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COMMON INTEREST COMMUNITY NO. 1578
Condominium �
STONEBAY OE ORONO COI�IDOMINIUM
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DECLARATIOPI �
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' is Declaration is made in the county of '� , state af Minnesota, on this
�'7 y of � �S� , 2007, by O.C. Development LC, a Minnesota limited Iiab lity
compan {the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 515$,
known s the Minnesota Common Interest Ownership Act (the "Act"), for the purpos of
creating Stonebay of Orono Condominium as a condominium under the Act.
� �JVHEREAS, Declarant.is the owner of certain real property located in Hennepin Co nty,
Minnespta, legally described in Exhibit A attached hereto, and Declarant desires to submit id-
real prqperty and all irnprovements thereon (collectively the "Property") to the Act a
condom�nium,and
HEREAS, Declarant desires to establish� on the Property a plan for a perma ent
resident al community to be owned, occupied, and operated for the use, health, safefy, and
welfare of the Owners and Occupants,and for the purpose of preserving the value, the struc ral
. quality, and the original architectural character of the Property,and
HEREAS, the Property{i) is not subject to a master association as defined in the �1ct;
{ii) is ot subject to an ordinance referred to in Sectian S15B.I-I06 of the Act, gove ing
convers ons to common interest ownership; and (iii} does not include any shoreland as define in
Minnes ta Statutes Section 103F.2Q5.
HEREFORE, Declarant subjects the Property to this Declaration under the n me
"Stoneb y of Orono Condominium," consisting of the Units referred ta in Section 2, decla �ng
that thi Declaration shall constitute covenants to run with the Property, and that the Prop rty
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shall be owned, used, occupied, and conveyed subject to the covenants, restcictions, easements, •
charges, and liens set forth herein, ail of which sha11 be binding upon all Persons owning or
. acquiring any right, title, or interest therein, and their heirs,personal representatives, successors,
and assigns.
� - SECTION 1 �
� DEFINITIONS
�'he following words when used in the Governing Documenu shali have the foilowing meanings
(unless the context indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter S�I SB, known as the Minnesota
Common Interest Ownership Act,as amended. �
1.2 "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.
13 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 317A and $ection SISB.3-141 of the Act, whose members consist of al]
Owners.
� 1.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
!.5 "Buiidine" means each structure which is or becomes a part of the Property and
which contains at least one Unit.
l.6 "Bylaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "City„means che city of Orono, Minnesota.
1.8 "Common Elements" rneans ali parts of the Property except the Units, including
all improvements thereon.
1.9 "Common Exnenses" means all expenditnres made or liabilitie5 incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Documents.
i 1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominium.
1.l 1 "Declarant Control Period"means.the time period during which Declarant has the
exclusive right to appoint the members of the Board,as described in Section !6.
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.12 "fili�ible Mortga�ee" means any Person which owns a first mortgage on a nit '
and which has requested in writing that the Association notify it regarding any
proposed action which requires approval by a specified percentage of Eli ible
� Mortgagees.
� t.13 "rovernin� Documents" means tliis��eclaration, tl:e �ylaws, and the Articl s of
� lncorporation of the Association, as those documents may.be amended from ime
to time,aIl of which shall govern the use and operation of the Property.
. � l.l4 "Limited Common Elements"means a portion of the Common Elements allo ted
by this Declaration or by operation of Section S l5B_2-102(d) or(fl of the Ac for
'� the exclusive use of one ar more but fewer than all of the Units.
1'.15 "Member"means a Person who is a member of the Association by virtue of b ing �
an Owner as defined in tt�is Declaration. The words"Owner" and"Member" ay
be used interchangeably in the Governing Documents.
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1.I 6 "Occupant"means a Person,other than an Owner,in possession of,or residin in,
� a Unit. .
I'.l7 "Owner" means a Person who owns a Unit, but excluding a contract�for eed
vendors, a maRgagee, a holder of a remainder interest or a reversionary intere t in
Ia life estate, and any other secured parties within the meaning of the Act. he
, term "Ownerl' inciudes, without limitarion, a contract for cleed vendee, a d a
holder of a life estate.
1,.18 "Person" means a natural individual, a corporation, a limited liability compa y, a
� partnership, a trustee, or other legal entity capable of holding title to real prop y.
1.19 "P1aY' means one or more than one recorded plat depicting the Property pnrs ant
to the requirements of Section S I SB.2-110(c) of the Act, and satisfying the
requirements of Mirv�esota Statutes Chapter 505, 508, or 508A, as applic ]e,
including any amended or suppfemental Plat recorded from time to tim in
, accordance with the Act.
1 20 "Propertv" means aIl of the real property subjected to this Declaration, now in
the future, including all structures and improvements located thereon. e
Property is legally described in Exhibit A attached hereto.
1'.21 "Rules and Re�u3ations" means the Rutes and Regulations of the Associatio as
approved from iime to time pursuani to Section 5.5. �
1 22 "Unit" means a part of the Property within a Building other than the Co on
Elements, including one or more than one room or enclosed space designed nd
, intended for separate ownership and use, ali as described in Section 2 and sh wn
on the Pfat.
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The terrns used in the Governing Documents,and defined in the Act and not in this Section, shail '
have the meaning set forth in the Act. References to section nurnbers in this Declaration shall
refer to sections of this Declaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2.i Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section 16. A1S Units are restricted exclt�sively to residential use.
Each Unit constitutes a separate parcel of real estate. No portion of a Unit shall be transferred or
I atherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section l6, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S15B.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herei❑ by reference. A schedule of the Units is
set forth in Exhibit B attached hereta
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wailpaper, paneling, paint, ceiling 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 utitity lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but
Iocated in or Qassing thraugh a Unit, shatl be Common Etements. The boundaries of each Unet
shall also extend along t�e inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, sha11 be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces,�interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Apnurtenant Ea_sements. The Units and the Common Elements shall be subject to
and benefited by the easements described in Section 12. �
SECTION 3 �
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COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTHER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
- follows:
3.i.1 Ali of the Property not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat, or in the Act;
3.1.2 The Common Elernents shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Occupants in Limited Common
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�lements appurtenant to their respective Units; and {iii) the right af ihe Associatio to .
e tablish 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 (i)
improvement, modification, construction, or change of the Common Elements s alf
. t ke place by an Owner or Oceupant without prior written authorization by the Board nd
( i)aIl maintenance,repair,replacement,improvement,management, and operation o the
�ommon Elements shalt b�the respansibility of the Association;and
3.1.4 Common Expenses for the maintenance, repair, rep]acem nt,
f�anagement, and operation of the Common Elements shall be assessed and colle ted
iom the Owners in accordance with Sectian 6. �
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3 2 Limited Common Elements. The Limited Common Elements are those part of ;
the Com�non Elements reserved for the exclusive use of the Owners and Occupants of the U its
to which�they are al located, as described in this Declaration and ihe Act. The rights to the se
and enj yment of the Limited Common Elements are automatically conveyed with he ,
conveya ce of such Units. The Limited Common Elements are described and allocated io e
Units as ollows:
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� 3.2.1 Those items or areas designated as Limited Common Elements on the lat
o�by the Act are allocated as indicated therein.
3_2.2 lmprovements, if any, such as decks, patios, porches, baiconies, shutt rs,
a nings, perimeter windows and doors, window screens, window boxes, s]eeves d
fi tings surrounding window air conditioning units, chimneys, driveways, wal s,
d rsteps and stoops, constructed as part of the original construction to serve a sin le
nit or Units, and replacernents and modifications thereof authorized pursuant to Sect on
7 10, iocated wholly or partially outside the Unit boundaries, are allocated exclusivel to
t e Unit or Units which they serve.
3_2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other util'ty
i�stallations, bearing wal]s, bearing columns, or any other com onents or fixtures I 'n '
P ys g
p rtially within and partially outside the boundaries of a Unit, and serving only that U it,
. a e allocated to the Unit which they serve. Any portion of such installations serving'or
a ecting the function of more than one Unit or any portion of the Common Elements i a
p�rt of the Common Elements,but is not a Limited Common Element. ,
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3.2.4 Heating, ventilating, or air conditioning equipment serving one or m re
th n one Unit, and located wholly or partially outside the boundaries of one or more th n
o e Unit, are Limited Comman Elements allocated to each Unit served by su h
e uipment.
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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 the Association, a.portion of the Common Expenses, and a portian of the undivided imerests
in tne Common Eiements,shall be governed by the following proy isions:
4.1 Membership. Each Owner shail be a Member solely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the �wner's ownership terminates. When more
than one Person is an Owner of a Unit,all such Persons shall be members of the Association,but '
rnultipie 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 Exoenses, and Undivided lnterests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, subject to the Association's right to tevy limited Assessments under i
Sections 6.4_ Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 4.3 Appurtenant Rights and Obli ations. The ownership of a Unit shal} include the
voting rights and Common Expense obligations described in Section 4.2. Said righcs 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 sha11 be void. The allocation of the rights and obligations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated to act as proxy !
on behalf of the Owner,and who need not be an Owner, may cast the vote allacated 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 ihe provisions of the Bylaws may cast such vote. The
voting rights of Owners are more futly 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 of the Association, shall be govemed by the following provisians:
5.1 General. The operation and administration of the Association and the Property
shall be govemed by the Goveming Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Goveming Documents and
. the Act, be responsible for the operation, management, and control of the Progerty. The
Association shall have all powers described in the Governing Documents,the Act and the statute
under which the Associatian is incorporated. All power and authority of the Association shall be
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' vested in the Soard, unless action or approval by the individual Owners is specifically requi d -
by the Goveming Documents or the Act. All references to the Association shall mean he
Associatipn acting througl�i the Board,unless specificatly stated to the contrary.
5.� Operational Purposes_ The Association shall operate and manage the Property or
the purpqses of{i) administering and enforcing the covenants, restrictions, easements, charg s,
and liens'set forth in the Governing Documents and the Rules and Regulations, (ii) maintaini g,
repairing, and replacing those portions of the Property and ather property for w�ich it is
responsil�le, and(iii) preservina the value, and the architectural uniformity and character, of he
Property_ �
5_3 Bindin� Effect of Actions. All agreements and determinations made by e
Associatipn in accordance with the powers and voting rights established by the Govern ng
Documents or the Act shall be binding upon all Owners and Occupants, and their lessees, gue ts,
heirs, pe�jsonal representatives, successors, and assigns, and all secured parties as defined in e
Act.
