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' COMMON INTEREST COMMUNITY NO. 1578
Condominium
STONEBAY OF ORONO CONDQMINIUM
DECLARATION
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' This Declaration is rnade in the county of '� , state of Minnesota, o this
��day of_��5�" , 2007, by O.E. Development LC, a Minnesota limited Iia ility
company (the "DeclaranY'), pursuant to the provisions of Mim►esota Statutes Chapter S 1S$,
known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpo e of
creating Stonebay of Orono Condominium as a condominium under the Act.
• WHEREAS, Deciarant is the owner of certain real property located in Hennepin Co nty,
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit said-
real property and all improvements thereon {collectively the "Property") to the Act ' a
condominium,and
WHEREAS, Declarant desires to estabtish� on the Property a plan for a perm nent
residential community to be owned, occupied, and operated for the use, health, safety, and
welfare of the Owners and Occupants,and for the purpose of preserving the value, the struc ral
. quality,and the original architectural character of the Property,and
WHEREAS, the Praperty (i) is not subject to a master association as defined in the Act;
(ii) is not subject to an ordinance referred to ir Section 515B.i-106 of the Act, gove ing
conversions to common interest ownership; and {iii} does not include any shoreland as defin d in
Minne�ota Statutes Section 103F.205.
THEREFORE, Declarant subjects the Property to this Declaration under the ame
"Stonebay of Orono Condominium," consisting of the Units referred to in Section 2, decl ring
that this Declaration shall constitute covenants to run with the Property, and that the Pro erty
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shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, -
charges, and liens set farth herein, ail of which shall be binding upon all Persons owning or
. acquiring any right, title, or interest therein, and their heirs, personal representatives, successors,
and assigns.
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• SECTION 1 �
� DEFINITdONS
The followin�words when used in the Governing Documents shali have the foilowing meanings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter S�15B, known as the Minnesota
Common Interest Ownership Act,as amended. �
1.2 "Assessments" means and refers to all assessments levied by the Association
' pursuant to Section 6 and pursuant to the Act,including,but not limited to,annual
assessments,special assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 317A and Section S15B.3-101 of the Act, whose members consist of al]
Qwners.
� t.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
1.5 "Buildin�" means each structure which is or becomes a part of tl�e Property and
which contains at least one Unit.
!.6 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "Citv"means the city of Orono, Minnesota.
1.8 "Common Elements" means all parts of the Property except the Units, including
all improvements thereon.
1.9 "Common Exnenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Goveming Documents.
1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominium.
1.11 "Declarant Control Period" means,the time period during which Declarant has the
exclusive right to appoint the members of the Baard, as described in Secrion [6.
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1.12 "Eli�ible Mortgagee" means any Person which owrts a first mortgage on Unit ' �
and which has reqnested in writing that the Association notify it regardin any
proposed action which requires approval by a specified percentage of EI gibie
� Mortgagees.
� l.:3 "Governin� �ocuments" means this��eclaration, the Bylaws, and the Artic es of
� ' ]ncorporation of the Association, as those documents may.be amended from time
to time, all of which shall govern the use and operation of the Property.
' 1.14 "Limited Common Elements"rr�eans a portion of the Common Elements allo ated
by this Declaration or by operation of Section 5 l SB2-102(d) or{fl of the A t for
' the exclusive use of one ar more but fewer than ail of the Units.
,l.15 "Member"means a Person who is a member of the Association by virtue of eing �
an Owner as defined in this Declaratian. The words"Owner"and"Member' may
be used interchangeably in the Governing Documents.
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I.l6 "Occupant"means a Person,other than an Owner, in possession of,or residi g in,
a Unit. .
1.17 "Owner" means a Person wha owns a Unit, but excluding a contract for eed
, vendors,a moRgagee,a holder of a remainder interest or a reversionary inter st in
Ia life estate, and any other secured parties within the meaning of the Act_ The
, term "Owner" inc[udes, without limitation, a contract for deed vendee, a d a
holder of a life estate.
�.18 "Person" means a natural individuat, a corporation, a limited liability compa y, a
partnership,a trustee, or other legal entity capable of hoiding title to real prop rty.
1.19 "Plat" means one or more than one recorded plat depicting the Property pur uant
to the requirements of Section S15B.2-I10(c) of the Act, and satisfyin the
requirements of Minnesota Statutes Chapter 505, 508, or 508A; as applic ble,
including any amended or snppfemental Plat recorded from time to ti in
accordance with the Act. �
1_20 "Propert� means aIl of the real property subjected to this Declaration, now r in
the future, including all structures and improvements located thereon. The.
Property is legally described in Exhibit A attached hereta
121 "Rules and Re�u3ations" means the Rules and Regulations of the Associatio as
approved from time to time pursuant to Section 5.6. �
I_22 "Unit" means a gart of the Property within a Building other than the Ca on
Elements, including one or more than one room or enclosed space designed and
' intended for separate ownership and use, alt as described in Section 2 and sh wn
on the PEat.
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The terms used in the Governing Documents,and defined in the Act and not in this Section,shall '
have the meaning set forth in the Act. References to section numbers in this Declaration shall
refer to sections of this Declaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS,BOUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvect Units pursuant to Section 16. A11 Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcei af real estate. No portion af a Unit shall be transfecred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section lb, no additional Units rr►ay be created by the subdivision or conversion of
Units pursuant to 3ection S15B.2-I 12 of the Aci. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incocporated herein by reference. A schedule of the Units is
set forth in Exhibit B aitached hereto. �
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfmished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
- tiles, floor coverings, and other finishing materials adhered to the interior of the iJnit boundaries
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utility lines, pipes, ductwork, mechanica(,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but
Iocated in or passing throa�h a Unit, shall be Common Elernents. The boundaries of each Unit
shall also extend along t�e inside unfinished surfaces of the Unit's perimeter doors and windows,
: and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, �interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of�the Unit.
2.3 Anpurtenant Easements. The Units and the Common Eiements shail be subject to
and benefited by the easements described in Section 12. i
SECTION 3 '
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COMMON ELEMENTS,LIMITED COMiNON ELEMENTS,
AND OTNER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.i.1 Alt of the Property not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on[he Plat,or in the Act;
3.1.2 The Coinmon Elernents shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Occupants in Limited Common
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Elements appurtenant to their respective Units; and (iii) the right af the Associati n to .
,establish reasonable Rules and Regulations governing the use of the Property; �
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� 3.l.3 Except as otherwise expressly provided in the Governing Documen s, (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 Boar and
;ii)all maint�nance,repair,replacement, improvement, management, and operation f the
Common Elements shall be the responsibility of the Association;and
' 3.t.4 Common Expenses for the maintenance, repair, replace ent,
management, and operation of the Common Elements shall be assessed and coll cted
from the Owners in accordance with Section 6.
3.2 Limited Common Elements. The Limited Common Elements are those pa s of !
the Common Elements reserved for the exclusive use of the Owners and Occapants of the nits
to whiah they are allocated, as described in this Declaration and ihe Act. The rights to th use
and e�joyment of the Limited Common Elements are automaticaUy conveyed wi the ,
conveyance of such Units. The Limited Comrr►on Elements are described and allocated t the
Units as follows:
� 3.2_1 Those items or areas designated as Limited Common Elements on th Plat
or by the Act are allacated as indicated therein.
3.2_2 lmprovements, if any, such as decks, patios, porches, balconies, shu ers,
awnings, perimeter windows and doors, window screens, window boxes, sleeve and
fittings surrounding window air conditioning units, chimneys, driveways, alks,
doorsteps and stoops, constructed as part of the original conshvctian to serve a s ngle
Unit or Units, and replacernents and modifications thereof authorized pursuant to Se tion
� 7.10, iocated wholly or partially outside the Unit boundaries, are allocated exclusiv 1y to
',the Unit or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires,,conduits or other u iliry
installations, bearing walls, bearing columns, or any other components or fixtures ying '
partially within and partially outside the boundaries of a Unit, and serving oniy that nit,
. are allocated to the Unit which they serve. Any portion of such inStallations serv' g or
,affecting the function of more than one Unit or any portion of the Common Element is a
part of the Common Elements,but is not a Limited Common Element. .
3.2.4 Heating, ventilating, or air conditioning equipment serving one or ore
than one Unit, and tocated wholly or partially outside the boundaries of one or more than
one Unit, are Limited Common Elements allocated to each Unit served by uch
equipment.
