HomeMy WebLinkAboutCondominium Declaration : _.+ ,
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COMMON 1NTEREST COMMUNITY NO. 1578
Condominium
STONEBAY OF ORONO CONDQMINIUM
, DECLARATION
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' is Declaration is made in the county of '� , state of Minnesota, on this
� ay of__�t�S. , 2007, by O.C. Development LC, a Minnesota limited Iia ility
compa y (the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 5 S$,
icnown as the Minnesota Common Interest Ownership Act (the "Act"), for the pucpas of
creatin Stonebay af Orono Condominium as a condominium under the Act.
� HEREAS,Declarant is the owner of certain real property located in Heruiepin Co nty,
Minnes ta, legally described in Exhibit A attached hereto, and Declarant desires to submit �aid
real pr perty and all icnprovements thereon (collectively the "Property") to the Act a
condo inium,and
HEREAS, Declarant desires to establish� on the Property a plan for a perma ent
residen 'al community to be owned, occupied, and operated for the use, heafth, safety, and
welfare of the Owners and Occupants, and for ihe purpose of preserving the value, the struc rai
. quality, and the original architectural character of the Property,and
HEREAS, the Property (i) is not subject to a master association as defined in the ct;
(ii) is ot sub}ect to an ordinance referred to in Sectian SISB.]-Ifl6 of the Act, gave ing
convers ons to common interest ownership; and{iii}does not include any shoreland as define in
Minnes ta Statutes Section 103F.205.
HEREFORE, Declarant subjects the Property to this Declaration under the n me
"Stoneb y of Orono Condominium," consisting of the Units referred to in Section 2, decla 'ng
that thi Declaration shall constitute covenants to run with the Property, and that the Prop rty
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shall be owned, used, occupied, and conveyed subject to the covenants, resuictions, easements, •
charges, and liens set farth herein, ail of which shalt be binding upon all Persons owning or
acquiring any right, title, or interest therein, and their heirs, personal representatives, successors,
and assigns.
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� SECTION l �
� DEFINITdONS
The following words when used in the Goveming Documents shali have the foilowing meanings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter S�15B, known as the Minnesota
Common Interest Qwnership Act,as amended.
1.2 "Assessments" means and refers to all assessments leveed by the Association
pursuant to Section 6 and pursuant to the Act,including,but not limited to,annual
assessments,special assessments;and Iilnited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
- Chapter 317A and Section S15B.3-101 of the Act, whose members consist of all
Owners.
� 1.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
1.5 "BuildinQ" means each structure which is or becomes a part of the Property and
which contains at least one Unit_
1.6 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from tirne to time.
� 1.7 "Citv„means the city of Orono, Minnesota.
1.8 "Common Elements" means all parts of the Properiy except the Units, including
all improvements thereon.
1.9 "Common Exnenses" means al] expenditares made or liabilities incurred by ar on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Docnments.
1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominium. �
1.(1 "Declarant Control Period" means.the time period during which Declarant has the
exclusive right to appoint the members of the Board,as described in Section f 6.
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4.12 "Eli�ible Mort�aQee" means any Person which owns a first mortgage on a Unit ' '
and which has requested in writing that the Association notify it regardin any
proposed action which requires approval by a specified percentage of El gible
� Mortgagees.
� I.?3 "G�vernin� Documents" means this�Declaration, the Bylaws, and the Artic es of
� Incorporation of the Association, as those documents may be amended from time
to time,all of which shall govern the use and operation of the Property.
1.14 "Limited Common Elements"means a portion of the Common Elements allo ated
I by this Declaration or by operation of Section S 15B.2-102(d) or(fl of the A t for
the exclusive use of one or more but fewer than all of the Units.
.1 S "Member"means a Person who is a member of the Association by virtue of eing �
an Owner as defined in this Declaration. The words"Owner"and"Member"may
be used interchangeably in ttte Governing Documents.
.16 "Occupant" means a Person,other than an Owner, in possession of,or residi g in,
a Unit. .
.17 "Owner" means a Person who owns a Unit, but excluding a contract for eed
vendors, a martgagee,a halder of a remaincler interest or a reversionary inter st in
Ia life estate, and any other secured parties within the meaning of the Act. The
. term "Owner" incEudes, without limitation, a contract for �deed vendee, a d a
holder of a life estate.
.18 "Person" means a natural individual, a corporation, a limited liability compa y, a
partnership, a trustee, or other legal entity capabie of holding title to real prop rty.
.14 "Plat" means one or more than one recorded plat depicting the Property pur uant
to the requirements af Section 515B.2-110(c) of the Act, and satisfyin the
requirements of Miru�esota Statutes Chapter 505, 548, or 508A, as applic ble,
includin� any amended or supplemental Plat recorded from time to ti in
accordance with the Act.
.20 "Propertv" means all of the real property subjected to this Declaration, now r in
the future, including al] structures and improvements located thereon. The
Property is legally described in Exhi.bit A attached hereto.
.21 "Rules and Re�u3ations" means the Rules and Regulations of the Associatio as
approved from time to iirne pursuant to Section 5.6. �
22 "Unit" means a gart of the Property within a Building other than the Co on
Elements, including one or more than one room or enclosed space designed and
intended for separate ownership and use, alt as described in Section 2 and sh wn
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 Declaration,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 16. A1S Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcet 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 flf
Units pursuant to Section SISB.2-112 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 attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of i#s perimeter walls, floors, and ceilings. Wailpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the CJnit boundaries
sha!( 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 .
located in or passing through a Unit, shall be Common Elements. The boundaries of each Unit
shall also extend along tfie inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shal! 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.
23 Apnurtenant Easements. T'he Units and the Common Eiements shall be subject to
and benefited by the easements described in Section 12. i
SECTION 3 i
COMMON ELEMENTS, LIMITED COMMO�'V ELEMENTS,
AND OTHER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.i.1 Ali of the Property not included within the Units constitutes Common
Eiemenis. 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 Z The Common Elernents 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 righcs of Owners and Occupants in Limited Common
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�Elements appurtenant to their respective Units; and (iii) the right af the Associati n to .
stablish reasonabte Rules and Regulations governing the use of the Property; �
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3.t.3 Except as otherwise expressly provided in the Governing Documen , (i)
o improvement, modification, construction, or change of the Common Elements hali
. ake place by an Owner or Occupant without prior written authorization by the Boar and
ii)a!l maintenance,repair, replacement, imgrovement,management, and operatjon f the
ommon Elements shalt he the responsibility of the Association; and
3.t.4 Common Expenses for the maintenance, repair, replace ent,
anagement, and operation of the Common Elements shall be assessed and co14 cted
rom ihe Owners in accordance with Section b_
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.2 Limited Common Elements. The Limited Common Elements are those pa s of ;
the Co mon Elements reserved for the exclusive use of the Owners and Occvpants of the nits
to whic they are a]located, as described in this Declaration and the Act. The rights to th use
and en oyment of the Limited Common Elements are automatically c�nveyed with the ,
convey nce of such Units. The Limited Common Elements are described and allocated t the
Units a follows:
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3.2.1 Those items or areas designated as Limited Common Elements on the Plai
r by the Act are allocated as indicated therein.
3_2.2 lmprovements, if any, such as decks, patios, porches, balconies, shu ers,
wnings, perimeter windows and daors, window screens, window boxes, sleeves and
fittings surrounding window air conditioning units, chimneys, driveways, w lks,
oorsteps ar�d stoops, constructed as part of the original construction to serve a s ngle
Unit or Units, and replacements and modifications thereof authorized pursuant to Se tion
� 7.10, located whotly or partially outside the Unit boundaries, are allocated exclusive y to
the Unit or Unsts which they serve.
3.23 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other u iliry
installations, bearing walls, bearing columns, or any other components or fixtures f �ng '
artially within and partially outside the boundaries of a Unit, and serving only that nit,
. re allacated to the Unit which they serve. Any portion of such installations servi g or
ffecting the function of more than one Unit or any portion of the Common Element is a
art of the Common Elements,but is not a Limited Common Eiement. ,
3.2.4 Heating, ventilating, or air conditioning equipment serving one or ore
han one Unit, and located wholly or partially outside the 5oundaries of one or more han
ne Unit, are Limited Common Elements allocated to each Unit served by uch
' quipment.
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SECTION 4 °
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in ih� Association, a.portion of the Common ExpenseS, and a portion of the undivided interests
in tne Common Eiements,snall be gaverned by the following prayisions:
4.1 Membership. Each Owmer shall be a Member solely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Qwner's ownership terminates. When more
than one Person is an Owner of a Unit,a1! such Persons shall be members of the Assaciation,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 Expenses, and Undivided lnterests. ;
Common Expense obligations and undivided interests in the Co�hmon Elements are allocated ;
equally among the Units, subject to the Association's right to levy limited Assessments under i
Sections 6.4_ Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 4.3 Apaurtenant Ri�hts 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 the title to the 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 title to the Unit shall be void. The allocation of the rights and obiigations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner, or some natural Person designated to act as proxy ;
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
limited to, the acts required af the Association, shall be governed by the following provisians:
S.l General. The operation and administration of the Association and the Property
shall he govemed by the Goveming Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Governing Documents and
the Act, be responsible for the operation, rnanagement, and control of the Property. The
Association shall have al] powers described in the Governing Documents, the Act and the statute
under which the Associatian is incorporated. All power and authority of the Association shall be
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vested in the Soard, unless action or approval by the individual Owners is specifically requi d -
by the G veming Documents or the Act. All references to the Association shall mean t e
Associati n acting througli the Board,unless specificatly stated to the contrary.
