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COYIMON INTEREST COMMUNITY NO. 1578
' Condominium
ST�NEBAY 4F ORONO CONDOMINIUM
� DECL,ARATION
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' This eclaration is made in the county of '� , state of Minnesota, on this
��day o � vt5� , 2007, by O.C. Development LC, a Minnesota limited Iiability
company (t "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter S l5$,
known as t e Minnesota Common Interest Ownership Act (the "Act"), for the purpose of,
creating Sto ebay of�Orono Condominium as a condominium under the Act.
, WH REAS, Declarant is the owner of certain real property located in Hennepin County,
Minnesota, 1 gally describ�d in Exhitrit A attached hereto, and Declarant desires to stabmit said-
real propert and all improvements thereon (collectively the "Property") to the Act as a
condominiu ,and
WH REAS, Declarant desires to establish� on the Property a plan for a permanent
residential c mmunity to be owned, occupied, and operated for the use, heafth, safety, and
welfare of t e Owners and Occupants, and for the purpose of preserving the value,the structural
. quality, and he original architectural character of the Property,and
WH REAS, the Property (i) is not subject to a master association as defined in the Act;
(ii) is not s bject to an ordinance referred to in Section S15B.;-I06 of the Act, governing
conversions o common interest ownership; and(iii} does not include any shoreland as defined in
Minnesota S atutes Section 1Q3F.2Q5.
TH REFORE, Declarant subjects the Property to this Declaration under the name
"Stonebay o�Orono Condominium," consisting of the Units referred to in Section 2, declaring
that this De laration shall constitute covenants to run with the Property, and that the Property
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- shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, •
charges, and liens set forth herein, ail of which shall be binding upon all Persons owning or
. acquiring any right, title, or interest therein, and their heirs, personal represen[atives, successors,
and assigns.
� � SECTION ] •
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i � DEFINITIONS
?'he following words vvhen used in the Governing Documents shall have the foilowing meanings
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(unless the context indicates otherwise):
� 1.1 "Act" means Minnesota Statutes Chapter 5•15B, known as the Minnesota
j Common lnterest 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.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
- Chapter 317A and Sectian SISB.3-101 of the Act, whose members consist of all
Owners.
i.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
1.5 "BuildinQ" means each structure which is or becomes a part of the Property and
which contains at leasi one Unit_
l.6 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "Citv„means the city of Orono, Minnesota.
1.8 "Common Elements" means all parts of the Property except the Units, including
all improvements thereon.
1.9 "Common Ex,penses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation; including Assessments and
items otherwise identified as Cornmon Expenses in the Governing Docnments.
1.10 "Condominium" means the condomininm created by this Declaration and known
as Stonebay of Orono Condomirtium.
1.11 "Declarant Control Period"means,the time period during which Decla�'ant has the
exclusive right to appoint the members of the Board,as described in Section I6.
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5.12 "Eii�ible Mort�aQee" means any Person which owns a first mortgage on a Unit ' '
and which has requested in writing that the Associatian notify it regarding any
proposed ac�ion which requires approval by a specified percentage of Eligibie
� Mortgagees.
- l.:3 "Governin� Documents" means this��eclaraiion, tl:e Bylaws, and the Articles of
� ]ncorporation of the Association, as those docurnents may be amended from time
to time,all of which shall govern the use and operation of the Praperty.
1.14 "Limited Common Elements"means a portion of the Common Elements allocated
, by this Deciaration or by operation of Section S 15B.2-102(d) or(� of the Act for
I the exclusive use of one or more but fewer than all of the Units.
1.15 j "Member"means a Person who is a member of the Association by virtue of being �
j an Owner as defined in this Declaration. The words"Owner"and"Member"may
be used interchangeably in the Governing Documents.
1_l6 "Occunant" means a Person,other than an Owner, in possession of,or residing in,
a Unit. .
1.17 "Owner" means a Person wha owns a Unit, but excluding a contract for deed
vendors,a mortgagee,a holder of a remainder interest or a reversionary interest in
I a life estate, and any other secured parties within the meaning of the Act. The ;
term "Owner" inciudes, without limitation, a contract for deed vendee, and a �
holder of a life estate. -.
1.18 "Person" means a natural individual, a corporation, a limited liability company, a
partnership, a trustee, or other legal entity capable of holding title to real property.
1.19 "Plat" means one or more than one recorded plat depicting the Property pursuant
to the requirements af Section 51 SB.2-110(c) of the Act, and satisfying the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable, �
' including any amended or supplemental Plat recorded from time to time in
accordance with the Act. •
1.20 ; "Propertv" means aIl of the real property subjected to this Declaration, now or in
' the future, including all structures and improvements located thereon. The
Property is legally described in Exhibit A attached hereta
1.21 "Rules and Regu3ations" means the Rules and Regulations of the Association as
approved from time to time pursuani to Section 5.6. �
1.22 "Unit" means a part of the Property within a Building other than the Common
E]ements, including one or more than one room or enclosed space designed and
intended for separate ownership and use, alI as described in Section 2 and shown
on the PEat.
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• The terms used in the Governing Documents, and defined in the Act and not in this Section,shall '
have the meaning set forth in the Act. References to section numbers in this Declaration shall
refer to sections of this Declaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, $�UNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section i6. A11 Units are restricted exclusively to resideniial use.
Each Unit constitutes a separate parcel af real estate. No portion af a Unit shall be transferred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section ]b, 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 herein by reference. A schedule of the Uniu is
set forth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing rnaterials adhered to the interior of the tJnit boundaries
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utility]ines, pipes, ductwork, mechanical,
. electrical, or plumbing systems, or other common facilities serving more than one Unit, but
Iocated in or Qassing through a Unit, shall be Common Efements. The boundaries of each Unet
shall also extend atong 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, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces,�interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Anuurtenant Easements. The Units and the Common Eiements shall be subject to
and benefited by the easements described in Section 12. i
SECTION 3 i
COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTHER PRQPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.i.1 All of the Property not included within the Units constitutes Common
Eiements. 1'he Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat, or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the righ[s of Owners and Occupants in Limited Common
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Elem nts appurtenant to their respective Units; and (iii) the right of the Association to . �
estab ish reasonable Rules and Regulations governing the use of the Property; i
3.l.3 Except as otherwise expressly provided in the Governing Documents, (i)
no i provement, modification, construction, or change of the Common Elements shali
. take lace by an Owner or Occupant without p,rior written authorization by the Board and
(ii)a 1 maintenance,repair,replacement, improvement,management, and operation of the
Com on Elements shall he the respansibility of the Association;and
3.1.4 Comrnon Expenses for the maintenance, repair, replacement,
man gement, and operation of the Cornmon Elements shall be assessed and collected
from the Owners in accordance with Sectian 6.
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3.2 � Limited Common Elements. The Limited Common Elements are those parts af '
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the Commor} Elements reserved for the exclusive use of the Owners and Occupants of the Units
to which th are allocated, as described in this Declaration and the Act. The rights to the use
and enjoym nt of the Limited Common Elecnents are automaticaUy conveyed with the .
conveyance f such Units. The Limited Comrnon Elements are described and allocated to the
Units as foll ws:
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� 3.2_1 Those items or areas designated as Limited Common Elements on the Plat
or b the Act are allocated as indicated therein.
3.2.2 lmprovements, if any, such as decks, patios, porches, balconies, shutters,I
awni gs, perimeter windows and doors, window screens, window boxes, sleeves and I
fattin s surrounding window air conditioning units, chimneys, driveways, walks,
door teps ar�d stoops, constructed as part of the originai constructian to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to Section
� 7.1 Q iocated wholly or partially outside the Unit boundaries, are allocated exclusively to
the nit or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other uti.lity
insta lations, bearing walls, bearing columns, or any other components or fixtures iying '
parti�lly within and partially outside the boundaries of a Unit,and serving only that Unit,
. are a(located to the Unit which they serve. Any portion of such insta)lations serving or
affedting the function of more than one Unit or any portion of the Common Elements is a
part pf the Cornmon Elements,but is not a Limited Common Eiement. ,
� 3.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than ne Unit, and located wholly or partially outside the�oundaries of one or more than
one Unit, are Limited Common Elements allocated to each Unit served by such
equi ment.
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• SECTION 4 •
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Un'st of a portion o#'the votes
in the Association, a.portion of the Common ExpenseS, and a portion af the undivided interests
in tne Common Elements,snaiI be governed by the foiIowing proyisions:
4.] Niembershin. Each Owner shall be a Member solely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,all such Persons shall be members of the Association,but . '
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit nor �
authorize the division of the voting rights. '
4.2 Allocation of Votine Ri�hts, Common Expenses, and Undivided lnterests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, suhject to rhe 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 ObliQations. The ownership of a Unit shall include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
obligations, and the title to the Units, shall not be separated or conveyec3 separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate frorn the title to the Unit shall be void. The allocation of the rights and obiigations
described in this Section may not be changed, e:ccept in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as proxy ;
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The
vating rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
ADM[NISTRATION
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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 foltowing provisions:
5.1 General. The operation and administration of the Association and the Propecty
shall be governed by the Goveming Docurnents, the Rules and Regulations, and the Act. 'I'he
Association shall, suhject to the rights of the Owners set forth in the Governing Documents and
. the Act, be responsible for the operation, management, and control of the Property. The
Association shall have 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 oard, unless action or approval by the individual Owners is specifically required
by the Gove ing Documents or the Act. All references to the Association shall mean the
Association ac ing througti the Board,unless specifically stated to the contrary.
