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AXPAYEA SEEiVlCES .
SFEA ENTERED
DEC I9 2Q07
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COMMON [NTEREST COMMUNITY N�. 1578 ;
Condominium '
STONEBAY OF ORONO CONDOMINIUM
DECLARATION
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' is Declaration is made in the county of���v�, state of Minnesota, on t is
�da of�lir`jt�5� , 2007, by 4.C. Development LC, a Minnesota limited Iiabil ty
company�(the "Declarant"), pursuant to the provisions of Minnesota Statutes Chapter 515 ,
known a' the Minnesota Common Interest Ownership Act (the "Act"), for ttte purpose f
creating tonebay of Orono Condominium as a condominium under the Act.
� HEREAS, Declarant is the owner of certain reaI property lacated in Hennepin Coun y,
, Minnesot , legally described in Exhil�it A attached hereto, and Declarant desires to submit s id
real pro erty and all improvements thereon (collectively the "Property") to the Act as a
condomi ium,and
H�REAS, Declarant desires to establish� on .the Property a plan for a perman t
residenti 1 community to be owned, occupied, and operated for the use, heaith, safety, d
welfare o the Owners and Occupants, and for the purpose of preservin�the value, the structu l
. quality, a d the original architecturat character of the Property,and
V1�HEREAS, the Property (i) is nat subject to a master association as defined in the A t;
(ii) is no subject to an ordinance refened to in Sectian 515B.1-106 of the Act, governi g
conversio s to common interest ownership; and(iii} does not include any shoreland as defined n
Minnesot Statutes 5ection 103F.205. ,
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T EREFORE, Declarant subjecis the Property to this Declaration under the na e
"Stoneba of Orono Condominiutn," consisting of the Units referred to in Section 2, declari g
that this ec(aration shall constitute covenants to run with the Property, and that the Prope y
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shall be owned, used, occupied, and conveyed.subject to the covenants, restrictions, easements, •
charges, and liens set forth herein, all of which shall be binding upon all Persons owning or
acquiring any right, title, or interest therein, and their heirs,personal representatives, successors,
and assigns.
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SECTION 1 �
� DEFINITIONS
The followin�words when used in the Govecning Documents shali have the foilowing meanings
(unless the context indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter 5•15B, known as the Minnesota
Common Interest Ownership Act,as amended. �
1.2 "Assessments" means and refers to all assessments levied by the Association
pursuant to Section 6 and pursuant to the Act, including, but not limited to,annual
assessments,special assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 317A and Section 515B.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 "Buildin�" means each structure which is or becomes a part of the Property and �
which contains at least one Unit.
l.6 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from tirne ta time.
� I.7 "Citv„means the city of Orono, Minnesota.
1.8 "Common Elements" rneans all parts of the Property except the Units, including
all improvements thereon.
1.9 "Comrnon Expenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Documents.
1.10 "Condominium" means the condomininm created by this Declaration and known
as Stonebay of Orono Condorninium.
1.I 1 "Declarant Contro( Period" means.the time period during which Dectarant has the
exclusive right to appoint the members of the Board, as described in Section [6.
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S 112 "Eli�ible Mort�aQee" means any Person which owns a first mortgage on a nit ' ;
and which has requested in writing that the Association notify it regarding ny
proposed action which requires approval by a specified percentage of Elig ble
� Mortgagees.
_ 1.I?3 "Governin� Documents" means this Qeclaration, tr� Bylaws, and the ArticIe of ,
lncorporation af the Association, as those documents may be amended from t rne
to time, all of which shall govern the use and operation of the Praperty.
l. 4 "Limited Common Elements"means a portion of the Common Elements alloca�ed
by this Declaration or by operation of Sectian SISB.2-102(d) or(� of the Act for
the exclusive use of one or more but fewer than all of the Units.
1. S "Member"means a Person who is a member of the Association by virtue of be ng �
an Owner as defined in this Declaration. The words"Owner"and"Member" ay
be used interchangeably in the Governing Documents.
1. 6 "Occunant" means a Person,other than an Owner,in possession of,or residing 'n,
a Unit_ .
1. 7 "Owner" means a Person who owns a Unit, but excluding a contract for dded
vendors,a martgagee,a holder of a remainder interest or a reversionary interest�in
, a life estate, and any other secured parties within the meaning �f the Act. T e
I term "Owner" inctudes, without limitation, a contract for deed vendee, and a
. holder of a life estate.
I.118 "Person" means a natural individual, a corporation, a limited liabiGty company a
partnership, a trustee, or other legal entity capable of holdirig title to real propert .
1.1�9 "PIaY' means one or more than one recorded plat depicting the Property pursu t
to the requirements of Section S I SB.2-110(c) of the Act, and satisfying t e
requirements of Minnesota Statutes Chapter 505, 508; or 508A, as applicabl ,
including any amended or supplemental Plat recorded from time to time n
accordance with the Act.
1.2 "Propert� means aIl of the real property subjected to this Declaration, now or n
the future, including al] structures and improvements located thereon. e
Property is legally described in Exhibit A attached hereto.
1_21 "Rules and Re�u3ations" means the Rules and Regulations of the Association s
approved from time to time pursuani to Seccion 5.6. �
1.2 "Unit" means a part of the Property within a Building other than the Cammo
Elements, including one or more than one room or enclosed space designed an
intended for separate ownership and use, al[ as described in Section 2 and show
on the Ptat.
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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 �F UNITS,BOUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section 16. A13 Units are restricted exclusively to residential use.
Each Unit canstitutes a separate parcel af real estate_ No portion of a Unit shall be transferred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section 16, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S I SB.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Units is
set forth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utiiity lines, pipes, ductwork, mechanical,
electrical, or p�umbing systems, or other common facilities serving more than one Unit, but .
Iocated in or passing through a Unit, shall be Common Elements. The boundaries of each Untt
shall also extend along the inside unfinished surfaces of the Unit's perimeter doors and windows, �
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Sectian 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 Appurtenant 8asements. The Units and the Common Elements 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
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I 3.1 Common Elements. The Common Elements, and their characteristics are as
i � follows:
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3.1.1 All of the Praperty not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration,on the Plat, or in the Act;
3.1.2 The Common E(ernents shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Occupants in Limited Common
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E�ements appurtenant to their respective Units; and (iii) the right of the Associatio to .
e'tablish reasonable Rules and Regulations governing the use ofthe Property; �
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3.1.3 Except as otherwise expressly provided in the Governing Documents, (i)
n improvement, modification, canstruction, or change of the Common Elements s alf
� ta e place by an Owner or Occupant without prior written authorization by the Board nd �
(i )all maintenance,repair,replacement,improvement, management, and operation of he
C�mmon Elements shall be the respansibility of the Association;and
' 3.1.4 Common Expenses for the maintenance, repair, replacem nt,
m nagement, and operation of the Common Elements shall be assessed and collec ed
fr�m the Owners in accordance with Section 6_
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3. Limited Common Elements. The Limited Common Elements are those parts of '
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the Com on Elements reserved for the exclusive use of the Owners and Occupants of the U its
to which they are allocated, as described in this Declaration and the Act. The rights io the se
and enjo ent of the Limited Common Elements are automatically conveyed with he .
conveyan e of such Units. The Limited Common Elements are described and allocated to e
Units as llows:
� 3.2.1 Those items or areas designated as Limited Common Elements on the P at
or by the Act are allocated as indicated therein.
3_2.2 lmprovements, if any, such as decks, patios, porches, balconies, shutte s,
a nings, perimeter windaws and doors, window screens, window boxes, sleeves d
fi tings surrounding window air conditioning units, chimneys, driveways, wal s,
d rsteps and stoops, constructed as part of the original construction to serve a sin le
U it or Units, and replacements and modifications thereof authorized pursuant to Secti n
7. 0, iocated wholly or partially outside the Unit boundaries, are aliocated exclusively to
th Unit or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires; _conduits or other utili
in�tallations, bearing walls, bearin columns, or an other com onents or fixtures I � '
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p rtially within and partially outside the boundaries of a Unit, and serving only that Un t,
. ar allocated to the Unit which they serve. Any portion of such installations serving r
a ecting the function of more than one Unit or any portion of the Common Elements i a
p rt of the Common Elements,but is not a Limited Common Eiement. ,
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3.2.4 Heatmg, venhlatfng, or air conditioning equipment serving one or mo e
th n one Unit, and located wholly or partially outside the boundaries of one or more th n
o e Unit, are Limited Comman Elements allocated to each Unit served by su h
eq ipment.
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SECTION 4 •
ASS4CIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in ths Association, a.portion of the Common E;.penses, and a portion of the undivided interests
in tne Common Eiements,shall be gaverned by the foilowing prorisions:
4.l Membershin. Each Owner shail be a Member sotely by reason o�owning a Unit,
and the tnembership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shali terminate when the Owner's ownership terminates. �1/hen more
than one Person is an Owner of a Unit,al! soch Persons shali be members of the Association,but '
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit .nor '
authorize the division of the voting rights. '
4.2 Allocation of VotinQ Ri�hts, Common Expenses, and Undivided lnterests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, subject to the Association's right to levy limited Assessments under i
Sections 6.4. Each Unit shall have one vote wiEh respect to matters in which the Owners are
entided to vote. •
. 43 Appurtenant Rit�hts and Obligations. 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 conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated in#erest in a Unit,
separate from the title to the Unit shall be void. The allacation of the rights and obiigations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,o�some natural Person designated to act as proxy !
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
ADMINISTRATION
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The administration and operation of the Association and the Property, including, but not
limited to,the acts required of the Association, shall be governed by the fallowing provisions:
5.I General. The operation and administration of the Association and the Property
shail be govemed by the Goveming Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Goveming Documents and
. the Act, be responsible for the operation, management, and control of the Property. The
Association shall have al] powers described in the Governing Documents,the Act and the statute
� under whic� the Association is incorporated_ All power and authority of the Association shall be
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' vested in t e Soard, unless acrion or approval by the individual Owners is specifically requir d •
by the Go�veming Documents or the Act. All references to the Association shal] mean t e
Associatio�acting through the Board,unless specifically staied to the contrary.