S.�t Bvlaws_ The Association shall have Bylaws. The Bylaws shall govern he
operatiory and administration of the Association, and shail be binding on alt Owners nd
Occupants.
5.5 Mana�emeni. The Board may delegate to a manager or managing agent he
managernent duties imposed upon the Association's officers and directors by the Govern ng
Documemts and the Act. However,such delegation shall not relieve�the officers and director of
the ultimate responsibility for the performance of their duties as prescribed by the Govern ng
Documer�ts and by law.
5.6 Rules and Re�ulations. The Board shall have exclusive authority to approve nd
implement such reasonable Rules and Regulations as it deems necessary from time to time for
the purp�se of operating and administering the affairs of the Association and reguiating the se
of the PXoperty; provided, that the Rules and Regulations shall not be inconsistent with e
Governir�g Documents or the Act. The inclusion in other par[s of the Governing Documen of
authority� to approve Rules and Regulations shall be deemed to be in furtherance, and not in
limitatiom,of the authority granted by this Section. New or amended Rules and Reg�lations s all
be effective only after reasonable notice thereof has been given ta the Owners.
5,7 Association Assets; Sumlus Funds_ All funds and real vr personal prop rty
acquired by the Assaciation shatl be held and used for the benefit of the Owners for the purpo es
' stated in the Govertiing Documents. Surplus funds remaining after payment of or provision for
Common Expenses and reserves shatl be credited against futeare Assessments or added to
reserves,as determined by the Board.
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Sl8 Resale Disclosure Certi�cates. Pursuant to Section S 15B.4-107 of the Act, in e
event of!a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to, he
purchaseur a resale disclosure certificate containing the information required by Section 515 .4-
lQ7(b} o�f the Act. Pursuant to Section S15B.4-107(d) of the Act, the Association shall, wit in
ten days (or 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.
SECTION 6
ASSESSMENTS
6.1 Generai. Assessments shali be determined and assessed against the Units by the •
� Board,in its discretion, subject to the requirements and procedures set forth in this S�ction 6 and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section b.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with t�ie allocation
fomtula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be ailocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annua( Assessment shall cover all of
the anticipated Common Expenses of the Association for that year which are to be shared equally
. by ail Units in accordance with the al{ocation set forth in Section 42_ Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund f�r 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.
63 Special Assessrnents. In addition to annual Assessments, and subject to the •
limitations set forth hereafter, the Board may levy in any ASsessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the purpose of defraying in whole or in part (i) the cost of
any unforeseen and unbudgeted Common Expense, {ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Property,and(iii) the maintenance, repair, , i
or replacement of any part of the Property,and any fixtures or other 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 this 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 Element shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equaily or by the cost
per Unit.
6.4.2 Any Comman 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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' 6.4.3 In addition to annaal Assessments and special Assessments, the Board as •
th authority to {and, in certain instances set forth in this Section 6.4, shall) levy nd
' al ocate iimited Assessments among only certain Units in accordance with the follow ng
re uirements and procedures. �,
. 6.4.4 The�osts of insurance may be assessed in proportion of the square foot ge
on actua! cost per llnit.
ib.4,5 Reasonable attomeys' fees and other costs incurred by the �ssaciation in
� c nnection with (i) the callection of Assessments and (ii) the enforcement of e
G verning Documents, the Act, or the Rules and Reguiations, against an Owner or
O cupant or their tenants or gaests,may be assessed against the Owner's Unit.
6.4.6 Late charges, fines, and interest may be assessed as provided in
S ction 14.
6.4.7 Assessments levied under Section S15B.3-116{a) of the Act to pa a
ju gment against the Association may be levied only against the Units existing at he
ti e the}udgment 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 e
a t or omission of any Owner or Occupant, or their guests•or invitees, the Associat on
m y assess the costs of repairing the damage, or any increase in insurance rates dire tly
a ibutable to the Act or omission, exclusively against the Owc�er's Unit to the extent t at
- th damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose authori ed
b the Acf, Assessments and any instal]ment thereof not yet due shall be recalculated in
a cordance with the reallocated Common Expense liabilities
Assessm nts levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, be
assessed s a part of,or in addition to, other Assessments levied under Seption 6.1 or 6.2: �
6.$ Workin�CaUital Fund. There shall be established a working capital fund to m et • �
unforese n expenditures or to purchase additionat equipment or services for the Associati n. �
The Boa d may include in each subsequent annual budget a reasonable amount of work ng
capital, b sed upon the anticipated needs of the Association for the year in qnestion. There s all
be contri uted by the parchaser of a Unit, on a one-time basis upon the initial sale of each U it
by Decla ant, an amount equal to four monthly installments of the estimated annual Assessm nt
for the U it in the year of the safe. The contribution shali be paid at the earlier of(i)the time of
closing o sale of the Unit or (ii)the time of termination of the Declarant Control Period. he
contribut ons to this fund are in addition to the regular installments of annual Assessments, d
shal! not be a credit to the regular installments of annual Assessments levied against he
respectiv Unit. The funds shall be deposited into a s�gregated Association account no later an
the termi ation of the Declarant Control Period. Funds deposited in said account shall not be
used to efray any of Declarant's expenses, reserve cantributions or construction costs, nor to
make up �ny budget deficits during the Declarant Control Period. However, upon the closing of
the initial sale of a Unit, Declarant may reimburse itself from funds collected from the purcha er
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at the closing for any prior cantributions made by Declarant to the working capitat fund with -
respect to that Unit.
6.6 Liabilitv of Owners for Assessmen#s. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the later of (i) the time at which the Owner
� acquires titie to the Unit or(ii) the due date of the first Assessmeni levied against the Unit by t�►e
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
liability shall be joint and severa! where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liabitity 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 t1�e Unit, by the waiver of any other rights, or by reason of any claim against
Declarant, the Association, or the Associatian's officers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. �'
6.7 Declarant's Alternative Assessment Pro�ram. The follov�ring altemative
Assessment program is established pursuant to Section S 15B.3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governin� Documents, if
an Assessment has been�levied, Declarant may eiect 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 llnit and other Units of the same rype until a final certificate of .
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
I6.7.2 The provisions of Section 6.7.1 shall not affect the share of replacement
� reserves for Units owned by Declarant, which reserves must be funded by Declarant as
, required by Section S 15B.3-I I S of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the level of services for other
items set forth in the Association's badget.
6.7.3 Declarant's reduced assessment obligation shalt apply 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 becomes due. If an Assessment is payable in
installrnents, the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B3-]02(a){10), (I 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 perfection af any lien under this Section 6, and no further recordation of any
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notic.e of�or claim for the lien is required. The release of the lien shall not release the O ner .
from per onal liability unless agreed to in writing by the Association.
6. Foreclosure of Lien; Rerr►edies. A lien for Assessments may be foreclo ed
against a IUnit under the taws of the state of Minnesota (i)by action,or(ii) by advertisement n a ,
like ma er as a mort�age containing a power of sale. The Association, or its authori ed
;epresent ti:�e, shal! have the pew�r to bid in at the foreclosur.e sale and to acquire, hold, le se,
mort�age and convey any Unit s� acquired. The Owner and any other Person claiming an
interest it� the Unit, by the acceptance or assertion of any inte:est in the Unit, grants ta the
Associati n a power of sale and full au[horiry to accomplish the foreciosure_ The Associa 'on
� shall, in ddition to its other remedies, have the right to pursve any other remedy at law a in
equity ag inst the Owner who fails to pay any Assessment,or charge against the Unit. �
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens d
encumb nces on a Unit except(i) liens and encumbrances recorded before this Declaration, (ii)
any first mortgage on the Unit, and (iii) liens for real estate taxes and other governme tal �
Assessm nts or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortg ge
on a Uni is Foreclosed, {ii) the first mortgage was recorded on or after the date of recordin of
, this Decl ration, and (iii) the Owner of the Unit does not redeem from the foreclosure during the
� Owner's period of redemption provided by Minne�ota Statutes Chapter 580, 581, or 582, t en
! the holdek of the sheriff's certificate of sale from the foreclosure of the first moRgage shall t ke �
title #a t e Unit subject fo a lien in favor of the Association for unpaid Assessments or
installme ts thereof levied pursuant to Sections S 15B.3-�15(a), {e)(1) to (3), (�, and (i) of the
Act wfiic became due, without acceleration, during the six months immediately preceding the�
first day ollowing the end of the Owner's period of redernption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, nd
other ch ges and fees which would normally be levied against the Common Elements'by
governm�nta! authorities, shall be allocated equally among and levied against the Units, nd
shall be lien against each Unit in the same manner as a lien for real estate taxes and real es ate
special a sessments levied against the Unit alone.
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6.12 Voluntarv Convevances; Statement of Assessments_ In a voluntary conveya ce
of a Unit the huyer shall not be personally liable for any unpaid Assessments and other char es �
made by he Association against the seller or the seller's Unit prior to the time of conveyanc to
� the buye , unless expressly assumed by the buyer. However, the lien of such Assessments s a11
remain a ainst the Unit until released. Any seller or buyer shall be entitled to a statement in
recordabl form, from the Association setting forth the amount of the unpaid Assessm nts
against t e Unit, inciuding all Assessments payable in the Association's current fiscal y ar,
which s tement shall be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS OiV USE OF PROPERTY
A 1 Owners and Occupants,and ail secured parties, by their acceptance or assertion o an
interest i the Property, or by their occupancy of a Unit, covenant and agree that, in additio to
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any other restrictions which may be imposed by the Act or the Goveming Documents, the �
occupancy, use, aperation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shatl be owned, conveyed, encumbered, leased, used, and
occupied subject`te the Governing Documents and the Act, as amended from time to time. Al? �
covenants, restrictions, and obiigations set forth in the Governing Documents are in furtherance
of a plan for the Property, and shafl run with the Property and be a burden and benefit to aU
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal regresentatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Section 1b.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 Elemenis may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single famiiy residential dwellings, and not for tra.nsient, hotel,
commercial, business, or other non-residential purposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve 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 far profii or otherwise, shail 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) i
does not involve physical alteration or improvement of the Unit visible from the exterior .
of the Unit; (iii) is in campliance 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 unusua] levels of pedesirian 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 Praperty 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.
