HomeMy WebLinkAboutCondominium Declaration �i: �� ��' �: :� i ' . �
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Doc No 9077550 12/20/2007 08:Q7 AM
Cer#ified filed and or recorded on above date:
' Office of#he County Recorder �
Hennepin County, Minnesota
Michaei H. Cunniff, County Recorder
TranslD 363307 Deput 26
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COMMON INTEREST C4MMUNITY NO. 1578
Condominium �
STONEBAY UF ORONO CONDOMINIUM
DECLARATION
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' is Declaration is made ir� the county of '� , state of Minnesota, on this
� ay of�L}'Iir�7�5� , 2007, by O.C. Development LC,a Minnesota(imited Iiab'lity
companty {the "DeclaranY'), pursuant to the provisions of Miniiesota Statutes Chapter 5 S$,
known s the Minnesota Common Interest Ownership Act (the "Act"), for the purpos of
creatin Stonebay of Orono Condominium as a condominium under the Act.
� HEREAS, Declarant is the owner of certain real�property located in Hennepin Co nty,
Minnes ta, legally described in Exhihit A attached hereto, and Declarant desires to submit aid
real pr perty and al] improvements thereon (collectively the "Property") to the Act a
condom6nium,and
I HEREAS, Declarant desires to establish� on the Property a plan for a perma ent
resident al community to be owned, occupied, and operated for the use, health, safety, and
welfare of the Owners and Occupants, and for the purpose of preserving the value, the struc ral
. quality, nd the original architectural character of the Property,and
HEREAS, the Property (i) is not subject to a master association as deftned in the ct;
(ii} is ot subject to an ordinance referred to in Section S i SB.I-I06 of the Aci, gove ing
convers ons to common interest ownership; and(iii)does not include any shoreland as define in
Minnes ta Statutes Section IQ3F.2�5.
HEREFORE, Declarant subjecis the Property to this Declaration under the n me
"Stoneb�ay of Orono Condominium," cansisting of the Units referred to in Section 2, decla ing
that thi Declaration shall constitute covenants to run with the Property, and that the Prop rty
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shall b owned, used,occupied, and conveyed subject to the covenants, restrictions, easem nts, �
charges and liens set forth herein, all of which shal! be binding upon all Persons own' g or
. acquiri g any right, title, or interest therein, and their heirs,personal representatives, succes ors,
and ass gns.
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SECTI4N I
� DEF1NITdONS
The fol owing words when used in the Governing Documents shall have the foilowing me ings
(unless he context indicates otherwise):
.1 "Act" means Minnesota Statutes Chapter 5•15B, known as the Minn sota
' Common Interest Ownership Act,as amended.
.2 "Assessments" means and refers to all assessments levied by the Associ tion
pursuant to Section 6 and pursuant to the Act,including,but not limited to,a nual
assessments,special assessments,and limited assessments.
.3 "Association" means the Stonebay of Orano Condominium Associatio , a
nonprofit corporation which has been created pursuant to Minnesota Sta tes
. Chapter 317A and Section Si5B.3-101 of the Act, whose members consist f all
4wners.
� .4 "Board" rneans the Board of Directors of the Association as provided for.i the
Bylaws.
.5 "Buiidin�e" means each structure which is or becomes a part of the Property and
which contains at leas#orre Unit.
.6 "Bvlaws" means the Bylaws governing the operation of the Associatio , as
amended from tirne to time.
� .7 "Clty"means the city of Orono, Minnesota.
.8 "Common Elements" means all parts of the Property except the Units, inclu ing
all improvements thereon.
.9 "Common Exnenses" means ail expenditures made or liabilities incurred by r on
behalf of the Association and incident to its operation, including Assessments and
itemsotherwise identified as Cornmon Expenses in the Governing Docnment .
.10 "Condominium" means the condominium created by this Declaration and kn wn
as Stonebay of Orano Condominium.
.I 1 "Declarant Control Period" means.the time period during which Declarant ha the
exclusive right to appoint the members of the Baard,as described in Section [ .
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f.12 "Eli�ible Mort�aQee" means any Person which owns a first mortgage on a Unit ' :
and which has requested in writing that the Assoeiation notify it regardin any
proposed action which requires approvaI by a specified percentage of Eli ibie
� Mortgagees.
. 1.13 "Governin� Documents" means this Declaration, the Bylaws, and the Articl s of -
lncorporation of the Association, as those documents may be amended from tirne -
to time, all of which shall govern the use and operation of the Praperty.
1.14 "Limited Common Elements"means a portion ofthe Common Elements allo ated '
; by this Declaration or by operation of Section S15B2-102(d) or(� of the A t for
' the exclusive use of ane or more but fewer than al] of the Units.
'I.1S "Member"means a Person who is a member of the Association by virtue of eing �
an Owner as defined in this Declaration. The words"Owner"and"Member"rr3ay
� be used interchangeably in the Governing Documents.
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1_16 "Occunant" means a Person,other than an Owner,in possession of,or residi g in,
a Unit. .
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for eed
vendors,a moRgagee, a holder of a remainder interest or a reversionary inter st in
a life estate, and any other secured parties within the meaning of the Act. The
�. term "Owner" inciudes, without limitation, a contract for deed vendee, d a
holder of a life estate.
I.18 "Person" means a natural individuat, a corporation, a limited liability compa y, a
partnership, a trustee, or other legal entity capable of holding title to real pro rty.
I1.19 "Plat" means one or more than one recorded plat depicting the Property pur uant
to the requirements of Section S15B.2-110(c) of the Act, and satisfyin the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as appli able,
including any amended or supptemental Plat recorded from time to ti e in
accordance with the Act.
1.20 "Propertv" means aIl of the real property subjected to this Declaration, now r in
the future, including all structures and improvements located thereon. The
Property is legally described in Exhi.bit A attached hereta
1.21 "Rules and Re�u3ations" means the Rules and Regulations of the Associati n as
approved from time to time pursuant to Sectian 5.5. �
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1.22 "Unit" means a part of the Property within a Building other than the Co on
Elements, including one or more than one room or enclosed space designe and
intended for separate ownership and use,al[ as described in Section 2 and s own
on the Ptat.
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The te s used in the Governing Documents, and defined in the Act and not in this Section, hall �
have th meaning set forth in the Act. References to section numbers in this Declaration hall
refer to ections of this Declaration,unless otherwise indicated,
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SECTION 2 �
ESCRIPTION OF UNITS,�OUNDARIES,AND RELATED EASEMENTS
.I Units. There are fifty-seven Units, subject to the right of Declarant to subdi ide
and con ert Units pursuant to Section 16. A1S Units are restricted exclusively to residential use.
Each U it constitutes a separate parcel af real estate. No portion of a Unit shall he transferr d or
I otherwiSe conveyed apart from any other portions of a Unit. Subject to Declarant's r hts
pursuant to Section l6, no additional Units may be created by the subdivision or conversi n of
Units p rsuant to Section S15B.2-112 of the Act. The Unit identifiers and locations of the nits
are as s own on the Plat, which is incorporated herei❑ by reference. A schedule of the Un s is
set fo in Exhibit B attached hereta
.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfini hed
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling tex re,
� tiles, fl r coverings, and other finishing materials adhered to the interior.of the Unit bound ries
shall be a part.of the Unit; provided, that any ]oad bearing portions of any interior or peri eter
. walls, c lumns, ceilings, or floors, and any common utiIity]ines, pipes, ductwork, mecha 'cal,
electric 1, or plumbing systems, or other common facilities serving more than one Unit, but .
Iocated n or passing through a Unit, shatl be Common Elernents. The bonndaries of each nit � �
shall als extend alon�the inside unfinished surfaces of the Unit's perimeter doors and wind ws,
and the'r frames, and said perimeter doors, windows, and frames, and their hardware, sha 1 be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, interior partitions, and other fixtures and improvements within the
bounda 'es of a Unit are a part of the Unit.
.3 Appurtenant Ea_sements. The Units and the Common Elements shall be subje t to
- and ben�fited by the easements described in Section l2. �
SECTION 3 I
COMMON ELEMENTS,LIM[TED COMMON ELEMENTS,
AND OTNER PR�PERTY
.l Common Elements. The Common Elements, and their characteristics ar as
. follows:
3.i.1 AlI of the Property not inc(uded within the Units constitutes Com on
iements. The Common Elements include those parts of the Property designate as
ommon Elements in this Declaration,on the Plat,or in the Act; ,
3.1.2 The Common Elernents shall be subject to (i) certain easements and
strictions as described in this Declaration and any other easements recorded agains the
ommon Elements; (ii) the rights of Owners and Occupants in Limited Com on
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�lements appurtenant to their respective Units; and {iii) the right af the Associati n to .
�stablish reasonable Rules and Regulations governing the vse of the Property; �
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i 3.1.3 Except as otherwise expressly provided in the Governing Document , (i)
�o improvement, modification, construction, or change of the Common Elements half
�ake place by an Owner or Occupant without prior written authorization by the Boar and .
Cii)all maintenance,repair,replacement, improvement, management, antl operation f the
Common Elements shal!be the respansibility of the Association;and
3.t.4 Common Expenses for the maintenance, repair, replace ent,
management, and operation of the Common Elerrients shall be assessed and coll cted
�rom the Owners in accordance with Section 6.
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�.2 Limited Common Elements. The Limited Common Elements are those pa s of !
the Co�mon Elements reserved far the exclusive use of the Owners and Occvpants of the nits
to whic� they are allocated, as described in this Declaration and the Act. The rights to th use
and en�oyment of the Limited Common Elements are automatically conveyed with the •
convey�nce of such Units. The Limited Common Elements are described and allocated t the
Units aS follows:
�� 3.2.I Those items or areas designated as Limited Common Elements on th Plat
ior by the Act are allocated as indicated therein.
; 3_2.2 Improvements, if any, such as decks, patios, porches, balconies, shu ers,
�awnings, perimeter windows and doors, window screens, window boxes, sleeves and
fittings surrounding window air conditioning units, chimneys, driveways, w lks,
� doorsteps and stoops, constructed as part of the original construction to serve a s ngle
Unit or Units, and replacements and modifications thereof authorized pursuant to Se tion
�7.10, located whoily or partially outside the Unit boundaries, are allocated exclusively ta �
�the Unit or Units which they serve.
3_2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other u ility
'installations, bearing walls, bearing columns, or any other components or fixtures y'tng '
partially within and partially outside the boundaries of a Unit, and serving only that nit,
. ;are allocated to the Unit which they serve. Any portion of such insta]lations serv' g or
affecting the function of more than one Unit or any portion of the Common Element is a
�part of the Common Elements,but is not a Limited Common Eiement. ,
'' 3.2.4 Heating, ventilating, or air conditioning equipment serving one or ore
Ithan one Unit, and located whally or partially outside the boundaries of one or more than
�one Unit, are Limited Common Elements allocated to each Unit served by uch
equipment.
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; SECTION 4 '
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
embership in the Association, and the allocation to each Unit of a portion of the otes
in the ssociation, a.portion of the Common Expenses, and a portion of the undivided int rests
in tne ommon Eiements,shail be gaverned by the following proyisions:
� .1 Membership. Each Owner sha(1 be a Member solely by reason of owning a nit,
and the membership shall be transferred with the conveyance of the Owner's interest in the nit.
An Ow er's membership shall terminate when the Owner's ownership terminates. �hen ore
than on Person is an Owner of a Unit,a]! s�ch Persons shall be members of the Associatio ,but '
multipi ownership of a Unit shall not increase the voting rights allocated to�such Uni nor ;
authori e the division of the voting rights.
.2 Allocation of Votin Ri hts Common Ex enses and Undivided Inte ests. ;
Comm n Bxpense obligations and undivided interests in the Common Elements are all ated ;
equall among the Units, subject to the Association's right to levy limited Assessments nder i
Sectio s 6.4. Each Unit shall have one vote with respect to matters in which the Owne are
entitle to vote.
. 43 Appurtenant RiQhts and Obli�ations. The ownership of a Unit shall inclu e the
voting rights and Common Expense obligations described in Section 4.2. Said right and
, obligat ons, and the title to the Units, shall not be�separated or conveyed separately, an any
conve nce, encumbrance, judicial sale or other transfer of any allocated in#erest in a Unit,
separa from the titie to the Unit shall be void. The allocation of the rights and oblig tions
descri ed in this Section may not be changed, except in accordance with the Gov ing
Docu ents and the Act. .
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4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as roxy I
on beh ]f of the Owner,and who need not be an Owner, may cast the vate allocated to suc Unit
at mee ings of the Association. However, if there_are multiple Owners of a Unit,only the wner
or oth r 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.
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SECTION 5 '
ADMINISTRATION '
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,The administration and operation of the Association and the Property, including,b t not
limite to, the acts required of the Association, shall be governed by the folfowing provisio s:
S.l General. The operation and administration of the Association and the Pr perty
shaii e govemed by the Goveming Documents, the Rules and Regulations, and the Act The
Assoc ation shall, subject to the rights of the Owners set forth in the Governing Docarnen s and
the A t, be responsible for the operation, management, and control of the Property. The
Assoc ation shall have all powers described in the Governing Documents,the Act and the tatute
- under hich the Association is incorporated. All power and authority of the Association s all be
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� vested i the Board, unless action or approval by the individual Owners is specifically requ red �
by the oveming Documents or the Act. All references to the Association sha(] mean the
Associa ion acting through the Board,unless specificatly stated to the contrary.