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SECTION 4 �
ASSOCIATION MEMBERSHIP: RIGHTS AND QBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in the Association, a.ponion of the Common Expense�, and a portion of the undivided interests
in tne Cornmon Eiements,shall be governed by the following proti isions:
4.1 Membership. Each Oumer shall be a Member solely by reason of owning a Unit,
and the tnembership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,all snch Persons shall be members of the Association,but . '
rnultipie ownership of a Unit shall not increase the vo#ing rights allocated to�such Unit nor '
authorize the division of the voting rights. � '
4.2 Allocation of Votin� Ri�hts, Common Expenses, and Undivided lnterests. �
Common Expense obli�ations and undivided interests in the Common Elements are allocated ;
equally among the Units, subject to the Association's right to tevy limited Assessments under i
Sections 6.4_ Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 4.3 Aapurtenant Rights and Obligations. The ownership of a Unit shail include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
, obligations, and the title to the Units, shall not be separated or conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate from the titie to the Unit shall be void. The allocation of the rights and obligations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated to act as proxy I
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 �
ADMINISTRATION
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The administration and operation of the Association and the Property, including; but not
limited to, the acts required of the Association, shall be governed by the follawing provisions:
5.1 General. The operation and administration of the Association and the Property
shall be govemed by the Goveming Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Governing Documents and
. the Act, be responsible for the operation, management, and control of the Property. The
Association shall have al] powers described in the Governing Documents,the Act and the statute
under which the Association is incorporated_ All power and authority of the Association shall be
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� vested in the Soard, unless action or approval by the individual Owners is specifically requ red -
by the �oveming Documents or the Act. All references to the Association shall mean the
AssociaCion acting throug}i the Board,unless specificatly stated to the contrary.
5.2 Oaerational Purposes. The Association shall aperate and manage the Prope for
the purposes of{i) administering and enforcing the covenants, restrictions, easements, char es,
and liens�set forth in the Governing Documents and the Rules an� Regulations, (ii) maintain ng,
repairing, and replacing those portions of the Property and ather property for w�ich i is
responsi�ble, and(iii) preserving ihe value, and the architectural uniformity and character, o the
Property�_ �
5.3 Bindin� �ffect of Actions. All agreements and deterrninations made by tile
Association in accordance wi[h the powers and voting rights established by the Gove ing
Docurnenis or the Act shall be binding upon all Owners and Occupants, and their lessees, gu sts,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in the
Act.
3.4 B_,_ylaws. The Association shall have Bylaws. The Bylaws shall govern the
operation and administration of the Association, and shail be binding on all Owners and
Occupants.
5.5 Mana�emeni. The Board rnay delegate to a manager or managing agent the
management duties imposed upon the Association's officers and directors by the Gove ing
Documents and the Act. However,such delegation shall not relieve the officers and directo�js of
the ultirr�ate responsibility for the performance of their duties as prescribed by the Gove ing
Documents and by law.
5.6 Rules and Re�ulations. The Board shall have exclusive authority to approve and
implem�nt such reasonable Rules and Regulations as it deems necessary from time to tim for
the purpose of operating and administering the affairs of the Association and.regulating the use
of the �roperty; provided, that the Rules and Re�ulations shall not be inconsistent with the
Governing Documents or the Act. T'he inclusion in other paRs of the Governing Documen of
authority to approve Rules and Regulations shal] be deemed to be in fuRherance, and n t in
limitation,of the authority granted by this Section. New or amended Rules and Regulations hall
be effective only after reasonable notice thereof has been given to the Owners.
�.7 Association Assets; Surplus Funds. All funds and real or personal pro rty
acqUired by the Association shall be held and used for the benefit of the Owners for the pu � ses
' stated in the Goveming Documents. Surplus funds remaining after payment of or provisio for
Common Expenses and reserves shall be credited against future Assessments or adde to
reserves, as determined�y the Board.
.� 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
purchas r a resale disclosure certificate containing the information required by Section 515 .4-
107(b} f the Act. Pursvant to Section S I SB.4-107(d) of the Act, the Association shall, w'thin
ten days (or within such ather 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 .
Association may charge a reasonable fee for furnishing the resale disclosure certificate and any
documents related thereto.
SECTION 6
� ASSESSMENTS
6.1 Generai. Assessments shall be determined and assessed against the Units by the •
� Board, in its discretion,subject to the requirements and procedures set forth in this S�ction 6 and
the Bylaws. Assessments shall inciude annuai Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
� special Assessments shall be al(ocated among the Units in accordance with the allocatian
formula set forih in Section 4.2. Limited Assessments under Section b.4 shall be altocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common Expenses of the Association for that year which are to be shared equally
. by ail Units in accordance with the allocation set forth in Section 42. Annual Assessments shall
be payable in equal monthSy or quarterly installments, as determined by the Board. Annual
Assessments shatl provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Uniil the first annual Assessment is levied, Declarant shal! pay all Common
Expenses.
b3 Special Assessments. In addition to annual Assessments, and subject to the •
limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the putpose of defraying in whole or in part (i) the cost of
any unforeseen and unbudgeted Common Expense, {ii) general or specific reserves for
maintenance, repair,or replacement of any part of the Property,and(iii) the maintenance, repair, , i
or replacement of any part of the Property,and any fixtures or other property related thereta
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments,the Board has the authority to(and, in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following reyuirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed exclusively againsi each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than al] of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessrrzents and special Assessments,the Boar has -
the authority to {and, in certain instances set forth in this Section 6.4, shalI) levy and
' allocate iimited Assessments among only certain Units in accordance with the follo ing
requirements and procedures.
. 6.4.4 The�osts of insuranee may be assessed in proportion of the square fo tage
or actual cost�er Unit. �
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i 6.4.5 Reasonable attomeys' fees and other costs incurred by the Associati n in
� connection with (i) the collection of Assessments and (ii) the enforcement o the
Coverning Documents, the Act, or the Rules and Regulations, against an Own r or
Occupant or their tenant�or guests,may be assessed against the Owner's Unit.
6.4.6 Late charges, .fines, and interest may be assessed as provide in
�ection 14.
6.4.7 Assessments levied under Section S15B3-1 ib(a) of the Act to p y a
judgment against the Association may be levied only against the Units existing a the
time the}udgment was entered, in proportion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused b the
act or omission of any Owner or Occupant, or their guests•or envitees, the Associ tion
rmay assess the costs of repairing the damage, or any increase in insurance rates dir ctly
�ttributable ta the Act or omission,exclusivety against the Owner's Unit to the extent that
- the damage is not covered by insurance.
6.4.9 lf Common Expense liabilities are reallocated for any purpose autho �zed
by the Act, Assessments and any instal]ment thereof not yet due shall be reca]culat d in
accordance with the reallocated Common Expense liabilities
Assessr�pents levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion be
assessed as a part of,or in addition to,other Assessments levied under Section 6.] or 6.2: _ �
6.5 Workin�Capital Fund. There shall be established a working capital fund to eet • �
unfores�en expenditures ar to purchase additionat equipment or services for the Associa ion. �
The Board may include in each subsequent annual budget a reasonable amount of wor ing
capital, hased upon the anticipated needs of the Association for the year in question. There hall
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each nit
by Decl�rant, an amount equal to four monthly installments of the estimated annual Assess ent
for the Wnit in the year of the sale. The contribution shali be paid at the earlier of(i)the ti e of
closing af sale of the Unit or (ii)the time of termination of the Declarant Control Period. The
contributions to this fund are in addition to the regular installments of annual Assessments, and
shall na# be a credit to the regular installments of annual Assessments levied against the
respective Unit. The funds shall be deposited into a s�gregated Association account no later han
the termination of the Declarant Control Period. Funds deposited in said account shall n t be
used to defray any of Declarant's expenses, reserve contributions or construction costs, n r to
make up any budget deficits during the Declarant Control Period. However, upon the closin of
the initi�l sale of a Unit, Declarant may reimburse itself from funds collected from the purch ser
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at the closing for any prior contributions made by Declarant to the working capitaE fund wifh �
respect to that Unit.
6.6 Liability of Owners for Assessments_ Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the Owner
i � acquires titie to ths Unit or(ii) the due date of the first Assessment levied against the Unit by t}ie
Board. The Owner at the time an Assessment is payable with respect to the Unit shail be
personally liable for the share of the Common Expenses assessed against such Unit. Such
(iability shall be joint and several where there are multiple Owners of the Unit. The liability is
' absolute and unconditional. No Owner is exempt from liabiIity for payment of Assessments by �
righi of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any.claim against
Declarant, the Association, or the Association's officers, directors, or agents, or far their failure
� to fulfill any duties under the Governing Documents or the Act. '
� b_7 Declarant's Altemative Assessment Pro�ram. The following altemative
Assessment program is established pursuant to Section 515B,3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been Jevied, Declarant may elect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the�share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declatant as
. required by Section S15B.3-1 ES of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the level of services for other
items set forth in the Association's budget.
6.7.3 Declarant's reduced assessment obligation shall apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issuance of a final certificate of
occupancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Association has a lien an a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section 515B.3-102(a)(10), (1 I), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and perfection of any lien �nder this Section 6, and no further recordation of any
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notice of or claim for the Iien is required. The release of the lien shall not release the O ner .
from personai liability unless agreed to in writing by the Association.