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5.2 Operational Purposes_ The Association shall operate and manage the Property for
the purposes f{i) administering and enforcing the covenants, restrictions, easements, charges,
and liens�set f rth in the Goveming Documents and the Rules an� Regulations, (ii) maintaining
repairing, an replacing those portions of the Property and ather property for wk�ich it is
responsible, a d(iii) preserving the value, and the architectural uniformity and character, of the
Property. �
5.3 �Bindin� Effect of Actions. All agreements and determinations made by the
Association i accordance with the powecs and voting rights established by the Governing
Documents o the Act shall be binding upon all Owners and Occupants,and their lessees, guests,
heirs, persona� representatives, successors, and assigns, and all secured parties as defined in the
Act.
5.4 �Bvlaws_ The Association shall have Bylaws. T'he Bytaws shall govern the
operation an administration of the Association, and shail be binding on all Owners and
Occupants.
5.5 Mana�ement. The Board rnay delegate to a manager or managing agent the
managerneni duties irr�posed upon the Association's officers and directors by the Governing
Documents a d the Act. However,such delegation shall not relieve�the officers and directors of '
the ultimate esponsibility for the performance of their duties as prescribed by the Governing
Documents�d by law.
5.6 Rules and Reg�ulations. The Board shall have exclusive authority to approve and
implement s ch reasonable Rules and Regulations as it deems necessary from time to time for
the purpose f operating and administering the affairs of the Association and.regulating the use
of the Prop y; provided, that the Rules and Regulations shall not be inconsistent with the
Governing ocuments or the Act. The inclusion in other parts �f the Governing Documents of
authority to pprove Rules and Regti�ations shal] be deemed to be in furtherance, and not in
limitation,o the authority granted by this Secti�n. New or amended Rules and Regulations shall
be effective�nly after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds_ All funds and real or personal property
acquired by�he Association shatl be held and used for the benefit of the Owners for the purposes
' stated in the Goveming Documents. Surplus funds remaining after payment of or provision for
Common E penses and reserves shall be credited against future Assessments or added to
reserves,as�etermined by the Board.
5.$ ' Resale Disclosure Certi�icates. Pursuant to Section S 15B.4-107 of the Act, in the
event of a r�sale of a Unit by an Owner other than Declarant, that Owner shall furnish to-the
purchaser a esale disclosure certif cate containing the information required by Section S 15B.4-
107(b} of th' Act. Purs�ant to Section S15B.4-107(d) of the Act, the Association shall, within
ten days (o�within such other relevant timeframe set forth in the Act) after a request by an '
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The .
� Association may charge a reasonable fee for furnishing the resaie disclosure certificate and any
documents related thereto.
SECTIl7N 6
- ASSESSMEN''!'S
6.1 General. Assessments shall 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 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be ailocated among the Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6,4 shall be altocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
_ Board, subject to the limitations set forth hereafter. Each annua( Assessment shall cover all of
the anticipated Common Expenses of the Associaiion for that year which are to be shared equally
. by ail Units in accordance with the allocation set forth in Section 4.2. Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elemenis and those parts of the Units for which the Association is
res�onsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Unril the first annual Assessment is levied, Declarant shall pay all Comman
Expenses.
6.3 Snecial Assessments. 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 ihe 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 authoriry 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 reguirements and procedures:
� 6.4.i Any Common Fxpense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessments and special Assessrnents, the Board has •
the a thority to {and, in certain instances set forth in this Section 6.4, shall) levy and
' alloc te timited Assessments among only certain Units in accordance with the following
requi ements and procedures.
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. 6.4.4 The�osts of insurance may be assessed in praportion of the square footage
or ac ai cost�er Unit.
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i 6_4.5 Reasonable attorneys' fees and other costs incurred by the Association in
: conn$ction with (i) the collection of Assessments and (ii) the enfarcement of the
Gavetning Documents, the Act, or the Rules and Regulations, against an C}wner or
Occupant or their tenants or guests,may be assessed against the Owner's Unit.
, 6.4.6 Late charges, .fines, and interest may be assessed as provided in
Secti�n 14.
6.4.7 Assesstnents levied under Section S 15B.3-1 l b{a) of the Act to pay a
judg ent against the Association may be levied only against the Units existing at the
time he}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 the
act o omission of any Owner or Occupant, or their guests�or envitees, the Association
� may ssess the costs of repairing the damage, or any increase in insurance rates directly
attrib tabie to the Act or omission,exclusively against the Owner's Unit to the extent that I
- the d mage is not covered by insurance. ,
6.4.9 If Common Expense liabilities are reallocated for any purpose authorized
by th Acf, Assessments and any installment thereof not yet due shall be recalculated in
acco ance with the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.1 Ehrough 6.4.8 may, at the Board's discretion, be
assessed as ai part of,or in addition to, other Assessments levied under Seption 6.1 or 6.2: �
6.5 ' Workine Cavital Fund. There shall be established a working capitat fund to meet • +
unforeseen �xpenditures or to purchase additionat equipment or services for the Association. �
The Board ay include in each subsequent annual budget a reasonable amount of working
capital, base upon the anticipated needs of the Association for the year in question. There shall
be contribut d by the purchaser of a UniE, on a one-time basis upon the initial sale of each Unit
by Declaran an amount equal to four monthly installments of the estimated annual Assessment
far the Unit n the year of the sale. The contribution shall be paid at the earlier of(i)the time of
closing of s le of the Unit or (ii)the time of termination of the Declarant Control Period. The
contribution to this fund are in addition to the regular installments of annual Assessments, and
shal! not be a credit to the regular installments of annual Assessments levied against the
respective U it. The funds shall be deposited into a s�gregated Association account no later than
the termination of the Declarant Control Period. Funds deposited in said account shall not be
used to def y any of Declarant's expenses, reserve cantributions or construction costs, nor to
make up an budget deficits during the Declarant Control Period. However, upon the closing of
the initial sa e of a Unit, Declarant may reimburse itself from funds collected from the purchaser
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- at the closing for any prior contributions made by Declarant to the working capital fund with •
respect to that Unit.
6.6 Liabilitv of Owners for Assessments. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the Owner
� acquires titie to the Unit or(ii) the due date of the first Assessment levied against the Unit by the
Board. The Owner at the time an Assessment is payable with respect to the Unit shall be �
personally liable for the share of the Common Expenses assessed against such Unit. Such
liability shall be joint and several where there are mutt�ple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liability for payment of Assessments by. �
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against
Declarant, the Association, or the Association's officers, directors, or agents, or for their failure
to fulfill any duties under the Governing Documents or the Act. �
6.7 Declarant's Alternative Assessment Pro�ram. The following altemative
Assessment program is established pursuant to Section S 15B.3-115(a)of the AcG
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been,levied, Declarant may e]ect to have any unsold Unit oumed by it
assessed at ihe rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the�share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
_ required by Section SISB.3-1 [5 of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the leve! of services for other
items set forth in the Association's budget.
6.7_3 Declarant's reduced assessment obli�ation 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 an 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, Pines, and interest charges imposed by the
Association pursuant to Section S15B.3-102(a)(10), (1 I), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and perfection of any lien nnder this Section 6, and no further recordation of any
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notice of or Claim for the lien is required. The release of the lien sha11 not release the Owner .
from persona liability unless agreed to in writing by the Association.
5.9 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed
against a Uni under the taws of the state of Minnesota(i)by action, or(ii) by advertisement in a
like manner as a mortgage containing a power of sale. The Association, or its authorized
representativ , shal! have the pQwer to bic� in at the foreclosur.s sale and to acquire, hold, lease,
mort;a�e, a d convey.any Unit so acquired. The Owner and any other Person claiming an
inierest in t e Unit, by the acceptance or assertion of any interest in the Unit, grants to the
, Association power of sale and full authoriry to accomplish the foreciosure. The Association
shall, in add tion to its other remedies, have the right to pursue any other remedy at law or in'
equity again t the Owner who fails to pay any Assessment.or c[�arge against the Unit. �
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens and
encumbranc�s on a Unit except(i) liens and encumbrances recorded before this Declaration, {ii)
any first m rtgage on the Unit, and (iii) liens for real estate taxes and other governmental �
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage,
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording of
, this Declarat on,and {iii) the Owner of the Unit does not redeem from the foreclosure during the ,
� Owner's pe od of redemption provided hy Minnesota Statutes Chapter 580, 581, or 582, then
! the holder o the sheriff's certificate of sale from the foreclosure of the first mortgage shall take -
title ta the Unit subject fa a lien in favor of the Association for unpaid Assessments or
instaliments thereof levied gursuant to Sections S 15B.3-�15(a), {e)(]) to (3), (fl, and (i) of the
Act wfiich h came due, without acceleration, during the six months irnmediately preceding the'
first day foll wing the end of the Owner's period of redemption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
other charg s and fees which would norma{ly be levied against the Common Elements by
govemment authorities, shall be allocated equally among and levied against the Units, and
shall be a li n against each Unit in the same manner as a lien for real estate taxes and real estate
special asse sments levied against the Unit alone.
6.12 - Voluntarv Convevances; Statement of Assessments. In a voluntary conveyance �
of a Unit th huyer shall not be personally liable for any unpaid Assessments and other charges �
made by the Association against the seller or the seller's Unit prior to the time of conveyance to
� the buyer, u less expressly assumed by the buyer. However, the lien ofsuch Assessments shall
remain agai st the Unit until released. Any seller or buyer shall be entitled to a statement, in
recordable orm, from the Association setting forth the amount of the unpaid Assessments
against the Unit, including all Assessments payable in the Association's cvrrent fiscal year,
which state ent shali be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PRt)PERTY
All wners and Occupants, and ail secured parties, by their acceptance or assertion of a
interest in t e Property, or by their occupancy of a Unit, covenant and agree that, in addition to
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- any other restrictions which may be imposed by the Act or the Governing Documents, the �
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shail be owned, conveyed, encumbered, leased, used, and
occupied subject to the Governing Documents ar_d the Act, as amended fram rime to time. All �
covenants, restrictions, and obiigations set forth in the Goveming Documents are in furtherance
of a plan for the Properiy, and shat( run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal representatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or cnnverted
by Declarant pursuant to Section 16.2, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, +or any
combination thereof. Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single family residential dwellings, and not for transient; hotel,
commercial, business,or other non-residential 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 Dec]arant) for a period of less than twelve months or any occupancy
which includes services customarily furnished to hote[ guests, shall be presumed to be for
transient purposes. .