7.43 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 allowed (subject to reasonable regulation by �
the Ass iation) but only in accordance with the fotlowing conditions: (i) no Unit may be
sublease , (ii) a Unit must be Ieased in its entirety (not by room}, (iii) the ]ease shall be in
writing, iv) unless otherwise required in connection with the financing,guarantee,or insurin of
a Unit 'ortgage, and except for leasing of Units owned by Declarant, no lease shall be f r a
. " period ie s ihan twelve months, except for exteluari;[g situatiar,s,�{v)the tease shall grovid� at
it is subj et to the Governing Documents, the Rules and Regulations, and the Act, and that y
failure o the lessee to comply with the terms of such documents shall be a deiault under e
lease, an (vi) prior to occupancy of the Unit by the lessee(s), the Association shall receiv a
copy of t e fuliy-signed lease along with a written list of the name and tetephone nwnber of e ch
Person ho will occupy the Unit under the lease, and the absentee address of the leasing Ow er.
The Ass ciation may impose such reasonable Rules and Regulations as may be necessa to '
impleme t procedures for the leasing of Units, consistent with this Section and applicable 1 w,
includin but not limited to{i}a requirement for a form addendum to be attached to each leas to
assure th t ttie rights and authority of the Association and Owners and Occupants are recogni ed, '
and (ii) requirement for the screening of lessees through a reputable, professional screen'ng
organiza ion; provided,that such screenin�shall not violate federal, state, or local discrimina ion
laws.
7l6_ DeleQation of Use. An Owner's right of use and enjoyment of the Unit sha! be
automati ally delegated to other persons living in the Unit pursuant to a legal right of passess� n;
provided that such persons shall be subject to the Governing Documents and the Rules nd
Regulati ns. Unless otherwise authorized in writing by the Board, if persons other than the
Owner c1r the Owner's family (e.g., lessees) have been given the legal right to possess the
Owner's'Unit, then those persons shall have the right to use any recreational facilities, park ng,
storage, nd other amenities available by reason of.occupancy of the Unit in lieu of the O er
and the wner's family.
� 7'.7 Parkin . There are ninety-five Common Element vehicle garage s tls �
(collecti ely the "Stalls," and individually a "Stall") in the lower level of the Building. e '
Stalls an other parking spaces on the Property shall be used only for parking of vehicles ow ed
or lease by Owners and Occupants, and such other incidental uses as may be authorize in
writing y the Association. A Stall shall not be converted to other uses or used for storag or
other pu oses which would prevent the parking of a mid-size automobi]e in the Stall, excep as
authoriz d in writing by the Association. The use of the Stalls, other parking spaces, nd �
drivewa�s on the Property, and the types of vehicles and personai property permitted ther on,
shall be subject to regulation by the Association, including, but not limited to, the right of the
Associa ion to tow illegally parked vehicles or to rernove unauthorized personal property. ,
` .8 Stalls. The Stalls shall be assigned ta various Units; and the operation d
transfer f the Stalls shall be administered, in accordance with this Sectian 7.8. The follo ing
conditio s and restrictions shall govern the assignmen#, use,and transfer of the Stalls.
7.8.I The initial assignment of a Stall to a Unit shall be made by the Associa ion
s directed by Declarant at the time flf the first conveyance of the Unit by Decla nt.
pon the closing of the initial sale of a Unit, the Association shall, as directed by
eclarant,assign to the Unit the exclusive right and license to use at least one Statl. ach
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Stall assigned by the Association shall be deemed to be licensed and assigned by the •
Association to the Unit to which it is assigned. After all Units owned by Declarant have �
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rental or assignment by the Association to Owners or Occupants,as determined by the
Board. T!:e Association may, after Declarant no longer owns any Ur.it, rent or atherwise
assign any unassigned�talls to Owners or Occupants. .
7.8.2 The use righis with respect to each Stall sha11 be deemed to be licensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Association shall
maintain records identifying the Stalls, the Units to which they are assigned,the.names of
the Owners of the Units, and the dates of assignment and any reassignments. A written
certiEicate of garage stall assignment{the"Garage Certificate"} sha11 be signed and dated �
on behalf of the Assaciation and made available for delivery on the date the Owner
" acquires title to the Unic to which the Stall is assigned. The Association shall not
unilaterally reassign any Stall assigned to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Sta11 shall remain with the Unit to which is it assigned unti]the license
is transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Stall
license rnay be transferred to another Unit, but only by first delivering to the Association
(i} a written transfer certificate, Hn a form approved by the Association, signed by the
trans�feror and the ttansferee, 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 7.8. In the absence of a properly executed assignment to
the contrary, the license to use a Stall assigned to a Unit at the time of ihe Unit's �
conveyance shalt be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Unit j
only to or by other Owners and Occupants. The lease or other use right shai! 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 StalE assigned to that Owner's Unii,and shall prompily provide a copy
of the lease or use agreement to the Association. The Association may hold,reassign the
license for, or reni, a Stalt 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 Sta(1 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, assignment, transfer, or purported transfe of •
a y interest in a Stali in violation of this Section 7.8 shall be void: �,
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7.8.7 The use of the Stalis, and the size and types of cars and other motori�Zed
v hicles which may be kept in a Stall, are subject to RuEes and Ftegulations as appro�ved
. f o!?m time to time by the Board. ' �
7� Stora�e Spaces. 7'here are ninety Cotnmon Element storage spaces located in the
lawer le ei of the Building (collectively the "Storage Spaces," and individually a "Sto ge
Space"). The assignment of the Storage Spaces, and the operation and transfer of the Sto ge '
Spaces,�hall be administered in accordance with this Section 7.9. The following conditions nd
restrictions shall govern the assignment,use,and transfer of the Storage Spaces.
� 7.9.1 The initial assignment of a Storage Space to a Unit shall be made by the
Aissociation as directed by Deciarant at the time of the first conveyance of the Unit by ;
D`eclarant. Upon the closing of the initial sale of a Unit,the Association shall, as dire ted
b Declarant, assign to the Unit the exclusive right and license to use at least one Stor ge
S ace. Each Storage Space assigned by the Association shall be deemed to be lice ed
a d assigned by t�e Association to the Unit to which it is assigned. After all Units ow ed
b Declarant have been conveyed, any unassigned Storage Spaces shall be deemed t be
a signed to the Association. The Association may, after Declarant no longer owns ny
nit, rent or otherwise assign any unassigned 5torage Spaces to Owners or Occupants.
7.9.2 The use rights with respect to each Sterage Space shall be deemed to�be
li ensed exclusively to the Owner of the Unit to which the Storage Space is assigr�ed.
e Association shall maintasn records identifying the Storage Spaces, the Units to wl�ich
t ey are assigned, the names of the Owners of the Units, and the dates of assignment nd
.a y reassignments. A wr'stten certificate of Storage Space assignment (the "Sto ge
rti6cate") shall be signed and dated on behalf of the Association and made avail ble
f�r delivery on the date the Owner acquires title to the Unit to which the Storage Spac is
a�signed; provided, that the Owner has been assigned a Storage Space. The Associat'on i
s}hal{ not unilaterally reassign any Storage Space aSsigned to a Unit.
7.93 A Storage Space license shall remain with the Unit to which it is assig ed '
uritil the license is transferred in accordance with this Section 7.9.3. .Subject to Sect on
7 9.2, a Storage Space may be transferred to another Unit, but only by first deliverin to
t e Association (i) a written transfer certificate, in a form approved by the Associati n,
si ned by the transferor and transferee, and (ii) aIl prior Storage Certificates and co ies
t ereof, issued with respect to the Storage Space. The Association shall review he
p oposed transfer for compliance with this Section 7.9 and, if the transfer complies, he
sociation shall transfer the license on its records to the Unit owned by the transfe ee
a d issue a new Storage Certificate to the transferee. The license to use the Sto ge
S ace shall remain with the Owner and Unit to which it is transferred until the licens is
tr nsferred in accordance with this Section 7.9. In the absence of a properly execuked
a signment to the contrary, the license to use a Storage Space assigned to a Unit at e
ti e of the Unit's conveyance shall be automatically assigned with the conveyance of
ti le.to the Unit.
MPLS-Word 5281.11 15
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 shatl give the Association advance written notice of any lease or use agreement
with respect to the Storage Space assigned ta 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 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 party's interest acquired in the event of a
foreclosure of the lien or other security interest.
7.9.5 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 T'he 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_1 Q Animals. The Board shall have the exclusive authoriry to regulate or prohibit, by �
' the Rale and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers}, cats, smal] 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.
I 7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
� pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.}0.2 Pets shall be kept solely as common domestic househoid pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No anima! of any kind shall be raised or bred, or kept far husiness or
commercial purposes,by any Person upon any part of the Property.
7.10.3 Pets shal! not be allowed to make an unreasonable amount of noise, or to
become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shall be housed only within Units, and not within the Common
Elements. No structure, fence, or enclosure for the care, housing, or confinement of any
pet shatl 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.
7.10.5 Pets sha11 be under control of an aduft individual at all times when outside
of the Unit.
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! 7.1 Q.6 Owners and Occupants keeping pets within their Units are responsible for -
' e pet's behavior and for complying with municipaI pet Iaws,, ordinances, nd
� r guiations. An Owner is liable to the Association for ihe cost of repair of any damag to
t e Property,or the damages and expenses associated with any personal injury,cause by �
� n animai (i) kept by that Owner on the Property, (ii} kept on the Property by� an . �
c�upant of that Owner's Uniz,or(iii)brought upon the Property by a guest or invite of � .
t at�wner or that Occupant. The owner of that animal �ii not that Owner)shai3 als be
1 able for such costs,damages,and expenses.
I 7.i 0.7 The Board shall have authority to determine in its sole and abso ute
aiscretion whether a particular pet shall be permanently removed from the Praperty b ed
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Sectio 7,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any additi nal
restrictions approved by the Board; provided, hhat such removal shall be subjec to
S�ection 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner f r a
f iiure to comply with any pet restrictions shall be an Assessment against the Own r's
nit.