.2 Oqerational Purposes_ The Association shall operate and manage the Prope for
the pu ses of(i) administering and enforcing the covenants, restrictions, easements, char es,
and lien 'set forth in the Governing Documents and the Rules and Regulations, (ii)maintain ng,
repairin , and replacing those portions of the Property and other property for w�ich ' is
responsi le, and(iii) preserving the value, and ihe architecturaI uniformity and character, o the
� Propert _
�.3 Bindin� Effect of Actions. All agreements and determinations made by the
Associa ion in accordance with the powers and voting rights established by the Gove ing
Docurn nts or the Act shall be binding upon all Owners and Occupants,and their lessees, gu su,
heirs, p rsonal representatives, successors, and assigns, and all secured parties as defined i the
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Act.
.4 Bvlaws_ The Association sha11 have Bylaws. The Bylaws shall govern the
operatian and administration of the Association, and shail be binding on all Owners and
Occupa ts.
.5 Mana�emeni. The Board tnay delegate to a manager or managing agent the
manage ent duties imposed upon the Association's offcers and directors by the Gove ing
Docum nts and the�4ct. I-Iowever,such delegation shall not relieve the officers and directo s of
the ulti ate responsibility for the performance of their duties as prescribed by the Gove ing
Docum¢nts and by law.
.6 Rules and Regulations. The Board shall have exclusive authority to approve and
implem nt such reasonable Rules and Regulations as it deems necessary from time to tim for
the pu ose of operating and administering the affairs of the Association and regulating th use
of the roperty; provided, that the Rules and Regulations shall not be inconsistent wi the
Govern ng Documents or the Act_ The inclusion in other paRs of the Governing Documen of
authori y to approve Rules and Regulations shall be deemed to be in furtherance, and n t in
]imitati n,of the authority granted by this Section. New or amended Rules and Regulations hall
be effe tive only after reasonable notice thereof has been given to the Owners.
.7 Association Assets: Surplus Funds_ All funds and real or personal pro I erty
acquire by the Association shatl be held and used for the benefit of the Owners for the pu ses
� stated i the Goveming Documents. Surplus funds remaining after paymeni of or provisio for
Comm n Expenses and reserves shall be credited against future Assessments or adde to
reserve , as determined by the Board.
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5.8 Resale Disclosure Certificates. Pursuant to Section S 15B.4-107 of the Act,i the
event f a resale of a Unit by an Owner other than Declarant, that Owner shall furnish t the
purch er a resale disclosure certif cate containing the information required by Section 51 B.4-
107(b}jof the Act. Pursuant to Section S 15B.4-107(d) of the Act, the Association st�all, w thin
ten da s (or within such other relevant timeframe set forth in the Act) after a request b an
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Owner pr the Owner's authorized representative, furnish the resale disclosure certificate. The .
Associajtion may charge a reasonable fee for furnishing the resale disctosure certificate an any
documepts related thereto.
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SECTION 6
' � ASSESSMENTS -
�.1 General. Assessments shall be determined and assessed against the Units b the •
Board,�n its discretion, subject to the requirements and procedures set forth in this S�ction and .
the Byl�ws. Assessments shall include annual Assessments under Section 6.2, and may in lude
special i4ssessments under Section b.3 and limited Assessments under Section 6.4. Annua and
special �Assessments shall be allocated among the Units in accordance with the alloc tion
formula� set forth in Section 4.2. Limited Assessments under Section b.4 shall be allocat d to i
Units a�set forth in that Section.
G.2 Annual Assessments. Annual Assessments shall be established and levied b the
Board, �ubject to the limitations set forth hereafter. Each annual Assessment shall cover ll of
the anti�ipated Common Expenses of the Association for that year which are to be shared eq ally
by all C�nits in accordance with the alfocation set forth in Section 42_ Annual Assessments hall
be pay�ble in equal monthSy or quarterly installments, as determined by the Board. A nual
Assess enLs shall provide, among other things, for an adequate reserve fund for the replace ent
of thos parts of the Common Elements and those parts of the Units for which the Associati n is
respons�ble, except to the extent that the replacement is funded by limited Assessments pu uant
to Sect on 6.4. Until the first annual Assessment is levied, Declarant shal! pay all Co mon
Expens�s.
I63 Special Assessments. In addition to annual Assessments, and subject t the •
limitatipns set forth hereafter, the Board may levy in any Assessment year a special Assess ent
against Iall Units in accordance with the allocation set forth in Section 4.2. Among other th'ngs,
special�Assessments shall be used for the purpose af defraying in whole or in part (i) the c st of
any u foreseen and unbudgeted Common Expense, {ii) general or specific reserve for
maintec�ance,repair, or replacement of any part of the Property,and (iii) the maintenance, r pair, , i
or repl�cement of any part of the Property,and any fixtures or other progerty related thereto.
j6.4 Limited Assessments. In addition to annual Assessments and s cial
Assess�ents,the Board has the authority to(and, in certain instances set forth in this Sectio 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance wit the
followi�g requirements and procedures:
� 6.4.i Any Common Expense associated with the main2enance, repai , or
�placement of a Limited Common Element shall be assessed exclusivety against each
nit or Units to which that Limited Common Element is assigned, equally or by th cost
er Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, t the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessments and special Assessments,the Boarc�has •
t e authority to (and, in certain instances set forth in this Section 6.4, shatl) ]evy and
' llocate timited Assessments among only certain Units in accordance with the follo ing
quirements and procedures.
. 6.4.4 The costs of insurance may be assessed in proportion of tJ�e square fo age
� r actual cost per Unit. -
ib.4.5 Reasonable attomeys' fees and other costs incurred by the Assaciati n in
� ¢onnection with (i) the collection of Assessments and (ii) the enforcem�nt o the
� t�'uoverning Documents, the Act, or the Rules and Regulations, against an Own r or
4ccupant or their tenants or guests, may be assessed against the Owner's Unit.
5.4.6 Late charges, .fines, and interest may be assessed as provide in
ection 14.
6.4.7 Assessments levied under Section S 15B.3-116(a} of the Act to p y a
udgment against the Association may be levied only against the Units existing a the
ime the judgment was entered,in proportion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused b� the
. ct or omission of any Owner or Occupant, or their guests•or invitees, the Associ tion
� ay assess the costs of repairing the damage, or any increase in insurance rates dir ctiy
ttributable to the Act or omission,exclusively against the Owc�er's Unit to the exten that .
- e damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose autho 'zed
y the Act, Assessments and any installment thereof not yet due shall be recalculat d in
� ccordance with the reallocated Common Expense liabilities
Assessr�ents levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretio , be
assessed as a part of,or in addition to,other Assessments levied under Se�tion 6.1 or 6.2: '
� 6.5 Workin�Capital Fund. There shall be established a working capital fund to eet • �
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unfores en expenditures or to purchase additionat equipment or services for the Associ tion. �
The B ard may include in each subsec}uent annual budget a reasonable amount of wo king
capital,hased upon the anticipated needs of the Association for the year in qnestion. There shall
be cont ibuted by the purchaser of a Unit, on a one-time basis upon the initiai sale of each Unit
by Dec arant, an amount equal to four monthly instailments of the estimated annual Assess ent
far the nit in the year of the sale. The contribution shall be paid at the earlier of(i)the ti e of
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Period. The
contrib tions to this fund are in addition to che regular installments of annual Assessments and
shal! n t be a credit to the regular installments of annual Assessments levied agains the
respect ve Unit. The funds shafl be deposited into a s�gregated Association account no late than
the te ination of the Declarant Control Period. Funds deposited in said account shall n t be
used t defray any of Declarant's expenses, reserve contributions or construction costs, r to
make any budget deficits during the Declarant Cantrol Period. However, upan the closi g of
the init al sale of a Unit, Declarant may reirrtburse itself from funds collected from the purc aser
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at the c osing for any prior contributions made by Declarant to tlze working capita! fund ith -
respect o that Unit.
.6 Liabilitv of Owners for Assessments. Subject to Section 6.7, the obligation c�f an
Owner o pay Assessments shall commence at the later of (i) the time at which the O�ner
acquire title to the Unit or(ii) the due date of the first Assessment levied against the Unit b the
Board. The Qwner at the time an Assessment is payable with respect to the Unit sha 1 be
persona ly liable for the share of the Common Expenses assessed against such Unit. uch
liability shall be joint and severa! where there are multiple Owners of the Unit. The liabili is
absolut and unconditional. No Owner is exempt from liabiiity for payrneni of Assessmen s by.
righi o set-off, by waiver of use or enjoyment of any part of the Property, hy absence fro or
abando ment of the Unit, by the waiver of any other rights, or by reason of any claim ag inst �
Declara t, the Association, or the Association's officers, directors, or agents, or for their fa]ure
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to fulfil any duties under the Governing Documents or the Act. '
_7 Declarant's Alternative Assessment Pro r� am. The following altem tive
Assess ent 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 Documea , if
n Assessment has been Jevied, Declarant may eiect to have any unsold Unit owned y it
ssessed at the rate of twenty-five percent of the Assessments (exclusive of replace ent
eserves) levied on that Unit and other Units of the same type until a final certifica e of
ccupancy or camparable City approval has bee� issued with respect to such Unit b the
,�y,
b.7.2 The provisions of Section 6.7,1 shall not affect the share of replace I ent
eserves for Units owned by Declarant, which reserves must be funded by Declara t as
equired by Section S15B.3-1!5 of the Act. However, there are no assurances that .
eclarant's reduced Assessment obligations will not affect the level of services for ther
tems set forth in the Association's budget.
I 6.7.3 Declarant's reduced assessment obligation shal) apply to each Unit o ned
�y Declarant at the time that any Assessment is levied against the Unit, and hall
terminate with respect to each such Unit upon the issaance of a final certificat of
�ccupancy or comparable City approval for the Unit.
6.7.4 Notwithstandin the fore a�n Deciarant shall be obli ated to w thin
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ixty days following the tennination of the Declarant Control Period, to make up any
perating deficit incurred by the Association during the Declarant Control Period.
.8 Assessment Lien. The Association has a lien on a Unit for any Assessment 1 ied
against that Unit from the time the Assessment becornes due. If an Assessment is payab e in
install ents, the full amount of the Assessment is a lien from the time the first install ent
thereof becomes due. Fees, charges, late charges, 6nes, and interest charges imposed b the
Associ tion pursuant to Section SISB.3-102(a){10), (] I), and (12} of the Act are liens, an are
enforce ble as Assesscnents, under this Section 6. Recording of this Declaration consti tes
record otice and perfection of any lien vnder this Section 6, and no further recordation o any
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notice o�or claim for the lien is required. The release of the lien shall not release the O ner .
from per,sonai liability unless agreed to in writing by the Association.
�.9 Foreclosure of Lien: Remedies. A lien for Assessments may be forecl sed
against�Unit under the taws of the state of Minnesota(i)by action,or(ii) by advertisement in a .
like ma er as a mortgage containing a power of sale. The Association, or its autho 'zed
represen�ative, shal! have the pawer to bid in at the foreclosure sale and #o acquire, hold, 1 ase,
mortgag�, and convey any Unit so acquired. The Owner and any other Person claimin an
interest �n the Unit, by the acceptance or assertion of any inte:est in the Unit, grants t the
Associabion a power o,f saIe and full authority to accompl.ish the foreciosure. The Associ tion
� shall, in�addition to its other remedies, have the right to pursve any other remedy at law r in
equity a,�ainst the Owner who fails to pay any Assessment.or charge against the Unit.
.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens and `
encumb ances on a Unit except(i) liens and encumbrances recorded before this Declaration {ii)
any firs mortgage on the Unit, and (iii} liens for real estate taxes and other governm ntal �
Assess ents or charges against the Unit. Notwithstanding the foregoing, if(i) a first mort age
on a U �t is foreclosed, {ii) the first mortgage was recorded on or after the date of recordi g of
, this Dedlaration,and (iii) the Owner of the Unit does not redeem from the foreclosure durin the
� Owner'S period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, hen
! the holdler of the sheriff's certificate of sale from the foreclosure of the first mortgage shafl take �
title to the Unit subject fo a lien in favor of the Assaciation for unpaid Assessmen or
instaliments thereof levied pursnant to Sections SISB.3-115(a), {e)(1) to (3), (fl, and (i) o the
Act wfiijch became due, without acceleratior►, ducing the six months immediately precedin the
first da following the end of the Owner's period of redemption.