5.2 Operational Purposes_ The Association shall operate and manage the Property f r
the purpos�s of(i) administering and enforcing the covenants, restrictions, easements, charge ,
and liens t forth in the Governing Documents and t�e R�les and Regulations, (ii) maintainin ,
repair�ng,�and replacing those portions of the Prflperiy and ather property for w�ich if s
responsibl�, and(iii) preservina the value, and the architectural uniformity and chazacter, of t e
Property.
5.3 �indin� Effect of Actions. AlI agreements and determinations made by e
Associatio in accordance with the powers and voting rights established by the Governi
Document�or the Act shall be binding upon all Owners and Occupants, and their lessees, gues ,
heirs, pers�nal representatives, successors, and assigns, and all secured parties as defined in t e
Act.
5.4 Bvlaws. The Association shall have Bylaws. The Bylaws shall govern t e
operation nd administration of the Association, and shail be binding on all Owners a
Occupants
5.5 Mana�ement. The Board may delegate to a manager or managing agent
manageme t duties imposed upon the Association's offcers and directors by the Governin
Document and the Act. 1-Iowever,such delegation shall not relieve the officers and directors f
the ultima e responsibility for the performance of their duties as prescribed by the Governin
Documen and by law.
5.6 Rules and Regulations. The Board shall have exclusive authority to approve an�
implement such reasonable Rules and Regulations as it deems necessary from time to time f r
the purpos of operating and administering the affairs oF the Association and.regulating the us
of the Pro erty; provided, that the Rules and Regulations shall not be inconsistent with th
Governing Documents or the Act. The inclusion in other parts of the Governing Documents f .
authority t approve Rules and Regulations shall be deemed to be in furtherance, and not i
limitation, f the authority granted by this Section. New or amended Rules and Regulations sha 1
he effectiv only after reasonable notice thereof has been given ta the Owners.
5.7 Association Assets; Surplus Funds_ A11 funds and real or personal propert
acquired b the Association shall be held and used for the beneftt of the Owners for the purpose
' stated in t e Goveming Documents. Surplus funds rernaining after payment of or provision f
Common xpenses and reserves shall be credited against future Assessments or added t
reserves, a determine�by the$oard.
5.$ Resa(e Disclosure Certifcates. Pursuant to Section S 15B.4-]07 of the Act, in th
event of a�resale of a Unit by an Owner other than Declarant, that Owner shall furnish to-th
purchaser resale disclosure certificate containing the information required by Section S 15B.4
107(b} of�e Act. Pursuant to Section S I SB.4-107(d) of the Act, the Association shai3, withi
ten days ( r within such other relevant timeframe set forth in the Act) after a request by
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Association may charge a reasonable fee for furnishing the resale disclosure certificate and aay
documents related thereto.
SECTION 6
- ASSESSIVlEN'i'S
6.1 Generai. Assessments shalI be determined and assessed against the Units hy the •
Board, in its discretion, subject to the requirements and procedures set forth in this Section b and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. �ach annual Assessment shall cover all of
the anticipated Common Expenses of the Association far that year which are to be shared equally
. by ail Units in accordance with the al{ocation set forth in Section 42_ Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessment is levied, Declarant shal� pay all Common
Expenses.
6.3 S,pecial 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 shal] 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 speeific reserves for
maintenance, repair,or replacement of any part af the Property,and (iii) the maintenance, repair, . i
or replacement of any part of the Property,and any fixtures or other progerty related thereto.
6.4 Limited Assessments_ In addition to annual Assessmenis and special
Assessments,the Board has the authority to(and, in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following reguirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Comrnon 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 al] of the Units, may, at the
Board's discretion,be assessed exclusively a�ainst the Unit or Units benefited.
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b.4.3 In addition to annual Assessments and special Assessments,the Board h s • ,
the I authority to {and, in certain instances set forth in this Section 6.4, shalt) levy an
allqcate limited Assessments among only certain Units in accordance with the fol]owi
req�irements and procedures.
. 6.4.4 The costs of insurance may be assessed in proportion of the square foota
or a�ctuat cost�er Unit.
b.4.5 Reasonable attorneys' fees and other costs incurred by the Association i
� conl ection with (i) the collection of Assessments and (ii) the enforcement of th
Ga erning Documents, the Act, or the Rules and Regulations, against an Owner
Oc upant 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 i
Sec�ion 14.
6.4.7 Assessments levied under Section S 15B.3-116{a} of the Act to pay �
jud�ent agamst the Assoc�at�on may be lev�ed only agamst the Units existing at th
tim the judgment was entered, in proportion to their Cammon Expense liabilities. �
act I6.4.8 If any damage to the.Common Elements or another Unit is caused by th
r omission of any Owner or Occupant, or their guests�or envitees, the Associatio
� ma assess the costs of repairing the damage, or any increase in insurance rates directly�
attri�utable to the Act or omission,exclusively against the Owcaer's Unit to the extent tha�
- the amage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose authorize
by t e Act, Assessrnents and any instaliment thereof not yet due shall be recalculated i
acc rdance with the reallocated Common Expense liabilities
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� Assessment� levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, b
assessed as�part of,or in addition to,other Assessments levied under Section 6_l or 6.2: �
6.5 I Workin Ca ital Fund. There shall be established a workin ca ital fund to meetl •
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unforeseen �expenditures or to purchase additiona! equipment or services for the Association. �
The Board �may include in each subsequent annual budget a reasonable amount of working
capital, bas�d upon the anticipated needs of the Association for the year in qnestion. There shall
be contribuU�ed by the purchaser of a Unit, on a one-time basis upon the initial sale of each Unit
by Declarar�lt, an amount equal to four monthly installments of the estimated annual Assessment
for the Unit in the year of the safe. 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�
contribut�on to this fund are in addition to the regular installments of annual Assessments, and I
shal! no# b a credit to the regular installments of annual Assessments levied against the
respective nit. The funds sha11 be deposited into a s�gregated Association account no later than
the terminat on of the Declarant Control Period. Funds deposited in said account shall not be
used to defi�ay any of Declarani's expenses, reserve contributions or construction costs, nor to
make up an budget deficits during the Declarant Control Period. However, upon the ciosing 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 woricing capita! fund with �
respect to that Unit.
6.b Liability 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 title to th� Unit or(ii)the due date of the first Assessment levied against the Unit by th� _
Board. The Owner at the time an Assessment is payable with respect to the Unit sha11 be
personally liable for the share of the Common Expenses assessed against such Unit. Such
liability shall be joint and several where there are multiple Owners of the UniG 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
abandanment of the Unit, by the waiver of any other rights, or by reasan of any.claim against
Declarant, the Association, or the Association's officers, directors, or agents, or far their failure
to fulfil]any duties under the Governing Documents or the Act. �
b_7 Declarant's Alternative Assessment Pro�ram. The following altemative
Assessment program is established pursuant to Section S 15B.3-115(a)of the Act.`
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been Jevied, Declarant may e]ect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
. occupancy or comparable City approva( has been issueci with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
required by Section S15B.3-]f5 of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the leveE of services for other
items set forth in the Association's budget.
6.7.3 Declarant's reduced assessment obiigation shal! apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issuance of a final certificate of
occupancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Association has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment becom,es due. If an Assessment is payable in
installments, the fiill amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B.3-]02(a)(10), (l !), and (12} of the Act are liens, and are
enforceable as Assesstnents, under this Section 6. Recording of this Declaration constitutes
. record notice and perfection of any lien under this Section 6, and no further recordation of any
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notice of o�r claim for the 3ien is required. The release of the {ien shall not release the Own r .
from perso�ai liability unless agreed to in writing hy the Association.
6.9 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclos
against a U�it under the taws of the state of Minnesata(i)by action,or(ii)by advertisement in
� like mann r as a mortgage containing a power of sale. The Association, or its authorize
representat�le, shal! hav� the power to �id in a± the foreclosure sale and #o acquire, hold, leas ,
mortga�e, nd convey any Unit so acquired. The Owner and any other Person claiming a
interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to t
Associatio a power of sale and full authority to accomplish the foreciosure. The Associatio
shall, in ad ition to its other remedies, have the right to pursue any other remedy at law or i
equity agai st the Owner who faiis to pay any Assessment.or charge against the Unit. �
6.1 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens an
encumbran es on a Unit except{i) liens and encumbrances recorded before this Declaration, (i )
any first ortgage on the Unit, and (iii) liens for real estate taxes and other governmen 1
Assessmen�.s or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgag
on a Unit i foreclosed, {ii) the first mortgage was recorded on or after the date of recording f
, this Declar�tion, and{iii) the Owner of the Unit does not redeem from the foreclosure during th
� Owner's p riod of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, the
! the holder�f ttte sherifPs certificate of sale from the foreclosure of the first mortgage shail tak �
title to thq Unit sub}ect fo a lien in favor of the Association for unpaid Assessments r
instaliment� thereof levied pursuant to Sections S15B.3-i 15(a), (e)(1) to (3), (fl, and (i) of th
Act wfiich�ecame due, without acceleratior►, during the six months immediately preceding th
first day following the end of the Owner's period of redernption.
6.1� Real Estate Taxes and Assessments, Real estate taxes, special assessments, an
� other char es and fees which would normally be levied against the Cornmon Eiements b�
govemmen�al authorities, shall be allocated equally among and levied against the Units, an
shall be a 1 en against each Unit in the same manner as a lien for real�estate taxes and real estat�
special ass�ssments levied against the Unit alone.
6.1� Voluntarv Convevances; Statement of Assessments. In a voluntary conveyanc �
of a Unit t�e huyer shall not be personally liable for any unpaid Assessrnents and other charge
made by th Association against the seller or the seller's Unit prior to the time of conveyance t
� the buyer, nless expressly assumed by the buyer. However, the lien of such Assessments shall
remain aga�nst the Unit until released. Any seller or buyer shall be entitled to a statement, i
recordable form, from the Association setting forth the amount of the unpaid Assessmen
against the Unit, including all Assessments payable in the Association's current fiscal yea ,
which state�nent shali be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS Oi�t USE OF PROPERTY
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 t
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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:
?.l General. The Property shall be owned, conveyed, encumbered, leased, used, and
occupied subje�t to the Governing Documents a.nd the Act, as amended from time to time. A??
covenants, restrictions, and obligations set forth in the voveming Documents are in furtherance
of a plan for the Property, and shatl run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal representatives,successors,and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Sectian 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 pecmitted 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 Declarant) for a period of less than twelve months or any occupancy
which includes services customarily furnished to hotet guests, shall be presumed to be for
transient purposes. � .
