HomeMy WebLinkAboutCondominium Declaration .. .--- -�--t----- -
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Doc No 90T755012/20/2007 08:07 AM
� Certified filed and or recorded on above date: .
Office of the County Recwder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TranslD 363307 Dep ty 26
. Fees
_ $35. 0 DOC
$i0. 0 SUR
' $45. 0 PLT
S8 THB CIC PLAT FIGED J►S $10. 0 SUR
Pa�T OF THis DECLARATLON $102 00 Total
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TAXPAYER BERVlCES •
TRAN9FEA EN7ERED �
DEC I � 2Q07
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(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO. 1578
Condominium �
STONEBAY OF ORONO CONDOMINIUM !
DECLARATION i
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' � This Declaration is made in the county of ' , state of Minnesota, o this
��day of�}'Lr.�jvt5� , 2007, by O.C. Development LC, a Minnesota limited li bility .
comp y {the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter l5$,
know as the Minnesota Common Interest Ownership Act (the "Act"), for ttte purp e of
creati g Stonebay oF Orono Condominium as a condominium under the Act.
� I WHEREAS, Declarant is the owner of certain real property located in Heruiepin C unty,
Minne�ota, legally descrihed in Exhihit A attached hereto, and Declarant desires to submi said
real p�operty and all improvements thereon (collectively the "Property") to the Act as a
candominium,and
' WHEREAS, Declarant desires to establish� on the Property a plan for a perm nent
reside tial community to be owned, occupied, and operated for the use, heafth, sa#'ei and
welfar of the Owners and Occupants, and for the purpose of preserving the value,the stru tural
. qualit , and the origina!architectural character of the Property,and
WHEREAS, the Property(i) is not subject to a master association as defined in th Act;
(ii) is not subject to an ordinance referred to in Sectian 5!SB.I-I06 of the Act, gov ing
conve sions to common interest ownership; and(iii} does not include any shoreland as defi ed in
Minne ota Statutes Section 143F.205.
THEREFORE, Declarant subjects the Property to this Declaration under the ame
"Ston bay of Orono Condominium," consisting of the Units referred to in Section 2, dec aring
that th's Declaration shall constitute covenants to run with the Property, and that the Pr perty
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shall e owned, used, occupied, and conveyed subject to the covenants, restrictions, ease ents, �
charg s, and liens set farth herein, all of which shalt be binding upon all Persons own ng or
acqui ng any right, title, or interest therein, and their heirs,personal representatives, succ ssors,
and as igns.
� SECTION 1 -
� DEFINITIONS
The fo�lowing words when used in the Governing Documents shali have the following me nings �
(unles the context indicates otherwise):
1.1 "Act" means Minnesota Statutes Chapter S�lSB, known as the Minc�esota ,
Common Interest Ownership Act,as amended. I
12 "Assessments" means and refers to all assessments levied by the Assoc ation
pursuant to Section 6 and pursuant to the Act, including,but not limited to,a nual
assessments,special assessments, and limited assessments.
I.3 "Association" means the Stonebay of Orono Condominium Associati n, a
nonprofit corporation which has been created pursuant to Minnesota St tutes
- Chapter 317A and Section S15B.3-lal of the Act, whose members consist f all
Owners.
� i.4 "Board" means the Board of Directors of the Association as provided for.i the
Bylaws. � �
1.5 "Buildin�e" means each structure which is or becomes a part of the Propert� and
which contains at least one Unit.
;1.6 "Bvlaws" means the Bylaws governing the operation of the Associatio , as
amended frorn time to time.
� 1.7 "Citv"means the city of Orono, Minnesota.
1.8 "Common Elements" rneans all parts of the Property except the Units, including
all improvements thereon. I
.9 "Common Expenses" means all expenditures made or liabilities incurred by r on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Goveming Docnments
.10 "Condominium" means the condominiam created.by this Declaration and kn wn
as Stonebay of Orono Condominium,
.I 1 "Declarant Control Period" means,the time period during which Declarant ha the
exclusive right to appoint the members of the Board,as described in Section L .
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1.12 "Eli�ible Mort�aQee" means any Person which owns a first mortgage on � Unit ' �
and which has requested in writing that the Association notify it regardin any
proposed action which requires approval by a specified percentage of El gibie
� Mortgagees.
1.13 "Governin� Documents" means this Declaration, the Bylaws, and the Artic es of
lncorporation of the Association, as those docurnents may be amended fro time
to time,all of which shall govern the use and operation of the Property.
', 1.14 "Limited Common Elements"means a portion of the Common Elements all cated
by this Declaration or by operation of Section S 15B2-102(d) or(fl of the Act for
the exclusive use of one or more but fewer than a11 of the Units.
II 1.15 "Member"means a Person who is a member of the Association by virtue of eing �
I an Owner as defined in this Declaration. The words"Owner"and"Member rr3ay
be used interchangeabiy in the Governing Documents.
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1.16 "Occupant" means a Person,other than an Owner,in possession of,or residi g in,
a Unit. .
I_17 "Owner" means a Person who owns a Unit, but excluding a contract for�deed
vendors,a moRgagee, a holder of a remainder interest or a reversionary inte st in
Ia life estate, and any other secured parties within the meaning of the Act. The . .
. term "Owner" includes, without limitation, a contract for iieed vendee, nd a
holder of a life estate.
1.18 "Person"means a natural individuat, a corporation, a]imited liability comp ny, a
partnership,a trustee,or other legal entity capable of holding title to real pro erty.
1.]9 "Plat" means one or more than one recorded plat depicting the Property pu uant
, to the requirements af 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 suppiemental Plat recorded from time to ti e in
i accordance with the Act.
1.20 "PropertY' means aIl of the real property subjected to this Declaration,now or in
the future, including all structures and improvements located thereon. The
Property is legally described in Exhi.bit A attached hereto.
1.21 "Rules and Re�u3ations" means the Rules and Regulations of the Associatipn as
approved from time to time pursuant to Section 5.6. �
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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 rnore than one room or enclosed space designe and
intended for separate ownership and use, ali as described in Section 2 and s own
on the PEat.
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The te I s used in the Governing Documents, and defined in the Act and not in this Section shall '
have t e meaning set forth in the Act. References to section numbers in this Declaration shall
refer t sections of this Declaration,unless otherwise indicated,
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to sub ivide
and ca vert Units pursuant to Section 16. A1S Units are restricted exclusively to residenti 1 use. �
Each nit constitutes a separate parcel of real estate_ No portion af a Unit shall be transfe ed or
I otherw se conveyed apart from any other portions of a Unit. Subject to Declarant's ights
pursua t to Section l6, no additional Units may be created by the subdivision or convers on of
Units ursuant to Section S 15B.2-112 of the Act. The Unit identifiers and (ocations of the Units
are as hown on the Plat, which is incorporated herein by reference. A schedule of the U its is �
set fo in Exhibit B attached hereta j
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfi ished
surfac s of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling te ture,
� tiles, oor coverings, and other finishing materials adhered to the interior of the Unit boun aries
shall b a part.of the Unit; provided, that any load bearing portions of any interior or peri eter
walls, olumns; ceilings, or floors, and any common utiIity lines, pipes, ductwork, mech ical,
electri al, or plumbing systems, or other common facilities serving mor.e than one Uni , but
locate in or passing through a Unit, shall be Common Elements. The boundaries of eac Unet
shall a so extend along the inside unfinished surfaces of ihe Unit's perimeter doors and win ows,
and th�ir frames, and said perimeter doors, windows, and frames, and their hardware, sh 11 be
deeme to be Limited Common Elements appurtenant to such Unit. Subject to this Secti and
Sectio 3, all spaces, interior partitions, and other fixtures and improvements withi the �
bound ries of a Unit are a part of the Unit.
2.3 Apgurtenant Easements. The Units and the Common Etements shail be sub ct to
� and be�efited by the easements described in Section 12. i
SECTION 3 I I
COMMON EL�MENTS, LIMITED COMMON ELEMENTS, �
AND OTHER PROPERTY
3.l Common Elements. The Common Elements, and their characteristics re as
. follow�:
3.1.1 AlI of the Property not included within the Units constitutes Co mon
Eiements. T'he Common Elements include those parts of the Property designa d as
Common Elements in this Declaration,on the Plat,or in the Act;
3.1.2 The Common Elernents shall be subject to (i) certain easement and
restrictions as described in this Declaration and any other easements recorded agai st the
Common Elements; (ii) the rights of Owners and Occupants in Limited Co mon
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Elements appurtenant to their respective Units; and {iii) the right of the Associat on to . �
establish reasonable Rules and Regulations governing the use of the Property; i
3.l.3 Except as oiherwise expressiy provided in the Governing Docume ts, (i)
no improvement, modification, construction, or change of the Common Elements shali
take place by an Owner or Occupant without prior written authorization by the Boa d and
(ii)all maintenance,repair,replacement,improvement, management,a�ii operation f the
Common Elements shall be the respansibilizy of the Association;and
3.1.4 Common Expenses for the maintenance, repair, replac ment,
management, and operation of the Cammon Elements shall be assessed and col ected
from the Owners in accordance with Section 6_
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3.2 Limited Comrnon Elements. The Limited Common Elements are those p rts of '
the C mmon Elements reserved for the exclusive use of ihe Owners and Occupants of the Uniis '
to whi h they are allocated, as described in this Declaration and the Act. The rights to t e use
and e joyment of the Limited Com�non Elements are automatically c�nveyed wi the .
conve ance of such Units. The Limited Common Elements are described and allocated o the
Units s follows:
3.2.I Those items or areas designated as Limited Common Elernents on t e Plat
or by the Act are allocated as indicated therein.
3.2.2 lmprovements, if any, such as�decks, patios, porches, balconies, sh tters,
awnings, perimeter windows and doors, window screens, window boxes, sleev s and
� fittings surrounding window air conditioning units, chimneys, driveways, alks,
doorsteps and stoops, constructed as part of the original construction to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to S ction
7.14, located wholly or partially outside the Unit boundaries, are aliocated exclusi ely to
the Unit or Units which they serve.
3_2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
installations, bearing walls, bearing columns, or any other components or fixture lying '
partially within and partially outside the boundaries of a Unit, and serving only tha Unit,
. are allocated to the Unit which they serve. Any portion of such installations se ing or
affecting the function of more than one Unit or any portion of the Common Eleme ts 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 o more
than one Unit, and located wholly or partially outside the boundaries of one or mo e than
one Unit, are Limited Comman Elements allocated to each Unit served b, such
equipment.
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SECTION 4 •
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS �
'Membership in the Association, and the allocation to each Unit of a portion of the votes
in the ssociation, a.portion of the Cammon Ex�enses, and a portion of the undivided in erests
in tne ommon Eiements, sball be governed by the fallowing pratiisions:
4.] Membershit�. Each Owner shall be a Member solely by reason of owning Unit,
and th membership shall be transferred with the conveyance of the Owner's interest in th Unit.
An O ner's membership shall terminate when the Owner's ownership terminates. When more
than o e Person is an Owner of a Unit,al! such Persons shall be members of the Associati n,but '
multip e ownership of a Unit shall not increase the voting rights allocated to�such U iT nor '
autho ze the division of the voting rights. '
4.2 Allocation of Votin Ri hts Common Ex enses and Undivided lnt rests. �
Com on 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 under i
Sectio s 6.4. Each Unit shall have one vote with respect to matters in which the Own rs are
entitle to vote.