5. Operational Purposes_ The Association shall operate and manage the Property or
the purp ses of{i) adtninisterin� and enforcing the covenants, restrictions, easements, charg s,
and liens'set forth in the Governing Documents and the Rules and Regulations, (ii) maintaini g,
repairing and replacing those portions of the Property and ather property for w�ich it is
responsi ]e, antl (iii) preservina the value, and the architectural uniformity and character, of he
Property.; �
5�3 Bindin� Effect of Actions. Ail agreements and determinations made by he
Associat on in accordance with the powers and voting rights established by the Govern ng
Docume ts or the Act shall be binding upon all Owners and Occupants, and theis lessees, gue ts,
heirs, pe onal representatives, successars, and assigns, and all secured parties as defined in e
Act.
5 4 Bvlaws. The Association shall have Bylaws. The Bylaws shall govern he
operatio and administration of the Association, and shall be binding on all Owners nd
Occupa s.
5.5 Mana�ement. The Board may delegate to a manager or managing agent the
manage ent duties irr�posed upon the Association's offcers and directors by the Gove 'ng
Docume ts and the Act. However,such delegation shal! not relieve�the officers and director of
the ulti ate responsibility for the performance of their duties as prescribed by the Gove ing
Docume ts and by law.
.6 Rules and Regulations. The Board shall have exclusive authority to approve nd
implem�nt such reasonable Rules and Regulations as it deems necessary from time to time for
the purplose of operating and administering the affairs of the Association and regulating the use
of the Aroperty; provided, that the Rules and Regulations shall not be inconsistent with the
Governi g Documents or the Act. The inclusion in other paRs of the Governing Documen of
authorit to approve Rules and Regulations shall be deemed to be in fuRherance, and no in
]imitati n,of the authority granted by this Section. New or amended Rules and Regulations s all
he effec ive only after reasonable notice thereof has been given ta the Owners.
.7 Association Assets; Surplus Funds. All funds and real or personal prop rty
acquire by the Association shall be held and used for the benefit of the Owners for the purp ses
' stated i the Governing Documents. Surplus funds remaining after payment of or provisio for
Comm Expenses and reserves shall be credited against future Assessments or adde to
reserve ,as determined Cy the Board. i
� .8 Resale Disclosure Certi#icates. Pursuant to Section S 15B.4-107 of the Act, i the
event o a resale of a Unit by an Owner other than Declarant, that Owner shall furnish t the
purcha r a resale disclosure certificate containing the information required by Section 515 .4-
107(b) f the Act, Pursuant to Section S I SB.4-107(d) of the Act, the Association shall, w thin
ten da (or within such other relevant timeframe set forth in the Act) after a request b an
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Owner or the Owner's authorized repcesentative, furnish the resale disclosure certificate. The .
Association may charge a reasonable fee for furnishing the resale disciosure certificate and any
documents related thereto.
SECTION 6
- 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 b and
the Bylaws. Assessments shatl include annual Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shali be aliocated among the Units in accordance with the allocation
forrnula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated 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 year which are to be shared equally
. by all Units in accordance with the aliocation 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 Assessment is levied, Declarant shal! pay a31 Common
Expenses.
63 Special Assessments. In addition to annual Assessments, and subject to the •
limitatiflns 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 ihe putpose of defraying in whole or in part (i) the cost of
any unforeseen and unbudgeted Common 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 progerty related thereto.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments,the Board has the authoriry to(and, in certain instances set forth in ihis Section b.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following requirements and procedures:
� 6.4.i Any Common Expense associated �viih 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.
6.4.2 Any Common Expense benefiting fewer than al1 of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited. �
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5.4.3 In addition to annual Assessments and special Assessments, the Boa d has -
the authority to {and, in certain instances set forth in this Section 6.4, shall) lev and
' allocate iimited Assessments among only certain Units in accordance with the foll wing
requirements and procedures.
. 6.4.4 The Gasts of insurance may be assessed in proportion of the square f otage
or actuat cost�er Unit.
ib.4.5 Reasonable attomeys' fees and other costs incurred by the t�ssaciat on in
� connection with (i) the collection of Assessments and (ii) the enforcernent f the
Governing Documents, the Act, or the Rules and Regulations, against an 4 er or
Occupant or their tenants or guests, may be assessed against the Owner's Unit,
6.4.6 Late charges, fines, and interest may be assessed as provid d in
Section 14. '
� 6.4.7 Assessments levied under Section 51583-I1b(a) of the Act to ay a
judgment against the Association may be levied only against the Units existing t the
i time the}udgment was entered, in proportion to theic Common Expense liabilities.
6.4.8 If any datnage to the Common Elements or another Unit is caused y the
act or omission of any Owner or Occupant, or their guests•or invitees, the Asso iation
� may assess the costs of repairing the damage, or any increase in insurance rates d rectly
attributable to the Act or omission, exclusively against the Owr�er's Unit to the exte t that
- the damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose auth rized
by the Act, Assessments and any installment thereof not yet due shall be recalcul ted in
accordance with the reallocated Common Expense liabilities
Asses ments levied under Sections 6.4.1 Ehrough 6.4.8 may, at the Board's discreti n, be
asses ed as a part of,or in addition to, other Assessments levied under Section 6.] or 6.2: �
' 6.5 Working Capital,Fund. There shall be estabiished a working capital fund t meet � �
unfor seen expenditures or to purchase additionat equipment or services for the Asso iation. �
The oard may include in each subsequent annual budget a reasonable amount of w rking
capit !, hased upon the anticipated needs of the Association for the year in qnestion. The shall
be co tributed by the purchaser of a Unit, on a one-time basis upon the initial sale of ea Unit
by D clarant, an amount equal to four monthly installments of the estimated annual Asse sment
for th Unit in the year of the sale. The contribution shali be paid at the earlier of(i)the 'me of
closi g of sale of the Unit or (ii)the time of tern�ination of the Declarant Control Perio . The
contri utions to this fund are in addition to che regular installments of annual Assessmen s, and
shall not be a credit to the regular installments of annual Assessments levied agai st the
respe tive Unit. T'he funds shall be deposited into a segregated Association account no lat r than
the t rmination of the Declarant Control Period. Funds deposited in said account shall not be
used o defray any of Declarant's expenses, reserve contributions or construction costs, nor to
make up any budget deficits during the Declarant Control Period. However, upon the clo ing of
the i itial sale of a llnit, Declarant may reimburse itself from funds collected from the pu chaser
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at the closing for any prior contributions made by Declarant to the working capita! fund with •
respect to that Unit.
6.6 Liabilitv of Owners for Assessments. Subject ko 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 tit�e to the Unit or(ii) the due date of the first Assessment levied against the Unit by the
Board. The Owner at the time an Assessment is payahle with respect to the Unit shail be
personally liahle for the share of the Common Expenses assessed against such Unit. Such
liability shali he joint and severa! where there are multiple Owners of the Uni[. The liability is
absolute and unconditional. No Owner is exempt from liabitiry for payment of Assessments by �
right of set-off, by waiver of use or enjoyment of any part of the Property, by 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 Association's officers, directors, or agents, or for their failure
to fulfill any duties under the Governing Documents or the Act. �
6.7 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.
b.7.1 Notwithstanding anything to the contrary in the Governin� Documents, if �
an Assessrnent has been:levied, Declarant may elect 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 type until a final certificate 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 S15B.3-1 E5 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 budget.
6J.3 Declarant's reduced assessment obligation shall apply to each Unit owned
by Dectarant 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.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Control Period.
6.8 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
installments, 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 S15B.3-102(a){10), (1 l), and (12} of the Act are liens, and are
enforceable as Assessrnents, under this Section 6. Recording of this Declaration constitutes
. record notice and perfection of any lien under 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 wner .
from p rsonai liability unless agreed to in writing by the Association. �
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�6.9 Foreclosure of Lten; Remed es. A hen for Assessments may be forec osed
agains a Unit under the taws of the state of Minnesota(i)by action,or(ii) by advertiseme t in a
like m nner as a mortgage containing a power of sale. The Association, or its auth rized
:epres . tative, shall have the pewer to �id in at the foreclosur.e sale and to acquire, hold, ease,
mortg e, and convey any Unit s� acquired. The Own�r and any other Person claimi g an
interes in the Uni[, by the acceptance or assertion of any inte:est in the Unit, grants t the
Associ tion a power of saIe and full authoriry to accomplish the foreciosure. The Association
shall, i addition to its other remedies, have the right to pursue any other remedy at law or in
equity gainst the Owner who fails to pay any Assessment.or charge against the Unit.
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other lien and
encum rances on a Unit except(i) liens and encumbrances recorded before this Declaratio , (ii)
any fi t mortgage on the Unit, and (iii) liens for rea] estate taaces and other gove ental '
Assess ents or charges against the Unit. Notwithstanding ihe foregoing, if(i) a first mo gage
on a U it is foreclosed, {ii) the first mortgage was recorded on or after the date of recordi g of
, this De laration, and {iii) the Owner of the Unit does not redeem from the foreclosure durin the
� Owner s period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
! the hol er of the sherifPs certificate of sale from the foreclosure of the first mortgage shakl take �
title to the Unit subject fo a lien in favor of the Assaciation for unpaid Assessmen s or
instali ents thereof levied pursuant to Sections S15B.3-115(a), (e)(1) to (3), (fl, and (i) f the
Act w ich became due, without acceleration, during the six months immediately precedin the
first da following the end of the Owner's period of redemption.
6.11 Real Estate Taxes and Assessments, Real estate taxes, special assessments and
other arges and fees which would normally be levied against the Cornmon Eiemen by
govem entat authorities, shall be allocated equally among and levied against the Units and
shall b a lien against each Unit in the same manner as a lien for real estate taxes and real state
special assessments levied against the Unit alone.
