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Doc No 9077"550'12J20/Z007 08:07 AM �
Certified filed and or recorded on above date: - i
Office of the County Recorder '
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder j
TranslD 363307 Deputy 2
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'DEC I9 2007
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COMMON INTEREST COMMU�fITY NO. 1578
Condominium '
STONEBAY OF OROlvO CONDOMINIUM
DECLARATION
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� Thi� Declaration is made in the county of '� , state of Minnesota, on thi
_�day�of �5�, 2p07, by O.C. Development LC,a Minnesota limited Iiabili
company the "DeclaranY'), pursuant to the provisions of Minitesota Statutes Chapter S 15B
tcnown as 'the Minnesota Common Interest Ownership Act (the "Act'.'), for the purpose o
creating St}�nebay of Orono Condominium as a condominium under the Act.
� W�EREAS, Declarant.is the owner of certain reai property located in Hennepin County
, Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit sai
real prope�ty and all irnprovements thereon (collectively the "Property") to the Act as
candomini'm,and
W EREAS, Declarant desires to establish� on .the Property a plan for a permanen
residential community to be owned, occupied, and operated for the use, health, sa#'ety, an
welfare of�he Owners and Occupants, and for the purpose of preserving the value,the structura
quality, an the origina(architecturaJ character of the Property,and
W�EREAS, the Property (i) is not subject to a master association as defined in the Act;
(ii) is noi ubject to an ordinance refened to in Sectian S15B.1-Ifl5 of the Act, gaverning
conversion to common interest ownership; and{iii)does not include any shoreland as de�ned in
Minnesota�tatutes 5ection 103F.205.
TH REFORE, Declarant subjects the Property to this Declaration under the name
"Stonebay f Orono Condominium," cansisting of the Units referred to in Section 2, deciaring
that this D ctaration shall constitute covenants to run with the Property, and that the Property
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shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, -
charges, and liens set forth herein, all of which shalt be binding upon all Persons owning or
acquiring any right, title, or interest therein, and their heirs, personal representatives, successors,
and assigns.
� SECTION t �
� DEFINITIONS
The following words when used in the Governing Documenu shali have the foilowing meanings
(unless the contaxt indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter 5•158, known as the Minnesota
Common Interest Ownership Act,as amended. �
12 "Assessments" means and refers to all assessments levied by the Association
pursuant to Section 6 and pursuant to the Act, including,but not limited to,annual
assessments,special assessments,and limited 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 Sectian 515B.3-101 of the Act, whose members consist of al]
Qwners.
� i.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 tt�e Property and �
which contains at least one Unit.
l.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" rneans all parts of the Property except the Units, including
all improvements thereon.
1.9 "Common Expenses" means all expenditures made or liabilities incuned by or 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 Condominiurn.
1.11 "Declarant Control Period" means.the time period during which Declar`ant has the
exclusive right to appoint the members of the Board,as described in Section 16.
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1.1� "Eli�ible Mort�a�ee" means any Person which owns a first mortgage on a U it ' �
and which has requested in writing that the Association notify it regarding a y
proposed action which requires approval by a specified percentage of Eligi le
� Mortgagees.
. !.; "G�vernin� Documents" means this Dec!araiion, tl:e Bylaws, an� the Artic'ses f
� lncorporation of tiie Association, as those documents may be amended from ti e
, to time,all of which shall govern the use and operation of the Property.
l.l� "Limited Common Elements"means a portion of the Common Elements allocat d
by this Declaration or by operation of Section Si5B2-102(d) or(fl of the Act r
' the exclusiye use of one or more but fewer than all of the Units.
1.1 "Member"means a Person who is a member af the Association by virtue of bei g �
� an Owner as defined in this Declaration. The words"Owner"and"Member"m y
I be used interchangeably in the Governing Documents.
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1.1 "Occunant" means a Person,other than an Owner,in possession of,or residing i ,
a Unit. .
].1'� "Owner" means a Person who owns a Unit, but excluding a contract for de d
vendors, a mortgagee, a holder of a remain8er interest or a reversionary interest n
Ia life estate, and any other secured parties within the meaning of the Act_ T e
, term "Owner" incEudes, without limitation, a contract for deed vendee, and a
. holder of a life estate.
I.1 "Person" means a natural individuat, a corporation, a limited liability company, a
partnership, a trustee, or other legal entity capable of holdirig title to real propert .
l.l "Plat" means one or more than one recorded plat depicting the Property pursu t
to the requirements of Section S15B.2-I10(c) of the Act, and satisfying t e
, requirements of Minnesota Statutes Chapter 505, 508; or 508k; as applicabl , ,
including any amended or suppfemental Plat recorded from time to time i
accordance with the Act.
1.2 "Propertv" means aIl of the real property subjected to this Declaration, now or i
the future, including all structures and improvements located thereon. e
' Property is legally described in Exhibit A attached hereto.
1.2 "Rules and Resu3ations" means the Rules and Regulations of the Association s
approved from time to time pursuant to Section 5.6. �
1.2 "Unit" means a part of the Property within a Building other than the Commo
Elements, including one or more than one room or enclosed space designed an
intended for separate ownership and use, ali as described in Section 2 and show
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.
SECT#ON 2
DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section 16. AlI Units are restricted exciusively to residential use.
Each Unit constitutes a separate parcei of real estate. No portion of a Unit shall be transferred ar
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section 16, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S 15B.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated tterein by reference. A schedule of the Uniu is
set forth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfmished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiiing texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perimeter
- walls, columns, ceilings, or floors, and any common utility lines, pipes, ductwork, mechanical,
electrical, or p�umbing systems, or other common facilities serving more than one Unit, but .
iocated in or passing through a Unit, shall be Common Efements. The boundaries of each Unet
shall also extend alon�the inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
23 Appurtenant Easements. The Units and the Common Elements shall be subject to
- and benefited by the easements described in Section l2: i
SECTION 3 '
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COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTHER PROPERTY
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I 3.1 Common Elements. The Common Elements, and their characteristics are as
� - follows:
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3.i.1 All of the Praperty not included within the Units constitz.�tes Common
Eiements. The Common Elements �nclude those parts of the Property designated as
Common Elements in this Declaration,on the Plat, or in the Act;
3.1.2 The Common Elernents shall be subject to (i) certain easements and
restrictians as described in this Declaration and any other easements recorded against the
Common Etements; (ii) the rights of Owners and Occupants in Limited Common
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Ele ents appurtenant to their respective Units; and (iii) the right of the Association . i
es blish reasonable Rules and Regulations governing the use of the Property; �
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3.l.3 Except as otherwise expressly provided in the Governing Documents, O
no �mprovement, modification, construction, or change of the C�mmon Elements sha f
� tak�place by an Owner or Occupant without pzior written authorization by the Board an _
(ii) 11 maintenance,repair, replacement,improvement, management, and operatian of th
Co man Elements shal!he the respansibility of the Association;and
� 3.t.4 Common Expenses far the maintenance, repair, replacemen,
ma agement, and operation of the Common Elements shall be assessed and collecte
fro the Owners in accordance with Section 6.
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3.2 Limited Common Elements. The Limited Common Elements are those parts o !
the Comm n Elements reserved for the exclusive use of the Owners and Occvpants of the Unit
to which t y are allocated, as described in this Declaration and the Act. The rights to the us
and enjo ent of the Limited Common Elements are automaticaily conveyed with th .
conveyanc of such Units. The Limited Common Elements are described and allocated to th
Units as fol�ows:
� 3.2.1 Those items or areas designated as Limited Common Elements on the Plal
or b�the Act are allocated as indicated therein.
i3.2_2 Improvements, if any, such as decks, patios, porches, balcflnies, shutters
aw �ngs, perimeter windows and doors, window screens, window boxes, sleeves an
fitti gs surrounding window air conditioning units, chimneys, driveways, walks
doo steps and stoops, constructed as part of the original construction to serve a singl
Uni or Units, and replacements and modifications thereof authorized pursuant to Section
7.1�', tocated whotly or partially outside the Unit boundaries, are allocated exclusively to
the �Jnit or Units which they serve_
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utiliry�
inst�llations, bearing wal]s, bearing columns, or any other components or fixtures lying '
parti�lly within and partially outside the boundaries of a Unit, and serving oniy that Unit,
. are llacated to [he Unit which they serve. Any portion of such installations serving or
affe ting the function of more than one Unit or any portion of the Common Elements is a
part f the Common Elements,but is not a Limited Common Eiement. ,
I 3.2.4 Heating, ventilating, or air conditioning equipment serving one or more I
than one Unit, and located wholly or partially outside the boundaries of one or more than
one Unit, are Limited Common Elements allocated to each Unit served by such
equi ment.
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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 ihe Association,a.portion of the Common Expenses, and a por[ion of the undivided interests
in the Common Elements,snail be governed by the following prorisians:
4.] Membershin. Each Owner shail be a Member sotely by reason of owning a Unit,
and the rnembership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shali terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,all such Persons shall be members of the Association,but '
multiple 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 Votin� Ri�hts, Common Expenses, and Undivided Interests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, subject to the Associa[ion'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
entided to vate. •
. 4.3 Appurtenant RiQhts and Obli�ations. The ownership of a Unit shait include the
voting rights and Common Expense obligations described in Section 4.2. Said righis 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 nakural 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 fallowing provisions:
5.l General. The operation and administration of the Association and the Property
shall be govemed by the Governing Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Governing Documents and
. the Act, be responsible for the operation, management, 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 th' Board, unless action or approval by the individual Owners is specifically required �
by the Gov�ming Documents or the Act. All references to the Association shall mean the
Associarion�cting through the Board,unless specifically stated to the contrary.
5.2 Operational Purposes_ The Association shall operate and manage the Property for
the purpose of(i) administering and enforcing the covenants, restricti�ns, easements, charges,
and liens'se forth in the Goveming Documents and t�e Rules and Regulations, (ii) maintaining,
repairing, a d replacing those portions of the Properiy and ather property for w�ich it is
responsible, and(iii} preservina the value, and the architecturai uniformity and character, of the
Property.