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit;provided, that such use (i) is incidental to the residential use; (ii) i
does not involve physical alteration or improvement of the Unit visible from the exterior
of the Unit; (iii) is in compliance with all governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
. displays, unusual numbers of deliveries, or unusual levels of pedestrian or, vehicular
i traffic to and from the Unit; (v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment.of the Property by other Owners or .
Occnpants.
?.4Z Declarant may maintain offices,models,sales facilities,and other business
#�acilities 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.' Leasin . Leasing of Units shall be allowed (subject to reasonable regulation by �
the Ass iation) but only in accordance with the following conditions: (i) no Unit may be
sublease , (ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shall be in
wri#ing, ( v) unless otherwise required in connection with the financing,guarantee,or insurin of
a Unit m�rtgage� and except for leasing of Units owned hy Declarant, no lease shall be fo a
period le s than twelve months, zxcept for extenuaring situatiors, {v) the lease shall pravide at
it is subj ct to the Governing Documents, the Rules and Regulations, and the Act, and that ny�
failure o, the lessee to comply �+ith the terms of such documents shall be a default under e
lease, and (vi) prior to�occupancy of the Unit by the lessee(s), the Association shall receiv a
copy of t e fully-signed lease along with a written list of the name and telephone number of e ch
Person w o will occupy the Unit under the]ease,and the absentee address of the leasing Ow er.
The Ass ciation may irnpose such reasonable Rules and Regulations as may be necessary to •
impleme�t procedures for the leasing of Units, consistent with this Section and applicable 1 w,
including but not limited to{i}a requirement for a form addendum to be attached to each leas to
assure th t the rights and authority of the Association and Owners and Occupants are recogniz d, '
and (ii) requirement for the screening of lessees through a reputable, professional screen ng
organizafon; provided,that such screening shall not violate federal, state, or local discriminat on
laws.
7.6_ Dele�ation of Use. An �wner's right of use and enjoyment of the Unit shall be
automati ally delegated tv other persons living in the Unit pursuant to a ]egal right of possessi n;
provided that such persons shall be subject to the Governing Documents and the Rules d
Regulati ns. Unless otherwise authorized in writing by the Board, if persons other than e
Owner o the Owner's family (e.g., lessees) have been given the legal right to possess e
� Owner's''Unit, then those persons shall have the right to use any recreational facilities, parki g,
storage, nd other amenities available by reason of.occupancy of the Unit in lieu of the O er
and the wner's family. .
� 7.7 Parkin�. There are ninety-five Common Element vehicle garage s ils �
(collecti ely the "Stalls," and individualty a "Stall") in the lower 3eve1 of the Building. e '
Stalls an other parking spaces on the Property shall be used only for parking of vehicles ow ed
or lease by Owners and Occupants, and such other incidental uses as may be authorized in
writing by the Association. A Stall shall not be converted to other uses or used for storage or
other pu oses which would prevent the parking of a mid-size automobile in the Sta]!, except as
authoriz in writing by the Association. The use of the Stalls, other parking spaces, d �
drivewa on the Property, and the types of vehicles and personal property permitted there n,
shall be ubject to regalation by the Association, including, but not limited to, the right of he
Associati n to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls_ The Stalls shall be assigned to various Units; and the aperation d
transfer f the Stalls shalE be administered, in accordance with this Sectian 7.8. The follow ng
conditio s and restrictions shatl govern the assignment, use,and transfer of the Stalls.
7.8.! The initial assignment of a Stall to a Unit shall be made by the Associat on
as directed by Declarant at the time of the first conveyance of the Unit by Declar nt.
U on the closing of the initial sale of a Unit, the Association shall, as directed by
D clarant,assign to the Unit the exclusive right and license to use at least one Stait. E ch
MPLS-Word SZ81.1 I �3
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i Stall assigned by the Association shall be deemed to be licensed and assigned by the .
iAssociation to the Unit to which it is assigned. After all Units owned by Declarant have i
, 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, s�r
� for renta!or assignment by the Association to Owners or Occupants, as determined by the
' � Board. T?le Association may, after Declaranrno longer owns any L►nit, rent or otherurise
, � assign any unassigned Stalls to Owners or Occupants. .
' 7.3.2 The use rights with respect to each Statl shall be deemed to be licensed
� exclusiuely to the Owner of the Unit to �hich the Stall is assigned. The Association shall
maintain records identifying the Stalls, the Units to which they are assigned, the names af
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of garage stall assignment(the"Garage Certificate") sha11 be signed and dated �
, � on behalf of the Association and made available for delivery on the date the Owner
' acquires title to the Unit to which ihe Stall is assigned. The Association shall noi
i unilateral3y reassign any Stall assigned to a. Unit, except for handicapped Stal1
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
.
7.8.3 A Sta11 shall remain with the Unit to which is it assigned until the license
is transferred in accordance with this Section 7_8.3. Subject to Section 7.8.2, a Stall
license may be transferred to another Unit, but only by first delivering to the Association
(i) a written transfer certificate, in a form approved by the Association, signed by the
transferor and the transferee, and {ii) all prior Garage Certificates and copies thereof
issued with respect to the Statl. The Association shall review the proposed transfer
• certificate for compliance with this Section 7 and, if the transfer complies, the
Association shall transfer the liaense on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The ticense to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section �.8. !n the absence of a properly executed assignment to
the contrary, the ]icense to use a Stall assigned to a Unit at the time of the Unit's �
eonveyance shal� be automatically assigned wifh the conveyance of title to the Unit.
7.8_4 An Owner may rent or allow the use of the Stall assigned to his or her Unit '
only to or by other Owners and Occupants. The lease or other use right shall be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regard(ess of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the Stall assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use a�reement to the Association_ The Association may hold,reassign the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7_8.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the ticense to any Stall which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer of •
ar�y interest in a Stali in vioiation of this Section 7.8 shall be void:
7.8.7 The use of the Stalis, and the size and types of cars and other motori ed
v�hicles which may be kept in a Stall, are subject to Ru[es and Regvlations as appro ed
fr�m time to fime by the Board_
7.$ Stora�e Spaces. There are ninety Common Element storage spaces located in he
lower lev�el of the Building (collectively the "Stflrage Spaces," and individually a "Sto ge
Space"). The assignment of tt�e Storage Spaces, and the operation and transfer of the Sto ge
Spaces, slpall be administered in accordance with this Section 7.9. The following conditions nd
restrictions shall govern the assignment,use, and transfer of the Storage Spaces.
� 7.9.1 The initial assignrrtent of a Storage Space to a Unit shall be made by he
A�sociation as directed by Deciarant at the time of the first conveyance of the Unit y ;
D�clarant. Upon the closing of the initial sale of a Unit,the Association shali, as direc ed
by Declarant, assign to the Unit the exclusive right and license to use at least one Stor ge.
Space. Each Storage Space assigned by the Association shall be deemed to be licen ed
anfd assigned by the Association to the Unit to which it is assigned_ After all Units ow ed
by!Declarant have been conveyed, any unassigned Storage Spaces shall be deemed to ye
assigned to the Association. The Association may, after Declarant no longer owns a y
Umit,rent or otherwise assign any unassigned 5torage 5paces to Owners or Occupants.
� 7.9.2 The use rights with respect to each Sterage Space sha!] be deemed to be
liaensed exclusively to the Owner of the Unit to which the Storage Space is assign d. .
The Association shall maintain records identifying the Storage Spaces, the Units to whi h
th�y are assigned, the names of the Owners of the Units, and the dates of assignment a d
any reassignments. A written certificate of Storage Space assignment {the "Stor e
C�rtificate") shall be signed and dated on behalf of the Association and made availa le
fo�'delivery on the date the Owner acquires titie to the Unit to which the Storage Spac is
as�igned; provided, that the Owner has been assigned a Storage Space. The Associati n �
shxli not unilateratly reassign any Storage Space assigned to a Unit.
7.9.3 A Storage Space license shall remain with the Unit to which it is assign d
unrtil the license is transferred in accordance with this Section 7.93. .Subject to Secti n
7.92, a Storage Space may be transferred to anather Unit, but onty by first delivering to
th� Association (i) a written transfer certificate, in a form approved by the Associati n,
si�ned by the transferor and transferee, and (ii) all prior Storage Certificates and cop'es
th$reof, issued with respect to the Stflrage Space. The Association shall review t e
pr posed transfer for compliance with this Section 7.9 and, if the transfer complies, t e
A sociation shall transfer the license on its records to the Unit owned by the transfer e
an issue a new Stora�e Certificate to the transferee. The license to use the Stora e
S ce shall remain with the Owner and Unit to which it is transferred until the license is
tralnsferred in accordance with this Section 7.9. In the absence of a properly execut d
as$ignment to the contrary, the license to use a Storage Space assigned to a Unit at e
tirme of the Unit's conveyance shall be automatically assigned with the conveyance f
tit�e to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his •
or her Unit only to or by other Owners and Occupants. The lease or other use right shatt
be in written form, and shall terminate when the lessor, lessee, or other user is no lon�er
an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
� Owner shall give the Association advance written notice of any lease or use agreement
� with respect .to the Storage Space assigned to that Owner's Unit, and shall promptly
provide a copy of the lease or use agreement to the As;ociation. The Association may
hold, reassign the license foc, or rent, a Storage Space assigned ta it in the same manner
as an Owner, except for the Storaga Spaces reserv�d for use by Owners. , .
7.9.5 7'he interest of a secared party holding a.first lien or other security intersst
on a Unit shall include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
7.9.6 Any license, lease, rentai, assignment, transfer, or purported transfer of -
any interest in a Storage Space in violation of this Section 7.9 shall be void. .
" 7.9.7 The use of the Storage Spaces, and the items that may be stored in the
Storage Spaces, are subject to Rules and Regulations as approved from time to time by
the Board.
7.10 Animals. The Board shall have the exclusive 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.L 0.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.10.2 Pets shall be kept solely as common domestic househoid 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 purposes,by any Person upon any part of the Property.
7.10.3 Pets shal! not be allowed to make an unreasonable amount of noise, or to
become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10,4 Pets shall be housed only within Units, and not within the Common
Elements. No structure, fence, or enc(osure for the care, housing, or confinement of any
pet shatl be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.]0_5 Pets shall be under control of an adult individual at all times when oatside
of the Unii.