.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
other cl�arges and fees which would normally be tevied against the Common Element by
governr�enca! autt►orities, shall be allocated equaily among and levied against the Units, and
shall bei a lien against each Unit in the same manner as a lien for real estate taxes and real e tate
special�ssessments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary convey nce
of a Un�t the buyer shall not be personally liable for any unpaid Assessments and other ch rges �
made b�the Association against the seller or the seller's Unit prior to the time of conveyan e to
� the buy�r, unless expressly assumed by the buyer. However,the lien of such Assessments hall
remain_�gainst the Unit until released. Any seller or buyer shall be entitled to a stateme t, in
recorda le form, from the Association setting forth the amonnt of the unpaid Assess ents
against �the Unit, including all Assessments payable in the Association's current fiscal ear,
which s�tatement shall be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
;411 Owners and Occupants, and all secured parties, by their acceptance or assertion f an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in additi n to
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any oth r restrictions which may be imposed by the Act or the Goveming Documents the '
occupa cy, use, aperation, alienation, and conveyance of the Property shall be subject t the
followi g restrictions and conditions
.1 General. The Property shatl be owned, conveyed, encumbered, leased, used and
. occupi� subject to the Governing Documents and.the Act, as amende� from time to time. Ail
- covena ts, restrictions, and obligations set forth in the Goveming Documents are in furthe nce
of a pl n for the Property, and shatl run with the Property and be a burden and benefit ail
Owner and Occupants and to any other Person acquiring or owning an interest in the Pro erty,
� their he rs,personal representatives,successors, and assigns.
.2 Subdivision or Conversion Prohibited. Except for Units subdivided or conv rted
by Dec arant pursuant to Section 16.2, a Unit may not be subdivided or converted by the O ner
of the nit into two or more Units, Limited Common Elements, Common Elements, o any
combin tion thereof Except as permitted by the Act, no part of the Common Elements m y be
subdivi ed, partitioned, or converted without the prior written approval of ali Owners a d all
secure parties holding first mortgages on the Units.
73 Residential Use. The Units shall be used by Owners and Occupants and their
guests xclusively as private, single family residential dwellings, and not for transient, oteE,
coznme cial, business,or other non-residential purposes, except as provided in Section 7.4. Any
lease o a Unit (except for occupancy by guests with the consent of the Owner, and exce t for
leasing of Units owed by Declarant) for a period of less than twelve months or any occu ancy
which �ncludes services customarily furnished to hote[ guests, shall be presumed to b for
transie't purposes. .
7.4 Business Use Restricted. No business, trade, occupation, or profession o any
kind, hether carried on for profit or otherwise, shall be conducted, maintained, or permit ed in
any U it or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a ome
occupation in such Unit; provided, that such use (i) is incidental to the residential us ;(ii) j
does not involve physical alteration or improvement of the Unit visibie from the e erior
of the Unit; (iii) is in compliance with all governmental laws, ordinances and I
regulations; (iv) does not involve observable business activiry such as signs, adve ising
displays, unusual numbers of deliveries, or unusual levels of pedestrian or, veh cular
i traffic to and from the Unit; (v) does not involve employees, independent contract rs, or
cansultants (other than the Owner or Dccupant of the Unit); and (vi) does not oth ise
involve activity which disturbs the quiet enjoyment of the Property by other Own rs or .
Occupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other bu iness
facilities �n the Property in connection with the exercise of its special Declarant rig ts.
7.43 The Association may maintain offices on the Property for manag ment
and related purposes. �
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.5 Leasin . Leasing of Units shall be aliowed (subject to reasonabte regulatio by �
ihe As ociation) but only in accordance with the following conditions: (i) no Unit ma be
subleas d, (ii) a Unit must be Ieased in its entirety (not by room), (iii) the lease shall e in
writing (iv)unIess otherwise required in connection with the financing,guarantee,or insuri g of
a Unit ortgage, and except for leasing of Units owned by Declarant, no lease shall be or a
perio� ess than twetve m�nths, except for extenuaring situatiors, (v) the lease shall provid that _
it is su ject to the Governing Documents, the Rules and Regulations, and the Act, and tl�a any
failure f the lessee to comply with the terms of such documents shall be a default und the
lease, nd (vi) prior to occupancy of the, Unit by the lessee(s), the Association shall rece ve a
copy o the fully-signed lease along with a written list of the name and telephone number o each
Person who will occupy the Unit under the lease,and the absentee address of the leasing 0 ner.
The A saciation may impose such reasonable Rules and Regulations as may be necessa to '
imple ent procedures for the leasing of Units, consistent with this Section and applicabl law,
includi g but not limited to{i}a requirernent for a forrn addendum to be attached to each le e to
assure hat the rights and authority of the Association and Owners and Occupants are reco ized,
and (ii a requirement for the screening of lessees through a reputable, professional scre ning
organi ation; provided,that such screening shall not violate federal, state, or local discrimi ation
laws.
'7.6_ DeleQation of Use. An Owner's right of use and enjoyment of the Unit sh !1 be
autom tically delegated to other persons living in the Unit pursuant to a legal right of posse sion;
provid d, that such persons shall be subject to the Governing Documents and the Rule and
Regul tions. Unless otherwise authorized in writing by the Board, if persons other th the
Owne or the Owner's family (e.g., lessees) have been given the legal right to posse s the
Owne 's Unit, then those persons shall have the right to use any recreational facilities, p king, .
storag , and other amenities available by reason of.occupancy of the Unit in lieu of the wner
and th Owner's family.
' 7.7 Parkin . There are ninety-five Common Element vehicle garage statls �
{colle tively the "Stalls," and individualty a "Stall") in the iower 1eve1 of the Building. The
Stalls nd other parking spaces on the Property shall be used only for parking of vehicles wned
or lea$ed by Owners and Occupants, and such other incidental uses as may be authori ed in
writin by the Association. A Stall shall not be converted to other uses or used for stor ge or
other urposes which would prevent the parking of a mid-size automobile in the Stall, exc pt as
autho 'zed in writing by the Association. The use of the Stalls, other parking space , and �
drive ays on the Property, and the types of vehicles and personal property permitted th reon,
shall e subject to regulation by the Association, including, but not limited to, the right f the
Assoc'ation to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned ta various Units; and the operati and
transf r of the Stalls shall be administered, in accordance with this Section 7.8. The foll wing
condi ions and restrictions shall govern the assignment, use,and transfer of the Stalls. ,
7.8.t The initial assignment of a Stall to a Unit shall be made by the Ass iation
as directed by Declarant at the time flf the first conveyance of the Unit by Dec arant.
I Upon the closing of the initial sale of a Unit, the Association shall, as direc ed by
Declarant,assign to the Unit the exclusive right and license to use at least one Stall Each
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$tall assigned by the Association shall be deemed to be licensed and assigned b the •
A�ssociation to the Unit to which it is assigned. After all Units owned by Declarant ave �
l�een conveyed, any unassigned Stalls shall be deemed to be assigned to the Associa ion,
nd may be reserved for guests of Owners and Occupants, for handicapped parkin , or
r rentai or assignment by the Association to Owners or Occupants, as determined h the
oard. The Association may,after DecIarant no langer owns any Unit, rent or.athe ise
�ssign any unassigned Stalls to Owners or Occupants. - .
7.8.2 The use rights with respect to each Stall shall be deemed to be lice sed
�xclusively to the Owner of the Unit to which the Stall is assigned. The Association hall
maintain records identifying the Stalls, the Units to which they are assigned,the nam s o#'
" the Owners of the Units, and the dates af assignment and any reassignrnents. A w tten
�ertificate of garage stall assignment{the"Garage Cenificate")sha]! be signed and ted �
qn behalf of the Association and made available for delivery on the date the O ner
�cquires title to the Unit to which the Stall is assigned. The Association shall not.
nilateral3y reassign any Stall assigned to a Unit, except for handicapped tall
�ssignments which may be unilaterally transferred by the Association to accomm date
T�egally handicapped persons.
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7.8.3 A Stall shall remain with the Unit to which is it assigned until the lic nse
i� transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a ta]l
Ihcense may be transferred to another Unit, but only by first delivering to the Associ tion
�i} a written transfer certificate, i-n a form approved by the Association, signed b the
ansferor and the transferee, and (ii) all prior Garage Certificates and copies th reof �
, ' sued with respect to the Statl. The Association shall review the proposed tra sfer
. ertificate for compliance with this Section 7 and, if the transfer complies, the
�Association shall transfer the license on its records to the Unit owned by the trans red
and issue a new Garage Certificate to the transferee. The license to use the Stall hall
�emain with the Owner and the Unit to which it is assigned until the license is trans eree
in accordance with this Section 7.8. In the absence of a properly executed assignme t to
tihe contrary, the ]icense to use a Stall assigned to a Unit at the time of the U it's �
¢onveyance shaiI be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her nit �
�nly to or by other Owners and Occupants. The lease or other use right shall e in
� �6vritten form, and shall terminate when the lessor, lessee, or other user is no long r an .
�wner or Occupant, regardless of the terms of any agreement to the contrary. The
Qwner shall give the Association advance written notice of any lease or use agree ent
�vith respect to the Stall assigned to that Owner's Unit,and shall promptly provide a opy
�f the lease or use agreement to the Association. T11e Association may hold,reassig the
�icense for, or rent, a Stall assigned to it in the same manner as an Owner, except fo the
� $ta!!s reserved for use by Owners.
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7_8.5 The interest of a secured party holding a first lien or other security int rest
�n a Unit shall include the license to any Stall which is assigned to the Unit, and said
��ghts shall be included within ihe secured party's interest acquired in the event f a
oreciosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported trans r of
any interest in a Stali in violation of this Section 7.8 shall be void:
7.8.7 The use of ihe Stalis, and the size and types of cars and other moto 'zed
vehicles which may be kept in a Stall, are subject to Rules and Regutations as app ved
from time to time by the Board. •
, .9 Stora�e Spaces. There are ninety Common Element storage spaces located i the
lower �evel of the Building (collectively the "Storage Spaces," and individually a "St rage
Space" . 7he assignment of the Storage Spaces, and the operation and transfer of the St rage
Spaces shall be administered in accordance with this Section 7.9. The following condition and
restrict�ons shall govern the assignment,use,and transfer of the Storage Spaces.
7.9.1 The initial assignment of a Storage Space to a Unit shall be made b the
ssociation as directed by Deciarant at the time of the first conveyance of the U it by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shail, as dir cted
by Declarant, assign to ihe Unit the exclusive right and license to use at least one St rage
Space. Each Storage Space assigned by the Association shall he deemed to be lic nsed
and assigned by the Association to the Unit to which it is assigned. After all Units o ned
by Declarant have been conveyed, any unassigned Storage Spaces shall be deemed o be
�assigned to the Association. The Association may, after Declarant no longer own any
Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupan .
7.9.2 The use rights with respect to each Sterage Space shall be deemed o be �
licensed exclusively to the Owner of the Unit to which the Storage Space is assi ed.
e Association shall maintain records identifying the Storage Spaces, the Units to hich
they are assigned, the names of the Owners of the Units,and the dates of assignmen and
,any reassignments. A written certificate of Storage Space assignment (the "St rage
Certificate") shall be signed and dated on behalf of the Association and made ava lable
for delivery on the date the Owner acquires title to the Unit to which the Storage Sp ce is
assigned; provided, that the Owner has been assigned a Storage Space. The Associ tion i
shall not unilaterally reassign any Storage Space assigned to a Unit.
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7.9.3 A Storage Space license shall remain with the Unit to which it is ass' ned
until the license is transferred in accordance with this Section 7_93. .Subject to Se tion
7.9.2, a Storage Space may be transferred to anather Unit, but only by first deliveri g to
the Association (i) a written transfer certi�cate, in a form approved by the Associ tion,
signed by the transferor and transferee, and (ii) all prior Storage Certificates and c pies
thereof, issued with respect to the Storage Space. The Association shall revie the
proposed transfer for compliance with this Section 7.9 and, if the transfer complie , the
Association shall transfer the license on its records to the Unit owned by the trans eree
and issue a new Stora�e Certificate to the transferee. The license to use the St rage
'Space shall remain with the Owner and Unit to which it is transferred untit the lice se is
transferred in accordance with this Section 7.9. In the absence of a properly exe uted
assignment to the contrary, the license to use a Storage Space assigned to a Unit t the
time of the Unit's conveyance shall be automatically assigned with the conveyan e of
title.to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned his •
or her Unit only to or by other Owners and Occupants, The lease or other use right sha!(
,be in written form, and shall terminate when the lessor, lessee, or other user is no 1 n�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 agree ent
with respect to- the Storage Space assigned to ihat Owner's Unat, and shall pro ptly
provide a copy-of the lease or use agreement to the Association. The Association may
nold, reassign the license for, or rent, a Storage Space assigned to it in the same m nner
as an Owner, except for the Storage Spaces reserved far use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security int rest
n a Unit shali include the license to any Storage�pace which is assigned to the Unit and
aid rights shall be included within the secured party's interest acquired in the even#of a
�foreclosure of the lien or other security interest.
7.9.6 Any license, lease, rental, assignment, transfer, or purported transf r of �
�n interest in a Stora e S ace in violation of this Section 7.9 shali be void_ . �
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7.9.7 The use of the Storage Spaces, and the items that may be stored i the
�torage Spaces, are subject to Rules and Regulations as approved from time to tim by
e Board.