.(2 Voluntarv Convevances; Statement of Assessments. In a voluntary conve nce �
of a U it the buyer shall not be personally liable for any unpaid Assessments and other ch rges �
made b ihe Association against the seller or the seller's Unit prior to the time of conveyan e to
� the bu r, unless expressly assumed by the buyer. However, the lien of such Assessments hall
remain against the Unit until released. Any seller or buyer shall be entitled to a stateme t, in
recorda le form, from the Association setting forth the amount of the unpaid Assess ents
against the Unit, including all Assessments payable in the Association's current fiscal ear,
which tatement shall be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON tJSE OF PROPERTY
11 Owners and Occupants, and ail secured parties, by their acceptance or assertion f an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in additi n 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 shatl be owned, conveyed, encumbered, leased, used, and
occu�ied subject te the Coverning Documents and the Act, as amended fram time to time. All �
covenants, restrictions, and obiigations set forth in the Goveming Documents are in funnerance
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 Prcperty,
their heirs,personal representatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Section 16.2, 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 gart of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of al] Owners and all
secured parties holding first mortgages on the Units.
73 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, hotet,
commercial,business, or other non-residential purposes, 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 manths or any occupancy
which includes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes. . . .
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4:i An Owner or Occupant residing in a Unit may maintain a home
occupation 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 governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activiry such as signs, advertising
displays, unusua3 numbers oF deliveries, or unusual levels of pedestrian or vehicular
traffic to and from the Unit; (v) does not involve employees, independent contractors, or
consultants (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 offtces,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.43 The Association may maintain offices on the Proper[y for management
and related purposes. �
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.5 LeasinQ. Leasing of Units shall be allowed (subject to reasonable regulatio by
the Ass iation) but only in accordance with the following conditions: (i) no Unit ma be
� subleas d, (ii) a Unit must be Ieased in its entirety (not by room), (iii) the lease shall e in
writing, (iv)unless otherwise required in connection with the financing,guarantee,or insuri g of
a Unit ortgage, and except for leasing of Units oumed by Declarant, no lease shall be or a
" period I ss than tweive months, except fo;extenuating situat;or,s,�{v) the teas� shal: pravide that
it is su �ect to the Governing Documents, the Rules and Regulations, and the Act, and tha any
failure f the lessee to comply with the terms of such documents shall be a default unde the
lease, a d (vi) priar to occupancy of the Unit by ihe lessee{s), the Association shall recei e a
copy of the fulty-signed lease along with a written list of the name and telephone number of ach
Person ho will occupy the Unit under the lease,and the absentee address of the leasing 0 ner.
The �1s ociation may impose such reasonable Rules and Regulations as may be necessa to '
imp(em nt grocedures for the leasing of Units, consistent with this Section and applicable law,
includi g but not limited to{i}a requirernent for a form addendum to be attached to each lea e to
assure t at the rights and authority of the Association and Owners and Occupants are recogn zed, '
and (ii) a requirement for the screening of lessees through a reputable, professional scre ing
organiz tion;provided,that such screening shall not violate federal, state, or local discrimin tion
laws.
.6. DeleQation of Use. An Owner's right of use and enjoyment of the Unit sh il be
automa ically delegated to other persons living in the Unit pursuant fo a legal right of posses ion;
provide , that such persons shall be subject to the Governing Documents and the Rules and
Regula 'ons. Unless otherwise authorized in writing by the Board, if persons other tha the
Owner or the Owner's family (e.g., ]essees) have been given the ]egal right to posses the
Owner' Unit, then those persons shall have the right to use any recreational facilities, par ing,
storage and other amenities available by reason of.occupancy of the Unit in lieu of the O er
and the Owner's family.
' .7 Parkin . There are ninety-five Common Element vehicle garage tatls
(collect vely the "Stalls," and individualty a "Stall") in the lower 3eve1 of the Building. The
Stalls a d other parking spaces on the Property shall be used only for parking of vehicles o ned
or leas d by Owners and Occupants, and such other incidental uses as may be authoriz d in
writing by the Association. A Stall shall not be converted ta other uses or used for stora e or
other p rposes which would prevent the parking of a mid-size automobile in the Stall, exc t as
authori ed in writing by the Association. The use of the Stalls, other parking spaces and �
drivew ys on the Property, and the types of vehicles and personal property permitted the eon,
shall b subject to regulation by the Association, including, but not limited to, the right f the
Associ tion to tow illegally parked vehicles or to remove unauthorized personal property.
� 7.8 Stalls. The Stalls shall be assigned to various Units; and the operatio and
transfe of the Stalls shalE be administered, in accordance with this Section 7.8. The folto ing
conditi ns and restrictions shall govem the assignment, use,and transfer of the Stalls.
7.8.I The initia! assignment of a Stall to a Unit shatl be made by the Associ tion
as directed by Declarant at the time of the first conveyance of the Unit by Decl rant.
Upon the closing of the initial sale of a Unit, the Association shall, as direct by
Declarant,assign to the Unit the exclusive right and license to use at least one Stall. 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 Occupants, for handicapped parking, or
for rental or assignrnent by the Association to Owners or Occupants, as determined by the
Board. "rhe Association may, afTer Declarant no lonDer owns any iJnit, rent or otherwise
assign any unassigned Stalls to Owners or Occupants. _
7.8.2 The use rights with respect to each Stall shall be deemed to be licensed
exclusi�ely to the Owner of the Unit to which the Stall is assigned. The Association shal]
maintain records identifying the 5talls, the Units to which they are assigned,the names of
the Owners of the Units, and the dates of assignment and any reassignrnents. A written
certificate of garage stall 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 the Unit to which the Stall is assigned. The Association shall 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 until the license
is transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Stall
license may be transfenred to another Unit,but only by first delivering to the Association
(i} a written transfer certificate, in 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 Stall. The Association shall review the proposed transfer
� certificate for compliance with this Section 7 and, if the transfer complies, the
Association shal] transfer the license on its records to the Unit owned by the transfered
and issue a new Garage 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 ihe absence of a properly executed assignment to
the contrary, the license to use a Stall assigned to a Unit at the time of the Unit's �
conveyance shail 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
only to or by other Owners and Occupants. The lease or other use right shall be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the Stall 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,reassign 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 lien or other security interest
on a Unit shall include the license to any Stall which is assigned to the Unit, and said
rights shall be included within ihe secured party's interest acquired in the event of a
foreclosure of the lien Qr other security interest.
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7.8.b Any license, lease, rental, assignment, tcansfer, or purported transf�er of -
any interest in a Stali in violation of this Section 7.8 shalt be void: I
7.8.7 The use of the Stalis, and the size and types of cars and other moto �zed
vehicles which may be kept in a Stall, are subject to Rules and Regvtations as app ved
. from time to time by the Board. •
7.� Star�e S�aces. There are ninety Cornmon EIement storage spaces located i the
lawer evel of the Building (collectively the "Siorage Spaces," and individually a "St rage
Space" . The assigmnent of the Storage Spaces, and the operation and transfer of the St rage �
Spaces shall be administered in accordance with this Section 7.9. The following conditian and
restrict�ons shall govern the assignment,use,and transfer of the Storage Spaces.
� 7.9.1 The initial assignment of a Storage Space to a Unit shall be made b the
IAssociation as directed by Deciarant at the time of the first conveyance of the Un t by ;
IDeclarant. Upon the closing of the initial sale of a Unit,the Association shall, as dir cted
y Declarant, assign to the Unit the exclusive right and license to use at least one St rage
pace. Each Storage Space assigned by the Association shall be deemed to be lice sed
nd assigned by the Association to the Unit to which ii is assigned. After all Units o ned
y Declarant have been conveyed, any unassigned Storage Spaces shall be deemed be
ssigned to the Association. The Association may, after Declarant no longer owns any
nit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupan .
7.9.2 The use rights with respect to each Sterage Space shall be deemed t be
icensed exclusively to the Owner of the Unit to which the Storage Space is assi ed.
e Association shall maintain records identifying the Storage Spaces, the Units to w ich
hey are assigned, the names of the Owners of the Units, and the dates of assignment and
. ny reassignments. A wr'stten certificate of Storage Space assignment (the "Sto ge
ertificate") shall be signed and dated on behalf of the Association and made avail ble
or delivery on the date the Owner acquires ti[[e to the Unit to which the Storage Spa e is
ssigned; provided, that the Owner has been assigned a Storage Space. The Associ tian i
hall not unilaterally reassign any Storage Space assigned to a Unit.
7.93 A Storage Space license shall remain with the Unit to which it is assi ned
ntil the ticense is transferred in accordance with this Section 7_9.3. .Subject to Se ion
.9.2, a Storage Space may be transferred to another Unit, but only by first deliverin to
e Assocration (i) a written transfer certificate, in a form approved by the Associa ion,
igned by the transferor and transferee, and (ii) a1l prior Storage Certificates and co ies
ereof, issued with respect to the Storage Space. The AssociaTion shall review the
roposed transfer for compliance with this Section 7.9 and, if the transfer complies, the
ssociation shall transfer the license on its records to the Unit owned by the transf ree
nd issue a new Storage Certificate to the transferee. The license to use the Sto age
pace shall remain with the Owner and Unit to which it is transferred until the ticen e is
t ansferred in accordance with this Section 7.9. In the absence of a properly exec ted
ssignment to the contrary, the license to use a Storage Space assigned to a Unit at the
t me of the Unit's c�nveyance shall be automatically assigned with the conveyanc of
t tle to the Unit.
MPLS-iVor 95281.11 1 S
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 other use right shall
be in written form, and shall terminate when the lessor,lessee, or other user is no lon�er
an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
� Owner shall give the Association advance written notice of any lease or use agreement
with respe�t to the Storage S�ace assigned to that Owner's- Unit, and shall prornptly
provide a copy of the lease or usz agreement to the Associat'ron. The Association may
hold, reassign the license for, or rent, a Storage Space assigned to it in the same manner
as an Owner, except for the Storage Spaces reserved far 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.b 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 io regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweiilers, 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.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.10.2 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 purposes,by any Person upon any part of the Property.
