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COiVIMON INTEREST COMMUNITY NO. 1578
Condominium
STONEBAY OF ORONO CONDOMINIUM
DECLARATION
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' This Dec aration is made in the county of ' , state of Minnesota, an this
�day of vr5 , 2007, by O.C. Development LC, a Minnesota limited liability
company (the " eclarant"), pursuant to the provisions of Mini�esota Statutes Chapter 515$,
known as the innesota Common Interest Ownership Act (the "Act"), for the pucpose of
creating Stoneba of Orono Condominium as a condominium under the Act.
• WHER AS, Declarant is the owner of certain real property located in Hennepin County,
Minnesota, legal y described in Exhibit A attached hereto, and Declarant desires to submit said
real property a d al] improvements'thereon (collectively the "Property") to the Act as a
condominium, d
WHER AS, Declarant desires to establish� on the Praperty a plan for a permanent
residential com unity to be owned, occupied, and operated for the use, health, safety, and
welfare of the O ners and Occupants, and for the purpose of preserving the value, the structural
. quality, and the rigina!architectural character of the Property,and
WHE AS, the Property(i) is not subject to a rnaster association as defined in the Act;
(ii) is not subj t to an ordinance referred to in Section 5t5B.1-Ifl6 of the Act, governing
conversions to c mmon interest ownership; and(iii)does not include any shoreland as defined in
Minnesota Statu es Section 103F.205.
THERE ORE, Declarant subjects the Property to this Declaration under the name
"Stonebay of O ono Condominium," consisting of the Units referred to in Section 2, declaring
that this Declar tion shall constitute covenants to run with the Property, and that the Property
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shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, �
charges, and liens set forth herein, all of which shall be binding upon all Persons owning or
, acquiring any right, title, or interest therein, and their heirs,personal representatives, successors,
and assigns.
� � SECTION 1 �
� DEFINITdONS
The followin�words vnhen used in the Governing Documents shall have the following meanings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter S�15B, known as the Minnesota
Common Interest Ownership Act,as amended. �
1.2 "Assessments" rneans and refers to all assessments levied by the Association
' pursuant to Section 6 and pursuant to the Act,including,but not limited to,annua]
assessments,special assessments,and limited assessments.
13 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 317A and Section SISB.3-101 of the Act, whose members consist of al]
Owners.
� i.4 "Board" means the Board af Directors of the Association as provided for.in the
� Bylaws.
1.5 "Buildine" means each structure which is or becomes a part of the Property and
which contains at least one Unit_
l.6 "Bylaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "Citv„means the city of Orono, Minnesota.
1.8 "Common Elements" means ali parts of the Property except the Units, including
al] icnprovements thereon.
1.9 "Common Expenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Documents.
1.10 "Condominium" means the condominium created by this Dec(aration and known
as Stonebay of Orono Condominium.
L.l 1 "Declarant Control Period" means,the time period during which Declarant has the
exclusive right to appoint the members of the Baard,as described in Section I6.
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5:12 "E ' ible Mort a ee" means any Person which owns a first mortgage on a Unit ' ;
an which has requested in writing that the Association notify ii regarding any
�r posed action which requires approval by a specified percentage of Eligibie
� M rtgagees.
- ;.;3 "G vernin Documents" means this�Decl�ration,the Bylaws, and the Articles of
� Inc rporation of the Association, as those documents may.be amended from time
to ime,all of which shall govern the use and operation of the Property.
1.14 "L�mited Common Elements"means a portion of the Common Elements allocated
by his Declaration or by operation of Section S l SB2-102(d) or(fl of the Act for
the exclusive use of one or more but fewer than all of the Units.
1.15 " ember"means a Person who is a member of the Association by virtue of being �
an wner as defined in this Declaration. The words"Owner"and"Member"may
be sed interchangeably in the Governing Documents.
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1.]6 "O cu ant" means a Person,other than an Owner,in possession of,or residing in,
a nit. .
i.17 "O er" means a Person who owns a Unit, but excluding a coritract for deed
ve dors,a mortgagee, a holder of a remainder interest or a reversionary interest in
I a I fe estate, and any vther secured parties within the rrteaning of the Act. The ,
te "Owner" includes, without limitarion, a contract for �deed vendee, and a �
ho der of a life estate. '�
I.18 "P rson" means a natural individual, a coiporation, a ]imited liability company, a
pa nership, a trustee,or other legal entity capable of holding title to real property.
1.19 "P at" means one or more than one recorded plat depicting the Property pursuant
to the requirements of Section 515B.2-110(c) of the Act, and satisfying the
re uirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable,
in luding any amended or supplemental Plat recorded from time to time in
ac�ordance with the Act.
1.20 "P o ert " means all of the real property subjected to this Declaration,now or in
th future, including all structures and improvements located thereon. The
Pr perty is legally described in Exhibit A attached hereto_
1.21 " les and Re u3ations" means the Rutes and Regulations of the Association as
ap roved from time to time pursuant to Section 5.6. �
122 " nit" means a part of the Property within a Building other than the Common ��
E] ments, inc3uding one or more than one room or enclosed space designed and
in nded for separate ownership and use, alI as described in Section 2 and shown �
on the PEat.
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The terms used in the Governing Documents,and defined in the Act and not in this Section,shall '
have the meaning set forth in the Act. References to section numbers in this Declaration shall
refer to sections of this beclaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, $OUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and convert Units pursuant to Section i6. All Unit�are restricted exclusively to residential use.
Each Unit constitutes a separate parcel of real estate_ No portion of a Unit shall be transferred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section ]6, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S15B.2-I 12 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Units is
set forth in Exhibit B a#tached hereto.
22 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing rnaterials adheced to the interior of the Unit boundaries
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perimeter
- walls, columns, ceilings, or floors, and any common utiIity lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but .
Iocated in or passing through a Unit, sha11 be Common Elernents. The boundaries of each Unet
shall also extend along the inside unfinished surfaces of ihe Unit's perimeter doors and windows, �
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, �interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Avnurtenant Easements. The Units and the Common Eiements shall be subject to
and benefited by the easements tlescribed in Section 12. i
SECTION 3 i
COMMON ELEMENTS, LIMITED COMMOi� ELEMENTS,
AND OTI-iER PROPERTY
3.1 Comrnon Elements. 1�e Common Elements, and their characteristics are as
. follows:
3.t.1 All of the Property not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat,or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Occupants in Limited Common
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Elements ppurtenant to their respective Units; and (iii) the right af the Association to .
establish r asonable Rules and Regulations governing the use of the Properry; �
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3. .3 Except as otherwise expressly provided in the Governing Documents, (i)
no impro ernent, modification, construction, or change of the Common Elements shali
. take place by an Owner or Occupant�without prior written authorization by the Board and
(ii)all ma ntenance,repair,replacement,improvemer_t, management, and operation of the
Common lements shall he the respansibility of the Association; and
. 3. .4 Common Expenses for the maintenance, repair, rep]acement,
managem nt, and operation of the Common Elements shall be assessed and collected
from the wners in accordance with Sectian 5_
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3.2 Li ited Common Elements. The Limited Common Elements are those parts of '
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the Common Ele ents reserved for the exclusive use of the Owners and Occvpants of the Units
to which they ar allocated, as described in this Declaration and the Act. The rights to the use
and enjoyment f the Limited Common Elements are automatically conveyed with the ,
conveyance of s ch Units. The Limited Common Elements are described and allocated to the
Units as follows:.
� 3 2.1 Those items or areas designated as Limited Common Elements on the Plat
or by the Act are allocated as indicated therein.
3 22 Improvements, if any, such as decks, patios, porches, balconies, shutters,
awnings, perimeter windows and doors, window screens, window boxes, sleeves and
fittings urrounding window air conditioning units, chimneys, driveways, walks,
doorstep ar�d stoops, constructed as part of the original construction to serve a single
Unit or nits, and replacements and modifications thereof authorized pursuant to Section
� 7.10, loc ted whoIly or partially outside the Unit boundaries,are aliocated exclusively to
the Unit r Units which they serve.
3 23 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
installati ns, bearing walls, bearing columns, or any other components or fixtures lying '
partially ithin and partially outside the houndaries of a Unit,and serving only that Unit,
. are alloc ted to the Unit which they serve. Any portion of such installations serving or
affectin the function of more than one Unit or any portion of the Common Elements is a
part of t e Common Elements,but is not a Limited Common Eiement.
.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than one Unit, and located wholly or partially outside the boundaries of one or more than
one Un't, are Limited Comman El�ments allocated to each Unit served by such
equipme t.
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SECTIUN 4 •
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in the Association, a.portion of the Common Expenses, and a portion of the undivided interests
in the Common Elements,shall be governed by the following pro�isions:
4.l Memhershin. Each Owner shali be a Member solely by reason of owning a Unit,
and the tnembership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the CSwner's ownership terminates. When more
than one Person is an Owner of a Unit,all such Persons shall be members of the Association,but . '
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit nor '
authorize the division of the voting rights. '
4.2 Allocation of VotinQ Ri�hts, Common Exoenses, and Undivided lnterests. ;
Common Expense obligations and undivided interests in the Common Elements are allocated �
equally among the Units, subject to the Association's right to ievy limited Assessments under I
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Sections 6.4. Each Unit shall have one vote with cespect to matters in which the Owners are
entitled to vote. -
. 4.3 Appurtenant Rights and Obli ations. The ownership of a Unit shal} include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
, obligations, and ihe title to [he Units, shall not be separated or�conveyed separately, and any �
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate from the titfe to the Unii shall be void. The aliocation of the rights and obiigations
described in this Section may not be changed, except ir� accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner, or some natural Person designated to act as proxy I
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit
, at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
ADMINISTRATION
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The administration and operation of the Association and the Property, including, but not
(imited to, the acts required of the Association, shall be governed by the following provisians:
5.1 General. The operation and administration of the Association and the Praperty
shall he govemed by the Governing Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Goveming Documents and-
. the Act, be responsible for the operation, management, and control of the Property. The
Association shall have all powers described in the Governing Documents,the Act and the statute
under which the Association is incorporated_ All power and authority of the Association shall be
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' vested in the Soar , unless action or approval by the individual Owners is specifically required -
by the Goveming Documents or the Act. All references to the Association shal] mean the
Association acting hrougli the Board,unless specificatly stated to the contrary.
5.2 O e tional Pur oses_ The Association shall operate and manage the Property for
the purposes af{i} a8rninistering and enforcing the covenants, restrictions, easements, charges, �
and liens'set forth n the Goveming Documents and the Rules and Regulations, (ii)maintaining,
repairing, and rep acing those ponions of the Property and ather property for wk�ich it is
responsible, and(i i) preservin� the value, and the architectural uniformity and character, of the
Property. ; �
5.3 Bin in Effect of Actions. All agreements and determinations made by the
Association in ac ordance with the powers and voting rights established by the Governing
Documents or the ct shall be binding upon all Owners and Occupants,and their lessees, guests,
heirs, personal re esentatives, suceessors, and assigns, and all secured parties as defined in the
Act.