_10 Animals. The Board shall have the exclusive authority to regulate or prohibi , by �
' the Rnl and Regulations, the keeping of animals on the�Property; provided, that the Board ay
only pe it dogs {except Rottweillers, Pitbulis, or poberman Pinschers), cats, small birds,s all
fish, an other animals generally recognized as domestic household pets (collectively referr d fo
as"pets')to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regula or
rohibit pets on the Property, including, but not Iimited to, the type, size, and numb r of
ets allowed to be kepi in a Unit; provided, that such Rules and Regulations are not
nconsistent with the Governing Documents.
I 7.3 0.2 Pets shall be kept solely as common domestic household pets, o as
tatutorily authorized "service animals" by handicapped persons, and not for any o her
urpose. No animal of any kind shall be raised or bred, or kept for busines or
ommercial purposes, by any Person upon any part of the Praperty.
7.103 Pets shal! not be allowed to make an unreasonahle amount of noise, r to
l�ecome 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 Com on
�lements_ No structure, fence, or enclosure for the care, housing, or confinement of ny
et shall be constructed or maintained on any part of the Common Elements or in ny
art of a Unit that affects or may affect another Unit or the Common Elements_
7.10_5 Pets shall be under control of an adult individual at all times when out�ide
f the Unif.
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� 7.10.6 Owners and Occupants keeping pets within their Units are responsib e far -
' the pet's behavior and for complying with municipal pet iaws,. ordinances, and
� regulations. An Owner is liable to the Association for the cost of repair of any dam ge to
the Property,or the damages and expenses associated with any persona! injury,caus d by �
• �'an animal (i) kept by that Owner on the Property, (ii} kept on the Property y an . -
- Occupant of that Owner's Unit,or(iii)brought upon the Property by a guest or invi e of .
� ,that Owner or that Occupant. The owner of that animal �ii not that Owner) shall a] o be
liable for such costs,damages,and expenses.
' 7.i 0.7 The Board shall have authority to deterrnine in its sole and abs tute
discretion whether a particular pet shall be permanently removed from the Property t�ased
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Secti n 7,
ii) applicable governmental restrictions, laws, or ordinances, or (iii} any addit onal
�restrictions approved by the Board; provided, that such removal shall be subje t to
�ection 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner or a
I�aiiure to comply with any pet restrictions shall be an Assessment against the Ow er's
�tlnit.
'�.11 Ouiet Eniovment; Interference Prohibited. Subject to Section 7.16, all O ners
' and Oc'upants and their guests shall have a right of quiet enjoyment in their respective nits,
subject o the rights of other Owners and Occapants to reasonable use of their respective nits
and the usuat and customary sounds generated thereby given the muiti-family, apartment- tyle
structur of the Building. Taking into consideration the nature.of the Building stracture, 0 ners
and Oc upants and their guests s�all use and occupy the Property in such a manner as wil not
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and uiet
enjoym nt of the Property by other Owners and Occupants and.their guests.
_12 Comqliance with Law. No use shall be made of the Property which wouid vi late
any the existing municipal codes or ordinances, or state or federal iaws and regulations, nor
shall an� act or use be permitted which could cause waste to the Property, cause a mat rial �
�ncrease �n �nsurance rates on the Praperty, ar otherwise cause any vnusuat liability, healt or �
safety ri k,or expense,for the Association or any Owner or Occupant. �
.13 Alterations. Except for those made by Declarant in consideration of its initial sale
of a Uni and except as otherwise provided in Section 8, no alterations (as defined in Sectio �)
shall be made, or caused or allowed to be made, in'any part of the Common Elements,or in any
part of t e Unit which affects the Cornmon Elements or another Unit, or which is visible om
the exte ior of the C7nit, without the prior written authorization of the Board, or a comm ttee
appointe by it, as provided in Section 8. No Owner or OccUpant shall (i) cause or permit any
physical'changes to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety o the Building, or any Building system, or other improvernent located on the Propert ; or
(ii) inte ere with any easement affecting the Property.
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7_14 Time Shares Prohibited. The time share form of ownership, or any comp rable •
fonn f lease, occupancy rights, ownership, or right-to-use plans, which has the eff t of
dividin the ownership or occupancy of a Unit into separate time periods, is prohibited. '
7.15 Access to Units. !n case of emergency which constitutes an immediat and
materiall threat to the Property or to the health or safety of the Owners or Qccupants, all nits
and th Limited Elemenis are subject to entry, without notice and at any time, by an offi. er or
memb of the Baard, by the Association's management agents, or by any pubfic fety
person ei. Entry is also authorized for maintenance purposes under Seetions 9 and 13, a d for .
enforc ment purposes under Section 14. '
7.16 Public Works Facility. The City's public works facility(the"Facility") is la ated
directl ' to the west of the Property. The Facility is_used by the City for, among other thing , the
storage maintenance, and repair of trucks, plows, and other equipment owned and used b the
City. e Facility is operated by the City twenty-four hours a day, seven days a week. iven �
� the clo e proximity of the Facility to the Property, the Owners and Occupants and their in itees �
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 n t be
stored,�displayed, or otherwise Ieft outside the Units, except as authorized by the Baard. All
portion of the Common Elements used for access to and from the Units and to and fro the
lower I vel of the Building,may not be obstrncted, ar used for parking,storage,activities, r any
purpos other than access and authorized garking and storage.
7_]8 Prohibited Conduct. No Owner or Occupant shall(i}cause or permit any ph sical
change to their Unit or the Common Elements that could jeopardize or impair the weather tight
sound ss or safety of the Building, any Building system, or other improvement located o the
Prope y; (ii) interfere with arty easement; (iii) install or permit the installation of hard s rface
floor c verings within their Unit without the prior written authorization of the Board, exce t for
the re lacement of floor coverings of the same type as originally insta.iled in the Un't by
Declar nt; or (iv)cause or permit any physical changes to his or her Unit which could aff ct or
damag the sound barriers or sound attenuatian materials instailed on or within the cei ings,
floors, r walls of the Units wi#hout the prior written authorization of the Board.
SECTION 8 � i
ARCHITECTURAL STANDARDS
8.l Restrictions on lmprovements. One of the purposes of this Declaration is to
ensure;that those parts of the Units which are visible from the exterior, as well as the Li ited
Comm n Elements, be k�pt architecturally attractive, and consistent in appearance, and
structu a}ly sou�d_ Therefore, except as set forth in Section 8.5, the following restriction and
require ents shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifica ions,
improvements, repairs, or replacements of any type, whether temporary or perm nent,
structuraf, aesthetic, or otherwise (coilectively referred to as "alterations," and
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ndividually a "alteration"), inciuding, but not limited to, any structure, buii ing, '
ddition, decic,patio,fence,wall,enclosure,window, exterior door, antenna or other type
f sending or receiving apparatus, sign, flag, display, decoration, color ch ge,
hrubbery, materiai topographical or landscaping change,or any other exterior altera ions
0 or of a Unit or a Limited Common Element, shail be made, or caused or allowed o be
� ,a�ie, by any Owner or Occupant,or their invitees, in any part of the Common Elem nts,
r in any part of the Unit which affects the Common Elements or another Unit, or hich
s visible from the exterior of the Unit, unless and until the plans and specifica ions
howing the nate�re, kind, shape, height, color, materiats, and locations of the altera ions .
ha11 have been approved in writing by the Board or a committee appointed by i . In
�ddition, Declarant's written consent shall also be required for alterations until Decl rant
no longer owns a Unit for initial sale_
8.1.2 The Board may appoint, supervise, and disestablish an archite ral
ommittee, and speci�cally delegate to it part or all of the functions which the oard
xercises under this Section 8, in which case the references to the Board shall refer t the
rchitectural committee where appropriate. The architectural committee shal] be su ject
o the supervision of the Board. �
8.1.3 The Board shall establish the criteria for approval of alterations, hich
hall (i) adequately protect the Property, the Association,and the Owners and Occup nts,
: rom liability and liens arising out of the proposed alterations or any construction ac ivity
n connection therewith, and (ii) cornply with ail governmental laws, codes, and
egulations. The criteria for approval of alterations shalt include and require, ai a
inimum: �
8.1.3_1 substantial uniformity of color, location, type, and desi n in
� relation to existing structures and topography,
8.1.3.2 comparable or better quality of materials as used in exi ting
' improvements on the Property, • ' �
8.l.3.3 ease of maintenance and repair, j
'i 8.13.4 adequate protection of the Property, the Association, the Ow ers,
' and the Occupants from liability and liens arising.out of the proposed alterati ns,
8.1.3.5 substantial preservation of other Owners' sight lines, if mat rial,
and
8.13.6 compliance with governmental laws,codes, and regulations. �
8,1.4 The Board, or the appointed architectural commitiee if so authorize by
the Board, in its sole discretion, may impose standards for design, appearanc , or
construction which are greater or more stringent ihan standards prescribed b the
Governing Documents, or by building, zoning, or other governmental laws, code , or
. regulations; provided, that such standards shall be consistent with the archite ural
character and use of the Property as planned and developed by Declarant. 1"he Boa , or
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e appointed architectural committee if so authorized by the Board, shal] be the sole - •
udge of whether such criteria are satisfied, and its determination in this regard sha 1 be
inding upon the Owners, the Occupants, and any other Person holding or acquirin an
nterest in the Unit. The purpose of the criteria established by the Board shall be i) to ;
reserve the architectural sryEe and uniformity, the quality and value of the Property and �
ii) to protect the Association and the Owners from•undue liab:lity arising oui o the
Iterations or any construction activity in connection ttierewith.
8.i.5 Alterations may be made in compliance with Section S15B.2-11:3 o the ,
�1ct, and relocation of the boundaries of the Units may be made in compliance ith
�ection S 15B.2-114 of the Act.
' 8.1.6 Approval of alterations that encroach minimally upon another Unit o the �
�ommon Elements or whtch essentially continue an existing encroachment created i the �
�ourse of construction of the Building and Units, shall create an appurtenant easeme t for
, uch encroachment in favor of the Unit with respect to which the alterations are
pproved, notwithstanding any contrary requirement in the Governing Documents o the
ct. A file of the resolutions approving all atierations shal{ be maintained perman ntly
s a part of the Association's records. �
2 Review Procedures. The following procedures shall govern requests for
alterati s under this Section 8:
$.2.1 Detailed plans, specifications, and related information regarding any
roposed alteration, in form and content acceptable to the Board,shal) be submitted t the
oard (or the committee}and to Declarant(as long as Declarant is the owner of a Un t) at
I ast sixty days prior to the projected commencement of construction. No altera ions
hall be commenced prior to approval.
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant i the ;
wner of a LJnit) shali give the Owner written notice of approval or disapproval. I the
oard (or the committee) and to Declarant (as long as Declarant is the owner of a nit)
$ails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board (or the committee) d to
C�eclarant (as long as Declarant is the owner of a Unit), then approval shall be deem d to
� �e granted; provided, that the alterations are done in accordance with the p ans,
pecifications,and related information which were submitted. �
8.2.3 If no request for approval is subrnitted, approva! shail be deemed t be
enied. .
.3 Remedies for Violations. The Association may undertake any measures, leg 1 or
adminis rative, to enforce compliance with this Section 8 and shall be entitled to recover om
the Ow er causing or permitting the violation all attomeys' fees and costs of enforce ent
incurre by the Association, whether or not a legal action is started. Such attorneys' fees and
costs sh 11 be a lien against each of the Owner's Units and be a pe:sonal obligation of the 0 ner.
In addit on, the Association shall have the right to enter the Owner's Unit and to restore any part
MPLS-Wor 452R1.11 20
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of the uilding or that Unit to the prior condition if any alterations were made in violation f this •
Sectio 8, and the cost of such restoration shall be a personal obligation of the O�vner and ]ien
against each of the Owner's Units.
8.4 Owner Resnonssbility/Indemnitv. An Owner who causes an alteration o be
made, 'egaidless of whether t�e alteration is approved by the Baard, shall be responsible f r the�
� const ction work and any c�aiins, damages, losses, or liabiIities arising out of the alte tion.
The O er, and not the Association, is responsible for determining whether any alterat't.o is in
violati n of any restriction imposed by any governmenta] authority having jurisdiction ov r any
portion of the Property. The Owner shail hold harmSess, indemnify,and defend the Associ tion,
and the Assaciation's officers, directors, committee members, and management a�ents, fro and
against any expenses, claims, damages, losses, or other liabilities, including without limi tion
attome s' fees and costs af litigation, arising out of (i) any alteration which violate any
gove ental Iaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy f the
specifi ations or standards for constivction of the atteration, and (iii) the construction f fhe
alterati n.
.5 Exemptions. The requirements set forth in this Section 8 (except Section 8.4)
shall n t apply to the following: I
I 8_5.1 Construction, reconstruction, or remodeling by Declarant in conneCtion
�vith its sale of Units.
' 8.5.2 The instailation of the foliowing antercnas within a Unit or wi in a
�,imited Common Element, as permitted by applicable law_ (i) one antenna one met r or
ess in diameter .for the purpose of receiving direct broadcastlsatellite service or ideo
rogramming services, or (ii) any antenna for receiving television broadcast si als.
owever, the Board or a committee appointed by it, may require that the anten a be .