6.9 Foreciosure of Lien; Remedies. A lien for Assessments may be foreclosed
against a Unit under the taws of the state of Minnesota(i)by action, or(ii) by advertisemen in a .
like manner as a mort�age containing a power of sale. The Association, or its autho 'zed
repres�ntati��e, sha!! have the pewer to bid in at the foreclosur.e sale and to acquire, hold, I ase,
mortgage, and convey any Unit so acquired. The Owner and any other Person claimin an
interest in the Unit, by the acceptance or assertion of any inte:est in the Unit, grants t the
Association a power of sale anci full authority to accomplish the foreciosure. The Associ tion
� shall, in addition to its other remedies, have the right to pursue any other remedy at law r in
equity against the Owner who faiis to pay any Assessment.or charge against the Unit.
6.10 Lien Prioritv; Foreclasure. A lien for Assessments is prior to all other lien and
encumbrances on a Unit except(i) liens and encumbrances recorded before this Declaratio , (ii)
any first mortgage an the Unit, and (iii) liens for real estate taxes and other governm ntal �
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mo gage
on a Unit is foreclosed, (ii) the first mortgage was recorded on or after the date of recordi g of
, this Declaration, and (iii) the Owner of the Unit does not redeem from the foreclosure durin the ,
� Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
! the holder of the sheriff s certificate of sale from the foreclosure of the first mortgage shakl take �
title to the Unit subject fo a lien in favor of the Association for unpaid Assessmen s or
instaltments thereof levied pursuant to Sections S 15B.3-i 15(a), (e)(1) to (3), (fl, and (i) f the
Act wTiich became due, without acceleration, during the six months immediately precedin the
first day following the end of the Owner's period of redemption.
6.13 Real Estate Taxes and Assessments. Real estate taxes, special assessments and
other charges and fees which would normally be levied against the Common Eiemen s by
govemmenta! autfiorities, shall be allocated eq�ally among and levied against the Units and
shall be a lien against each Unit in the same manner as a lien for real estate taxes and real state
special assessments levied againsrthe Unit alone.
6.t2 Voluntarv Convevances; Statement of Assessments_ In a voluntary conve ance �
of a Unit the buyer shall not be personaily liable for any unpaid Assessments and other ch rges �
made by the Association against the seller or the seller's Unit prior to the time of conveyan e to
� the buyer, unless expressly assumed by the buyer. However, the lien ofsuch Assessments shall
remain against the Unit until released. Any seller or buyer shall be entitled to a stateme t, in
recordable forrn, from the Association setting forth the amount of the unpaid Assess ents
against the Unit, including all Assessments payable in the Association's current fiscal ear,
which statement shall 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 assertion f an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in additi n to
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any other restrictions which may be imposed by the Act or the Goveming Documents, the �
occupancy, use, aperation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property sha}1 be owned, conveyed, encumbered, leased, used, and
occupied subject to the Governing Documents and the Act, as amended from time to time. All �
covenants, restrictions, and objigations set forth in the Goveming Documents are in furtherance
. of a plan for the Property, and shall run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the Property,
their heirs,personal regresentatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Section 1b.2, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitianed, or converted without fhe prior written approval of ali Owners and all
secured parties holding first mortgages.on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single family residential dwellings, and not for transient, hotet,
commercial, business,or other non-residential purposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve months or any occupancy
which includes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes. .
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4:1 An Owner� or Occupant residing in a Unit may maintain a home
occupation in such Unit;provided, that such use (i) is incidental to the residential use; (ii) i
does not involve physical alteration or improvement of the Unit visible from the exterior
of the Unit; (iii) is in compliance with all governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
, dispIays, unusual numbers of deliveries, or unusual levels of pedestrian or, vehicular
i traffic to and from the Unit; {v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occupants.
7.4.2 Dec]arant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.43 The Association may maintain offices on the Property for management
and related purposes. .
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7.5 Leasin . Leasing of Units shall be al[owed (subjeet to reasonable regulatio by
the As�ociation) but only in accordance with the fotlowing conditions: (i) no Unit ma be
subleas�d, (ii) a Unit must be leased in its entirety (not by room), (iii) the lease shall e in
writing,(iv)unless otherwise required in connection with the financing,guarantee,or insuri g of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be or a
" period 3ess than twelve months, except for extenuaring situatior,s,�(v) the lease shall pravid that
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and tha any
failure bf the lessee to comply with the terms of such documents shall be a derault unde the
lease, and (vi) prior to occupancy of the Unit by the lessee(s), the Association shall rece ve a
copy of the fully-signed lease along with a written list of the name and telephone numher of each
Person who wiil occupy the Unit under the lease,and the absentee address of the]easing 0 ner.
The Association may impose such reasonable Rules and Regulations as may be necessa to '
implement procedures for the leasing of Units, consistent with this Section and appiicable law,
includi�g but not limited to {i}a requirement for a form addendum to be attached to each le e to
assure Chat the rights and authoriry of the Association and Owners and Occupants are recogn zed,
and (ii) a requirement for the screening of lessees through a reputable, professional scre ning
organization; provided,that such screening shall not violate federal, state, or local discrimin tion
faws.
7.6. Delegati�n of Use. An Owner's right of use and enjoyment of the Unit sh il be
automatically delegated to other persons living in the Unit pursuant Eo a legal right of posse ion;
provided, that such persons shall be subject to the Governing Documents and the Rule and
Re�ulations. Unless otherwise authorized in writing by ihe Board, if persons othsr th the
Owner or the Owner's family (e.g., ]essees) have been given the legal right to posses� the
Owner's Unit, then those persons shall have the right to use any recreational facilities, p •ing,
storag�, and other amenities available by reason of.occupancy of the Unit in lieu of the O er
and the Owner's family.
' 7.7 Parkin . There are ninety-five Common Element vehicle garage tatls �
{collec ively the "Stalls," and individualty a "Stall") in the lower level of the Building. The
Stalls nd other parking spaces on the Property shall be used only for parking of vehicles o ned
or leas d by Owners and Occupants, and such other incidental uses as may be authoriz d in
writing by the Association. A Stall shall not be converted to other uses or used for stora e or
other purposes which would prevent the parking of a mid-size automobile in the Stall, exc pt as
authoryzed in writing by the Association. The use of the Stalls, other parking spaces and �
driveways on the Property, and the types of vehicles and personal property permitted th reon,
shail be subject to regulation by the Association, including, but not limited to, the right f the
Associ�tion to tow illegally parked vehicles or to remove unauthorized personal property.
� 7.8 Stalls. The Stalls shall be assigned to various Units; and the operatio and
transfe¢� of the Stalls shalE be administered, in accordance with this Section 7.8. The f�lt wing
condit�ons and restrictions shall govern the assignment, use,and transfer of the Stalls.
�� 7.8.t The initiat assignment of a Stall to a Unit shalt be made by the Assoc ation
'as directed by Declarant at the time of the first conveyance of the Unit by Dec] rant.
Upon the closing of the initial sale of a Unit, the Association shall, as direct d by
Declarant,assign to the Unit the exclusive right and license to use at least one Stalt. Each
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Stall assigned by the Association shall be deemed to be licensed and assigned by the •
Association to the Unit to which it is assigned. After all Units owned by Declarant have �
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rentai or assignment by the Association to Owners or Occupants,as determined by the
Board. The Association may, after Deciarant no langer owns any Unit, rent or otherwise
assign any unassigned �talls to Owners or Occupants. _
7.8.2 The use rights with respect to each Stall shall be deemed to be licensed
exclusi�ely to the Owner of the Unit to which the Stall is assigned. The Association shal�
maintain records identifying the Stalls, the Units to which they are assigned,the names o#'
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of garage stall assignment{the"Garage Certificate") shall be signed and dated �
on behalf of the Association and made available for delivery on the date the Owner
' acquires title to the Unit to which the Stall is assigned. T'he Associadon shall not
unilaterally reassign any Stall assigned to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.83 A Sta11 shall remain with the Unit to which is it assigned unti] the license
is uansfened in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Stall
license may be transferred to another Unit, but only by first delivering to the Association
(i) a written transfer certificate, i-n a form approved by the Association, signed by the
transferor and the transferee, and (ii) all prior Garage Certificates and copies thereof
issued with respect to the Stall. The Association shall review the proposed transfer
• certificate for compliance with this Section 7 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The license to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section 7.8. In the absence of a properly executed assignment to
the conuary, the license to use a Stall assigned to a Unit at ihe time of the Unit's �
conveyance shall be automatically assigned with the conveyance oftitle to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Unit j
only to or by other Owners and Occupants. The lease or other use right shal! be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreernent
with respect to the Stall assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use a�reement to the Association. The Association may hold,reassign the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first]ien or other security interest
on a Unit shall include the license to any Sta(l which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported trans r of •
any intecest in a 5tali in violation of this Section 7.8 shal! be void:
7.8.7 The use of the Stalis, and the size and types of cars and other moto 'zed
vehicles which may be kept in a Stall, are subject to RuEes and Regulations as appr�ved
. f�om iime to time by the Board. •
7.� Storage Spaces. There are ninety Common EIement storage spaces located i the
lower lievel of the Building (collectively the "Storage Spaces," and individually a "St rage
Space"). The assigmnent of the Stora�e Spaces, and the operation and #ransfer of the St rage �
Spaces, shall be administered in accordance with this Section 7.9. The following condition and
restrictibns shall govern the assignment,use,and transfer of the Storage Spaces.