. 4.3 Aapurtenant Ri�hts and Obli ations. The ownership of a Unit shall inclu e the
voting rights and Cammon Expense obligations described in Section 4.2. Said righ s and
. obliga ions, and the title to the Units, shall not be separated or conveyed separately, a d any
conve'ance, encumbrance, judicial sale or other transfer of any allocated in#erest in a Unit,
separa e from the title to the Unit shall be void. The allocation of the rights and obli tions
descri ed in this Section may not be changed, except in accordance with the Gov rning
Docu ents and the Act. �
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as proxy !
on be alf of the Owner,and who need not be an Owner, may cast the vate allocated to suc Unit
at me tings of the Association. However, if tf�ere.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
votin rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
. ADMINISTRATION
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The administration and operation of the Association and the Property, including, ut not
limite ta, the acts required of the Association, shall be governed hy the foltowing provisio s:
5.1 General. The operation and administration of the Association and the Pr perty
shall e governed 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 Docume s and
the A t, be responsible for the operation, management, and control of the ProFerty. 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 n the Board, unfess action or approval by the individual Owners is specifically req ired -
by the Goveming Documents or the Act. All references to the Association shall mea the
Associ tion acting through the Board,unless specificatly stated to the contrary. ,
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.2 Operational Purposes_ The Association shall operate and manage the Propert�for
the pu oses�of{i) administerin� and enforcing the covenants, restrictions, easements, cha�ges, .
and lie s�set forth in the Governing Documents and the Rules and Regulations, (iij maintai ing,
repairi g, and replacing those portions of the Property and ather property fbr w�ich it is
respons�ble, and (iii} preservin� the value, and the aschitectural uniformity and character, o the .
Propert .
3 Bindin� Effect af Actions. All agreements and determinations made b the
Associ tion in accordance with the powers and voting rights established by the Gove ing
Docum�nTs or the Act shall be binding upon al] Owners and Occupants,and their lessees, g sts,
heirs, p�rsonal representatives, successors, and assigns, and all secured parties as defined i the
Act. �
.4 Bvlaws_ The Association shall have Bylaws. The Bylaws shall gove the
operati n and administration of the Association, and shail be binding on all Owners and
Occup ts.
.5 Mana�ement. The Board may delegate to a manager or managing agen the
manag ment duties imposed upon the Association's offcers and directors by the Gove ing
Docum nts and the Act. However,such delegation shal! not re4ieve the officers and directo s of
the ulti ate responsibility for the performance of their duties as prescribed by the Goverj�ing
Docum nts and by law. �
.6 Rnles and Regulations. The Board shall have exclusive authority to approve and
imple 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 reguiating th use
of the roperty; provided, that the Rules and Re�ulations shall not be inconsistent wi the
Govern ng Documents or the Act. The inclusion in other paRs of the Governing Documen of
authoridy to approve Rules and Regulations shal] be deemed to be in fuRherance, and n t in
limitatipn,of the authority granted by this Section. New or amended Rules and Regulations hall
be effe tive only after reasonable natice thereof has been given ta the Owners.
.7 Associa.tion Assets; Surplus Funds_ All funds and real or personal pro erty
acquire by the Assaciation shall be held and used for the bene�t of the Owners for the purp ses
� stated i the Goveming Documents. Surplus funds remaining after payment of or provisio for
Comm n Expenses and reserves shall be credited against future Assessments or adde to
reserve , as determined by the Board.
.8 Resale Disclosure Certi#icates. Pursuant to Section S 15B.4-107 of the Act, i the
event o a resale of a Unit by an Owner other than Declarant, that Owner shall furnish t -the
purcha er a resale disclosure certificate containing the information required by Section 515 .4-
107(b) f the Act. Pursuant to Section S15B.4-107(d) of the Act, the Association shall, w thin
ten da (or within such other relevant timeframe set forth in the Act) after a request b an
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Associ tion may charge a reasonable fee for furnishing the resale disctosure certificate an any
docum nts related thereto.
SECTION b
ASSESSMEN�'S �
6.1 General. Assessments shali be determined and assessed against the Units y the •
Board,in its discretion, subject to the requirements and procedures set forth in this S�cfion and
the By aws. Assessments shall include annuai Assessments under Section 6.2, and may in lude
special'Assessments under Section 6.3 and limited Assessments under Section 6.4. Annu 1 and
special Assessments shall be allocated among the Units in accordance with the allo ation
formul� set forth in Section 4.2. Limited Assessments under Section 6.4 shal! be alloca d to i
Units set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied the
Board, subject to the limitations set forth hereafter. Each annua( Assessment shall cover 11 of
the ant cipated Common Expenses of the Association for that year which are to be shared e ually
. by ail nits in accordance with the al{ocation set forth in Section 42. Annual Assessments shall �
be pay ble in equal monthfy or quarterly installments, as determined by the Board. A nual
Assess ents shall provide, among other things, for an adequate reserve fund for the replac ment
of thos parts of the Common Elements and those parts of the Units for which the Associat on is
respon ible,except to the extent that the replacement is funded by limited Assessments pu uant
to Sec ian 6.4. Until the first annual Assessment is levied, Declarant shal! pay a}I Co mon
Expen es.
, 6.3 Special Assessments. In addition to annual Assessments, and subject t the •
limitat'ons set forth hereafter, the 8oard may levy in any Assessment year a special Asses ment
agains�all Units in accordance with the allocation set forth in Section 42. Among other t ings,
special�Assessments shal] be used for the purpose of defraying in whole or in part (i) the c st of
any u�pforeseen and unbudgeted Common Expense, {ii) general or specific reserve for
mainte{�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 property related thereto
6.4 Limited Assessments. In addition to annuai Assessments and s ecial
Assess ents,the Board has the authority to(and, in certain instances set forth in this Sectio 6.4,
shall) evy and allocate limited Assessments among only certain Units in accordance wit the
follow g requirements and procedures:
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6.4.i Any Common Expense associated with the maintenance, repai�, or
replacement of a Limited Common �lement shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally ar by th cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than al] 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 Boa has �
the authority to {and, in certain instances set forth in this Section 6.4, shafl) lev and
' allocate iimited Assessments among only certain Units in accordance with the foll wing
requirements and procedures.
. 6.4.4 The costs af insurance ma�be assessed in proportion of the square fo tage
or actual cost per Unit. -
I� b.4.5 Reasonable attomeys' fees and other costs incurred by the Associati n in
connection with (i) the coltection of Assessments and (ii) the enforcement o the
Governing Docurr3ents, the Act, or the Rules and Regulations, against an Own r or
�Occupant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, .fines, and interest may be assessed as provid d in
Section l4.
6.4.7 Assessments levied under Section S15B.3-llb(a} of the Act to ay a
'udgmeni against the Association may be levied only against the Units existing t the
time the judgment was entered, in propartion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused y the
act or omission of any Owner or Occupant, or their guests•or 'rnvitees, the Assoc ation
� may assess the costs of repairing the damage, or any increase in insurance rates di ectly
attributable to the Act or omission,exclusively against the Owcaer's Unit to�the exte t that
- the damage is not covered by insurance.
6.49 If Common Expense liabilities are reallocated for any purpose auth rized
by the Act, Assessments and any installment thereof not yet due shall be recalcula ed in
accordance with the reallocated Common Expense liabilities �
Assess ents levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretio , be
assesse�as a part of,or in addition to,other Assessments levied under Section 6.I or 6.2: �
� 6.5 Workine Capital Fund. There shall be established a working capital fund to meet • �
unfore een expenditures or to purchase additionat equipment or services for the Associ tion. �
The B ard may include in each suhsequent annual budget a reasonable amount of wo king
capital hased upon the anticipated needs of the Association for the year in question. There shall
be con ributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each Unit
by De larant, an amount equal to four monthly installments of the estimated annua! Asses ment
for the Unit in the year of the sale. The contribution shall be paid at the earlier of(i)the ti e of
closin of sale of the Unit or (ii)the time of termination of the Declarant Control Period. The
conirib tions to this fund are in addition to the regular installments of annual Assessment , and
shal! at be a credit to the regular installments of annual Assessments levied again t the
respect�ve Unit. The funds shall be deposited into a s�gregated Association account no late than
the te ination of the Declarant Contro) Period. Funds deposited in said account shall t be
used t defray any of Deciarani's expenses, reserve contributions or construction costs, or to
make p any budget deficits during the Declarant Control Period. However, upon the closi g of
the ini 'al sale of a Unit, Declarant may reimburse itself from funds coilected from the purc aser
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at the losing for any prior contributions made by Dectarant to the working capita! fund with -
respect to that Unit.
6.6 Liabilitv of Owners for Assessmen#s. Subject to Section 6.7, the obligation pf an
Owner to pay Assessments shail commence at the �ater of (i) the time at which the Olwner
acquir title to the Unit or(ii) the due date of the first Assessment levied against ih�Unit y the
Board. The Qwner at the time an Assessment is payahle with respect to t�e Unit sh il be
person Ity liable for the share of the Common Expenses assessed against such Unit. Such
liabili shall be joint and severat where there are maltiple Owners of the Unit_ The Gabil'ty is
absolut and unconditional. No Owner is exempt from liability for payrnent of Assessme ts by
right o set-off, by waiver of use or enjo�nnent of any part of the Property, by absence fr m or
abando ment of t1�e Unit, by the waiver of any other rights, or by reason of any claim a ainst
Declar nt, the Association, or the Association's officers, directors, or agents, or for their f ilure
to fulfi�l any duties under the Governing Documents or the Act. �
I6.7 Declarant's Alternative Assessment Pro r� am. The following alte ative
Assess ent program is established pursuant to Section 515B.3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Docume ts, if
n Assessment has been�levied, Declarant may e]ect to have any unsold Unit owned by 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 certific te of
ccupancy or comparable City approval has been issued with respect to such Unit b the
itY
6.7.2 The provisions of Section 6.7.1 shall not affect the share af replace ent
eserves for Units owned by Declarant, which reserves must be funded by Decla t as
equired by Section S15B.3-1 ES of the Act. However, there are no assura�ces that
eclarant's reduced Assessment obligations will not affect the level of services for ther
'tems set forth in the Association's budget.
6.73 Declarant's reduced assessment obli�ation shall apply to each Unit o ned
by Declarant at the time that any Assessment is levied against the Unit, and hall
terminate with respect to each such Unit upon the issuance of a fina] certifica e of
pccupancy or comparable City approval for the Unit.
' 6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, ithin
ixty days following the termination 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 lier, on a Unit for any Assessment 1 vied
against that Unit from the time the Assessment becomes 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, fines, and interest charges imposed b the
Associ tion pursuant to Section S15B.3-]02(a)(10), (11), and (12} of the Act are liens, an are
enforce ble as Assessments, under this Section 6. Recording of this Declaration consti tes
record otice and gerfection of any lien vnder this Section 6, and no fuRher recordation o any
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notice pf or claim for the lien is required. The release of the lien shall not release the wner .
from p rsonai liability uniess agreed to in writing by the Association.
6.9 Foreclosure of Lien: Rerr►edies. A lien for Assessments may be fore losed
against'a Unit under the taws of the state of Minnesota(})by action,or(ii) by advertiseme t in a .
like m nner as a mortgage containing a power of sale. The Association, or its auth rized
- repres tative, shal! have the power to bic� in at the foreclosure sale and to acquire, hold, ease,
mortga e, and canvey any Unit so acquired. The Owner and any other Person claimi g an
intere in the Unit, by the acceptance or assertion of any interest in the Unit, grants the
' Associ tion a power of saIe and full authority ta accomplish the foreclosure. The Assoc ation
� shall, i addition to its other remedies, have the right to pursue any other remedy at !aw or in
equity gainst the Owner who fails to pay ariy Assessment.or charge against the Unit.