7.4 Business Use Resriticted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4.1 An Owner� or Occupant residing in a Unit may maintain a home
occupation in such Unit;provided, that such use (i)�is incidental to the residential use; (ii) �
does not involve physical alteration or improvement of the Unit wisible from the exterior
of the Unit; {iii) is in campliance with all governmentat laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
displays, unusual numbers of deliveries, or unusual levels of pedestrian or vehicular
traffic to and from the Unit; {v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi} does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occnpants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association may maintain offices on the Property for management
and related purposes. .
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7.5 Leasin . Leasing of Units shall be allowed (subject to reasonabie regulation by
the Associati n) but only in accordance with the fotlowing conditions: (i) no Unit may be
subleased, (ii a Unit must be leased in its entirety (not by raom), (iii) the lease shap be in
writing,(iv) nless otherwise required in connection with the financing,guarantee,or insuring of
a Unit mortg ge, and except for leasing of Units owned by Declarant, no lease shal] be for a
. " period less th n tweive months, except for exte�uati;tg situat;or,s,�(v)the lease shall provide that
� it is subject t the Governing Documents, the Rules and Regulations, and the Act, and that any
failure of th lessee to comply with the terms of such documents shall be a default under the
lease, and (v ) prior to occupancy of the Unit by the lessee(s), the Association shall receive a
copy of the lly-signed lease along with a written list of the name and telephone number of each
Person who ill occupy the Unit under the]ease,and the absentee address of the leasing Owner.
The Associa�ion may irnpose such reasonable Rules and Regulations as may be necessary to '
implement p�ocedures for the leasing of Units, consistent with this Section and applicable law,
including buC not limited to{i}a requirement for a form addendum to be attached to each lease to
assure that thle rights and authority of the Association and Owners and Occupants are recognized,
and (ii) a re�uirement for the screening of lessees through a reputable, professional screening
organization;�provided,that such screening shall not violate federal, state, or local discrimination
faws. I
7.b_ Dele�ation of Use. An Owner's right of use and enjoyment of the Unit shall be
automaticall delegated to other persons living in the Unit pursuant fo a legal right of possession;
provided, th t such persons shall be subject to the Governing Documents and the Rutes and�
Regulations. Unless otherwise authorized in writing by the Board, if persons other than the�
Owr�er or t e Owner's family (e.g., lessees) have been given the legal right to possess the
Owner's Un t, then those persons shall have the right to use any recreational facilities, pazking,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Owner
and the Ow er's family.
� 7.7 Parkin . "Fhere are ninety-five Common Element vehicle garage statls �
(collectivel the "Stalls," and individualty a "Stal]") in the lower level of the Building. The
Stakls and o er parking spaces on the Property shall be used only for parking of vehicles owned
or leased b Owners and Occupants, and such other incidental uses as may be authorized in
writing by t e Association. A Stall shall not be converted to other uses or used for storage or
other purpo9es which would prevent the parking of a mid-size automobile in the Stall, except as
authorized vn writing by the Association. The use of the Stalls, other parking spaces, and �
driveways dn the Property, and the types of vehicles and personai property permitted thereon,
shatl be su '�ect to regalation by the Association, including, but not limited to, the right of the
Association�to taw illegally parked vehicles or to remove unauthorized personal property.
� 7.8 Stalls. The Stalls shall be assigned to various Units; and the operation and
transfer of e Stalls shalE be adtninistered, in accordance with this Section 7.8. The followin
conditions d restrictions shall govern the assignment, use,and transfer of the Stalls.
7.8.E The initial assignment of a Stall to a Unit shall be made by the Associatior�
as d rected by Declarant at the time of the first conveyance of the Unit by Declarant
Upo the closing of the initial sale of a Unit, the Association shall, as directed b
Dec arant,assign to the Unit the exclusive right and license to use at least one Staii. Eac
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Stall assigned by the Association shall be deemed to be licensed and assigned by the •
� Association to the Unit to which it is assigned. After 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 DecIarant no longer owns �ny Unit,rent or otherwise
assign any unassigned Stalls to Owners or Occupants. _
7.3.2 The use rights with respect to each Stall shall be deem�d to be ]icensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Associatian shal] .
maintain records identifying the 5talls, the Units to which they are assigned,the names o#'
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of garage stall assignment{the"Garage Certificate"} shall be signed and dated �
on behalf of the Assaciation and made available for delivery on the date the Owner
' acquires title to the Unit to which the Stall is assigned. T'he Association shall not.
unilateralfy reassign any Stall assi�ned to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legaily handicapped persons.
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7.83 A StaSl 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 may be transferred to another Unit,but only by first delivering to the Association
(i) a written transfer certificaEe, rn a form approved by the Association, signed by the
transferor and the transferee, and {ii) all prior Garage Certificates and copies thereof
issued with respect to the Stall. The Association shall review the proposed transfer
� certificate for compliance with this Section 7 and, if the transfer complies, the
Association shal] transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The license to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section 7.8. 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 the Unit's �
conveyance shall 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
only to or by other Owners and Occupants_ The lease or other use right shall be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the Sta!! assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use a�reement to the Association_ The Association may hold,reassign the
license for, or rent, a Stal2 assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Stall which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.b Any license, lease, rental, assignment, transfer, or purported transfer of •
any i}�terest in a Stali in vioIation of this Section 7.8 shall be void:
I7.8.7 The use of the Stalis, and the size and types of cars and other motorized
vehi�les which may be kept in a Stall, are subject to RuEes and Regulations as approved
. frem time tQ time by the Board. •
7.� Stara�e Spaces. There are ninety Common Element storage spaces located in the
lower le�ef'of the Building (collectively the "Storage Spaces," and individually a "Storage
5pace"). T�e assignment of the Storage Spaces, and the operation and transfer of the Storage "
Spaces, shal be administered in accordance with this Section 7.9. The following conditians and
restrictions�hall govern the assignment,use,and transfer of the Storage 5paces.
- 7.9.1 The initia] assignment of a Storage Space to a Unit shal) be made by the
Ass�ciation as directed by Deciarant at the time of the first conveyance of the Unit by ;
Decl rant. Upon the closing of the initial sale of a Unit,the Association shali,as directed
by D�eclarant, assign to the Unit the exclusive right and license to use at least one Storage
Spaq'e. Each Storage Space assigned by the Association shal3 be deemed to be licensed
and ssigned by the Association to the Unit to which it is assigned. After all Units owned
by eclarant have been conveyed, any unassigned Storage Spaces shall be deemed to
assi ned to the Association. The Association may, after Declarant no longer owns an
Unit`rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
I7.9_2 The use rights with respect to each Sterage Space shall be deemed to b
licer�sed exclusively to the Owner of the Unit to which the Storage Space is assigned
The Ipssociation shall maintain records identifying the Storage Spaces, the Units to whic
they are assigned, the names of the Owners of the Units, and the dates of assignment an
_any reassignments. A written certificate of Storage Space assignment (the "Storag
Cert ficate") shall be signed and dated on behalf of the Association and made availabl�
for elivery on the date the Owner acquires title to the Unit to which the Storage Space i
assi ned; provided, that the Owner has been assigned a Storage Space. The Associazio� i
shal not unilaterally reassign any Stocage Space assigned to a Unit. I
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7.9.3 A Storage Space ficense shall remain with the Unit to which it is assigne
unti the license is transferred in accordance with this Section 7.93. .Subject to Sectio
7.9. , a Storage Space may be transferred to another Unit, but only by first delivering t
the ssociation (i) a written transfer certificate, in a forrn approved by the Association
sign�d by the transferor and transferee, and (ii) all prior Storage Certificates and copie
ther of, issued with respect to the Storage Space. The Association shall review th
pro osed transfer for compliance with this Section 7.9 and, if the transfer complies, th
Ass ciation shall transfer the license on its records to the Unit owned by the transfere
and�issue a new Storage Certifcate to the transferee. The license to use the Storag
Spa e shall remain with the Owner and Unit to which it is transferred until the license i
tran ferred in accordance with ihis Section 7.9. In the absence of a properly execute
assi nment to the contrary, the license to use a Storage Space assigned to a Unit at th�
tim of the Unit's conveyance shall be automatically assigned with the conveyance o
title to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned ta his •
or her Unit only to or by other Owners and Occupants. The lease or other use right shalI
be in written form, and shall terminate when the lessor, lessee, or ather user is no lon�er
an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
� Owner shall give the Association advance written notice of any lease or use agreement
with respest 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 ta it in the same manner
as an Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secared 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 par[y's interest acquired in the event of a
foreclosure of the lien or other security interest.
?.9.b Any license, lease, rental, assignment, transfer, or purported transfer of �
any interest in a Storage Space in violation of this Section 7.9 shall be void_ .
' 7.9_7 The use of the Storage Spaces, and the items that may be stored in the
Stora�e Spaces, are subject to Rules and Regulations as approved from time to time by
the Board.
7_10 Animals. The Board shall have the exclusive authoriry to regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers), cats, small birds, small �
fish, and other animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to,the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Goveming Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any kind shall be raised or bred, or kept far business or
commercial purpases,by any Person upon any part of the Property.
7.103 Pets sha]! 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 shall be constructed or maintained on any part of the Common Elements or in any
� part of a Unit that affects or may affect another Unit or the Common Elements_
7.10_5 Pets shall be under control of an aduit individual at all times when outside �
! of the Unii.