5.3 Bindin� Effect of Actions. Ail agreements and determinations made by the
Association in accordance with the powers and voting rights established by the Governing
Documents �r the Act shall be binding upon all Owners and Occupants,and their lessees, guests,
heirs, persor�al representatives, successors, and assigns, and all secured parties as defined in the
Act.
5.4 B�law_s_ The Association shall have Bylaws. The Bylaws shall govern the
operation a d administration of the Association, and shail be binding on all Owners and
Occupants.
5.5 I Mana�ement. The Board rnay delegate to a manager or managing agent the
managemen� duties imposed upon the Association's offcers and directors by the Governing
Documents �nd the Act. However,such delegation shali not relieve the officers and directors of
the ultimate responsil�ility for the performance of their duties as prescribed by the Governing
Documents�nd by law.
5.6 I Rules and Regulations. The Board shall have exclusive authority to approve and
implement sh�ch reasonabie Rules and Regulations as it deems necessary from time to time for
the purpose f operating and administering the affairs of the Association and regulating the use
of the Prop rty; provided, that the Rules and Regulations shall not be inconsistent with the
Governing ocuments or the Act. The inclusion in ather parts of the Governing Documenu of
authority to approve Rules and Regulations shall be deemed to be in fuRherance, and no2 in
li3nitation,o the authority granted by this Section. New or amended Rules and Regulations shall
be effective nly after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds. All funds and real or personal property
acquired by khe Association shall be held and used for the benefit of the Owners for the purposes
' stated in the�Goveming Documents. Surplus funds rernaining after payment of or provision for
Common E penses and reserves shall be credited against futvre Assessments or added to
reserves, as etermined by the Board.
5.8 Resale Disclosure Certi�cates. Pursuant to Section S 15B.4-107 of the Act, in the
event of a r sale of a Unit by an Owner other than Declarant, that Owner shall furnish to�the
purchaser a esale disclosure certificate containing the information required by Section S 15B.4-
107(b} of th Act. Pursuant to Section S15B.4-107(d) of the Act, the Association shall, within
ten days (o within such other relevant timeframe set forth in the Act) after a request by an
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate_ The _
Association may charge a reasonable fee for furnishing the resale disciosure certificate and any
documents related thereto.
SECTIaN 6
- ASSESSMENTS
6.1 Generai. Assessmenis shali be determined and assessed against the Units by the •
Board,in its discretion, subject to the requirements and procedures set forth in this Section b and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Aru�ual and
� special Assessments shall be allocated among ihe Units in accordance with the allocation
formula 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. Annuai 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 ai( Units in accordance with the allocation set forth in Section 4.2_ 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 all Common
Expenses.
6.3 S�ecial Assessments. In addition to annual Assessments, and�subject to the •
limitations set foRh hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the purpose of defraying in whole or in part(i) the cost of
any unforeseen and unbudgeted Common Expense, {ii) general or speeific reserves for
maintenance, repair, or replacement of any part of the Property,and(iii) the maintenance, repair, , i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments,the Board has the authority to(and, in certain instances set forth in ihis Section 6.4,
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 with the maintenance, repair, or
replacement of a Limited Common �lement 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 all of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited. -
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b.4.3 In addition to annual Assessments and special Assessments,the Board ha • ,
the uthority to {and, in certain instances set forth in this Section 6.4, shall) levy an
alloc te iimited Assessments among only certain Units in accordance with the followin
requ rements and procedures.
. 6.4.4 The costs of insurance.may be assessed in proportion of the square footagel
or a ai cost�er Unit.
b.4.5 Reasonahle attorneys' fees and other costs incurred by the flssaciation in
� conn ction with (i) the coltection of Assessments and (ii) the enforcement of the
Gov rning Documents, the Act, or the Rules and Regulations, against an flwner o
Occ�pant 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 provided in
Sectiion ]4.
6.4.7 Assessments levied under Section S15B.3-llb(a) of the Act to pay a
judg ent against the Association may be levied onty against the Units existing at the
time the judgment was entered, in proportion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused by the
act r omission of any Owner or Occupant, or their guests•or invitees, the Association
� may assess ihe costs o#'repairing the damage, or any increase in insurance rates directly
attri�utable to the Act or omission,exclusively against the{Jwqer's Unit to the extent that
• the mage is not covered by insurance. .
6.4.9 If Common Expense liabilities are reallocated for any purpose authorized
by t e Acf, Assessments and any installrr�ent thereof not yet due shali be recalculated inj
; acco dance with the reallocated Common Expense liabilities
,
j Assessment� levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, be
assessed as�part of,or in addition to,other Assessments levied under SeGtion 6.1 or 6.2: �
6.5 Ii Workine Capital Fund. There shall be established a working capital fund to meet • '
unforeseen �xpenditures or to purchase additionat equipment or services for the Association. �
The Board may include in each sabsequent armual budget a reasonable amount of working
capitai, base upon [he anticipated needs of the Association for the year in qnestion. There shall
be contribut d by the purchaser of a Unit, on a one-time basis upon the initiai sale of each Unit
by Declaran , an amount equal to four monthly installments of the estimated annual Assessment
for the Unit in the year of the sale. The cantribution shall be paid at the earlier of(i)the time of
closing of s le of the Unit or (ii)the time of termination of the Declarant Control Period. The
contribution to this fund are in addition to the regular instal]ments of annual Assessments, and
shal! not b a credit to the regular installments of annual Assessments levied against che
respective nit. The funds shall be deposited into a s�gregated Association account no later than
the terminat on of the Declarant Control Period. Funds deposited in said account shall not be
used to def y any of Declarant's expenses, reserve contributions or construction costs, nor to'�
make up an budget deficits during the Declarant Contrnl Period. However, upon the closing of
the initial sa e of a Unit, Declarant may reimburse itself from funds collected from the purchaser
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at the closing for any prior contributions made by Declarant to the working capitaE fund with -
respect ta that Unit.
6.b Liabilitv of Owners for Assessmen#s_ Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the Iater of (i) the time at which the Owner
acquires title 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 payable with respect to the Unit shail be
personally liable for the share of the Common Expenses assessed against such Unit. Such
liahiliry shall be joint and several where there are multiple Owners of the Unit. The 6ability is
absolute and unconditional. No Owner is exempt from ]iabitiry 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 clairn 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.`
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been Jevied, Declarant may e]ect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
. occupancy or comparable City approval has been issued with respect to such Unit by the
City.
b.7.2 The provisions of Section 6.7.1 shall nat 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 i5 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.
6.7.3 Declazant's reduced assessment obligation shall appty to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issuance of a final certificate of
occupancy or comparable City approval for the Unit.
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.
b.8 Assessment Lien. The Association has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment beco�es due. If an Assessment is payable in
installrnents, the fuil 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 I), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and gerfection of any lien nnder this Section 6, and no €urther recordation of any
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notice of or�claim for the 3ien is required. The release of the lien shall not release the Owne .
from person i liability unless agreed to in writing by the Association.
6.9 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed
against a Un t under t�e taws of the state of Minnesota (i)by action,or(ii)by advertisement in a .
� like manner as a mortgage containing a power of sale. The Association, or its authorized
r��res�ntati�e, sha!! have the power to bid �n at.the foreclosure sale and to acquire, hold, lease,
mortgage, a d convey any Unit sa acquired. The dwner and any other Person claiming an
interest in t e Unit, by the acceptance or assertion of any interest in the Unit, grants to the
Association� power of sale and full auChority to accornpl.ish the foreciosure. The Association
shall, in add tion to its other remedies, have the right to pursue any other remedy at law or in
equity again t the Owner who fails to pay any Assessrnent.or charge against the Unit. �
b.10 Lien Prioritv; Foreclosure. A tien for Assessments is prior to all other liens and
encumbranc�s on a Unit except(i) liens and encumbrances recorded before this Declaration, (ii)
any first m rtgage on the Unit, and (iii} liens for real estate taxes and other govemmental
Assessment or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording o
, this Declara 'on,and (iii) the Owner of the Unit does not redeem from the foreclosure during the
� Owner's pe iod of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
! the holder o�the sheriff's certificate of sale from the foreclosure af the first mortgage shall take �
title ta the Unit subject fo a lien in favor of the Association for unpaid Assessments or
installmenis.jthereof levied pursuant to Sections S 15B.3-i 15(a), {e)(1) to {3), (f}, and (i) of the
Act which blecame due, without acceleration, during the six months irnmediately preceding the
first day foll�wing the end of the Owner's period of redernption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
� other charg s and Fees which would normally be tevied against the Common Eiements by
govemmenc� authorities, shall be allocated equally among and levied against the Units, and
shall be a li n against each Unit in the same manner as a lien for real estate taxes and real estate
special asse sments levied against the Unit alone.
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6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conveyance
of a Unit th buyer shall not be personally liable for any unpaid Assessrnents and other charges
made by the Association against the seller or the seller's Unit prior to the time of conveyance to
� the buyer, u less expressly assumed by the buyer. However, the lien of such Assessments shall
remain agai st the Unit until released. Any seller or buyer shall be entitled to a statement, in
recordable rm, from the Association setting forth the amount of the unpaid Assessments
against the nit, including all Assessments payable in the Association's cunent fiscal year,
which state ent shall be binding on the Association, the seller,and the huyer.
� SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All wners and Occupants, and ail secured parties, by their acceptance or assertion of an
interest in t e Propeny, or by their occupancy of a Unit, covenant and agree that, in addition to
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any other restrictions which may be imposed by the Act or the Governing Documents, the •
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
foll�wing restrictions and conditions:
7.1 General. The Property sha}l be owned, conveyed, encumbered, leased, used, and
occupied subject to the Governing Documents and the Act,as amended from time to tirne. All
covenants, restrictions, and obiigations set forth in the voveming Documents are in furtherance
of a plan for the Properiy, and shatl run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal 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 part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of al] Owners and a!1
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 famiiy residential dwellings, and not for transient, hotef,
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 af Units owed by Declarant) for a period of less than twelve months 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 ot otherwise, shall be conducted, maintained, or permitted in
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided, that such use (i) is incidental to the residential use; (ii) �
does not involve physical alteration or improvement oFthe Unit visible from the exterior
of the Unit; (iii) is in compliance with all governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
_ displays, unusual numbers of deliveries, or unusual levels of pedestrian or, vehicular
i 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 offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association may maintain offices on the Property for management
and related purposes. •
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7.5 Leasin . Leasing of Units shall be aliowed (subject to reasonable regulation b
the Associ tion) but only in accordance with the following conditions: (i) no Unit may e
subleased, (ii) a Unit must be ieased in its entirety (not by raom), (iii) the lease shall be i
writing,(i ) unless otherwise required in connection with the financing,guarantee,or insuring f
a Unit mo gage, and except for leasing of Units owned by Declarant, no lease shall be for
period less than �uelve��nths, except for extenuating sitsatiors, {v) the tease sha,t provide th t
it is subjec io the Governing Documents, the Rules and Regulations, and the Act, and that an
failure of t e lessee to comply With the terms oc such documents shall be a default under
lease, and vi) prior to�occupancy of the Unit by the lessee(s), the Association shall receive
copy of th fully-signed lease along with a written]ist of the name and telephone number of eac
Person wh�will occupy the Unit under the lease,and the absentee address of the leasing Owne .
The Assoc ation may impose such reasonable Rules and Regulations as may be necessary t �
tmplement�procedures for the leasing of Units, consistent with this Section and applicable la ,
including ut not limited to{i}a requirernent for a form addendum to be attached to each lease t
assure that e rights and authority of the Association and Owners and Occupants are recognize , '
and (ii) a tequirement for the screening of lessees through a reputable, professional screenin
organizatio�i; provided,that such screening shall not violate federal, state,:or local discriminatio
laws.
7.6_� Deleg,ation of Use. An Owner's right of use and enjoyment of the Unit shall b
automatica ly delegated to other persons living in the Unit pursuant fo a legal right of possessio ;
provided, t at such persons shall be subject to the Governing Documents and the Rules an
Re�ulation . Unless otherwise auihorized in writing by the Board, if persons other than th
Owner or .he Owner's family (e.g., lessees) have been given the legal right to possess th
Owner's U it, then those persons shall have the right to use any recreational faciIities, parkin ,
stora�e, an other ameniUes available by reason of.occupancy of the Unit in lieu of the Owne
and the O ner's family. � .
� 7.7 Parkin . There are ninety-five Common Element vehicle garage stall �
(collectivel the "Stalls," and individualty a "Stall") in the lower level of the Building. Th '
StaEls and ther parking spaces on the Property shalJ be used only for parking of vehicies owne
or leased y Owners and Occupants, and such other incidental uses as may be authorized i
writing by,the Associadon. A Stall shall nat be converted to other uses or used for storage o
other purp ses which would prevent the parking of a mid-size automobile in the Stall, except a ;
authorized�in writing by the Association. The use of the Stalls, other parking spaces, an �
driveways n the Property, and the types of vehicles and personal property permitted thereo ,
shall be su ject to regulation by the Association, including, but not limited to, the right of th
Associatio to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operation an
transfer of he Stalls shalE be administered, in accordance with this Section 7.8. The followin
conditions �nd restrictions shall govem the assignment, use,and transfer of the Stalls.
' 7.8.! The initial assignment of a Stall to a Unit shall be made by the Associatio
as irected by Declarant at the time flf the first conveyance of the Unit by Declarant
Up n the closing of the initial sale of a Unit, the Association shall, as directed b
Dec arant,assign to the Unit the exclusive right and license to use at least one Stalt. Eac
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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 alt Units owned by Declarant have �
� been conveyed, any unassigned StaIls 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 assignment by the Association to Owners or Occupants,as determined by the
' Board. The Association may, after Declarant�no langer awns any Unit,sent or atherwise
� assign any unassigned StaIls to Owners or Occupants. .
7.3.2 The use righis with respect to each Stall shall be deemed to be licensed
� exclusively to the Owner of the Unit t�which the Stall is assigned. The Association sha13
maintain records identifying the Stalls, the Units to which they are assigned, the names o#'
the Owners of the Units, and the dates af assignment and any reassignments. 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 shafl not.
unilaterally reassign any Stall assigned to a_ Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Stall shall remain with the Unit to which is it assigned unti] the license
is transferred in accordance with this Section 7.8.3. Subject to Sectian 7.8.2, a Stall
license may be transferred to another Unit,but only by first delivering to the Association
(i} a written transfer certificate, rn 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 Statl. The Association shall review the proposed transfer
• certificate for compliance with this Section 7 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The Iicense 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 �.8. In the absence of a properly executed assignment to
the conuary, the ]icense to use a Stall assigned to a Unit at the time af the Unit's �
conveyance shali be automatica�Fy assigned wifh 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 the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignrnent, transfer, or purported transfer f •
any�interest in a Stali in vioiation of this Section 7.8 shalt be void:
, 7.8.7 The use of the Stalis, and the size and types of cars and other motorize
veh cles which may he kept in a Stall, are subject to Ru[es and Regulations as approve
fror�time to time by the Board. - �
7.a ' Stara�e Spaces. There are ninery Cornmon EIement storage spaces located in th
lower leve� of the Building {collectively the "Siorage Spaces," and individually a "Storag
S pace") he assi gmnent of the Stora ge S paces, and the o peration and transfer of the Stor a g
Spaces, sh 1 be administered in accordance with this Section 7.9. The following conditians an
restrictions�hall govern the assignment,use,and transfer of the Storage Spaces.
� 7.9.1 The ini#ial assignment of a Storage Space to a Unit shall be made by th
Ass�ciation as directed by Deciarant at the time of the first conveyance of the Unit b ;
Dec arant. Upon the closing of the initial sale af a Unit,the Association sha11, as directe
by�eclarant, assign to the Unit the exclusive right and license to use at least one Storag
Spa e. Each Storage Space assigned by the Association shall be deemed to be license
and gssigned by the Association to the Unit to which it is assigned. After all Units owne
by�eciarant have been conveyed, any unassigned Storage Spaces shall be deemed to
assi ned to the Association. The Association may, after Declarant no longer owns an
Uni rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
� � 7.9.2 The use rights with respect to each Storage Space shall be deemed to b
lice sed exclusively to the Owner of the Unit to which the Storage Space is assigned .
T'he ssociation shall maintain records sdentifying the Storage Spaces, the Units to whic
they are assigned, the names of the Owners of the Units, and the dates of assignment an
any reassignmenEs. A written certificate of Storage Space assignment {the "Storag
Cert ficate") shall be signed and dated on behalf of the Association and made availabl
for elivery on the date the Owner acquires titie to the Unit to which the Storage Space i
assi ned; provided, that the Owner has been assigned a Storage Space. The Associatio i
sha1�1 not unilateraEly reassign any Storage Space assigned to a Unit.
7.9.3 A Storage Space license shall remain with the Unit to which it is assigne
until the license is transferred in accordance with this Section 7_93_ .Subject to Section
7.9. , a Storage Space may be transferred to another Unit, but only by first delivering to
the ssociation (i) a written transfer certificate, in a form approved by the Association,
sign d by the transferor and transferee, and (ii) aIl prior Storage Certificates and copies
therelof, issued with respect to the Storage Space. The Association shall review the
prop sed transfer for compliance with this Section 7.9 and, if the transfer complies, the
Asso�Ciation shail transfer the license on its records to the Unit owned by the transferee
and ssue a new Storage Certificate to the transferee. The license to use the Storage
Spac shall remain with the Owner and Unit to which it is transferred until the ticense is
trans erred in accordance witti this Section 7.9. In the absence of a properly executed
assig' ment to the contrary, the license to use a Storage Space assigned to a Unit at the
tirne of the Unit's conveyance shall be automaticalty assigned with the conveyance of
title the Unit.
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7.9.4 An Owner may rent or allo�v 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 respect to, the Storage Space assigned to that Qwner's Unit, and shall promptly
provide a copy of the lease or use agreement to the Association. The Association may
hold, reassign the licerese for, or rent, a Storage Space assigned to it in the same manner
as an Owner, except for the Storage Spaces reserved for use by Owners. , ,
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured parcy's interest acquired in the event af 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
Storage 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 authority to regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers), cats, smail 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.!0.i 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 Goveming Documents.
7.I0.2 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.]03 Pets shal! not be allowed to make an unreasonable amount of noise, or to
become a nuisance or a threat to ttre safety of Owners,Occupants,and their guests.
7,10.4 Pets shall be housed only within Units, and not within the Common
Elements. No stnecture, fence, or enclosure for the care, housing, or confinement of any
pet shall be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.]0.5 Pets shall be under control of an aduft individual at all times when outside
of the Unii.
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� 7.10.6 Owners and Occupants keeping pets within their Units are responsible f r •
: the pet's behavior and for complying with municipal pet Iaws, ordinances, d
� re iations. An Owner is liable to the Assaciation for the cost of repair of any damage
the Property,or the damages and expenses associated with any gersonal injury,caused y �
• an animat (i} kept by that Owner on the Aroperty, (ii) kept on the Property by . -
Oc upant of that Owner's Unit,or(iii) brought upon the Prooerty by a guest or invitee f .
tha Owner or that Occupant. The owner of that animal {ii not that Owner)shall also e
lia le for such costs,damages,and expenses.