� 6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other lie s and
encum rances on a Unit except{i) liens and encumbrances recorded before this Declaratio , (ii)
any fi st mortgage on the Unit, anci (iii) liens for real estate taxes and other gove ental �
Assess ents or charges against the Unit. Notwithstanding the foregoing, if(i) a first mo gage
on a Unit is foreclosed, {ii) the first mort�age was recorded on or after the date of record ng of
, this D claration, and (iii) the Owner of the Unit does not redeem from the foreclosure duri g the ,
I Owne 's period of redemption provided by Minnesota Statutes Chapter 580, S8I, or 582 then
the ho der of the sherifPs certificate of sale from the foreclosure of the first mortgage shall take
title t the Unit subject fo a lien in favor of the Association for unpaid Assessme ts or
instali ents thereof levied pursuant to Sections 51 SB.3-1 l5(a), {e)(1) to (3), (fl, and (i) f the
Act w ich became due, withbut acceleration, during the six months immediaiely precedi g the
first 'y following the end of the Owner's period of redernption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessme❑ , a�d
other harges and fees which would norrr►ally be le�ied against the Common Eieme ts by
gove rnental authorities, shall be allocated equally among and levied against the Unit , and
shall a lien against each Unit in the same manner as a lien for real estate taxes and real estate
specia assessments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conv ance �
of a U it the huyer shall not be personally liable for any unpaid Assessrnents and other c arges �
made y the Association against the seller or the seller's Unit prior to the time of conveya ce t�
� the bu er, unless expressly assumed by the buyer. However, the lien of such Assessment sha11
remai against the Unit until released. Any seller or buyer shall be entitled to a statem nt, in
record ble form, from the Association setting forth the amount of the unpaid Assess ents
agains the Unit, including all Assessments payable in the Association's current fisca] year,
which statement shali be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and ail secured parties, by their acceptance or assertio of an
intere t in the Property, or by their occupancy of a Unit, covenant and agree that, in addi ion to
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any o er restrictions which may be imposed by the Act or the Governing Documen�, the �
occup�ncy, use, operation, alienation, and conveyance of the Property shall be subject o the
follow ng restrictions and conditions:
7.1 General. The Property shail be owned, conveyed, encumbered, leased, use , and
occupi d subject to the Governing Documents and the Act, as amended frarr� time to tim . All '
coven nts, restrictions, and obligations set forth in the Governing Documents are in furth rance
of a p an for the Properiy, and sha[1 run with the Property and be a burden and benefit to all
Owne s and Occupants and to any other Person acquiring or owning an interest in the Pro erty,
their h irs,personal representatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or con erted
i by De larant pursuant to Section 1b.2, a Unit may not be subdivided or converted by the wner
of the Unit into two or more Units, Limited Common Elements, Common Elements, r any
combi ation thereof Except as permitted by the Act, no part of the Common Elements ay be
subdi ided, partitioned, or converted without the prior written approval of all Owners a d all
secure parties holding first mortgages on the Units.
7.3 Residential Use. The Units shali be used by Owners and Occupants an their
guests exclusively as private, single famiiy residential dwellings, and not for transient, hotei,
corr►m rcial, business,or other non-residential purposes, except as provided in Section 7.4 Any
lease f a Unit (except for occupancy by guests with the consent of the Owner, and exc pt for
leasin of Units owed by Declarant) for a period of less than twelve manths ar any occ ancy
which includes services customarily furnished to hote[ guests, shall be presumed to e for
transi nt purposes. . .
7.4 Business Use Restricted. No business, trade, occupation, or profession f any
kind, hether carried ora for profit or otherwise, shall be conducted, maintained, or permi ted in
any U it or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
accupation in such Unit;provided, that such use (i) is incidental to the residential u e;(ii) �
does not involve physical alteration or improvement of the Unit visible from the e terior
of the Unit; (iii) is in compliance with all governmental laws, ordinance , and I
regalations; (iv) does not involve observable business activity such as signs, adve ising
. � displays, unusual numbers of deliveries, or unusual levels of pedestrian or ve icular
i traffic to and from the Unit; {v) does not involve employees, independent contract rs, or
consultants (other than the Owner or Occupant of the Unit}; and (vi) does not oth rwise
involve activity which disturbs the quiet enjoyment of the Property by other Ow ers or .
Qccupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other b siness
facilities on the Property in connection with the exercise of its special Declarant rig ts.
7.43 The Association may maintain offices on the Property for mana ment
and related purposes. �
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7.5 Leasin�. Leasing of Units shall be allowed (subject to reasonabte reguiati n by �
the A sociation) but only in accordance with the following conditions: (i) no Unit m y be
sublea ed, (ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shall be in
writin , (iv) unless otherwise required in connection with the financing,guarantee,or insur ng of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be for a
� , period less than tweive months, except for extenuaring situatior,s, (v) the lease shall provi that
it is s bject to the Governing Documents, the Rules and Regulations, and the Act, and th t any
failure of the lessee to comply with the terms of such documents shall be a default und r the
lease, nd (vi) prior to occupancy of the Unit by the lessee(s), the Association shall rec ive a
copy f the fuliy-signed lease along with a written]ist of the name and telephone number o each
Perso who will occupy the Unit under the lease, and the absentee address of the leasing ner.
The ssociation may impose such reasonabie Rules and Regulations as may be necess ry to �
imple ent procedures for the leasing of Units, consistent with this Section and applicabl law,
includ ng but not limited to{i}a requirernent for a form addendum to be attached to each 1 e to
assure that the rights and authority of the Association and Owners and Occupants are reco ized, '
and (i) a requirement for the screening of lessees through a reputable, professional scr ening
organi ation; provided,that such screening shall not violate federal, state, or local discrimi ation
iaws.
7.6_ Delegation of Use. An Owner's right of use and enjoyment of the Unit s ail be
autom tically delegated to other persons living in the Unit pursuant to a legal right of poss ssion;
provi ed, that such persons shall be subject to the Governing Documents and the Rul s and
Re�ul tions. Unless otherwise authorized in writing by the Board, if persons other th n the
Owt�e or the Owner's family (e.g., ]essees) 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.occapancy of the Unit in lieu of the wner
and t e Owner's family.
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� 7.7 Parking. There are ninety-five Common Element vehicle garage statls �
(colle tively the "Stalls," and individualiy a "Stall") in the lower level of the Building The '
Sta!]s and other parking spaces on the Property shall be used only for parking of vehicies wned
or 1 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 sto ge or
other urposes which would prevent the parking of a mid-size automobile in the Stall, ex ept as
autho 'zed in writing by the Association. The use of the Stalls, other parking space , and �
drive ays vn the Property, and the types of vehicles and personal property permitted ereon,
shall e subject to regulation by the Association, including, but not limited to, the right of the
Asso iation to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operati n and
trans r of the Stalls shalE be administered, in accordance with this Section 7.8. The fol owing
condi ions and restrictions shall govern the assignment, use,and transfer of the Stalls. ,
7.8.! The initial assignment of a Stall to a Unit shall be made by the Ass iation
as directed by Declarant at the time of the �rst canveyance of the Unit by De larant.
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 Stait Each
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Stall assigned by the Association shall be deemed to be licensed and assigned y the ,
Association to the Unit to which it is assigned. After all Units owned by Declaran have i
been conveyed, any unassigned StaIls shall be deemed to be assigned to the Associ tion,
and may be reserved for guests of Owners and Occupants, for handicapped parki g, or
for rental or assignment by the Association to Owners or Occupants,as determined y the
Board. The Association may, after DecIarant no longer owns any Unit, rent or o�h rwise
assign any unassigned Stalls to Owners or Occupants. .
7.8.2 The use rights with respect to each Stall shall be deemed to be lic�nsed
exclusively to the Owner of the Unit to which the Stall is assigned. The Associatio shall
maintain records identifying the Stalls, the Units to which they are assigned,the na es of
the Owners of the Units, and the dates of assignment and any reassignments. A ritten
certificate of garage stall assignment(the"Garage Certificate")shall be signed and dated �
on behalf of the Association and made available for delivery on� the date the wner
acquires title to the Unit to which the Stall is assigned. The Association sha l not.
unilaterally reassign any Stall assigned to a Unit, except for handicapped Stal1
assignments which may be unilaterally transferred by the Association to accom odate
legally handicapped persons.
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7.8.3 A Sta31 shall remain with the Unit to which is it assigned until the 1 cense
is transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, Stall
license may be transferred to another Unit,but only by first delivering to the Ass iation
(i) a written transfer certificate, in a form approved by the Association, signed y the
transferor and the transferee, and (ii) all prior Garage Certificates and copies ereof
issued with respect to the Statl. The Association shall review the proposed t nsfer
. certificate for compliance with this Section 7 and, if the transfer complie , the
Association shall transfer the license on its records to the Unit owned by tt�e tran fered
and issue a new Garage Certificate to the transferee. The Iicense to use the Stal sha(I
remain with the Owner and the Unit to which it is assigned until the license is tra feree
in accordance with this Section 7.8. In the absence of a properly executed assign ent to
the convary, the ]icense to use a Stall assigned to a Unit at the time of the nit's �
conveyance shait 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 h r Unit j
only to or by other Owners and Occupants_ The lease or other use right shali be in
� written form, and shall terminate when the (essor, lessee, or other user is no lon er an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agre ment
with respect to the Stall assigned to that Owner's Unit,and shall promptly provide copy
of the lease or use agreement to the Association The Association may hold,reassi n the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except or the
� Stalls reserved for use by Owners.
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7_8.5 The interest of a secured party holding a first lien or ottter secnrity i terest
on a Unit shall include the license to any Stal1 which is assigned to the Unit, a said
rights shall be included within the secured party's interest acquired in the eve t of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported tran fer of •
any interest in a Stali in violation of this Section 7.8 shall be void:
7.8.7 The use of the Stalis, and the size and types of cars and other mot rized
vehicles which.may be kept in a Stall, are subject to Rutes and Regulations as ap roved
, frem time to time by the Board.
7.9 Storage Spaces. There are ninety Common EIement storage spaces located in the
ltwer level of the Building (collectively the "Siorage Spaces," and individually a "S orage
Spaee'). The assigmnent of fhe Storage Spaces, and the operation and #ransfer of the S orage
Space , shall be administered in accordance with this Section 7.9. The following conditio s and
restric ions 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 y ihe
Association as directed by Declarant at the time of the first conveyance of the nit by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as di ected
by Declarant, assign to the Unit the exclusive right and license to use at least one S orage.
Space. Each Storage Space assigned by the Association shall be deemed to be li ensed
and assigned by the Association to the Unit to which it is assigned_ After all Units wned
by Declarant have been conveyed, any unassigned Storage Spaces shall be deeme to be
assigned to the Association. The Association may, after Declarant no longer o s any
Uait,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupa ts.
7.9.2 The use rights with respect to each Storage Space shall be deeme to be
� licensed exclusively to the Owner of the Unit to which the Storage Space is ass �ned.
' The 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 assignme t and
any reassignments. A written certificate of Storage Space assignment {the "S orage
Certificate") shali be signed and dated on behalf of the Association and made av ilable
for delivery on the date the Owner acquires tit[e to the Unit to which the Storage S ace is
assigned; provided, that the Owner has been assigned a Storage Space. The Ass iatian i
shal] not unilateralty 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 as igned
until the license is transferred in accordance with this Section 7.9.3. .Subject to S ction
7.9.2, a Storage Space may be transferred to another Unit, but only by first delive 'ng to
the Association (i) a written transfer certi�cate, in a forrn approved by the Assoc ation,
signed by the transferor and transferee, and (ii) atl prior Storage Certificates and opies
thereof, issued with xespect to the Storage Space. The Association shall revi the
proposed transfer for compliance with this Section 7.9 and, if the transfer compli s, the
Association shall transfer the license on its records to the Unit owned by the tra feree
and issue a new Storage CertiFcate to the transferee. The license to use the S orage
Space shall remain with the Owner and Unit to which it is transferred until the lic nse is
transferred in accordance with this Section 7.9. In the absence of a properly ex cuted
assignment to the contrary, the license to use a Storage Space assigned to a Unit at the
time of the Unit's canveyance shall be automatically assigned with the conveya ce of
title to the Unit.