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� 7.1 Q.6 Owners and Occupants keeping Qets within their Units are responsible for •
! the et's behavior and for com�lying with municipal pet Iaws,, ordinances, and
� regulations. An Owner is liabie to the Association for the cost of repair of any damage to
the P operty, or the damages and expenses associated with any persona! injury,caused by �
. an a imal (i) kept by that Owner on the Property, (ii) kept on ihe Property by an , -
Oc� pant of that Owner's Uniz,or(iii)brought upon the Property by a guest or invitee o � .
that wner or that Occupant. The owner of that animal {ii not that Owner}shall also be
iiabl for such costs,damages,and expenses.
�' 7.10.7 The Board shall have authority to determine in its sole and absolute
disc tion whether a particular pet shall be permanently removed from the Propecty based
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Section 7,'
{ii) pplicable g4vernmental restrictions, laws, or ordinances, or (iii) any additional
rest ctions approved by the Board; provided, that such removal shall be subject to
Sect n 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
failuCe to comply with any pet restrictions shall be an Assessment agafnst the Owner's
Unit�
7.11 Quiet Eniovment; Interference Prohibited. Subject to Section 7.16, all Owners
' and Occupa ts and their guests shall have a right of quiet enjoyrnent in their respective Units,
subject to th rights of other Owners and Occupants to reasonable use of their respective Units
and the usu 1 and customary sounds generated thereby given the muiti-family, apartrnent-style
structure of he Building. Taking into consideration the nature of the Building stracture, Owners
and Occupa�pts and their guests shall use and occupy the Property in such a manner as will not •
cause a nuis nce or disturbance, nor unduly restrict, interfere with or impede the use and quiet
enjoyment o the Property by other Owners and Occupants and their guests. .
7.12 Comnliance with Law. No use shall be made of the Property which wouid violate
any then ex sting municipal codes or ordinances, or state or federal laws and regulations, nor
shall any a t or use be permitted which could cause waste to the Property, cause a material i
increase in nsurance rates on the Property, ar otherwise cause any vnusual liahility, health or j
safety risk,qr expense,for the Association or any Owner or Occupant. �
7.13 Alterations. Except for those made by Deciarant in consideration of its iniiial sale
of a Unit an except as otherwise provided in 5ection 8, no alterations (as defined in Section 8)
; shall be ma e, or caused or al�owed to be made, irr any part of the Common Elements, or in any
' part of the nit which affects the Common Elements or another Unit, or which is visibie from
� the exterior of the Unit, without the prior written authorization of the Board, or a committee
appointed b it, as provided in Section 8. No Owner or Occupant shall (i) cause or germit any
physical chap�ges to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of th Building, or any Building system, or other improvement located on the Property; or
(ii) interfere with any easement affecting the Property.
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+ 7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
form 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
materaal threat to the Property or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, without notice and at any time, by an officer or
member of the Board, by the Association's management agents, or by any public safety
personnel. Entry is also authori2ed for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section t4.
7.16 Public Works Facilitv. The City,'s public works facility(the"Faciiity") is located
directly to the west of the Property. The Facility is.used by the City for, among other ihings, the
storage, maintenance, and repair of tTucks, plows, and other equipment owned and used by the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. Given ;
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees • �
will be subject to the sights,sounds, lights,and smells associated with the Facility.
7_l7 Storaee. Subject to the provisions of Section 7.9, personal groperty may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
tower level of the Building, may not be obstructed, or used for parking,storage,activities, or any
purpose other than access and 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 coverin�s within their Unit without the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed, in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which eoutd affect or
damage the sound barriers or sound attenuation materials installed on or within the ceilings,�
floors,or walls of the Units without the prior written authorization of the Board. �
SECTION 8 �
ARCHITECTURAL STANDARDS
8.1 Restrictions on tmarovernents. One of the purposes of this Declaration is to
ensure that Ehose parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structuraily sound_ Therefore, except as set forth in Section 8.5, the foilowing resfictions and
requirements shal] apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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indiv'dually a "alteration"), including, but not limited to, any structure, building, '
addit on, decic, patio, fence, wall,enclosure, window,exterior door, antenna or other type,
of s nding or receiving apparatus, sign, flag, display, decoration, color change,�
shru bery, material topographical or landscaping change, ar any other exterior alterationsj
to or o#'a Unit or a Limited Common Element, shail be made, or caused or allowed�to be
nad ,by ar,y Owner or Occupant,'or their invitees, in any part of:he��mmon Elements,
or in any part of the Unit which affects the Common Elements or another Unit, or which
is vi ible from #he exterior of the Unit, unless and vntil the plans and specifications
show�ng the nateire, kind, shape, height, calor, materiats, and locations of the alterations
shall'have been appro'ved in writing by the Board or a committee appoinied by it. In
addition, Declarant's written consent shall also be required for alteratians until Declarant
no tonger owns a Unit for initial sate.
' 8.1.2 The Board may appoint, supervise, and disestablish an architectural
co ittee, and specifically delegate to it part or all of the functions which the Board
exer ises under this Section 8, in which case the references to the Board shall refer to the
archi ectural comrnittee where appropriate. The architectural committee shall be subject
to th supervision of the Board. �
8.1.3 The Board shall establish the criteria for approval of alterations, which
shall (i) adequately protect the Property, the Association,and the Owners and Occupants,
; fram liability and liens arising out of the proposed alteratians or any construction activity
in c nnection therewith, and (ii) cornply with all governmental taws, codes, andl
regul tions. The criteria for approval of alterations shatt include and require, at a�
mini um:
8.1.3.1 substantial uniformiry of color, location, type, and design in
relation to existing structures and topography,.
8.t.3.2 comparab3e or better quality of materials as used in existing
improvements on the Property, • � �
S_I:3".3 ease of maintenance and repair, �
', 8.1.3.4 adequate protection.of the Property, the Association, the Owners,
and the Occupants from liability and liens arising-out of the proposed alterations,
8.L3.5 substantial preservation of other Owners' sight lines, if material,
and
8.1.3.6 compliance with governmental laws,cades, and regulations.
8.1.4 The Board, or the appointed architectural committee if so authorized by!
the oard, in its sole discretion, may impose standards for design, appearance, or i
' cons ruction which are greater or more stringent than standards prescribed by the'
Gov rning Documents, or by building, zoning, or other governmental laws, codes, or
. regu ations; provided, that such standards shall be consistent with the architectural
char cter and use of the Property as planned and developed by Declarant. The Board, 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 determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person hoiding or acquiring an
interest in the Unit. The purpose of the criteria estabtished by the Board shall be (i) to ;
preserve the architecturai sryte and uniformity, the quality and value of ttie Property,and �
(ii) t� protect the Association and the Qwne:�s fr�m undue liability arising oui of th� -
aiterations or any construction activity in connection therewith. -
8.3.5 Alterations may be made in compliance with Section S I SB.2-11.3 of the ,
Act, and relocation of the boundaries of the Units may be made in compliance with
Section 51 SB.2-114 of the Act.
8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the Building and Units, shall create an appurtenant easement for
such encroachment in favor of the Unit with 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 alterations shal{ be maintained perrnanently
as a part of the Association's records.
8? Review Procedures. The following procedures shal] govern requests for
a]terations under this Section 8: .
$.2.1 Detailed plans, specifications, and related information regarding any �
proposed alteration, in form and content acceptable to the Board,shal) be submitted to the
Baard (or the committee)and to Declarant(as long as Declarant is the owner of a Unit) at
least sixty da}+s prior to the projected commencement of construction. No alterations
shall be commenced prior to approvaL
8.2.2 The Board(or the committee) and xo Declarant(as long as Declarant is the ;
owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the
� Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit)
, fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other infarmation requested by the Board(or the committee) and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that the alterations are done in accordance with the plans,
specifications, and related information which were svbmitted. '
8.2.3 If no request for approval is submitted; approvat shail be deemed to be
denied. .
8.3 Remedies for Vioiations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section $ and shall be entitled to recover from
the Owner causing or perrnitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shali be a lien against each of the Owner's Units and be a pe:sonal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
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of the Buildi g or that Unit to the prior condition if any alterations were made in violation ofthis •
Section 8, an the cost of such restoration shall be a personal obligation of the Owner and a lien I
against each f the Owner's Units. '
8.4 Owner Resnonsibilitv/Indemnitv. An Owner who causes an alteration to be '
made, regard ess of whether the alteration is approved�y the Board, shall be responsible for the
� canstruction ork and any claims, damages, losses, or liabilities arising out of the alteration.
The Owner, nd not the Association, is responsibie for determining whether any alteration is in
violation of a y restriction imposed by any governmenta] authority having jurisdiction over any
portion of th Property. The Owner shail hold harmless; indemnify, and defend the Association,
and the Ass iation's officers, directors, committee members, and management agents, from and
against any e penses, claims, damages, losses, or other liabilities, including without limitation
attorneys' fe s and costs of litigation, arising out of (i) any alteration which violates any
governmental [aws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of the
specification� or standards for construction of the alteration, and (iii) the constructi�n of the
alteration. '
8.5 Exemptions. The requirements set forth in this Section 8 (except Section 8.4)
shall not appl t�the following:
, 8.5.1 Construction, reconstruction, or remodeling by Declarant in connection
with i s sale of Units.
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, 8.5.2 The installation of the following aniennas within a Unit or within a � , '
Limit d Common Element,.as permitted by applicable law: (i) one antenna one meter or '
less i diameter for the puipose of receiving direct broadcast/satellite service or video
prog mming services, or (ii) any antenna for receiving television broadcast signals.
How ver, the Board or a committee appointed by it, may require that the antenna be
instal ed sa as to minimize its visibiliry from the front of the Unit and otherwise
camo fiage its appearance, uniess such requirements would violate applicable law. The
� Boar shall have authority to impose further, reasonable related requirements consistent
with w. The Owner or Occupant of the Unit shall perform and pay for the installation,
maintlenarice, and repair of the installation. . i
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8.53 Alterations permitted by the Rules and Regulations.