MPLS-Word 95Z81.11 . �6
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� 7.10.6 Owners and Occupants keeping pets within their Units are responsible for •
' t}1e pet's behavior and for complying with municipal pet Iaws,, ordinances, nd
� r�gu3ations. An Owner is liable to the Association for the cost of repair of any damag to
t e Property,or the damages and expenses associated with any persona! injury,caused by �
. a animal (i) kept by that Owner on the Property, (ii) kept on the Property by an , -
O �upant of that Owner's Unit, or(iii) brought upon the Property by a guest or invite of .
t at Owner or that Occupant. i he owner of that animal (i;not thai Owner)shall also be
ii ble for such costs,damages,and expenses.
� 7.i Q.7 The Board shall have autho ' t
nty o determme in �ts soIe and absol te
di cretion whether a particular pet shall be permanently removed from the Property ba ed
u on the pet's behaviar or the failure of the pet's owner to comply with(i)this Sectio �,
(i ) applicable governmental restrictions, laws, or ordinances, or (iii} any additio al
re�trictions approved by the Board; provided, that such removal shall be subject to
S ction 13.3.
7.]0.8 Any fine, or costs for repair or,injury, imposed upon an Owner fo a
fa�iure to comply with any pet restrictions shall be an Assessment against the Owne 's
Uhit
, 7.�1 Quiet Eniovment; Interference Prohibited. Subject to Section 7.16, all Own rs
' and Occu ants and their guests shall have a right of quiet enjoyment in their respective Uni s,
subject to the rights of other Owners and Occupants to reasonabie use af their respective Un ts
and the u uat and customary sounds generated thereby given the mu�ti-family, apartment-st le
structure f the Building. Taking into consideratian the nature of the Building stracture, Own rs
and Occu ants and their guests shall use and occupy the Property in such a manner as will t
cause a n isance or disturbance, nor unduly restrict, interfere with or impede the use and qu�et
enjoymen of the Property by other Owners and Occupants and their guests.
7_ 2 Compliance with Law. No use shall be made of the Property which wouid viol e
any then 'xisting municipal codes or ordinances, or state or federal laws and regulations, n r
shall any ct or use be permitted which could cause waste to the Property, cause a materi I �
increase i insurance rates on the PropeRy, or otherwise cause any vnusual liability, health r �
safety ris or expense, for the Association or any Owner or Occupant_ �
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7.1,3 Alterat�ons. Except for those made by Deciarant in consideration of its initial sa e
of a Unit 'nd except as otherwise pravided in Section 8, no alterations (as defined in Section )
shall be m�ade, or caused or allowed to be made, in any part of the Common Elements, or in a y
part of th� Unit which affects the Common Elements or another Unit, or which is visible fro
the exteri r of the Unit, without the prior written authorization of the Board, or a committ e
appointed y it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit a y
physical c anges to his or her Unit that could jeogardize or impair the weather-tight soundness r
safety of t e Building, or any Building system, or other improvement ]ocated on the Property; r
(ii) interfe e with any easement affecting the Property.
MPL.S-Word 95�L31.11 17
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
form of tease, 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.]5 Access to Units. ln case of ernergency which constitutes an immediate and
materiaf threat to the PToperty 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
persannei. Enhy is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
7.1 b Public Works Facilitv. The City's public works faciliry(the"Facility"} is located
directly to the west of the Property. The Facility is.used by the City for, among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. Given ;
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,sounds,lights,and smells associated with the Facility.
7_l7 StoraQe. Subject to the provisions of Section 7.9, persona! property may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Baard. All
portions of the Common Elements used for access ta 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 ihe weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii)interfere with any easement; (iii) instal( or permit the installation of hard surface
floor coverings within their Unit withaut the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which could affect or
damage the sound barriers or sound attenuation materials instatled on or within the ceilings,
floors,or wa11s of the Units without the prior written authorization of the Board,
SECTION 8 �
ARCHITECTURAL STANDARDS
8.l Restrictions on improvements. One of the purposes of this Deciaration is to
ensure that those parts af the Units which are visible from the exterior, as well as the Limited
Common Elements, be k�pt architecturally attractive, and consistent in appearance, and
structurally sound. Therefore, except as set forth in.Section 8.5, the foilowing restrictions and
requirements shall apply to alterations on the Property:
8.1_t Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether femporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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in�ividually a "alteratian"}, includin , but not limited to an structure buiidi '
g , Y � g�
ad ition, deck,patio, fence, wall,encl�sure, window, exterior door,antenna or other t e
of sending or receiving apparatus, sign, flag, display, decoration, color chan e,
s bbery, materiai topographical or landscaping change,or any other exterior alterati s
. to r of a Unit or a Limited Common Element, shail.he made, or caused or allowed to e
- ri�ue, by any Ow;,er ar Jccupant;or their invitees, in any Fart of the Common Eler�en ,
ar jm any part of the Unit which affects the Common Elements or another Unit, or whi h
�s is�ble from the exterior of the Unit, unless and until the plans and specificatio s
� sh wing the nate�re, kind, shape, height, calor, materials, and locations of the alteratio s
sh ll have been approved in writing by the Board or a committee appointed by it. In
ad ition, Declarant's written consent shall also be required for alterations until Decla t
no longer owns a Unit for initia] sa}e_
8.1.2 The Board may appoint, supervise, and disestablish an architectu 1
co�runittee, and specificaUy delegate to it part or all of the functions which the Bo d
ex rcises under this Section 8, in which case the references to the Board shall refer to t e
a hikectural committee where appropriate. The architectural committee shall be subj ct
to he supervision oFthe Board. �
8.1.3 The Board shall establish the criteria for approval of alterations, whi h
sh 11 (i) adequately protect the Property, the Association, and the Owners and Occupan s,
: fro liability and liens arising out of the proposed alterations or any construction activi
in connection therewith, and (ii) cornply with all governmental taws, codes, a d
re ulations. The criteria for approval of alterations shalt include and require, at a
mi imum:
�
8.13_1 substantial uniformity of color, location, type, and design n
relatiQn to existing structures and topography,.
8.1.3.2 comparable or better quality of materials as used in existi g
improvements on the Property, • ' �
8_1.3.3 ease of maintenance and repair, �
8.13.4 adequate protection of the Property, the Association, the Owne ,
and the Occupants from liability and liens arising-out of the proposed alterations,
8.1.3.5 substantial preservation of other Owners' sight lines, if materi �,
and
8.1.3.6 compliance with govemmental laws, codes,and regulations.
8.1.4 The Board, or the appointed architectural committee if so authorized y
the Board, in iEs soie discretion, may impose standards for design, appearance, r
co strucTion which are greater or more stringent than standards prescribed by t e
Go erning Documents, or by building, zoning, or other governmental laws, codes, r
. re lations; provided, that such standards shall be consistent with the architectur 1
ch�racter and use of the Propec#y as planned and developed by Declarant. The Board, r
MPLS-Word 95�81.1 I �9
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the appointed architectural committee if so authorized by the Boazd, shall be the sole - •
judge of whether such criteria are satisfied, and its determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person holding or acquiring an
interest in the Unit. The purpose of the criteria established by the Board shall be (i) to ;
preserve the architectural sryle and uniformity, the qualiry and value of the Property,and �
(zi) to protecT the ,4ssociation and the Qwners from undue liability a:ising oui of th�
alterations or any construction activity in connection therewith.
8.i.5 Alterations may be made in compliance with Se�tion S 15B.2-t 1.3 of the ,
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S 15B.2-114 of the Act
8.1.6 Approval of alterations that encroach minimaily upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the Building and Units, shall create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary rec}uirement in the Governing Documents or the
Act. A fite of the resolutions approving all al#erations shalf be maintained permanently
as a part of the Association's records. �
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section 8: .
� � 8.2.1 Detailed plans, specificatians, and related information regarding any �
proposed alteration, in form and content acceptable to the Board,shall be submitted to the .
Board (or the committee}and to Dectarant(as long as Declarant is the owner of a Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Board(or the committee) and to Declarant(as long as Deciarant is the
owner of a Unit) shall give the Owner written notice of approval or disapprovai. If the
Board (or the committee) arid to Declarant (as long a&,Declarant is the owner of a Unit)
fails to apgrove or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board(or the committee) and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
� be granted; provided, that the alterations are done in accordance with the plans,
� specifications,and related information which were submitted_ �
� •
� 8.2.3 If no request for approval is submitted, a.pproval shail be deemed to be
I denied. .
8.3 Remedies for Vioiations. The Association may undectake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attorneys' fees and costs. of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each of the Owner's Units and be a pe:sonal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
MPLS-Word 95281.11 20
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of the B ilding or that Unit to the prior condition if any alterations were made in violation of is •
Section , and the cost of such restoration shall be a persona] obligation of the Owner and a ien
against e ch of the Owner's Units.
8. Owner Resnonsibilitv/Indemnity. An Owner who causes an alteration to I be
� made, re aidless of whether the alteration is approved by the Baard, shall be responsible for he
� construct on work and any clai�ns, damages, losses, or liabiiities arising out of the alterati n.
The O er, and not the Association, is responsible for determining whether any alteration i in
violation of any restriction imposed by any governmental authority having jurisdictian over ny ,
portion o the Property. The Owner shall hold harmfess, indemnify, and defend the Associati n,
and the A�ssociation's o�cers, directors, committee rnembers, and management agents, from nd
against a�y expenses, claims, damages, losses, or other liabilities, including without limitat on
attomeys° fees and costs of litigation, arising out of (i) any alteration which violates ny
governm¢ntal Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of he
specificaqions or standards for construction of the alteration, and (iii) the constructi�n of he
alteration�
8. Exemptions. The requirements set forth in this Section 8 (except Section .4)
shall not pply tt�the following:
8_5.I Construction, reconstruction, or remodeling by Declarant in coruiect on
w th its sale of Units. '
' 8.5? The instailation of tiZe following antennas within a Unit or withi� a
L mited Common Element, as permitted by applicable law: (i) one antenna one meterl or
le s in diameter for the purpose of receiving direct broadcast/satellite service or vi eo
p gramming services, or (ii) any antenna For receiving television broadcast sign Is.