5.4 B 1 ws_ The Association shall have Bylaws. The Bylaws shall govern the
operation and ad inistration of the Association, and sha91 be binding on all Owners and
Occupants.
5.5 Ma a ement. The Board may delegate to a manager or managing agent the
managemeni duti s imposed upon the Association's officers and directors by the Governing
Documents and Act. However,such delegation shall not reiieve-the officers and directors of
the ultimate resp nsibility for the performance of their duties as prescribed by the Governing
Documents and b law.
5.6 Ru es and Re ulations. The Board shall have exclusive authority to approve and
implement such r asonable Rules and Regulations as it deems necessary from time to time for
the purpose of op rating and administering the affairs of the Association and regulating the use
of the Property; rovided, that the Rules and Re�ulations shall not be inconsistent with the
Governing Docu ents or the Act. The inclusion in other parts of the Governing L)ocumenu of
authority to appr ve Rules and Regulations shal] be deemed to be in furtherance, and not in
li;nitation,of the uthority granted by this Section. New or amended Rules and Regulations shall
be effective anly fter reasonable notice thereof has been given to the Owners.
5.7 A �sociation Assets• Sumlus Funds_ All funds and real or personal property
acquired by the ssaciation shall be held and used for the benefit of the Owners for the purposes
' stated in the Gov ming Documents. Surplus funds remaining after payment of or provision for
Common Expen es and reserves shall be credited against future Assessments or added to
reserves, as dete ined by the Board.
5.8 R sale Disclosure Certifcates. Pursuant to Section S 15B.4-107 of the Act, in the
event of a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to�the
purchaser a resa] disclosure certificate containing the information required by Section S15B.4-
107(b) of the A . Pursuant to Section S15B.4-l07(d) of the Act, the Association shall, within
ten days (or wit in such other relevant timeframe set forth in the Act) after a request by an
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The .
Association may charge a reasonable fee for furnishing the resale disclosure certificate and any
documents related thereto.
SECTION b
- ASSESSMENTS
6.1 General. Assessments shalI be determined and assessed against the Units by the •
� Board, in its discretion, subject to the requirements and procedures set forth in this S�ction 6 and
the Bylaws. Assessments shall include annuai Assessments under Section 6.2, and may include
special Assessmen#s under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be altocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common Expenses of the Association for that yeaz which are to be shared equally
. by ail Units in accordance with the allocation set forth in Section 42. Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessrrient is levied, Declarant shall pay all Common
Expenses.
63 Special Assessments. ln addition to annual Assessments, and subject to the •
limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the purpose of defraying in whole or in part (i}the cost of
any. unforeseen and unbudgeted Cammon Expense, (ii) general or specific reserves for
maintenance, repair,or replacement of any part of the Property,and (iii) the maintenance, repair, i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments_ In addition to annual AssessmenLs and special
Assessments,the Board has the authority to(and, in certain instances set forth in this Section b.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following requirements and procedures:
� C.4.i Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
5.4.2 Any Common Expense benefiting fewer than al] of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4 3 In addition to annual Assessments and special Assessments,the Board has -
the autho ty to {and, in certain instances set forth in this Section 6.4, shall) levy and
' allocate ii ited Assessments among only certain Units in accordance with the following
requireme ts and procedures.
. - 6.4 4 The Gosts of insurance may be assessed in proportion of the square footage
or actual c st�er llnit.
ib.4 5 Reasonable attomeys' fees and other costs incurred by the Association in
� connectio with (i) the collection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an 4wner or
Occupant r their tenants or guests,may be assessed against the Owner's Unit.
6. 6 Late charges, .fines, and interest may be assessed as provided in
Section l .
6. .7 Assessments levied under Section S15B.3-llb(a) of the Act to pay a
judgment gainst the Association may be levied only against the Units existing at the
time the j dgment was entered, in propartion to their Common Expense liabilities.
6. .8 If any damage to the.Common Elements or another Unit is caused by the
act or om ssion of any Owner or Occupant, or their guests•or invitees, the Association
� may asses the costs of repairing the damage, or any increase in insurance rates directly
attributabl to the Act or omission,exclusively against the Owner's Unit to the extent that
- the dama is not covered by insurance.
6. .9 If Common Expense liabilities are reallocated for any purpose authorized
by the Ac , Assessments and any installment thereof not yet due shall be recalculated in
accordanc wiih the reallocated Common Expense liabilities
Assessments lev ed under Sections 6.4.1 Ehrough 6.4.8 may, at the Board's discretion, be �
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assessed as a part of,or in addition to,other Assessments levied under S��tion 6.l or 6.2: �
6.5 W rkin Ca ital-Fund. There shail be estabtished a working capital fund to meet � '
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unforeseen expe ditures or to purchase additional et�uipment or services for the Association. �
The Board may include in each subsequent annual budget a reasonable amount of working
capital,hased up n the anticipated needs of the Association for the year in question. There shall
be contributed b the purchaser of a Unit, on a one-time basis upon the initial sale of each Unit
by Declarant, an mount equal to four monthly installments of the estimated annual Assessment
for the CJnit in th year of the sale. The contribution shall be paid at the earlier of(i)the time of
closing of sale o the Unit or (ii)the time of termination of the Declarant Control Period. The
contributions to is fund are in addition to the regular installments of annual Assessments, and
shall not be a redit to the regular installments of annual Assessments levied against the
respective Unit. he funds shall be deposited into a segregated Association account no later than �
the termination f the Declarant Control Period. Funds deposited in said account shall not be
used to defray a y of Declarant's expenses, reserve contributions or construction costs, nor to
make up any bu get deficits during the Declarant Control Period. However, upon the clos�ng of
the initial sale o a Unit, Declarant may reimburse itself from funds collected from the purchaser
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at the closing for any prior contributions made by Declarant to the working capita! fund with •
respect to that Unit.
6.b Liabilitv of Owners for Assessmen#s. Subject to Section 6.7,the obligation of an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the Owner
� acquires title t�the Unit or(ii) the due date of the first Assessment levied against the Unit by the
Board. The Qwner at the time an Assessment is payable with respect to t�e Unit shail be
personally Iiable for the share of the Common Expenses assessed against such Unit. Such
liability shall be joint and several where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liabiIity for payment of Assessments by. �
right of set-off, by waiver of use or enjoyment of any part of the Property, hy absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against
Declarant,the Association, or the Assoc'ratian's officers, directors, or agents, or for their failure
to fulfill any duties under the Governing Documents or the Act. ��
b_7 Declarant's Alternative Assessment Pro�ram. The following altemative
Assessment program is established pursuant to Section S I SB,3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been Jevied, Declarant may e]ect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same rype until a final cectificate of
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the�share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
, required by Section 515B.3-1IS of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the level of services for other
items set forth in the Association's badget.
6.7.3 Declarant's reduced assessment obligation shall appiy to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issuance of a final certificate of
occupancy or comparable City approval for the Unit.
6J.4 Notwithsianding the foregoing, Deciarant shall be obligated to, within
, sixty days following the termination of the Declarant Control Period, to make up any
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operating deficit incurred by the Association during the Declarant Control Period.
� b.8 Assessment Lien. The Assaciation has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installrnents, the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section 515B.3-]02(a){10), (l l), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and perfection af any lien nnder this Section 6, and no further recordation of any
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notice of or claim for the lien is required. The release of the lien shall not release the Owner .
from personai liab�lity unless agreed to in writing by the Association.
6.9 For�closure of Lien• Remedies. A lien for Assessments may be foreclosed
against a Unit und r the taws of the state of Minnesota(i)by action,or(ii) by advertisement in a
like manner as a mortgage containing a power of sale. The Association, or its authorized
representative, sh !! have the pewer to bid in at the foreclosure sale and to acquire, hoId, lease,
mort�age, and co�vey any Unit so acquirzd. The Owner and any other Person claiming an
interest in the Unpt, by the acceptance or assertion of any interest in the Unit, grants to the
Association a po er of saie and full authority to accompiish the foreclosure. The Association
shall, in addition o its other remedies, have the right to pursue any other remedy at law or in
equity against the wner who fails to pay any Assessrnent.or charge against the Unit. �
6.10 Lie Prioritv; Foreclosure. A lien for Assessments is Qrior to all other liens and
encumbrances on Unit except(i) liens and encumbrances recorded before this Declaration, (ii)
any first mortgag on the Unit, and (iii} liens for real estate taxes and other governmental
Assessments or c arges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage
on a Unit is Forec osed, {ii) the first mortgage was recorded on or after t�e date of recording of
, this Declaration, a d {iii) the Owner of the Unit does not redeem from the foreclosure during the
� Owner's period o redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
! the holder of the eriff's certificate of sale from the foreclosure of the first mortgage shall take •
title ta the Unit subject fo a lien in favor of the Association for unpaid Assessments or
instaliments there f levied pursuant to Sections S I SB.3-I 15(a), {e)(1) to (3}, (fj, and (i) of the
Act which becam due, without acceleration, during the six months immediately preceding the� �
first day followin the end of the Owner's period of redemption.
6.11 Re 1 Estate Taxes and Assessments. Real estate taxes, special assessments, and
other charges an fees which would normally be tevied against the Common Elements by
govemmental au orities, shall be allocated equally among and levied against the Units, and
shall be a lien ag nst each Unit in the same manner as a lien for real estate taxes and real estate
special assessmen s levied against the Unit alone.
6.12 Vo unta Conve ances• Statement of Assessments_ In a voiuntary conveyance
of a Unit the buy r shall not be personally liable for any unpaid Assessments and other charges �
made by ihe Asso iation against the seller or the seller's Unit prior to the time of conveyance to
� the buyer, unless xpressly assumed by the buyer. However, the lien of such Assessments shall
remain.against th Unit until released. Any seller or buyer shall be entitled to a statement, in
recordable form, from the Association setting forth the amount of the unpaid Assessments
against the Unit, including all Assessments payable in the Association's current fiscal year,
which statement s al3 be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owne and Occupants, and ail secured parties, by their acceptance or assertion of an
interest in the Pr perty, or by their occupancy of a Unit, covenant and agree that, in addition to
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any other restrictions which may be imposed by the Act or the Governing Documents, the '
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used, and
occupied subject to the Governing Documents and the Act, as amended from time to time. All �
covenants, restrictions, and ob�ligations set forth in the Goveming Documenis are in furtherance
of a plan for the Property, and shall run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal regresentatives,successors,and assigns.