�nstalled so as to minimize its visibility from the front,of the Unit and othe ise
amouflage its appearance, uniess such requirements would violate applicable law. The
oard shall have authority to impose further, reasonable related requirements consi tent
ith law. The Owner or Occupant of the Unit shall perform and pay for the instal) ion,
aintenarice, and repair of the instatlation. . i
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8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 9
MAINTENANCE
.l Maintenance bv Association. Subject to Section 9.2,the Association shall pro ide
for all aintenance, repair, and replacement (collectively referred to as "maintenance or
"mainta n") of the Common Elerr►ents and the Limited Cammon Elements, in accordance ith,
and sub�ect to,the following qualifications:
9.1.1 The c�st of rnaintenance of a Limited Common Etement required t be
ndertaken by the Association shall be assessed against each Unit to which the Li ited
ommon Element is allocated. The Association may assign to an Owner the obliga ion
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or routine maintenance of a Limited Common Element allocated to the Owner's 1Jnit. �
owever, if the Owner fa'sls to adequately perforn7 the maintenance, the Association�may
nter the Limited Common Element and tne Unit, perform the maintenance, charg the .
wner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
ssociation shal] have an easement on, over, and through that Unit and the Li ited
' ommon Element for purposes of performing said m�intenance.
9.1.2 The Association shatl be r�sponsible for incidenta] damage caused to a
�nit or its Limited Common Elements by work undertaken hy the Association pur uant
o this Section.
9.1.3 [f damage to the Common Elements, the Limited Comrnon Elemen s, or
pther Units, is caused by an Owner or such Owner's occupants, guests, or invitees, r by
ny condition in the Unit or Limited Common Elements which the Owner or Occ pant
as caused or allowed to exist, then the Association may repair the damage or corre t the '
ondition, charge the Owner for the cost of the maintenance, and assess the cost th reof �
gainst the responsible Owner's Unit, as may be assigned by the Association pursu nt to
. his Section 9.1_ The Association sha11 have an easement on, over,and through that Unit
nd the Limited Common Elements for the purposes of performing said rep r or
orrection.
9.1.4 Notwithstanding the assignment of any maintenance obligations an
, wner, the Association shall have authority to approve any maintenance which a ects
ny part of the Property other than the Unit, which may impair any easement, or hich
lters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Ele ents
n accordance with that certain Declaration of Easements, Restrictions and Covenan s for
tonebay recorded in the office of the County Recorder in and for Hennepin Co nty,
�Viinnesota, on July 29, 2004, as Document No. 8406752. Pursuant to that Declarati n of
IEasements, Restrictions and Covenants, the Association has the obligation to mai tain
�hose unpaved portions of Kelley Parkway lying within the Common Elements.
�.2 Optiona] Maintenance bv Association. 1n addition to the maintenance desc ibed
in Secti n 9.1 the Association rnay, with the approval of a majority of votes cast in person r by
proxy t a meeting called for such purposes, or by written baElot, undertake to pr vide
mainte ance to parts of the Units.
.3 Costs of Maintenance bv Association. A1! maintenance perfonned b the •
Associ tion under this Section 9 shall be funded by annual Assessments or, if necessary, s cial
Assessi ents, unless otherwise provided in this Section 9. Notwithstanding the faregoin , the
Associ tion reserves the right to levy and allocate the cost of any maintenance performed nder
this Se tion 9 to one or more than one Unit, pursuant to Section 6.4.
.4 Owner Respansibility. The Owner shall, at the Qwner's expense, be respo sible
for mai tenance, repair, and replacement as follows:
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4.4_1 To maintain atl portions of the Owner's Unit in good, clean, and sa�itary •
condition, and to maintain the Limited Common Elements allocated to the Owner' Unit I
to the extent assigned to the Owner under Section 9.1.1. The Association may requir that �
the Owners perform their maintenance obligations in accordance with stan ards
established by the Association.
9.4.2 To gerform ihe foregoing mairtenance obligations in such manner s not '
to da�nage the Praperty, or unreasonaoly disturb or cause a hazard to other P sons
loccupying or using the Property.
The Association may, with the a�proval of the Members, undertak any
maintenance of a Unit which the responsible Owner fails to or improperly perform , and
� assess the Unit and the Owner for the cost thereof. No such approval shall be nec ssary
� jif the Association has the authority under the Governing Documents to perform such
maintenance. Such cost shall be a personal obligation of the Owner and a lien again t the
Owner's Unit. Owners and Occupants shall promptly notify the Association of defe ts in
or damage to those parts of the Property which the Association is obligated to mai tain.
The Board may require that the Owners perform their maintenance obligatio s in
accordance with standards established by the Association.
�
9.5 Waste of Common Utilities or Commonly Metered Utilities. An Own r or
Occup nt of a Unit shall not cause waste, or unreasonable use, of common utilities or ut lities
that se e the Unit but which are commonly metered. In the event the Association dete ines
that su h waste or unreasonabie use is occumng, the Associatian shaIl have the authority t levy
agains the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, ch rges,
and fe s (whether billed by the utility provider, or otherwise) associated with that wa te or �
unreas nable use. Such costs, charges, and fees shall be calculated by the Association sing
reason ble methods. Notwithstanding any provision to the contrary in this Declaratio , the
Associ tion may repair or correct any condition (and enter upon any Unit and Limited Co on
Eleme t to do so) causing the waste or unreasonable use. The cost of the repair or corr tion
may, a� the Board's discretion, be assessed against the Unit, and may, at the Board's discr tion,
be the�ersonal obligation of the Owner of the Unit and a lien against the Unit
19.6 Restrictions on Changes to the Propertv. Except as permitted by this Decla tion, '
no O er or Occupant shall, without prior written authorization from the Board in accor ance
with S ction 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, w ether
temporary or permanent, to be made to a Unit or the Common Elements, if such c ange
or alteration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Co mon �
Elements that could jeopardize or impair the weather-tight integrity, safety or soun ness
of any part of the Property, any system or equipment on or within the Property, o any
other improvements located on the Property.
- 9.6.3 Interfere with or otherwise impair any easement.
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9.� DutY to Report Defects. Owners or Occupants shall promptly report t the �
Association any defect or need for repair to those parts of the Property which the Associat on is
obligat�d to maintain. �
9.8 DamaQe Caused bv Owner. Notwithstanding any provision to the contrary i this
Declar�tion, if, in the judgment of the Association, the need for maintenance of any part f the •
Propec�y is caused by the wiilfu!or negligent a�t or omission of an Owner or Occupant,the uest �
or invi�ee of an Owner or Occupant, or by a condition in or on the Property which the Ow er or
the Oc�Cupant has willfuily or negligently allowed to exist, the Assaciation may cause such
darnag� or condition to be repaired or corrected (and enter upon any Unit and Limited Co on �
Eiemer}t to do so). The cost of the repair or correction may be assessed against the Unit f the
Qwnerlresponsible for the damage, and sha11 be a personal obligation of the Owner and lien
against�thatOwner's Unit.
SECTION 10
1NSURANCE
10.t Required Covera�e. The Association shaiJ obtain and maintain, at�a mini um,
one or imore than one master policy of insurance in accordance with the insurance require ents
set fort�h in the Act and the additional requirements set forth herein issued by one or mor than
one re�utabte insurance company authorized to do business in the state of Minnesota,as foll ws:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an
larnount equal to one hundred percent of the insurable"replacement cost",of the Pro erty,
exclusive of: (i}deductibles; and (ii) land, footings,excavation and other�items nor ally
excluded from coverage {but including all building service equipment and machi ery): �
� .'The Associatiori, at its soie discretion, may or may not insure the following i ems:
ceiling and waU finishing materials, floor coverings, cabinetry, finished mill ork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improve ents
'and betterments regardless of when installed, and any items referred to in S ctian '
'S15B3-113(b)(i) through (vii) of the Act, but must do so if required by the F deral '
INationat Mortgage Association ("FNMA"), the Federal Home Loan Mo gage
�Corporation ("FHLMC"}, the Federal Housing Administration("FHA"), ar the sec etary �
lof Veteran's Affairs {"VA"). The policy or policies shall cover personat property o ned
�by the Association. The policy or policies shall also contain "lnflation Guard' and
i"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and limits with respect to the fore oing
and other hazards as may be required from time to time by the regulations of the HA,
VA, FNMA or FHLMC as a precondition to their insuring, purchasing or financ ng a
imortgage on a Unit. The Board may also,on behalf of the Association, enter into bi ding
written agreements with a mortgagee, insurer or servicer, including without limitati fhe
,FHA, VA, FNMA or FHLMC, obligating the Association to keep certain spe ified
coverages or endorsements in effect.
10.1.2 Commercial general 7iability insurance covering the use, operatian and
�maintenance of the Comrnon Elements, with minimum limits of one million dolla per
MPLS-Wqrd 95281.11 24
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�ccurrence,against claims for death,bodily injury,property damage, and such other 'sks '
are customarily covered by such poiicies for projects similar in construction, loc tion
nd use ta the Property. The palicy shal! contain a"severability of interest"endorse ent
hich shall preciude the insurer from denying the claim of an Owner or Occ pant
ecause af negligent acts of the Association or other Owners or Occupants_ The p licy
�hall include such additiona! endorsements, coverages and Iimits with respect ta uch
iazards as may be required by the regulations of the FHA, VA, FNMA, or FHLMC as a �
�recondition to their insuring,purchasing,or financing a mortgage on a Unit.
10.1.3 Fidelity bond or insurance coverage against dishonest acts on the pa of
� irectors, o�cers, managers, trustees, employees, or persons responsible for han ling
. nds belonging to or administered by the Association, if deemed to be advisable b the
oard or required by the regulations of any financing-related institution as a precond tion
o the purchase, insuring, guarantee, or financing of a mortgage on a Unit. The fid lity
nd or insurance shall name the Association as ihe named insured, and shall co ply
�ith the regulations of the FNMA, FHLMC, FHA or VA, if required by one of uch
gencies as a precondition to the purchase, financing, insuring, or gaarantee f a
ortgage on a Unit. An appropriate endorsement to the policy to cover any persons ho
' erve without compensation shall be added if the policy would not otherwise c ver
olunteers, or a waiver af defense basec3 upon the exclusian of persons serving wit out
�ampensation shall be added.
L0.1.4 Workers' Compensation insurance as applicable and required by law. .
10.1.5 Directors and officer liabi�ity insurance with such reasonable limits and
overages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Board may determine from time to time t� be
i� the best interests of the Association and the Owners. ,
]0.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4 all
insuranc premiums shall be assessed and paid as part of an annual Assessment. If
improve ents and beiterrnents to the Units are covered by the Association's property insura ce,
any incr ased cost rnay be assessed against the Units affected. The Association may, in the ase
i
of a clai for damage to one or more than one Unit,(i) pay the deductible amount as a Co on
i Expense (ii) assess the deductible amount against one or more than one Unit affected in y
reasona le manner, or(iii) require the Owners of one or more than one Unit affected to pay the
deductib e amount directly. The Association's decision as to who shall be charged with pa ing
the ded ctible amount may, but need not, be based on fault. Notwithstanding anything to the
contrary,in this Section ]0, the Association may, in the case of claim againsi the Associati n's
property insurance',assess the deductible amount against all of the Units equally in the event hat
the dedu tible amount is calculated by the insurance company based upon the percentage o the
value or ost(replacement or otherwise)of one or more than one Unit or Building.
f .3 Loss Pavee; insurance Trustee. Atl insurance coverage maintained by the
Associat an shall be written in the name of, and the proceeds theceof shall be payable to, the
Associat on (or a qualified insurance trustee selected by it) as trustee for the benefit of the
MPLS-Word 5281.0 25
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Owner and secured parties which suf�er loss. The Association,or any insurance trustee sel cted -
by it, s all have exclusive authority to negotiate, settle; and collect upon any claims or i sses ,
under a y insurance policy maintained by the Assaciation. '
�
. . 10.4 Required Policv Provisions. A11 policies of property insurance canied b the
Associ tion shall provide, if practicable,that: .
10.4.t Each Owner and secur�d party is an insured Person under ihe policylwith
t-espect to liability arising out af the Owner's interest in the Common Elemen or
embership in the Association. �
1fl.4.2 The insurer waives its right to subrogation under the policy agains any I
wner or member of the Owner's household and against the Association and memb rs of I
he Board.
10.4.3 The coverage shall not be voided by or conditioned`upon {i) any a t or
mission of an Owner, unless acting within the scope o#' authority on behalf o the
ssociation, or {ii) any failure of ihe Association to comply with any warran or
ondition regarding any portion of the Property over which the Association ha no
ontrol.
, 10.4,4 If at the time of a loss under the policy Chere is other insurance in the ame
f an.Owner covering the same property covered by the policy, the Associa#ion's licy
s primary. �
0.5 Cancellation• Natice of Loss. All policies of property insurance and
compre ensive liability insurance maintained by the Association shall provide that the pol cies
shall no be canceled or substantially modified, for any reason, without at least thirty days rior .
written otice to the Association, the insureds, and to all secured parties holding first mortg ges
on Unit .