� H wever, the Board or a committee appointed by it, may require that the antenna be
in talled so as to minimize its visibility from the front of the Unit and otherw se
calmouflage its appearance, uniess such requirements would violate applicable law, e
BOard shal! have authority to impose further, reasonable related requirements consist nt
with law. The Owner or Occupant of the Unit shall perform and pay for the instaliati 'n;
m�intenarice, and repair of the installation. . i
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. ' 8.5.3 Alterations permitted by the Rules and Regulations.
�I SECTION 4.
MAINTENANCE
9. Maintenance bv Association. Subject to Section 9.2,the Association shall provi e
for all aintenance, repair, and replacement {collectively referred to as "maintenance" br
"maintain") of the Common Elements and the Limited Cammon Elements, in accordance wi�h,
and subje t ta,tfie following qualifications:
9.1.1 The cost of inaintenance of a Limited Common Element required to e
u dertaken by the Association shal] be assessed against each Unit to which the Limit d
C mmon Element is allocated. The Association may assign to an Owner the obligati n
MPLS-Word 915281.I I z 1
for routine maintenance of a Limited Common Element allocated to the Owner's Unit. •
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The
Association shall have an easement on, over, and through that Unit and the Limited
Common Element for purposes of per�'�rming said maintenance.
9_l.2 The Association srall be rrsponsible for incidental damage caused to a.
Unit or its Limited Common Elements by work undertaken by, the Association pursuant
to this Section.
9.I.3 [f darnage to the Common Elements, the Limited Common Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Comrnon Elements which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the damage or correct the '
condition, charge the Owner for the cost of the rnaintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1. The Association shall have an easement on, over, and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9_].4 Notwithstanding the assigntnent of any maintenance obligations to an
, Owner, the Association shall have authority to approve any maintenance which af'fects . .
any part of the Property other than the Unit, which may impair any easement, or which
alters the appearance ofthe Property.as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for
Stonebay recorded in the office of the County Recorder in and for Henr�epin County,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway.lying within the Common Elements.
9.2 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 baElot, undertake to provide
maintenance to parts of the Units. -
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit,pursuant to Section 6.4.
9.4 Owner Responsibiliry. 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 a!1 portions of the Owner's Unit in good, clean, and sanit
cc�ndition, and to maintain the Limited Common Elements allocated to the Owner's U it I
to the extent assigned to the Owner under Section 9.1.I. The Association may require at �
th� Owners perform their maintenance obligations in accordance with standa ds
es blished by the Association.
9.42 To perforr.l the fo,egoing maintenance obligaticns in such man,�er as ot '
to damage the Properiy, or unreasonably disturb or cause a hazard ta other Pers ns
_ oc�cupying or using the Property.
The Association may, with the approval of the Members, undertake a`ny
m intenance of a Unit which the responsible Owner Fails to or improperly performs, d
� as ess the Unit and the Owner for the cost thereof. No such approval shall be necess ry
if the Association has the authority under the Governing Documents to perform s h
m intenance. Such cost shall be a personal obligation of the Owner and a lien against e
O ner's Unit. Owners and Occupants shall promptly notify the Association of defects in
or damage to thoseparts of the Property which che Association is obligated to mainta n.
e Board may require tliat the 4wners perform their maintenance obligations in
ac ordance with standards established by the Association.
9_ Waste of Common Utilities or Commonlv Metered Utilities. An Owner or
Occupant�of a Unit shall not cause waste, or unreasonable use, of common utilities or utilit es
that serv 'the Unit but which are commonly metered. In the event the Association determi es
that such aste or unreasonabie use is occurring, the Association shaIl have the authority to le y
against th .Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, charg s,
and fees whether billed by the utility provider, or otherwise) associated with that waste or
unreason ble use. Such costs, charges,_and fees shail be calculated by the Association usi g
reasonabl methods. Notwithstanding any provision to the contrary in this Declaration, t e �
Associati n may repair or correct any condition (and enter upan any Unit and Limited Comm n
Element t do so) causing the waste or unreasoc�able use. The cost of the repair or correct�n
may, at t e Boaid's discretion, be assessed against the Unit, and may, at the Board's discreti n,
be the per onal obligation of the Owner of the Unit and a lien against the Unit
9. Restrictions on Changes to the PropertY. Except as permitted by this Declarati n, �
no Owne�or Occupant shall, without prior written suthorization from the Board in accordan e
with Secti�n 7.12:
, 9.6.1 Cause or permit any physical or aesthetic changes or alterations, wheth r
te porary or permanent, to be made to a Unit or the Common Elements, if such chan�e
or�lteration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Comm n
El ments that could jeopardize or impair[he weather-tight integrity, safety or soundne s
of�any part of the Property, any system or equipment on or within the Property, or y
ot er improvements located on the Property.
• 9.6.3 Interfere wiih or otherwise impair any easement.
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9.7 Dutv to Report Defects. Owners or Occupants shall promptly report ta the •
Association any deiect or need for repair to those parts of the Property which the Association is
obligated to maintain. �
9.8 Dama�e Caused bv Owner. Notwithstanding any provision to the contrary in this
�Declaration, if, in the judgment,Af the Association, the need for maintenance of any part of the
Pr�perty:s caused by the wiilfu!or negliger.:a�t or omission of an Owner or Qccnpant,�he gu�st
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfuliy or negligently allowed to exist, the Association may cause such
damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Elemerit to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shali be a personal obligation of the Owner and a iien
against that Owner's Unit.
SECTION 10
INSURANCE .
10.1 Required Coverage. 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
amount equal to one hundred percent�of the insurable"replacement cost".of the Property,
exclusive of (i}deductibles; and (ii) land, footings,excavation and other iterns 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, impr.avements
and betterments re�ardless of when instal]ed, and any items referred to in Section '
. S15B.3-113(b)(i) through (vii) of the Act, but must do so if required by the Federal� '
National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration("FHA"), or the secretary �
of Veteran's Affairs {"VA"). The policy or policies shall cover personal property owned
by the Association. The policy or poiicies shall also contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such addiEional 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 limitation the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified
coverages or endorsements in effect.
10_1.2 Commercia! �eneral liability insurance coverin� the use, operation, and
maintenance of the Common Elements, with minimum limits of one million dollars per
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o currence,against claims for death,bodily injury,property damage, and such other ri ks '
as�are customarily covered by such policies for projects similar in construction, locat on
a 'd use to the Property. The policy shall contain a"severability of interest"endarsem nt
w ich shall preciude the insurer from denying the claim of an Owner or Occup t
b anse af negligent acts of the Association or other Owners or Occupants. The pol cy
sh II include such additiana[ endorsemeats, cove:ages and limits with respect to s ch
ha ards as may be required by the regu3ations o#'the FHA, VA, FNMA, or FHLMC a a
pr�condition to their insuring,purchasing,or financing a mortgage on a Unit.
(0.1.3 Fidelity bond or insurance caverage againsi dishonest acts on the part of
� di ectors, officers, managers, trustees, emptoyees, or persons responsibie for handli g
. fu�ids belonging to or administered by the Association, if deemed to be advisable by e
B ard or required by the regulations of any financing-related institution as a preconditi n
to�the purchase, insurin6, guarantee, or financing of a mortgage on a Unit. The fidel ty
bo d ar insurance shall name the Association as the named insured, and shal] com ly
wi�h the regulations of the FNMA, FHLMC, FHA or VA, if required by one of su h
ag nctes as a precondition to the purchase, financing, insuring, or guarantee o a
m rtgage on a Unit. An appropriate endorsement to the policy to cover any persons w o
' se e without compensation shall be added if the policy would not otherwise co er
vo unteers, or a waiver af defense based upon the exclusion of persons serving with ut
co�npensation shall be added.
� 10.l.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liability insurance with such reasonable limits a d
co�erages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Board may determine from time to time to e
in he best interests of the Association and the Owners.
]0 2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, 11
insurance premiums shall be assessed and paid as part of an annual Assessment. If
improvem nts and betterments to the Units are covered by the Association's property insuran ,
any increa ed cost may be assessed against the Units affected. The Association may, in the ca e
of a claim,for damage to one or more than one Unit, (i) pay the deductible amount as a Comm n
i Expense, �ii} assess the deductible amount against ane or more than one Unit affected in a y
reasonabl manner, or(iii) require the Owners of one or more than one Unit affected to pay e
deductible amount directly. The Association's decision as to who shall be charged with payi g
the deduc �ble amount may, but need not, be based on fault. Notwithstanding anything to t e
contrary i this Section ]0, the Association may, in the case of claim against the Association s
property i surance�,assess the deductible amount against all of the Units equally in the event th t
the deduct ble amoant is calculated by the insurance company based upon the percentage of e
value or e st(replacement or otherwise)of one or more than one Unit or Building.
10. Loss Pavee; Insurance Trustee. All insurance coverage maintained by t e
Associatia shall be written in the name of, and the proceeds thereof shall be payable to, e
Associatio {or a qualified insurance trustee selected by it) as trustee for the benefit of t e
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Owners and secured parties which suffer ioss. T'he Association, or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and co}lect upon any claims or iosses �
under any insurance policy maintained by the Association. ',
� . , ]0.4 ReQuired Policv Provisions. Aft policies of properiy insurance camed by the
, Association shall prouide, 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 ihe Association.
10.4.� The insurer waives its right to subrogation under the policy against any I
Owner or member of the Owner's household and against the Association and members of I
I the Board.
� (0.43 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope o#' authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warraniy or
condition regarding any portion of the Property over which the Association has no
control.
Lfl.4.4 If at the time of a loss under the policy ti�ere 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 Canceliation; Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall nat be canceled or substantially modified, for any reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units_
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
- the primary insurance where there is other insurance in the name of the Owner covering the same ,
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees. � �
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "gap covera�e"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
properry and personal 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 �urchased by the Assaciation, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 952R I.i I �b
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SECTION]1 �
RECONSTRUCTIOIV, CONDEMNATION, AND EMINENT DOMAIN
I l.l Reconstruction. The obligatians and procedures for the repair, reconstruction, r �
dispositio of the Property follawing damage or destruction thereof shall be governed by the A t.
Any repai or reconstruction shall be commenced as soon as practicable af�.er the casuaity a d
shall be s bstantially in accordance with the plans, specifications, and design of the Property s
initial(y c'nstructed and subsequentiy imgroved. Notice of substantial daix►age or destructi n
shall be gi en as provided in Section 15.l0.