, 7 11 Quiet Eniovment; lnterference Prohibited. Subject to Section 7.16, all Ow ers
' and Occ pants and their guests shall have a right of quiet enjoyment in their respective U its,
subject t the rights of other Owners and Occeapants to reasonable use of their respective U its •
and the sual and customary sounds generated thereby given the multi-family, apartrr�ent-s le
stntcture of the Building. Taking into consideration the nature of the Building s#racture, Owryers .
and Occ pants and their guests shall use and occupy the PropeRy in such a manner as will ot •
cause a uisance or disturbance, nor unduly restrict, interfere with or impede the use and q iet
enjoyme t af the Property by other Owners and Occupants and their guests. .
7 12 Comnliance with Law. No use shall be made of the Property which would vio te
any then existing municipal codes or ordinances, or state or federa] iaws and regulations, or
shall any act or use be permitted which cou�d cause waste to the Property, cause a mate 'a] i
increase in insurance rates on the Praperty, or otherwise cause any unusuat liahiliry, health or j
safety risk,or expense,for the Association or any Owner or Occupant. �
7.13 Alterations. Except for those made by Declarant in consideration of its initial s !e
of a Unit'and except as otherwise pravided in Section 8, no alterations (as defined in Section 8)
shall be ade, or caused or allowed to be made, in any part of the Common Elements,or in ny
part of t e Unit which affects the Common Elements or another Unit, or which is visible fr m
the exter or of the Unit, without the prior written authorization of the Board, or a commi ee
appointe by it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit ny
physical hanges to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of he Building, or any Building system, or other improvement 3ocated on the Property;i or
(ii) interf re with any easement affecting the Property. �
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
fonn of lease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.15 Access to Units. ln case of emergency which constitutes an immediate and
mater�al threat to the Properry or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, withou; natice 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 p�rposes under Section 14.
. 7.16 Public Works Facilitv. The City's public works facility(the "Facility"}is located
directly to the west of the Property. The Facility is.used by the City for, among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City_ The Facility is.operated by the City twenry-four hours a day, seven days a week. Given ,
• the close proximity of the Facility to the Property, the Owners and Occupants and iheir invitees �
will be subject to the sights,sounds, lights,and smells associated with the Facility.
7.17 StoraQe. Subject to the provisions of Section 7.9, persona! property may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
tower level of the Building,may not be obstructed, or used for parking, storage,activities, or any
purpose other than access and 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 the weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii)interfere with any easement; (iii) install or permit the installation of hard surface
floor coverinbs within their Unit 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 eould affect or
damage the sound barriers or sound attenuatian materials instailed on or within the ceilings,�
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8
ARCHITECTURAL STANDARI?S
8.1 Restrictions on Improvements. One of the purposes of this Declaration is to
ensure that chose parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consiste;,t in appearance, and
structura!!y sound. Therefore, except as set forth in Section 8.5, ihe foilowing resfictions and
requirements shalS apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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ir�dividually a "alteration"), including, but not limited to, any structure, build ng, '
a�dition, decic,patio, fence,wall,enclosure, window, exterior door, antenna or other t pe
o$' sending or receiving apparatus, sign, flag, display, decoration, color cha ge,
sbrubbery, materiai topographical or}andscaping change,or any other exterior alterati ns
to or of a Unit or a Limited Common Element, shail he made, or caused or allowed't be
r�ade, by any Owner ar Occupant,�or their invitees, in any part of the Common Elem� ts,
ac in any part of the Unit which affects the Comman Elements or another Unit, or w ich
is visible from the exterior of the Unit, unless and vntil the plans and specificati ns
showing the natare, kind, shape, height, calor, rnaterials, and ]ocations of the alterati ns
shall have been appro"ved in writing by the Board or a committee appointed by it. In
addition, Declarant's written consent shall also be required for alteratians until Decla nt
n0longer owns a Unit for initial sale_
8.1.2 The Board may appoint, supervise, and disestablish an architec ral
c4mmittee, and speci�cally delegate to it part or all of the functions which the B ard
e�cercises under this Section 8, in which case the references to the Board shall refer to the
a�chitectural commiitee where appropriate. The architecturat committee shail be sub ect
to the supervision of the Board.
8.1.3 The Board shall establish the criteria for approval of alterations, w ich
s�all (i) adequately protect the Property, the Association, and the Owners and Occup ts,
; frjom liability and liens arising out of the proposed alterations or any construction acti ity
ir1 connection therewith, and (ii) cornply with all governmental taws, codes, nd
regulations. The criteria for approval of alterations shalt include and require, t a
minimum:
8.13.1 substantial uniformity of color, location, type, and desig in
relation to existing structures znd topography,.
8.I.3.2 comparable or better quality of materials as used in exis ing
improvements on the,Property, • � �
8_I.3.3 ease of maintenance and repair, ;
8.1.3.4 adequate protection of the Property, the Association, the Ow ers,
and the Occupants from liability and liens arising-out of the proposed alteratio s,
8.L.3.5 substantial preservation of other Owners' sight lines, if mate �al,
and
8.1.3_6 compiiance with governmental laws, codes, and regulations.
8.1.4 The Board, or the appointed architectural committee if so authorize by
the Board, in its sote discretion, may impose standards for design, appearance or
donstruction which are greater or more stringent than standards prescribed by the
�aoverning Documents, or by building, zoning, or other governmental laws, codes, or
. rjegulations; provided, that such standards shall be consistent with the architect ral
qharacter and use of the Property as planned and developed by Declarant. ?he Boar , or
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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 deterrriination 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) ta. ;
preserve the architectural sryEe and uniformity, the qualiry and vaiue of ttie Property, and �
(ii) t� protect the Association and the Qwners from undue liability arising out of the -
alterations or any construcsion activity in connection thecewith. -
8.i.5 Alterations may be made in compliance with Section S I SB.2-1 i.3 of the
Act, and relocation of the boundaries of the Units may be made in compliance 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 #he �
course of construction of the Building and Units,shall create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary requirement in the Governing Documents or the
Act. A fite of the resolutions approving all alierations 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 Section 8:
8.2.1 Detailed plans, specifications, and related information regarding any
proposed alteration, in form and content acceptable to the Board,shall be submitted to the
Board�(or the committee}and to Declarant(as long as Declarant is the owner of a Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant is the
owner of a Unit) shall give the Owner written notice of approval or disapproval. 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 pians and
specifrcations and all other information requested by the Board(or the committee) and to
Declarant (as lang as Declarant is the owner of a Unit), then approval shall be deemed to
� be, granted; provided, that the alterations are done in accordance with the plans,
specifications,and related information which were submitted. �
8.2.3 If no request for approval is submitted, approva! shali be deemed to be
denied.
8.3 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each of the Owner's Units and be a pe:sonal obligation of the Owner.
In addition, the Association shall have ihe right to enter the Owner's Unit and to restore any part
� MPLS-Word 952RL11 20
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of the B ilding or that Unit to the prior condition if any alterations were made in violation o this •
Section , and the cost of such restoration shall be a personal obligation of the Owner and a lien
against ach of the Owner's Units.
.4 Owner Resnonsibilitv/Indemnitv. An Owner wha causes an alteration t be
made, r gardless of whether the aiteratian is approved by the Board, shall be responsible fo�the
� constru�tion work and any claiins, damages, losses, or liabilities arising out of the altera ion.
Th.e O�er, and not the Association, is responsible for determining whether any alteration s in
violatio of any restriction imposed by any governmental authority having jurisdiction over any
partion �f the Property. The Owner shatl hold harrnless, indemnify, and defend the Associa �on,
and the ssociation's officers, directors, committee members, and management agents, from and
against ny expenses, claims, damages, losses, or other liabilities, including without limita ion
attomey�' fees and costs of litigation, arising out of (i) any alteration which violates any
gove ental Eaws, codes, ordinances, or regulations, {ii) the adequacy or inadequacy of the
specific tions or standards for construction of the alteration, and (iii) the construction of the
alteratio�.
8.5 Exemotions. The requirements set forth in this Section 8 (except Section .4)
shall not apply to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in connec ion
v,�ith its sale of Units.
' I� 8.5.2 The installation of the following aniennas within a Unit or withi a �
Llimited Common Element, as permitted by applicable law_ (i) one antenna one mete or
l ss in diameter for the purpose of receiving direct broadcast/satellite service or vi eo
p ogramming services, or (ii) any antenna for receiving television broadcast sign ls.
owever, the Board or a committee appointed by it, may require that the antenna be
i stalled so as to minimize its visibility from the front of the Unit and othe ise
c mouflage its appearance, uniess such requirements would vialate applicable law. e
B ard shall have authority to impose further, reasonable related requirements consis nt
�th law. The f)�vner or Occupant of the Unit sha11 perform and pay for the instaliati n,
aintenarice, and repair of the installation. . i
i
8.53 Alterations permitted by the Rules and Regulations.
SECTION 9
' MAINTENANCE
9.1 ivlaintenance by Association. Subject to Section 9.2,the Association shall prov de
for all aintenance, repair, and replacement (collectively referred to as "maintenance"�or
"rnaintai�") of the Common Elements and the Limited Common Elements, in accordance wi ,
and subje�t to,the following qualifications:
9.1.1 The cQst of inaintenance of a Limited Common Element required to e
ur�dertaken by the Association shall be assessed against each Unit to which the Limit d
C�mmon Element is allocated. The Association may assign to an Owner the obligati n
MPLS-�Vord 95281.I I 2 t
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for routine maintenance of a Limited Common Element allocated to the Owner's Unit. •
However, iF the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cast. The�
Association shall have an easement on, over, and through that Unit and the Limited
C�mmon Element for purposes of perrCrming said maintenance. �
9.i.2 T'he Association 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. �
9.1.3 If damage to the Common Elements, the Limited Common Elements, or
other Units, is caused by an Owner or such Owner's occupants, gnests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the damage or correct the '
condition, charge the Owner for the cost of the maintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1_ The Association shall have an easement on, over,and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9.1.4 Notwichstanding the assigntnent of any maintenance obligations to an
, Owner, the Association shal! have authority to approve any maintenance which affects
any part of the Property other than the Unit, which may impair any easement, or�which
alters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association afso has the obligation to maintain the Common Elements
in accordance with that certain Deciaration of Easements, Restrictions and Covenants for .