MPLS-� ord 95281.1 I 1 5
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7.9.4 An Owner may rent or allow the use of ihe Storage Space assigned t his •
r her Unit only to or by other Owners and Occupants. The lease or other use right hall
e in written form, and shall terminate when the lessor, lessee, or other user is no 1 nger
n Owner or Occupant, regardless of the terms of any agreement to the contrary. The
. wner shall give the Association advance written notice of any lease or use agree ent
- ith respect to the Storage Space assianed to ihat Owner's Unit, and shail pro ptly
� prov'tde a copy of the lease or use agreement to the Association. The Association may
old, reassign the license for, or rent, a Storage Space assigned to it in the same m ner
s an Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security int rest
n a Unit shall include the license to any Storage Space which is assigned to the Unit and
aid rights shall be included within the secured paRy's interest acquired in the event af a
oreclosure of the lien or ather security interest.
7.9.6 Any license, lease, rental, assignment, transfer, or purported transf r of -
ny interest in a Storage Space in violation of this Section 7.9 shall be void_ .
7.9J The use of the Storage 5paces, 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.
.14 Animals. The Board shall have the exclusive authority#o regulate or prohibi, by �
' the R�l and Regulations;the keeping of animals an the Property; provided,that the Board ay
only pe it dogs (except Rottweiilers, Pitbulis, or poberman Pinschers), cats, small birds,s all
fish, an other animals generally recagnized as domestic household pets (collectively referr d to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulat or
rohibit pets on the Property, including, but not limited to,the type, size, and numb r of
ets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
'nconsistent with the Goveming Documents.
7.10.2 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 animai of any kind shall be raised or bred, or kept far busines or
ommercial purposes,by any Person upon any part of the Property. i
7.10.3 Pets shall not be allowed to make an unreasonable amount of noise, to
ecome a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shal( 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 Unit.
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� 7.1 Q.6 Owners and Occupants keeping pets within their Units are responsib e for -
' the pet's behavior and for complying with municipaI pet iaws,, ordinances, and
� regulations. An Owner is liable to the Association for the cost of repair of any dam e 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 an . -
Oc�upant 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)shalI al o be
liable for such costs,damages,and expenses.
I 7,i 0.7 The Hoard shall have authority to determine in its sole and abs lute
Idiscretion whether a particular pet shall be permanently removed from the Property ased
upon the pet's behaviar 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
estrictions appraved by the Board; provided, that such remova] shall be subje t to
Section 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner or a
faiiure to comply with any pet restrictions shall be an Assessment against the Ow er's
Unit.
, .1 t 4uiet Eniovment; lnterference Prohibited. Subject to Section 7.16, all O ners �
' and Oc upants and their guests shall have a righi of quiet enjoyment in their respective nits,
subject o the rights of other Qwners and Occapants to reasonable use of their respective nits
� and ihe usuat and customary sounds generated thereby given the mu]ti-family, apartrr�ent-�tyle
structur of the Building. Taking into consideration the nature of the Building stn�cture, Ov►f ners .
and Oc upants and their guests shall 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
enjoyrn nt of the Property by other Owners and Occupants and their guests.
.12 Comnliance with Law. No use shall be made of the Property which would vi late
any the existing municipat codes or ordinances, or state or federal laws and regulations, nor
shall ar�y act or use be permitted which could cause waste to the Property, cause a mat rial �
increase in insurance rates on the Praperty, ar otherwise cause any unusual liability, heal or j
safety riisk,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 Un t and except as otherwise provided in Section 8, no alterations (as defined in Sectio 8)
shall be made, or caused or allowed to be made, irr any part of the Common Elements,or in any
part of he Unit which affects the Common Elements or another Unit, or which is visible om
the ext ior of the Unit, without the prior written authorization of the Board, or a comm ttee
appoint d 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 soundne s or
safety o ihe Building, or any Building system, or other improvement located on the Propert ; or
{ii) inte ere with any easement affecting the Property.
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.14 Time Shares Prohibited. The time share form of ownership, or any compa able •
fonn o lease, occupancy rights, ownership, or right-to-use plans, which has the effe t of
dividin the ownership or occupancy of a Unit into separate time periods, is prohibited.
.15 Access to Units. ln case of emergency which constitutes an immediate and
� materia threat to the Property or to the health or safety of the Owners or Occupants, al! nits
and thel Limited Elements are subject to entry, without notice and at any time, by an offic r or
membe of the Board, by the Association's management agents, or by any public s fety
person ei. Entry is also authorized for maintenance purposes under Sections 9 and 13, an for
enforce ent purposes under Section 14. �
.16 Public Works Facilitv. The City's public works facility(the"Facility"}is lo ated
directly,to the west of the Property. The Facility is.used by the City for, among other thing , the
storage, inaintenance, and repair of trucks, plows, and other equipment owned and used b the
City. e Facility is operated by the City twenty-faur hours a day, seven days a week. iven .
� the clos proximity of the Facility to the Property, the Owners and Occupants and their in tees •
will be ubject to the sighis,sounds,lights,and smetls associaEed with the Facility.
.17 StoraQe. Subject to the provisions of Section 7.9, persona! property may n t be
, stored, isplayed, or otherwise left outside the Units, except as authorized by the Baard. All
portion of the Comman Elements used for access to and from the Units and to and fro the
lower 1 vel of the Building, may not be obstructed, or used for parking, storage,activities, o any
purpose other than access and authorized parking and storage.
.1 S Prohibited Conduct. No Owner or Occupant shall(i}cause or pec7nit any phy ical
change to their Unit or the Common Elements that could jeopardize or impair the weather- ight
soundn ss or safety of the Building, any Building system, or other improvement located o the
.Propert ; (ii} interfere with any easement; (iii) install or permit the installation of hard su face
floor co erings within their Unit without the prior written authorization of the Board, excep for
the rep acement of floor coverings of the same type as originally installed in the Uni by
Declara t; or (iv)cause or permit any physical changes to his or her Unit which could affe t or
damage the sound barriers or sound attenuation rnaterials installed on or within the ceil' gs,
floors,qr wa11s of the Units wi#hout the prior written authorization of the Board.
SECTION 8
ARCHITECTURAL STANDARDS
.l Restrictions on lmprovernents. One oF the purposes of this Declaration i to
ensure t�at those parts of the Units which are visible from the exterior, as well as the Li ited
Commo Elements, be kept architecturally attractive, and consistent in appearance, and
structur }ly sound_ Therefore, except as set forth in Section 8.5, the foilowing restrictions and
require ents shall apply to alterations on the Property:
8_1.I Except as expressly provided in this Section 8, no modificati ns,
i provements, repairs, or replacements of any type, whether femporary or perma ent,
tructural, aesthetic, or otherwise (collectively referred to as "alterations," and
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ndividually a "alteration"), including, but not limited .to, any structure, buil ing, '
ddition, deck,patio,fence,wall,enclosure, window,exterior door, antenna or other type
f sending or receiving apparatus, sign, flag, display, decoration, color ch ge,
hnibbery, material topographical or landscaping change,or any other exterior altera ions
0 or o#'a Unit or a Limited Common Element,.shall be made, or caused or allowed o be
,ar3e, �y a;�y Owner or Occupant,or their invitees, in any part of the Cammon Elem nts,
r in any part of the Unit which af�'ects the Common Elements or another Unit, or hich
s visible from the exterior of the Unik, unless and until the plans and specifica ions
howing the nature, kind, shape, height, calor, materiats, and.locations of the altera ions
�hall have been approved in writing by the Board or a committee appoinied by it In
�ddition, Declarant's written consent shail also be required for alterations until Decl rant
no longer owns a Unit for initia] sate.
8.1.2 The Board may appoint, supervise, and disestablish an architec ra1
ommittee, and specifically 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 shal]refer t the
rchitectural commiitee where appropriate. The architecturat committee shall 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 act vity
n connection therewith, and (ii) cornply with all governmental laws, codes, and� �
egulations. The criteria for approval of alterations shalt include and require, iat a
inimum:
8.L3.1 substantial unifocmity of color, location, type, and desig in
rela[ion to existing structures and topography,
8.I.3.2 comparab)e or better quality of materials as used in exi ting
improvements on the Property, • ' �
8_1.3.3 ease of maintenance and repair, �
8.1.3.4 adequate protection of the Property, the Association, the Ow ers,
and the Occupants from liability and liens arising-out of the proposed alteratio s,
8.1.3.5 substantial preservation of other Owners' sight lines, if mat riai,
and
8.1.3.6 compiiance with govemmental laws, codes,and regulations.
8,1.4 The Soard, or the appointed architectural committee if so authorize by
he Board, in its sole discretion, may irnpose standards for design, appearanc , or
onstruction which are greater or more stringent than standards prescribed by the
overning Documents, or by building, zoning, or other governmental laws, code , or
. egulations; provided, that such standards shall be consistent with the architec ural
haracter and use of the Property as planned and developed by Deciarant. T'he Boar , or
MPLS-Wor 95281.1 I 1(�
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e appointed architectural committee if so authorized by the Board, shall be the sole • •
'udge of whether such criteria are satisfied, and its determination in this regard sh ll be
binding upon the Owners, the Occupants, and any other Person holding or acquiri g an
interest in the Unit. The purpose of the criteria established by the Board shall be i) to ;
reserve the architectural sryle and uniformity, the quality and value of the F'roperty and I
ii) ie protect the Association and the Owners from u*td�se liability arising oui a the �
�aIterations or any constiuction activity in connection therewith.
8.i.5 Alteratiens may be made in compIiance with Section S15B.2-113 o the
ct, and relocation of the boundaries of the Units may be made in compliance with
ection S I SB.2-114 of the Act.
8.t.6 Approval of alterations that encroach minimally upon another Unit o the �
ommon Elements or which esseniially 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 favar of the Unit with respect to which the alteration are
pproved, notwithstanding any contrary requirement in the Governing Documents o the .
ct. A fite of the resolutions approving all afterations shali 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:
8.2.1 Detailed plans, specifications, and relafed 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 lln t) at
1 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 j
wner of a Unit) 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)
ils to approve or disapprove within sixty days after receipt of said plans and
pecifications and all other information requested by the Board(or the committee) d to
eclarant (as long as Declarant is the owner of a Unit), then approval shall be deem to
� e- granted; provided, that the alterations are done in accordance with the pl ns,
ecifications,and related information which were submitted_ I �
8.2.3 If no request far appraval is submitted, a.pprova! shall be deemed t be
denied. .
3 Remedies for Vioiations. The Association may undertake any rrieasures, 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 a#torneys' fees and costs of enforce ent �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs sh li be a lien against each of the Owner's Units and be a personal obligation of the Ow er.
ln additi n, the Association shail have the right to enter the Owner's Unit and to restore any art
MPLS-Wor 952R1.i l 20
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of the uilding or that Unit to the prior condition if any alterations were made in violation f this •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and ]ien
against each of the Owner's Units.
.4 Owner Responsibilitv/Indemnity. An Owner who causes an alteration o be
- made, gardless of whether the alteration is approved by the Baard, shall be responsible f r the
� � constru tion work and any clai�ns, damages, losses, or liabilities arising oat of the alter tion.
The O er, and not the Association, is responsible for determining whether any alteration is in
violatio of any restriction imposed by any governmenta] authority having jurisdiction ove any
partion of the Property. The Owner sha(1 hold harmless, indemnify,and defend the Associ tion,
and the Association's officers, directors, committee members,and management agents, fro and
against any expenses, claims, damages, losses, or other liabilities, including without limit tion
attorne s' fees and costs of litigation, arising out of (i) any alteration which violates any
gove ental [aws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy o the
specific tions or standards for construction of the alteration, and (iii) the construction o fhe
alterati n.
.5 Exemptions. The requirements set forth in this Section 8 (except Section 8.4)
shatl no apply tt�the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in conne�tion
ith its sale of Units.