�� SECTION 9
MAINTENANCE
9.1 Maintenance bv Association. Subject to Section 9.2,the Association shall provide
for all main enance, repair, and replacement (collectively referred to as "maintenance" or '�
"maintain") f the Common Elements and the Limited Cammon Elements, in accordance with, .
and subject t ,the following qualifications: ';
9.].1 The cost of �naintenance of a Lirnited Common Element required to be
unde aken by the Association shall be assessed agaanst each Unit to which the Limited
Co on Element is allocated. The Association may assign to an Owner the obligation
MPLS-�vord 9528 .I I 2 j
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� for rautine maintenance of a Limited Common Element allocated to the Owner's Unit. •
However, if the Owner fails to adequately perform the maintenance, Ehe Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
Association shall have an easement on, over, and through that Unit and the Limited
C�mmon Element for purposes of performing said maintenance. �
9.12 The Association shall be responsible for incidental damage caused to a.
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.13 If darnage to the Common Elements, the Limited Comrnon 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 Comrnon Elements which the Owner or Occupant
has caused or allowed to exist, then the Assaciation 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 parposes of performing said repair or
correction.
9_].4 Notwithstanding the assignment of any maintenance obligations to an
, Owner, the Association shall have authority to approve any maintenance which af�'ects
any part of the Property other than the Unit, which may impair any easement, or which
alters the appearance of the Property as seen frorn outside the Unit:
9.1.5 The Association also has the obligation to maintain the Comrnon Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for .
Stonebay recorded in the office of the County Recorder in and for Hennepin County,
Minnesota, on July 29, 2004, as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to rnaintain
those unpaved portions of Kelley Parkway lying wi;hin the Common Elements.
9.2 Oational Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approval of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written ballot, undertake to provide
maintenance to parts of the Units. -
9.3 Costs of Maintenance bv Association. A1! maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Responsibilitv. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and replacement as follows: .
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9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sanitary • •i
cond tion, and to maintain the Lirnited Common Elements allocated to the Owner's Unit
to th extent assigned to the Owner under Section 9.1.1. The Association may require chat �
the wners perform their maintenance obligations in accordance with standards
estab ished by the Associaiion.
- 9.4.2 To perfoc�ri the foregoing maintenance obligations in su�h manner as not '
to d mage the Praperty, or unreasonably disturb or cause a hazard to other Persons
_ occu ying or using the Property.
The Association may, with the a�proval of the Members, undertake any
main enance of a Unit which the responsible Owner fails to or improperly perforrns, and
� asse s the Unit and the Owner for the cost thereof. No such approval shall be necessary
if th Association has the authority under the Governing Documents to perform such
mai enance. Such cost shall be a personal obligation of the Owner and a lien against the
Own�er's Unit. Owners and Occupants shall promptly notify the Association of defects in
ar d�mage to those parts of the Property which the Association is obligated to maintain.
The 'Board may require that the Owners- perform their maintenance obligations in
acco�-dance with standards established by the Association.
9.S Waste of Common Utilities or Commonly Metered Utilities. An Owner o
Occupant o .a Unit shall not cause waste, or unreasonable use, of common utilities or utilitie
that serve t e Unit but which are eommonly metered. In the event the Association determine
that such w ste or unreasonable use is occumng, the Association shaIl have the authoriry to lev
against the nit (under Section 6.4, or otherwisej, and charge to that Owner; the costs, charges
and fees ( hether billed by the utility provider, or otherwise) associated �vith that waste o�
unreasonab e use. Such costs, charges, and fees shall be calculated by the j Association usin
reasonable ethods. Notwithstanding any provision to the contrary in this Declaration, th
Association�may repair or correct any condition (and enter upon any Unit and Limited Commo
Element to do so) causing the waste or unreasonable use. The cost of the repair or correctio
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discretion
� be the pers�nal obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes to the Pronertv. Except as permitted by this Declaration '
no Owner r Occupant shall, without prior written authorization from the Board in accordanc
with Sectio 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, whethe
tem orary or permar►ent; to be made to a Unit or the Common Elements, if such chang
or a teration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Commo �
Ele ents that could jeopardize or impair the weather-tight integrity, safety or soundnes
of ny part of the Property, any system or eqvipment on or within the Property, or an
oth r irnprovements located on the Property.
• 9.6.3 Interfere with or otherwise impair any easement.
MPLS-Word 95�81.11 23
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• 9.1 Dutv to Re�ort Defects. Owners or Occupants shall promptly report to the •
Association any defect or need for repair to those parts of the Property which the Association is
obligated to maintain. �
9_8 Damaee 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
Property is caused by the wiilfui or negliger.t a�t or omission of an Owner or Occupant,the��st
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfully or negligently allowed to exist, the Association may cause such
� damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
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 shall be a personal obligation of the Owner and a lien
against that Owner's Unit.
SECTION 10
1NSURANCE
l 0.t Required Coveraee. The Association shall obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirements 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
arnount equal to one hundred percent�of the insurable"replacement cost",of the Property,
exclusive of (i}deductibles;and (ii) land, footings, excavation and other items normally
excluded from coverage {but including all building service equipment and machinery): �
� The Association, at its sole discretion, may or may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments regardless of when installed, and any items refeired to in Section '
Si5B3-113(b)(i) through (vii) of the Act, but must do so if required by the Federal !
Nationa! 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 also contain "inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include svch additional endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a precondition to their insuring, purchasing or financing a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitatian the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified
coverages or endorsements in effec[.
10.1.2 Commercial general liability insurance covering the use, operation, and
maintenance ofthe Common Elements, with minimum limits of one million dollars per
MPLS-Ward 95281.11 24
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occu ence,against claims for death, bodily injury,property damage, and such other risks
as ar ,customarily covered by such policies for projects similar in construction, location
and u e to the Praperty. The palicy shall contain a"severability of interest"endorsement ,
whict� shall preciude the insurer from denying the claim of an Owner or Occupant '
becau e of negligent acts of the Association or other Owners or Occupants. The policy
shali -nclude such additiona[ endorsements, coverages and limits with respect ta sucr �
hazar s as may be required by the regu9ations of the FHA, VA, FNMA, or FHLMC as a �
preco dition to Their insuring,purchasing,or financing a mortgage on a Unit.
!0.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
direc rs, officers, managers, trustees, employees, or persons responsible for handling
. funds belonging to or administered by the Association, if deemed to be advisable by the
Boar or required by the regulations of any financing-related institution as a precondition
to th purchase, insurin6, guarantee, or financing of a mortgage on a Unit. The fidelity
bond�or insurance shall name the Association as ihe named insured, and shall comply
wsth the regulations of the FNMA, FHLMC, FHA or VA, if required by one of such
agen ies as a precondition to the purchase, financing, insuring, or gvarantee of a
mort age on a Unit. An appropriate endorsement to the policy to cover any persons who
' serv without compensation shall be added if the policy would not otherwise cover
volu teers, or a waiver of defense based upon the exclusian of persons serving without
cam�ensation shall be added.
IO.I.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liabxlity insurance with such reasonable limits and�
cove�ages as the Board shall determine from time to time.
10.1.6. Such other insurance as the Board may deterrnine from time to time to be
in th best interests of the Association and the Owners.
]0.2' Premiums; Imarovements; Deductibles. Except as provided in Section 6_4, all
insurance rerniums shall be assessed and paid as part of an annual Assessment. I
improveme ts and betterrr►ents to the Units are covered by the Association's property insucance,
any increas d cost may be assessed against the Units affected. The Association may,in the cas
of a claim f r dama�e to one or more than one Unit,(i) pay the deductible amount as a Commo
i Expense, (i ) assess the deductible amount against one or more than one Unit affected in an
reasonable anner, or(iii) require the Owners of one or more than one Unit affected to pay th
deductible mount directly. The Association's decision as to who shall be charged with payin
the deducti le amount may, but need not, be based on fault. Notwithstandin� anything to th
contrary in his Section ]0, the Association may, in the case of claim against the Association'
property in urance',assess the deductible amount against all of the Units equally in the event Eha
the deducti le amoant is calculated by the insurance company based upon the percentage of th
value or co t(replacement or otherwise)of one or more than one Unit or Building.
f 0. Loss Pavee; Insurance Trustee. Atl insurance coverage maintained by th
Associatio shall be written in the name of, and the proceeds thereof shall be payable to, th
Associatio {or a qualified insurance trustee selected by it) as trustee for the bene�t of th
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MPLS-Word 95 81.11 25
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� _ Owners and secured parties which suffer ioss. The Association,or any insurance trustee selected -
by it, shatl have exclusive authority to negotiate, settle; and collect upon any claims or losses ,
under any insurance policy maintained by the Association_ '
. 10.4 Required Policv Provisions. Ait policies of property insurance camed by the
' . Association shall provide, if practicable,that:
10.4.1 Each Owner and secured party is an ;nsured Person under the policy with
� respect to liability arising out of the Owner's interest in the Common Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any I
Owner or member of the Owner's household and against the Association and members of I
; the Board.
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10.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
i omission of an Owner, unless acting within the scope o#' authority an behalf of the
� Association, or (ii) any failure of the Association to comply with any warranty or
' condition regarding` any portian of the Property over which the Association has no
controL
L0.4,4 If at the time of a loss under the policy Chere is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary.
10.5 Cancellation; Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by tbe 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.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary insurance where there is other insurance in the name of ihe Owner covering the same
property, and may not be brought into contribution with any insurance purchased 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 coverage"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal liability, and covering insurance deductibles that may be levied by the
Association against the Unit. Insurance policies maintained by Owners are without contribution
as against the insurance purchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPE,S-Word 95281.i I �b
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SECTION ]1 � '
I
R CONSTRUCTION, CONDEMNATION,AND EMINENT DOMAlN ,
I 1.1 Reconstruction. The obligations and procedures for the repair, reconstruction, o � �
disposition f the Property following damage or destraction thereof shall be governed by the Act.