0.6 No Contribution. All policies of insurance maintained by the Association sha l be ;
the pri ary insurance where there is other insurance in the name of the Owner covering the s me ,
propert , and may not be brought into contribution with any insurance purchased by Owne s or
their m rtgagees. � ;
0.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additi nal
persona insurance coverage (commonly known as "gap coverage"or an "H06"policy) at h s or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's pers nal
propert and personal liability, and covering insurance deductibles that may be levied by the
Associa ion against the Unit. insurance policies maintained by Owners are without contribu ion
as again t the insurance purchased by the Association, except as to deductible amounts or o her
items n t covered under the Association's policies. Upon request by the Association, an O ner
shall im ediately provide to the Association a copy of the certificate(s) of insurance cove ge
evidenci g the insurance required by this Section 10.7.
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' SECTtON ]1 •
RECOVSTRUCTION,C�NDEMNATION,AND EMINENT DOMAIN
11.1 Reconstruction. The obli�ations and procedures for the repair, reconstructi n, or �
disposi ion cf the Property fallowing damage or destruction thereof shall�e governed by th Act.
Any re air or reconstruction shall be commenced as soon as practicable af�er the casualt and
shall b substantially in accordance with the plans, specifications, and design of the Prope as
initial( constrncted and subsequentiy improved. Notice of substantial damage or des tion
shall b given as provided in Section 15.10. '
I 1.2 Condemnafion and Eminent Domain. In the event of a taking of any part f the
Prope by condemnation or eminent domain, the pravisions of the Act shall govern; pro ided,
{i) that notice shall be given as provided in Section IS.1Q, (ii) that the flssaciation shall the
attome -in-fact to represent the Owners in any related proceedings, negotiations, settlemen s, or
agreem nts, and {iii) that any awards or proceeds shall be payable to the Association f the i
benefit f the Owners and the mortgagees of their Units. Eligible Mortgagees shall be entitl d to
priority for condemnatian awards in accordance with the priorities established by the Act an the �
Govem ng Documents, as their interests may appear.
, 11.3 Termination and LiQuidation. "I'he terinination of the Condominium, an the
distribu ion oF any proceeds therefrom, shall be governed by the Act. Any distribution of nds
shall b based upon the value of the Units as determined by their relative value for pro erty
insuran e purposes, and shall be made�to Owners and their mortgage holders, as their int rests
• may ap ear,as provided tn the Act.
a 1.4 Notice. The Association shall give written notice of any condemn tion
procee ings or substantial destruction of the Property to the :Etigible MocEgagees entitl d to
notice nder Section l 5.10. �
,
1.5 Association's Authority. ln all cases involving reconstruction, condemn ion, '
eminen domain, termination or liquidation of the Condominium, the Association shall ave
authorit�+ to act on behalf of the 4wners in all proceedings, negotiations, and settleme t of
claims. A11 proceeds shall be payable to the Association to hold and distribute for the bene �t of
the Ow ers and their mortgage holders,as their interests may appear,in accordance with the ct.
SECTION 12
I
' EASEMENTS
he following appurtenant easements and rights are hereby granted,conveyed, dedic ted,
and res rved on, over, under,and across the Property, as applicable.
�
2.1 Utiiities, Services, and O_peratin� Svstems. The Common Elements and the nits
shall be subject to and benefited by nonexclusive easements in favor of the City,the Associ tion
and all tility companies and other service providers for the installation, use, maintenance, r pair
and rep acement of all utilities, services and common operating systems, such as natural gas,
electrici y, cable TV, security, telephone and other etectronic communications, wa#er, se er,
MPLS-Wor 95281.11 77
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septic �ystems, wells, and similar services, fire conhrol systems and other common ope ting -
system', and metering and control devices, which exist, which are constructed as part the �
Propert ,which are approved by the City,which are approved by the Association under aut ority
contain d in the Governsng Documents or the Act, or which are described or referred to i the
Plat, th s Declaration, or other recarded instruments. Each Unit, and the rights of the O ers
and Oc npanis thereof, shall als� be suhject to and benefited by a non-exclusive easeme t in
favor f the other Ilnits, the Common Elements, and the Assaciation for all such util'ties, -�"
service , fire control systems, and other common operating systems. Utilities and re ated
service or systems shall be instal(ed, used, maintained, and repaired so as no# to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affeci the stru ra1
or archi ectural integrity of a Building,the Units,or the Common Element improvements. �
•
2.2 Encroachments. Each Unit and the Common Elements, and the rights o the �
\
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor o the
adjoini g Units for encroachrnents caused by the construction, reconstruction, repair, shi ing,
settlem nt, or rttovement of any part of the Property, for improvements which are add d in •
compli nce with Section 7.13, and nonmaterial inaccuracies in survey. lf there i an
encroac ment upon another Unit or the Common Elements as a result of any o the
aforem ntioned causes,an easement shal! exist for the encroachment, for the use,enjoyment and
habitati n of any encroaching Unit or improvements, and for .the maintenance the eof.
� Improv ments or alterations added pursuant to Section 7.13 shall be limited to inor
� encroac ments, and na easement shall exist unless the proposed improvements or altera ions
have b en approved and constructed as required by this Declaration. Such easements hall
continu for as long as the encroachment exists and sha{1 not affect the marketability of tit]e.
2.3 Sinactural Support Easements. Each Unit and the Cammon Elements sha be
subject o and be the beneficiary of nonexclusive easements for structural support in all Ifs,
column , joists, girders, and other structural components located in or passing through an ther
Unit or ther parts of a Building,or shared with an ad}oining Unit or the Common Elements.
�,4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for ac ess ,
to and rom public roadways and walkways on and across those portions of the Com on
Elemen designated for use as driveways or walkways, as originally constru�ted, shown o the
Piat, or oiherwise designated by the Association, subject to any restrictions authorized by the �
Governi g Documents or the Rules and Regulations. The right of access of ihe Owners and
Occupa ts, and their invitees, to and from the roadway to the west of the Property, comm nly
known s Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Acc ss)
recorde in the office of the County Recorder in and for Hennepin County, Minnesota as
Docume t No. D 75 . That Declaration of Easements also seis forth the obligation o the
Associa ion to share in the costs of maintaining, repairing, and replacing the portion of Cas ade
Lane ov r which that right of access is granted.
� 12.5 Inspection, Maintenance, Repair, Replacement, and Reconstruction. Each nit,
and the ights of the Owners and Occupants thereof, and the Common Elernents and Lim ted
Commo Element, sha]t be subject to and benefited by the nonexclusive easements in fava of
the Ass ciation, its agents, and Declarant for the maintenance, repair, repiacement, d
reconst ction of the Common Elements, the Units, and other improvements located wiihin the
M PLS-W ord'9526 L l 1 2 g
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Units, �nd the utilities serving the Units, to the extent necessary for the Association to ful tll its •
obligat ons under ihe Governing Documents or for Declarant to investigate or underta e its
warran obligations. Each Owner shall afford to the Association and its management a ents
. and e ployees, access at reasonable times and upon reasonable notice, to and throug the
Owner s Unit and its Limited Comrnon Elements for inspection, maintenance, repair and
replace ent; provided, that access to the Unit and its Limited Cammon Elements may b had '
withou notice and at any time in case of emergency. ' �
12.6 Public Safetv and Health Access. 'Fhere are nanexclusive easements in fa r of
the Ci and other applicable governmental authorities or agencies as shall from time to time
have j risdiction over the Property, on and across drives, walkways, parking areas, and ther
open s ace areas of the Property for reasonable access to perform.such duties related t law
enforce ent, fire protection, life safety, health, and sanitation as are reasonably required from
time to time. Such easements shall include access through and into the affected Unit and �
Limite Common Elements in the�ase of an emergency. �
12.7 Emereencv Access. In case of emergency or perceived threat to public heal h or
safety, all Units and Limited Common Elements are subject to an easement in favor o the
Associ tion for access, withaut notice and at any time, by an officer or member of the Boar , by
the Ass ciation's management agents,or by any public safety personnel. The Board may re uire
that an wner or Occupant leave keys to the Unit with another Owner of the Owner's choi e, or
with th Association, and.to advise the Association's management agent or the Boacd o the
locatio s of the keys, so as to allow access for emergencies when the Owner or Occup t is
absent rom the Property for extended periods.
2.8 Recorded Easements. The Property shall be subject to such other easemen s as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiti g or
burdeni g th� Property shall be construed in a manner consistent with, and not in conflict ith,
the eas ments created by this Declaration. Such recorded easements include,but are not li "ited
to, that certain Declaration of Easements, Restrictions and Covenants for Stonebay record d in
the offi e of the County Recorder in and for Hennepin County, Minnesota, on July 29, 20 , as
Docum nt No. 8406752. Pursuant to that Declaration of Easernents, Restrictions and Coven nts,
the Rss ciation has the obligation to maintain those unpaved portions of Kelley Parkway ( ing
within t e Common Elements.
2.9 Draina�e Easements. The Common Elements shall be subject to nonexcl �sive
easeme ts for storm water drainage in favor of the Owners and Occupants for reasonable s orm
water d ainage, and other normal site drainage, over those parts of the Common Etements w ich
may be esigned, improved,or graded for such purposes. '
� 2.10 Use and Enjovment Easements. There are nonexclusive easements in favor o the.
Owners and Occupants of the Units for use and enjoyment on and across the Comman Elem nts,
and for exclusive use and enjoyment of any Limited Common Elements allocated to the nit,
subject o any restrictions authorized by, or set forth in, the Goveming Documents or the les
and Re lations. .
MPLS-Wo 95�81.11 ' 29 -
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12.11 Declarant RiQhts and Easements. The Units and the Common Elemen are - '
subject to exclusive easements and rights in favor of Declarant for the exercise of its dec arant
rights s described in the Governing Docnments,and for the periodic inspection of the Uni and
the Co on Elements during any warranty periods and thereafter to review the condition f the !
Propert�y and Building systems and to determine whether Unit and Building mainte ance .
require ents are being followed. •
12.1Z Duration, Restrictions, and Use. The rights and easements granted or reserv d by
this Se tion 12 shall be permanent, shall run with the land unless otherwise expressly indi ated,
and sh II be suhject to the following qualifications: '
12.12J The easements shalI supplement and not limit any easements desc ibed
Isewhere in this Declaration or any other recorded instrument.
32.12.2 The easements shall be subject to reasonable regulation b the
ssociation and shall be subject to such reasonable limitations as�to location and ro ting
s may be established by the Association or any governmental authority.
12.12.3 The easements shall include reasonable access over, under, and a ross
e Property to maintain, repair, replace, and reconstruct the easement areas and any
mprovements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiti g or
nrdening .the Property, or any equipment or improvements retating to the ease ent,
, ubject to this Declaration and the right of ihe Association to impose reasonable ules
nd Regulations governing the use of the Properry.
12.12.5 No improvements shall be erected or maintained, no excava ion, .
rading or reshaping shall be undertaken, and no fill or oti�er material shall be place , in
n easement area, which may damage or interfere with the installation, us or
aintenance of such area, or which may change or impede the intended flow of ater
hrough any drainage easement area.
12.12.6 Persons exercising easement rights shall (i) take reasonable c�r to
void damaging the Property or creating safety hazards; (ii) promptly repair any da age
' t the Property which they or their caused; (iii) promptly reimburse the Associatio for
i il costs incurred by it for repairing damage to an easement area caused by the Pers or
e Person's invitees; and {iv) hold ha�rrtless, indemnify, and defend the Associa ion,
ther Owners, and the o�cers and directors �f the Association, from and agains all
laims, damages, losses, and other liabilities arising o.ut of the exercise of the ease ent
�ghts.
12.12.7 Declarant's easement rights described in this Declaration hall
t rminate when Declarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declar ion
s all constitute a dedication of the easement area or the use thereof to the public, it b ing
t e intent of this Declaration that the Common Elements be and remain priyate pro rty
MPLS-Wor 95281.11 30
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,subject to operation and regulation by the Association, and that the Units be and r main '
i private property subject to operation and regulation by the respective Owners t ereof
I and/or the Association,as applicable,a11 in compliance with the Governing Docum nts.
i
; ', 12.]3 Restriction on Third Partv Easement Grants. Except for Declarant in the ex rcise
of its r�ghts under this Declaration, and except for the Board in the exercise of authority anted �
by th� Governing Documents, no Person shall create, grant, ar convey any easem nt or
compacabie rights upon any portion of the Property without the prior written approval f the
Board;i provided, that the Board shatl authori�e an Owner to grant an easement over the 0 er's
Unit if(i) the easement will not adversely affect the Common Elements ar another Unit d {ii)
the ea�ement is consistent with the overall design and plan for the Property as establish d by
Declar$nt and approved by the City. .
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12.14 Continuation and Scope of Easements. Notwethstanding anything i this �
. Declar�tion to the contrary, no Owner or Occupant sha11 be denied reasonable access to is or
her U it or the right to utility services thereto. ,The easements set forth in this Section 12 shall
supple�nent and not limit any easements described elsewhere in this Declaration or recorde , aRd
shall ii�clude reasonable access to the easement areas through the Units and the Co mon
Eleme�ts for purposes of maintenance, repair, replacement, and reconstruction. All eas ment
rights $hatl include a right of reasonable access to maintain, repair, and replace the utility lines
and rel�ted equipment.