7.i Q.7 The Board shall have authority to determine in its sote and absolu
dis retion whether a particular pet shall be permanently removed from the Proper�y base
updn the pet's behaviar or the failure of the pet's owner to comply with(i)this Section ,
(ii)�, applicable governmental restrictions, laws, or ordinances, or (iii) any addition i
res�rictions approved by the Board; provided, that such removal shall be subject t
Section 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner for
faii re to comply with any pet restrictions shall be an Assessmeni against the Owner's
Un t.
7.1 Ouiet Enjoyment; Interference Prohibited. Subject to Section 7.16, all Owne
' and Occup nts and their guests shall have a right of quiet enjoyment in their respective Unit ,
subject to he rights of other Qwners and Occupants to reasonable use of their respective Uni
and the us al and customary sounds generated thereby given the multi-family, apartment-styl
structure o the Building. Taking into consideratian the nature of the Building stsvcture, Owne
and Occup nts and their guests shal] use and occupy the Property in such a manner as will n t
cause a nu sance or disturbance, nor unduly restrict, interfere with or impede the use and qui t
enjoyrnent f the Property by other Owners and Occupants and their guests. �
7_1 Comoliance with Law. No use shall be made of the Property which wouid violat
any then e isting municipal codes or ordinances, or state or fedecal iaws and regulations, n
shall any ct or use be permitted which could cause waste to the Property, cause a materi I i _.
increase in insurance rates on the Property, or otherwise cause any unusuat liability, health o j
safety risk,lor expense, for the Association or any Owner or Occupant. �
7.1� Alterations. Except for those made by Declarant in consideration of its initial sal
of a Unit a#�d except as otherwise provided in Section 8, no alterations (as defined in Section 8
shall be m�de, or caused or allowed io be made, in any part of the Common Etements, or in an
paR of the Unit which affects the Common Elements or another Unit, or which is visible fro
the exterio of the Unit, without the prior written authorization of the Board, or a committe
appointed y it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit an
physica] ch nges to his or her Unit that could jeopardize or impair the weather-tight soundness o
safety of th Building, or any Building system, or other improvement ]ocated on the Property; o
(ii) interfer with any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparahle •
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
material threat to the Pioperry or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, withauf notice and at any time, by an officer or
member of the Board, by the Association's management agents, or by any public safety
personnei. Entry is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
7.16 Public Works Facilitv. The City's pubIic works facility(the"Facility"} is located
directly to the west of the Property. The Facility is.used by the City for, among other ihings, 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.I7 Storaee. Subject to the provisions of Section 7.9, personal properry may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
lower level of the Building,may not be obstracted, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage,
. 7.18 Prohibited Conduct. No Owner or Occupant shall{i}cause or permit any physical
changes to their Unit or the Common Elements that could jeopardize or impair ihe weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii) interfere with any easement; (iii) instalt or permit the installation of hard surface
floor coverin.bs within their Unit withaut the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which coutd affect or
damage the sound barriers or sound attenuation materials instatled on or within the ceilings,
floors,or walls of the Units without the prior written authorization of the Board.
SECTION S �
ARCHITECTURAL STANDARDS
8.l Restrictions on Improvements. One of the purposes of this Declaration is to
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structurally sound. Therefore, except as set forth in.Section 8.5, the foilowing restrictions and
requirements shal! apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether Eemporary or permanent,
stnzcturat, aesthetic, or otherwise (colIectively referred to as "alterations," and
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indi�vidually a "alteration"), includin , but not limited to, an structure, buildin I�, '
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add tion, deck, patio,fence,wall, enclosure, window, exterior door,antenna or other typ
of ending or receiving apparatus, sign, flag, display, decoration, color chang ,
s bbery, material topographica]or landscaping change, or any other exkerior alteration
, to 0 of a Unit or a Limited Common Element, shall.be made, or caused or allowed to b
- na e, by any Owner ar�ccupant,or�heir invitees, in any Yart of the C�mmon Elemen ,
or i any part of the Unit which affects the Common Elements or another Unit, or whic
is v;sible from the exterior of the Unit, unless and until the plans and specification�
� sho�lving the nateire, kind, shape, height, calor, materiais, and locations of the alteration
shal have been approved in writing by the Board or a committee appointed by it. I
add'tion, Declarant's written consent shakl also be required for alterations until Decla
no 1 nger owns a Unit for initial sate.
8.1.Z The Board may appoint, supervise, and disestablish an architectu
co ittee, and specifically delegate to it part or all of the functions which the Boar
exe cises under this Section 8, in which case the references to the Board shall refer to th
arc itectural committee where appropriate. The architectural committee shall be subje
to t e supervision of the Board.
8.1.3 The Board shal] establish the criteria for approval of alterations, whic'
shal� (i) adequately protect the Property, the Association, and the Owners and Oecupants
; fro liability and ]iens arising out of the proposed alterations or any construction activi
in onnection therewith, and (ii) cornply with all governmental laws, codes, an
reg lations. The criteria for approval of alterations shalt include and require, at
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m�n�mum:
8.13_1 substantial uniformity of coior, location, type, and design i
relation to existing structures and topography,
8.!.3.2 comparable or better quality of materials as used.in existin
improvements on the Property, � � �
8.(.33 ease of maintenance and repair, j
8.1.3.4 adequate protection of the Property, the Association, the Owners
and the Occupants from liability and liens arising.out of the proposed alterations,
I 8.1.3_5 substantial preservation of other Owners' sight lines, if material
and
8.1.3.� compiiance with governmental laws,codes,and regulations.
8.1.4 The Board, or the appointed architectural committee if so autharized b
the Board, in its sole discretion, may irnpose standards for design, appearance, o
con truction which are greater or more stringent than standards prescribed by th
Go erning Documents, or by building, zoning, or other governmental laws, codes, o
. re lations; provided, that such standards shall be consistent with the architectura
cha acter and use of the Property as planned and developed by Declarant. "I'he Board, o
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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 architectural style and uniformity, the quality and value of the Property,and I
(ii) to protect the .Assaciation and the Owners from undue liab:lity arising oui of th�
aIterations or any construction activity in connection therewith.
8.i.5 Alterations may be made in compliance with Section S 15B.2-I 13 of the ,
Act, and relocation of the boundaries of the Units may be made in compiiance with
Section S 15B.2-114 of the Act.
8.1.6 Approval of alterations that 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 respecc to which the alterations are
approved, notwithstanding any contrary requirement in the Goveming Documents or the
Act. A fite of the resolutions approving all alterations shali be maintained permanently
as a part of the Association°s records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Sect'ron 8: .
8.2.1 Detailed plans, specificatians, and related information regarding any �
proposed alteration, in form and content acceptable to the Board,shal)be submitted to the .
Board (or the committee)and to Declarant(as long as Declarant is the owner of a Unit) at
least sixry days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Board(or the committee) and to Declarant(as long as Declarant is the
owner of a Unit) shall give the Owner written notice of approval or disapprovaf. if the
Board (or the committee) and 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 atl other information requested by the Board (or the committee) and to
Declarant (as long as Dec[arant 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. �
I •
8.2.3 If no request for approval is submitted, a.pprova! shail be deemed to be
I denied. .
' 8_3 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and sha11 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 shali be a lien against each af 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 952R I.1 l 20
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of the Buil ing or that Unit to the prior condition if any alterations were made in violation of th s •
Section 8, nd the cost of such restoration shall be a personal obligation of the Owner and a]i
againsi eac of the Owner's Units.
8.4 Owner Resvonsibility/Indemnity. An Owner who causes an alteration to e
� made, rega'dless af whether the,al�eration is aporoved by the BQard, shall be responsible for
� constructio work and any claims, damages, iosses, or liabitities arising out of the alteratio .
The Owne , and not the Association, is responsible far determining whether any alteration is i
violation o any restriction imposed by any governmental authority having jurisdiction over an
portion of t�e Property. The Owner shall hold harmiess, indemnify,and defend the Associatio ,
and the As ociation's officers, directors, committee members, and management agents, from an
against an expenses, claims, damages, losses, or other liabilities, including without limitatio
attomeys' ees and costs of litigation, arising out of (i) any atteration which violates an
governmen al Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of th
specificatio s or standards for construction of the alteration, and (iii) the construction of th
alteration.
8.5 ' Exemotians. The requirements set fonh in this Section 8 {except Section 8.4
shall not ap�ly to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in connectio
witl�its sale of Units.
' 8.5.2 The instailation of ti�e following antennas within a Unit or within
Lim�ted Common Element, as permitted by applicable law: (i) one antenna one meter o
less''in diameter for the purpose of receiving direct broadcastlsatellite service or vide
pro ramming services, or (ii) any antenna for receiving television broadcast sigoals
� Ho ever, the Board or a committee appointed by it, may require that the antenna b .
inst�led so as to minimize its visibility from the front of the Unit and otherwis
cam uflage its appearance, uniess such requirements would violate applicable law. Th
Boa d shall have authority to impose further, reasonable related requirements consisten
with law. The Owner or Occupant of the Unit shalt perform and pay for the instaliation
mai tenarice, and repair of the installation. . i
i
8.53 Alterations permitted by the Rules and Regulations.
SECTION 9.
MAINTENANCE
9.l ' Maintenance bv Association. Subject to Secti�n 9.2,the Association shall provide
for all mai tenance, repair, and replacement (collectively referred to as "rnaintenance" or
"maintain") of the Common Elements and the Limited Common Elements, in accordance with,
and subject 'o,the following qualifications:
� � � � �
9. . The cost of cna�ntenance of a Limrted Common Element required to.be
und�aken by the Association shall be assessed against each Unit to which the Limited
Co on Element is allocated. The Association may assign to an Owner the obligation
MPLS-Word 95Z8 .I I 2 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, Ehe Associatian may
enter the Limited Common Element and tne 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
C�mmon Element for purposes of per#'erming said m�intenance.