' 8.5.2 The instailation of the following antennas within a Unit or with n a
imited Common Element, as permitted by applicable law: (i).one antenna one met r or
1 ss in diarneter for the purpose of receiving direct broadcasdsatellite service or v deo
rogramming services, or {ii) any antenna for receiving television broadcast sig als_
owever, the Board or a committee appointed by it, may require that the antenn be
i stalled so as to minimize its visibility from the front of the Unit and othe ise
mouflage its appearance, uniess such requirements would violate applicable law. e
oard shall have authority to icnpose further, reasonable related requirements consi ent
ith law. The Owner or Occupant of the Unit shall perform and pay for the installat on,
aintenarice, and repair of the installation. . i
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. 8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 4
MAINTENANCE
911 Maintenance bv Association. Subject to Section 9.2,the Association shall pro�ide
for all aintenance, repair, and replacement (collectively referred to as "maintenance"I or
"maintai ") of the Common Elements and the Limited Common Elements, in accordance w th,
and subj ct to,the following qualifications:
9.1.1 The cost of maintenance of a Limited Common Elernent required to be
u dertaken by the Association shall be assessed against each Unit to which the Limi ed
C mmon Element is allocated. The Associatian may assign to an Owner the obligat on
MPLS-�Vord SZ81.1 I Z�
or routine maintenance of a Limited Common Element allocated to the �wner's nit. •
owever, if the Owner fails to adequately perform the maintenance, the Association may
nter the Limited Common Element and tne Unit, perforcn 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
�mmon Element for purposes of performing said mainten�nce.
9.1.2 The Association shatl be responsible for incidental damage caused to a.
nit ar its Limited Common Elements by work undertaken by the Association pur uant
o this Section.
9.1.3 If darnage to the Common Elements, the Limited Comrnon Elemen s, or
�ther Units, is caused by an Owner or such Owner's occupants, gnests, or invitees, r by
� any condition in the Unit or Limited Common Elements which the Owner or Occ pant
has caused or allowed to exist, then the Association may repair the damage or corre t the '
condition, charge the Owner for the cost of the maintenance, and assess the cost t reof �
;against the responsible Owner's Unit, as may be assigned by the Association pursu nt to
. this Section 9.l. 'Che Association shall have an easement on, over,and through tha Unit
and the Limited Common Elements for the purposes of performing said rep 'r or
correction. '
9_I.4 Notwithstanding the assignment of any maintenance obligations o an
, Owner, the Association shall have authority to approve any maintenance which ects
any part of the Property other than the Unit, which may impair any easement, or hich
alters 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
in accordance with that certain.Declaration of Easements, Restrictions and Covena ts for
Stonebay recorded in the office of the County Recorder in and for Heruzepin C unty,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant ta that Declarat on of
Easements, Restrictions and Covenants, the Association has the obligation to ma ntain
thase unpaved portions of Kelley Parkway]ying within the Common Elements.
9.2 Optional Maintenance bv Association. In addition to the maintenance des ribed
in Sec ion 9.l the Association may, with the approval of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written baIlot, undertake to p ovide
maint ance to parts of the Units.
9.3 Costs of Maintenance bv Association. All maintenance performed the .
Assoc�ation under this Section 9 shall be funded by annual Assessments or, if necessary, s ecial
Asses ments, unless otherwise provided in this Section 9. Notwithstanding the foregoin , the
Assoc ation reserves the right to levy and allocate the cost af any maintenance performed under
this S ction 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Responsibility. The Owner shall, at the Owner's expense, be respo�sible
for m intenance, repair, and replacement as follows: .
MPLS- ord 95281.t I 22
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9.4.1 To maintain atl poRions 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 ta the Owner undec Section 9.1.i. The Association may requi that �
the Owners perform their maintenance obiigatians in accordance with sta ards
esiablished by the Associaiion.
, 9.42 To perform the foregoing mair,tenance obligations in such r�anner s not '
ta dama�e the Property, or unreasonably disturb or cause a hazard t� other P rsons
_ occupying or using the Property.
The Association may, with the approval 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 cosC thereof. No such approval shall be nec ssary
if 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 agai st the
Owner's Unit. Owners and Occupants shall promptly notify the Association of def cts in
or damage to those parts of the Property which the Association is obligated to ma ntain.
The Board may require that the Owners perform their maintenance obligati�ns in
accordance with standards established by the Association.
9_5 Waste of Common Utilities or Commonlv Metered Utilities. An Ow er or
Occu nt of a Unit shall not cause waste, or unreasonable use, of common utilities or u ilities
that s rve the Uni# but which are commonly rrretered. In the event the Association dete ines
� that s ch waste or unreasonable use is occurring, the Association shall have the authority t levy
again the Unit {under Section 6.4, or otherwise), and charge to that Owner; the costs, c arges,
and f es (whether billed by the utility provider, vr otherwise) associated with that w te or
unrea onable use. Such costs, charges, and fees shail be calculated by the Association using
reaso ble meihods. Notwithstanding any provision to the contrary in this Declaratio , the
Assoc ation may repair or correct any condition (and enter upon any Unit and Limited Co on
Elem nt to do so) causing the waste or unreaso�able use. The cost of the repair or co tion
may, t the Board's discretion, be assessed against the Unit, and may, at the Board's disc etion,
be Ehe persona) obligation of the Owner of the Ur►it and a lien against the Unit
9.6 Restrictions on Changes to the Property. Except as permitted by this Decla ation, '
no O ner or Occupant shall, without prior written authorization from the Board in acco dance
with ection 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, ether
temporary or permanent; to be made to a Unit or the Common Elements, if such hange
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 C mon �
Elements that could jeopardize or impair the weather-tight integrity, safety or sou dness
of any part of the Property, any system or eqtaipment on or within the Property, r any
other improvements located on the Property.
- 9.6.3 Interfere with or otherwise impair any easement.
MPLS- ord 95281.1 I 23
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;9.'I Dutv to Reoort Defects.' Owners or Occupants shall promptly report t the •
Associ tion any deiect or need for repair to those parts of the Property which the Associat on is
obligat d to maintain. �
I9.8 Damaae Caused by Owner_ Notwithstanding any provision to the contrary i this
Decla tion, if, in the judgment of the Association, the need for maintenance of any part f the
Pr�pe y is caused by the willfu!or negligent a�t or omission af an Owner or Occupant,the uest
or invi ee of an Owner or Oc�upant, or by a condition in or on the Property which the 4w er or
the Oc upant has wil)fuiiy or negligently allowerl to exist, the Association may cause such
damag or condition to be repaired or corrected (and enter upon any Unit and Limited Co on
Eleme t to do so). The cost of the repair or correction may be assessed against the Unit f the
Owner responsible for the damage, and shall be a personal obligation of the Owner and lien
againsri that Owner's Unit.
SECTION ld '
� 1NSURANCE
10.1 Reguired Coveraee. The Association shail obtain and maintain, at a mini um,
one or more than one master pokicy of insurance in accordance with the insurance require ents
set fo in the Act and the additional requirements set forth herein issued by one or mor than
one re utable insurance company authorized to do business in the state of Minnesota,as fol ows:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an �
�arnount equal to one hundred percent�of the insurable"replacement cost",of the 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 Association, at its soie discretion, may or may not insure the follawing 'tems:
ceiling and wall finishing rnaterials, tToor coverings, cabinetry, finished mi11 ork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improve ents
and betterments regardless of when instal]ed, and any items referred to in S ction '
S 15B3-113(b)(i) through (vii) of the Act, but must do so if required by the F deral '
Nationat Mortgage Association ("FNMA"), the Federal Home Loan Mo gage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), vr the sec etary �
of Veteran's Affairs ("VA"). The policy or policies shall cover personal property wned
by the Association. The policy or policies shall afso cantain "lnflation Guard' and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include sach addiciona! 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 finan ing a
,mortgage 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 n the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain spe ified
coverages or endorsements in effect.
10.1.2 Commercial general liability insurance covering the use, operatio , and
maintenance of the Comjnon Elements, with minimum limits of one million dolla per
MPLS-W rd 95281.11 24 i
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pccurrence,against claims for death,bodily injury,property damage, and such other risks '
s are customarily covered by such policies for projects similar in construction, loc tion
nd use to the Property. The palicy shall contain a"severability of interest"endorse ent
hich shall preclude the insurer from denying the claim of an Owner or Occ pant
ecanse af negligent acts of the Association or other Owners or Occupants. The p licy
halI include such additiana! endorsements, coverages and limits with respect to such �
azards as rnay be required by the regulations of the FHA, VA, FNMA, or FHLM as a �
recondition tp their insuring,purchasin�;,or financing a mort�age on a Unit.
I0.1.3 Fidelity bond or insurance caverage against dishonest acts on the p rt of
irectors, officers, managers, trustees, empEoyees, 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 fi lity �
ond or insurance shall name.the Association as the 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, inswing, or guarantee 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 of defense based upon the exclusion of persons serving wit out
ompensation shall be added.
l0.].4 Workers' Compensation insurance as applicable and required by law. '
10.1.5 Directors and officer liability insurance with such reasonable limits and
overages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Boazd 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
insuran e premiums shall be assessed and paid as part of an annual Assessment. If
improv ents and betterments to the Units are covered by the Association's property insur ce,
any incr ased cost may 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 Expens , (ii} assess the deductible amount against ane or more than one Unit affected in any
reasona'le manner, or(iii) require the Owners of one or more than one Unit affected to pa the
deducti le 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 against the Associati n's
propert insurance�,assess the deductible amount against all of the Units equally in the event fhat
the ded ctible amoant is calculated by the insurance comp.any based upon the percentage o the
value or cost(replacement or otherwise)of one or more than one Unit or Building.
10.3 Loss Payee; insurance Trustee. All insurance coverage maintained by the
Associa ian shall be written in the name of, and the proceeds thereof shalt be payable to, the
Associa 'an {or a qualified insurance trustee selected by it) as trustee for the benefit of the
MPLS-Word 95281.I 1 25
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Owner' and secured parties which suffer loss. '['he Association,or any insurance trustee se cted -
by it, all have exclusive authority to negotiate, settle; and collect upon any ctaims or 1 sses �
under ny insurance policy maintained by the Association. '
;
. . 10.4 Reauired Policv Provisions. Alt policies of property insurance camed b the
Associ tion shail provide, if practicable,that: •
i0.4.1 Each �wner and secured party is an insured Person under the polic with
respect to liability arising out af the Owner's interest in the Common Eleme ts or
memb�ership in the Association.
10.4.2 The insurer waives its right to subrogation under the policy agains any
i0wner or member of the Owner's household and againsi the Association and memb rs of I
�he Board. �
10.4.3 The coverage shall not be voided by or conditioned`upon {i) any t or
mission of an Owner, unless acting within the scope o#' authority on behalf o the
ssociation, or (ii) any failare of the Association to comply with any warran or
ondition regarding any portion of the Property over which the Association h s no
ontrol.
, 10.4.4 If at the time of a loss under the policy there 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; Notice of Loss. Ail policies af property insurance and
comprehensive liability insurance maintained by the Association shall provide that the po icies
shall n t be canceled or substantially modified, for any reason, without at least thirty days riar
written otice to the Association, the insureds, and to all secured parties holding first mort ages
on Unit .
0.6 No Contribution. All policies of insurance maintained by the Association sh ll be ;
the pri ary insurance where there is other insurance in the name of the Owner covering the ame ,
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 addit' na]
persona insurance coverage (commonly known as "ga� coverage"or an "H06"policy) at h s or
her ow expense covering fire and other casualty to the interior of the Unit,the Owner's per nal
propert�Y and personal liability, and covering insurance deductibles that may be levied b the
Associa ion against the Un;t. Insurance poticies maintained by Owners are without cantrib tion
as agai st the insurance purchased by the Association, except as to deductible amounts or ther
items n t covered under the Association's policies. Upon request by the Association, an 0 ner
shall i� mediately provide to the Association a copy of the certificate(s) of insurance cove age
evidenc ng the insurance required by this Section 10.7.