7.2 Subdivision or Conversian Prohibited. Except for Units subdivided or cnnverted
by Declarant pursuant to Section Ib.2, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single Family residential dwellings, and not for transient, hotel,
commercial,business,or other non-residential puiposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve months or any occupancy
which inciudes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes. .
7.4 Business Use Restricted. No business, irade, occupation, or profession of any
kind, whether camed on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupataon in such Unit;provided, that such use (i) is incidental to the residential use;(ii) � '
does not involve physical alteration or improvement of the Unit visibie from the exterior
of the Unit; (iii) is in campliance with all governmentai laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
. displays, unusual numbers of deliveries, or unusual leveis of pedestrian or_ vehicular
i traffic to and from the Unit; {v) does not involve employees, independent contractors, or
consuitants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association may maintain offices on the Property for management
and related purposes. •
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7.5 Lea in . Leasing of Units shall be allowed (subject to reasonable regulation by �
the Association) b t only in accordance with the foilowing conditions: (i) no Unit may be
subleased, (ii) a �mt must be ieased in its enrirety (not by room), (iii) the lease shal] be in
writing,(iv) unlesslotherwise required in connection with the financing,guarantee,or insuring of
a Unit mortgage, �nd except for leasing of Units owned by Declarant, no lease shall be for a
" period less than tw lve months, except for extenuating situatior,s,�(v) the lease shall provide that
� it is subject to the�Governing Documents, the Rules and Regulations, and the Act, and that any
failure of the less�e to comply �vith the terms o[such documents shall be a default under the
lease, and (vi) pri�r to occupancy of the, Unit by ihe lessee(s), the Association shall receive a
copy of the fuliy-s�gned lease along with a written list of the name and telephone number of each
Person who will o�cupy the Unit under the]ease,and the absentee address of the leasing Owner.
The tlssociation ay impose such reasonable Rules and Regulations as may be necessary to
implement proced res for the leasing of Units, consistent with this Section and applicable ]aw,
including but not 1 mited to{i)a requirernent for a form addendum to be attached to each lease to
assure that the rig ts and authority of the Association and Owners and Occupants are recognized,
and (ii) a require ent for the screening of lessees through a reputable, professional screening
organization; prov ded,that such screening shal] not violate federal, state, or local discrimination
iaws.
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7.b. Del ation of Use. An Owner's right of use and enjoyment of the Unit shall be
automatically dele ated to other persons living in the Unit pursuant to a legal right of possession;
provided, that su h persons shall be subject to the Governing Documents and the Rules and
Regulations. Unl ss otherwise authorized in writing by the Board, if persons other than the
Owner or the 0 ner's family (e.g., lessees) have been given the legal right to possess the
Owner's Unit, th those persons shall have the right to use any recreational faciIities, parking,
storage, and othe amenities available by reason of.occupancy of the Unit in lieu of the Owner
and the Owner's _ ily.
� 7.7 Pa kin . There are ninety-five Common Element vehicle garage statls �
(collectively the `Stalls," and individualiy a "Stall") in the lower 3eve1 of the Building. The �
StaEls and other p rking spaces on the Property shall be used only for parking of vehicles owned
or leased by Ow ers and Occupants, and such other incidental uses as may be authorized in
writing by the A sociation. A Stall shall not be converted to other uses or used for storage or
other purposes w ich would prevent the parking of a mid-size automobile in the Stall, except as
authorized in wr ting by the Association. The use of the Stalls, other parking spaces, and �
driveways on the Property, and the types of vehicles and persona[ property permitted thereon,
shall be snbject t regulation by the Association, including, but not limited to, the right of the
Association to to illegally parked vehicles or to remove unauthorized personal property.
• 7.8 St Ils. The Stalls shall be assigned to various Units; and the operatian and
iransfer of the St lls shall be administered, in accordance with this Section 7.8. The following
conditions and re trictions shall govem the assignment, use,and transfer of the Stalls.
7. .l The initia! assignment of a Stall to a Unit shall be made by the Association
as directe by Declarant at the time of the first conveyance of the Unit by Declarant.
Upon the closing of the initial sale of a Unit, the Association shall, as directed by
Declarant�assign to the Unit the exclusive right and license to use at least one Stalt. Each
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Stall assigned by the Association shall be deemed to be licensed and assigned by the •
Association to the Unit to which it is assigned. After all Units owned by Declarant have �
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupanis, for handicapped parking, or
for renta!or assignment hy the Association to Owners or Occupants,as determined by the
B�ard. The Association may, after DecIarant no longer owns any Unit, rent or otherwise
assign any unassigned Stalls to Owners or Occupants. _
7.8.2 The use rights with respect to each Stall sha11 be deemed ta be licensed
exclusi�ely to the Owner of the Unit to which the Stall is assigned. The Association shall
maintain records identifying the Stalls, the Units to which they are assigned,the names of
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of garage staU assignment{the"Garage Certificate"}shall be signed and dated �
on behalf of the Association and made available for delivery on the date the Owner
' acquires title to ihe Unit to which ihe Stall is assigned. T'he Association shail not.
unilaterally reassign any Stall assigned to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Stall shall remain with the Unit to which is it assigned unti]the license
is transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Sta]1
� license may be transferred to another Unit,but only by first delivering to the Association
(i) a written transfer certificate, �n a form approved by the Association, signed by the
transferor and the transferee, and (ii) all prior Garage Certificates and copies thereof
issued with respect to the Sta11. The Association shall review the proposed transfer
• certificate for compliance with this Section 7 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transfered
and issue a new Carage Certificate to the transferee. The license to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section 7.8. ln the absence of a properly executed assignment to
the contrary, the licerise to use a Stall assigned to a Unit at the time of the Unit's �
conveyance sha11 be autornatically assigned with the conveyance of title to the Unit.
7.8_4 An Owner may rent or allow the use of the Stall assigned to his or her Unit j
only to or by other Owners and Occupants_ The lease or other use right shall be in
written form, and shall terrninate when the lessor, lessee, or other user is no longer an
Owner or Occupant, regardiess of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any ]ease or use agreerrient
with respect to the Sta[! assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use agreement to the Association. The Association may hold,reassi�n the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first]ien or other security interest
on a Unit shall include the license to any StaEl which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8. Any Iicense, lease, rental, assignment, transfer, or purported transfer of •
any interes in a Stali in violation of this Section 7.8 shall be void:
7.8. The use of the Stalls, and the size and types of cars and other motorized
vehicles w ich may be kept in a Stall, are subject to Rules and Regulations as approved
. from time t ti?ne by the 3oard_ -
7.� Sta e S aces. There are ninety Comm�n Element storage spaces located in the
lower level of th Building (collectively the "Storage Spaces," and individually a "Storage
Space"). The assi mnent of the Storage Spaces, and the operation and transfer of the Storage �
Spaces, shall be a inistered in accordance with this Section 7.9. The fol(owing conditions and
restrictions shall g vern the assignment,use,and transfer of the Storage Spaces.
� 7.9. The initia] assignment of a Storage Space to a Unit shall be made by the
Associatio as directed by Deciarant at the time of the first conveyance of the Unit by ;
Dedarant. Upon the closing of the initial sale of a Unit,the Association shalt, as directed
by Declara t, assign to the Unit the exclusive right and license to use at least one Storage
Space. Ea h 5torage Space assigned by the Association shall be deemed to be licensed
and assigne by the Association to the Unit to which it is assigned_ After all Units owned
by Declara t have been conveyed, any unassigned Storage Spaces shall be deemed to be
assigned to the Association. The Association may, after Declarant no longer owns any
Unit,rent o otherwise assign any unassigned Storage Spaces to Owners or Occupants. ,
7.9. The use rights with respect to each Sterage Space shall be deemed to be
licensed ex lusively to the Owner of the Unit to which the Storage Space is assigned.
The Associ tion shatl maintain records identifying the Storage Spaces, the Units to which
they are ass'gned,the names of the Owners of the Units, and the dates of assignment and
.any reassig ments. A written certificate of Storage Space assignment (the "Storage
Certificate" shall be signed and dated on behalf of the Association and made available
for delivery on the date the Owner acquires title to the Unit to which the Storage Space is
assigned; p ovided, that the Owner has been assigned a Storage Space. The Associatian i
shall not un laterally reassign any Storage Space assigned to a Unit.
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7.9. A Storage Space license shall remain with the Unit to which it is assigned
until the lic nse is transferred in accordance with this Section 7_93. .Subject to Section
7.9.2, a St rage Space may be transferred to a�ather Unit, but only by first delivering to
the Associa ion (i) a written transfer certificate, in a form approved by the Association,
signed by t e transferor and transferee, and (ii) aIl prior Storage Certificates and copies
thereof, iss ed with respect to the Storage Space. The Association shall review the
proposed tr nsfer for compliance with this Section 7,9 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transferee
and issue a new Storage Certifieate to the transferee. The license to use the Storage
Space shall emain with the Owner and Unit to which it is transferred until the license is
transferred n accordance witfi this Section 7.9. [n the absence of a properly executed
assignment o the contrary, the license to use a Storage Space assigned to a Unit at the
time of the Unit's canveyance shall be automatically assigned with the conveyance of
title to the nit_
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his •
or her Unit only to or by other Owners and Occupants. The lease or ather use right shatl
be in written form, and shall terminate when the lessor, lessee, or other user is no longer
an Owner or Occupant, regard(ess of the terms of any agreement to the contrary. The
� Owner shatl give the Association advance written notice of any lease or use agreement
with respect to the Storage Soace assigned to ihat Owner's• Unit, and shall promptly
provide a copy of the lease or use agreement to the Associatron. The Association may
hold, reassign the license foc, or rent, a Storage Space assigned ta it in the same manner
as an Owner, except for the Storage Spaces reserved for use by Owners. , �
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
7.9.6 Any license, lease, rental, assignment, transfer, or purported transfer of �
any interest in a Storage Space in violation of this Section 7.9 shall be void.
" 7.9.7 The use of the Storage Spaces, and the items that may be stored in the
Stora�e Spaces, are subject to Rules and Regulations as approved from time to time by
the Board.
7.10 Animals. The Board shall have the exclusive authoriry to regulate or prohibit,by � •
' the Rnle and Regulations, the keeping of animals on the Property; provided, that the Board may �
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers},cats, small birds, small
fish, and other animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.L0.1 Rules and Regulations may be adopted by the Assaciation to regulate or
prohibit pets on the Property, including, but not Iimited to,the type, size,and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are riot
inconsistent with the Goveming Documents.
� 7.30.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any kind shall be raised or bred, or kept for business or
commercial purpases,by any Person upon any part of the Property.