9.12 The Associatian shatl 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.I.3 If darnage to the Common Elements, the Limited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any candition 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 correci 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 assignment 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 ofthe Property.as seen from outside the Unit:
9.].5 The Association also has the obligation to maintain the Common Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for
Stonebay recorded in the office of the County Recorder in and for HervZepin County,
Minnesota,on July 29, 2004,as Document No_ 8406752. Pursuant to that Declaration of
Easemenu, Restrictions and Covenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway l�ing within the Common Elements.
9.2 Oational Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approval of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written ballot, undertake to provide
maintenance to parts of the Units. �
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Responsibilitv. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and rep�acement as follows: .
MPLS-Word 95231.1 I 2Z
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, 9.4.1 To maintain all poRions of the Owner's Unit in good, clean, and sanit •
con ition, and to maintain the Limited Common Elements allocated to the Owner's Un�
to t e extent assigned to the Owner under Section 9.1.t. The Association may require th �
the Owners perform their maintenance obligations in accordance with standard
esta lished by the Association.
9.42 To per;orr,1 the foregoing maintenance obligations in such ma;�,-�er as n �
to �amage the Properiy, or unreasonably disturo or cause a hazard to other Person
_ occ pying or using the Property.
The Association may, with the a�prova] of the Members, undertake an
mai tenance of a Unit which the responsible Qwner fails to or improperly performs, an
� assass the Unit and the Owner for the cosC thereof. No such approval shall be necessa
if t e Association has the authority under the Governing Documents to perform suc
rnai tenance. Such cost shall be a personal obli�ation of the Owner and a lien against th
Ow er's Unit. Owners and Occupants shall promptly notify the Association of defects i
or amage to those parts of the Property which the Association is obligated to maintai .
The Board may require that the Qwners perform their maintenance obligations i
acc�rdance with standards established by the Association.
9.5 Waste of Common Utilities or Commonlv Metered Utilities. An Owner o
Occupant f a Unit shall not cause waste, or unreasonable use, of common utilities or utilitie
that serve t e Unit but which are commonly metered. In the event the Association determine
that such ste or unreasonable use is occurring, the Association shall have the authoriry to lev
against the Unit (under Section 6.4, or otherwise}, and charge to that Owner; the costs, charge
and fees (�hether billed by the utility provider, or otherwise) associated with that waste o
unreasonab�e use. Such costs, charges,.and fees shall be calculated by the Association usin
reasonable methods. Notwithstanding any provision to the contrary in this Declaration, th �
Associatio may repair or correct any condition (and enter upon any Unit and Limited Commo
Element to do so) causing the waste or unreasoc�able use. The cost of the repair or correctio
may, at the Baard's discretion, be assessed against the Unit, and may, at the Board's discretio
be the pers na! obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes ta the Propertv. Except as permitted by this Declaratio '
no Owner r Occupant sha11, without prior written authorization from the Board in accordanc
with Sectio 7.12:
9.6.] Cause or permit any physical or aesthetic changes or alterations, whethe
tem orary or permanent, to be made to a Unit or the Common Elements, if such chang
or 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 Commo �
Ele ents that could jeopardize or impair the weather-tight integrity, safety or sovndnes
of ny part of the Property, any system or equipment on or within the Property, or an
oEh r improvements located on the Property.
• 9.6.3 Lnterfere with or otherwise impair any easement.
MPLS-VVord 95 81.1 I 23
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9.7 Dutv 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.$ Damaae Caused bv Owner_ Notwithstanding any provision to the contrary in this
�Declaration, if, in the judgment qf the Association, tfie need for maintenance of any part of the
Pr�perty is caused by the willfu4 or negligent a�t or omission af an Owner or�?cc�apant,the guest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner ar
the Occupant has wi�ifuliy 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
Elemerit to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shali be a personal obligation of the Owner and a lien
against that Owner's Unit.
SECTtON 10
1NSURANCE _
10.1 Re�uired Coveraee. 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 requirements se# forth herein issued by one or more than
one reputable insurance company authorized to do business in the state of Minnesota,as follows:
f 0.1.1 Property insurance in�broad form covering all risks of physical loss in an
amount equal to one hundred percent.of the insurable"replacement cost".of the Property,
exclusive of {i}deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage (but including all building service equipment and machinery). •
� The Associatiori, at its 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 instal]ed, and any items referred to in Section '
515B3-113(b)(i) through (vii) of the Act, but must do so if required by the Federal , , !
. National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of Veteran's Af�'airs{"VA"). The policy or policies shall cover personal property owned
by the Association. The policy or poiicies shall aEso contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and limits with raspect to the foregoing
and other hazards as may be required from time to time by-the regulations of the FHA,
VA, FNMA or FHLMC as a preconditian to their insurir�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, inctuding 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 coverin� the use, operation, and
maintenance of the Common Elements, with minimum limits of one mi]lion dollars per
MPLS-Word 95281.11 24
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occ�krrence,against claims for death, bodily injury,property damage, and such other ris '
as a e customarily covered by such policies for projects similar in construction, ]ocatio
and use to the Property. The policy shall contain a "severability of interest"endorseme t
whi h shall preciude the insurer from denying the claim of an Owner or Occup t
bec�nse af negligent acts of the Association or other Owners or Occupants. 'The polic
s:al include such additiona! endorsements, coverages and limits with respect ta suc
haz rds as rnay be required by the regulations of the FHA, VA, FNMA, or FHLMC as
pre ndition to their insuring,purchasing,or financing a mort�age on a Unit.
!0.1.3 Fidelity bond or insurance coverage against dishonest acts on the part o
dire tors, officers, rnanagers, trustees, employees, or persons responsible for handlin
. fun s belonging to or administered by the Association, if deemed to be advisable by th
Boai-d or required by the regulations of any financing-related institution as a preconditio
to t e purchase, insurin6, guarantee, or financing of a mortgage on a Unit. The fideli �
bon ar insurance shall name the Association as the named insured, and shal] compl
wit the regulations of the FNIVIA, FNLMC, FHA or VA, if required by one of suc
� age cies as a precondition to the purchase, financing, insuring, or geiarantee of
mo gage on a Unit. An appropriate endorsement to the policy to cover any persons wh
' serv without compensation shall be added if the policy would not otherwise cove
vol nteers, or a waiver of defense based upon the exclusion of persons serving withou
compensation shall be added.
10.1.4 Workers' Compensation insurance as applicable and required by law.
' 10.1.5 Directors and offcer liability insurance with such reasonable limits an
cov rages 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 b
in tHe best interests of the Association and the Owners.
10. Premiums; Improvements; Deductibles. Except as provided in Section 6_4, al
insurance remiums shall t�e assessed and paid as part of an annual Assessment. I
improveme ts and betterments to the Units are covered by the Association's property insurance
any increas d cost may be assessed against the Units affected. The Association may, in the cas
of a claim r damage to one or more than one Unit,(i)pay the deductible.amount as a Commo
i Expense, (i ) assess the deductible amount against one or more than one Unit_ affected in an
reasonable anner, or (iii) require the Owners of one or more than one Unit affected to pay th
deductible mount directly. The Association's decision as to who shal] be charged with payin
the deducti le amount may, but need not, be based on fault. Notwithstandin� anything to th
contrary in his Section ]0, the Association may, in the case of claim against the Association'
property in urance',assess the deductible amount against all of the Units equally in the event tha
the deducti le amount is calculated by the insurance company based upon the percentage of th
value or co t(replacement or otherwise)of one or more than one Unit or Building.
10.3 Loss Pavee; �nsurance Trustee. A[1 insurance coverage maintained by th
Associatian shall be written in the name of, and the proceeds thereof shall be payable to, th
Association (or a qualified insurance trustee selected by it) as trustee for the benefit of th
MPLS-Word 95Z I.I 1 25
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Owners and secured parties which suffer loss. The Association,or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and collect upon any claims or losses �
under any insurance policy maintained by the Association. '
� '
�
I' 10.4 Reguired Policv Provisions. Atl policies of property insurance camed by the
Association shail provide, if practicable;that: '
10.4.1 Each Owner and secured party is an insurzd Person under the policy with
� respect to liability arising out of the Owner's interest in the Common Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any I
Owner or member of the Owner's household and against the Association and members of I
I the Board.
� 10.4.3 The coverage shall not be voided by or conditianed upon (i) any act or
omission of an Owner, un[ess acting within the scape of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
controL
I
L0.4.4 If at the time of a loss under the policy rhere is other insurance in the name
� of an.Owner covering the same property covered by the policy, the Association's policy
is primary.
10.5 Cancellation• Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall nat be canceled or substantially modified, for any reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary insurance where there is other insurance in the name of the Owner covering the same ,
property, and may not be brought into contrihution with any insurance purchased by Owners ar
their mortgagees. � ;
lOJ Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "gap covera�e"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
properry and personal iiability, and covering insurance deductibles that may be levied by the
Association 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[he certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 95281.i I �6
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SECTION 11 •
ECONSTRUCTIOi'V, CflNDEMNATION,AND EMINENT DOMAIN
11.1 Reconstruction. The obli�ations and procedures for the repair, reconstruction, o �
disposit;on f the Praperty following damage or destruction thereof shall be governed by the Ac
Any repair r reconstruction shall be commenced as soon as practicable afrer the casualty an
shall be su stantially in accordance with the plans, specifications, and design af the Pxoperty a
initially co structed and subsequentiy improved. Notice of su�stantial darzrage or destructio
shall be giv n as provided in Section 15.10. I
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of th
Property by condemnation or eminent dornain, the provisions of the Act shall govern; provided
{i) that noti e shali be given as provided in Section 15.10, (ii) that the Association shall be th
attomey-in- act to represent the Owners in any related proceedings, negotiations, settlements, o
agreements, and (iii) that any awards or proceeds shall be payable to the Association for th
benefit of t e Owners and the mortgagees of their Units_ Eligibte Mortgagees shall be entitled t �
priority for 'ondemnation awards in accordance with the priorities established by the Act and th �
Goveming ocuments,as their interests may appear.