MPLS-Wor 95281.ii �b
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' SECTION ]1 •
RECONSTRUCTION, C4NDEMNATIOi�i,AND EMINENT DOMAIN
I 1.1 Reconstruction. T'he obligations and procedures for the repair, reconstructi n, or �
dispos�tion ef the Property following damage or destruction thereof shall be governed by th Act.
Any r pair or reconstruction shall be commenced as soon as practicable a�.er the casualt and
shall b substantially in accordance with the plans, specifications, and design of the Prope as
initiall c�nstructed and subsequentiy imgroved. Notice of substantiai damage or des ction
shall b given as provided in Section 15.10. �
11.2 Condemnation and Eminent Domain. In the event of a taking of any part f the
Prope by condemnation or eminent domain, the provisions of the Act shall govern; pro ided, �
{i) that notice shall be given as provided in Section 15.1�, (ii) that the Association shal] e the
attorne -in-fact to represent the Owners in any related proceedings, negotiations, settleme ts, or
agree ents, and {iii) that any awards or proceeds shall be payable to the Association f r the i
benefit of the Owners and the mortgagees of their Units. Eligible Mortgagees shall be entit ed to
priorit for condemnatian awards in accocdance with the priorities established by the Act a d the i
Gove ing Documents, as their interests may appear.
, �11.3 ?ermination and Liquidation. The termination of the Condominium, an the
distrib tion 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 thcir relative value for pr erty
insura �e purposes, and shall be made to Owners and their rnortgage holders, as their int rests
• may ap ear,as provided in the Act. �
',11.4 Notice. The Association shafl give written notice of any conde ation
procee ings or substantial destruction of the Property to the Etigible Mortgagees entitl d to
notice nder Section I 5.10. �
�
11.5 Association's Auihority. ln a11 cases involving reconstruction, condemn tion, '
eminen domain, terrnination or liquidation of the Condominium, the Association shall have
authori y to act on behalf of the Owners in all proceedings, negotiations, and settleme t of
claims. All 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 Act
�
SECTION l2 I
EASEMENTS
fihe 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 Utilities, Services, and Operatin� 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 electronic communications, wa#er, s wer,
MPLS-Wor 95281.11 77
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septic ystems, wells, and similar services, fire control systems and other common ope ting •
system , and metering and control devices, which exist, which are constructed as part f the �
Prope y,which are approved by the City,which are approved by the Association under aut ority
contai ed in the Governing Documents or the Act, or which are described or referred to n the
Plat, t is Declaration, or other recorded instruments. Each Unit, and the rights of the O ers
and O cupants thereof, shall also be subject to and benefited by a non-exclusive easem nt in �
favor f the other Units, the Common Elements, and the Association for all such uti ities, ����
service , fire control systems, and other common operating systems. Utilities and r lated
servic or systems shall be installed, used, maintained, and repaired so as noi to interfer with ,
the us and quiet enjoyment of the Units by the Owners and Occupants, nor affeci the stru tural
. or arch tectural integrity of a Building, the Units,or the Common Element improvements. �
' ,
12.2 Encroachments. Each Unit and the Commo.n Elements, and the rights f the �
\
Owner and Occupants therein, shal! be subject to a nonexclusive easement in favor f the
adjoini g Units for encroachments caused by the construction, reconstruction, repair, shi ting,
settle ent, or_movement of any part of ihe Property, for improvements which are add d in •
compli nce with Section 7.13, and nonmaterial inaccuracies in survey_ If there s an
encroa hment 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,enjoymen, and
habitat on of any encroaching Unit or improvements, and for .the maintenance th reof.
Impra ements ar alterations added pursuant to Section 7.13 shall be limited to inor
� encroa hments, and no easement shall exist uniess the proposed improvements or alter tions
have b en approved and constructed as required by this Declaration. Such easements shal)
contin e for as long as the encroachment exists and shall not affect the marketability of title
12.3 Structural Support Easements. Each Unit and the Common Elements sh 11 be
subject to and be the beneficiary of nonexclusive easements for structural support in all alls,
colum s,joists, girders, and other structura] components located in or passing through an ther
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements
�12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for a cess
� to and from public roadways and walkways on and across those poRions of the Co mon
Eleme ts designated for use as driveways or walkways, as originally constructed, shown o the
Plai, o otherwise designated by the Association, subject to any restrictions authorized b the
Gove ing Documents or the Rules and Regulations. The right of access of the Owne and
Occup nts, and their invitees, ta and from the roadway to the west of the Property, com only
known as Cascade Lane, is set forth in that certain Declaration of Easernents (Roadway Ac ess)
record d in the office of the County Recorder in and for Hennepin County, Minnesot , as
Docum nt No. Q 75 . That Declaration of Easements also sets forth the obligation f the
Associ tion to share in the costs of maintaining, repairing, and replacing the portion of Ca�cade
Lane o er which that right of access is�ranted. �
12.5 Inst�ection, Maintenance, Repair, Re_placement, and Reconstruction. Each nit,
and th rights of the Owners and Occupants thereof, and the Common Elements and Li ited
Comm n Element, shall be subject to and benefited by the nonexclusive easements in fav r of
the As ociatian, its agents, and Declarant for the maintenance, repair, replacement, and
reconst ction of the Common Elements, the Units, and other improvements located withi the
MPLS-Wo 952RL11 28
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Units,'and the utilities serving the Units, to the extent necessary for the Association to fu fill its -
oblig ions under the Governing Documents or for Dectarant to investigate or undert ke its
warra ty obligations. Each Owner shall afford to the Association and its management gents
. and e ployees, access at reasonable times and upon reasonable notice, to and throu h the
Owne 's Unit and its Limited Common Elements for inspection, maintenance, repai , and
replac ment; provided, that access to the Unit and its Limited Cammon El"ements may e had
witho t notice and at any time in case of emergency. � '
12.6 Pubiic Safetv and Health Access. 'I'here are nonexclusive easements in fa or of
the Ci and other applicable governmental authorities or agencies as shall from �time t time
have j risdiction over the Property, on and across drives, walkways, parking areas, and other
open pace areas of the Property for reasonable access to perform such duties related law
enforc�ment, fire protection, life safety, health, and sanitation as are reasonably required from
time t time. Such easements shall include access through and into the affected Uni and �
Limit d Common Elements in the�ase of an emergency. �
12.7 Emer�encv Access. In case of emergency or perceived threat to public he lth or
safety, all Units and Limited Common Elements are subject to an easement in favor f the
Assoc ation for access, without notice and at any time, by an officer or member of the Boa d, by
the As aciation's management agents, or by any public safety personnel. The Board may r quire
that a Owner or Occupant leave keys to the Unit with another Owner of the Owner's choi e, or
with t e Assaciation, and.to advise the Association's management agent or the Board i the
locati ns of the keys, so as to a11ow access for emergencies when the Owner or Occup nt is
absent from the Property for extended periods. �
12:8 Recorded Easements. The Property shall be subject to such other easeme ts as
may b recorded against it or otherwise shown on the Plat. Any recorded easement benefit ng ar
burde ing the Property shall be construed in a manner consistent with, and not in conflict with,
the e ements created by this Declaration. Such recorded easements inctude, but are not li "ited
to, tha certain Declaration of Easements, Restrictions and Covenants for Stonebay recor ed in
the o ce of the Courcty Recorder in and for Hennepin County, Minnesota, on July 29, 20 , as
Docu ent No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Cove ants,
the �s ociation has the obligatian to maintain those unpaved portions of Kelley Parkway lying
within he Common Elements.
12.9 DrainaQe Easements. The Common Elements shall be subject to nonexcl sive
easem nts for storm water drainage in favor of the Owners and Occupants for reasonable tarm
water rainage,and other norma! site drainage, over those parts of the Common Elements hich
may b designed, improved,or graded for such purposes. �
� 12.10 Use and Enjoyment Easements. There are nonexclusive easements in favor f the
Owne and Occupanis of the Units for use and enjoyment on and across the Cbmmon Ele ents,
and fo exclusive use and enjoyment of any Limited Common Elements allocated to the nit,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the ules
and Re*ulations. .
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12.11 Declarant Ri�hts and �asements. The Units and the Common Elemen s are - '
subjec to exclusive easements and rights in favor of Declarant for the exercise of its dec arant
rights s described in the Governing Docaments, 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 !
Prope and Building systems and to determine whether Unit and Building rrtainte ance
require ents are being followed. � � �
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12.12 Duration, Restrictions, and Use. The rights and easements granted or reserv� d by
this Se tion IZ shall be permanent, shall run with the land unless otherwise expressly indi ated,
and sh ll be subject to the following qualifications: �
t2.12.1 The easements shall supplement and not limit any easements des �ribed
elsewhere in this Declaration or any other recorded instrument.
12.12.2 The easements shall be subject to reasonable regulation b the
Association and shall be subject to such reasonable iimitations as�to location and r ting
las may be established by the Association or any governmental authority.
t 2.12.3 The easements shall include reasonable access over, under, and a ross
the Property to maintain, repair, replace, and reconstruct the easement areas an any
'mprovements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiti g or
, urdenin� .the Property, or any equipment or improvements relating�to the ease ent,
, ubject to this Declaration and the right of the Association to impose reasonable ules
nd f�egulations governing the use of the Property.
�
12.i 2.5 No improvements shall be erected or maintained, no excav tion, , .
rading or reshaping shall be undertaken, and no fill or other material shall be plac d, 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 ca e to
void damaging the Property or creating safety hazards; (ii) prompily repair any da age
' o the Property which they or their caused; (iii) promptly reimburse the Associatio for
i it costs incuned by it for repairing damage to an easement area caused by the Pers n or
he Person's invitees; and (iv) hold harmless, indemnify, and defend the Associa ion,
ther Owners, and the officers and directors af the Association, from and again all
laims, damages, losses, and other liabilities arising out of the exercise of the ease ent
ights.
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 tion
hall constitute a dedication of the easement area or the use thereof to the public, it b ing
e intent of this Declaration that the Common Elernents be and remain priyate pro rty
MPLS-�Vor 95281.11 30
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subject to operation and regulation by the Association, and that the Units be and emain '
private property subject to operation and regulation by thc respective Owners hereof
and/or the Association,as applicable,all in compliance with the Governing Docum nts.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the e ercise
of its ights under this Declaration, and except for the Board in the exercise of authority anted
by th Governing Documents, no Person shall create, grant, or convey any easem nt or
comp rable rights upon any portion of the Property without the prior written approval of the
Board provided, that the Board shall authorize an Owner to grant an easement over the O er's
Unit i (i) the easement will not adversely affect the Common Elements ar another Unit d {ii)
the e ement is consistent with the overall design and plan far the Property as establis ed by
Decla ant and approved by the City.
�
12.14 Continuation and Scope of Easements. Notwithstanding anything i this �
, Declatation to the contrary, no Owner or Qccupant shall be denied reasonable access to his or
her U�it or the right to utiliEy services thereto. T'he easements set forth in this Section 1 shall i
suppl ment and not limit any easements described elsewhere in this Declaration or record ,and
shall nclude reasonable access to the easement areas through the Units and the Co mon
Elem ts for purpases of maintenance, repair, replacement, and reconstruction. All ea ement
rights shatl include a right of reasonable access to maintain, repair, and replace the utili lines
and re ated equipment.
SECTION 13
� I
. COMPLIANCE AND REMEDIES
i
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Prope , shall be governed by and comply with the provisions of the Act, thr Gov rning
Docu ents, and the Rules and Regulations, and such amendments thereto as may be mad fram
time t time, and the decisions of the Association_ A failure. to comply shall entit e the �
Assoc ation to the relief set forth in this 5ection, in addition to the rights and remedies auth rized
elsew ere by the Governing Documents and the Act.