Any repair r reconstruction shall be commenced as soon as practicable after the casualty an
shall be sub tantially in accordance with the pians, specifications, and design of the Property as
initially con tructed and subsequentiy imgroved. Notice of substantial damage or destruction
shall be give as provided in Section 15.10. �
1 1.2 Condemnation and Eminent Domain. In the event of a taking of any part of th
Property by�Condemnation or eminent domain, the provisions of the Act shall govern; provided,
{i) that noti e shall be given as pravided in Section 15.10, (ii) that the Association shall be the
attomey-in- ct to represent the Owners in any related groceedings, negotiations, settlements, o
agreements, and (iii) that any awards or proceeds shall be payable to the Association for the i
benefit of th Owners and th�mortgagees of their Units. Eligibte Mortgagees shall be entitled to �
priority for ondemnation awards in accordance with the priorities established by the Act and th �
Goveming ocuments, as their interests may appear.
, 11_3 Termination and Liquidation. The terinination of the Condominium, and the
distribution f any proceeds therefrom, shall be governed by the Act. Any distribution of funds
shall be bas d upon the value of the Units as determined by their retative value for properiy�
insurance p rposes, and shall be made to Owners and their mortgage holders, as their interestsi� _
• may appear,as provided in the Act. i
11.4 Notice. The Association shall give written notice of any condemnatio
proceedin�s or substantial destruction of the Property to the •Etigibie Mortgagees entitled to
notice under Section l 5.10. �
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11.5 Association's Authority. ln al] cases involving reconstruction, condemnation, '
eminent do ain, tennination or liquidation of the Condominium, the Association shall hav
authority to j act on behalf of the Owners in all proceedings, negotiations, and settlement o
claims. All proceeds shall be payable to the Association to hold and distribute for the benefit o
the Owners�nd their mortgage holders,as their interests may appear,in accordance with the Act.
, SECTION 12
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� EASEMENTS
T:ze ollowing appurtenant easements and rights are hereby granted,canveyed, dedicated,
and reserve on,over,under,and across the Property,as applicable.
12.1 Utilities, Services, and Ooeratine Svstems. The Common Elements and the Uniis
shall be subject to and benefited by nonexclusive easements in favor of the City, the Association
and all utilit companies and other service providers for the installation,use, maintenance, repai
and replace ent of all utilities, services and common operating systems, such as natural gas,
electricity, able TV, security, telephone and other electronic communications, water, sewer,
MPLS-Wocd 95281.11 77
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• septic systems, wells, and similar services, fire control systems and other common operating •
systems, and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association under authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners
and Occupants thereof, shall also be subject to and benefited by a nan-exclusive easement in
favor of the other �tnits, the Common Elements, and the Association for all such utiIities, �"�
services, fire control systems, and other common operating systems_ Utilities and related
services or systems shall be installed, used, maintained, and repaired so as no# to interfere with ,
the use and quiet enjoyment af the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Bu'ilding, the Units,or the Common£]ement improvements. �
\
t 2.2 Encroachments. Each Unit and the Common Elements, and the rights of the �
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of 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 resu]t 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.
Impravements or alterations added pursuant to Section 7.13 shall be limited to minor
� encroachments, and no easement shall exist unless the proposed impravements or alterations
have been approved and constructed as required by this Declaration. Such easements shalf
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Stnactural Support Easements. Each Unii and the Common Elements shall be
subjeci to and be the beneficiary of nonexclusive easements for structural support in all walis,
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 poRions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the -
Piat, or otherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and Re�ulations. The right of access of ihe Owners and
Occupants, and their invitees, to and from the roadway to the west of the Properiy, 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. 0 75 That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing; and replacing the portion of Cascade
Lane over which that right of access is granted.
L2.5 Inspection, Maintenance, Repair, Revlacement and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Common Elements, the Units, and other improvements located within the
MPF,S-Word 95281.11 Zg
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Units, and tHe utilities serving the Units, to the extent necessary for the Association to fulfill its -
obligations �nder the Goveming Documents or for Dectarant to investigate or undertake its
warranty ob igations. Each Owner shall afford to the Association and its management agents
. and employ es, access at reasonable times and upon reasonable notice, to and through the
Owner's U it and its Limited Common Elements for inspection, maintenance, re�air, and
� replacement providerl, thai access to the Unit and its Lirnited Cornrnon Elemenis may be had
- without noti�e and at any time in case of emergericy. '
12.6 Public Safetv and Health Access. There are nonexclusive easements in favor of
' the City an other applicable governmenial authorities or agencies as shall from time to time
have jurisdi tion over the Property, on and across drives, walkways, parking areas, and other
open space reas of the Property for reasonabte access to perform such duties related to law
enforcement fire protection, life safety, health, and sanitation as are reasonably required from
time to tim . Such easements shall include access through and into the affected Units and �
Limited Co mon Elements in the.case of an emergency.
12.7' Emer�encv Access. In case of emergency or perceived threat to public health or
safety, all nits:and Limited Common Elements are subject to an easernent in favor of the
Association ar access, without natice and at any time, by an officer or member of the Board, by
the Associat�on's management agents, or by any public safety personnel. The Board may require
that an Own r or Occupant leave keys to the Unit with another Owner of the Owner's choice, or
with the As ociation, and to advise the Association's management agent or the Board of the
Locations of�the keys, so as to a11ow access for emergencies when the Owner or Occupant is
absent from he Property for extended periods.
]2:8� Recorded Easement e e �
s. Th Prop rty shall be sub�ect to such other easerrients as
may be reco ded against it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening t e Property shall be construed in a manner consistent with, and not in conflict with,
the easeme ts created by this Declaration: Such recorded easements include, but are not licriited
to, that cert in Declaration of Easements, Restrictions and Covenants for Stonebay recorded in
the o�ce o the County Recorder in and far Hennepin County, Minnesota, on July 29, 2004, as
Document a. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenants,
the �4ssocia ion has the obli�;ation to maintain those unpaved portions of Kelley Parkway lyin
within the �mmon Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexclusiv
easements r storm water drainage in favor of the Owners and Occupants for reasonable sta
water drain ge, and other narnial site drainage, over those parts of the Common Elements whic
rnay be desi ed, improved, or graded for such purposes. �
� i 2.1 Use and Enjovment Easements. There are nonexclusive easements in favor of th
Owners and Occupants of the Units for use and enjoyment on and across the Common Elements
and for exc usive use and enjoyment of any Limited Comrr►on Elements allocated to the Unit
subject to a y restrictions authorized by, or set forth in, the Governing Documents or the Rule
and Regula 'ons. .
MPLS-Word 95.$t.l i ' 2g .
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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 8uilding maintenance .
requirements are being followed.
12,12 Duration. Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shall run with the land unless otherwise expressly indicated,
and shal]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_]2.2 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.
L2.12.3 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, replace, and recanstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting ar
� burdening .the Property, or any equipment or 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 easement area.
Iz.12.6 Persons exercising easement rights shall (i) take reasonable care to
avoid damaging the Froperty or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail costs incurred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and (iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising o.ut of the exercise of the easement
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
tenninate when Dec(arant 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 Elements be and remain priyate property
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subjec�t to operation and regulation by the Association, and that the Units be and remain '
privat property subject to operation and regulation by th� respective Owners thereof ,
and/o�the Association,as appIicable, a1S in compliance with the Governing Documents.
12.13 Restriction on Third Party Easement Grants. Except for Declarant in the exercise
� of its rights nder this Declaration, and excegt for the Board in the exercise of authority granted
by the Gov�rning Docurnents, no Person shall create, grant, or convey any easement or
comparabie ghts upon any portion of the Property without the prior written approvai of the
Board;provi�ed, that the Board shal] authorize an Owner to grant an easement over the Owner's
Unit if(i) th easement will not adversely affect the Common Elements ar another Unit and (ii)
the easemen�is consistent with the overall design and plan for the Property as established by
Declarant an�l approved by the City.
�
12.1 Continuation and Scope of Easements. Notwithstanding anything in this '
Declaration o the contrary, no Owner or Occupant sha11 be denied reasonable access to his or
her Unit or t e right to utility services thereto. The easements set forth in this Section 12 shal[
: supplement nd not limit any easements described elsewhere in this Declaration or recorded, and
shall includ reasonable access to the easement areas through the Units and the Common
Elements fa purposes of maintenance, repair, replacement, and reconstruction. All easement
rights shatl � clude a right of reasonable access to maintain, repair, and replace the utility lines
and related quipment.
SECTION 13
COMPLIANCE AND REMEDIES �
` Bachl Owner and Occupant, and any other Person owning or acquiring any interest in the
' . Property, st}all be governed by and comply with the provisions of the Act, the Governing
� Documents,land the Ruies and Regulations, and such amendments thereto as may be made fram �
' time to tim , and the decisions of the Association_ A failure. to comply shall entitle the �
Association to the relief set forth in this Section, in addition to the rights and remedies authorized
elsewhere b the Goveming Documents and the Act.
13.1 Entitlement to Relief. The Association may cornmence legal action to recove
sums due, for damages, for injunctive relief or to foreclose a lien owned hy �it, or an
combinatio thereof, or an action for any other retief authorized by the Governing Documents o
available at�law or in equity, Le�al relief may be sought by the Association against any Owner '
or by an �wner against the Association or another Owner, to enforce compliance with th
Governing ocuments, the Rules and Regulations, the Act, or the decisions flf the Association
However,n Owner may withhold any Assessments payabte to the Association, or take(or omit
other action�in violation of the Governing Documents,the Rules and Regulations,or the Act,as
measure to nforce such Owner's position,or for any other reason.
13.� Remedies. In addition to any other remedies or sanctions, expressed or implied
administrat ve or legal, the Association shall have the right, but not the obligation, to implemen�
any one or ore of the following actions against Owners and Occupants and/or their guests,wh
violate the rovisions of the Governing Documents,the Rutes and Regulations, or the Act: '
i
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13.2.1 Commence legal action for damages or equitable relief in any court of •
" � competent jurisdiction.