, 11.3 Termination and LiQuidation. The termination of the Condominium, and th
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of fund
shall be ba ed upan the value of the Units as determined by their retative value for prope .
insurance p rposes, and shatl be made to Owners and their mortgage holders, as their interest
� may appear,l as provided in the Act.
11.4 Notice. The Association shall give written notice of any condemnatio
proceedings or substantial destruction of the Property to the -Eligible Mortgagees entitled to
notice unded Section I 5.10. �
�
11.5 Association's Autharitv. ln all cases involving reconstruction, condemnation, '
eminent do ain, �termination ar liquidation of the Condominium, the Association shall have
authority to act on behalf of the Owners in all proceedings, negotiations, and settlement o
claims. A11 ' roceeds shall be payable to the Association to hold and distribute for the benefit o
the Owners nd their mortgage ho]ders,as their interests may appear,in accordance with the Act
I
! SECTION l2
EASEMENTS
, The ollawing appurtenant easements and rights are hereby granted,canveyed, dedicated,
and reserve on,over, under,and across the Property, as applicable.
12.1 Utiiities, Services, and Operatin� Svstems. The Common Elements and the Units
shall be subj ct to and benefited by nonexclusive easements in favor of the City, the Association
and all utilit� companies and other service groviders for the installation,use, maintenance, repair
and replace ent of all utilities, services and common aperating systems, such as natural gas,
electricity, ble TV, security, telephone and other electranic communications, water, sewer,
MPLS-Wocd 9528 .I] 27
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septic systems, wells, and similar services, fire control systems and other common operating -
systems, and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association under authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners
and Occupants thereof, shall also be su�ject to and benefited by a non-exclusive easement in
favor of the other L)nits, the Common Elements, and the Assaciation for all such utilities, �-"
services, fire control systems, and ather common operating systems. Utilities and related
services or systems shall be installed, used, maintained, and repaired so as no# 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 Bvilding, the Units,or the Common Element improvements. �
.
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��
Owners and Occupants therein, sha1F be subject to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of 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 shall exist for the encroachment, for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Impravements or alterations added pursuant to Section 7.13 shall, be limited to minor
� encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as fequired by this Declaration,� Such easements shall
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Stractural Support Easements. Each Unii and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements far structural support in all walls,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
I 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 Docvments 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 Deciaration of Easements (Roadway Access)
recorded in the office of the Counry Recorder in and for Hennepin County, Minnesota, as
Document No_ 0 75 That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is�ranted.
12.5 Inst�ection, Maintenance, Repair, Revlacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, sha)t be subject to and benefited by the nonexclusive easements in favar of
the Association, its abents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Common Elements, the Units, and other improvements located within the
MPLS-Word 952RL11 Zg
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Units, and t�e utilities serving the Units, to the exteni necessary for the Association to fulfill it �
obligations '';under the Governing Documents or for Deciarant to investigate or undertake it
warranty o ligations. Each Owner shall afford to the Associatian and its management agent�
. and emplo}�ees, access at reasonable times and upon reasonable notice, to and through th
Owner's U it and its Limited Comrnon Elements for inspection, maintenance, repair, an
replacemen; provided, that access to the Unit.and its �,irnited Common Elements may be ha
without not e and at any time in case of emergericy. '
12.6 Public Safetv and Health Access. There are nonexclusive easements in favor o
the City an other applicable governmenial authorities or agencies as shall from time to tim
have jurisdi tian over the Property, on and across drives, walkways, parking areas, and othe
open space areas of the Property for reasonable access to perfortn.such duties related to la
enforcemen fire protectian, life safety, health, and sanitation as are reasonably required fro
time to tim� Such easements shall include access through and into the affected Units an �
Limited Co mon Elements in the.case of an emergency.
12.7'I Emer�encv Access. In case of emergency or perceived threat to public health o
safety, all i�Jnits and Limited Common Elements are subject to an easement in favor of th
Association Ifar access, without natice and at any time, by an officer or member of the Board, b
the Associa ion's management agents, or by any public safety personnel. The Board may requir
that an Owr�er or Occupant leaue keys to the Unit with another Owner of the Owner's choice, o
with the A ' ociation, and.to advise the Association's management agent or the Board of th
locations o the keys, so as to allow access for emergencies when the Owner or Occupant i
absent from the Property for extended periods.
12.8 Recorded Easements. The Property shall be subject to such other easements as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting o
burdening t e Property shall be construed in a manner consistent with, and not in conflict with,
the easemen s created by this Declaration. Such recorded easements include, but are not licriited
ta, that cert in Declaration of Easements, Restrictions and Covenants for Stonebay recorded in
the office o the County Recorder in and for Hennepin County, Minnesota, an July 29, 2004, as
Document o. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenants,
the Pissocia �on has the obligation to maintain those unpaved portions of Kelley Parkway lying
within the C mmon Elements.
� � i
12.9 DrainaQe Easements. The Cornmon Elements shall be subject to nonexclusive
easements f r storm water drainage in favor of the Owners and Occupants for reasonable starm
water draina e, and other normal site drainage, over those parts of the Common Elements which
may be desi ed, improved,or graded for such purposes. '
i 2.1 Use and Eniovment Easements. There are nonexclusive easement� in favor of the
Owners and pccupants of the Units for use and.enjoyment on and across the Common Elements,
and for excl sive use and enjoyment of any Limited Comcnon Elements allocated to the Unit,
subject to a y restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulati ns_ :
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12.11 Declarant Ri�hts and Easements. The Units and the Common Elements are �
subject to exclusive easements and rights in favor of .�iecIarant for the exercise of its declarant
rights as described in the Governing Documents,and far 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 Building maintenance ,
requirements are being followed. � _
12.12 Duration, Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shall run with the land uniess otherwise expressly indicated,
and shall be subject to the following qualifications:
12.12.1 The easements shall supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
12.122 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.
t 2.12.3 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.
12.12.4 No Person shall rnaterially restrict or irnpair any easement benefiting or
, bvrdening ,the Property, or any equipment or improvements relating to the easement,
subject to this Declaration and the right of the Association to irnpose reasonahle Rules
and Regulations governing the use of the Property.
12.12.5 No improvements shall be erected or maintained, no excavacion, .
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 shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) prompily repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail costs incurred by it €or 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 o.ut of the exercise of the easernent
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Declarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Common Elements be and remain priyate property
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su 'ect to operation and regulation by the Association, and that the Units be and rema n "
pri ate property subject to operation and regulation by th� respective Ownecs there f
an or the Association,as applicable, all in compliance with the Governing Dacuments.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exerci e ,
-y of its righ� under this Declaration, and except for the Board in the exer;.ise of authority grant' d _
by the G�verning Documents, no Ferson shall create, grant, or convey any easement r
comparabi� rights apon any portion of the Propecty without the prior written approval of t e
Board;prc�vided, that the Board shall authorize an�wner to grant an easement over the Owner s
Unit if(i) Ithe easement will not adve,rsely affect the Common Elements or another Unit and ('i)
the easem�nt is consis#ent with the overall design and plan for the Property as established y
Declarant nd approved by the City.
12 14 Continuation and Scove of Easements. Notwethstanding anything in t is �
, Declarati� to the contrary, no Owner or Occupant shall he denied reasonable access to his r
her Unit r the right to utility services thereto. The easements set forth in this Section 12�sh lI
suppleme�t and not limit any easements described elsewhere in this Declaration or recorded, a d
shall inclu�de reasonabie aecess to the easement areas through the Units and the Comm n
Elements �or purposes of maintenance, repair, replacement, and reconstruction. All easem t
rights shall include a right of reasonable access to maintain, repair, and replace the utiliry lin s
and relate�equipment.
S�CTION 13
COMPLIANCE AND REMEDIES �
Ea�ch Owner and Occupant, and any other Person owning or acquiring any interest in t e
Property,i shal'1 be governed by and comply with the provisions of the Act, the Governi g
Documen s,and the Ruies and Regulations, and such amendments thereto as may be made fr m
time to t�me, and the decisions of the Association A failure ta comply shall entitle e �
Associati n to the relief set forth in this Section, in addition to the rights and remedies authori d
elsewhere�6y the Goveming Documents and the Acf;'
1 .! Entitlement to Relief. The Association may commence Iegal action to reco er
sums du�, for damages, for injunctive relief or to foreclose a lien owned by �it, or a y
combinat on thereof,or an action for any other reiief authorized by the Governing Documents or
available�at law or in equity. Legal relief may be.sought by the Association against any Own r, '
or by an Owner against the Association or another Owner, to enforce compliance with he
Governin� Documents, the Rules and Regulations, the Act, or the decisions flf the Associati n.
However no Owner may withhold any Assessments payable to the Association,or take(or o it)
other acti�n in violation of the Governing Documents,the Rules and Regulations,or the Act,a a
measure o enforce such Owner's position,or for any other reason.
1 2 Remedies. in addition to any other remedies or sanctions, expressed or impli d,
adminis�tive or legal, the Association sha11 have the right, but not the obligation, to implem nt
any one r more of the following actions against Owners and Occupants and/or their guests, ho
violate th�e provisions of the Governing Docuinents,the Rutes and Regutations, or the Act: �
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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
following the month for which the Asses�ment or instaltment was due.�
13.2.3 in the event of default of more than ihirty days in the payment of any
Assessment or installment thereof, al� remaining insfallments of Assessments assessed
againsi the Unit owned by the defaufting Owner may be accelerated and shall then be
payable in full if all delinquent Assessments or instal]ments thereof, together with a(1
attorneys' fees, costs of collection, and iate charges, are not paid in full prior to the
effecteve date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shatl be given to the defaulting Owner_ .