Stonebay recorded in the office of the County Recorder in and for Hennepin County,
Minnesota, on July 29, 2004,as Document No_ 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway lying within the Common Elements.
9.2 Oqtiona] Maintenance bv Association. 1n 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 bailot, undertake to provide
� maintenance to parts of the Units. �
I
' 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
i Assessments, unless otherwise pmvided 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 Resuonsibilitv. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and repiacement as follows: .
MPLS-Word 95281.1 I 22
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9.4_1 To maintain all portions of the Owner's Unit in good, clean, and san ary •
�°ndition, and to maintain the Limited Common Elements allocated to the Owner's nit
tb the extent assigned to the Owner under Section 9.1.1. The Association may require thai �
t�e Owners perform their maintenance obfigations in accordance with stand rds
e�tablished by the Association.
� 9.42 T� gerfor„i the foregfling maintenance obligations in such manner as noi '
tl dama e the Pra eri , or unreasflnabl disturo or cause a hazard ta other Per�ons
� � P Y Y
_ o�cupying or usin�the Property. I
The Association may, with the approval of the Members, undertake ny
� a�aintenance of a Unit which the responsible Owner fails to or impraperly performs, nd
sess the Unit and the Owner for the cost thereof. No such approval shall be neces ary
i�' the Association has the authority under the Governing Documents to perform s ch
�a�ntenance. Such cost shall be a personal obligation of the Owner and a lien against the
wner's Unit. Owners and Occupants shall promptly notify the Association of defec in
o�damage to those parts of the Property which the Association is obligated to maint in.
T�►e Board may require that the 4wners perform their maintenance obligations in
a¢cordance with standards established by the Association.
9�S Waste of Common Utilities or Commonly Metered Utilities. An Owner or
Occupan of a Unit shall not cause waste, or unreasonable use, of common utilities or ntili ies
that serv the Unit but which are commonly metered. In the event the Association determi es
thac such waste or unreasonable use is occumrig, the Association shall have the authority to I vy
against t�e Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, char es,
and fees (whether billed by the utility provider, or otherwise) associated with that waste or
unreason�ble use. Such costs, charges, and fees shall be calculated by the Association us ng
reasonab e methods. Notwithstanding any provision to the contrary in this Declaration, he
Associati n may repair or correct any condition (and enter upon any Unit and Limited Co on
Element o do sa) causing the waste or unreasonable use. Tt�e cost of the repair or correct on
may, at t e Boacd's discretion, be assessed against the Unit, and may,at the Board's discreti n,
� be the pe�sonal obligation of the Owner of the Unit and a lien against the Unit
9. Restrictions on Changes to the Propertv. Except as permitted by this Declarati n, . '
no Owne ar Occupant shall, without prior written authorization from the Board in accorda ce
with Sect on 7.12:
4.6.1 Cause or permit any physical or aesthetic changes or alterations, whetl�er
te porary or permanent, to be made to a Unit or the Common Elements, if such char�ge
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 Comm n �
El ments that could jeopardize or impair the weather-tight integrity, safety or soundn ss
of any part of the Property, any system or equipment an or within the Property, or y
otl�er improvements located on the Property.
� 9.6.3 [nterfere with or otherwise impair any easement.
MPLS-Wocd 9*�281.1 I 23
9.7 Dut�+ to Reoort Defects. Owners or Occupants shall promptly report to the •
Association any deiect or need for repair to those parts of the Property which the Association is
obligated to maintain.
9.8 Dama�e Caused bv Owner. Natwithstanding any provision to the contrary in this
� Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
f Property is caused by the willful or negligent a�t or or.-►ission of an Owner or Qccupant,the guest
� or invitee of an Owner or Occupant, or by a condition in ar on the Property which the Owner or
� the Occupant has willfuliy 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 Cominon
Element 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 obiigation of the Owner and a lien
. against that Owner's Unit.
SECTION 10
I INSURANCE
i
]0.i Required Covera�e. The Association shall obiain 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 set forth herein issued by one or more than
one reputable insurance company authorized to do business in the state of Minnesota,as follows:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an
amount equal to one hundred percent�of the insurable"replacement cost",of the Property,
exclusive of (i)deductibles; and (ii) land, footings, excavation and other items normally
excluded from coverage (hut including all building service equipment and machinery): •
� The Association, at its sole discretion, may or may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished mil]work,
electrical or plumbing fixtures serving a single Unit, built-in appliances, impr.ovements
and betterments re�ardless of when installed, and any items referred to in Section '
515B.3-113(b)(i) -through (vii) of the Act, but must do so if required by the Federal '
Nationat Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of Veteran's Affairs ("VA"). The policy or policies shall cover personal property owned
by the Association. The policy or policies shall aiso c�ntain "lnflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include snch additionat endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a preconditian to their insurir�g, purchasing or financing a
mortgage on a Unit. The Board may also,on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitation the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain speci�ed
coverages or endorsements in effect.
10.1.2 Commercia! general liability insurance covering the use, operation, and
maintenance of the Cominon Elements, with minimum limits of one million dollars per
MPLS-Word 45281.I I 24
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''+ � +.
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o currence,against claims for death, bodily injury,property damage, and such other ri ks '
are customarily covered by such policies for projects similar in construction, loca 'on
a d use to the Property. The policy shall contain a"severability of interest"endorserr�ent
hich shall preciude the insurer from denying the claim of an Owner or Occup�ant
b canse of negligent acts of the Association or other Owners or Occupants. The po�icy
s� all include such additiana! endorsements, coverages and limits w;th respect to s ch �
h zards as may be required by the regu9ations of the FHA, VA, FNMA, or FHLMC s a
p econdition io their insuring,purchasing,or financing a mortgage on a Unit.
i !0.1.3 Fidelity bond or insurance coverage against dishonest acts on the pa of
d'lrectors, officers, managers, trustees, emp}oyees, or persons responsible for handl'ng
. funds belonging to or administered by the Association, if deemed to be advisable by the
B�oard or required by the regulations of any financing-related institution as a precondit'on
to the purchase, insuring, guarantee, or financing of a mortgage on a Unit. The fide ity �
bpnd or insurance shall name the Association as the named insured, and shal] co ]y
v�f ith the regulations of the FNMA, FHLMC, FHA or VA, if required by one of s ch
a encies as a precondition io the purchase, financing, insuring, or gvarantee o a
ortgabe on a Unit. An appropriate endorsement to the policy to cover any persons ho
' s rve without compensation shall be added if the policy would not otherwise c er
v lunteers, or a waiver of defense based upon the exclusion of persans serving wi ut
c mpensation shall be added.
L0.1.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liability insurance with such reasonable limits �nd.
c �erages as the Board shall determine from time to time.
10:1.6� Such other insurance as the Board may determine from time to time t be
i the best interests of the Association and the Owners.
1 b.2 Premiums; Imarovements; Deductibles. Except as provided in Section 6_4, all
insuranct premiums shall be assessed and paid as part of an annual Assessment. If
im�rovecnents and betterments to the Units are covered by the Association's property insura ce,
any incr�ased cost may be assessed against the Units affected. The Association may, in the ase
of a clai� for damage to one or more than one Unit,(i)pay the deductible amount as a Co on
i Expense' (ii) assess the deductible amount against one or more than one Unit affected in ny
reasona le manner, or(iii) require the Owners of one or more than one Unit affected to pay the
deductib e amount directly. The Association's decision as to who shall be charged with pa ing
the dedu tible amount may, but need not, be based on fault. Notwithstandin� anything to the
contrary in this Section ]0, the Association may, in the case of claim against the Associati n's
property insurance', assess the deductible amount against all of the Units equally in the event hat
the dedu tible amount is calculated by the inswance cornpany based upon the percentage of the
value or ost(replacement or otherwise)of one or more than one Unit or Building.
�
1 3 Loss Pavee; Insurance Trustee. All insurance coverage maintained by Ithe
Associat an shall be written in the name of, and the proceeds thereof shall be payable to,lthe
Associat on (or a qualified insurance trustee setected by ii) as trustee for the benefit of the
MPLS-Word 95281.11 25
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Owners and secured parties which suffer loss. The Association,or any insurance trustee selected -
by it, shatl have exclusive authority to negotiate, settle; and collect upon any c(aims or losses �
under any insurance policy maintained by the Association. '
. 10.4 Reauired Policv Provisions. A!} policies of property insurance camed by the
. Association shail provide, if practicable;that - -
10:4.1 Each Owner and secured parry is an insured Person under the policy with
respect to liability arising out of the Qwner's interest in the Common Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any
Owner or member of the Owner's household and against the Association and members of I
the Board.
10.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portian of the Property over which the Association has no
control.
. 10.4.4 If at the time of a loss under the policy Chere is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary. �
10.5 Cancellation; Notice of Loss. Al] policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
� written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
]0.6 No Contribution. All poticies of insurance maintained by the ASsociation shall be ; : .
the primary insurance where there is ather insurance in the name of ihe Owner covering the same .
properiy, and may not be brought into contribution with any insurar�ce pvrchased by Owners or
their mortgagees. • ;
]0.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly icnown as "gap covera�e"or an "H06"policy) at his or
j her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal iiabiliry, 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 �overed under the Association's policies. Upon request by the Association, an Owner
: sha{1 immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insuranee required by this Section 10.7.
Mris-woTa 9s2s i.r i �6
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S�CTION ]1 •
RECONSTRUCTION, CONDEMNATION,AND EMINENT DOMAIN
1 l.l Reconstruction. The obligations and procedures for the repair, reconstructio , or �
�15�GSItI n of the Property faltowing damage or destructian thereof shall be governed by the ct.
Any rep�ir or reconstruction shall be commenced as soon as practicable after the casualty and
shall be substantially in accordance with the plans, specifications, and design of the Prope as
initially constrncted and subsequentiy improved. Notice of substantial damage or destit� ion
shall be given as provided in Section 15.10. '
�
11.2 Condemnation and Eminent Domain. In the event of a taking of any part o the
Property by condemnation or eminent domain, the provisions of the Act shall govern; provi ed,
{i) that otice shall be given as provided in Section I S_l d, (ii) that the Association shal] be the
attomey�in-fact to represent the Owners in any related proceedings, negotiations, settlement , or
agreeme�ts, and {iii) that any awards or proceeds shall be payable to the Associati�n for the i
benefit o the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitle to
priority f�Or condemnation awards in accordance with the priorities established by the Act and the �
Govemirlg Documents,as their interests may appear.
l�.3 Termination and Li4uidation. "I'he terinination of the Condominium, and the
distributi n of any proceeds therefrom, shall be governed by the Act. Any distribution of fu ds
shall be �ased upon the value of the Units as determined by their relative value for prop rty
insuranc� purposes, and shatl be made to Owners and their mortgage holders, as their inter sts _
• may app ar,as provided in the Act.