7.10.3 Pets shal! not be allowed to make an unreasonable amount of noise, or to
become 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 Common
Elements. No stnicture, fence, ar enclosure for the care, housing, or confinement of any
pet shall be constructed or rnaintained 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_
7.10.5 Pets shall be under control of an adult individual at all times when outside
of the Unii.
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� 7.10.6 Owners and Occupants keeging pets within their Units are responsi le for •
' the pet's behavior and for complying with municipal pet iaws,, ordinances and
� regulations. An Owner is liable to the Assaciation for the cost of repair of any dam ge to
the Property,or the damages and expenses associated with any persona! injury,cau d by �
• an animat (i) kept by that Owner on the Property, (ii} kept on the Property y an , �
Oc�upant of that Owner's Unit, or(iii) brought upon the Property by a guest or invi�ee of � .
that Owner or that Occupant. The owner of that•animal {ii not that Owner)shali a�so be
iiable for such costs,damages,and expenses. ,
7.i 0.7 The Board shaIl have authority to determine in its sole and ab olute
discretion whether a particular pet sha11 be permanently removed from the Property ased
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Sect on 7,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any addi ional
restrictions approved by the Board; provided, that such removal shall be subj ct to
Section 13.3.
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7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner or a
failure to comply with any pet restrictions shall be an Assessment against the ner's
Unit.
� .11 Quiet Eniovment; lnterference Prohibited. Subject to Section 7.16, all O ners
' and Oc upants and their guests shall have a right of quiet enjoyment in their respective nits,
subject to the rights of other Owners and Occupants to reasonable use of their respective nits
and th usuat and customary sounds generated thereby given the multi-family, apartment style
structu e of the Building. Taking into consideration the nature of the Building structure, 0 ners
and Oc upants and their guests shal] use and occupy the Property in such a manner as wi ] not .
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and uiet
enjoym nt of the Property by other Owners and Occupants and their guests. .
_12 Comqliance with Law. No use shall be made of the Property which would v' late
any the existing municipai codes or ordinances, or state or federal iaws and regulatians nor
shall a y act or use be permitted which could cause waste to the Property, cause a ma erial i
increas in insurance rates on the Praperty, or otherwise cause any vnusual liability, heal h or j
safety sk, or expense,for the Association or any Owner or Occupant. �
.13 Alterations. Except for those made by Deciarant in consideration of its initia sale
of a Un�t and except as otherwise provided in Section 8, no alterations (as defined in Secti n 8)
shall b made, or caused or allowed to be made, irr any part of the Common Elements, or i any
part of he Unit which affects the Common Elements or another Unit, or which is visible rom
the ext rior of the Unit, without the prior written authorization of the Board, or a com ittee
appoint d by it, as provided in Section 8. No Owner or Occupant shall (i) cause or permi any
physica changes to his or her Unit that could jeopardize or impair the weather-tight soundne s or
safety o ihe Building, or any Building system, or other improvement ]ocated on the Propert ; or
{ii) inte ere with any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share forrn of ownership, or any comparable •
fonn of iease, 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�a] threat to the Property or to the health or safety of the Owners or Qccupants, all Units
and the Limited Elements are suhject to enty, without notice and at any time, by an officer or
member of the Board, by the Association's management agents, or by any pubfic safety
personnel. Entry is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement pvrposes under Section 14.
7.16 Public Works Facilitv. The City's public works facility(the"Facility"}is located
directly to the west of the Property. The Facility is.used by the City For, among other things, the
storage, maintenance, and repair of trucks, plows, 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, sounds,lights,and smells associated with the Facility.
7.17 StoraQe. Subject to the provisions of Section 7.9, personal property may not be
, stored, displayed, or otherwise left outside the Units, except as authorized by the Baard. 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 authorized parking and storage.
7.l S Prohibited Conduct. No Owner or Occupant shall{i}cause or pecmit 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 coverinbs within their Unit without the prior written authorization of the Boatd, 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 eould affect or
damage the sound barriers or sound attenuation materials installed on or within the ceilings,�
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8 �
ARCHITECTURAL STANDARDS
8.l Restrictions on Imarovements. 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 kspt architecturally attractive, and consistent in appearance, and
structurally sound_ Therefore, except as set forth in Section 8.5, the foilowing restrictions and
requirements shall apply to alterations on the Property:
8_1.I Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or othenvise (collectively referred to as "alterations," and
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individually a "alteration"), including, but not limited to, any structure, buii ing, '
' ddition, deck, patio, fence,watl, enclosure,window, exterior door, antenna or othe type
of sending or receiving apparatus, sign; flag, display, decoration, color ch nge,
hrubbery,materiai topographical or landscaping change, or any other exterior alte ions
0 or of a Unit or a Limited Common Element, shail be made, or caused or allowed� o be
',auz, by a;�y Owner or flccupant,'or their invit�es, in any part of the Common Ele� enis,
r in any part of the Unit which affects the Common Elements or another Unit, or hich
is visible from the exterior of the Unit, unless and vntil the plans and specific ions
nowing the nature, kind, shape, height, calor, materials, and locations of the altera ions
hall have been appro'ved in writing by the Board or a committee appointed by i . In
ddition, Declarant's written consent shall also be required for alterations until Decl rant
0 longer owns a Unit for initial saie_
8.1.2 The Board may appoint, supervise, and disestablish an archite tural
ommittee, and speci�cally delegate to it part or all of the functions which the oard .
xercises under this Section 8, in which case the references to the Board shall refer t the
rchitectural committee where appropriate. The architectural committee shall be su ject
o the supervision of the Board. �
8.1.3 The Board shall establish the criteria for apQroval of alterations, hich
hall (i) adequately protect the Property, the Association, and the Owners and Occup nts,
, om liability and liens arising out of the proposed alterations or any construction ac ivity
'n connection therewith, and (ii) cornply with all governmental Iaws, codes, and
egulations. The criteria for approval of alterations shalt include and require, at a
inimum:
8.1.3.1 substantial uniformiry of color, location, type, and desi in
relation to existing structures and topography,
8.1.3.2 comparabie or better quality of materials as used in exi ting
improvements on the Property, • � �
8_I.3 3 ease of maintenance and repair, j
8.1.3.4 adequate protection of the Property, the Association, the Ow ers,
and the Uccupants from liability and liens arising-out of the proposed alterati ns,
8.1.3.5 substantial preservation of other Owners' sight lines, if mat rial,
and
8.1.3_6 compliance with governrr►ental laws, codes,and regulations.
8,1.4 The Board, or the appointed architectural committee if so authorize by
e Board, in its soie discretion, may irnpose standards for design, appearanc , or
' onstruction which are greater or more stringent than standards prescribed by the
overning Documents, or by building, zoning, or other governmental laws, code , or
,
. egutations; provided, that such standards shall be consistent with the architec ural
haracier and use of the Property as planned and developed by Declarant. The Boar , or
MPLS-Wo 95281.11 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 architecturat sry�e and uniformity, the quality and value of the Property, and I
(ii) to p�-ote�I the ASSOCi2tioTt ar�d the Owners from �.*�due liabilit�� arising �ut of th� -
aIterations or any construction activity in connection therewith. -
8.i.5 AlteraTions may be made in compliance with Section S I SB,2-!i.3 of ihe
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S I 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 requirement in the Governing Documents or the
Act. A file of the resolutions approving all alterations shali be maintained permanently
as a part of the Association's records.
8.2 Review Procedvres. The following procedures shall govern requests for
alterations under this Section 8:
8.2.] Detailed plans, specificatians, and related information regarding any
proposed alteration, in form and content acceptable to the Board,sha11 be submitted to the
Board (or the committee)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 Dec(arant(as long as Declarant is the
owner of a Unit) shali give the Owner written notice of approvat or disapproval. [f 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 infarmation 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_ •
8.2.3 If no request for approval is submitted, approva! shall be deemed to be
denied.
8.3 Remedies for Vioiations. T'he Association may ❑ndertake 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 of the Owner's Units and he a pe:sonal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
M PLS-Word 952ri l.1 1 20
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of the �uilding or that Unit to the prior condition if an alterations were made in violation f this •
Y
Sectio 8, and the cost of such restoration shalt be a personal obligation of the Owner and a lien
agains each of the Owner's Units.
8.4 Owner Resnonsibility/Indemnitv. An Owner who causes an alteration to be
made, egardless of whether the alteration is approved by the Baard, shall be respansible r the
� canst ction work and any claiins, damages, iosses, or liabiIities arising out of the alte ation.
The O er, and not the Association, is responsibte for determining whether any alteratio is in
vioiati n of any restriction impased by any governmenta] authority having jurisdiction ov r any
portio of the Property. The Owner shall hold harmtess, indemnify,and defend the Association,
and th Association's officers, directors, committee members, and management agents, fro and
agains any expenses, claims, damages, losses, or other liabilities, including without limi ation
attorn s' fees and costs of litigation, arising aut of (i) any atteration which violate any
gove ental .Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy f the
specifi ations or standards for construction of the alteration, and (iii) the construction f fhe
alterati n.
8.5 Exemptions. The requirements set forth in this Section 8 (except Sectio 8.4)
shall n t apply to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in conn ction
with its sale of Units.
' 8.5.2 The installation of the following antennas within a Unit or wit in a �
Limited Common Element, as permitted by applicable law: (i) one antenna one me er or
less in diameter for the purpose of receiving direct broadcast/satellite service or ideo
programming services, or (ii) any antenna for receiving television broadcast si nals.