13.2.4 Impose reasonable fines, penalties, or charges far 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 ro
Limited Common Elements or those portions of the Comrnon Elements providing utilities
service and access to the Unit. Such suspensions shatl 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 vioiation of the Governing Doeuments, and to assess the cost
of such restoration against the responsible Owners and their Units. 1fie Association shall
have an easement to carry out its authority under this Section 13.2.6.
13.2.7 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]ikely 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 improvements which are a par[of a Unit may
be altered or rernoved only pursuant to a court order or with the agreerrzent of the Owner.
The Association shall have an easement ta carry out its authority under this Section
13.2.7.
13.2.8 Foreciose any lien arising under the provisions of the Governing
Documents or under law, in the manner provided by the Act.
13.3 Ri�hts to Hearin�. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 13_2.6, or 13.2.7, the Board shall, upon written request of the
MPLS-Word 95231.t 1 32
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offending tiwner, grant to the offending Owner a hearing as contemplated by the Act and th s �
Section L3 3. The hearing may be held before the Soard or a committee of three or mo e
disinterest d Owners appointed by the Board. The offending Owner shatl be given notice of t e
nature of t e viotation and the right to a hearing, and at least ten days within which to request a
hearing. e hearing shall be scheduled by the Board/committee and held within thirty days f
receipt of he hearing r�quest by the Boardlcornmittee, and with ai least ten d5ys`prior writt
notice to t e offending Owner. If the ofiending Owner faiis to request, or to appear at, t e
hearing, th n the right to a hea�ing shall be waived and the Board/committee may take suc
action as it�d�ems appropriate. Hearings shall be conducted in a fair and equitable manner. T e
decision o the Board/committee and the rules for the conduct of hearings established by
Board/com ittee, shall be final and binding on all parties. The Board's/committee's decisio
shall be de ivered in writing#o the offending Owner within ten days following.the hearing, if n t �
delivered t�the offender at the hearing. Any fines to be irriposed.by the Association may, at t �
Board's/C mmittee's discretion,be retroactive to the date of the violation or offense.
13. Lien for Assessments, Charses, Etc. Any Assessments, charges, fines, expense ,
penalties, r interest imposed under this Section shall be a lien against the Unit of the Owner r
Occupant a ainst whom the same are imposed and the personal obligation of such Oumer in t
same man er and with the same priority and effect as Assessments under Section 6. The lie
shall attach as of the date of imposition of the remedy, but shall not be final as to violations f r
which a he�ring is held until the Board makes a written decision at or following the hearing. A 1
' remedies s all be cumulative, and the exercise of, or failure to exercise, any remedy shall not b
deemed a�aiver of the Association's right to pursue any other remedy. � �
13.� Costs of Proceedin� and Attornevs' Fees_ With respect to any eollectio _
measures, r any measures or actian, legal, administrative, or otherwise, which the Associatio
takes to e force the provisions of the Act, the Governing Documents, or the Rules an
Regulation , whether or not finally determined by a court or arbitrator, the Association ma �
assess the �Unit owned by the violator with any expenses incurred in eonnection with suc
enforceme t, inciuding without limitation fines or charges previously imposed by th .
Associatio , reasonable attorneys' fees, and interest (at the highest rate allowed by law) on th
delinquent mounts owed to the Association�. Such expenses shall also include�ny collection r
contingene� fees or costs charged to the Association by a collection ageney or other Perso
acting an b half of the Association in collecting any delinquent amounts owed to the Associatio
by an Own r or Occupant_ Such collection or contingency fees or costs shall be the person 1
obligation f the Owner and shall be a lien against the Owner's Unit.
13. LiabilitY for Acts of Owners and 4ccut�ants. An Owner shall be liable for th
expense of ny maintenance, repair, or replace�nent of the Property rendered necessary by suc
� Owner's ac s or omissions, and by that of Occupants ar guests in the Owner's Unit, to the exte t
that such e pense is not covered by the proceeds of insuranee carried by the Association or suc
Owner or ccupant. However, any insurance deductible amount and/or increase in insuranc
rates, resul ing from the Owner's acts or omissions may be assessed against the Owne
responsible 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 Liti a�tiori. Notwithstanding anything contained herein to the contrary, the
Association may not commence any:judicial or administrative action on behatf of the Owners
(other than an actian corr;menced to enforce the Gaverning Docaments or the Rules and
Reb latioris, or to defend the Association), without frst obtaining the affirmative vote of the
Owners to which ar� allocated at least sixty-seven percent of ihe votes in the Assaciation, in
person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot.
� SECTIUN 14
AMENDME]YTS �
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14.1 Anproval Requirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended anly by the approvai of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
ihe total votes in the Associarion,except as otherwise provided by the Act;and
14.13 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 required by Section I5. .
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 shal{ be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outco3ne of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for all purposes, including without limitation;the recording of the amendment.
SECTION 15
RIGHTS OF ELIGIBLE MOR'TCAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligible Mortgagees shall have the following rights and protections:
15.1 Consent to Certain Amendments. Subject to Declarant's rights under Section t5, �
the written consent of Eligible Mortgagees representing at least �fty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Goveming Documents which changes any
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provision �overning the following: (i) voting rights; (ii) increases in an annua] Assessment f '
more than twenty-five percent over the prior year's annual Assessment; (iii)Assessrnent liens, r
priority o Assessment liens; (iv} reductions in reserves for maintenance, repair and replaceme t
of Comm n Elements; (v) responsibility for maintenance and repairs; (vi) reallocation f
interests i the Common Elements or Limited Common Elements, or rights to their use; (v i)
_ redefinitio of any Unit boundaries; {viii) convertibility of Units into`Camrnon Elements er vi e
versa; (ix) expansian or contraction of the Property or the addition, annexation ar withdrawai f
property t or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposition f
. material r strictions on the leasing of Units; (xii) imposition of any restrieti�ns on an Owner s
right to se 1 or transfer his or her Unit; (xiii) restoration or repair of the Property (after a haza d
damage o partial condemnation) in a manner other than that specified in the Governi g
Document ; (xiv) any action to terminate the lega] status of the Condominium after substanti I
desvuctior� or condemnation occurs; or (xv) any provisions that expressly benefit Eligib e
Mortgagee ,or insurers or�uarantors of mortgages.
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15. Consent to Certain Actions. Subject to Declarant's rights under Seetion, e
written cor�sent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units.th t
are subjec to first mortgages held by Eligible Mortgagees {based upon one vote per Un�t
financed) hall be required to (i) abandon or terminate the Condominium; (ii) change e
allocations of voting rights,Common Expense obligations or interests in the Common Element ;
(iii) partitibn or subdivide a Unit except as perrttitted by statute; {iv) abandon, partitio ,
subdivide, encumber, or sell any Common Elements; or (v) use hazard insurance proceeds f r
other than he repair,replacement or reconstruction of the Praperty, exeept as otherwise provide
by law. �
15. Consent to Subdivision. No Unit may be partitioned or'subdivided without th
prior writt approvaI 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 otherwis
convey his r her Unit shall not be subject to any right of first refusal ar similar restrictions.
15. Prioritv of Lien: Any Person who comes into�ossession of a Unit by foreclosur
of the first' mortgage on a Unit, ar by deed or assignment in lieu of foreclosure of the fir t
mortgage n a Unit, takes the Unit free of any claims for unpaid Assessments or any othe
charges or iens imposed against the Unit by the Association which have accrued against suc
Unit prior o the acquisition of possession of the Unit by said Person; {i) except as provided i
_ � Section 69 and the Act and {ii) except that any unreimbursed Assessments or charges may b
reallocated mong all Units in accordance with their interests in the Common Elements. '
15. Prioritv of Taxes and Other Char�es. All taxes, assessrnents and charges whic
may beco e iiens prior to the first mortgage under state law shall relate only to the individua
Units and n t to the Property as a whole. �
� I5. Prioritv for Condemnation Awards. No provision of the Governing Document
shall give a Owner, or any other party, priority over any rights of the Eligible Mortgagee of th
Unit pursua t to its mortgage in the case of a distribution to such Owner of insurance praceeds o
condemnati n awards for losses to or a taking of the Unit and/or the Common Elements. Th
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Association sha]I give written notice to ali Eligible Mortgagees of any condemnation or eminent : '
domain proceeding affecting the Property promptly upon receipt of notice fram the condemning
authority.
IS_8 Requirements for Management Agreements. The term of any a�reement for ,
� professional managemer�t of the Property shall not erceed two years. Any such agreement shall _
prcvide far terminatian without per,a;ty cr terminatian 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,upon a minimum of sixty days prior written notic�. .
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or�uarantor of a mortgage loan against a Unit, shatl have the right to examine the books
and records of the Association upon reasonable notice, during normal business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other I
financial staternents. Financial statements, including thase which are audited, shal] be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutiona� guarantor or insurer of a mortgage loan against a Unit, may
require that, at iis own expense, an audit 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 Re4uirements. Upon written request to the Association, identifying the
' name and address of the holder, insurer or guarantor of a mortga�e on a Unit, and the Unit
number or address,the holder,insurer or�uarantor shall be entitled to timely written notice of:
I5,i Q.1 a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it ho3ds a mortgage;
I5.lQ.3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.1Q..4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees. �
SECTION l6
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section S 15B_(-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 Cornp(ete imvrovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise incladed in Declarant's development plans or
MPLS-Word 9528 t.t I 3b
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allowed b�this Deciaration, and to make improvements in the Units and Common Elements to '
accommo�ate the exercise of any special declarant rights.
16;2 RiQhts to Relocate Boundaries, Subdivide, Convert. or Combine Units. To i)
relocate tl�e boundaries of any Unit owned by it, or (ii) create additional Units, Comm n
� Elements, and Limited Common Elements, or any combination thereof, by the subdivisi n,
partition, donversion, or combining of any Unit or Unifs owned by it, as authorized by the A t.
The maxi�um number of additional Uniis that may be created within the Condominium pursu nt
t�this Sec�ion 16_2 is 5.