• 7.9.1 The initial assignment of a Storage Space to a Unit shali be made b the
iAssociation as directed by Deciarant at the time of the first conveyance of the Un t by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shali, as dir cted
by Declarant, assign to the Unit the exclasive right and license to use at least one St age
Space. Each Storage Space assigned by the Association shal3 be deemed to be lice sed
and assigned by the Association to the Unit to which it is assigned. After all Units o ned
by Declarant have beea conveyed, any unassigned Storage Spaces shall be deemed t be
assigned to the Association. The Association may, after Declarant no longer owns any
Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupan .
7.9.2 The use rights with respect to each Sterage Space shall be deemed t be
licensed exclusively to the Owner of the Unit to which the Storage Space is assi ed.
The Association shall maintain records identifying the STorage Spaces, the Units to w ich
they are assigned, the names of the Owners of the Units, and the dates of assignment and
.any reassignmenCs. A written certificate of Storage Space assignment (the "Sto ge
Certificate") shali be signed and dated on behalf of the Association and made avail ble
for delivery on the date the Owner acquires title to the Unit to which the Storage Spa e is
assigned; provided, that the Owner has been assigned a Storage Space. The Associ ion i
shall not unilaterally reassign any Storage Space assigned to a Unit.
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7.93 A Storage Space license shall remain with the Unit to which it is assi ned
until the license is transferred in accordance with this Section 793. .Subject to Sec ion
7.9.2, a Storage Space may be transferred to another Unit, but on(y by first deliverin to
the Association (i) a written transfer c�rtificate, in a forrn approved by the Associat on,
sagned by the transferor and transferee, and (ii) all prior Storage Certificates and co ies
thereof, issued with respect to the Storage Space. The Association shall review the
proposed transfer for compliance with this Section 7,9 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transf ree
and issue a new Storage CertiFcate to the transferee. The license to use the Sto ge
Space shall rernain with the Owner and Unit to which it is transfened until the licens is
transferred in accordance with this Section 7.9. In the absence of a properly exec ted
assignment to the contrary, the license to use a Storage Space assigned to a Unit at the
time of the Unit's c�nveyance shall be automatically assigned with the conveyanc of
title to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned ta his •
or her Unit Qnly to or by other Owners and Occupants. The lease or ather use right shall
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 agreement
with respect to the Storage Soace assigned to ihat Owner's• Unit, and shail promptly
provide a copy of the lease or use agreement to the Association. The Association may
hold, reassign the license for, or rent, a Storage Space assigned to it in the same manner
as an Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall inctude the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the even# of a
foreclosure of the lien or other security interest. .
7.9.6 Any license, ]ease, rental, assignment, transfer, or purported transfer of �
any interest in a Storage Space in violation of this Section 7.9 shall be void.
" 7.9.7 The use of the Storage Spaces, and the items that may be stored in the
Stora�e Spaces, are subject to Rules and Regulations as approved from time to time by
the Board.
7_l0 Animals. The Board shall have the exclusive authority to regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweiilers, Pitbulls, or poberman Pinschers),cats, small birds, small
fish, and other animais generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.L0.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Goveming Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No anima! of any kind shall be raised or bred, or kept far business or
commercial purposes,by any Person upon any part of the Property.
7.103 Pets shall not be allowed to make an unreasonable amount of noise, or to
� become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shall be housed only within Units, and not within the Common
Elements. No structure, fence, or enclosure for the care, housing, or confinement of any
pet shatl be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may aff'ect another Unit or the Common Elements.
7.10.5 Pets shall be under control of an aduit individual at all times when oatside
of the Unit.
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� 7.10.6 Owners and Occupants keeping pets within their Units are responsib�e for •
! 'the pet's behavior and for complying with municipal pei iaws,, ordinances, and
� regulations. An Owner is liable to the Assaciarion for the cost of repair of any dam e to
the Property,or the damages and expenses associated with any personal injury,caus d by
• an animal (i) kept by that Owner on the Property, (ii) kept on the Property y an , �
Occupant of that Owner's Uni�;or(iii)broughf upon the ProQeriy by a guest or invi e of � .
'that awner or that Occupant. -The owner of that animal (ii not that Owner)shali al o be
liable for such costs,damages,and expenses.
7.10.7 The Board shall have authority to determine in its sole and abs lute
discretion whether a particular pet shall be permanently removed from the Propecty ased
uvpon the pet's behavior or the failure of the pet's owner to comply with(i)this Secti n 7,
{ii) applicable governmental restrictions, laws, or ordinances, or (iii) any addit onal
restrictions approved by the Board; provided, that such removal shall be subje t to
Section 13.3.
' 7.10.8 Any fine, or costs for repair or,inju .ry, imposed upon an Owner or a
faiiure to comply with any pet restrictions shal] be an Assessmeni against the Ow er's
iUnit.
, 7.11 Quiet Enioyment; lnterference Prohibited. Subject to Section 7.16, all O ners
' and Oc�upants and their guests shall have a right of quiet enjoyment in their respective U its,
subject to the rights of other Owners and Occupants to reasonable use of their respective nits
and the usuat and customary sounds generated thereby given the mu�ti-family, apartrr�ent- tyle
structure of the Building. Taking into consideration the nature of the Building structure, 0 ers
and Occupants 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
enjoyment of the Property by other Owners and Occupants and their guests. .
7.12 Compliance with Law. No use shall be made of the Property which wouid vi late
any then existing municipai codes or ordinances, or state or federal iaws and regulations,�nar
shall an� act 'or use be permitted which could cause waste to the Property, cause a mat rial �
increase in insurance rates on the Property, or otherwise cause any anusuaf liability, healt� or j
safety risk,or expense,for the Association or any Qwner or Occupant. �
7.13 Alterations. Except for those made by Declarant in consideration of its inifial ale
of a Uni�2 and except as otherwise pravided in Section 8, no alterations (as defined in Sectio 8)
shall be made, or caused or allowed to be made, in any part of the Common Etements, or in any
part of tk�e Unit which affects the Common Elements or another Unit, or which is visible om
the exterior of the Unit, without the prior written authorization of the Board, or a commi ee
appointed by it, as provided in Section 8. No Owner or Occupant shall (i} cause or permit ny
physical'�changes to his or her Unit that could jeopardize or impair the weather-tight soundnes or
safety of zhe Building,ar any Building system, or other improvement located on the Properk • or
(ii) inter#'ere with any easement affecting the Property.
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7.14 Tirne Shares Prohibited. The time share form of ownership, or any comparable •
fonn of tease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.15 Access to Units. ln case of emergency which constitutes an immediate and
mater�al threat to the Propeny or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, without notice and at any time, by an officer or
member of the Board, by the Association's management agents, or by any public safeiy
personnei. Entry is alsa authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
. 7.16 Public Works Facilitv. The City's public works facility(the"Facility")is located
directly to the west of the Property. The Facility is.used by the City for, among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City. The Facility is operated by the Ciry twenty-four hours a day, seven days a week. Given ,
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,sounds, lights,and smells associated with the Facility.
7.17 StoraQe. Subject to the provisions of Section 7.9, personal properry may not be
stored, displayed, or otherwise left outside the l3nits, except as authorized by the Board. All
portions of the Common Elements used for access ta and from the Units and to and from the
lower level of the Building, may not be obstrvcted, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage.