7.10.3 Pets shal! not be allowed to make an unreasonable amaunt of noise, or to
became a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shall be housed only within Units, and not within the Cammon
Elements. No structure, fence, or enclosure for the care, housing, or confinement of any
pet shall be constn,cted or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.I0.5 Pets shall be under control of an aduit individual ai all times when outside �
of the Unii.
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� 7.1 6 Owners and Occupants keeping pets within their Units are responsible for •
! the pet's ehavior and for complying with municipal pet Iaws,, ordinances, and
� regulations� An Owner is liable to the Association for the cost of repair of any damage to
the Propert ,or the damages and expenses associated with any personal injury,caused by
. an animal (i) kept by that Owner on the Property, (ii) kept on the Property by an -
Occupant f that Owner's Unit,or(iii) brought upon the Property by a guest or invitee of � .
that Owne or that Occupant. The owner of that animal �ii not that Owner)shall also be
liable for s�ch costs,damages,and expenses.
7.i�.7 The Board sha11 have auihority to deterrnine in its sole and absolute
discretian � hether a particular pet shail be permanently removed from the Property based
upon the p t's behaviar or the failure of the pet's owner to comply with(i)this Section 7,
(ii) applic ble governmental restrictions, laws, or ordinances, or (iii) any additional I
restrictions approved by the Board; provided, that such removal shall be subject to
Section 13 3.
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7.1�.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
faiiure to domply with any pet restrictions shall be an Assessment against the Owner's
Unit.
7.11 ui t En'o ent Interference Prohibited. Subject to Section 7.16, all Owners
' and Occupants an their guests shall have a right of quiet enjoyment in their respective Units,
subject to the righ s of other Owners and Occupants to reasonable use of their respective Units
and the usuat and customary sounds generated thereby given the multi-family, apartment-style
structure of the Bu lding. Taking into consideration the nature of the Building stracture, Owners
and Occupants an their guests shall use and occupy the Property in such a manner as will not �
cause a nuisance r disturbance, nor unduly restrict, interfere with or impede the use and quiet
enjoyment of the P operty by other Owners and Occupants and their guests. .
7_12 Cortivliance with Law. No use shall be made of the Property which wouid violate
any then existing �nunicipal codes or ordinances, or state or federal laws and regulations, nor
shall any act or u�e be permitted which could cause waste to the Property, cause'a material i
increase in insurar�ce rates on the Praperty, or otherwise cause any vnusual liability, health or j
safety risk,or expdnse,for the Association or any Owner or Occupant. �
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7.]3 Alt rations. Except for those made by Declarant in consideration of its initial sale
of a Unit and exce t as otherwise pravided in Section 8, no alterations (as defined in Section 8)
shall be made, or aused or allowed to be made, in any part of the Common Elements, or in any
part of the Unit w ich affects the Common Elements or another Unit, or which is visible from
the exterior of th Unit, without the prior written authorization of the Board, or a committee
appointed by it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit any
physical changes t his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of zhe Build ng, or any Building system, or other improvement located on the Property; or
(ii) interfere with y easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparable �
fonn of lease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.15 Access to Units. ln case of emergency which constitutes an immediate and
mater�al threat to the Property or to the health or safety of the Owners or Oecupants, all Units
and the Limited Elements are subject to entry, without notice and at any time, by an offcer or
member of the Board, by the Association's management agents, or by any public safety
personnei. Entry is alsa authvrized for maintenance purposes under Sections 9 and 13, and for
enforcement�purposes under Section t4.
• 7.16 Public Works Facilitv. The City's public works facitity(the"Facility"}is located
directly to the west of the Property. The Facility is_used by the City for,among other things, the
starage, rnaintenance, and repair of trucks, plaws, and other equipment owned and used by the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. Given '
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,so�nds, lights,and smells associated with the Facility.
7.17 StoraQe. Subject to the provisions of Section 7.9, personal groperty may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
tower level of the Building, may not be obstructed, or used for parking,storage,activities, or any
purpose other than access and authori'zed parking and storage. '
7_18 Prohibited Conduct. No Owner or Occupant shall(i)cause or pennit any physical
changes to their Unit or the Common Elements that could jeopardize or impair the weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii)interfere with any easement;{iii) install or permit the installation of hard surface
floor coverin.gs within their Unit without the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which coutd affect or
damage the sound barriers or sound attenuation materials instatled on or within the ceilings,�
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8 �
ARCH[TECTURAL STANDARDS
8.l Restrictions on ImRrovements. One of the purposes of this Declaration is to
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structurally sound. Therefore, except as set forth in Section 8.5, the foilowing restrictions and
requirement�shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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individuall a "alteration"), including, but not limited to, any structure, buiiding, '
addition, d cic, patio,fence,wall, enclosure, window, exterior door,antenna or other type
of sendin or receiving apparatus, sign, flag, display, decaration, color change,
shrubbery, aterial topographical or landscaping change,or any other exterior alterations
to or of a nit or a Limited Common Element, shail be made, or caused or allowed�to be
�;iatie, by a y Owner ar OccuFa�t,'or their invit�es, in any part of the Cornmon Eiements, h '
or in any p rt of the Unit which affects the Common Elements or another Unit,or which
is visible om the exterior of the Unik, unless and unti] the plans and specifications
showing th nate�re, kind, shape, height, calor, materials, and locations of the alterations
shall have been appra"ved in writing by the Board or a committee appointed by it. In
addition, eclarant's written consent shall also be required for alterations until Declarant
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no longer wns a Unit far initial sale.
8.1 2 The Board may appoint, supervise, and disestablish an architectural
committee and specifically delegate to it part or all of the functions which the Board
exercises nder this Section 8, in which case the references to the Board shall refer to the
architectur 1 committee where appropriate. The architectural committee shall be subject
to the supe ision of the Board. �
8.1 3 The Board shal] establish the criteria for approval of alterations, which
shall (i) a quately protect the Property,the Association, and the Owners and Occupants,
from liabil ty and liens arising out of the proposed alterations or any construction activity
in connec ion therewith, and (ii) cornply with all governmerital Iaws, codes, and
regulation . The criteria for approval of alterations shalt include and require, at a
minimum:
8.1.3.1 substantial uniformiry of color, location, type, and design in
re] tion to existing structures and topography,.
8.1.3.2 comparable or better quality of materials as used in existing
im rovements on the Property, • � �
8_I.3.3 ease of maintenance and repair, �
8.1.3.4 adequate protection of the Property, the Association, the Owners,
an the Occupants from liability and liens arising.out of the proposed alterations,
8.1.3.5 substantial preservation of other Owners' sight lines, if material,
an
8.1.3.6 compliance with governmental laws, codes,and regulations:
8.1.4 The Board, or the appointed architectural committee if so authorized by
the Boar , in its soEe discretion, may impose standards for design, appearance, or
construct'on which are greater or more stringent than standards prescribed by the
Governin Documents, or by building, zoning, or other governmentai laws, codes, or
. regulatio s; provided, that such standards shall be consistent with the architectural
character and use of the Property as planned and developed by Declarant. The Board, or
MPLS-word 9528 i.l I 19
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the appointed architectural committee if so authorized by the Board, shall be the sole � •
judge of whether such criteria are satisfied, and its determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person holding or acquiring an
interest in the Unit. The purpose of the criteria established by the Board shall be (i) to ;
preserve the architectura!sryte and uniformity, the quality and value of the Property, and I
(ii) to protect the Associacifln ar:d the OW11eI$ f[plTl 11I;due-liab:lity arising oui of th� •
aiterations or any construction activity irt connection therewith. -
8.1.5 Alterations may be made in compliance with Section 515B.2-11.3 of the ,
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S 1 SB.2-114 of the Act.
8.1.6 Approval of alterations thai encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the Building and Units, shall create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary rec}uirement in the Governing Documents or the
Act. A file of the resolutions approving all aiterations shal{ be maintained permanenily
as a part of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section 8:
8.2.1 Detailed plans, specificatians, and related information regarding any �
proposed alteration, in form and content acceptable to the Board,sha1) be submitted to the
Board (or the comrnittee)and to Declarant(as long as Declarant is the owner of a Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Board(or the committee) and to Declarant(as long as Declarant is the ;
owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the
Board (or the committee) ar►d to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board(or the committee)and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that the alterations are done in accordance with the plans,
specifications, and related information which were submitted. �
$.2.3 If no request for approval is submitted, approva! shall be deemed to be
denied.
8.3 Remedies for Violations. 1'he Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each af the Owner's Units and he a pe:sonal obligation of the Owner.
In addition, the Association shali have the right to enter the Owner's Unit and to restore any part
MPL$-Word 95281.t 1 20
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of the Building or hat Unit to the prior condition if any alterations were made in violation of this •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a lien
against each of th Owner's Units.
8.4 O ner Res onsibilit /Indemnit . An Owner who causes an alteration to be
made, regaidless f whether the alteration is approved by the Board, shall be responsible for the
� canstruction wor and any claiins, damages, losses, or liabiIities arising out of the alteration.
Th� Owner, and ot the Association, is responsible for determining whether any alteration is in
violation of any r striction impased by any governmental authority having jurisdiction over any
portion of the Pro erty. The Owner shail hold harmless, indemnify,and defend the Association, j
and the Associati n's officers, directors, committee members,and management a�ents, from and
against any expe es, claims, damages, losses, or other liabilities, including without limitation
. attomeys' fees d costs of litigation, arising out of (i) any a(teration which violates any
governmental Ia s, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of the
specifications or tandards for construction of the alteration, and (iii) the construction of fhe
alteration.
8.5 Ex m tion . The requirements set forth in this Section 8 {except Section 8.4)
shall not apply ta he following:
8.5 1 Construction, reconstruction, or remodeling by Declarant in connection
with its sa e of Units.
' 8.5.2 The installation of the following antennas within a Unit or within a .
Limited C mmon Element, as permitted by applicable taw: (i) one antenna one meter or
less in di meter for the purpose of receiving direct broadcast/satellite service or video
programm ng services, or (ii) any antenna for receiving television broadcast signals.
However, the Board or a committee appointed by it, may require that the antenna be
installed a as to minimize its visibility from the front of the Unit and otherwise
carnonfla its appearance, uniess such requirements would violate applicable law. The
Board sha t have authority to impose further, reasonable related requirements consistent
with law. The Owner or Occupant of the Unit shall perform and pay for the installation,
maintenari e, and repair of the installation. . i
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8. 3 Alterations permitted by the Rules and Regulations.