However, the Board or a committee appointed by it, may require that the anten a be
installed so as to minimize its visibility from the front of the Unit and othe ise
camoafiage its appearance, uniess such requirements would violate applicable law. The
Board shall have authority to impose furiher, reasonable related requirements cons stent
ith law. The Owner or Occupant of the Unit shall perform and pay for the install tion,
aintenarice, and repair of the installation. . i
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. 8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 9
MAINTENANCE
.1 Maintenance bv Association. Subject to Sectian 9.2,the Association shall gr vide
for all maintenance, repair, and replacement (collectively referred to as "maintenance' or
"maint in") of the Common Elements and the Limited Common Elements, in accordance ith,
and sub ect to,the fol]owing qualifications:
9.1.1 The cost of maintenance of a Limited Common Element required t be
�ndertaken by the Association shall be assessed against each Unit to which the Lirr�ited
ommon Element is allocated. The Association may assign to an Qwner the oblig tion
I� �
MPLS-Norp 95281.i I Z t .
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 the Unit, perform the maintenance, charge the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
Association shall have an easement on, over, and through that Unit and the Limited
Common E�ement for purposes of performing said maintenance. �
9.i.2 The Association shaIl be responsible for incidental damage caused to a
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.1.3 If damage to the Common Elements, the Limited Common 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_ 'Che 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.
9_1.4 Notwithstanding the assigmnent 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
alters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the ob3igation to maintain the Comrnon 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 Hennepin County,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway lying within the Common Elements.
9.? Optional Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approvat of a majority of votes cast in person or by
proxy at a meering called for such purposes, or by written baIlot, undertake to provide
rr►aintenance 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, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the faregoing, 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 Responsibilitv. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and repiacement as follows:
MPLS-Word 95281.1 I 2z
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9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sa itary •
'condition, and to maintain the Limited Common Elements allocated to the Owner's Unit
to the extent assigned to the Owner under Section 9.1.I. The Association may requir that '
the Owners perform their maintenance obligations in accordance with stan ards
established by the Association.
- 9.�.2 T'o per.or:i the foregoing ma;ntenance obligations in such manner not '
Ito dama�e the Praperiy, or unreasonabiy disturb or cause a hazard to other Pe sons
_ occupying or using the Property.
The Association rnay, with the approval of the Members, undertake; any
maintenance of a Unit which the responsible Qwner fails to or improperly performs and
� assess the Unit and the Owner for the cost thereof. No such approval shall be nece sary
if the Association has the authority under the Governing Documents to perform such
aintenance. Such cost shall be a personal obligation of the Owner and a lien again t the
Owner's Unit. Owners and Occupants shall promptly notify the Association of defe ts in
or damage to those parts of the Property which the Association is obligated to mai tain.
he Board may require that the Owners perform their maintenance obligatioc�s in
accordance with standards established by the Assaciation.
19.5 Waste of Common Utilities or Commonly Metered Utilities. An Own r or
Occup nt of a Unit shall not cause waste, or unreasonable use, of common utiiities or ut lities
that se e the Unit but which are commonly metered. In the event the Association dete ines
that su h waste or unreasonable use is occurring, the Association shaIl have the authoriry to levy
against the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, ch ges,
� and fe s (whether billed by the utility provider, or otherwise) associated with that was e or
unreas nable use. Such costs, charges, and fees shail be calculated by the Association sing
reason ble methods. Notwithstanding any provision to the contrary in this Declaration the
Associ tion may repair or correct any condition (and enter upon any Unit and Limited Co on
Eleme t to do sa) causing the waste or unreasonable use. The cost of the repair or corr tion
may, a the Board's discretion, be assessed against the Unit, and may, at the Board's discr tion,
� be the rsonaI obligation of the Owner of the Unit and a lien against the Unit
�9.6 Restrictions on Chan�es to the Property. Except as permitted by this Dec]ar tion, �
no Ow er or Occupant shall, without prior written authorization from the Baard in accor ance
with S ction 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, wh ther
emporary or permanent, to be made to a Unit or the Common Elements, if such ch nge
r alteration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Co mon �
lements that could jeopardize or impair the weather-tight integrity, safety or soun ness
f any part of the Property, any system or equipment on or within the Property, o any
ther improvements located on the Property.
- 9.6.3 interfere with or otherwise impair any easement.
MPLS-Wo 95281.11 23 .
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9.7 DutY to Re�ort 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 DamaQe 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
Pr�perty is caused by the wiilful or negliger.t a�t or omission of an Owner or Qccupant,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 wi]lfully or negligently allowed to exist, the Association may cause such
' damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
E]emerit to 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 personal obligation of the Owner and a lien
against that Owner's Unit.
SECTION 10
1NSURANCE
10_1 Required Covera�e. 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 reputable insurance company authorized to do business 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
exciuded fmm coverage (but including all building service equipment and machinery): •
� The Association, at its soie discretion, may or may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, impr�vements
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 Federal !
Nationat Mortgage Association ("FNMA"), the Federal 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 poiicies shall aIso contain "Lnflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and limits with respect 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 insuri�g, purchasing or financing a
mortgage on a Unii. The Board may also, on behalf of the_Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitation the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified
coverages or endorsements in effect.
10.1.2 Commercia! general liability insurance covering the use, operation, and
maintenance of the Common Elements, with minimum limits of one million dollars per
MPLS-Word 95281.11 24
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ccurrence,against claims for death,bodily injury,property damage, and such other risks '
are customarily covered by such poiicies for projects similar in construction, loc tion
nd use to the Property. The palicy shall contain a"severability of interest"endorse ent
hich shall preciude the insurer from denying the claim of an Owner or Occ pant
ecause of negligent acts of the Association or other Owners or Occupants. The p licy
hall include such additianal endorsements, coverages and limits with respect to such _
azards as may be required by the regu9ations of the FHA, VA, FNMA, or FHLM as a �
recondition to their insuring,purchasing,or financing a mort�age on a Unit.
I0.1.3 Fidelity bond or insurance coverage against dishonest acts on the p rt of
� irectors, officers, managers, trustees, employees, or persons responsihle for han ling
, nds belonging to ar administered by the Association, if deemed to be advisable b the
oard or required by the regulations of any financing-related institution as a precon itian
to the purchase, insurin6, guarantee, or financing of a mortgage on a Unit. The fi elity �
nd or insurance shall name the Association as the narned insured, and shall co ply
ith the regulations of the FNMA, FHLMC, FHA or VA, if required by one of such
agencies as a precondition to the purchase, financing, insuring, or g�arantee of a
mortgage on a Unit. An appropriate endorsement to the policy to cover any person who
' serve without compensation shall be added if the policy would not otherwise over �
volunteers, or a waiver of defense based upon the exclusion of persons serving wi hout
compensation shall be added.
10.1.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liabiiity insurance with such reasonable limit and.
coverages as the Board shall determine from time to time.
10.1.6. Such other insurance as the Board may determine from time to time to be
in the best interests of the Association and the Owners.
1 Q.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_ , all
insur ce premiums shall be assessed and paid as part of an annual Assessment If
im�ro ements and betterments to the Units are covered by the Association's property insu ance,
any in reased cost may be assessed against the Units affected. The Associatian may, in th case
of a cl im for damage to one or more than one Unit, (i)pay the deductible arnount as a Co on
i Expen e, (ii) assess the deductible amount against one or more than one Unit affected i any
reason ble manner, or(iii) require the Owners of one or more than one Unit affected to p y the
deduci ble amount directly. The Association's decision as to who shall be charged with p ying
the de uctible amount may, hut need not, be based on fau(t. Notwithstanding anything o the
contra in this Section 10, the Association may, in the case of claim against the Associa ion's
prope y insurance',assess the deductible amount against all of the Units equally in the eve t that
the de uctible amount is calculated by the insurance company based upon the percentage f the
value r cost(replacement or otherwise)of one or more than one Unit or Building.
f 0.3 Loss Pavee; Insurance Trustee. Atl insurance coverage maintained b the
Associ tion shall be written in the name of, and the proceeds thereof shall be payable t , the
Associ tion {or a qualified insurance trustee selected by it) as trustee for the benefit f the
MPLS-W rd 95281.11 25
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Owners and secured parties which suffer loss. The Association, or any insurance trustee selected -
by it, shatl have exclusive authority to negotiate, settle; and collect upon any claims or losses �
under any insurance policy maintained by the Association_ '
. 10.4 Required Policy Provisions. Ail 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 Elemen[s or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any I
Owner or member af the Owner's household and against the Association and members of I
the Board.
10.4.3 The coverage shal] not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope of authority an 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 Chere 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 af property insurance and
comprehensive liability insurance maintained by the Association shalt provide that the policies
shall not be canceled or substantiaily 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.
10.6 No Contribution. All p.olicies of insurance maintained by the Association shall be �
the primary insurance where there is other insurance in th�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 additiona]
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 by the
Associatio❑ against the Unit. Insurance 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 I �b
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SECTION 11 � •
RECONSTRUCTION, CONDEMNATION, AND EMINENT DOMAIN I
1 l.l Reconstruction. The obligations and procedures for the repair, reconstruct on, or �
dispo it;on cf the Property follawing damage or destruction thereaf shall be governed by t e Act.
Any r pair or reconstruction shall be commenced as soon as practicable at�er the casual y and
shall e substantially in accordance with the pians, spe�ifications, and design of the Prop rty as
initial y eonstn�cted and subsequentiy improved. Notice of substantial damage or des ction I
shall e given as provided in Section 15.]0.