7.18 Prohibited Conduct. No Owner or Occupant shall{i)cause or permit any physical
changes to their Unit or the Common Elements that could jeopardize or impair the weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii)interfere with any easement; (iii) install or permit the installation of hard surface
floor coverin�s within their Unit without the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed. in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which could affect or
. damage the sound barriers or sound attenuation materials instatled on or within the ceilings,�
' floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8 �
ARCHITECTURAL STANDARDS
8.1 Restrictions on Improvetnents. One of the purposes of this Declaration is to
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be 4cept architecturally attractive, and consistent in appearance, and
structura�ly sound_ Therefore, except as set forth in Section 5.5, the following restrictions and
requirements shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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individually a "alteration"), including, but not limited to, any structure, buil ing, '
addition, deck, patio, fence,wall, enclosure, window,exterior door, antenna or other type
of sending or receiving apparatus, sign, flag, display, decoration, color ch ge,
shrubbery, materiai topographical or landscaping change,or any other exterior altera ions
to or of a Unit or a Limited Cammon Element, shail he made, or caused or allowed� o be
rnatie, by any Owner or rJccupant,'o;their invitees, in any part of the Cammon E1em nts,
�r in any part of the Unit which affects the Common Elements or another Unit, or hich
is visibie from the exterior of the tJnit, unless and until the plans and specifica ions
showing the nateare, kind, shape, height, color, materials, and locations of the altera ions
shall have been approved in writing by the Board or a committee appoin#ed by it In
addition, Declarant's written consent shall also be required for alterations until Decl rant
no longer owns a Unit for initial sale.
8.1.2 The Board may appoint, supervise, and disestablish an architec ral
�ommittee, and speci�cally delegate to it part or atl of the functions which the B ard
exercises under this Section 8, in which case the references to the Board shall refer t the
architectural committee where appropriate. The architectural committee shall be su ject
t�O the supervision of the Board. �
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8.1.3 The Board shall establish the criteria for approval of alterations, ich
shall (i) adequately protect the Property, the Association,and the Owners and Occup nts,
: from liability and liens arising out of the propose.d alterations or any construction act vity
i� connection therewith, and (ii) cornply with a31 governmental laws, codes, 'and
regulations. The criteria for approval of alterations shalt include and require, ' t a
minimum:
' 8.13.1 substantial uniformiry of color, location, type, and desig in
relation to existing structures and topo.graphy,.
, 8.1.3.2 comparable or better quality of materials as used in exi ting
' improvements on the Property, • ' �
8_I.3.3 ease of maintenance and repair, �
8.13.4 adequate protection of the Property, the Association, the Ow�ers,
and the Occupants from liability and liens arising.out of the proposed alteratio s,
, 8.L3.5 substantial preservation of ather Owners' sight lines, if mat rial,
and
8.1.3.6 compliance with govemmental laws,codes,anti regulations.
8.1.4 The Board, or the appointed architectural committee if so authorize by
�e Board, in its sole discretion, may impose standards for design, appearance' or
construction 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 ral
haracter and use of the Property as planned and developed by Declarant. The Boar , or
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the appointed architectural committee if so authorized by the Board, shall be the sole • •
judge of whether such criteria are satisfied, and its determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person holding or acquiring an
interest in the Unit. The purpose of the criteria estabtished by the Board shall be (i) to ;
preserve the architecturaI sryte and uniformity, the quality and value of the Property,and �
(ii) te protz�i the A_ssociation ard the Qwners frQm undue liability arisir.g �ui of th� •
aiterations or any construction activity in connection therewith. �
8.i.5 Alterations may be made in compIiance with Section S15B.2-113 of ihe ,
Act, and retocation of the boundaries of the Units may be made in compliance with
Section S 15B.2-114 of the Act.
8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the Building and Units, shal] create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
approved, noiwithstanding any contrary requirement in the Governing Documents or the
Act. A fite of the resolutions approving all aiterations shal{ be maintained permanently
as a part of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section 8: .
8.2.1 Detailed plans, specifications, and related information regarding any �
proposed alteration, in form and content acceptable to the Board,sha1) be submitted to the
i Board (or the committee)and to Dectarant(as long as Dec]arant is the owner of a Unit) at
I least sixty days prior to the projected commencement of construction. No alterations
I shall be commenced prior to approvaL
8.2.2 The Board(or the committee} and to Declarant(as long as Declarant is the
owner of a Unit) shall give the Owner written notice of approval or disapproval. If the
Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board(or the committee) and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that the alterations are done in accordance with the plans,
specifications, and related information which were submitted. �
8.2.3 If no request for approval is submitted, a.pprova! shail be deemed to be
denied. .
8.3 Remedies for Vioiations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incutred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shali.be a lien against each of the Owner's Units and be a pe�sonal obligation of the Owner.
In addition, the Association shail have the right to enter the Owner's Unit and to restore any part
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of the Huilding or that Unit to the prior condition if any alterations were made in violation o 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. i
8.4 Owner Resnonsibilitv/Indemnitv. An Owner who causes an alteration t be
made, regaidless of whesher the alteration is approved by the Board, shall b� responsible fo the
� construction work and any clai�ns, damages, iosses, or liabitities arising ovt of the altera ion.
The Owner, and not the Association, is respansible for determining whether any alteration 's in
violation of any restriction imposed by any governmenta] authority having jurisdiction o�e any
portion of the Aroperty. The Owner shall hold harmless, indemnify, and defend the Associa ion,
and the iAssociation's officers,directors, committee members, and management agents, fro and
against any expenses, claims, damages, losses, or other liabilities, including without limit tion
attomeys' fees and costs of litigation, arising out of (i) any alteration which violates any
governmental taws, 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$the
alteration.
8.5 Exemptions. The requirements set forth in this Section 8 {except Section 8.4)
shall not apply to the following:
8.5.1 Construction, reconstruction, or remodeling by Declarant in conne tion
with its sale of Units.
' ' 8.5.2 The instailadon of the following antennas within a Unit or with n a �
Limited Common Element, as permitted by applicabie law: (i) one antenna one met r or
less in diameter for the purpose of receiving direct broadcastlsatel(ite service or v deo
programming services, or (ii) any antenna for receiving television broadcast sig als.
However, the Board or a committee appointed by it, may require that the antenn be
installed so as to minimize its visibility from the front of the Unit and othe ise
camouflage its appearance, uniess such requirernents would violate applicable law, e
$oard shall have authority to impose further, reasonable related requirements consis ent
with law. The Owner or Occupant of the Unit shall perform and pay for the instaliat on, ''
maintenarice, and repair of the installation. . i
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. , 8.5.3 Alterations permitted by the Rules and Regulations. �
SECT[ON 9
, MAINTENANCE
9.1 Maintenance bv Association. Subject to Section 9.2,the Association shall pro ide
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"maintaip") of the Common Elements and the Limited Cammon Elements, in accordance ith,
and subj�et to,the following qualifications: '
9.1.1 The c�st of maintenance of a Limited Common Element required to be
updertaken by the Association shal] be assessed against each Unit to which the Lim ted
Common Element is allocated. The Associatian may assign to an Owner the abligat on
MPLS•Word 95281.I I z�
for routine maintenance of a Limited Common Element a(located to the Owner's Unit. •
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cast. The
Association shall have an easement on, over, and through that Unit and the Limited
�ommon Element for purposes of perfarming said maintenance. �
9.1.2 The Associatian shall be responsible for incidenta] damage caused to a.
Unit or its Limited Common Elements by work undertaken by ihe Assaciation pursuant
to this Section. �
9.1.3 If damage to the Common Elements, the Limited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Common Elements�which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the damage or correct the '
condition, charge the Owner for the cost of the maintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1_ "Che Association sha11 have an easement on, over,and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9_].4 Notwithstanding the assignrnent of any maintenance obligations to an
, Owner, the Association shall have authoriry to approve any maintenance which affects
any part of the Property other than the Unit, which may impair any easement, or�which
alters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for .
Stonebay recorded in the office of the County Recorder in and for Heruiepin County,
Minnesota, on July 24, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to maintain
thase unpaved portions of Keiley Parkwaylying within the Common Elements.
9.2 Optional Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may, with the approvat of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written baIlot, undertake to provide
maintenance to parts of the Unifs.
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregaing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Sectian 9 to one or more than one Unit, pursuant to Section 6_4.
9.4 Owner Rest�onsibility. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and replacernent as follows: .
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9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sa itary •
condition, and to maintain the Limited Common Elements allocated to the Owner's Unit I
��o the extent assigned to the Owner under Section 9.1.I. The Association may requir that �
the Owners perform their maintenance obiigations in accordance with stan ards
established by the Association.
- 9.42 Ta perforrz the foregoing maintenance obligations in such rnanner not '
to damage the Praperty, or unreasonably disturb or cause a hazard to other Pe sons
_ occupying or using the Property.
The Association may, with the a�proval of the Members, undertake any
maintenance of a Unit which the responsible Owner fails to or improperly performs and
� assess the Unit and the Owner for the cost thereof. No sach approval shall be nece sary
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 again t the
Owner's Unit. Owners and Occupants shall promptly notify the Association of defe ts in
ar damage to those parts of the Property which the Association is obligated to mair�tain.
The Board may require that the Qwners perform their maintenance obligatio�s in
accordance with standards established by the Association.