SECTION 9 �
MAINTENANCE
9.1 M in[enance b Association. Subject to Section 9.2,the Association shall provide
for all maintena ce, repair, and replacement (collectively referred to as "maintenance" or
"maintain") of th Common Elements and the Limited Common Elements, in accordance with, I,
and subject ta,th following qualifications:
9.1.1 The cost of►naintenance of a Limited Common Element required to.be
undertake by the Association shal] be assessed against each Unit to which the Limited
Common lement is allocated. The Association may assign to an Owner the obligation
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; for routine maintenance of a Limited Common Element allocated to the Owner's Unit. �
However,if the Owner fails to adequately perform the maintenance, the Association may
` enter the Limited Common Element and tke Unit, perform the maintenance, charge the .
� Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
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, Association shall have an easement on, over, and through that Unit and the Limited
; ��mmon Element for purpeses of performing said maintenance. •
� 4.12 The Association shall be responsible for incidental damage caused to a.
' Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.[.3 [f damage to the Common Elements, the Cimited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
� any condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist,then the Association may repair the damage or correct the '
condition, charge the Owner for the cost of the maintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1_ The Association shall have an easement on, over,and through that Unit
� and the Limited Common Elements for the purposes of performing said repair or
� correction.
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9.1.4 Notwithstanding the assignrnent of any maintenance obligations to an
Owner, the Association shall have authority to approve any maintenance which affects
any part of the Property other than the Unit, which may impair any easement, or which
aiters the appearance of the Property as seen from outside the Unit:
9.1.5 Tt�e Association also has ihe obligation to maintain the Common Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for .
Stonebay recorded in the office of the County Recorder in and for Henr�epin County,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Cavenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway lying within the Cotnmon Elements.
9.2 Optional Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approval of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written batlot, undertake to provide
maintenance to parts of the Units.
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, specia]
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Resgonsibility. The Owner shall, at the Qwner's expense, be responsible
for maintenance, repair, and repiacernent as follows: .
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9.4 1 To rnaintain all portions of the Owner's Unit in good, clean, and sanitary •
condition, nd to maintain the Limited Common Elements allocated to the Owner's Unit
to the exte t assigned ta the Owner under Section 9.1.t. The Association may require Ehat �
the Own rs perform their maintenance obiigations in accordance with standards
establishe by the Association.
- 9. .2 Ta perfor„1 the foregoing ma;ntenance obligaticns in suCh rianner as not
io damag the Properiy, or unreasonably disturb or cause a hazard to other Persons
_ occupying or using the Property.
Th Association may, wiih the a�proval of the Members, undertake any
mainten e of a Unit which the responsible Ovmer fails to or improperly performs, and
� assess the Unit and the Owner for the cost thereof. No such approval shall be necessary
if the As ociation has the authority under the Governing Documents to perform such
maintena ce. Such cost shall be a personal obligation of the Owner and a lien against the
Owner's nit. Owners and Occupants shall promptly notify the Association of defects in
or damag to those parts of the Property which the Association is obligated fo maintain.
The Boa d may require that the Owners perf�rm their maintenance obligations in
accordan e with standards established by the Association.
9.5 W ste of Common Utilities or Commonl Metered Utilities. An Owner or
�ccupant of a U it shall not cause waste, or unreasonable usa, of comrrton utilities or utilities
that serve the U i# but which are commonly metered. In the event the Association determines
that such waste r unreasonable use is occumng, the Association shall have the authority to levy
against the Unit under Section 6.4, or otherwise), and charge to that Owner; the costs, charges,
and fees (whet� r billed by the utility provider, or otherwise) associated with that waste or
unreasonable us . Such costs, charges, and fees shall be calculated by the Association using
reasonable meth ds. Notwithstanding any provision to the Eontrary in this Declaration, the
Association may repair or correct any condition (and enter upon any Unit and Limited Common
Element to do s ) causing the waste or unreasonable use. The cost of the repair or correction
may, at the Boa� 's discretion, be assessed against the llnit, and may, at the Board's discretion,
� be the persona! ligation of the Owner of the Unit and a lien against the Unit
9.6 R strictions on Changes to the Property. Except as permitted by this Declaration, '
no Owner or O cupant shall, without prior written suthorization from the Board in accordance
with Section 7.l :
9 6.] Cause or permit any physical or aesthetic changes or alterations, whether
tempora or permanent, to be made to a Unit or the Common Elements, if such change
or alterat on is visibie from the exterior of his or her Unit.
9 6.2 Cause or permit any physical changes to his or her Unit or the Common �
Element that could jeopardize or impair the weather-tight integrity, safety or sovndness
of any p rt of the Property, any system or eqvipment on or within the Property, or any
other im rovements located on the Property.
• 9 6.3 lnterfere with or otherwise impair any easement.
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9.7 Dutv to Renort Defects. Owners or Occupants shall promptly report to the •
Association any defect or need for repair to those parts of the Property which the Association is
obligated to maintain.
9.8 Dama�e Caused bv Owner. Notwithstanding any provision to the contrary in this
, Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
Property is caused by the willfu!ar neglige.^.t act or omission of an Owner or Occupant,the guest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfuliy or negligentty allowed to exist, the Assaciaiion may cause such
� damage or condition to be repaired or corrected (and enter upon any Unit and Limited Cominon
Element t� do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personai obligation of the Owner and a 3ien
against that Owner's Unit.
SECTION 10
1NSURANCE
10_1 Required CoveraQe. The Association shall obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirernents set forth herein issued by one or more than
one reputabte insurance company authorized to do husiness in the state of Minnesota,as follows:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an
amount equal to one hundred percent.of the insurable"replacement cost",of the Property,
exclusive of (i)deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage {but including all building service equipment and machinery): •
� The Associatiori, at its sole discretion, may or may not insure the foliowing items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, impr.ovements
and betterments regardless of when installed, and any items referred to in Section '
S15B3-113(b)(i) through (vii) of the Act, but must.do so if required by the fiederal !
Nationai Mortgage Association ("FNMA"), the Federa) Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration("FHA"), or the secretary �
of Veteran's Affairs ("VA"). The policy or policies shall cover personal property owned
by the Association. The policy or policies shall afso c�ntain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include snch additional endorsements, coverages and limits with raspect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a precondition to their insuring, purchasing or financing a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitatian the
FHA, VA, FNMA or FHLMC, obligating the Association to keep ceRain specified
coverages or endorsements in effect.
10_12 Commercia! general liabiliry insurance covering the use, operation, and
maintenance of the Cominon Elements, with minimum limits of one million dollars per
,
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occurrence,against claims for death,bodily injury,property damage, and such other risks '
as are cust marily covered by such poiicies for projects similar in construction, location
and use to t e Property. The policy shall contain a"severability of interest"endorsement
which shal prec}ude the insurer from denying the claim of an Owner or Occupant
because af egligent acts of the Association or other Owners or Occupants. 'The policy
shall inclu e such additional endorsements, coverages and limits with resgect to such
hazards as ay be required by the regu9ations of the FHA, VA, FNMA, or FHLMC as a
preconditio to their insurin�,purchasing,or financing a mort�age on a Unit.
I0.13 Fidelity bond or insurance coverage against dishonest acts on the part of j
direciors, fficers, managers, trustees, emp}oyees, or persons responsible for handling
, funds belo ging to or administered by the Association, if deemed to be advisable by the
Board or re uired by the regulations of any financing-related institution as a preconditian
to the purc ase, insurin6, guarantee, or financing of a mortgage on a Unit. The fidelity �
bond or in urance shall name the Association as the named insured, and shall comply
with the r =ul.ations of the FNMA, FHLMC, FHA or VA, if required by one of such
agencies a a precondition to the purchase, financing, insuring, or gvarantee of a
mortga�e o a Unit. An appropriate endorsement to the policy to cover any persons who
' serve with ut compensation shall be added if the policy would not otherwise cover �
volunteers, or a waiver of defense based upon the exclusion of persons serving without
compensati n shall be added.
L0. .4 Workers' Compensation insurance as applicable and rec}uired by law. i
I0. .5 Directors and officer liability insurance with such reasonable limits and.
coverages s the Board shall determine from time to time.
10. .6� Such other insurance as the Board may determine from time to time to be
in the best nterests of the Association and the Owners.
1Q.2 Preniums• Im rovements• Deductibles. Except as provided in Section 6_4, all
_ insurance premiu s shall be assessed and paid as part of an annua] Assessment. If:��"
improvements an betterments to the Units are covered by the Association's property insurance,
any increased cos may be assessed against the Units affected. The Association may, in the case
of a claim for da age to one or more than one Unit, (i) pay the deductible amount as a Common
i Expense, (ii) asse s the deductible amount against one or more than one Unit affected in any
reasonable manne , or(iii) require the Owners of one or more than one Unit affected to pay the
deductible arnoun directly. The Association's decision as to who shall be charged with paying
the deductible a unt may, but need not, be based an fault. Notwithstanding anything to the
contrary in this S ction 10, the Association may, in the case of claim against the Association's
property insuranc ', assess the deductible amount against all of the Units equally in the event that
the deductible am unt is calculated by the insurance company based upon the percentage of the
value or cost(repl cement or otherwise)of one or more than one Unit or Building.
10.3 Lo s Pavee• Insurance Trustee. Afl insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be payable to, the
Association (or a qualified insurance tnastee selected by it) as trustee for the benefit of the
MPLS-Word 95281.11 25
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Owners and secured parties which suffer loss. The Association, or any insurance trustee selected -
by it, shall have exclusive auihority to negotiate, settle; and collect upon any claims or losses �
under any insurance policy maintained by the Association. '
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. . 10.4 Reguired Policv Provisions. Alt policies of property insurance carried by the
. Association shall provide, if practicable;that:
10:4.1 Each Owner and secured party is an insured Person under the policy with
respect to liability arising out of the Owner's interest in the Common Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any
Owner or mernber of the Owner's household and against the Association and members of I
the Board.
10.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope o#' authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portian of the Property over which the Association has no
controL
, 10.4.4 If at the time of a loss under the policy there is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary. .
10.5 Cancellation; Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
� written notice to the Association, the insureds, and to all secured parties holding first mortgages
' on Units.
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10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary insurance where there is other insurance`in the name of the Owner covering the same
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees. • ;
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "gap coverage"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal iiability, and covering insurance deductibles that may be levied hy the
Association against the Unit. lnsurance policies maintained by Owners are without contribution
as against the insurance purchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7. .
MPLS-Word 95281.i 1 �b
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SECTION 11 �
RECOi STRUCTION, CONDEMNATION,AND EMINENT DOMAIN
I 1.1 Re onstruction. The obli�ations and procedures for the repair, reconstruction, or �
disposition cf the roperty follawing damage or destruction therecf shall be governed by the Ac:.