' 1 1.2 Condemnation and Eminent Damain. In the event of a taking of any part of the I
Prope by condemnation or eminent domain, the provisions of the Act shall govern; pro ided,
{i) tha notice shall be given as pravided in Section 15.1Q, (ii) that the Association shall e the
attorn y-in-fact to represent the Owners in any related proceedings, negotiations, settleme ts, or
agree ents, and {iii) that any awards or proceeds shall be payable to the Association r the
benefi of the Owners and th�mortgagees of their Units. Eligible Mortgagees shall be enti led to �
priori for condemnation awards in accordance with the priorities established by the Act a d the i
Gave ing Documents,as their interests may appear.
i
, 11.3 7'ermination and Liquidation. The terinination of the Condominium, a�d the
distri ution of any proceeds therefrom, shall be governed by the Act. Any distribution o funds
shall e based upon the value of the Units as determined by their relative value for pr perty
insura ce purposes, and shall be made to Owners and their mortgage holders, as their in erests .
• may a pear,as provided in the Act.
I1.4 Notice. The Association shall give written notice of any condem ation
proce dings or substantial destruction of the Property to the:Eligible Mortgagees entit ed to
notice under Section I 5.10. �
, �
11.5 Association's Authoritv. ln all cases involving reconstruction, condem ation, '
emine t domain, tennination or liquidation of the Condominium, the Association shal have
autho 'ty to act on behalf of the Owners in all proceeciings, negotiations, and settlem nt of
claim . Al1 proceeds shall be payable to the Association to hold and distribute for the ben fit of
the O ners and their mortgage holders, as their inEerests may appear, in accordance with th Act.
SECTION l2
I
EASEMENTS I
�
The fcliowing appurtenant easements and rights are hereby granted,canveyed,dedi�ated,
and r served on, over, under, and across the Property, as appiicable. I
12.1 Utilities, Services, and Operatin� Svstems. The Common Elements and the Units
shali e subject to and benefited by nonexclusive easements in favor of the City,the Asso iation
and al utility companies and other service providers for the installation, use, maintenance, repair
and r placement of a!1 utilities, services and common operating systems, such as natur I gas,
electri ity, cable TV, security, telephone and other electronic communications, water, ewer,
MPLS- ocd95281.11 �7
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septic systems, wells, and similar services, fire control systems and oiher common operating -
systems, and metering and control devices, which exist, which are constructed as part af the �
Property,which are approved by the City,which are approved by the Association ander authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recorded instruments. Each Unit, and the rights of the Owners
and Occupants thereof, sha!1 also be subject to and benefited by a non=exclusive easement in
favor of the other t3nits, the Common Elements, and the Assaciation for all such utiIities, "'�
services, fire control systems, and other common operating systems. Utilities and related
services or systems shall be installed, used, maintained, and repaired so as not to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Bu'ilding, the Units,or the Common Element improvements. �
.
l2.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��
Owners and Occupants therein, sha1F be subject ta 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 the 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 shal! exist for the encroachment, for the use,enjoyment,and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Improvernents or alterations added pursuant to Section 7.13 shall be limited to minor
� encroachments, and no easemeni shall exist unless the proposed impravements or alterations
have been approved and constructed as required by this Declaration. Such easements sha11
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Structural Support Easements. Each Unii and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in aIl walts,
columns,joists, girders, and other structural components located in or passing through another
L1nit 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 walkways on and across those portions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or oiherwise 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 Property, commonly
known as Cascade Lane, is set forth in that certain Declaration 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 ir► the costs of mainiaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is�ranted.
12.5 lnsvection, 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 Common Elements, the Units, and other improvements located wiihin Ehe
MPF,S-Word 95281.11 28
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Units, nd the utilities serving the Units, to the extent necessary for the Association to ful 11 its -
obligati ns under the Governing Documents or for Declarant to investigate or underta e its
warran obligations. Each Owner shall afford to the Association and its management a ents
. and e ployees, access at reasonable times and upon reasonable notice, to and throug the
Owner' Unit and its Limited Comrnon Elements for inspection, maintenance, repair, and
• replace ent; provided, that access to the Unit and its Limited Common Elements may b had
� without notice and at any time in case of emergericy. ' I
2.6 Pubiic Safetv and Health Access. �'here are n�nexclusive easements in fav r of
� the Ci and other applicable governmental authorities or agencies as shall from time to time
have ju isdiction over the Property, on and across drives, walkways, parking areas, and ther
open s ace areas of the Property for reasonable access to perform such duties related to law
enforce ent, fire protection, life safety, health, and sanitation as are reasonably required om
time to time. Such easements shall include access through and into the affected Units and �
Limited Common Elements in the�ase of an emergency. �
. 2.7 Emer�encv Access. In case of emergency or perceived threat to public heal h or
safety, 11 Units and Limited Common Elements are subject to an easement in favor o the
Associa ion for access, without notice and at any time, by an officer or member of the Boar , by
the Ass ciation's management agents, or by any public safety personnel. The Board may re uire
that an wner or Occupant leave keys to the Unit with another Owner of the Owner's choic , or
with th Assaciation, and.to advise the Association's management agent or the Board o the
location of the keys, so as to allow access for emergencies when the Owner or �ccupa t is
absent f om the Property for extended periods.
2.8 Recorded Easements. The Property shall be subject to such other easemen as '
may be ecorded against it or otherwise shown on the Plat. Any recorded easement benefiti g ar
burdeni g the Property shall be construed in a manner consistent with, and not in conflict ith,
the ease ents created by this Declaration. Such recorded easements include, but are not li ited
to, that ertain Declaratian of Easements, Restrictions and Covenants for Stonebay recorde in .
the offi e of the County Recarder in and for Hennepin County, Minnesota, on July 29, 200 , as
Docum t No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Coven nts,
the t�ss ciation has the obligation to maintain those unpaved portions of Kelley Parkway I ing
within t e Common Elements.
12.9 Drainage Easernents. The Common Elements shall be subject to nonexclu ive
easeme s for storm water drainage in favor of the Owners and Occupants for reasonable st rm
water d inage, and other normal site drainage, over those parts of the Common Elements w ich
rnay be esigned, improved,or graded for such purposes. '
� 1 .10 Use and Enioyment Easements. There are nonexclusive easements in favor o the
Owners nd Occupants of the Units for use and enjoyment on and across the Comman Elem ts,
and for xclusive use and enjoyment of any Limited Common Elements allocated to the nit,
subject t any restrictions authorized by, or set forth in, the Governing Documents or the R les
and Reg lations. .
NiPLS-Word9528t:t1 ' 29 •
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12.11 Declarant Rishts and �asements. The Units and the Common Elements are -
subject to exclusive easements and rights in favor of Declarant 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 thereafter to review the condition of the i
Property and Building systems and to determine whether Unit and 8uilding maintenance
requirements are being followed. �
12.I2 Duration. Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shal! be permanent, shall run with the land uniess otherwise expressly indicated,
and shall be suhject to the following qualifications:
12.12.1 The easemenis shaIl 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 reasonable 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.
t2.12.3 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.
i 2.12.4 No Person shall materially restrict or impair any easement benefiting or
burdening .the Property, or any eguipment or improvements relating to the easement,
subject ta this Declaration and the right of the Assaciation 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�shall be undertaken; and no fill or other 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.
12.12.6 Persons exercising easement rights shal] (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
ail costs incurred by it for repairing damage to 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 officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easement
flahtS.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate wtten Declarant no longer owns a Unit.
12.12.$ No grant, dedication, or creatian of an easement ❑nder this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, ii being
the intent of this Declaration that the Common Elements be and remain priyate proper[y
MPLS-Word 95281.11 30
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subject to operation and regulation by the Association, and that the Units be and r main "
' private property subject to operation and regulation by the respective Owners t ereof
and/or the Association,as applicable,all in compliance with the Governing Docum nts.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the ex rcise
� of its ights under this Declaration, and except for the Board in the exercise of authority �anted
by th Governing Documents, no Person shall create, grant, or convey any easem nt or
cornpa abie rights upon any portion of the Property without the prior written approval f the
Board; pravided, that the Board shal] authorize an Owner to grant an easement over the O ner's
Unit i (i) the easement will not adverse]y affect the Common Elements ar another Unit a d (ii)
the ea ement is consistent with the overall design and plan for the Property as establish d by
Declar nt and approved by the City.
12.14 Continuation and Scope of Easements. Notwethstanding anything i this "
. Decla tion to the contrary, no Owner or Occupant sha11 be denied reasonable access to is or
her U it or the right to utility services thereto. The easements set forth in this Section 12 sha11
supple ent and not limit any easements described elsewhere in this Declaration or recorde ,and
shall i clude reasonable access to the easement areas through the Units and the Co mon
Eleme ts far purposes of maintenance, repair, replacement, and reconstruction. All eas ment
rights hatl include a right of reasonable access to maintain, repair, and replace the utility lines
and rel ted equipment.
SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest the
. Prope , shall be governed by and comply with the provisions of the Act, the Gove ing
Docu ents, and the Rules and Regulations, and such amendments thereto as may be made fram , �
time t time, and the decisions of the Association. A failure ta comply sha11 entitl the �
Associ tion to the relief set forth in this Section, in addition to the rights and remedies autho ized
elsewh re by the Goveming Documents and the Act. !
13.1 Entitlement to Relief. The Association may commence legal action to re over
sums ue, for damages, for injunctive relief or to foreclose a lien owned by �it, or any .
combi tion thereof,or an action for_any other relief authorized by the Governing Docume ts or
availab e at law or in equity. Le�al relief may be sought by the Association against any O ner, '
or by n Owner against the Association or another Owner, to enforce compliance wi the
Govern�ng Documents, the Rules and Regulations, the Act, or the decisions of the Associ tion.
Howev r,no Owner may withhold any Assessments payabte to the Association,or take(or mit)
other a t�on in violation of the Governing Documents,the Rules and Regulations,or the Act as a
measur to enforce such Owner's position, or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or im lied,
admini trative or legal, the Association shall have the right, but not the obligation, to imple ent
any on or more of the following actions against Owners and Occupants and/or their guests,who
violate he provisions of the Governing Docuinents,the Rutes and Regulations,or the Act: '
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MPLS-Wo 95281.11 31 !