9.5 Waste of Common Utilities or Commonlv Metered Utilities. An Own r or
Occupant of a Unit shall not cause waste, or unreasonable use, of common utilities or ut lities
that sernre the Unit but which are commonly metered. In the event the Association dete ines
that such waste or unreasonable use is occurring, the Association shall have the authority to levy
against the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, ch ges,
� and fees (whether billed by the utility provider, or otherwise) associated with that was e or
unreasonable use. Such costs, charges, and #'ees shall be calculated by the Association sing
reasonable methods. Notwithstanding any provision to the contrary in this Declaration the
Association may repair or correct any condition (and enter upon any Unit and Limited Co on
Elemer�t to do so) causing the waste or unreasonable use. The cost of the repair or corr tion
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discr�tion,
be the persona! obligation of the Owner of the llnit and a lien against the Unit
9.6 Restrictions on Changes to the Property. Except as permitted by this Declar tion, '
no Owner or Occupant shall, wiihout prior wricten authorization from the Board in accor ance
with Sejction 7.12:
9.6.] Cause or permit any physical or aesthetic changes or alterations, wh�ther
temporary or permanent; to be made to a Unit or the Common Elements, if such ch nge
or alteration is visib]e from the exterior of his or her Unit.
9.6.2 Cause or permit any pt�ysical changes to his or h�r Unit ar the Co mon �
�lements that could jeopardize or impair the weather-tight integrity, safety or soun ness
of any part of the Property, any system or equipment on or within the Property, o any
other improvements located on the Property.
� 9.63 Interfere with or otherwise impair any easement.
MPLS-Wodd 9528 L I I 23
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9.7 Dutv to Re�ort Defects. Owners or Occupants shall promptly report to the �
Association any defect or need for repair to those parts of the Property which the Association is
obligated to maintain. �
9.8 Dama�e Caused bv Owner_ Notwithstanding any provision to the contrary in this
Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
Pr�perty is caused by the willfu!or negliger.t act or omission of an Ownet or Qccupaa�t,the�uest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfuliy or negligently allowed to exist, the Association may cause such
� damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Eiement to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obligation of the Owner and a lien
against that Owner's Unit.
SECTION 10
1NSURANCE
10.1 ReQuired CoveraQe. The Association shaU obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirements se# forth herein issued by one or more than
one reputable insurance company authorized to do husiness in the state of Minnesota,as follows:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an
amount ec�ual to one hundred percent.of the insurable"replacement cost",of the Property,
exclusive of (i}deductibles;and (ii) land, footings, excavation and other items normally
excluded from coverage (but including all building service equipment and machinery): •
� The Associatiori, aY its sole discretion, may or may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, impr.ovements
and betterments re�ardless of when instal]ed, and any items referred to in Section '
515B3-113(b)(i) through (vii) of the Act, but must do so if required by the Federa�„ .. '
National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of Veteran's Affairs {"VA"j. The policy or policies shall cover personal property owned
by the Association. The policy or poiicies shall also contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably availabie. Such golicy or policies shall
include such additionai endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a preconditian to their insuring, purchasing or financing a
mortgage on a Unii. The Board may also, on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitation fhe
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain speci�ed
coverages or endorsements in effect.
10.1.2 Commercia! general liability insurance covering the use, operation, and �
maintenance of the Cominon Elements, with minimum limits of one million dollars per
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occurrence,against claims for death,bodily injury,property damage, and such other isks '
as are customarily covered by such poiicies for projects similar in construction, loc tion
and use to the Property. The policy shall contain a"severability of interest"endarse ent
which shall preciude the insurer from denying the claim af an Owner or Occ ant
because af negligent acts of the Association or other Owners or Occupants. The p licy
shali include such additiana! endorsements, coverages and limits with respect ta uch �
hazards as may be required by the regulations o#'the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mortgage on a Unit.
10.1.3 Fidelity bond or insurance caverage against dishonest acts on the pa of
directors, officers, managers, trustees, emptoyees, or persons responsih�e for han ling
, funds belonging to or administered by the Association, if deemed to be advisable b the
Board or required by the regulations of any financing-related institution as a precand tian
to the purchase, insurin6, guarantee, or financing of a morigage on a Unit. The fi lity
bond or insurance shall name the Association as the ttamed insured, and shall co ply
with the regulations of the FNMA, F�-lLMC, FHA or VA, if required by one of uch
agencies as a precondition to the purchase, financing, insuring, or gaarantee f a
mortgage on a Unit. An appropriate endorsement to the policy to cover any persons who
' serve withaut compensation shall be added if the policy would not otherwise ver �
volunteers, or a waiver of defense based upon the exclusion of persons serving wi out
compensation shall be added.
10.1.4 Workers' Compensation insurance as applicable and required by law.
l0.].5 Directors and officer liability insurance with such reasonable limits and.
coverages as the Board shall determine from time to time.
10.1.6. Such other insurance as the Board may determine from time to time o be
in the best interests of the Association and the Owners_
10.2 Pre�niums; Improvements; Deductibles. Except as provided in Section 6_ , all
insurance premiums shali be assessed and paid as part of an annual Assessment. If
improvements and betterments to the Units are covered by the Association's property insur nce,
any increased cost may be assessed against the Units affected. The Association may, in the case
of a claim for damage to one or more than one Unit, (i) pay the deductible amount as a Co on
i Expense, (ii) assess the deductible amount against one or more than one Unit affected i any
reasonable manner, or(iii) require the Owners of one or more than one Unit affected to pa the
deductibie amount directly. The Association's decision as to who shall be charged wi•th p ying
the deductible amount may, but need not, be based on fault. Notwithstanding anything t the
contrary in this Section ]0, the Association may, in the case of claim against the Associat an's
property insurance', assess the deductible amount against all of the Units equally in the even that
the deductible amount is calculated by the insvrance company based upon the percentage f the
value or cost(replacement or otherwise)of one or more than one Unit or Building.
103 Loss Pavee; insurance Trustee. Ail insurance coverage maintained b the
Associ�tion shall be written in the name of, and the proceeds thereof shall be payable t , the
Associ�tion (or a qualified insurance trustee selected by it) as trustee for the benefit o the
MPLS-Wo�d 95281.11 25
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Owners and secured parties which suffer ioss. The Association,or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and collect upon any claims or losses �
under any insurance policy maintained by the Association. ',
. ]0.4 Reauired Policy Provisions. All policies of property insurance carried by the
. Association shall provide, if practicable,that: •
10.4.1 Each Owner and secured party is an insured Person under the policy with
respect to liability arising out of the Owner's interest in the C;ommon Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the palicy against any
Owner or mernber of the Owner's household and againsi the Association and members of I
the Board.
1fl.4.3 The coverage shall not be voided by or conditioned upon {i) any act or
omission of an Owner; unless acting within the scope of authority on behalf of the
; Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
controL
, 10.4.4 If at the time of a loss under the policy there is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary.
10.5 Cancellation; Notice of Loss. Al] policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
� written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary insurance where there is other insurance in the name of the Owner covering the same .
property, and may not be brought into contribution with any insurance purchased by Owners or
their rnortgagees. � ;
]0.7 Owner's Personal Insurance. Each Owner shall ob#ain and maintain.additiona]
personal insurance coverage (commonly known as "ga� coverage"or an "H06"policy) at his or
her own expense covering fire and other casualty to the inierior of the Unit,the Owner's personal
property and personal liability, and covering insurance deductibles that may be levied by the
Association against the Unit. lnsurance policies maintained by Owners are without contribution
as against the insurance purchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance caverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 95281.i 1 �6
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SECTION ]1 �
I RECONSTRUCTIO�'V,CONDEMNATI(JN,AND EMINENT DOMAIN
l l.l Reconstruction. T'he obligatians and procedures for the repair, reconstructi n, or �
disposition of the Property follawing damage or destruction there�f shall be governed by th Act.
Any repair or reconstruction shall be commenced as soon as practicable after the casualt and
shall be substantially in accordance with the pians, specifications, and design of the Prope� as
initially constructed and subsequentiy imgroved. Notice of substantial damage or destru tion
shall be given as provided in Section 15.10. �.
1 1.2 Condemnation and Eminent Damain. ln the event of a taking of any part f the I
Property by condemnation or eminent domain, #he provisions of the Act shall govern; prov'ded, -
(i) that notice shall be given as provided in Section 15.14, (ii) that the Association shall b the
attorne}�-in-fact to represent the Owners in any related proceedings, negotiations, settlemen s, or
agreements, and {iii) that any awards or proceeds shall be payable to the Association fo the
benefit of the Owners and th�mortgagees of their Units. Eligible Mortgagees shall be entitl d to
priority for condemnation awards in accordance with the priorities established by the Act an the �
Goveming Documents,as their interests may appear.