13.22 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
following the month for which the Assessment or instaltment was due.
(3.2_3 ln the event of default of more ihan thirty days in the payment of any
Assessment or instailment thereof, a11 remaining insfallments of Assessments assessed
against the Unit owned by the defaulting Owner may be�accelerated and shall then be
payable in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effecteve date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defaulting Owner. .
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act, the Governing Documents,or the Rules and Regulations.
I 3.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
' Com7non Etement 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 limited to periods of default by
such Owners and Occupants in their obligations under the Governing Documents, and for
up to thirty days thereafter, for each violation_ ,
13.2.6 Restore any portians of any Common Elements,Unit,or Limited Common
Elements damaged or altered, or apowed to be damaged or altered, by any Owner or
Occupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out 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 ]ikely to materially affect in the near future, the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or i
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense �f the offending Owner or Occupant, any structure,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causing the violation; provided, that any improvements which are a part of a Unit may
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall have an easement to carry out its authority under this Section
13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Governing
Docu�nents or under law, in the�nanner provided by the Act.
13.3 Riehts to Hearine. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 13_2.6, or 13.2.7, the Board shail, upon written request of the
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offending O ner, grant to the affending Owner a hearing as contemplated by ttie Act and�this � -
Section l3. . The hearing may be held before the Board or a committee of three or more
disintereste�Owners appointed by the Board. The offending Owner shaEl be given notice of the, .
nature of th violation and the right to a hearing, and at least ten days within which to request
heanng. Th�e hearmg shall be scheduled by the Board/committee and held within thirty days o
receipt of t�e hearing request �y the Board/cornmiTtee, and with at ieast ten days prior writte
notice to th offending Owner. If the ofiending Qwner faiis to request, or to appear at, #h
hearing, the the right to a hearing shail be waived and the BoardJcommittee may take such
action as it eems appropriate. Hearings shall be conducted in a fair and equitable manner. Th
decision of he Board/committee and the rules for the conduct of,hearings established by th
Board/com ittee, shall be final and binding on all parties. 1fie Board's/committee's decisio
shall be deli ered in writing to the offending Owner within ten days following.the hearing, if no
delivered to the offender at the hearing_ Any fines to be irnposed by the Association may, at th �
Board's/Ca mittee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses
penalties, o interest imposed under this Section shall be a ]ien against the Unit of the Owner o
Occupant a ainst whom the same are imposed and the personal obligation of such Owner in th
same mann r and with the same priority and effect as Assessments under Section 6. The lie
sha{1 attach as of the date of imposition of the remedy, but shall not be final as to violations fo
which a hea 'ng is held until the Board makes a written decision at or following the hearing. Al
•, remedies sh 11 be cumulative, and the exercise of, or failure to exercise, any remedy shall not b
deemed a w �ver of the Association's right to pursue any other remedy.
� '
13.5 Costs of Proceedin� and Attornevs Fees. Wiih respect to any collectio
measures, o any measures or actian, legal, administrative, or otherwise, which the Associatio
takes to er�force the pmvisions of the Act, the Governing Documents, or the Rules an
Regulations whether or not finally determined by a court or arbitrator, the Association ma �
assess the nit owned by the violator with any expenses incurred in eonnection with suc
enforcemen inciuding without limitation fines or charges previously imposed by th ,
Association reasonable attorneys' fees, and interest (at ttse highest rate allowed by law) on th
delinquent mounts owed to the Association•. Such expenses shall also include�ny collection o
contingenc fees or costs charged to the Association by a collection ageney or other Perso
acting on b half of the Association in collecting any delinquent amounts owed to the Associatio
by an Own r ar Occupant. Such collection or contingency fees or costs shall be the persona
obligation f the Owner and shall be a lien against the Owner's Unit.
13.6 Liabilitv for Acts of Ownecs and Qccupants. An Owner shal] be liable for th
expense of y maintenance, repair, or replacement of the Property rendered necessary by suc
Owner's ac s or omissions,and by that of Occupants or guests in the Owner's Unit,to the exten
that such e pense is not covered by the proceeds of insurance carried by the Association or suc
Owner or ccupant. However, any insurance deductible amount and/or increase in insuranc
rates, resul ing from the Owner's acts or omissions may be assessed against the Owne
responsible for the condition and against his or her Unit.
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, 13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Dacuments,
the Rules and Regulations,and the Act,as provided therein.
]3.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
• Association may not commence any judicial or administrative action on behalf of the Owners
� (other than an action commenced to enforce the Governing Docnments or the Rules and
Regulatioris, or to defe�d the Association), without first obtaining the affirmative vote of the
Owners to which are allocated at least sixty-seven percent of the votes in the Association, in
person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot.
ISECTIUN 14
AMENDMENTS �
I
14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended only by the approvai of
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
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 I 5.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shall be effective when recorded as provided
in the Act_ An a�davit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or c�nsents, shall be adequate evidence
thereof for a!1 purposes, including without limitation;the recording of the amendment.
SECTION l5
RIGHTS OF ELIGIBLE MORTCACEES
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:
I5.1 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 Etigible Mortgagees (based upon one vote per Unit
� financed) shall be required for any amendment to the Goveming Documents which changes any
i
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provision g verning the following: (i) voting rights; (ii) increases in an annual Assessment o '
more than tqventy-five percent over the prior year's annual Assessment;(iii)Assessment liens,o
priority of ssessment liens; (iv}reductions in reserves for maintenance, repair and replacemen
of Commo Elements; (v) responsibility for maintenance and repairs; {vi) reallocation o
interests in he Common Elernents or Limited Common Elements, or rights to their use; (vii
redefinition of any Unit boundaries; (viii) convertibility of Uniis into Cammon Elernsnts or vic
versa; (ix) pansion or contraction of the Property or the addition, annexation or withdrawal o
property to r fram the Property;(x) hazard or fidelity insurance requirements; (xi) imposition o
material res rictions on ihe leasing of Units; (xii) imposition of any restrictions on an Owner'
right to selt or transfer his or her Unir, (xiii) restoration or repair of the Property (after a hazar
damage or partial condemnation) in a manner other than that specified in the Governin
Documents; (xiv) any action to terminate the legal status of#he Condominium after substantia
destruction or condemnation accurs; or (xv) any provisions that expressly benefit Eligibl
Mortgagees or insurers or guarant�rs of mortgages.
� 15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, th
written con ent of Eligible Mortgagees representing at least sixty-seven percent of the Units.tha
are subject to first mortgages held by Eligible Mortgagees (hased upon one vote per Uni
financed) s all be required to (i) abandon or terminate the Condominium; (ii) change th
allocations f voting rights,Common Expense obligations or interests in the Common Elements
(iii) partiti n or subdivide a Unit except as permitted by statute; {iv) abandon, partitio
subdivide, ncumber, or sell any Common Elements; or {v) use hazard insurance proceeds fo
other than t e repair,replacement or reconstruction of the Property,except as otherwise provide
by law.
15.3 Consent to 5ubdivision. No Unit may be partitioned or'subdivided without th
prior writte approval of the Owner and Eligible Mortgagee thereof,and the Association. ,
l5. Na Ri�ht.of First Refusal. The right of an Owner to sell, transfer, or ot3�erwis
convey his r her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Prioritv of Lien. Any Person who comes into �ossession of a Unit by foreclosur
of the first mortgage on a Unit, ar by deed or assignrnent in lieu of foreclosure of the fir
mortgage o a Unit, takes the Unit free of any claims for unpaid Assessments or any othe
charges or iens imposed against the Unit by the Association which have accrued against suc
Unit prior t the acquisition of possession of the Unit by said Person; {i) except as provided i
� Section 6.9 at�d the Act and (ii) except that any unreimbursed Assessments or charges may b
reallocated mong a11 Units in accardance with their interests in the Common Elements. �
15. Prioritv of Taxes and Other Charges. All taxes, assessments and charges whic
may beca e liens prior to the first mortgage under state law shall relate only to the individu 1
Uniu and n t to the Property as a whole_
; 15. Prioritv for Condemnation Awards. No provision of the Governing Documen
shall give a Owner, or any other party, priority over any rights of the Eligible Mortgagee of th
Unit pursu t to its mortgage in the case of a distribution to such Owner of insurance proceeds o
condemnati n awards for losses to or a taking of the Unit and/or the Common Elements. Th
MPLS-Word 95 1.1! 3 5
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. Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent : '
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority.
15.8 Requirements for Mana ement Aereements. The term of any-agreemen[ for
� . professional management of the Property shall not exceed two years. Any such agree�ent shall "
provide for terminatian with�ut penalty cr terminatian fee by either parry as follows: (i} with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii)withoui cause,upon a minimum of sixty days prior written notic�. .
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage loan against a Unit, shall have the right to examine the books
and records of the Assaciation upon reasonable notice, during rtormal business hours, and to
receive free of charge, upon written request, capies of the Association's annual reports and other I
financial staternents. Financial statements, including those which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional gaarantor or insurer of a mortgage loan against a Unit, may
require that, 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.
I S.l0 Notice Requirements. Upon written 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 shall be entitled to timely written notice of:
I S.1Q.1 a condemnation loss or any casaalty]oss which affects a material portion
of 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, cancetlation or material modification of any insurance policy
maintained by the Association;and
I 5.10..4 a proposed action which rec�uires the consent of a specified percentage of
, Eligible Mortgagees. .
SECT[ON 16 - - .
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section S I SB.1-103(32) of the Act for as long as
it owns a Unit,or for such shorEer period as may be specifically indicated:
lb.l Comt�lete imvrovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's development plans or
MPLS-Word 95281.1 I 36
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allowed by'his Declaration, and to make improvements in the Units and Common Elements t '
accommod�e the exercise of any special declarant rights.