Any repair or rec nstruction shall be commenced as soon as practicable after the casualty and
shall be substanti lly in accordance with the plans, specifications, and design of the Property as
initially construct d and subsequentiy improved. Notice of substantial damage or destruction I
shall be given as ovided in Section 15.10. �
11.2 Co demnation and Eminent Domain. In the event of a taking of any part of the
Property by cond mnation or eminent domain, the provisions of the Act shall govern; provided,
{i) that notice sha I be given as pravided in Section I5.10, (ii) that the flssociation shall be the
attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlements, or
agreements, and 'ii) that any awards or proceeds shall be payable to the Association for the
benefit of the O ers and th�mortgagees of their Units. Eligible Mortgagees shall be entitled to �
priority for conde atian awards in accordance with the priorities established by the Act and the �
Goveming Docu ents, as their interests may appear.
, 11.3 Te ination and Li uidation. The termination of the Condominium, and the
distribution of an proceeds therefrom, shall be governed by the Act, Any distribution of funds
shall be based up n the value of the Units as determined by their retative value for properiy '
insurance purpose , and shall be made to Owners and their mortgage holders, as their interests
• may appear,as pr vided in the Act.
11.4 No ice. The Association shall give written notice of any condemnation
proceedings or s bstantial destruction of the Property to the .Etigibie Mortgagees entitled to ,
notice under Secti n I 5.10. ' �
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I 1.5 As ociation's Authorit , ln a11 cases involving reconstruction, condemnation, '
eminent domain, ermination or liquidation of the Condominium, the Association shall have
authority to act o behalf of the Owners in all proceedings, negotiations, and settlement of
claims. A11 proce ds shall be payable to the Association to hold and distribute for the benefit of
the Owners and th ir mortgage holders,as their inFerests may appear,in accordance with the Act_ ,
SECTION 12
I
EASEMENTS
The follow ng appurtenant easements and rights are he;eby granted,conveye�, dedicated,
and reserved on, ver,under,and across the Property, as appiicable. I
12.1 Uti ities Services and� eratin S stems. The Common Elements and the Units
shall be subject to nd benefited by nonexclusive easements in favor of the City,the Association
and all utility com anies and other service providers for the installation,use, maintenance, repair
and replacement f all utilities, services and common operating systems, such as natural gas,
electricity, cable V, security, telephone and other electronic communications, water, sewer,
MPLS-Word 95281.11 77
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septic systems, wells, and similar services, fire control systems and other common operating •
systems, and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association under authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Piat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners
and 4ccupanis thereof, shall also be subject to and benef ted by a non-exclusive easement in
favor of the other �3nits, the Common Elements, and the Association for all such utilities, �""
services, fire controI systems, and other common operating systems. Utilities and related
services or systems shall be installed, us�d, maintained, and repaired so as not to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affeci the structural
. or architectural integrity of a Bv'ilding, the Units,or the Common Element improvements. �
� �\
!2.2 Encroachments. Each Unit and the Common Elements, and the rights of the \
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting, .
settlement, or movement of any part of ihe Property, for improvements which are added in �
compliance with Section 7.13,. and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shall exist for the encroachment,for the use,enjoyment,and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Impr�vements or alterations added pursuant to Section 7.]3 shall be limited to minor
� encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as required by this Declaration. Such easernents shall
continue for as long as the encroachment exists and shail not affect the marketability of title.
12.3 Structural Support Easements. Each Unit and the Common Elements shall he
subject to and be the beneficiary of nanexclusive easements for structural support in all walls,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access
to and from public roadways and wallcways on and across those portions of #he Common �
Elerr►ents designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or otherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and Regulations. The right of access of the Owners and
Occupants, and their invitees, to and from the roadway to the west of the Properry, commonly
! known as Cascade Lane, is set forth in that cercain Deciaration of Easements (Roadway Access)
recorded in the office of the County Recorder in and for Hennepin County, Minnesota, as
Document No_ D 75 That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
12.5 Insoection, Maintenance. Repair. Revlacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Comm�n Elements, the Units, and other irnprovements located within the
MPLS-Word 952R 1.11 28
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Units, and the util' ies secving the Units, to the extent necessary for the Association to fulfill its -
ohligations under the Governing Documen#s or for Declarant to investigate or undertake its
warranty obligatio s. Each Owner shall afford to the Association and its management agents
. and employees, a cess at reasonable times and upon reasonable notice, to and through the
Owner's Unit anc� its Limited Comrnon Elements for inspection, maintenance, repair, and
� replacement; provqded, that access to the Unit and its Limited Common Elements may be had
� wi#hout notice and�at any time in case of emergency. '
12.6 Pubp�_ 'cr Safet rLand Health Access. There are nonexclusive easements in favor of
' the City and othe' applicable governmenial authorities or agencies as shall from time to time
have jurisdictian �ver the Property, on and across drives, walkways, parking areas, and other
open space areas f the Property for reasonable access to perform.such duties related to law
enforcement, fire rotection, life safety, health, and sanitation as are reasonably required from
time to time. Su h easements shall include access through and into the affected Units and �
Limited Common lements in the�ase of an emergency. �
12.7 Em r enc Access. In case of emergency or perceived threat to public health or
safety, all Units d Limited Common Elements are subject #o an easement in favor of the
Association for ac ess, without natice and at any time, by an officer or member of the Board, by
the Association's anagement agents, or by any public safety personnel. The Board may require
that an Owner or ccupant leave keys to the Unit with another Owner of the Owner's choice, or
with the Associati n, and.to advise the Association's management agent or the Board of the
locations of the k ys, so as to allow access for emergencies when the Owner or Occupant is
absent from the Pr perty for extended periods.
12.8 Rec rded Easements. The Property shall be subject to such other easements as '
may be recorded a ainst it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening the Pro erty shall be construed in a manner consistent with, and not in conflict with,
the easements cre ed by this Declaration. Such recorded easements include,but are nat limited
to, that certairr De laration of Easements, Restrictions and Covenants for Stonebay recorded in .
the office of the C unty Recorder in and for Hennepin County, Minnesota, on July 29, 2004, as
Document No. 84 6752. Pursuant to that Declaration of Easements, Restrieiions and Covenants,
the t�ssociation h�the obligatian to maintain those unpaved portions of Kelley Parkway lying
within the Commo Elements.
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12.9 Dra na e Easements. The Common Elements shall be subject to nonexclusive
easements for sto water drainage in favor of the Owners and Occupants for reasonable starm
water drainage, an other normal site drainage, over those parts of the Common Elements which
may be designed, i proved,or graded for such purposes. '
� 12.10 Use and En'o ent Easements. There are nonexclusive easements in favor of the
Owners and Occu ants of the Units for use and enjoyment on and across the Comman Elements,
and for exclusive se and enjoyment of any Limited Common Elements allocated to the Unit,
subject to any rest ictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulations. .
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12.11 Declarant Ri�hts and �asements. The Units and the Common Elements are -
subject to exclusive easements and rights in favor of I3eclarant for the exercise of its declarant
rights as described in the Governing Documents, and for the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafrer to review the condition of the i
Property and Building systems and to deterrnine whether Unit and Building maintenance .
requirements are being fallowed.
12.I2 Duration, Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shall run with the land unless otherwise expressly indicated,
and shall be subject to the following qualifications:
t2.12.1 The easements shall supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
12.12.2 The easements shall be subject to reasanable regulation by the
Association and shall be subject to such reasonable limitations as�to location and routing
as may be established by the Association or any govemmental authority.
12.123 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting or
burdening .the Property, or any equipment or improvements retating to the easement,
, subject to this Dectaration and the right of the Association to i�npose reasonable Rules
and Regulations governing the use of the Property. �
12.12.5 No improvements shall be erected or maintained, no excavation, .
grading or reshaping�shali be undertaken; and no fill or oti�er material shall be placed, in
an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or impede the intended flow of water
through any drainage„easement area.
12.12.b Persons exercising easement rights shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
' to the Property which they or their caused; (iii) promptly reimburse the Association for
i ail cosu incuned by it for repairing damage ta an easement area caused by the Person or
the Person's invitees; and (iv) hold harmless, indemnify, and defend the Association,
other Owners, and the offcers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easement
rights.
12.12.7 Declarant's easement rights described in this Declaration shal]
terminate when Declarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaration
sha11 constitute a dedication of the easement area or the use thereof to the public, it being
the intent of th'is Declaration that the Common Elements be and remain priyate property
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sub}ect to peration and regalation by the Association, and ihat the Units be and remain "
private pr perty subject to operation and regu2ation by the respective Owners thereo#'
and/or the ssociation,as applicable, all in compliance with the Governing Documents.
i 12.13 Re triction on Third Part Easement Grants. Except for Declarant in the exercise
� of its rights under this Declaration, and except for the Board in the exer�.ise of authority granted �
by the Governin Docurnents, no Person shall create, grant, 4r convey any easement or
comparable right upon any portion of the Property without the priar written approvat of the
Board;provided, hat the Board shal] authQrize an Owner to grant an easement over the Owner's
Unit if(i) the eas ment will not adversely affect the Common Elernents ar another Unit and (ii)
the easement is c nsis#ent with the overall design and plan for the Property as established by
Declarant and ap roved by the City.
12.14 Ca tinuation and Scope of Easements. Notwithstanding anything in this �
, Declaration to th contrary, no Owner or Occupant sha11 be denied reasonable access ta his or
her Unit or the ri ht to utility services thereto. The easements set forth in this Section 12�sha1! i
supplement and n t limit any easements described elsewhere in tttis Declaration or recorded,and
shall include rea onable access to the easement areas through the Units and the Common
Elements for pu oses of maintenance, repair, replacernent, and reconstruction. All easement
rights shall inclu e a right of reasonable access to maintain, repair, and replace the utility lines
and related equip ent.
S�CTION 13
COMPLIANCE AND REMEDIES
Each Ow er and Occupant, and any other Person owning or acquiring any interest in the
. Propecty, shali e governed by and comply �vith the provisions of the Act, the Goveming
Documents,and he Rules and Regulations, and such amendments thereto as may be made from
time to time, a d the decisions of the Association_ A failure to comply shall entitle the �
Association to th relief set forth in this Section, in addition to the rights and remedies authorized
elsewhere by the overning Documents and the Act.
13.1 E titlement to Relief. The Association may commence legal action to recover
sums due, for amages, for injunctive relief or to foreclose a lien owned by �it, or any
combination ther of, or an action for any other retief authorized by the Governing Documents or
available at law r in equity, Legal retief may be sought by the Association against any Owner, '
or by an Owne against the Association or another Owner, to enforce compliance with the �
Governing Docu ents, the Rules and Regulations, the Act, or the decisions of the Association.
However,no O er may withhold any Assessments payabte to the Association, or take(or omit)
other action in vi lation of the Governing Documents,the Rutes and Regulations,or the Act,as a
measure to enfor e such Owner's position,or for any other reason.