13.2.1 Commence legal action for damages or equitable relief in any couR of �
� competent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
followina the month for which the Assessment or instaltment was due.
i3.2.3 in the event of default of more ihan ihirty days in the payrnent of any
Assessment or inszatlment thereof, al� remaining insfallments of Assessments assessed
againsi the Unit owned by the defaulting Owner may be�accelerated and shall then be
payable in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of c�llection, and late charges, are not paid in full 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 defaulting 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�lements or those portions of the Common Elements providing u[ilities
service and access to the Unit. Such suspensions 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 Doeuments, and to assess the cost
of such restoration against the responsible Owners and their Units. T7te Association shall
have an easement to carry oui its authority under this Section 13.2.6.
132.7 Enter any Common Element, Unit, or Limited Common Elemenu in
which, or as to which, a violation or breach oF the Governing Documents exists which �
materially 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 the property of the Owners or Occupants, and to 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 causing the violation; provided, that any improvernents which are a part of a Unit may
be altered or removed only pursuant to a court order or with the agreerrzent of the Owner.
`I�e Association shall ha�e an easement to carry out its authority under this Section
13.2.7.
13.2.8 Foreciose any lien arising under the provisions of the Goveming
Docu�nents or under law, in the manner provided by the Act.
133 RiQhts to HearinQ. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, l3_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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offendi g Owner, grant to the offending Owner a hearing as contemplated by the Act an �this •
Sectio 13.3. The hearing may be held before the Board or a committee of three or ore
disinte ested Owners appainted by the Board. The offending Owner shall be given notice f the .
nature f the violation and the right to a hearing, and at least ten days within which to req est a
hearin . The hearing shal! be scheduled by the Board/committee and held within thirty d s of
receipt of the he�ring re�uest by the Board/cornmittee, and with ai leasi ten dzys prior w 'itet�
notice o the flffending Owner. If the ofiending C3wner faits to request, or to appear a , the
hearin , then the right to a hearing shail be waived and the Board/cammittee tnay take SIICIi
action s it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The
decisio of the Boardlcommittee and the rules for the conduct of hearings established b the
Board/ ommittee, shall be final and binding on all parties. Z'he Board's/committee's de ision
shall b delivered in writing to the offending Owner within ten days following.the hearing, f not
deliver d to the offender at the hearing. Any fines to be imposed by the Association may, t the �
Board' /Committee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, Char�es, Etc. Any Assessments, charges, fines, exp nses,
penalti s, or interest imposed under this Sectian shall be a lien against the Unit of the Ow er or
Occup nt against whom the same are imposed and the personal obligation of such Owner ' the
same anner and with the same priority and effect as Assessments under Section 6. Th lien
sha31 a ach as of the date of imposition of the remedy, but shali not be final as to violatio s for
which hearing is held until the Board makes a written decision at or following the hearing All
' remedi s shall be cumulative, and the exercise of, or failure to exercise, any remedy sha31 t be
deeme a waiver of the Association's right to pursue any otherremedy.
13.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any eol( I tion �
measu s, or any measures or actian, legal, administrative, or otherwise, which the Assoc�ation
takes t enforce the provisions of the Act, the Governing Documents, or the Rule� and
Reguta ions, whether or not finally determined by a court or arbitrator, the Association may �
assess he Unit owned by the violator with any. expenses incurred in connecrion with such
enforc ment, inciuding without limitation fines or charges previously imposed b the ,
Associ tion, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) o the
delinq ent amounts owed to the Association•. Such expenses shall also include�ny collecti r�or
contin ency fees or costs charged to the Association by a collection agency or other P rson
acting n behalf of the Association in collecting any delinquent amounts ow�d to the Assoc� tion
by an wner or Occupant. Such collection or contingency fees or costs shall be the per onal
obligat on of the Owner and shall be a lien against the Owner's Unit.
13.6 Liability for Acts of Owners and Occt�pants. An Owner shall be liable f r the
expens of any maintenance, repair, or replacement of the Property rendered necessary by such
Owner s acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the tent
that su h expense is not covered by the proceeds oP insurance carried by the Association or such
Owner or Occupant. However, any insurance deductible amount and/or increase in insu ance
� rates, esulting from the Owner's acts or omissions may be assessed against the ner
respon ible for the condition and against his or her Unit.
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13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Regulations,and the Act,as provided therein.
13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
• Associatio❑ may not commence any judicial or administrative action on behalf of the Owners
- (other ihan an actian commenced to enforce the Gaverning Documents or th� Rules and
Regulatioris, or to defend the Association), without first obtaining the affirmative vote of the
Owners to which are allocated at least sixty-seven percent af the votes in the Association, in
pei-son oc by praxy, at a meeting called for such purpose in accordance with the Bylaws, or hy
written ballot.
ISECTION 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 of:
14.1.1 The Board; and
;
14.1,2 The Owners of Units to which are allocased 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 vote per Unit
finance) as and if reqvired 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 writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shall 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, shail be adequate evidence
thereof for a!l purposes, including without iimitation;the recording of the amendment_
SECTIQN 15 '
RIGHTS OF ELIGIBLE MORTCAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other taws, Eligible Mortgagees shall have the following ri�hts and protections:
l S.l Consent to Certain Amendments. Subject to Declarant's rights under Section t 5,
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) shall be reguired for any amendment to the Governing Documents which changes any
MPLS-Word 95281.1 I 34
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provisio governing the following: {i) voting rights; (ii) increases in an annual Assessme t of '
more th twenty-five percent over the prior year's annual Assessment;(iii)Assessment lien ,or
priority f Assessment liens; (iv} reductions in reserves for maintenance, repair and replace ent
of Co on Elements; {v) responsibility for maintenance and repairs; (vi) reallocatio of
interests in the Common Elements or Limited Cammon Elements, or rights to their use; vii)
redefini ion of any Unit boundaries; (viii) canvertibility of Units into Camrnon Elements or ice
versa; (i ) expansion or contraction of the Property or the addition, annexation or withdraw I of
prapert ta or from the Property; (x) hazard ar fidelity insurance requirements; (xi) impositi of
material restrictions on the leasing of Units; (xii) imposition of any restrictions on an Ow er's
right to ell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a ha ard
damage or partial condemnation) in a manner other than that specified in the Gove ing
Docume ts; (xiv) any action to terminate the legal status of the Condominium after substa tial
destruct'on or condemnation occurs; or (xv) any provisions that expressly benefit Eli ible
� Mort�a ees,or insurers or guarantors of mortgages.
15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, the
written onsent of Eligible Mortgagees representing at least sixty-seven percent of the Units that
are subj ct to first mortgages held by Eligible Mortgagees {based upon one vote per nit
finance shall be required to (i) abandon or terminate the Condominium; (ii) change the
allocati ns of voting rights,Common Expense obligations or interests in the Common Elem nts;
(iii) pa ition or subdivide a Unit except as permitted by stacute; (iv) abandon, parti �on,
subdivi e, encumber, or sell any Common Elements; or (v) use hazard insurance proceeds for
other th n the repair,replacement or reconstruction of the Property,except as otherwise prov ded
by]aw.
15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without the
prior w tten approval of the Owner and Eligible Mortgagee thereof,and the Association.
t 5.4 No Ri�ht of First Refusal. The.right of an Owner to sell, transfer, or othe ise
convey Y�is or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Prioritv of Lien. Any Person who comes into possession of a Unit by foreclo ure
of the rst mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the �rst
mortgag on a Unit, takes the Unit free of any claims far unpaid Assessments or any o her
charges r liens imposed against the Unit by the Association which have accrued against ch
Unit pri r to the acquisition of possession of the Unit by said Person; (i) except as pravide in
Section .9 and the Act and (ii) except that any unreimhursed Assessments or charges ma be
reall.ocat d among all Units in accordance with their interests in the Common Elements. �
15.6 Prioritv of Taxes and Other Charges. All taxes, assessments and charges w ich
may bec me liens prior to the first mortgage under state law shall relate only to the indivi ual
Uniu an not to the Property as a whole.
15.7 Prioritv far Condemnation Awards. No provision of the Goveming Docum nts
shall giv an Owner, or any other party,priority over any rights of the Eligible Mortgagee o the
Unit pur uant to its mortgage in the case of a distribution to such Owner of insurance proceed or
condem ation awards for losses to or a taking of the Unit and/or the Comrnon Elements. he
MPLS-Word 9528l.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 Management AQreements. The term of any-agreement for
� . professional management of the Property shall not exceed two years. Any such agreement shall "
prcvide far terminatian with�ut penalty a: ter.ninatian fee by either parry as iollows: (i) with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii)without cause,unon a minimum of sixty days priar written notice. .
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage loan against a Unit, shall 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 Assaciation's fiscal year. FNMA, or any
. Eligible Mortgagee, institutionai guarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audii of the Association's financial statements be made for
the preceding year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Notice Requirements. Upon written request to the Association, identifying the
' name and address of the holder, insurer or guarantor of a mortgage on a Unii, and the Unit
number or address, the holder,insurer or guarantor shall be entitled to timely written notice of:
I 5.1 U.1 a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
� f 5.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a rnortgage;
I5.10_3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.10_.4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees. .
5ECT[ON 16 --.
SPECIAL DECLARANT RICHTS
I Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section S I SB.1-103(32} of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
16.1 Comolete Lnnrovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in DeclaranYs development plans or
MPCS-Ward 95281.11 3b
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allow d by this Declaration, and to make improvements in the Units and Common Elem nts to '
acco modate the exercise of any special declarant rights_
- 16.2 Ri�hts to Relocate Boundaries, Subdivide, Convert or Combine Units. o {i)
reloc te the boundanes of any Unit owned by it, or (ii) create additional Units, Co on
Elem nts, and Limited Common Elements, or any combination thereof, by the subdi ision,
partiti n, conversion, or combining of any Unit or Unifs owned by it, as authoriaed by th Act.