16.2 RiQhts to Relocate Boundaries. Subdivide, Convert, or Combine Units. To (i
relocate th boundaries of any Unit owned by it, or (ii) create additional Units, Commo
Elements, nd Limited Common Elements, or any combination thereof, by the subdivision
partition, c nversion, or combining of any Unit or Unifs owned by it, as authorized by the Act
The maxim m number of additianal Units that rnay be created within the CQndominium pursuan
t�this Secti n l6_2 is 5.
16.� Sales Facilities. To construci, o erate, and maintain one or more than one mode
P
Unit, and ther devetopment, sales, and rental facilities within the Common Elements, an
within any�Units owned or leased by Dectarant from time to time, located anywhere on th .
Property.
t 6.� Si�ns. To erect and maintain signs and other sales displays offering the Units fo
sale or leas ,w�thin any Unit owned by Declaran#and on the Cornmon Elements.
i6.� Easements. To have and use easements, for Declarant, Declarant's employee ,
contractors' representatives, and agents and prospective purchasers, thmugh and over th
Common E�ements for the purpose of exercising its special declarant rights. �
16. Control of Association: To cantrol the operation and administration of th
Associatio , including without limitation the power to appoint and remove the members of th
Board purs ant to Section S 15B.3-103 of the Act, until the earliest of: (i} voluntary surrender o
control by Declarant, (ii} an Association meeting which shal] be held within sixty days afte
conveyanc�to Owners other than Declarant of seventy-five percent of the total number of Unit
authorized to be included in the Property, or (iii) the date three years following the date of th
.first conve nce of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, th
Owners ot er ihan Declarant shall have the right to nominate and elect not less than Ehirty-thre �
and one-third percent of the directors at a meeting of the Owners which shall be held within six
days follo ing the conveyance by Declarant of fifty percent of the total number of Unit I
authorized o be included in the Property. �
lb. Consent to Certain Amendments. Declarant's written consent shafl be require
for any am ndment to the Governing Documents or the Rules and Regulations which directly r
indirectly a�ffects Declarant's rights under the Governing Documents or the Act.
I
SECTION l7
MISCELLANEOUS
l 7.� . Severabilitv. lf any term, covenant, or rovision of this instrument or an exhib t
P Y
attached �ereta is held to be invalid or unenforceahle for any reason whatsoever, suc
deterrninat on shall not be deemed to alter, affect, or impair in any manner whatsoever any oth r
portion of 'his Declaration or exhibits attached hereto. �
17.� Construction. Where a licable the masculine ender of an word used h
PP , g y erei
shalt mea the feminine or neutral gender, or vice versa, and the singular of any word use
herein sha�] mean the plural, or vice versa. References to the Act, or any sections thereof, sha 1
MPiS-�Vord 95�81J l 37
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� � be deemed to include any statutes amending or replacing the Act, and the comparable section� "
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 DecEarant (i) written notice af such tender, (ii} written natice oi the specific nature of the
action,and(iii)an opportunity to defend against the action.
17.4 Notices. UnIess specifically provided otherwise in the Governing Documents or
the Act, all notices required to be giveri by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
17.5 Conflicts Amon� Documents. In the event of any conflict among the provisions �
of the Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall controi
anless it permits the documents to control. As among this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetuai, sub,ject only to termination as
provided in this Declaration and the Act.
IN WiTNESS WHEREOF, the undersigned has executed this instrument the day a �
year first set forth above.
O.C. D VEL
� .
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By
Its ie an er ��
STATE OF MINNESOTA )
) ss. •
COUNTY OF otirL )
� The foregoing instrument was acknowledged before rne t�:is��day of v '
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,
� �
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 SCQTTL4(RYNSKI .
(612) 373-8418 NO7ARYPusuC-hUNNESOTA
�•:•
MY CA1�IlUSS{ON f7(P1AE5 Jpt4.31�20tD
MPLS-Word 95281.f 1 38
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COMMON INTEREST COMMUNITY NO. ]578 ��
Condominium
STdNEBAY OF ORONO CONDOMINIUM
� E�CHdBdT A T�D i?ECLARATION �
UNDERLYING LEGAL DESCRIPTION OF THE PROPERTY
Lot �,Bloek l, Stonebay Second Addition, Hennepin County,Minnesota. �
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MPLS-Word 9528 .11 39
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• COMMON INTEREST COMMUNITY NO.NO. 1578 � 4
Condomenium
, STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECLARATION �
SCH►EDULE O�'UN1T8,AND ALLOCATION OF COMMON EXPENSES AN�
UNDIVIDED INTERESTS 1N THE COMMON ELEMEN'TS
Allocation oi Cornmon Expenses and
Unit Identifier Undivided Interests in the Common Elements
. 101 1/57 I
102 I/5?
103 1157 �
104 1/57
105 l/57
106 l/57
107 1/57
]08 1/57
109 1/57
110 1/57
11 l 1/5?
112 I/57
113 1/57
� 114 1/57
I 15 1/57
116 - 1/57
1]7 1/57
l i8 1/57
201 1/57 �
202 1/57 .
203 1/57
�� U57
205 • 1/57
�a6 1/57
207 1 157
208 1/57
209 1/57
210 1/57
211 1/57
� 2I2 1/57
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Allocation of Common Expenses and " �
Unit I entifier Undivided interests in the Common Elements , i
2I3 I/57
�14 1/57 �
215 1/57 _
2 � 1/57
2 7 ' 1/57 . I
2p8 1/57
2a9 1/57 �
220 1/57 I
3d1 I/57
3 2 1/57
3 3 Il57
3 4 1/57
3 5 1/57
3 6 l/57
i
3 7 I/57
3 8 1/57
3 9 U57
3 0 . 1/57 I
3 j 1/57
3 2 1/57
3 3 1/57
3 4 1/57
� 5 ]/57
3�6 ' 1/57
3�� � 1/57
3 g ]/57
3�9 � � 1/57 �
TOTAL: 5�/57{100%}
MPLS-Word 95281.I i 41
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COMMON tNTCRES't COMMUNI'I'Y NO.NO. 1578
Cond�>miniune �
STONEI3AY Or ORONQ CONllO��l.1V1UM
CONSENT !3Y M(3.R'1'GAG�,� �
The undersigned {the "Morigagee") is a n�ortgagee of portions o!''th� real property
described in the attached Declaration of Stonebay of Orono Condo�niniiun (the "Declarati.on"),
Mortgagee hereby consents to this Declaration; provided, that by consentin� to the Dec;taration,
(i) Mort�agee does,nol in any manner constitute itseit'or obligate itselfas a Declarant as defir�ed
in the Declaration, (ii) such consent does not modify or amend the tenns and conditions of ihe
Mortgagee's tnortgage and related Ioaii documenls, and(iii)such mortgage shall rcmain as a lien
on the property described lherein,prior to any liens imposed iuider lhe Dec(aratioi�,until released
or satisfied. '
I�(�WITNESS WEIFRE F, the Mortgagee has caused this Conseni to bc executed on
the�day of s� , 2007. .
1�lA1NS7'RE�'I' lit1NK
- � B
t�-"
STATE OF MiNNESOTA )
� ) ss. ,
COUNTY OF��f�iS� )
� The foregoing instru�nent was ack.nowleciged before n�e this .t e� day of
�e.n+�r,2007, bY ,(?�t•,iy��.�,,,.. �_, the .$��y:e r U i�P o f
Mainstreet Bank, 1 Minnesota bank corp�ration,on bchalf of said entity. Pi�r,�t�_
� '
--Notary Public .
TH1S 1NSTRUMFNT WAS DRAFTED BY: !
Fredrick R. Krictzman, Esq. �
TELI-fABER, LA'ftSON, FENLON &VOGT, P.A. SCOTfLKRYNSb
22�SOut�l SlXt�l, Suite 2240 NOTARYPU811C—iuANNESOTA
. IiiY COMMl5S10N EXf'If�S JAN.31,2010
Minneapolis, Minnesata 55402 � ,
(612)373-8413 �
.
Mrts-wo.�t vszsi.i r 42 •
i
„. �...
, , 4 °_
, COMMON INTEREST COMMUNITY NO.N0. 1578 `
� Conduminium ,
' STONEBAY OF ORONO CONDOMINIUM
CONSEN�'BY MORTGAGEES �
The undersi�ed (the "Mortgagees”) are mortgagees of portions of uie real propert
described i the attached Declaration of Stonebay of Orono Condominium (the "Declaration")
Mortgagees herehy consent to this Declaration; provided, that by consenting to the Declararion�
(i) Mortgag es do not in any manner constitute thernselves or obligate themselves as Declaran
as defined �n the Declazation, (ii) such consent does not modify or amend the terms an
conditions f the Mortgagees' mortgage and related loan documents, and (iii) such mortgag
shall remai as a lien on the praperty described therein, prior to any liens imposed under the
Declaration until released or satisf ed.
IN ITNESS WHEREOF, the Mortgagee has caused this Gonsent to be executed on
the 7 t day of I�c.��c�-s �" ,2007_
� �� •�
�
� Dave 1
v�'!
Ra dy Koch
STATE OF�vIINNESOTA ) .
) ss.
COUNTY F O�� ��- ) ,
The foreg ing instrument was acknowledged before me this /��"� day o
!qu 4 ,2007,by Dave Koch and Randy Koch.
'""�, ROBERTKBUSS
o , NafarY Pubic � ��� 2 0 �c i '�' )L k S r'
• �,y���„� ��o Notary Public ,�., c o..-. �
y r..,�t� �^
-��t�;��- //si la. � �
THIS INST UMENT WAS DR.AFTED BY:
Fredrick R. ietzinan,Esq.
FELHABEI�, LARSON, FENLON & VOGT, P.A.
220 South S xth, Suite 2200
Minneapolis Minnesota 55402
(612)373-8 1$ ,
i
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