13.2 R medies. In addition to any other remedies or sanctions, expressed or implied,
administrative o legal, the Association shall have the right, hut not the obligation, to implement
any one or rnore of the following actions against Owners and Occupants and/or their guests,who
violate the provi ions of the Governing Docuinents,the Rutes and Regulations, or the Act: '
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i3.2.1 Commence legal action for damages or equitable relief in any court of •
� campetent jurisdiction.
13Z.2 lmpose late charges, interest, or both, for each past due Assessment or
instailment thereof, such interest to accrue beginning on the first day of the month
following the�nonth for which the Assessment or 2nsta]Iment was due.
i 3.2.3 In the event of default of more than thirty days i❑ the payment of any
Assessment or instailment thereof, all remaining insfallments of Assessments assessed
against the Unit owned by the defauiting Owner may be�accelerated and shall then be
payabte in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of coltection, and iate charges, are not paid in ful] prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defau�ting Owner.
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided, that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing u[ilities
service and access to the Unit. Such svspensions shall be limited to periods of default by
such Owners and Occupants in their obligations under the Governing Documents, and for
up to thirty days thereafter, for each violation. , �
13.2.6 Restore any portions of any Common Elements,Unit,or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any Owner or �
Occupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsibie Owners and their Units. The Association shall
have an easement to carry oui its authority under this Section 13.2.6.
13.2.7 Enter any Corrunon Element, Unit, or Limited Common Elements in
which, or as to which, a violation or breach of the Governing Documents exists which �
material3y affects,or is 3ikely to materially affect in the near future,the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or �
other part of the Property or ihe property of the Owners or Occupants, and ta summarily
abate and remove, at the expense of the offending Owner or Occupant, any structure,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causin� the violation; provided, that any improvements which are a part of a Unit may
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall have an easement ta carry out its authority under this Section
13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Governing
Docaments or under law, in the manner provided by [he Act.
13.3 Riahts to Hearing. In the case of imposition of any of the remedies authorized by
Section 7.]0.7, 13.2.4, 23.2.5, 13.2.6, or 13.2.7, the Board shall, upon written request of the
MPLS-R'ord 95231.1 I 32
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offending Owner, rant to the offending Owner a hearing as contemplated by the Act and �this -
Section 13.3. Th hearing may be held before the Board or a committee of three or more
disinterested Own rs appointed by the Board. The offending Owner shall be given notice of the
nature of the viola ion and the right to a hearing,and at least ten days within which to request a
hearing. The he ng shall be scheduled by the Board/committee and held within thirty days of
re�eipt of the hea ing reyuest by the Boartllcommittee, and wiih at_least ten days prior. written
notice to the offe ding Owner_ If the offending Owner faiis to request, or to appear at, the
hearing, then the ight to a hearing shall be waived and the Board/committee may take sach
action as it deems ppropriate. Hearings shall be conducted in a fair and equitabie manner. The �
decision of the B ard/committee and the rules for the conduct of hearings established by the
Board/committee, shall be final and bindin� on all parties. T'he Board's/committee's decision
shall be delivered n writing to the offending Owner within ten days following.the hearing, if not �
delivered to the o ender at the hearing. Any fines to be imposed by the Association may, at the �
Board's/Committ 's discretion,be retroactive to the date of the violation or offense.
13.4 Lie for Assessments Char es Etc. Any Assessments, charges, fines, expenses, ,
penalties, or inter st imposed under this Section shall be a ]ien again5t the Unit of the Owner or
Occupant against hom the same are imposed and the personal obligation of such Owner in the
same manner and with the same priority and effect as Assessments under Section 6. The lien
shall attach as of e date of imposition of the remedy, but shall not be final as to violations for
which a hearing is held until the Board makes a written decision at or following the hearing. All
' remedies shall be umulative, and the exercise af, or failure to exercise, any remedy shall not be
deemed a waiver f the Association's right to pursue any other remedy. . !
13.5 Co ts of Proceedin and Attorne s' Fees_ With respect to any collection
measures, or any easures or actian, ]egal, administrative, or otherwise, which the Association
takes to enforce the pmvisions of the Act, the Governing Documents, or the Rules and
Regulations, whe er or not finally determined by a court or arbitrator; the Association may �
assess the Unit o ned by the violator with any expenses incurred in eonnection with such
enforcement, inc uding without limitation fines or charges previously imposed by the ,
Association, reas nable attorneys' fees, and interest (at the highest rate aliowed by taw)on the
deliriquent amoun s owed to the Association•. Such expenses shall also include�ny collectior�or
contingency fees r costs charged to the Association by a collection ageney or other Person
acting an behalf o the Association in collecting any delinqueni amounts owed to the Assaciation
by an Owner or ecupant. Such collection or contingency fees or costs shall be the personal
obligatian of the wner and shall be a lien against the Owner's Unit. !
13.6 Li ili for Acts of Owners and Occu ants. An Qwner shall be liable for the I
expense of any m intenance, repair, or replacement of the Property rendered necessary by such
� Owner's acts or o issions,and by that of Occupants or guests in the Owner's Unit,to the extent
that such expense is not covered by the pcoceeds of insurance carried by the Association or such
Owner or Occup t. However, any insurance deductible amount and/or increase in insurance
rates, resulting f om the Owner's acts or omissions may be assessed against the Owner
responsible for th condition and against his or her Unit.
MPLS-Word 95281.1 I 33
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13.7 Enforcement by Owners. The provisions of this Section shall not limit or impair -
the independent rights of other Owners to enforce the provisions of the Governing Dacuments,
the Rules and Regulations,and the Act,as pmvided therein.
13.8 Liti�atiori. Notwithstanding anything contained herein to the contrary, the
• Association may not commence any judicial or administrative action on behatf of the Owners
- (other than an action commenced to enforce the Governing Documents or the Rules and
Regulatioris, or to defend the Association), without frst obtaining the affirmative vate of the
Owners to which are allocated at least sixty-seven percent of the votes in the Association, in
peison or by proxy, at a meeting called for such purpose in accordance with ihe Bylaws, or by
written ballot.
ISECTIUN 14
AMENDMENTS �
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14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 16,this Declaration may be amended only by the approval oۥ
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association,except as otherwise provided by the Act;and
14.1_3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based upon one vate per Unit
finance)as and if required by Section 15.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in w�iting. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendrnent shal{ be effective when recorded.as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for a!I purposes, including without limitation;the recording of the amendment.
SECTION l5
RIGHTS OF ELIGIBLE MORTGAGEES
Notwithstanding anything to the contrary in the Goveming Documents, but subject to the
Act or other 1aws, Eligible Mortgagees shall have the following rights and protections:
15.1 Consent to Certain Amendments. Subject to Declarant's rights under Sectian t5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) si�all be required for any amendment to the Governing Documents which changes any
MPLS-Word 95281.I I 34
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provision governi g the following: {i) voting rights; (ii) increases in an annual Assessment of '
more than twenty five percent over the prior year's annual Assessment; (iii)Assessment liens,or
priority of Assess ent liens; (iv) reductions in reserves for maintenance, repair and replacement
of Common Ele ents; (v) responsibility for maintenance and repairs; {vi) reallocation of �
interests in the C mmon Elements or Limited Common"E}ements, or rights to their use; (vii) '
redefinition of an Unit boundaries; (viii) convertibility of llnits into Cammon Elements or vice
versa; {ix) expans on or contraction of the Property or the addition, annexation ar withdrawai of
property ta or fro the Property; (x) hazard or fide3ity insurance requirements; (xi) imposition of
material restrictio s on the leasing of Units; (xii) imposition of any restrictions on an Owner's
right to sell or tra sfer his or her Unit; (xiii) restoration or repair of the Property (after a hazard
damage or parti condemnation) in a manner other than that specified in the Gove►ning
Documents; (xiv) any action to terminate the legal status of the Condominium after substantial
destruction or co�ndemnation occurs; or (xv) any provisions that expressly benefit Eligible
Mortgagees,or in$urers or guarantors of mortgages.
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15.2 Co sent to Certain Actions. Subject to Declarant's rights under Section, the
written consent o Eligible Mortgagees representing at least sixty-seven percent of the Units that
are subject to fi t mortgages held by Eligible Mortgagees (hased upon one vote per Unit
financed} shall b required to (i) abandon or terminate the Condominium; (ii) change the
allocations of voti g rights,Common Expense obligations or interests in the Common Elements;
{iii) parcition o subdivide a Unit except as permitted by statute; (iv) abandon, partition,
subdivide, encum er, or sell any Common Elernents; or (v) use hazard insurance proceeds for
other than the rep ir, replacement or reconstruction of the Property,except as otherwise provided
by law.
153 Co sent to Subdivision. No Unit may be partitioned or'subdivided without t�e
prior written appr val of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 No Ri ht of First Refusal. The.right of an Owner to sell, transfer, or otherwise
convey his or her nit shall not be subject to any right of first refusal or similar restrictions.
15.5 Pri rit of Lien. Any Person who comes into possession of a Unit by foreclosure '
of the first mort ge on a Unit, or by deed or assignrnent i❑ lieu of foreclosure of the first
mortgage on a U it, takes the Unit free of any claims for unpaid Assessments or any other
charges or liens i posed against the Unit by the Association which have accrued against such
Unit prior to the cquisition of possession of the Unit by said Person; (i) except as provided in
� Section 6.9 and t e Act and (ii) except that any unreimbursed Assessments or charges may be
reallocated among all Units in accordance with their interests in the Common Elements. '
15.b Pri rit of Taxes and Other Char es. All ta�ces, assessrnents and charges which
may became lien prior to the first mortgage under szate law shall relate only to the individual
Units and not to t e Property as a whole.
i 15.7 Pri ri for Condemnation Awards. No provision of the Goveming Documents
shall give an Own r, or any other party,priority over any rights of the Eligible Mortgagee of the
Unit pursuant to it mortgage in the case of a distribution to such Owner of insurance proceeds or
condemnation aw rds for losses to or a taking of the Unit and/or the Common Elements. The
MPLS-Word 95281.11 35
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Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent . '
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority.
15_8 Requirements for Mana�ement Agreements. The term of any-agreement for
� . professional management of the Property shall not exceed two years. Any such agreernent shall '
pro•f:de for terminatian with�ut peralty ar termination fee by either party as ioliows: (i) with -
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii)without cause,upon a minimum of sixty days prior written notice. .
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage laan against a Unit, sha11 have the right to examine the books
and records of the Association upon reasonable notice, during norma) business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other I
financial statements. Financial statements, including those which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional gaarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association shafl cooperate in having an audit made and a .
copy given to the requesting party.