The aximum number of additionai Units that may be created within the Cendominium pu suant
t�thi Se�tion 16.2 is 5.
16.3 Sales Facilities. To construct, operate, and maintain one or more than one odel
Unit, and other devetopment, sales, and rental facilities within the Common Elerr�en , and
withi any Units owned or leased by Deciarant from time to time, located anywhere n the ,
Prope
I6.4 Si�ns. To erect and maintain signs and other sales displays offering the Un ts for
sale o lease,within any Unit owned by Declarant and on the Common Elements.
96.5 Easements. To have and use easements, for �eclarant, Declarant's empl yees,
contra tors, representatives, and agents and prospective purchasers, through and ov r the
Com on Elements for the purpose of exercising its special declarant rights. �
16.6 Control of Association: To concrol the operation and administration f the
Assoc ation, induding without limitation the power to appoint and remove the members f the
Board pursuant to Sectian S 15B.3-t03 of the Act, until the earliest of: {i) voluntary surren er of
contro by Declarant, {ii) an Associati�n meeting which shal] be held within sixty days after
conve ance to Owners other than Declarant of sevenry-five percent of the total number of nits
autho zed to be included in the Property, or (iii) the date three years following the date f the
.first c nveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoin , the
�wne s other than Declarant shall have the right to nominate and elect not less than thirty three �
and o e-third percent of the directors at a meeting of the Owners which shall be held within sixty
days ]]owing the conveyance by Declarant of fifty percent of the total number of nits I
autho zed to be included in the Property. �
16.7 Consent to Certain Arnendments. Declarant's written consent shall be re uired
for an amendment to the Governing Documents or the Rules and Regulations which direc ly ar
indire tIy affects Declarant's rights under the Governing Documents or the Act. '
�
SECTION 17
MISCELLANEOUS
17.1 . Severabilitv. lf any term, covenant, or provision of this instrument or any e hibit
attach hereto is held to be invalid or unenforceable for any reason whatsoever, such
determ nation shall not be deemed to alter, affect, or impair in any manner whatsoever any ther
portio of this Declaration or exhibits attached hereto. •
17.2 Construction. Where applicable, the maseuline gender of any word used h rein
s�all ean the feminine or neutral gender, or vice versa, and the singular of any word sed
herein hail mean the plural, or vice versa. References to the Act, or any sections thereof, hall
MPiS-W d95281.11 37
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� be deemed to inciude any statutes amending or replacing the Act, and ihe 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 against Declarant for indemnification pursuant ta the
Act, the Associatian shall promptly tender the defense of the action to its insurance carrier, and .
give Deciarant (i) written notice of such tender, (ii} written natice of the specific nature of the
action,and(iii)an opportuniry to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Governing Documents or
the Act, all notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shali 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 pnrsuant to Section 2.2 of the Bylaws shall be effective .
upon receipt by the Association.
17.5 Conflicts Amon� Documents. In the event of any conflict among the provisions �
of the Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shalI control
nnless it permits the docurrients to controL As among this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As beiween the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, conditions, restricti�ns, easements, liens,
and charges contained in this Deciaration shall 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�)
i i
� The foregoing instrument was acknowledged before me tris p���day of_�,
2007, by Arnold A. Zachman, the Ghief Manager of O.C. Developrnent LLC, a Mmnesota
limited liabiiity company,on behalf of said]imited liability company.
� `
No ublic
TH1S 1NSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman,Esq.
FELHABER, LARSON, FENLON & VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis,Minnesota 55402 SCATTLKRYP1SKi . .
(612) 373-8418 ►�tO�nRYPtfBUC-��OTA �..•
MY�IISSION DfP�iES JAN.31�2050
MPLS-Word 95281.11 3 8
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COMMON INTEREST COMMUNITY NO.]578 ��
Condominium
STONEBAY OF ORONO CONDOMINIUM
� . EX�-:IBI�'A T�BECLA�2.ATi I(3N � '
UNDERLYING LEGAL DESCRIPTION OF THE PROPER'�'Y
Lot l,Block l, Stonebay Second Addition, Hennepin Counry,Minnesota. �
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MPLS- ord 9528 L V I 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 � �
Condomenium
, STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECLARAT�+OI+t �
SCHEDULE OF UNiTS,AND ALLQCATION OF COMMON EXPENSES AN�
UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
Allocation oi Common Expenses and
Unit Identifier Undivided Interests in the Common Elements
1O1 1/57
102 1/57
103 1/57 ,
104 1/57
105 1/57
l 06 ]/57
107 1/57
]08 U57 -
109 1J57
110 1/57 .
1 I I 1/S7
112 1/57
113 � 1/57
� 114 1/57
I 15 1/57
116 � I/57
I 17 1/57
118 1/57
201 � 1/57 i
202 1/57 .
203 1/57
204 1/57
205 - 1/57
206 I/57
207 1/57
208 1/57
, 209 1/57
21Q 1/57
z�t iis�
2I2 I/57
MPLS-Woai9528L11 40 -
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Allocation of Common Expenses and `
nit Identifier Undivided Interests in the Common Elements i
213 1/57
?14 l/57 I ,
2l3 1/57 -
215 I/57 �
217 ' I/57 I . I
218 1/57 i .
219 1/57 ,
2?� 1/57 I
301 1/57
302 1/57
3Q3 1/57
� 304 1/57
� 305 1/57
306 l/57
i
307 1/57
308 1 i57
309 Ii57
310 . 1/57
31 t 1I57 ��
3l2 1/57 �
313 1/57 j
3 t4 1/57 i
315 1/57
316 ' 1/57
317 � 1/57
318 ]/57
319 1/57 �
�I TOTAL: 57/57(100%)
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MPLS-W rd 95281.l 1 41
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COMMON INTL'RES'1'COMR1UN1'!'Y NO.NO. 1578
Cond��mi�iiuni •
STONERAY OI%ORONO CONUOR�t.1vIUM
CONSEN`�Bl' MC3.R'7'CAUEC +
The undersigned (the "Mortgagee") is a n�ortgagec of portions of'th� real property
described in the attached Declaration of Stonebay of Orono Condo��iiniu�►� (the "Declarati.an").
Mortgagee hereby consents to this Declaration; provided, that by consenting to the Declaration,
(i)Mortgagee does,not in any manner cons#itute itselfor obligate ilselfas a Declarant as defined
in the Declaration, (ii) such consent does no� modify or amend the tenns and conditions of the
Mortgagee's tnortgage and related ioan docunzenls, and (iii) such mort�;age sl�all rcmain as a lien
on the property described lherein, prior to any liens imposed under the Declaration,untii released
or satisfied. '
il�,(�WITNESS WHFRE F, the Mortga�ee has caused this Consent to be executed vn
the (]�-- day of s�, , 2007. .
lYlAINS7'RL+'�,'I'13ftNK
� ' B �
E�'
STATE OE MiNNESOTA ) �
� ) ss. �
COUNTY OF���� )
� The foregoing instrument was ack.nowleciged before me this .!e�' day of
�r�+�oQr, 2007, bY .(�Gs•+�Y�e,.rr.K�- "�_, the ��:vr Ui�P of
Mainstreet Bank,a Minnesota bank corp�ration,on behalf of said entity. Pi+r�r���-
� '
=Notary Public .
TH]S 1NSTRUMFNT WAS DRAFTED BY: �
Fredrick R. Krietzman, Esq. �
FELI-tABER, LA'�tSON, FENLON &VOGT, P.A. SCOITLKRYNSb
220 South Sixth, Suile 2200 NOTARYPl�F1C-i�SOTA
- NY COMMISSION ONG�S JAN.31,2010
Mini�eapolis, Minnesota SS402 ' .
(612)373-8414 .
_
Mr�s-wo«t vsix�.i r 42
i
„_ �...
, ` ._
, COMMON INTEREST COMMUNITY NO.N0. 1578
� Condnminium
' STONEBAY OF ORONO CONDOMINIUM
CONSEN�BY NdORT�AGEES �
The undersigned (the "Mortgagees”) are mortgagees of portions of the real pr perty .
descri ed in the attached Declaration of Stonebay of Chono Condominiu.m(the "Declara ion"}.
Mortg gees hereby consent to this Declaration; provided, that by consenting to the Decta tion,
(i) M gagees do not in any manner constitute themselves or obligate themselves as Decl rants
as de ned in the Declaration, (ii) such consent does not modify or amend the term and
condit ons of the MoRgagees' mortgage and related loan documents, and (iii) such mo gage
shall main as a lien on the property described therein, prior to any liens imposed und r the
Decla tion,until released�r satisfted.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be execut d on
the 7 fS day of I��-c�-c.c_s �" ,2007_
, �� " .�
� I Dave
�..�'l
Ra dy Koch
STAT OF MINNESOTA ) .
) ss.
CO Y OF O�� ��- )
The oregoing instrument was acknowledged before me this /7�"� da of
�U �. �' ,2007,by Dave Koch and Randy Koch.
�^'w, RoeERrKBU53 �
; ' +,�,,� . C� a"' 2o b�., f �us�-
� "a�,e� .
�W cmm�re+.tan�,�o�o Notary Public ,y.y c o,,,. .»��r ��
-�f��res �1 % ld-6i u
THIS I STRUMENT WAS DRAFTED BY:
Fredric R. Krietzman,Esq.
FEL BER, LARSON, FENLON &VOGT, P.A.
220 So th Sixth, Suite 2200
Minne polis,Minnesota 55402
(612) 3 3-8418 ,
MPLS-�Vo d 95281.11 43
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