, 11.3 Termination and LiQuidation. The terinination of the Condominium, an the
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of nds
shall be, based upon the value of the Units as determined by their retative value for pra erty
insurance purposes, and shall be made to Owners and their mortgage holders, as their inte ests�
• may appear,as provided in the Act. �
11.4 Notice. The Association shall give written notice of any condemn tion
proceedings or substantial destruction of the Property to the .Eligible Mortgagees entid to
notice under Section I 5.10. �
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11.5 Association's Authoritv. ln all cases involving reconstruction, condemna ion, '
eminent domain,:tennination or liquidation of the Condominium, the Association shall ave
authority 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 Owr�ers and their mortgage ho]ders,as their interests may appear,in accordance with the ct
SECTION 12
I
' EASEME�iTS
The follawing appurtenant easements and rights are hereby granted,conveyed, dedic ted,
and reserved on, over, under, and across the Property, as appiicable.
12.1 Utilities, Services, and Operatine Svstems. The Common Elements and the nits
shall be subject to and benefited by nonexclusive easements in favor of�the City, the Associa ion
and all utility companies and other service providers for the installation,use, maintenance, re air
and repl cement of a!1 utilities, services and common operating systems, such as natural as,
electricit�, cable TV, security, telephone and other electranic communications, water, se er,
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MPLS-Word 95281.11 77
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septic systems, wells, and similar services, fire cantrol systems and other common operating -
systems, and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association under authority
contained in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recorded instruments. Each Unit, and the rights of the Owners
and Occvpants thereof, shall also be s�sbject to and benefited by a nan-exclusive easement in
favor of the other �3nits, the Common Elernents, and the Association for all such utilities, �-�'
services, fire control systems, and other common operating systems. Utilities and related
services or systems shall be installed, used, maintained, and repaired so as no#to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Bnilding, the Units,or the Common Element improvements. �
��
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the \
Owners and Occupants therein, sha]! be subject to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of ihe Property, for improvements which are added in �
compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elernents as a result of any of the
aforementioned causes,an easement shal! exist for the encroachment,for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Impravements or alterations added pursuant to Section 7.13 shail be limited to minor
� encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as required by this Declaration. Such easements shall
continue for as]flng as the encroachment exists and shall not affect the marketability of title.
12.3 Strtactural Support Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for stnictural support in ail walts,
columns,joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easernent for access ,
to and from public roadways and walkways on and across those portions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Plat, or otherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and Regulations. The right of access of ihe Owners and
Occupants, and their invitees, to and from the roadway to the west of the Property, commonly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
recorded in the office of the Counry Recorder in and for Hennepin Counry, Minnesota, as �
Document No. Q 75 That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
12.5 Inspection, Maintenance, Repair, Replacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and ihe Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its a�;ents, and Declarant for the maintenance, repair, replacement, and
reconstruction of the Common Elements, the Units, and other irnprovements located within the
MPFS-Word 95261.1 I 28
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Units, and the utilities serving the Units, to the extent necessary for the Association to ful �Il its •
obligations under the Governing Documents or for Dectarant to investigate or underta e its
warranty obligations. Each Owner shall afford to the Association and its management ents
. and employees, access at reasonable times and upon reasonable notice, to and thraug the
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair and
� replacement; provided, that access ko the Unit and its Limited Canunon Elements may b had
- without notice and at any time in case of emergency. '
12.6 Public Safetv and �-iealth Access. �'here are nonexclusive easements in fa or of
� the City and other applicable governrnental authorities or agencies as shall frorn time to time
have jurisdiction over the Property, on and across drives, walkways, parking areas, and other
open space areas of the Property for reasonable access to perform such duties related t law
enforcement, fire protection, life safety, heaith, and sanitation as are reasonably required from
time to time. Such easements shall include access through and into the affected Unit and �
Limited Common Elements in the.case of an emergency. �
12.7 Emer�encv Access. In case of emergency or perceived threat to public hea th or
safety, all Units and Lir�ited Common Elements are subject to an easement in favor f the
Association for access, without natice and at any time, by an officer or member of the Boa d, by
the Association's management agents, or by any public safety personnel. The Board may r quire
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choi e, or
with the Association, and.to advise the Association's management agent or the Board i the
Locations of the keys, so as to allow access for emergencies when the Owner or Occup nt is
absent from the Property for extended periods.
12:8 Recorded Easements. The Property shatl be subject to such other easerne ts as �
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening the Property shall be constnzed in a manner consistent with, and not in conflict with,
the easements created by this Declaration. Such recorded easements include, but are not li "ited
to, thaC certain Declaration of Easements, Restrictions and Covenants for Stonebay recor ed in
the office of the County Recorder in and for Hennepin County, Minnesota, on July 29, 20 4, as
Document No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Cove ants,
the f�ssociation has the obligation to maintain those unpaved portions of Keliey Parkway lying
within the Common Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexcl sive
easements for storm water drainage in favor of the Qwners and Occupants for reasonable tarm
water drainage, and other normal site drainage, over those parts of the Comrnon Etements hich
may be designed, improved, or graded for such pucposes. '
i 2.10 Use and Eniovment Easements_ There are nonexclusive easements in favor f the
Owners and Occupants of the Units for use and enjoyment on and across the Cbmmon Ele ents,
and fot exclusive use and enjoyment of any Limited Common Etements allocated to the Unit,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the ules
and Regulations. .
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12.I l Declarant Rights and Easements. The Units and the Common Elements are - '
subject to exclusive easements and rights in favor of Declarant for the exercise of its declarant
rights as described in the Governing Documents,and for the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafter to review the condition of the �
Property and Building systems and to determine whether Unit and Building maintenance .
requirements are being followed.
1%.I2 Duration, Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shall run with the land uniess otherwise expressly indicated,
and shall be subject to the following qualifications:
t2.12.1 The easements snall supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
i 2.12.2 The easernents shall be subject to reasonable regulation by the
Association and shall be subject to such reasonabte limitations as�to location and routing
as may be established by the Association or any govemmental authority.
t 2.12.3 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, rep)ace, and reconstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting�r
bnrdening .the Property, or any equipment or improvements relating to the easement,
, subject to this Declaration and the right of the Association to irnpose reasonable Rules
and Regulations governing the use of the Property. �
12.12.5 No improvements shall be erected or maintained, no excavation,. .
grading or reshaping�shall be undertaken; and no fill or other material shall be placed, in
an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or impede the intended flow of water
through any drainage easement area.
12.12.6 Persons exercising easement rights shall (i) take reasonable care to
avoid damagin� the Froperty or creating safety ha2ards; (ii) promptly repair any damage
' to the Property which they or. their caused; (iii) promptly reimburse the Association for
i ail costs incurred by it for repairing damage to an easement area caused by the Person or
tite Person's invitees; and (iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easement
rights.
' 12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Deciarant no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of th'is Declaration that the Common Elements be and remain priyate property
MPLS-Word 95281J l 30
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subject to operation and regulation by the Association, and that the Units be and r main '
private property subject to operation and regulation by the respective Owners th reof
',and/or the Association,as applicable,al1 in compliance with the Governing Dacume ts.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the ex rcise
� of its rights under this Declaraiion, and except for the Boarsi in the exercise of authority gr n#ed
by the Governing Cocuments, no Person shatl create, grant, or convey any easeme t or
comparabie rights upon any portion of the Property without the prior written approval f the
Board;'provided, that the Board shall authorize an Owner to grant an e�sement over the O er's
Unit if(i) the easement wil] not adversely affect the Common Elements ar another Unit (ii)
the easement is consisient with the overall design and plan for the Property as establish d by
Declarant and approved by the City.
�
12.14 Continuation and Scoae of Easements. Notwethstanding anything in this �
. Declar�tian to the contrary, no Owner or Occupant sha11 be denied reasonable access to lpis or
her UnKt or the right to utility services thereto. The easements set forth in this Section 12+sha11
supplement and not limit any easements described elsewhere in this Declaration or recorde , and
shall include reasonabie access to the easement areas through the Units and the Co mon
Elements for purposes of maintenance, repair, replacement, and reconstruction. All eas ment
rights shatl include a right of reasonable access to maintain, repair, and replace the utility lines
and related equipment.
', SECTION 13 I
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest n the
. Property, shall be governed by and comply with the provisions of the Act, the Gov , ing
Documents, and the Rules and Regulations, and such amendments thereto as may be made from �
time to time, and the decisions of the Association_ A failure, to comply shall entitl the �
Association to the relief set forth in this Section, in addition to the rights and remedies auth rized
elsewhere by the Goveming Documents and the Act.
13.1 Entitlement to Relief. The Association may commence 1ega1 action to re over
sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, o any .
combirpation thereof, or an action for any other retief authorized by the Governing Docume ts or
availal�le at law or in equity, Legal relief may be sought by the Association against any O ner, '
or by an Owner against the Association or another Owner, to enfarce compliance wi the
Governing Documents, the Rules and Regulations, the Act, or the decisions af the Associ tion.