IS.IO Natice Repuirements. Upon written request to the Association, identifying the
' name and address of the holder, insurer or'guarantor of a mortga�e on a Unit, and the Unit
number or address,the holder,insurer or�uarantor shail be entitled to timely written notice of:
I5,10.1 a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
� 15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10_3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
I5.10_.4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees. .
SECT[ON lb - - .
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section SISB.1-103(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
!6.1 Complete imnrovemenu. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's development plans or
MPLS-Word 95z81 J i 3b
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allowed by this D�claration, and to make improvements in the Units and Common Elements to '
accommodate the�xercise of any special declarant rights_
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16.2 R�ts to Relocate Boundaries, Subdivide, Convert or Combine Units. To (i)
relocate the boun aries of any Unit owned by it, or (ii) create additional Units, Common
Elements, and Li ited Common Elements, or any combination thereof, by the subdivision,
partition, conversi n, or combining of any Unit or Unifs owned by it, as authorized by the Ac#.
The maximum nu ber of additionai Units that may be created within the Cendominium pursuant
to this Section l6. is 5.
I .
ib.3 Sal s Facilities. To construct, operate, and maintain one or more than one model
Unit, and other devetopment, sales, and rental facilities within the Common Elements, and
within any Units pwned or leased by Declarant from time to time, located anywhere on the .
Property.
26.4 Si s. To erect and maintain signs and other sales displays offering the Units for
sale or lease,withi any Unit owned by Declarant and on the Common Elements.
36.5 Eas ments. To have and use easements, for Declarant, Declarant's employees,
contractors, repre entatives, and agents and praspective purchasers, through and over the
Common Element for the purpose of exercising its special declarant righis. �
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16.6 Co trol of Association: To control the operation and administration of the
Association, inclu ing without limitation the power to appoint and remove the members of the
Board pursuant to ection S I SB.3-103 of the Act, untii the ear(iest of: (i) voluntary surrender of
control by Declar nt, (ii) an Association meeting which shall be held within sixty days after
conveyance to O ners other than Declarant of sevenry-five percent of the total number of Units
authorized to be i cluded in the Property, or {iii) the date three years following the date of the
.first conveyance o a Unit to an Owner other than Declarant. Notwithstanding the foregoing, the
�wners other than Declarant shall have the right to nominate and eiect not less than thirty-three �
and one-third perc nt of the directors at a meeting of the Owners which shall be held within sixty
days fallowing t conveyance by Dectarant of fifty percent of the total number of Units I
authorized to be in luded in the Property. �
16.7 Co sent to Certain Amendments. Declarant's written consent shal] be required
for any amendme t to the Governing Documents or the Rules and Regulations which directly or
indirectly affects eclarant's rights under the Governing Documents or the Act.
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' SECTION 17
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MISCELLANEOUS
17.L . Sev rabilit . lf any term, covenant, or provision of this instrument or any exhibit
attached hereto i held to be invalid or unenforceable for any reason whatsoever, such
determination shal not be deemed to alter, affect, or impair in any manner whatsoever any other
portion of this Dec aration or exhibits attached hereto. �
]7,2 Co struction. Where applicable, the mascaline gender of any word used herein
shall mean [he fe inine or neutral gender, or vice versa, and the singular of any word used
herein shall mean he plural, or vice versa: References to the Act, or any sections thereof, shall
MPLS-�Vord 95281_I I 3 7
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� be deemed to include any statutes amending or replacing the Act, and the comparable sections "
thereof.
17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to.a demand by the Association againsi Declazant for indemnification pursuant to the
Act, the Association shall promptly tender the defense of the action to its insurance carrier, and .
give Declarant (i) written notice of such tender, (ii) written natice of the specific nature of the
action,and(iii)an opportunity to defend against the action.
1?.4 Notices. Unless specifically provided otherwise in the Governing Docurrients or
the Act, all notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective .
upon receipt by the Association. �
17S Conflicts Among Documents. In the event of any conflict among the provisions �
of t�e Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shali control
unless it permits the documents ta control. As acnong this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, c�nditions, restrictions, easements, liens,
and charges contained in this Deciaration shal� be perpetual, subject only to termination as
provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day a �
year first set forth above.
O.C. D VEL
By
Its �e an er '�
STATE OF MINNESOTA )
) SS-
COUNTY OF ol�'t:51 }
� T'he foregoing instrument was acknowledged before me t�:is p���day of �v �
�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a Mmnesota
limited liabiiity company,on behalf of said]imited liability campany.
�J �
No ublic
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON &VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis,Minnesota 55402 SCOTTLKRYNSKI . .
(61Z)373-8418 I�T�wY�u$uC-�u�TA ��,•
t1Y WIAAUSSIQN EXPaRES,tA[4.�1�201D
MPLS-Word 95281 J t 3 g
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COMMON iNTEREST COMMUNITY NO.1578 ��
Condominium
ST4NEBAY O�ORONO CONDOMINIUM
� EXHdBdT A T�DECLAIZAi;t3N �
UN�ERLYING LEGAL DESCRIPTION OF THE PROPERTY
I
Lot l,B1 k 1,Stonebay Second Addition, Hennepin County,Minnesota. ,
(
MPLS-Word 9S�s�_�� 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 � 4
Condomenium
, STONEBAY OF ORONO CONDOMINIUM
- EXHIBIT B TO DECLARATI�DN
SCHEDULE OF UN1TS,AND ALLOCATIOI�J (JF CO�MMON EXPENSES AN�
UNDIVIDED INTERESTS 1N THE CUMMON ELEMENTS
Allocation of Cornmon Expenses and
. Unit Identifier Undivided Interests in the Common Elements
101 1/57
]02 U57
1 Q3 1157 ;
104 1/57
1 OS 1/57
106 ]/57
107 1/57
108 1/57
109 1/57
11 Q 1157 �
111 1/S7
112 1/57
113 I/57
� I14 1/57
I 15 1J57
116 � I/57
I l7 1/57
1 i8 1/57
201 I/57 '
202 1/57 .
203 1/57 -
�� 1/57
205 • I/57
206 1/57
2d� I/57
208 1/57
209 I/57
Zia iis�
211 ��s�
212 1/57
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Allocation of Common Expenses and "'
Unit Identifi r Undivided Interests in the Common E[ements i
213 1/57
214 1/57 �
215 1/57 -
21� II57
2l7 ' 1/57 . I
228 1/57 i.
219 1/57 ,
2�Q 1/57 i
301 1/57
� 302 1/57
303 1/57
304 V57
305 1/57
306 1/57
i
307 1l57
308 1/57
309 � E157
3l0 . !/57
31 t 1/57
312 1/57
313 U57
3 t4 1/57
315 1/57
316 ' 1/57
317 ' 1/57
318 l/57
319 1/57 �
TOTAL: 57/5�(1 QO%)
�
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COMMON INTL+'RES'1'COtV1ri1UNi7'Y NO.NO. ]578
Conc3i�miiiium �
STONEI3AY tOr ORONC)CONllO��l.1VIUM
COI�SENT SY MO.K'1'GAuEE �
The undersigned (the "Mor#gagee") is a mortgagec of portions of'th� real property
described in the aitached Declaration of Sionebay of Orono CondoE��iniuir� (the "Declaration"),
Mortgagee hereby consents to ihis Declaration; provided, that by consenting to the Decfaration,
(i) Mort�agee does.not in any manner constitute itseli'or obligate ilselfas a Decfarant as defi��ed
in the Declaration, (ii) snch consent does no� modify or amend the tei-�ns and conditions of the
Mortgagee's mortgage and related Ioan documenls, and (iii) such mort�;age sl�zll remain as a lien
on the property described lherein, prior to 1ny liens in�posed under the Declaratioii,ltntii released
or satisfied. '
I�(WITNESS WHFRE F, the Mortgagee has caused this Consent to be executed on
the�U , day of S� , 2007. .
11-lA1NS7'RE�'I' Bf1iVK
' B ,
ES'
STATE OF MINNESOTA ) �
' ) ss. -
COUNTY OF�7�' � )
��,`` The foregoing instrument was acknowledged beFore me this .t o� day of
P�.r�(o Q r, 2007, b Y ,L�+r s.,r h�.�w• �_, t h e��,:v r U i�P o f
Mainstreet Bank, a Minnesota bank co r poratjon,on bchalf of sai d e n t i t y. P i+r r,��
� ' '
--Notary Public .
TH1S INSTRUMFNT WAS DRAFTED 13)': �
Fredrick R. Krictzman, Esq. '
FELHABER, LA'RSON, FENLON & VOGT, P.A. SCOTfLKRYNSKI
220 South Sixtli, Suite 2200 NOTARYPI�IJC-�I1NNF501'A
• AiY�MMISSION IXPlf�S JAN.31,2010
Minneapolis, Minnesata SS402 �
(612)373-84(3 • �
M rts.wo.a vsia i.i� 1
42
. �
,.- ;�••
, � ` �•
COMMON INTEREST COMMUNITY NO.N0. 1578 '
� Condominiom ,
;
' STONEBAY OF ORONQ CONDOMINIUM
CONSEN�'BY NdQRTGAGEES �
The unae igned (the "Mortgagees") aze mortgagees of portions of the reat property
described in the a ached 1.7eclaration of Stonebay of 4rono Condominium (the "Declaration"}.
Mortgagees hereb consent to this Declaration; provided, that by consenting to ihe Declaration,
(i) Mortgagees do ot in any manner constitute themselves or obligate themselves as Declarants ;
as defined in the Declaration, (ii) such consent does not modify or amend the terms and �
conditions af the ortgagees' mortgage and related loan documents, and (iii) such mortgage
shall remain as a ien on the property described therein, prior to any liens imposed under the
Declaratic�n,until eleased or satisf ed.
IN WITN SS WHEREOF, the Mortgagee has caused this Consent to be executed on .
the / 7 f� day f I��-c,�-c.c.5 �" ,2007.
, �� .�
� Dave 1
".�'!
� Ra dy Koch
STATE OF MI ESOTA ) .
) ss.
COUNTY OF O � ��- }
The foregoing nstrument was acicnowledged before me this /��� day of
Hu 4 �' 2007,by Dave Koch and Randy Koch.
•^'•o� ROBEA7KSUS3 �
o ` NdmY PLbic � �_/ `� �� 2 0 ��. -�" IL �k,T r
� �10� Notary Public ,1., G o�
W Car�m.E�Ira+dan 3�,2uto y ,»,�r� �^
.���;��- /l3i IaQ� U
THIS INSTRUM T WAS DRAFTED BY:
Fredrick R. Krietzi an,Esq.
FELHA.BER, LA SON, FENLON & VUGT, P.A.
220 South S'sxth, S ite 2200
Minneapolis,Mi esota 55402
(612)373-841$ ,
MPLS-Word 95281.11 43
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