11.4 Notice. The Association sha11 give written notice of any condemna ion
proceedi gs or substantial destruction of the Property to the :Eligibie Mortgagees entitle to
notice un�er Section l 5.10. �
11.5 Association's Authoritv. In a11 cases involving reconstruction, condemnati n, '
eminent �omain, termination or liquidation of;,zhe Condominium, the Association shall h ve
authority to act on behalf of the Owners in all proceedings, negotiations, and settlement of
claims. �11 proceeds shall be payable to the Association to hold and distribute for the benefi of
the Owne s and their mortgage holders, as their inEerests may appear, in accordance with the A�et.
SECTION 12
I
EASEMENTS
;�lie following appurtenant easements and rights are hereby granted,conveyed, dedicat d,
and reser�ed on, over, under, and across the Property, as applicable. �
12.1 Utilities, Services, and Operatine Svstems. The Common Elements and the U its
shall be s�bject to and benefited by nonexclusive easements in favor of the City, the Associati n
and all utillity companies and other service providers for the installation, use, maintenance, rep ir
and repla�ement of all utilities, services and common operating systems, such as natural g s,
electricityb cable TV, security, telephone and other electronic communications, water, sew r,
MPLS-Word 9�281.11 7 7
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septic systems, wells, and similar services, fire cantrol systems and other common operating -
systems, and metering and contral devices, which exist, which are constructed as part af the �
Property,which are approved by the City,which are approved by the Associatian under authoriry
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recordsd instruments. Each Unit, and the rights of the Owners
and Occ�apants thereof, shall als� be �ubject to and henefited by a non-exclusive easement in
favor of the other �3nits, the Common Elements, and the Association for ali such utilities, �-�'
services, fire control systems, and other common operating systems. Utilities and related
services or systems shall be instatled, used, maintained, and repaired so as not to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structura!
. 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, shali 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 shal! exist for the encroachment,for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Improvements ar alterations added pursuant to Section 7.I3 shall be limited to minor
� encroachments, and no easement shall exist unless Ehe proposed impravements or alterations
have been approved and constructed as required by this Declaration. Such easements shaU
continue for as long as the encroachment exists and shail not affect the marketability of title.
12.3 Structural Support Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in aIl walls,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access
to and from public roadways and walkways on and across those portions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or oiherwise designated by the Association, subject to any restrictions authorized by the
Governing Documents or the Rules and Regulations. The right of access of the Owners and
Occupants, and their invitees, to and from the roadway to the west of the Property, commonly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
recorded in the office of the County Recorder in and for Hennepin County, Minnesota, as
Document No. Q "�� . That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
12.5 Insoection, Maintenance, Repair, Replacement and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its a�;ents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Common Elements, the Units, and other improvements located within the
MPLS-Word 95281.1 I 2g
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Units, a d the utilities serving the Uni�s, to the exteni necessary for the Association to fulfi 1 its •
obligati ns under the Governing Documents or for Dectarant to investigate or undertak its
warran obligations. Each Owner shall afford to the Association and its management a ents
. and em�loyees, access at reasonable times and upon reasonable notice, to and through the
Owner' Unit and its Limited Comrnon Elements for inspection, maintenance, repair, and
� replace ent; provided, that access to the Unit and its Lirnited Common Elements may be had
- without�iotice and at any time in case of emergency. �
12.6 Public Safetv and Health Access. There are nonexclusive easements in fav r of
� the City and other applicable governmental authorities or agencies as shall from time to 'me
have ju �sdictian over the Property, on and across drives, walkways, parking areas, and ther
open sp ce areas of the Property for reasonable access to perform.such duties related to law
enforce ent, fire protection, life safety, heaith, and sanitation as are reasonably required �om
time to �time. Such easements shall include access through and into the affected Units and �
Lirnrted�,Common Elements in the.case of an emergency. �
�2.7 Emer�encv Access. In case of emergency or perceived threat to public healt or
safety, 11 Units and Limited Common Elements are subject to an easement in favor of ttte
Associat'on for access, without natice and at any time, by an officer or member of the Board by
the Asso iation's management agents, or by any public safety personnel. The Board may req ire
that an wner or Occupant leave keys to the Unit with another Owner of the Owner's choic�or
with the Association, and.to advise the Association's management agent or the Board of the
location of the keys, so as to allow access for emergencies when [he Qwner or Occupa�t is
absent fr{Om the Property for extended periods.
ll ;8 Recorded Easements. The Property shall be subject to such other easement as '
may be r corded against it or otherwise shown on the Plat. Any recorded easement benefitin or
burdenin the Property shall be construed in a manner consistent with, and not in conflict ith,
the ease ents created by this Declaration. Such recorded easements include, but are nat lirri ted
to, that eRain Declaration of Easements, Restrictions and Covenants for Stonebay recorde in
the o�e of the County Recorder in and for Hennepin County, Minnesota, on July 29, 20(}4 as
Docume t No. 8406752. Pursuant to;khat Declaration of Easements, Restrictions and Covena ts,
the t�sso iation has the obligatron to maintain those unpaved portiflns of Keliey Parkway I 'ng
within th�Common Elements. ,
I .9 Drainage Easernents. The Common Elements shall be subject to nonexclu ive
easemen for storm water drainage in favor of the Owners and Occupants for reasonable st rm
water d inage, and other normal siie drainage, over those parts of the Common Elements wh'ch
may be d�signed, improved,or graded for such pucposes. �
� i .10 Use and Eniovment Easements. There are nonexclusive easements in favor of he
Owners nd Occupants of the Units for use and enjoyment on and across the Comman Eleme ts,
and for xclusive u�e and enjoyment of any Limited Common Elements allocated to the U it,
subject t� any restrictions authorized by, or set forth in, the Governing Documents or the R les
and Reg lations. .
MPLS-Word�528 L 11 ' 79 '
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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 Declarant for the exercise of its declarant
rights as described in the Governing Documents, and for the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafter to review the condition of the i
Property and Building systems and to determine whether Unit and $uilding maintenance .
requirements are being followed,
12.I2 Duration. Restrictions, and Use. The rights and easements granted or reserved by
this Section IZ shall be permanent, shall run with the land unless otherwise expressly indicated,
and shall be subject to the following qualifications:
t2.12.1 The easements shall supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
12.12.2 The easements shall be subject to 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.
12.123 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements iocated thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting or
� burdening .the Property, or any equipment ar improvements relating to the easement,
, subject to this Declaration and the right of the Association to i�npose reasonable Rules
and Regulations governing the use of the Property. �
12.12.5 No improvements shall be erected or maintained, no excavation, .
grading or reshaping�shall be undertaken; and no fill or otiier 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 irnpede the intended flow of water
through any drainage easernent area.
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12.12.6 Persons exercising easement rights shall (i) take reasonable care to
� avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
afl costs incurred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and {iv) hoid harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easement
rights.
12.12J Declarant's easement rights described in this Dectaration shall
terminate when Declarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaration
shal] constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Common Elernents be and remain priyate property
MPLS-Word 95281.11 3�
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�ubject to operation and regalation by the Association, and ihat the Units be and re ain '
�rivate property subject to operation and regulation by th� respective Owners th reof
nd/or the Association,as applicable,a11 in compliance with the Governing Documen s.
; 2.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exe cise
� of its ri hts under t�is Declaration, and except for the Board in the exercise of authority gr ted
by the Governing Documents, no Ferson sha41 create, grant, or convey any easemen or
compa ble rights �pon any portion of the Property without the prior written approval of�the
Board; rovided, that the Board shall authorize an Owner to grant an easement over the O er's
Unit if i) the easement will not adversely affect the Common Elements ar another Unit an (ii)
the eas�ent is consisient with the overall design and plan for the Property as establishe by
Declara t and approved by the City.
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12.14 Continuation and Scope of Easements. Notwethstanding anything in this '
, Declara�ian to the contrary, no Owner or Occupant shall be denied reasonable access to hi or
her Unit�or the right to utility services thereto. The easements set forth in this Section 12 alt
supplem nt and not limit any easements described elsewhere in this Declaration or recorded, and
shall in�lude reasonable access to the easement areas through the Units and the Com on
Element for purposes of maintenance, repair, replacement, and reconstruction. All ease ent
rights s atl include a right of reasonable access to maintain, repair, and replace the utility 1 nes
and rela ed equipment.
SECTION 13
COMPLIANCE AND REMEDIES
�ach Owner and Occu ant, and an other Person ownin or ac uiri
P Y g q ng any interest m the
. Property} shall be governed by and comply with the provisions of the Act, the Gove ing
Docume�its, and the Ruies and Regulations, and such amendments thereto as may be made f om �
time to Itime, and the decisions of the Association. A failure to comply shall entitle the �
Associat on to the relief set forth in this Section, in addition to the rights and remedies authori ed
elsewher�e by the Goveming Documents and the Act.
1 .l Entitlement to Relief. The Association may commence legal action to reco er
sums d , for damages, for injunctive relief or to foreclose a lien owned by it, or ny
combina ion thereof, or an action for any other retief authorized by the Governing Documen or
availablel at law or in equity, Legal relief may be sought by the Association against any Ow er, �
or by ar� Owner against the Association or another Owner, t� enforce compliance with he
Governi g Documents, the Rules and Regulations, the Act, or the decisions of the Associati n.
Howeve ,no Owner may withhold any Assessments payabte to the Association,or take(or o it}
other act n in violation of the Governing Documents,the Rules and Regulations,or the Act, s a
measure o enforce such Owner's position,or far any other reason.