16a3 Sales Facilities. T�construct, operate, and maintain one or more than one mo el
Unit, and',other development, sales, and rental facilities within the Common Elements, a d
within an}� Units owned or leased by Declarant from time to time, located anywhere on e
Property. �
i6:�4 SiQns. To erect and maintain signs and other saies disp]ays offering the Units r
sale or 3ea�e,within any Unit owned by Declarant and on the Common Elements.
16. Easements. To have and use easements, for Declarant, Declarant's employe s,
contractor�, representatives, and agents and prospective purchasers, through and over t e
Common �lements for the purpose of exercising its special declarant rights_ �
16.� Control of Assaciation: To control the operation and administration of t e
Associatio�; including without limitation the power to appoint and remove the members of t e
Board pur$uant to Section S 15B.3-I03 of the Act, until the eariiest of: (i) voluntary surrender f
convol by, Declarant, (ii} an Association meeting which shall be held within sixty days aft r
conveyanqe to Owners other than Declarant of seventy-�ve percent of the total number of Un ts
authorized, to be included in the Property, or (iii) the date three years following the date of t e
.first convqyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, t e
Owners other than Declarant shall have the right to nominate and elect not less than thirty-thr e �
and one-thurd percent of the directors at a meeting of the Owners which shall be held within six
days follotiving che conveyance by Declarant af fifty percent of the total number of Units +
authorizedj to be included in the Property. �
1b.7 Consent to Certain Arnendments. Declarant's written consent shall be requir d
for any arr�endment to the Governing Documenis or the Rules and Regulations which directly r
indirectly�ffects Declarant's rights under the Governing Documents or the Act. '
, �
! SECTION l7
MISCELLANEOUS
17.IL Severabilitv. lf any term, covenant, or provision of this mstrument or any exhi it
attached Hereto is held to be invalid or unenforceable for any reason whatsoever, su h
determinat�on shall not be deemed to alter, affect, or impair in any manner whatsoever any oth r
portion of�his Declaration or exhibits attached hereta �
]7.� Construction. Where applicable, the masculine gender of any word used here n
shalt mea the feminine or neutral gender, or vice versa, and the singular of any word us d
herein sha] mean the plural, or vice versa. References to the Act, or any sections thereof, sha 1
MPLS-�Vord95 81.11 37
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� be deemed to include any statutes amending or replacing the Act, and the cornparable 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 to the
Act, the Association shall promptly tender the deferrse of the action to its insurance carrier, and
give Dectaraiit (i) written notice of such tender, (ii}-written natice of the specific nature of the
action,and(iii)an opportunity to defend against the action. '
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 Baard, the Associatian
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 pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
17.5 Conflicts Among Documents. In the event of any conflict among the provisians �
of tfie Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall control
unless it perrnits the docurrien#s to control. As atziong this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetuat, subject only to termination as
provided in this Declaration and the Act. . .
IN WiTNESS WH.EREOF, the undersigned has executed this instrurnent the day a �
year first set forth above. �
O.C. D VEL
By
Its �e an er �
STATE OF MINNES07'A )
) ss. •
COUNTY OF oli►�LSr )
The foregoing instrument was acknowledged before rne this��day of �v i
2007 b Arnol A �'
, y d . Zachman, the Ch�ef Manager of O.C. Development LLC, a Mmnesota
limited liability company,on behalf of said limited ]iability company,
�J `
No ublic
T'HIS INSTRUMENT'WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON &VOGT,P.A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SCOTTLKf�YNSKI . ,
(612)373-8418 NofARYPuBUC-MuatESO'tA ,.;.
h1Y CafAMISSfON IXPIRES JAN.31�2Dt0 �
MPLS-Word 95281 J t 38
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COMMON INTEREST COMMUNITY NO, 1578 u
Condominium
STONEBAY OF ORONO CONDOMINIUM
_ E�CI:I'$dT A T�l L'E�',�ARATION ,
I UNDERLYLNG LE�AL DESCRIPTION OF THE PROPERTY
Lqt l,Block l, Stonebay Second Addition, Hennepin County,Minnesota. ,
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MPLS-Word 9��a i.�� 39
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COMMON �NTEREST COMMUNITY NO.NO. 1578 � �
Condomenium
STONEBAY OF OROlVO CONDOMINIUM
. EXHIBIT B TO DECLARATlt)N �
. BCHEI?ULE OF UNITS,ANB ALLOCATION OF COMMON EXPENS�S.�1`IiD
UNDIVIDED INTERESTS 1N THE COMMON ELEMEN7S
Aliocation of Common Expenses and
Uni�t Identifier Undivided Interests in the Common Elements
�
101 1/57
102 1/57
103 1/57 �
104 1/57
105 1/57
106 ]/57
1Q7 1/57
108 � � 1/57
109 1/57
i�a i�s�
l l l 1/57
112 1�/57
113 1l57
. 114 1/57
115 1/57
116 1/57
117 1/57
118 �/�7
201 1/57 �
202 1/57
203 1/57
?44 I/57
205 • I/57
206 1/57
207 t/57
208 1/57
209 1/57
210 1/57
211 1/57
212 I/57
MPLS-1Yord 95281.11 40 -
.. � .
„ � .
, � .
� � i
I _ .
Allocation of Common Expenses and �
Unit dentifier Undivided Interests in the Common Elements i
13 1/57
14 � 1/57
t5 1/57
16 II57
�17 ' U57 �
228 1/57 �
�19 U57 �
r20 1/57 �
�O1 1/57
�02 1/57
�03 1/57
Q4 1/57
OS 1/57
Ob 1/57 i
07 1/57
08 1/57
09 � 1/57
. ]0 _ 1/57
31 t 1/57
3i2 1/57 �
13 1/57
t 4 1/57
�315 1/57
'316 ' 1/57
317 � ]/57
;318 1/57 ,
1319 1/57 �
�� TOTAL: 57/57{100%)
I .• i
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MPLS-WortJ 9 ZS l.l i 41
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COMM4N TNTERES'T COMAIUNI'i'X NO. NO. 1578
Condi�miniun� �
STONEBAY OF ORONO CONUOA�l.1VI[iM .
CONSEN'f BY MO.R'i'GAG�E �
The undersigned (the "Martgagee") is a n�ortgagee of portions oT'tl�e real prc�perty •
described in the attached Declaration of Stonebay of Orono Condominiwn (the "Declaration").
Mortgagee hereby consents to this Declaration; provided, that by consenting to the Dectaration,
(i) Mortgagee does_not in any manner constitute itseff'or obligate iiself as a Declarant as defit�ed
in the Decfaration, (ii) such consent does nol modify or amend the tenns and conditions of the �
Mortgagee's mortgage and related ioan document,s, and (iii) such :nort�;age s1�111 rcmain as a lien
on the properiy descr'sbed lherein, prior to any liens imposed ui�der che Declaratio�i,uncil released
or satisfied.
11�,(�WITNESS WH.ERE F, the Mortgagee has caused this Conseni to be executed on
the �}l-- day of s� , 2007.
141A1NS7'RL+'E'I' }3fC1VK
/
. ' B
t�- .
. STATE OE MiNNESOTA ) �
- ) ss. .
COUNTY OF��('� )
�� The foregoing instrument was acknow}eciged before n�e this .1e� day oF
.r�oQr,2007, bY L��t•r'?�G.�x.-. �_, nc� ��i • r Ui�P of �
Mainstreet Sank,a Minnesota bank corpuratson,on bchalf oFsaid entity. �i�r,�C.�_
� ' '
=Notary Public .
TH]S INSTRUMFNT WAS DRAFTED B]': �
Fredrick R. Krictzman, Esq. �
�'EI;HABER, LA`RSON, FENLON &VOGT, P.f1. SCOTTLKRYNSIQ
220 South Sixtl�,Suite 22Q0 NoriwY�uc-►,�tt�So7A
. �v coMMissror�oc�a�s�.�,�o�u
Minneapolis, Minnesota 55402 ' ,
(612)373-8413 •
. '
MI'LS•wmci v52xL�� 42 .
,.- J�••
, � ` �•
COMMON INTEREST COMMUNITY NO.NO. I578
� Condnminium ,
' STONEBAY OF ORONO CONDOMINIUM
I CONSENT B�'MORTGAGEES
Th undersigned (the "iVlortgagees") are mortgagees of portions of the real propert
described� the attached Declaration of Stonebay of�rono Condnminium {the "Declaration" .
Mortgage hereby consent to this Declaration; provided, that by consenting to the Declaratio ,
(i) Mortga ees do not in any manner constitute themselves or obligate themselves as Declaran
as defined�in the Declaration, (ii) such consent does not modify or amend the terms an
conditions bf the Mortgagees' mortgage and related loan documents, and (iii). such mortgag
shall remai� as a lien on the property described therein, prior to any liens imposed under th
Declaratiod,until released or satisfied.
IN �1'ITNESS WHEREOF, the Mortgagee has caused this Consent to be executed o
the 7 ffi day of I��-c�-�.c.s �" ,2007.
�
��� .�.
, ' Dave 1
. �""!
Ra dy Koch
STATE OF,MINNESOTA )
) ss.
COUNTY C�F O�� ��- )
The foreg mg instrument was acknow.ledged before me this /7 f� day o
1�U w � ,2007,by Dave Koch and Randy Koch.
^'•� ROSERrKBUSs
.� .
e ' Nptary pu6ic. — � (L.o b�c.. �" K ,�S s'
• i,�y��,�� �o Notary Public ,.y� c,o�.-�
y r»��t� V^ .
��-�i r es �l3 j/d / u
THIS INST UMENT WAS DR.AFTED BY:
Fredrick R. 'etzman,Esq. '
FELHABE , LARSON, FENLON &VOGT, P.A.
220 South S xth, Suite 2200
Minneapolis Minnesota 55402
(612)373-8 18 ,
MPLS-Word 9528�.11 43
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