, SECTION 13
I COMPLIANCE AND REMEDIES
�ach Owner and Occupant, and any other Person owning or acquiring any interest n the
Prope , shall be governed by and comply with the provisions of the Act, the Gov ing
Docu ents, and the Rules and Regulations, and such amendments thereto as may be made from �
time t� time, and the decisions of the Association. A failure to comply shall entitl the �
Associ�tion to the relief set forth in this Section, in addition to the rights and remedies auth rized
elsewh�re by the Governing Documents and the Act.
'13.1 Entitlement to Relie£ The Association may commence legal action to re over
sums �ue, for damages, for injunctive relief or to foreclose a lien owned by �it, o any
combir�ation thereof,or an action for any other relief authorized by the Governing Docume ts or
availab�le at law or in equity. Legal relief may be sought by the Association against any 0 ner, '
or by $n Owner against the Association or another Owner, to enforce compliance wi the
Goverrling Documents, the Rules and Regulations, the Act, or the decisions of the Associ tion.
Howevier,no Owner may withhold any Assessments payable to the Association, or take (or mit}
other a�tion in violation of the Governing Documents,the Rules and Regulations,or the Ac , as a
measure to enforce such Owner's position,or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or im lied,
admini trative or legal, the Association shall have the right, but not the obligation, to impl ent
any on or more of the following actions against Owners and Occupants and/or their guests who
violate he provisions of the Governing Docuinents,the Rutes and Regulations, or the Act: �
,
MPLS-Wo d 95281.11 3 1
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13.2.1 Commence legal action for darnages or equitable relief in any ca rt of •
� icompetent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessm t or
Mnstallment thereof, such interest to accrue beginning on the first day of the onth
�'ollowing the�nonth for which the Assessment or instalIment was due. �
' 13.2.3 In the event of default of more than thirty days in the payment o any
Assessment or installment thereof, a11 remaining insfallments of Assessments ass ssed
�gainst the Unit owned by the defaulting Owner may be accelerated and shall th n be
payable in ful] if all delinquent Assessments or installments thereof, together wi all
gttorneys' fees, costs of collection, and iate charges, are not paid in full prior t the
�ffective date of the acceleration. Not less than ten days advance written notice f the
�ffective date ofthe acceleration sha{t be given to the defautting Owner.
13.2.4 Impose reasonable fines, penalties, or charges for each violation o€the
,Act,the Goveming Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to us any
Common Element amenities;provided,that the suspension of use rights shall not ap ly to
Limited Common Elements or those portions of the Common Elements providing utilities
�ervice and access to the Unit. Such svspensions shall be limited to periods of defa lt by
uch Owners and Occupants in their obligations under the Governing Documents,a for
p to thirty days thereafter, for each violation_ ,
� 13.2.6 Restore any portions of any Common Elements,Unit,or Limited Co on
�Iements dama�ed or altered, or allowed to be damaged or altered, by any Own r or �
{�ccupant or their guests in violation of the Governing Documents, and to assess th cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out its authority under this Section 13.2.6.
13.2.7 Enter any Common Element, Unit, or Limited Common Element in ;
j�vhich, or as to which, a violation or breach of the Governing Documents exists hich
�hateriatiy affects,or is ]ikely to materially affect in the near future, the health or saf y of
e other Owners,or Occupants, or their guests, or the safety or soundness of any U it or �
pther part of the Property or ihe property of the Owners or Occupants, and to sum arily
�bate and remove, at the expense of the offending Owner or Occupant, any stru ture,
hing, or condition in the Cotnmon Elements, Unit, or Limited Common Elements hich
�s causing the violation; provided, that any improvements which are a part of a Unit may
�e altered or removed only pursuant to a court order or with the agreement of the 0 ner.
'The Association shall have an easement to carry out its authority under this Se tion
13.2.7.
� 13.2.8 Foreciose any lien arising under the provisions of the Gove ing
ocuments or under law, in the manner provided by the Act.
3.3 Rights to HearinQ. In the case of imposition of any of the remedies authoriz d by
Section 7.10.7, 13.2.4, 13.2.5, 13.2.6, or 13.2.7, the Board shall, upon written request o the
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offendi�g Owner, grant to the offending Owner a hearing as contemplated by the Act an .this �
Sectio 13.3. The hearing may be held before the Board or a committee of three or more
disinte ested Owners appainted by the Board. The offending Owner shall be given notice f the
nature f the violation and the right to a hearing, and at least ten days within which to req est a
hearin . The hearing shall be scheduled by the Board/committee and held within thirty d s of
receipt of the hearing re�uest by the Boartl/committee, and with at least ten days prior w "tten
notice o the offending Qwner. If the ofiending Owner faiis to requesi, or to appear a , the
hearing then the right to a hearing shaJl be waived and the Board/committee may take such
action s it deems appropriate. Hearings shall be canducted in a fair and equitable manner.. The
decisio of the Boardlcommittee and the rules for the conduct of hearings established b the
Board/ ommittee, shall be final and binding on all parties. T'he Board's/comrnittee's dec'sion
shall be delivered in writing#o the offending Owner within ten days following.the hearing, 'f not
deliver d to the offender at the hearing_ Any frnes to be imposed by the Association may, t the �
�oard' Committee's discretion,be retroactive to the date of the viotation or offense.
3.4 Lien for Assessments. Charges, Ete. Any Assessments, charges, fines, expe ses,
penaltie ,or interest imposed under this Section shall be a lien against the Unit of the Own r or
Occupa t against whom the same are imposed and the persona] obligation of such Owner i the
same m nner and with the same priority and effect as Assessments under Section 6. The lien
shall att ch as of the date of imposition of the remedy, but shall not be final as to violatian for
which a hearing is held until the Board makes a written decision at or following the hearing. All
' remedie� shall be cumulative, and the exercise of, or failure to exercise, any remedy shall n t be
deemed a waiver of the Association's right to pursue any other remedy.
3.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any colle ion
measure , or any measures ar actian, legal, administrative, or otherwise, which the Associ ion
takes t enforce the provisions of the Act, the Governing Documents, or the Rules and
Regulati ns, whether or not finally determined by�a court or arbitrator, the Association ay
assess t e Unit owned by the violator with any expenses incurred in eonnection with uch
enforce ent, including without limitation fines or charges previously imposed by the ,
Associa 'on, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) on the
delinque'�t amounts owed to the Association•. Such expenses shall also include�ny collectio or
continge cy fees or costs charged to the Association by a collection agency or other Pe on
acting a behalf of the Association in collecting any delinquent amounts owed to the Associa ion
by an O ner or Occupant. Such collection or contingency fees or costs shall be the pers nal
obligatio�n of the Owner and shall be a lien against the Owner's Unit.
1�3.6 Liability for Acts of Owners and Occupants. An Owner shall be liable for the
expense �f any maintenance, repair, or replace�nent of the Property rendered necessary by s ch
Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the ex ent
that such expense is not covered by the proceeds of insurance carried by the Association or s ch
Owner o� Occupant. However, any insurance deductible amount and/or increase in insura ce
rates, re ulting from the Owner's acts or omissions may be assessed against the Ow er
responsi le for the condition and against his or her Unit.
MPLS-Word 5281.11 33
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13J Enforcement b}�O _wners. The provisions of this Section shall not limit or i pair •
the in ependent rights of other Owners to enforce the provisions of the Governing Docu ents,
the Ru es and Regulations,and the Act,as provided therein.
13.8 Liti�atiori. Notwithstanding anything contained herein to the contra , the
Associ�tion may not commence any judicial or administntive acrion on behalf of the O ners
(other than an action com�enced to enforce the Gaverning Docvments or the IZule and
Regul tioris, or to defend ihe Association), without frst obtaining the affirmative vate f the
Owne to which are a�located at least sixty-seven percent af the votes in the Associati n, in
person or by praxy, at a meeting called far such purpose in accordance with the Bylaws, r by
written ballot.
ISECTIUN 14
AMENDMENTS �
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14.1 Approval Requirements. Except for amendments by Dectarant pursua t to
Section, 16, this Declaration may be amended only by the approvai o€-
14.1.1 The Board; and
I 14.1,2 The Owners of Units to which are allocated at least sixty-seven perce t of
the total votes in the Association,except as otherwise provided by the Act;and
' 14.1_3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based npon one vote per Unit
�nance)as and if required by Section 15.
�4.2 Procedures. Approval of the Owners may be obtained in writing or at a me ting
of the ssociation duly held in accordance with the Bylaws. Consents of Eligible Mortga ees
and De larant, if required, shall be in writing. Any amendment shal] be subject to any gr ater
require ents imposed by the Act. The amendment shall be effective when recorded as prov ded
in the A t. An affidavit by the Secretary or the President of the Association as to the outco e of
the vot or the execution of the foregoing agreements or cansents, shall be adequate evid nce
thereof or all purposes, including without iimitation;the recording of the amendment_
SECTION IS
RIGHTS OF ELIGIBLE MORTGAGEES
otwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or o her laws, Eligible Mortgagees shall have the foliowing rights and protections:
t .1 Consent to Certain Amendments. Subject to Declarant's rights under Section t 5,
the writt n consent of Eligible Mortgagees representing at least fifty-one percent of the Units hai
are subj ct to first mortgages held by Eligible Mortgagees _(based upon one vote per nit
financed shall be required for any amendment ta the Goveming Documents which changes y
MPLS-Word 95281.I I 34
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provis on governing the following: (i) voting rights; (ii) increases in an annual Assess nt of '
more t an twenty-five percent over the prior year's annual Assessment;(iii)Assessment li ns,or
priorit of Assessment liens; (iv}reductions in reserves for maintenance, repair and replac ment
of Co mon Elements; (v) responsibility for maintenance and repairs; (vi) reallocati n of
interests in the Common Elements or Limited Common Etements, or rights to their us (vii)
� redefi ition of any Unit boundaries; (viii) convertibility of Units into Cammon Elements r vice
versa; {ix) expansion or contraction of the Property or the addition, annexation or withdra al of
prope y to or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposi 'on of
materi 1 restrictions on the leasing of Units; (xii) imposition of any restrictions on an O. ner's
right t sell or transfer,his or her Unit; (xiii) restoration or repair of the Property (after a azard
damagle or partial condemnation) in a manner other than that specified in the Gov rning
Docurments; (xiv) any action to terminate the le�a] status of the Condominium after subs antial
destru�tion or condemnation occurs; or (xv) any provisions that expressly benefit E igible
Mortg�gees,or insurers or guarantors of mortgages.
,
15.2 Consent to Certain Actions. Subject to Declarant's rights under Sectio , the
writte consent of Eligible Mortgagees representing at leasT sixty-seven percent of the Uni that
are su ject to first mortgages held by Eligib(e Mortgagees {based upon one vote pe Unit
financ d} shall be required to (i) abandon or terminate the Condominium; (ii} chan e the
allocat ons of voting rights,Common Expense obligations or interests in the Common Ele ents;
{iii) p rtition or subdivide a Unit except as permitted by statute; {iv) abandon, pa ition,
subdiv de, encumber, or sell any Common Elements; or {v) use hazard insurance procee�s for
other t an the repair,replacement or reconstruction of the Property,except as otherwise pr vided .
by law
15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided witho t the
prior ritten approvai of the Owner and Eligible Mortgagee thereof,and the Association,
' 15.4 No Ri�ht of First Refusal. The right of an Owner to sell, transfer, or oth rwise
convey}his or her Unit shall not be subject to any right of first refusal or similar restrictions.
' 15.5 Prioritv of Lien. Any Person who comes into possession of a Unit by forec sure
of the 'first mortgage on a Unit, or by deed or assignrnent in lieu of foreclosure of th first
mortg e on a Unit, takes the Unrt free of any claims for unpaid Assessments ar any other
charge or liens imposed against the Unit by the Association which have accrued agains such
Unit p ior to the acquisition of possession of the Unit by said Person; (i) except as provi ed in
. � Sectio 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges m y be
realloc ted among all Units in accordance with their interests in the Common Elements. �
15.6 Prioritv of Taxes and Other Charees. All taxes, assessments and charges hich
may b come liens prior to the first mortgage under state law shall relate only to the indi idual .
Units d not to the Property as a whole. '
! 15.7 PrioritY for Condemnation Awards. No provision of the Governing Docu ents
shall g ve an Owner, or any other party, priority over any rights of the Eligible Mortgagee f the
Unit p rsuant to its mortgage in the case of a distribution to such Owner of insurance proce ds or
conde nation awards for losses to or a taking of the Unit and/or the Common Elements. The
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Assoc6ation shall give written notice to all Eiigible Mortgagees of any condemnation or e inent '
domai� proceeding affecting the Property promptly upon receipt af notice from the conde ning
authoriry.
15.8 Re�uirements for ManaEement AQreements. The term oF any a�reeme t for
� profes ional management of the Property shall not�exceed two years. Any such agreemen shall �
prov: e for terminatian withaut per,alty cr terminatian fee by either party as iollows: (i with
cause, upon a minimum of thirty, and a rnaximum of forty-five, days prior written notice and,
(ii)wi hout cause,unon a minimum of sixty days prior written notice. .