I ? Remedies. In addition to any other remedies or sanctions, expressed or impli d,
administ tive or legal, the Association shall 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 provisions of the Governing Docuinents, the Rutes and Regulations,or the Act: '
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MPL$-Word 5281.11 3�
i3.2.1 Commence legal action for damages or equitable relief in any couR of �
� campetent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
instailment thereof, such interest to accrue beginning on the first day of the month
following the month for which the Assessment or instaltment was due.
13.2.3 in the event of default of more than thirty days in ti�e payment of any
Assessment or instailrnent thereof, all remaining insfallments of Assessments assessed
against the Unit owned by the defau(ting Owr►er may be�accelerated and shall then be
payabie in full if all delinquent Assessments or installments thereof, together with ail
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defaulting Owner_
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act,the Goveming Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided,that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities
service and access to the Unit. Such svspensions shall be timited 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
Qccupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry oui its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
which, or as to which, a violation or breach of the Governing Documents exists which �
materialiy affects,or is iikely to materially affect in the near future, the health or safety of '
the other Owners.or Occupanu, or their guesu, or the safety or soundness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and#o summarily
abate and remove, at the expense of the offending Owner or Occupant, any stnscture,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causing the violation; provided, that any improvements which are a part of a Unit rnay
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall have an easement to carry out its authority under this Section
!3 Z.7.
13.2.8 Foreciose any lien arising under the provisions of the Governing
Docu�nents or under law, in the manner provided by the Act.
133 Rights to Hearin�. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13Z.4, 13.2_5, 132.6, or 13.2.7, the Board shall, upon written request of the
MPLS-1t'ord 9523 L l l 32
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offendi g Owner, grant to the offending Owner a hearing as contemplated by the Act andl,.this �
Section 13.3. The hearing may be held before the Soard or a committee of three or �jnore
disinter sted Owners appainted by the Board. The offending Owner shall be given notice o the .
nature f the violation and the right to a hearing, and at least ten days within which to requ t a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty da s ot'
receipt `f the hearing request by the Boartl/com.mittee, and with at least ten days prior w ttet�
notice t the offending Owner. If the afiending t")wner fails to request, or to appear at #he
hearing, then the right to a hearing s}��all be waived and the Board/committee may take uch
action a� it deerns appropriate. Hearings shall be conducted in a fair and equitable manner. The
decisio� of the Board/committee and the rules for the conduct of hearings established b the
Board/cpmmittee, shall be final and binding on alt parties. 1fie $oard's/c�mmittee's dec sion
shall be delivered in writing to the offending Owner within ten days following the hearing, i not
delivereid to the offender at the hearing. Any fines to be impased by the Association may, a the �
Board's�Committee's discretion,be retroactive to the date of the violation or offense.
3.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expe ses,
penaltie , or interest imposec! under this Section shall be a ]ien against the Unit of the Own r or
Occupa t against whom the same are imposed and the personal obligation of such Owner i the
same m nner and with the same priority and effect as Assessments under Section 6. Thei lien
shall att ch as of the date of imposition of the remedy, but shall not be finai as to violations for
which a hearing is held until the Board makes a written decision at ar following the hearing.i Ali
' remedi shall be cumulative, and the exercise of, or failure to exercise, any remedy shail n�t be
deemed a waiver of the Association's right to pursue any other remedy. _
3.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any colle tion �
measur s, or any measures or action, 1ega1, administrative, or otherwise, which the Associ tion
takes t enforce the provisions of the Act, the Governing Documents, or the Rules and
Regulat ons, whether or not finally determined by a court or arbitrator, the Association may -
assess he Unit owned by the violator with any expenses incurred in eonnection with uch
enforce#nent, inciuding without limitation fines or charges previously imposed by the .
Associaltion, reasonable attorneys' fees, and interest (at the highest rate aUowed by Iaw) o the
delinqu�nt amounts owed to the Association•. Such expenses shall also include�ny collecti r�or
conting�ncy fees or costs charged to the Association by a collection agency or other P son
acting oln behalf of the Association in collecting any delinquent amounts owed to the Associ tion
by an Cpwner or Occupant. Such collection or contingency fees or costs shall be the per onal
obligati n of the Owner and shall be a lien a�ainst the Owner's Unit.
3.6 Liabilitv for Acts of Owners and Qccupants. An Owner shall be liable fo the
eCpens of any maintenance, repair, or replacement of the Progerty rendered necessary by�uch
� Owner' acts or omissions, and by that of Occupants ar guests in the Owner's Unit,to the e�ktent
that suc expense is not covered by the proceeds of insurance carried by the Association or�uch
Owner r Occupant. However, any insurance deductible amount and/or increase in insur�nce
rates, r sulting from the Owner's acts or omissions may be assessed against the O ner
respons ble for the condition and against his or her Unit.
MPLS-Wo 9528I.11 33
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13.7 Enforcement by Owners. The provisions of this Section shail not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Reguiations,and the Act,as pmvided therein.
13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
• Association may not commence any judicial or administrative action on behatf of the Owners
� (ather than an action commenced to enforce the Governing Documents or the Rules and
Regulatioris, or to defe�d the Association), without first obtaining the affirmative vate of the
Owners to which are aiiocated at least sixty-seven percent of the votes in ths Association, in
peison or by praxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot
ISECTION 14
AMENDMENTS �
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14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 1 b, this Declaration may be amended anly by the approvai o€:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association,except as otherwise provided by the Act; and
14.1.3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit
finance) as and if required by Section 15.
14.2 Procedure�. Approval of the Owners may be obtained in writing ar at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shal] be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shall be effective when recorded.as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for a!1 purposes, including without limitation;the recording of the amendment.
SECTION 15
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RIGHTS OF ELIGIBLE M4RTGACEES
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:
t 5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section I5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
MPLS-Word 95281.I i 34 .
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provisi�n governing the following: {i) voting rights; (ii) increases in an annual Assessme t of '
more t an twenty-five percent over the prior year's annual Assessment; (iii)Assessment lie s,or
priority of Assessment liens; (iv} reductions in reserves for maintenance, repair and replace ent
of Co mon Elements; (v) responsibility for maintenance and repairs; (vi) reallocatio of
interest in the Common Elements or Limited Common Elements, or rights to their use; (vii)
redefini ion of any Unit boundaries; (viii) convertibility of Uniis in[o Cammon Elements er vice
versa; (x) expansion or contraction of the Properiy or the addi"tion, annexation or withdraw i of
propert to or from the Property; (x) hazard or fidelity insurance requirements; (xi) impositi n of
materia�restrictions on the ]easing of Units; (xii} impositian of any resirictions on an Ow er's
right to�sell or transfer his or her Unit; (xiii) restoration or repair of the Property(after a h ard
damage or partial condemnation) in a manner other than that specified in the Gove ing
Docum nts; (xiv) any action to terminate the lega] status of the Condominium after substa tial
destruct �n or condemnation occurs; or (xv) any provisions that expressly benefit Eli�ble
Mortga ees,or insurers or guarantors of mortgages.
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5.2 Consent to Certain Actions. Subject to Declarant's rights under Seetion, the
written onsent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units that
are sub ect to first mortgages held by Eligible Mortgagees {based upon one vote per nit
finance ) shall be required to (i) abandon or terminate the Condominium; (ii) change the
allocati ns of voting rights,Common Expense obiigations or interests in the Common Elem nts;
(iii) pa ition or subdivide a Unit except as permitted by statute; {iv) abandon, parti ion,
subdivi e, encumber, or sell any Common Elements; or {v) use hazard insurance proceed for
other th n the repair,replacement or reconstruction of the Property,except as otherwise prov ded
by law.
153 Consent to Subdivision. No Unit may be partitioned or'subdivided without the
prior tten approval of the Owner and Eligible Morkgagee thereof,and the Association.
t5.4 No Ri�ht of First Refusal. The.right of an Owner to sell, transfer, or othe ise
convey ,is or her Unit shall not be subject to any right of first refusal or similar restrictions.
1�5.5 Prioritv of Lien. Any Person who comes into�ossession of a Unit by foreclo ure
of the fi�st mortgage on a Unit, or by deed or assignrnent in lieu of foreclosure of the �rst
mortgag� on a Unit, takes the Unit free af any clairns for unpaid Assessments or any o her
charges r liens imposed against the Unit by the Association which have accrued against s ch
Unit pri r to the acquisition of possession of the Unit by said Person; (i) except as provide in
. � Section ,9 and the Act and (ii) except that any unreimbursed Assessments or charges ma be
reall_ocat d among all Units in accordance with their interests in the Cornmon Elements. �
1 .b Prioritv of Taxes and Oiher Char�es. All taxes, assessments and charges w ich
may bec�me liens prior to the first mortgage under state law shall relate only to the indivi al
Umts an not to the Property as a whole.
I I .7 Prioriry for Condemnation Awards. No provision of the Goveming Docum ts
shall giv an Owner, or any other party,priority over any rights of the E(igible Mortgagee of he
Unit pur ant to its mortgage in the case of a distribution to such Owner of insurance proceed or
c�ndemn tion awards for losses to or a taking of the Unit and/or the Common Elements. he
MPLS-word s2s,.>> 35
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Association shall give written notice_to all Eligible Mortgagees of any condemnation or eminent �
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority,
15.8 Requirements for Management A�reements. The term of any agreement for
- . professional management of the Property shall not exceeii two years. Any such agreement shall '
provide for terminatian withaut penalty ar 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 notice. .
15.9 Access to Boaks and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage loan against a Unit, sha�l have the right to examine the books
and records of the Association upon reasonable notice, during rtormal business hours, and to
. receive free of charge,upon written request, copies of the Association's annual reports and other I
financia} statements. Financial statements, including those which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutionai guarantor or insurer of a mortgage loan against a Unit, may
require that, ai its 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 Requirements. Upon wriiten request to the Association, identifying the
' name and address of the holder, insurer or guarantor of a mortgage on a Unit, and the Unit
number or address,the holder,insurer or guarantor shail be entitled to timely written notice of:
I 5.10.1 a condemnation loss or any casaalty loss which affects a material portion
o f the Property or the Unit securing the mortgage;
� I5.10.2 a sixty day delinquency in the payment oF Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15_10_4 a proposed action which requires the consent of a specified percentage of
Eiigible Mortgagees. �
SECTION lb -
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
speciai Declarant rights within the meaning of Section S 15B.1-103(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
16.1 Complete �nprovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise incladed in Declarant's development plans or
MPLS-Word 95281.1 I 36
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allowe by this Deciarati4n, and to make improvements in the Units and Common Eleme ts to '
accom odate the exercise of any special declarant rights.