1 1 2 Condemnatian and Eminent Domain. In the event of a taking of any part of t e
Property y condemnation or eminent dornain, the provisions of the Act shall govern; provid d,
{i) that no ice shall be given as provided in Section 15.10, (ii) that the Association shall be t e
attomey-i -fact to represent the Owners in any related proceedings, negotiations, settlements, r
agreemen , and {iii) that any awards or proceeds shall be payable to the Association for t e i
benefit of he Owners and the mortgagees of their Units. Eligibte Mortgagees shall be entitled o
priority fo condemnation awards in accordance with the priorities established by the Act and t e �
Govemin Documents, as their interests may appear.
, 11 3 Termination and Liquidation. The te►�nination of the Condominium, and t e
distributio of any proceeds therefrom, shall be governed by the Act. Any distribution of fun s
shall be b sed upon the value of the Units as determined by their relative value for prope
insurance urposes, and shall be made to Owners and their mortgage holders, as iheir intere s .
• may appe r,as provided in the Act. .
I1. Notice. The Association shall give written notice of any condemnati n
proceedin s or substantial destruction of the Property to the Eligibie Mortgagees entitled o
notice und'�er Section I5.10. �
�
11. Association's Authoritv. ln all cases involving reconstruction, condernnatio , '
eminent d main, termination or liquidation of the Condominium, the Association shall ha e
authority o act on behalf of the Owners in all proceedings, negotiations, and settlement f
claims. A 1 proceeds shall be payable to the Association to hold and distribute for the benefit f
the Owner and their mortgage holders,as their interests may appear,in accordance with the Ac
' SECTION 12
I
EASEMENTS I
, Th following appurt�nant easements and rights are he:eby granted,canveyed, dedicate ,
and rese d on, over, under, and across the Property,as appiicable.
12.1 Utilities, Services, and Operatine Systems. The Common Elements and the Uni s
shall be su ject to and benefited by nonexclusive easements in favor of the City,the Associati
and all util ty companies and other service providers for the installation,use, maintenance, repa r
and replac ment of a!1 utilities, services and common operating systems, such as natural ga ,
electricity, cable TV, security, telephone and other electronic communications, water, sewe ,
MPLS-Word 95 81.11 77
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septic sysiems, wells, and similar services, fire control systems and other comrnon 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 Occ�spants th�reof, shall also be subject to and benefited by a non-exclusive easement in
favor of the other t3nits, the Common Elements, and the Assaciation for all such utilities, �-'�
services, fire control systems, and other common operating systems_ Utilities and related
services or systems shall be insta(led, used, maintained, and repaired so as no# to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structura]
. or architectural integrity of a Bnilding,the Units,or the Common Element improvements. �
�
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��
Owners and Occupants therein, sha11 be subject to a nanexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
setttement, or movement of any part of ihe Property, for improvements which are added in -
compliance with Section 7.13, and nonmaterial inaccuracies in survey. lf there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shall exist for the encroachment, for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and far .the maintenance thereof.
Impr�vements or alterations added pursuant to Section 7.13 shall. be limited to minor
� encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as required by this Declaration,� Such eas�rnents shall
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Siructural Support Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for stnictural 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.
I 12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access ,
to and from public roadways and walkways on and across those po�tions 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 Ru]es and Regulations. The right of access of the Owners and
Occupants, and their invitees, to and from the roadway to the west of the Property, commonly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
recorded in the o�ce 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.
12.5 Inst�ection, Maintenance, Repair. Replacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Common Elements, the Units, and other irnprovements located within the
MPF,S-Word 95281.11 Zg
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Units, an the utilities serving the Units, to the extent necessary for the Association to fulfill iis -
obligatio s under ihe Governing Documents or for Declarant to investigate or undertake its
warranty bligations. Each Owner shall afford to the Association and its management age ts
. and empl yees, access at reasonable times and upon reasonable notice, to and through he
Owner's nit and its Limited Common Elements for inspection, maintenance, repair, d
replacem nt; provided, that access to the Lt.riit and its Limited Cammon Elements may be ad
without n tice and at any time in case of emergency. '
12 6 Public Safetv and I3ealth Access. There are nonexclusive easernents in favor of
the City nd other applicable governmenial authorities or agencies as shall from time to ti�ine
have juris iction over the Property, on and across drives, walkways, parking areas, and ot er
open spa e areas of the Property for reasonable access to perform.such duties related to I w
enforcement, fire protection, life safety, health, and sanitation as are reasonably required fr m
time to ti e. Such easements shall include access through and into the affected Units a d �
Limited C mmon Elements in the.case of an emergency. �
12 7 Emer�encv Access. In case of emergency or perceived threat to public health ior
safety, all Units and Limited Comrnon Elements are subject to an easement in favor of t e
Associati n far access, without notice and at any time, by an officer or member of the Board, y
the Assac ation's management agents, or by any public saPety personnel. The Board may requ re
that an O er or Occupant leave keys to the Unit with another Owner af the Owner's choice, r
with the ssociation, and.to advise the Association's management agent or the Board of t e
locations f the keys, so as to allow access for emergencies when the Owner or Occupant is
absent fro the Property for extended periods.
12;8 Recorded Easements. The Property shall be subject to such other easements
may be re rded against it or otherwise shown on the Plat. Any recorded easement benefiting r
burdening the Property shall be construed in a manner consistent with, and not in conflict wi ,
the easem nts created by this Declaration. Such recorded easements include, bu[are not licriit d
to, that ce ain Declaration of Easements, Restrictions and Covenants for Stonebay recorded 'n
the office f the County Recorder in and for Hennepin County, Minnesota, on July 29, 2004, s
Documen No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenan s,
the l�ssoc'ation has the obligation to maintain those unpaved portions of Keliey Parkway lyi g
within the Common Elements.
12.9 DrainaQe Easements. The Common Elements shall be subject to nonexclusi e
easements for storm water drainage in favor of the Owners and Occupants for reasonable sto '
water drai age, and other normal site drainage, over those parts of the Common Elements whi h
may be de igned, improved,or graded for such purposes. �
� i 2.10 Use and Eniovment Easements_ There are nonexclusive easements in favor of t e
Owners a Occupants of the Units for use and enjoyment on and across the Common Elemen ,
and for ex lusive use and en}oyment of any Limited Common Elements allocated to the Un t,
subject to ny restrictions authoriz.ed by, or set forth in, the Governing Documents or the Rul s
and Regul tions. .
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12.11 Declarant Riehts and �asements. The Units and the Common Elements are �
subject to exclusive easements and rights in favor of Declarant for the exercise of its declarant
rights as described in the Governing Docnments,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 detecmine 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 shali be permanent, shall run with the land uniess otherwise expressly indicated,
and shail be subjecc to the following qualifications:
I2.12.1 The easements shall suppiement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
12.12.2 The easements shall be subject to reasonable regulation by the
Association and shall be subject to such reasonable limitations as�to location and routing
as may be established by the Association or any govemmental authority.
t 2.]2.3 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, rep]ace, and ieconstruct the easement areas and any
improvements located t�ereon.
12.12.4 No Person shall materially restrict or irnpair any easement benefiting or
burdening .tlie Property, or any equipment or improvements relating to the easement,
subject to this Declaratio❑ and the right of the Association to impose 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 ot�er material shall be placed, in
� an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or impede the intended flow of water
through any drainage easement area:
12.t2.6 Persons exercising easement rights shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail c�sts incurred by it for repairing damage ta an easement area caused by the Person or '
the Person's invitees; and {iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against al)
claims, damages, losses, and other liabilities arising out of the exercise of the easement
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Dec(arant no ]onger owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Gommon Elements be and remain priyate property
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s bject to operation and regulation by the Association, and that the Units be and re ain '
p�ivate property subject to operation and regulation by thc respective Owners the eof
a d/or the Association,as applicable, a11 in compliance with the Governing Document .
I�.]3 Restriction on Third Pa Easement Granks. Exce t for Declarant in the exer i e
� m' p � s ,
- of its rig ts under this Declaration, and except for the Board in the.exercise of authority gra ted _
by the overning Documents, no Ferson shall create, grant, or convey any easement or
compara ie rights upon any portion of the Property withoat the prior writien approvaf of he
Board;p ovided,that the Board shall authorize an Owner to grant an sasement over the Own r's
Unit if(i the easement will not adversely affect the Cammon Elements or another Unit and ii)
the easer�ent is consistent with the overall design and plan for the Property as escablished by
Declaran�and approved by the City.
1 14 Continuation and Scove of Easements. Notwithstanding anything in is �
, Declarati�in to the contrary, no Owner or Occupant sha11 be denied reasonable access to his or
her Unit r the righc to utility services thereto. The easements set forth in this Section 12�s all i
supplem nt and not limit any easements described elsewhere in this Declaration or recorded, nd
shall inc ude reasonable access to the easement areas through the Units and the Com on
Elements for purpases of maintenance, repair, replacement, and reconstruction. All easem nt
rights sh 11 include a right of reasonable access to maintain, repair, and replace the utiliry li es
and relat�d equipment:
' SECTION 13
COMPLIANCE AND REMEDIES �
��ch Owner and Occupant, and any other Person owning or acquiring any interest in he
Property, sharl be governed by and comply with the provisions of the Act, the Governi g
Docume s,and the Ruies and Regulations, and such amendments thereto as may be made fr m
time to �me, and the decisions of the Associatian. A failure. t4 comply shall entitle he �
Associati n to the relief set forth in this Section, in addition to the rights and remedies authori ed
elsewher�6y the Governing Documents and the t1�t.
1 .1 Entitlement to Relief. The Association may commence legal action to reco er
sums du , for damages, for injunctive relief or to foreclose a lien owned by it, or a y .
combinat on thereof,or an action for any other retief authorized by the Governing Documents or
available�t law or in equity. Legal relief may be sought by the Association against any Own r, '
or by an'Owner against the Association or another Owner, to enforce compliance with t e
Governin Documents, the Rules and Regulations, the Act, or the decisions of the Associati n.