� 15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institu ional
insure or guarantor of a mortgage loan against a Linit, sha}l have the right to examine the ooks
and r ords of the Association upon reasonable notice, during norma! business hours, a d to -
receiv free of charge, upon written request, copies of the Association's annual reports and other !
financ�al statements. Financial statements, including those which are audited, shall be ava lable
within one hundred eighty days after the end of the Association's fiscal year. FNMA, o any
. Eligib�e Mortgagee, institutiona7 gaarantor or insurer of a mortgage loan against a Unif, may
requir� that, at its own expense, an audit of the Association's financial statements be ma e for
the pr ceding year, in which case the Association shall cooperate in having an audit made nd a .
copy g�ven to the requesting party.
, 15.1d Notice Requirements. Upon written request to the Association, identifyin the
' name nd address of the holder, insurer or'guarantor of a mortgage on a Unit, and the Unit
numbe or address,the holder,insurer or�uarantor shall be entitled to timely written notice f:
i I 5.i 0.1 a condemnation loss or any cas�alty]oss which affects a materia!p rtion
''of the Property or the Unit securing the mortgage;
, 15.10.2 a sixty day delinquency in the payrnent of Assessments or charges wed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance p licy
maintained by the Association;and
15.10.4 a propased action which requires the consent of a specified percenta e of
, Eligible Mortgagees.
, SECTIOIV lG
, SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditiona] authority to exercise the follo ing
special I,Declarant rights within the meaning of Section S I SB.l-]03(32) of the Act for as lo g as
it owns a Unit,or for such shorter period as may be specifically indicated:
I b.] Complete lmprovements. To complete each Building, Unit, and ther
improv ments indicated on the Plat, or otherwise incladed in Declarant's development pla s or
MPLS-Wo d 95281.I 1 3b
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allow d by this Declaration, and to make improvements in the Units and Common Elem nts to '
acco modate the exercise of any special declarant rights.
16.2 RiQhts to Relocate Boundaries, Subdivide Convert or Combine Units. To {i)
reloc e the boundanes of any Unit owned by it, or (ii} create additional Units, mmon
Elem nts, and Limited Common Elements, or any combination thereof, by the subdi ision,
partiti n, conversion, or combining of any Unit or Unifs owned by it, as authorized by t e Act.
The aximum number o#'additional Units that may be created within the Condominium p rsuant
to thi Section 16.2 is 5.
16.3 Sales Facilities. To consttvci, operate, and maintain one or more than one odel
Unit, and other development, sales, and rental facilities within the Common Element , and
withi any Units owned or leased by Declarant from time to time, located anywhere n the .
Prope
I6.4 Si�ns. To erect and maintain signs and other sales displays offering the U �its for
sale o lease,w�thin any Unit owned by Declarant and on the Common Blements.
� �
i 6.5 Easements. To have and use easements, for Declarant, Declarant's emp yees,
cont ctors, representatives, and agents and prospective purchasers, through and ov r the
Com on Elements for the purpose of exercising its special declarant rights. �
I 16.6 Control of Association. To control the operation and administration f the
Assoc'ation, including without limitation the power to appoint and remove the members of the
Board pursuant to Section S 15B.3-I03 of the Act, un�il the earliest of: (i) voluntary surre der of
contr 1 by Declarant, {ii) an Association meeting which shal] be held within sixty day after
conve ance ta Owners other than Declarant of seventy-five percent of the total number o Units
autho �zed to be included in the Property, or (iii) the date three years following the date of the
.first c nveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoi g, the
Owne s other#han Declarant shall have the right to nominate and elect not less than thirt -three �
and o e-third percent of the directors at a meeting of the Owners which shadl be held withi sixty �
days oilowing the conveyance by Declarant of fifty percent of the total number of Units +
autho ized to be included in the Property. �
]6.7 Consent to Certain Amendments. Declarant's written consent shall be re uired
for an amendment to the Governing Documents or the Rules and Regulations which dire tly or
indire tly affects Declarant's rights under the Governing Documents or the Act.
;
SECTION 17 I
�
MISCELLANEOUS
� 17.L . Severabilitv. If any term, covenani, or provision of this instrument or any xhibit
attach d hereto is held to be invalid or unenforceable for any reason whatsoever, such
dete ination shall not be deemed to alter, affect, or irnpair in any manner whatsoever an other
portio of this Declaration or exhibits attached hereto. �
17.2 Construction. Where applicable, the masculine gender of any word used erein
s�alt ean the feminine or neutral gender, or vice versa, and the singular of any wor used
herein shall mean the plural, or vice versa. References to the Act, or any sections thereo shall
MPLS-� rd 95281.11 37
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be dee�ned to include any statutes amending or replacing the Act, and ihe comparable se tions
thereof�
17.3 Tender of Claims. In the event that any incident occurs which could reaso ably
give ri e to.a demand by the AssociaTion against Declarant for indemnifcation pursuant o the
. Act, th Association shall promptly tender the defense.of the aetian to its insurance carrie , and
_ �ive D clarant (i) written natice of such tender, (ii} written natice of the specific nature f the
action, nd(iii)an opportuniry to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Goveming Docume ts or
the Ac all notices required to be given by or to the Association, the Board, the Assoc tion
officers� or the Owners or Occupants shall be in writing and shall be effective upon hand
delive�7�', or mailing if properly addressed with postage prepaid and deposited in the U ited
States rhail; except that registrations pursuant to Section 2.2 of the Bylaws shall be eff tive .
upon re�eipt by the Association.
7.5 Conflicts Amon� Documents. In the event of any conflict among the provi ions �
of the ct, this Declaration, the Bylaws, and any Rules or Regulations, the Act sha]I co trol
unless i permits the documents to control. As among this Declaration, the Bylaws, and any
Rules a d Regsalations, this Declaration shall control. As between the Bylaws and any Rule and
Regulat�ons,the Bylaws shall controL
7.6 Duration of Covenants_ The covenants, conditions,restrictions, easements, 1 ens,
and ch ges contained in this Deciaration shall be perpetuat, subject only to terminatio as
provide in this Declaration and the Act.
IN WiTNESS WHEREOF, the undersigned has executed this instrument the day a �
year firs set forth above.
O.C. D VEL
By
Its ie an er '
STATE�JF MINNESOTA )
) ss. •
COUNT�'OF a1�►'t. }
T�he foregoing instrument was acknowledged before me tris��day of �v ,
2007, b Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a Mmne ota
limited liability company,on behalf of said]imited liability company,
`� c .
V
No ublic
THI51N TRUMENT WAS DRAFTED BY:
Fredrick . Krietzman, Esq.
FELHA ER, LARSON, FENLON & VOGT,P.A.
220 Sout Sixth, Suite 2200
Minneap lis, Minnesota 55402 SCOTTLKRYNSKI . .
{612) 37 -8418 HOTARYPUBUC-�tu�'iA ,.;.
MY COMf�ISSfON fl(PIEiE5,tApL 31,20tD �
MPLS-Word 5281.It 38
i
i
. -
.i. • r�
� v �
COMMON INTEREST COYIMUNITY NO. ]578 y
Condominium
ST4NEBAY OF ORONO CONDOMINIllM '
� EXH:BiT A TO DECLARATIQN
UNDERLYING LEGAL DESCRIPTION OF THE PROPERTY
Lot 1,Block 1,Stonebay Second Addition, Hennepin Counry,Minnesota. ,
(
n�P�s- a�a9s�s�.�► 39
,
. .
.s+ _,�a . � � . .
s, " .
i , �
COMMON INTEREST COMMUNITY I�iO.NO. 1578 i � �
Condominium
I
STONEBAY OF ORONO CONDOMINIUM I
� EXHIBIT B TO DECLARATION �
�SCHEDULE OF UNITS,AND ALLOCATION OF C�MMON EXPENSES � ,
UNDIVIDED INTERESTS 1N THE C�MMON ELEMENTS �
I
Allocation oi Common Expenses and
nit Identifier Undivided Interests in the Common Elements
1O1 1/57
I
i 102 . 1/57 �
103 1/57 �
104 1/57
]OS l/S7
106 ]/57
107 1/57
]0$ 1/57
109 1/57 j
110 1/57 �
111 1/57
112 1/57
� 113 1/57
. 114 1/57 �
115 1/57
I I16 1/57 j
117
U57
L I g ]/S']
201 1/5? �
202 1/57 .
203 1/57
?04 I/57 I
205 - 1/57
� 206 1/57 I
207 t/57
� 208 1/57
209 1/57 I
zia iis�
z�i �is�
212 1/57
MP -Word 9528L1 l 4� -
► �-
h �
' � i
' I
�
Allocation of Common Expenses and "
U it Identifier Undivided Interests in the Com�reon Elements �
213 1/57
214 . i/57
215 -1/57
216 1/57 '
2l7 ' 1/57
218 1/57 ' �
. �
2l9 1/57 I
220 1/57 . i
301 I/57
302 1/57
303 1/57 ;
, 304 U57
305 1/57
30b 1/57
307 . �
1/57
308 1/57
309 U57
3l0 . 1/57
311 1/57 -
312 . 1/57
3l3 I/57
3 t4 1/57
315 ]/57
316 ' l/57
3I7 � 1/57
318 l/57
319 ]/57 �
TOTAL: 57/57{100%)
I
MPLS-Wo 95281.11 �l
I
*� � e,., �
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:.
COMMON IN7'LRES'1'COiVIR1UNl'['Y NO.NO. 1578
Cond��miniune •
STONEI3AY Or OHON4 CONllON1.l�iIUM
CONSEN'f BY MQR'1'GA�N:E �
�The undersigned (the "Martgagee") is a n�ortgagee of portions oT'tl�e reai pro erty
describ�ed in the attached Declaration of Stonebay of Orono Condo�niniuit� (the "Ueclarati n").
I�lortga�ee hereby consents to this Declaration; provided, tl�at by consenting to the Decla ion,
(i) Mo�tgagee does.not in any manner constitute itseli'or obligate itselfas a Declarant as de i��ed
in'the �eclaration, (ii) such consent does not modiCy or �mend the teiv3s and conditions o ihe
Mortga�gee's mortgage and related ioan document�s, and (iii) such �nortbage shall remain as a lien
on the�property descr'sbed therein, prior to any lietis in�poscd under che Declaratioti,until rele sed
or satis�ed.
the�'l1Y(�WITNESS WHERE F, the Mortgagee has caused this Cansent to be execute on
--_day of s� _, 2pp7, .
�
�i . 1�IA1NS7'REE'!' BANK
' B
��: -
STATE OF MINNESOTA ) .
' ) ss. .
COUNTY OF�zL�_ �
� The foregoing instrwnent was acknowledged befare nie this -te� da of
__��, ZOO�, bY �lGL•/77cr�R.-► �, ihC � �/� U/�P OF
Mainstneet Bank,1 Minnesota bank corporation,on bcl�alf of said entily. P.�'r�'
, �J ' '
=Notary Public .
TH1S 11�ISTRUMENT WAS DRAFTF'D }31': �
Fredrick R. Krietzman, Esq. '
FEL�-iA�BER, LA`fZSON, FENLON & VOG"i', P.�1. SCOTTLKRYNSIq I
220 Sou�th Sixth, Suite 2200 NOTARYPUBuc-idiNNESOiA
• AiY OOMMI5SI0lJ EXPWES JAN.31,26i0
Mini�ea olis, Minnesata 55402 '
(612)3 3-8418 .
Mrt.s-wa vsixt.i r ,
42 ,
i
I
----- _ --- —.. i -----
,.- �••
� , , � ..
, .
COMMON INTEREST COMMUNITY NO.NO.1578 `
� Condominium .
' STONEBAY OF ORONO CONDOMINIUM
' CONSENT BY MORTGAGEES
e undersib ed (the "Mortgagees") are mortgagees of portions of the reai pro erty .
describ d in the attached Declaration of Stonebay of Orono Condominium (the "Declarati n").
Mortga ees hereby consent to this Declaration; provided, that by consenting to the Decla tion,
(i) Mo gagees do not in any manner constitute themselves or obligate themselves as Decl nts
as defi ed in the Declaration, (ii) such consent does not modify or amend the terms and
conditi ns of the Mortgagees' mortgage and related loan documents, and (iii) such mo gage
shall r main as a lien on the property described therein, prior to any liens imposed unde the
�ecla tion,until released or satisfied.
N WITNESS WHEREOF, the Mortgagee has caused this Consent to be execut d on
the �h day of I��-�-�c.c_s �" ,2007.
��, • .�
, Dave
"""! .
Ra dy Koch
STAT�OF MINNESOTA ) �
) ss.
COUN Y OF �� � �`� )
The regoing instrument was acknowledged before me this /��"� da of
�� w �' ,2007,by Dave Koch and Randy Koch.
�*'^'�, ROBERTKBUSS /� " �� 2 o bi�
�'IatarY PubYc ` � � �k,s s-
��, �IS
�,�,��,�� p�o Notary Public ,y,y c o w-�--��r "^
.���,,-�- �l3 �ld�� U
THIS I STRUMENT WAS DRAFTED BY:
Predric R. Krietzman,Esq.
FEL BER, LARSON, FENLON &VOGT, P.A.
220 So th 5ixth, Suite 2200
Minne polis,Minnesota 55402
(6l2)3 3-8418 ,
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