13.I Entitlement to Relief. The Association may commence legal action to r cover
sums ue, for damages, for injunctive relief or to foreclose a lien owned by �it, o any
combi ation thereof,or an action for any other relief authorized by the Governing Docum ts or
availa le at law or in equity, Legal relief may be sought by the Association against any wner, '
or by an Owner against the Association or another Owner, to enforce compliance wi the
Gove ing Documents, the Rules and Regulations, the Act, or the decisions of the Assoc ation.
Howe er,no Owner may withhold any Assessments payabte to the Association, or take(or omit}
ather ction in violation of the Governing Docurnents,the Rules and Regulations,or the Ac , as a
measu e to enforce such Owner's position,or f�r any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or i lied,
admin'strative or legal, the Association sha11 have the right, hut not the obligation, to impl ment
any on or more of the following actions against Owners and Occupants and/or their guest ' who
violate the provisions of the Governing Docuinents,the Rules and Regutations,or the Act: '
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13.2.1 Commence legal action for damages or equitable relief in any cou of •
� ompetent jurisdiction.
13.2.2 lmpose late charges, interest, or both, for each past due Assessme t or
i sta�lment thereof, such interest to accrue beginning on the first day of the m nth
llowing the month for which the Assessment or installment was due.
13.2.3 ln the event of default of more than thirty days in the payment o any
ssessment or inszallment thereof, al! remaining insfallments of Assessments asse sed
� a�gainst the Unit owned by the defaulting Owner may be accelerated and shall the be .
�#ayable in full if all delinquent Assessments or instal]ments thereof, together wit all
alttorneys' fees, costs of collection, and late charges, are not paid in full prior t the
ffective date of the acceleration. Not less than ten days advance written notice o the
ffective date of the acceleration shall be given to the defaulting Owner. �
13.2.4 Impose reasonable fines, penalties, or charges for each violation o the
ct,the Governing Documenis,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
ommon Element amenities;provided,that the suspension of use rights shall not app y to
imited Common Elements or those portions of the Common Elements providing uti ities
ervice and access to the Unit. Such svspensions shall be limited to periods of defau t by
� uch Owners and Occupants in their obligations under the Governing Documents,an for
p to thirty days thereafter, for each violation ,
13.2.6 Restore any portions of any Common Elements, Unit,or Limited Co on
lements damaged or altered, or allowed to be damaged or altered, by any Own r or �
ccupant or their guests in vioiation of the Governing Documents, and to assess the cost
f such restoration against the responsible Owners and their Units. The Association hall .
ave an easement to carry out its authority under this Section 13.2.6.
I 13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
uvhich, or as to which, a violation or breach of the Governing Documents exists w ich �
r►�aterial2y affecis,or is likely to inaterially affect in the near future, the health or safe y of
t e other Owners.or Occupants, or their guests, or the safety or soundness of any Un't or �
ther part of the Property or the property of the Owners or Occupants, and ta surnm rily
bate and remove, at the expense of the offending Owner or Occupant, any struc ure,
t ing, or condition in the Cornmon Elements, Unit, or Limited Common Elements w ich
i causing the violation; provided, that any improvements which are a part of a Unit ay
e altered or removed only pursuant to a court order or with the agreerrzent of the O ner.
e Association shall have an easement to carry out its a�:thority under this Se tion
3.2.7. I
13.2.8 Foreciose any lien arising under the provisions of the Gove ing
ocu�nents or under]aw, in the manner provided by the Act.
3.3 Rights to Hearin�. In the case of imposition of any of the remedies authorize 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
MPLS-�Vor 95231.11 32
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offendi g Owner, grant to the affending Owner a hearing as contemplated by the Act an .this �
Section 13.3. The hearing may be held before the Board or a committee of three or ore
disinter sted Owners appointed by the Board. The offending Owner shatl be given notice the
nature f the violation and the right to a hearing, and at least ten days within which to req st a
hearing The hearing shall be scheduled by the Board/committee and held within thirty da s of
r�ceipt pf the hearing re�uest by the BoartUcommittee, and wi#h at least ten days prior w 'tten
notice t the offending Owner. lf the offending Owner fails to request, or to appear at the
hearing then the right to a hearing shall be waived and the Soard/committee may take uch
action it deems appropriate. Hearings shall be conducted in a fair and equitable manner. The
decisio of the Board/committee and the rules for the conduct of hearings established b the
Board/ mmittee, shall be final and binding on al! parties. The Board's/com.cnittee's dec sion
shail be delivered in writing to the offending Owner within ten days following.the hearing, i not
deliver d to the offender at the hearing. A.ny fines to be imposed by the Association may, t the �
Board' Committee's discretion,be retroactive to the date of the violation or offense,
3.4 Lien for Assessments, Char�es, Etc. Any Assessments, charges, fines, expe ses,
penalti s, 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 personal obligation of such Owner i the
same anner and with the same priority and effect as Assessments under Section 6. Th lien
shall at ach as of the date of imposition of the remedy, but shall not be final as ta vio}atio for
which hearing is held until the Board makes a written decision at or following the hearing All
' remedi s shall be cumulative, and the exercise of, or failure to exercise, any remedy shall n t be
deeme a waiver of the Association's right to pursue any other remedy.
3.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any colle tion
measur s, or any measures or actian, ]egal, administrative, or otherwise, which the Associ tion
takes t enforce the provisions of the Act, the Governing Documents, or the Rules and
Regula 'ons, whether or not finally determined by a court or arbitrator, the Association may
assess he Unit owned by the violatar with any expenses incurred in eonnection with such
enforce ent, including without limitation fines or charges previausly imposed by the ,
Associ tion, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) o the
delinqu nt amounts owed to the Association•. Such expenses shall also ineiude�ny collecti n or
conting ncy fees or costs charged to the Association by a collection agency or other P rson
acting n behalf of the Association in collecting any delinquent amounts owed to the Associ tion
by an wner or Occupant. Such collection or contingency fees or costs shall be the pe onal
obligati n of the Owner and shall be a lien against the Owner's Unit. '
13.6 Liabilitv for Acts of Owners and Occt�pants. An Owner shalT be liable fo the
expens of any maintenance, repair, or replacement of the Property rendered necessary by uch
� Owner' acts or omissions,and by that of Occupants or guests in the Owner's Unit,to the e tent
that su h expense is not covered by the proceeds of insurance carried by the Association or uch
Owner or Occupant. However, any insurance deductible amount and/or increase in insu nce
rates, sulting from the Owner's acts or omissions may be assessed against the O ner
respons�ble for the condition and against his or her Unit.
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I 13.7 Enforcement bv Owners. 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 pmvided therein.
13.8 Liti�atiori. Notwithstanding anything contained herein to the contra , the
� Associ tion may not commence any judicial or administrative aciion on behalf of the O ners
(oiher than an actian commenced to enforce the Gaverning Documents or the Rule and
Regula�ions, or to defend the Association), without frst obtaining the affirmative vate f the
Owner$ to which are allocated at least sixty-seven percent of the votes in the Associati n, in
person lor by proxy, at a meeting called for such purpose in accordance with the Bylaws, r by
written ballot.
ISECTIUN 14
AMENDMENTS �
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4.1 Approval Requirements. Except for amendments by Declarant pursua t to
Section 16, this Declaration may be amended only by the approvai of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven perce t of
i e 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 I
14.1.4 The percentage af Eligible Mortgagees (based upon one vote per t�nit
nance)as and if required by Section 15.
1 .2 Procedures. Approval of the Owners may be obtained in writing or at a mee ing
of the A sociation duly held in accordance with the Bylaws. Consents of Eligible Mortga es
and Decl ant, if required, shall be in writing. Any amendment shall be subject to any gre ter
requirem�nts imposed by the Act. The amendment sha}1 be effective when recorded as provi ed
in the Ac�. An affidavit by the Secretary or the President of the Association as to the outcom of
the vate,Ior the execution of the foregoing agreements or consents, shall be adequate evide ce
thereof f r all purposes, including without limitation;the recording of 2he amendment. I
SECTION IS I
RIGHTS OF ELIGIBLE MQRTCACEES
N�twithstanding anything to the contrary in the Goverr�ing Documents, but subject to t�e
Act or oth�er laws, Eligible Mortgagees shall have the following rights and protections: �
ISI l Consent to Certain Amendments. Subject to Declarant's rights under Section 1 ,
the writte consent of Eligible Mortgagees representing at least fifty-one percent of ihe Units th t
are subje t to first mortgages held by Eligible Mortgagees (based upon one vote per U it
financed) hall be required for any amendment to the Governing Documents which changes a y
MPLS-Word 9 81.1 I 34 '
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provis on governing the following: (i) voting rights; (ii) increases in an annual Assess ent 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 repla ment
of Co mon Elements; {v) responsibility for maintenance and repairs; (vi) reallocat' n of
interes s in the Common Elements or Limited Cammon E}ements, or rights to their us • (vii)
redefi ition of any Unit boundaries; (viii) convertibility of Units into Cammon Elernents r vice
versa; ix) expansion or contraction of the Property or the addition, annexation or withdra at of
prope y to or from ihe Property;(x) hazard or fidelity insurance requirements; (xi) imposi 'on af
materi 1 restrictions on ihe leasing of Units; (xii) imposition of any restrieti�ns an an O ner's
right t sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a azard
damag or partial condemnation) in a manner other than that specified in the Gov rning
Docu ents; (xiv) any action to terminate the le�al status of the Condominium after subs antia]
destru tion or condemnation occurs; or (xv) any provisions that expressly benefit El'gible
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 Eligible 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 khe repair,replacement or reconstruction of the Property,except as otherwise pro ided.
by law ,
153 Consent to Subdivision. No Unit may be partitioned or'subdivided witho t the
prior �tten approvai ofthe 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 othe ise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Priorit of Lien. Any Person who comes into possession of a Unit by forecl sure
of the �irst mortgage on a Unit, or by deed or assignrnent in lieu of foreclosure of th first
mortga e on a Unit, takes the Unit free of any claims for unpaid Assessments or any ther
charge or liens imposed against the Unit by the Association which have accrued against such
Unit p or to the acquisition of possession of the Unit by said Person; (i) except as pravid d in
� Section 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges m y be
realloc ted among ali Units in accordance with their interests in the Cornmon Elements. �
15.6 Prioritv of Taxes and Other Char�es. All taxes, assessments and charges hich
rnay be ome liens prior to the first mortgage under state law shall relate only to the indiv�dual
Units a d not to the Property as a whole.
i 15.7 Priority for Condemnation Awards. No provision of the Governing Docur�ents
shall gi e an Owner, or any other party, priority over any rights of the Eligible Mortgagee 'f the
Unit pu suant to its mortgage in the case of a distribution to such Owner of insurance procee s or
corrde nation awards for losses to or a taking of the Unit and/or the Common Elements. The
MPLS-Wo 95281.I1 35
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Association shall give written notice to ali Eligible Mortgagees of any condemnation or eminent
domain proceeding aftecting the Property promptly upon receipt of notice from the condemning
authority.
I S_8 Requirements for Mana�ement Agreements. The term oF any a�reement for
professional management of the Property shall not exceed two years. Am, such agree:rient shall
t,I'CV.de fa: �ei':;71ri2[IOS; WIt}10�t peRa;2j' vi te.���inatian iCe �'iy' 21i�1e[' p31"(y 35 iO�IOWS: tl) Wl�l
cause, upon a minimum of thirty, and a maximum of for,f-f:ve, days prior written nctice, an�,
(ii)without cause,uoon a minimum of sixty days prior written notice.
15.9 Access to Books and Reeords/Audit. Eligible Mor[gagees, or an institutiona]
insurer or guarantor of a mortgage ioan against a linit, shall 'have the right to examine the books
and records of the Association upon reasonable notice, during normal business hours, and to
receive free of charge,upon written request, copies of the Association's annual reports and other I
financial staternents. Financial statements, including those which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FiVMA, or any
Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, may I
require that, ai its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association sha11 cooperate in having an audit made and a .
copy given to the requesting party.