However,no Owner may withhold any Assessments payable to the Association,or take (or am t}
other acti�n in violation of the Governing Documents,the Rules and Regulations,or the Act,a a
measure t� enforce such Owner's position, or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or impli d,
administr�tive or legal, the Association shall have the right, but not the obligation, to implem t
any one o more of the following actions against Owners and Occupants and/or their guests,w o
violate th�provisians of the Governing Docuinents, the Rutes and Regulations, or the Act: �
,
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13.2.1 Commence legal action for damages or equitable relief in any court of -
� competent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the monih
followina the�nonth for which the Assessment or instaltment was c�ue._
13.2.3 in the event of default of more than thirty days in the payment of any
Assessm�ni or instatlment thereaf, alI remaining insfallments of Assessments assessed
against the Unit owned by the defautting Owner may be accelerated and shall then be
payable in full if all delinquent Assessments or instal]ments thereof, together with all
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defaulting Owner_ .
13.2.4 [mpose reasonable fines, penalties, or charges for each violation of the
Act,the Governing Documenis,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common 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 suspensions shall be limited to periods of default by
; such Owners anc!Occupants in their obligations under the Governing Documents,and for
up to thirty days thereafter, for each violation. ,
13:?.6 Restore any portions of any Common Elements,Unit,or Limited Coinruon
Elements damaged or altered, ar allowed to be damaged or altered, by any Owner or
Qccupant or their guests in violation of the Governing Doeuments, and to assess the cost
of such restoration against the responsible Owners and their Units. 1fie Association shall
have an easement to carry out its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elemenu in
- which, or as to which, a violation or breach of the Governing Documents exists which " �
materially affects,or is 3ikely to materially affect in the near future, the health or safety of '
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense of the offending Owner or Occupant, any stcvcture,
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 shal] have an easement ta carry out its authority under this Section
13.2.7.
132.8 Foreciose any lien arising under the provisions of the Goveming
Documents or under law, in the manner provided by the Act.
133 Rights to HearinQ. In the case of imposition of any of the remedies authorized by
Section 7.1�.7, 13.2.4, 13.2.5, 13.2.5, or 13.2.7, the Board shall, upon written request of the
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offendin Owner, grant to the offending Owner a hearing as contemplated by the Act and �his �
Section �3.3. The hearing may be held before the $oard or a committee of three or re
disintere 'ed Owners appointed by the Board_ The offending Owner shall be given notice of the
nature of�the violation and the right to a hearing, and at least ten days within which to reque t a
heanng. The hearmg shall be scheduled by the Board/committee and held within thirty day of
receipt o the hearing request by the Baard/comsnittee, and with at leasi ten day"s prior v�ri en
notice to the offending Owner. If the ofiending Gwner faiis to request, or to appear at, he
hearing, en the right to a hearing shall be waived and the Board/cammittee may take s ch
action as t deems appropriate. Hearings shall be conducted in a fair and equitable manner. e
decision f the BoardJcommittee and the rules for the conduct of hearings established by e
Boardlco mittee, shall be final and binding on alt parties. The Baard's/committee's decis on
shall be d�elivered in writing#o the offending Owner within ten days following.the hearing, if ot I
delivered'Ito the offender at the hearing_ Any fines to be imposed.by the Association may, at�he �
Board's/Qommittee's discretion,be retroactive to the date of the violation or offense.
1 .4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expenses,
penalties�or interest imposed under this Section shall be a lien against the Unit of the Owner or
Occupant'against whom the sarne are imposed and the personal obligation of such Owner in he
same ma ner and with the same priority and effect as Assessments under Section 6. The 1 en
shall atta h as of the date of imposition of the remedy, but shal! not be final as to violations or
which a h aring is held until the Board makes a written decision at or following the hearing. 11
' remedies hall be cumulative, and the exercise of, or failure to exercise, any remedy sha31 not be
deemed a waiver of the Association's right to pursue any other remedy. �
13.5 Costs of Proceedin� and Attornevs' Fees_ With respect [o any collecti n
measures, or any measures or actian, legal, administrative, or otherwise, which the AssQciati�n
takes to enforce the provisions of the Act, the Governing Documents, or the Rules a d
Regulat�o s, whether or not finally determined by a court or arbitrator, the Association y
assess th Unit owned by the violator with any expenses incurred in connection with s h
enfarcem nt, including without limitation fines or charges previously imposed by e ,
Associati n, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on t e
delinquen�amounts owed to the Associafion•. Such expenses shall also include�ny collection or
contingen y fees or costs charged to the Association by a collection agency or other Pers n
acting an ehalf of the Association in collecting any delinquent amounts owed to the Associati n
by an O er or Occupant. Such collection or contingency fees or costs shall be the perso al
obligation of the Owner and shall be a lien against the Owner's Unit.
13'6 Liabilitv for Acts of Owners and Occupants. An Owner shall be liable for t�e
expense o�any maintenance, repair, or replacement of the Property rendered necessary by su�h
Owner's ts or omissions, and by that of Occupants or guests in the Owner's Unit, to the ext t
that such �xpense is not covered hy the proceeds of insurance carried by the Association or su h
Owner or,Occupant. However, any insurance deductible amount and/or increase in insuran e
rates, res Iting from the Owner's acts or omissions may be assessed against the Ow r
responsib�for the condition and against his or her Unit.
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13.7 Enforcement bv Owners. 7'he provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Regulations,and the Act, as provided therein.
13.$ Liti�atiori. Notwithstanding anything contained herein to the contrary, the
Association may not commence an.v judicial or administrative action on behaZf of the Owners
(ather than an action commenced to enforce the Governing �ocnmznts ar the Rules and
Rewlatioris, or to defend ihe Association); without f rst 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 praxy, at a meeting called for such purpose in accardance with ihe Bylaws, or hy
written ballot.
ISECTION 14
AMENDMEIYTS �
I
14.1 Avproval 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 vvhich are allocated at least sixty-seven percent of
the totai 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
t 4.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit
finance) as and if reqnired by Section l5. .
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shall be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for a!1 purposes, including without limitation;the recording of the amendment_
SECTION 15
RIGHTS OF ELIGIBLE M4RTGACEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other 1aws, Eligible Mortgagees shall have the foliowing rights and protections:
I5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section 15,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
MPLS-Word 95281.1 I 34
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provisior� governing the following: {i) voting rights; (ii) increases in an annual Assessmen of '
more th ' twenty-five percent over the prior year's annual Assessment; (iii)Assessment liens or
priority f Assessment liens; (iv) reductions in reserves for maintenance, repair and replace ent
of Com on Elements; (v) responsibility for maintenance and repairs; {vi) reallocation of
interests in the Common Elements or Limited Cammon Etements, or rights to their use; ( ii)
_ redefinitibn of any Unit boundaries; (viii) convertibility of Units into"Carnrnon Element� or ice
versa; {i�) expansion or contraction of the Properiy or the addition, annexation ar withdrawa of
property�o or fram the Property; (x) hazard or fidelity insurance requirements; (xi} impositio of
. material estrictions on the leasing of Units; (xii) imposition of any rest�ietions on an Own r's
right to s' 11 or transfer his or her Unit; (xiii) restoration or repair of the Property {after a haz rd
damage r partial condemnation) in a manner other than that specified in the Govern ng
Docume ts; (xiv) any action to terminate the legal status of the Condominium after substan ial
destructi n or condemnation occurs; or (xv) any provisions that expressly benefit Eligi le
Mort�ag�es,or insurers or guarantors of mortgages.
,
1 .2 Consent to Certain Actions_ Subject to Declarant's rights under Section, e
written c nsent of Eligible Mortgagees representing at least sixty-seven percent of the Units t at
are subje t to first mortgages held by Eligibie Mortgagees {hased upon one vote per it
financed} shall be required to (i) abandon or terminate the Condominium; (ii) change e
a3locatio s of voting rights,Common Expense obligations or interests in the Common Eleme ts;
(iii) parti ion or subdivide a Unit except as permitted by statute; (iv) abandon, partiti n,
subdivid encumber, or sell any Common E(ements; or {v) use hazard insurance proceeds or
other tha�the repair,replacement or reconstruction of the Property, except as otherwise provi ed
by]aw. �,
1 3 Consent to Subdivision. No Unit may be partitioned or'subdivided without 'he
prior writ en approvai of the Owner and Eligible Mortgagee thereof,and the Association, �
15.4 Na RiQht.of First Refusai. The right of an Owner to sell, transfer, or otherw se
convey hi or her Unit shall not be sub}ect to any right of first refusal or similar restrictions.
15 5 Prioritv of Lien. Any Person who comes into�ossession of a Unit by foreclos �re
of the fir t mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the fi st
martgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any ot er
charges o liens imposed against the Unit by the Association which have accrued against su h
Unit prio to the acquisiFion of possession of the Unit by said Person; (i) except as pravided in
, � Section b. and the Act and (ii) except that any unreimbursed Assessments or charges may s
reallocate among all Units in accordance with their interests in the Common Elements. '
15 6 Prioritv of Taxes and Other Char�es. All taxes, assessments and charges whi h
may beco e liens prior to the first mortgage under state law shall relate only to the individ 1
Units and ot to the Property as a whole. '
i 15 7 Priority for Condemnation Awards. No provision of the Governing Docume ts
shall give n Owner, or any other party, priority over any rights of the Eligible Mortgagee of t e
Unit purs ant to its mortgage in the case of a distribution to such Owner of insurance proceeds r
condemna ion awards for losses to or a taking of the Unit and/or the Common Elements. T e
MPLS-Word9 28f_I1 35
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Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent , '
domain proceeding affecting the Property prompcly upon receipt of notice from the condemning
authority.
IS_8 � Rec�uirements for Manasement Agreements. The term of any agreement for ,
. professional management of ihe Property shall not exceed two years. Any such agreement shall _
prcv:de for terminatian withaut per,a;ty cr te-minatian fee by either party as iollows: (i} witti
cause, upon a minimum of thirty, and a maxamum of foriy-five, days prior written notice, and,
(ii) without cause,uoon a minimum of sixty days prior written notice. .
15.9 Access to Books and Records/Audit. Eligible Mongagees, or an institutiona]
insurer or guarantor of a mortgage loan against a Llnit, shatl have the right to examine the books
and records of the Asso�ciation upon reasonable notice, during normal business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other I
financiat statements. Financial statements, including those which are audited, shal] be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Notice Requirements. Upon written request to the Association, iden[ifying 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�uarantor sha9l be eniitled to timely written notice of:
I5,10.1 a condemnation loss or any casaalty loss which affects a material portion
af the Propercy or the Unit securing the mortgage;
15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.Ifl_3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.10_.4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees. -
SECTION lb
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional auEhority to exercise the following
special Declarant rights within the meaning of Section SISB.I-103(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
16.1 Cornplete imnrovements. To complete each Building, Unit, and other
improvements indicated on the Piat, or otherwise irtclnded in Declarant's development plans or
MP[_$-Word 95281.I I 3b
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allowed�y this Dectaration, and to make improvements in the Units and Common Elemen to '
accomm date the exercise of any special declarant rights.