6.2 Ri�hts to Relocate Boundaries, Subdivide, Convert or Combine Units. (i)
relocat the boundanes of any Unit owned by it, or (ii} create additional Units, Co on
Elemen�s, and Limited Common Elements, or any combination thereof, by the subdivi ion,
partitiorl, conversion, or combining of any Unit or Unifs owned by it, as authorized by the Act.
The ma imum number of additianai Units that rnay be created within the Condominium pur uant
to this e�tion 16.2 is 5.
6.3 Sales Facilities. To construct, operate, and maintain one or more than one � del
Unit, a d other devetopment, sales, and rental facilities within the Common Elements, and
within ny Units owned or leased by Declarant from time to time, located anywhere o the .
Proper�ty.
6.4 Si�ns. To erect and maintain signs and other sales disp)ays offering the Uni for
sale or 1 ase,within any Unit owned by Declarant and on the Common Elements.
6.5 Easements. To have and use easements, for Declarant, Declarant's emplo ees,
contract rs, representatives, and agents and prospective purchasers, through and over the
Commoh Elements For the purpose of exercising�ts special declarant rights. �
6.6 Control of Associatifln: To control the operation and administration o the
Associa ion, including without ]imitation the power to appoint and remove the members o the
Board p rsuant to Section S I SB.3-103 of the Act, until the earliest of (i) voluntary surrend r of
control y Declarant, {ii) an Association meeting which shal] be held within sixty days fter
conveya, ce to Owners other than Declarant of sevenry-five percent of the total number of nits
authoriz�d to be included in the Property, or {iii) the date three years followin� the date o the
.first con eyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing the
Owners other than Deciarant shall have the right to nominate and elect not less than thirty-t ree �
and one third percent of the directors at a meeting of the Owners which shall be held within ixty
days fo ]owing the conveyance by Declarant of fifty percent of the total number of nits +
authoriz d to be included in the Property. �
]'6.7 Consent to Certain Amendments. Declarant's written consent shall be requ�red
for any mendment to the Governing Documents or the Rules and Regulations which directl or
indirectl affects Declarant's rights unc3er the Governing Documents or the Act. �
;
SECTION l7
' MISCELLANEOUS
1'7,l . Severabilitv. lf any term, covenant, or provisian of this instrument or any ex ibii
attached hereto is held ro be invalid or unenforceable for any reason whatsoever, ch
determi ation shall not be deemed to alter, affect, or impair in any manner whatsoever any o her
portion f this Declaration or exhibits attached hereta �
] .2 Construction. Where applicable, the masculine gender of any word used he ein
shall m n the feminine or neutra] gender, or vice versa, and the singu]ar of any word sed
herein s all mean the plural, or vice versa. References to the Act, or any sections thereof, s all
MPi.S-�Vord 95281.11 37
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� be deemed to include any statutes amending or replacing the Act, and the comparable sections "
thereof.
. 17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to_a demand by the Association against Declarant for indemnification pursuant to the
Act, the Association shall promptly tender the defense of the action to its insurance carrier, and
give Decfarant (i) written notice af 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 otherivise in the Governing Documents or
the Act, all notices required to be given by or to the Association, the Board, the Association
of�icers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
17.5 Conflicts Amons Documents. In the event of any conflict among the provisions �
of tf�e Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall control
unless it permits the docurrients to control. As ainong 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 controi.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Declaration shall be perpetuat, subject only to termination as
provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigned has execnted this instrument the day a �
year first set forth ahove.
O.C. D VEL
By
!ts ie an er �-
STATE OF MINNESOTA )
) ss. •
COUNTY OF al�'t5 )
� T'he foregoing instrument was acknowledged before me t�is p��day of �v i
�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a Mmnesota
limited liability company,on behalf of said limited liability company.
�J `
No ublic
TH1S 1NSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman,Esq.
FELHABER, LARSON, FENLON& VOGT', P.A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SCOTTLKRYI�ISKI . _
(612) 373-8418 NOTaaY�uauc-r��sorA ,.;.
�nr�►oN�s,�a.�,zmo �
MPLS-Word 95281.12 3 g
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COMMON INTEREST COMMUNITY NO. ]578 4
Condominium
I
STONEBAY OF ORONO CONDOMINIUM I',
� E7CHdBI`F'A Ta�IECL.�RA i ION � I
UNDERLYING LEGAL �DESCRIPTION OF THE PROPERTY
i
�.ot l,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. ,
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MPLS-Wo 9s�s�.�� 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 � �
Condomenium
, STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECI,ARATION �
SCHEDULE OlF UNITS,AND ALLQCATION OF COMMON EXP�NSES ANI!
UNDIVIDED INTERESTS 1N THE COMMON ELEMEN'TS
AIlocation of Cornmon Expenses and
Unit Identifier Undivided Interests in the Common Elements
i
10I 1/57 I
102 1/57
1 Q3 1/57 '
104 1/57
]OS l/57
106 ]/57 �
107 1/57
108 1/57
109 1/57
1 l4 1/57
111 1/5?
112 1/57
113 1/57
� 114 1/57
115 1/57
116 - � I/57
117 . 1/57
118 I/57
201 1 J57
202 l/57 .
203 1/57
�04 1/57
205 - 1/57
�a6 1/57
207 1/57
208 I/57
209 1/S7
zia iis�
211 1/57
2I2 1/57
MPLS-1Vord 95281.1 I 40
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I
' Allocation of Common Expenses and "
Un't Identifier Undivided Interests in the Common Elements i
213 1i57 I
?14 l/57 , .
2I5 1/57 �
216 I/57
237 ' 1/57 . �
218 1/57 ' � i
Z l9 1/57 ,
�?Q i/57 I
301 1/57
_ ' 302 1/57
303 1/57
304 U57
305 1/57
306 . 1/57 i
307 1/57
308 1/57
309 � I/57
310 _ 1/57
31 t 1/57
, 3 i2 1/57
313 1/57
314 i/57
315 U57
316 ' 1/57 '
317 � 1/57 ,
�, 318 1/57
3I9 1/57 �
TOTAL: 57/57(100%)
MPLS-Word 9528I.I 1 4�
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COMMON INT�RES'r COMRIUNI'1'Y NO.NO. 1578
Condi�minium '
STONEBAY OF ORONO CONllO��l.IVIUM
CONSEN`T BY MQ.R'7'Cf\��E �
The undersigned (the "Mortgagee") is a n�ortgagec of portions ot'�the rea! praperty
described in the attached Declaration of Stonebay of Orono Condo��iinium (the "Declaration").
Mortgagee hereby consents to ihis Declaration; provided, that by consenting to the Declaration,
(i) Mortgagee does.not in any manner constitute itself'or obligate itselfas a Declarant as defii�ed
in the Deciaration, (ii) such consent does nol modify or ainend the tei�ns and conditions of the
Mortgagee's tnortgage and related foan documenLs, and (iii)such mort�;age shall remain as a lien
on the properiy descr'sbed lherein, prior to any liens imposed under the Declaratio�i,until released
or satisfied. �
I�(WITNESS WH.ERE F, the Mortgagee has caused this Consent to be esecuted on
the I� , day of S� , 2pp7, .
14lAlNS7'REE'I'Bt1NK
' n G,��-.�--� .
��=
STATE OF MINNESOTA ) �
- ) ss. � .
COUNTY OF���� )
� The foregoing instrument was- ack.nowledged before n�e this �lo� day of
�.n�,o�r, 2007, bY R.a•r��.� �_, thc ��,:or Ui� of
Mainstreet Bank,a Minnesota bank corp�ration,on bchalf of said entily. Pi+rr��C�-
� ,
=Notary Pubiic .
TH1S 1NSTRUMENT WAS DRAFTED BY: ,
Fredrick R. Krictzman, Esq. �
FELHABER, LA`�ZSON, I'ENLON &VOGT, P.f�. SCOTTLKRYNSIQ
220 South Sixtli, Suite 2200 NOTARYPUBl1C-t�SOTA
. NY COMMISSIOlJ EXPIRES JAN.31,2010
Minneapolis, Minnesota 55402 '
(612)373-8413 �
.
Mrt.s-wo.a vszsi.i r 42 ,
i
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COMMON •
INTEREST COMMUNITY NO.NO. 1578
� Condaminium
� STONEBAY OF OR ,
ONO CONDOMINIUM
CONSEN�'B�' MORTGAGEES �
'�'he unciersi ned the "Mort a ees" are m rt
o a ees of
ortio
ns of the e '
r ai ro II rt
g � $ g ) gg P P P� Y
describe�i in the attached Declaration of Stonebay of�rono Condominium (the "Declaratio�").
Mortgag�ees hereby consent to this Declaration; provided, that by consenting to ihe Declaratjon,
(i) Mort agees do not in any manner constitute themselves or obligate themselves as Declar�nts
as defin d in the Declaration, (ii) such consent does not modify or amend the terms $nd
conditio s of the Mortgagees' mortgage and related loan documents, and (iii) such mortg�ge
shall re ain as a lien on the property described therein, prior to any liens imposed under �he
Declarat�on,until released or satisfied. I
II�1 WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on
the—/ 7�day of I��-c�-c.c_S �" ,2007.
� � .�
�� I
� Dave 1
�'""t .
Ra dy Koch
STATE OI�MINNESOTA ) .
) ss.
COUNTYI OF O� � �'�- )
The fore oin instrument was acknowled ed 7 f'� I
g g before me this / day f
1�1�.. w �' ,2007,by Dave Koch and Randy Koch.
.-�., aoeExrKsuss /�
' ' NofarY P�Yc � l� `' �� 2 o b�, f IL �sr
� MMneuls .
W conm�re,,tan�,zoto Notary Public ,y� y c o.,.. .,..,�)r� - ��
-[ „��,o r rCS �/3/ ��6/ u
THIS INS RUMENT WAS DRAFTED BY:
Fredrick R Krietzman,Esq. I
FELHABE , LARSON, FENLON &VOGT, P.A. I
220 South ixth, Suite 2200 1
Minneapoli�s,Minnesota 55402 I
(612}373-�41$ ,
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