1�.]Q Notice Requirements. Upon written request to the Association, identifying the
' name and address of the holder, insurer or"guarantor of a mortgage on a Unit, and the Unit
number or address, the holder, insurer or�uarantor shall be entitled to timely wntten notice of:
I5.10.1 a condemnation loss or any casualty loss which affects a material portion
of the Property or the Unit securing the mortgage;
15.10.2 a sixty day delinquency in the payrnent of Assessments or charges owed
by the Owner of a Unit on which it holds a rnortgage;
I5.10_3 a ]apse, cancellation or material modification of any insurance policy
maintained by the Association;and
15_]0_.4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees.
SECTION 16
SPECIAL DECLARANT RIGHTS
Declarant hereby reserves exclusive and unconditional authority ta exercise the following
special Declarant rights ��ithin the meaning of Section S I SB_1-]03(32) of the Act for as }ong as
it owns a Unit,or for such shorter period as may be specifically indicated:
16.1 Compiete improvements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's developrnent plans or
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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.
]6.2 Rights to Relocate Boundaries, Subdivide. Convert or Combine Units. To (i)
reloc te the boundaries of any Unit owned by it, or (ii} create additional Units, C mmon
• Elem�nts, and Limited Common Elements, or any Combination thereof, by the subdi ision,
- partit on, conversion, or combining of any Unit or Units owned by it, as authorized by t e Act.
The aximum number of additional Units that rnay be created withir.ths Condominium p rsuant
to th�Section 16.2 is 5.
� i63 Sales Facilities. To construct, operate, and maintain one or more than one model
Unit, and other devefopment, sales, and rental facilities within the Common Elemen s, and
withi any Units owned or leased by Declarant from time to time, located anywhere n the .
Prop y.
16.4 Si�ns. To erect and maintain signs and other sales displays offering the U�its for
sale lease,within any Unit owned by Declarant and on the Common Elements.
i6.5 Easements. To have and use easements, for Declarant, Declarant's emp oyees,
cont ctors, representatives, and agents and prospective purchasers, through and o er the
Com on Elements for the purpose of exercising its special declarant rights. �
16.6 Controi of Association: To control the operation and administration of the -
Asso �ation, including without limitation the power to appoint and remove the members of the
Boarc�pursuant to Seciion S 15B.3-103 of the Act, until the earliest of: {i) voluntary surre der of
contr 1 by Declarant, {ii) an Association meeting which shal] be held within sixty da s after
conv yance 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 onveyance of a Unit to an Owner other than Declarant. Notwiti�standing the foregoi g, the
(�wn rs other than Declarant shall have the right to nominate and eiect not less than thirt' -three �
and o e-third percent of the directors at a meeting of the Owners which shall be held withi sixty �
days Ifollowing the conveyance by Declarant of fifty percent of the total number o Units I
autho�ized to be included in the Property. �
16.7 Consent to Certain Amendments. Declarant's written consent shall be r quired
far ar�y amendment to the Governing Documents or the Rules and Regulations which dir ctly or
indire�ctly affects Declaraat's rights under the Governing Documents or the Act. '
�
SECTION 17
MISCELLANEOUS
17.l Severabilitv. If any term, covenant, or provision of this instrument or any xhibit
attac ed hereto is held to be invalid or unenforceahle for any reason whatsoeve such
dete ination shall not be deemed to alter, affect, or impair in any manner whatsoever an other
porti n of this Declaration or exhibits attached hereto. �
17.2 Construction. Where applicable, the masculine gender of any word used herein
shall mean the feminine or neutra] gender, or vice versa, and the singular of any wor used
herei shall mean the plural, or vice versa. References to the Act, or any sections thereo , shall
MPLS- ord95281.11 37
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be delerned to include any statutes amending or replacing the Act, and the cornparable ctions '
there�f.
, I 17.3 Tender of Claims. In the event that any incident occurs which could rea onably
give ise to.a demand by the Association against Declarant for indemnification pursuan to the
Act, �e Associatian sh�ll promptly tender the defense of the action to its insurance ca er, and
give ��eciarant (i) written natice of such tender, {ii} written notice of the specific natur af the
actio�,and(iii)an opportunity to defend against the action.
I 17.4 Notices. Unless specifically provided otherwise in the Governin Docu lents r
g o
the ct, all notices required to be given by or to the Association, the Board, the Ass ciation
offic rs, or the Owners or Occupants shal] be in writing and shall be effective up hand
deliv ry, or mailing if properly addressed with postage prepaid and deposited in the United
State mail; excepi that registrations pursuant to Section 2.2 of the Bylaws shall be e fective •
upon receipt by the Association.
17S Conflicts Among Documents. In the event of any conflict among the pr visions �
of th� Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall controi
unle s it permits the docurrients to control. As among this Declaration, the Bylaws, nd any
Rule�and Regulations, this Declaration shall control. As between the Bylaws and any R les and
Regulat�ons, the Bylaws shall controL
17.6 Duration of Covenants_ The covenants, conditions, restrictians, easemen , liens,
and harges contained in this Deciaration shall be perpetuat, subject only to termin tion as
prov ded in this Declaration and the Act.
I IN WITNESS WHEREOF, the undersigned has executed this instrument the ay a �
year Ifirst set forth above. �
O.C, D VEL
By —
Its �e an er �-
ST E OF MINNESOTA )
) ss. �
CO NTY OF v1i►'t. )
I The foregoing instrument was acknowledged befare me t�is��day of �v i
2007, by Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a M nnesota
limi�ed liabiiity company,on behalf of said limited liability company.
I � `
No ublic
TH1 INSTRUMENT WAS DRAFTED BY:
Fre ick R. Krietzman, Esq.
FE ABER, LARSON, FENLON&VOGT,P.A.
220 outh Sixth, Suite 2200
Min eapolis,Minnesota 55402 SCOTTLKR'YNSKI , ,
(61 ) 373-8418 ►¢oTARrPtfeuC-�1t�eSOTA ,.,.
ylY iX�I�IISSION SXPU�ES JApL 31, t0 �
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� COMMON INTEREST COiViMUNITY NO. 1578 .
' Condominium
ST4NEBAY OF ORONO CONDOMINIUM
� E?CHIBIT A TO DECLARATIQN _
; UNDERLYING LEGAL DESCRIPT[ON OF THE PROPERTY � .
I
' Lot 1,Block 1, Stoneba Second Addition Henne in Coun Min e
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' COMMON INTEREST COMMUNITY NO.NO. 1578 � �
� Condomenium
. STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECLARATION �
�CHEDULE OF UNITS,ANU ALLQCATION OF COMMON EXP
ENSES AlY�2
�I UNDIVIDED INTERESTS 1N THE COMMON ELEMENTS
� Allocation of Common Expenses and
U�nit Identifier Undivided Interests in the Common Elements
�
101 1/57
102 1J57
103 1/57 �
' 104 1/57 i
� l05 ]/57 `
� 106 1/57 ' I
, 1Q7 1/57
� 108 1/57 . .
109 1/57
� 110 1/57
� 111 1/57
112 1/57
I 113 1/S7
� , 114 II
1/57
� l 15 1/57
116 1/57
117 1/57
� 118 1/S7
� 201 1/57 �
! 202 1/57 .
� 203 1/57
�04 I/57
205 - 1/57
206 1/57
: 207 1/57
' 208 1/57
' 209 1/57
I 21Q 1/57
i 211 1/57
2I2 1/57
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� Allocation of Common Expenses and "
1.Jnit Identifier Undivided Interests in the Common Elements i
� 2l3 l/57
' 214 . l/57 I .
; 215 - 1/57
� 216 t/57
; 2l7 ' 1/57 I
218 � 1/57 �
219 1/57 �
� 220 1/57 i
� 3d1 1/57
' 302 1/57
; 343 1/57
� 304 1/57
' 30� 1/57 I
, 306 1/57 i
� 307 1/57 �
' 308 1/57 I
� 309 � 1/57
310 . 1/57
311 I/57
� . 312 1/57
� 313 1/57
� 3 t4 1/57
� 315 1/57
' 316 ' 1/57
, 317 � 1/57
� 318 I/57
' 319 1/57 �
TOTAL: 57/57{100%)
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i COMMON INTERES'T COivin•IUNI'L'Y NO.NO. 1578 � �
Cond��mitiiunt '
STONEBAY Or ORONf) CONllOR�l.1�IIUM
CONSENT Sl' Mt).F27'CAGE� �
, , The undersigned (the "Mortgagee") is a mortgag�e of portions oT'the real p t�perty
descrribed in the attached Declaration of Stonebay of Orono Condo���inium (the "Declar ion").
Mort�agee hereby consents to ihis Declaration; provided, that by consenting to the Decl ration,
(i) tv�ortgagee does.not in any manner constitute itseli�or obligate ilselfas a Dec(arant as efi��ed
in th� Declaration, (ii) sucli consent does not �z�odiCy or �mend the tenns and conditions of the
Mortjgagee's tnortgage and related loan documenls, and (iii) such mort�;a�e shall remain a a lien
on th'e property described lherein, prior to any liens imposed iuider che Declaratioii,untii r�leased
or sa�isfied.
�
I1�,(�WITNESS WHERE F, the Mortgagee h�is caused this Cansent to be exec Ited on
the i U�-- day of S�� , 2007. �
; 1�lA1NS7'REl;'1' lit1�VK
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� E�'
STA�TE OF MiNNESOTA ) . i
) ss.
CO�JNTY Of�����s� ) I
� The foregoing instrument was acknowledged before nie this -t e� day of
�n�o�r, 2007, bY ,(3�y,r7��.,,�. �_, thc �y, v r U i�P o f
Mainstreet Bank, a Minnesota bank corp�ratson,on bchalf of said entity. Pi+rr,'
i � ' '
� =Notary Public . i
TH�S INSTRUMFNT WAS DRAFTED F3]': �
Fre rick R. Krietzman, Esq.
FE 1-{ABER, LA`fZSON, FENLON &VOG"t', P.A. SCOTTLKRYNSKI I
22�South Sixt11, Suite 2200 NOT1wYPt�uC-MtNNESOTA
• NY CAMMI5S10N EXP�S JAN.31, 10
Miq�neapolis, Minnesata SS402 '
(61�)373-8413 �
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�I COMMON INTEREST COMMUNITY NO.N0. 1578 `
� ' Condominium .
' � STONEBAY OF ORONO CONDOMINIUM
, CONSENT BY MORTGAGEES
The unciersigned (the "Mortgagees") are mortgagees of portions of the real pro erty .
describled in the attached Declarauon of Stonebay of 4rone Condominium (the "Declarat' n"}.
Mortgalgees hereby consent to this Declaration; provided, that by consenting to ihe Decla tion,
(i) Mo�tgagees do not in any manner constitute themselves or obligate themselves as Decl�rants
as def�ned in the Declaration, (ii) such consent does not modify or amend the te and
conditipns 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 und r the
Declar�tion,until released or satisfied.
'IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be execut d on
the '�day of I�c-��.ti5 a" ,Z007.
� �� .�
� ,
, � Dave
� �.""l
� Ra dy Koch
STATE OF MINNESOTA ) �
) ss.
CO[.lI�1TY OF D�� ��- )
The Iforegoing instrument was acknowledged before me this /��"� d ly of
/��i��.S �' ,2007,by Dave Koch and Randy Koch. �
y
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��-��r�s' �� / �d�i u
THIS�INSTRUMENT WAS DRAFTED BY:
Fredri�ck R. Krietzman,Esq.
FEL�ABER, LARSON, FENLON &VOGT, P.A.
220 South Sixth, Suite 2200
Minn�apolis,Minnesota 55402
(612}i373-8418 � ,
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