1�6.2 RiQhts to Relocate Boundaries. Subdivide, Convert, or Combine Units. T (i)
relocate Ithe boundaries of any Unit owned by it, or (ii} create additional Units, Co on
� Element , and Limited Common Elements, or any eombination thereof, by the subdivis on,
partition conversion, or cornbining of any Unit or Unifs owned by it, as authorized by the ct.
The max mum number of additionai Units that may be created within the Centiominium purs ant
to this S�ction 16.2 is 5.
i6.3 Sales Facilities. To construct, operate, and maintain one or more than one m del
Unit, an� other development, sales, and rental facilities within the Common Elements, nd
within a y Units owned or leased by Declarant from tirne to time, located anywhere on the .
Property;
1�.4 Si�ns. To erect and maintain signs and other sales displays offering the Units for
sale or le se,wrthin any Unit owned by Declarant and on the Cornmon Elements.
i .5 Easements. To have and use easements, for Declarant, Declarant's employ es,
contract , representatives, and agents and prospective purchasers, through and over�the
Commo Elements for the purpose of exercising its special declarant rights. �
1 b Control of Association: To control the operation and administration of he
Associat�n, including without limitation the power to appoint and remove the members of he
Board pu suant#o Section S 15B.3-103 of the Act, until the earliest of (i} voluntary surrende of
control b Declarant, {ii) an Association meeting which shall be held within sixty days a ter
conveya ce to Owners other than Declarant of seventy-five percent of the total number of U its
authorize to be included in the Property, or (iii) the date three years following the date of he
.f:rst con eyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, he
Owners ther than Declarant shall have the right to nominate and elect not less than thirty-t ee �
�
and one-t ird percent of the directors at a meeting of the Owners which shall be held within si ty I
days foil wing the conveyance by Declarant of fifty percent of the total number of U its
authorize to be,included in the Property. �
] .7 Consent to Certain Arnendments. Declarant's written consent shall be requi�ed
for any a endtnent to the Governing Documents or the Rules and Regulations which directly or
indirectly affects Declarant's rights under the Governing Documents or the Act. �
�
SECTION l7
MISCELLANEOUS
l 7.1 . Severabilitv. lf any term, covenant, ar provisian of this instrument or any exhi it
attached ereto is held to be invalid or unenforceable for any reason whatsoever, su h
determina ion shall not be deemed to alter, affect, or impair in any manner whatsoever any ot er
portion o this Declaration or exhibits attached hereto. �
17 2 Construction. Where applicable, the masculine gender of any word used her in
shall mea the feminine or neutral gender, or vice versa, and the singular of any word us d
herein sh 11 mean the plural, or vice versa. References to the Act, or any sections thereof, sh I1
MPL.S-Word9 28I.11 3�
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� be deemed to inctude any statutes amending or replacing the Act, and the cornparable sections '
thereof.
17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to.a demand by the Association against Declarant for indemnification pursuant to the
Act, the Associatian sha(1 promptly tender the defense of the actian to its insurance carrier, and
�ive Deciarant (i) written notice af such tender, (ii}-written natice of the specific nature of the
action,and(iii)an opportuniry to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Governing Documents or
the Act, all notices required to be given by or to the Associatian, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailin� if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations parsuant to Section 2.2 of the Bylaws shall be effective .
upon receipt by the Association.
]7.5 Conflicts Among 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 control
unless it permits the documents to control. As atnong this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants_ The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetuat, subject only to termination as
provided in this Declaration and the Act. . .
IN WiTNESS WI-IEREOF, the undersigned has executed this instrument the day a �
year first set forth above. �
O.C. D VEL
By
Its �e an er '-
STATE OF MINNESOTA )
) ss. •
COUNTY OF ol/�'L )
The foregoing instrument was acknowledged before rne t�:is�_�day of �� i
�'
2007, by Arnold A. Zachman, the Chief Manager af O.C. Development LLC, a Mmnesota
limited liabiiity 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 SC�TTLKf�YNSKI . .
(612) 373-8418 ���s�-���TA �.;.
t�rca��or+�s,v�a.a�,zmo '
MP1S-Word 95281.1 t 38
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COMMON INTEREST CONIMUNITY NO. 1578 �
Condominium
STONEBAY O�'ORONO CONDOMINIUM
- E�Cd?1$:T A;'�d?�CL"tiRATI('rN ' - -
UNDERLYING LEGAL �DESCRIPTION OF THE PROPERTY
ot l,Block l, Stonebay Second Addition, Hennepin County,Minnesota. ,
�
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MPLS-Word 9�281.11 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 � '
Condomenium
STONEBAY OF ORONO CONDOMINIUM
- EXHIBIT B TO DECE,ARATiflN
. SCHEDULE OF UNITS,AND ALLOCATION OF COMMON EXP�NSES.�l�i�
UNDIVIDED INTERESTS 1N THE C�MMON ELEMEN7'S
Allocation oi Common Expenses and
UnFt Identifier LJndivided [nterests in the Common Elements
�
10l 1/57
102 1/57
I03 1/57 �
104 1/57
1Q5 1/57
106 ]/57
107 1/57
108 . . 1/57
109 1/57
110 1)57
111 I/57
112 1J57
113 1/5'I
. 114 1/57
1 I S 1/57
116 1/57
117 � 1/57
118 1/57
201 1/57 i
202 1/57
203 1/57
?44 1/57
?05 • 1/57
?d6 1/57
207 1/57
208 1/57
209 1/57
2 i 0 1/57
211 1/57
212 I/57
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Allocation of Common Expeases and �
Uni Identifier Undivided Interests in the Common Elements �
213 1/57
214 � l/57
215 1/57
' 216 I/57
�17 ' 1/57 I
218 1/57 ' I
2l9 1/57 �
22p 1/57 �
� 30l 1/57
j 302 1/57
303 1/57
304 1/57 �
305 ]/57
30b 1/57 i
' 307 1/57
308 1/57
309 � 1/57
. 310 . 1/57
31 t 1/57 �
312 1/57 .
' 313 1/57
3t4 1/57
315 l/57
316 ' 1/57 i
317 � 1/57 �
318 1/57
319 1/57 �
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COMMON fNTERES"I'COMRIUNI'1'Y NO. NO. 1578
Cond��miniuni •
STONEBAY Or ORONQ CONUOn�l.l�ilUM . .
CONSEN`i'B�' M�.R"l'CAGEC ,
The undersigned (the "Mortgagee") is a mortgagec of portians oT�the real property �
described in the attached Declaration of Stonebay of Orano Condo��;ini�un (the "Declaration"),
Mortgagee hereby consents to ihis Declaration; provided, that by consenting to the Declaration,
(i) Mortgagee does.not in any manner constitute itseli�or obligate ilselfas a Decfarant as defi��ed
in the Declaration, (ii) such consent does not modify or amend d�e ten�3s and conditions of the �
Mortgagee's mortgage and related loa�i documenl.s, and (iii) such �nort�;age shall remain as a lien
on the property described lherein, prior to 1ny liens imposed under the Declaration,until released
or satisfied.
[l�,(WITNESS WH.ERE F, the Mortgagee has caused this Conseni to be executed on
tl�e (,��.-� day of s� , 2007. .
141A1NS7'REk,'I' }3fCNK
- ' B
E�'
. STATE OE MiNNESOTA ) �
- ) ss. .
COUNTY�OF�7�� )
�� The foregoing instrume�it was acknowleciged beFoi•e nie this .1 B� day of
ern(p�r,2007, bY •✓ �x�. , thc �,�,;sr Ui�P af
Mainstreet Bank,a Minnesota bank corporation,on bchalf of said entity. Pi+rr��Gszytc-
� '
='Notary Public .
THlS 1NSTRUMFNT WAS DRAFTED B�': �
Fredricic R. Krict2man, Esq. �
FELHABER, LA`RSON, FENLON &VOGT, P.��. SCOTTLKRYNSKI
220 South Sixth, Suite 2200 NOTARYPUBkJC-MINNE50TA
• NY COMMlSSION D(PIRES JAN.31,2410
Minneapolis, Minnesota 55402 ' .
(612)373-8413 •
, ;
M ri,s-wo.a vszx r.i F 42
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COMMON INTEREST COMMUNITY NO.N0. 1578 `"
� Condominium
' STONEBAY OF ORONO CONDQMINIUM '
CUNSENT BY MORTGAGEES
T�e undersigned (the "Mortgagees") are mortgagees of portions of the real prope y .
described in the attached Declaration of Stonebay of 4rono Condnminium (the "Declai-ation'}.
Mortgage�s hereby consent to this Declaration; provided, that by consenting to ttte Declaratio ,
(i) Mortg ees do not in any manner constitute themselves or�bligate themselves as Declara s
as define�in the Declazation, (ii) such consent does not modify or amend the terms d
conditions of the Mortgagees' mortgage and related loan documents, and (iii). such mortga e
shall re in as a lien on the property described therein, prior to any liens imposed under e
Declaratio ,until released or satisfied.
the�IN WITNESS WHEREO� the Mortgagee has caused this Consent to be executed o�n
day of I��-c�c.c_5 ,2007. �
� ���. ' •�
, Dave
�
Ra dy Koch
STATE O�'MINNESO'TA )
) ss.
COUNTY�F O�� �s- )
The fore�oing instrument was acknowledged before me this l7�'� day o
!9U �. ��' ,2007,by Dave Koch and Randy Koch.
� •••��, ROBEAiKBIlS3 , // �
NatarY Pu6Yc. ` Y �� Z o b-c. �' � �4,fr
� �0'0�8 Nota Public ,r, c o
W��e+�an 3�,2oto 1'Y y ,,,. ....�rr� ��
-«.�,��s /13i la,ci u
THIS INS UMENT WAS DRAFTED BY:
Fredrick R. Krietzman,Esq,
FELHABE , LARSQN, FENLON &VOGT, P.A.
220 South 'sxth, Suite 220Q
Minneapoli , Minnesota 55402
(b12)373-8 1$ ,
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