However,no Owner may withhold any Assessments payable to the Association,or take (or mit}
other action in violation of the Governing Documents,the Rules and Regulations,or the Ac , as a
measuxe to enforce such Owner's position,or far any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or im lied,
administrative or legal, the Association shall have the right, but not the obligation, to impl ment
any one or more of the following actions against Owners and Occupants and/or their guests who
violate the provisions of the Governing Documents, the Rules and Regutations,or the Act: �
'i
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i3.2.1 Commence legal action for darnages or equitable relief in any court of �
� campetent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning an the first day of the month
following the month for which the Assessment or installment was due.
13.2.3 ln the event of default af more than thirty days in the payment of any
Assessment or instatlment thereof, al� remaining insfallments of Assessments assessed
against the Unit awned by the defaulting Owner may be accelerated and shall then be
payabie in full if all delinquent Assessments or instal)ments thereof, together with all
attorneys' fees, costs of coltection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shatl be given to the defaufting Owner. .
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Qccupant and their guests to use any
Common Element amenities; provided,that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities
service and access to the Unit. Such suspensions shall be limited to periods of default by
such Owners and Occupants in their obligations under the Governing Documents,and for
up to thirty days thereafter, for each violation. ,
13.2.6 Restore any portions of any Common Elements, Unit,or Limited Common
Elementz damaged ar altered, ar allowed to be damaged flr altered, by any Owner or �
Occupant or their guests in vioiation of the Governing Documents,and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out its authority under this Section I 3.2.6.
13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
which, or as to which, a violation or breach of the Governing Documents exists which �
materialty affects,or is 3ikely to materially affect in the near future, the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soun@ness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense of the offending Owner or Occupant, any structure,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causing the violation; provided, that any improvements which are a part of a Unit may
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall: have an easement to carry out its authority under this Section
13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Governing
! Documents or under law, in the manner provided by the Act_
I
I 13.3 Rights to Hearing. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 132.6, or 13.2.7, the Board shall, upon written request of the
MPLS-1�'ord 95251.11 32
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offendipg Owner, grant to the offending 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 more
disinterested Owners appointed by the Board. The offending Owner shail be given notice f the .
nature pf the violation and the right to a hearing, and at least ten days within which to req est a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty d ys of
receipt of the hearing request hy the Boartl/commiTtee, and with at ieasi ten days prior w �tten
notice to the otiending Owner. If the ofiending �wner faits to requesi, or to appear a�, the
hearing, then the right to a hearing shall be waived and the Soard/committee may take such
action as it deems appropriate. Hearings shall be conducted in a fair and et�uitabie manner. The
� decision of the Board/committee and the rules for the conduct of hearings established b the
Board/committee, shall be final and binding on alt parties. T`he Board's/committee's de ision
shall be delivered in writing#o the offending Owner within ten days following.the hearing, f not
delivered to the offender at the hearing. Any fines to be imposed by the Association rnay, t the �
Board's/Committee's discretion,be ret�oactive to the date of the violation or offense.
13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, exp nses,
penalties, or interest imposed under this Section shall be a lien against the Unit of the Ow er or
Occupant against whom the same are imposed and the personal obligation of such Owner the
same manner and with the same priority and effect as Assessments under Section 6. Th lien
shall at2ach as of the date of imposition of the remedy, but shall not be final as to violatio s 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 af, or failure to exercise, any remedy shall t be
deemec�a waiver of the Association's right to pursue any other remedy.
'13.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any coile�ction �
measur�s, or any measures or action, legal, administrative, or otherwise, which the Associlation
takes to enforce the provisions of the Act, the Governing Documents, or the Rule� and
Regulations, whether or not finally determined by a court or arbitrator; the Association may �
assess the Unit owned by the violator with any expenses incurred in connection with such
enforcement, including without limitation fines or charges previously imposed b the ,
Association, reasonable attorneys' fees,and interest (at the highest rate aliowed by law) o the
delinquent amounts owed to the Association•. Such expenses shall also include�ny collecti r�or
contingency fees or costs charged to the Association by a collection ageney or other P rson
acting an behalf of the Association in collecting any delinquent amounts owed to the Associ tion
by an Owner or Occupant. Such collection or contingency fees or costs shall be the per onal
obligation of the Owner and shall be a lien against the Owner's Unit.
13.6 Liability for Acts of Owners and Occupants. An Owner shall be liable f r the
expens� of any maintenance, repair, or replacement of the Property rendered necessary by such
Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit, to ihe tent
that sueh expense is not covered by the proceeds of insurance carried by the Association or such
Owner',or Occupant. However, any insurance deductible amount and/or increase in insu nce
rates, nesulting from the Owner's acts or omissions may be assessed against the O ner
respon ible for the condition and against his or her Unit. ,
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13.7 Enforcement bv Ovmers. The provisions of this Section shall not limit or impair �
the independent rights of other Owners to enforce the provisions af the Governing Documents,
the Rules and Regulations,and the Act, as pmvided therein.
13.8 Liti a�tiori. Notwithstanding anything contained herein to the contrary, the
• Association may not commence any judicial or administrative action on behalf of the Owners
� (other than an action commenced to enforce the Gaverning Docnments or the Rules and
Regulatioris, or to defend the Association), without frst obtaining the affirmative vote of the
�wners to which are allocated at least sixty-seven percent of the votes in the Association, in
peison or by praxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot.
SECTION 14
AMENDMENTS �
I
14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended anly by the approvai of
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association,except as otherwise provided by the Act; and
14.1_3 Declarant as to certain amendmenis as provided in Section 16;and
14.1.4 The percentage af Eligible Mortgagees (based upon one vote per Unii
finance)as and if reqaired by Section I5.
14.2 Proceduses. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. 1fie amendment shall be effective when recorded.as provided
in the Act. An affidavit by the Secretary ar the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for a!1 purposes, including without limitation;the recording of the amendment_
SECTION 15
RIGHTS OF ELIGIBLE MQRTCAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligible Mort�agees shall have the foliowing rights and protections:
151 Consent to Certain Amendments. Subject to Declarant's rights under Section 15,
the v✓ritten consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
MPLS-Word 95281.1 I 34 1
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provision governing the following: {i) voting rights; (ii) increases in an annual Assessm nt of '
more than twenty-five percent over the prior year's annual Assessment; (iii)Assessrnent lie s,or
priority of Assessment liens; {iv} reductions in reserves for maintenance, repair and replac ment
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocati n of
interests in the Common Elements ar Limited Common Elements, or rights to their use; (vii)
redefinition of any Unit boundaries; (viii) canvertibility of Uniis in[o Cammon Elements o vice
versa; �ix) expansion or contraction of the Propeny orihe addition, annexation ar withdra ai of
properry to or from the Property;(x) hazard or fidelity insurance requirements; (xi) impositi n of
material restrictions on the leasing of Units; {xii) imFosition of any restrictions on an O ner's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a h ard
damage or partial condemnation) in a manner other than that specified in the Gove ing
Documents; (xiv) any action to terminate the le�a] status of the Condominium after subst ntial
destruction or condemnation occurs; or (xv) any provisions that expressly benefit El'gible
Mort�agees,or insurers or�uarant�rs of mortgages.
, ''
15.2 Consent to Certain Actions. Subject to Declarant's rights under Sectio , the
written consent of Eligible.Mortgagees representing at least sixty-seven percent of the Unit .that
are subject to first mortgages held by Eligible Mortgagees {based upon one vote per Unit
financed) shall be required to (i) abandon or terminate the Condominium; (ii) chang the
a3locations of voting rights,Common Expense obligations or interests in the Common Ele ents;
(iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, part tion,
subdivide, encumber, or sell any Common Elements; vr (v) use hazard insurance procee s for
other tN�n the repair,replacement or reconstruction of the Property,except as otherwise pro ided
by law.
53 Consent to Subdivision. No Unit may be partitioned or'subdivided witho t the
prior w�itten approval of the Owner and Eligible Mortgagee thereof,and the Association. �
15.4 No Ri�ht.of First RefusaL The.right of an Owner to sell, transfer, or othe ise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
i 5.5 Prioritv of Lien. Any Person who comes inio possession of a Unit by forecl I sure
of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the first
mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any ther
charges'or liens imposed against the Unit by the Association which have accrued against uch
Unit prior to the acquisition of possession of the Unit by said Person; (i) except as provid d in
, � 5ection b.9 and the Act and {ii) except that any unreimbursed Assessments or charges m y be
reall.ocaked among all Units in accordance with their interests in the Common Elements. '
15.b Prioritv of Taxes and Other Char�es. All taxes, assessments and charges hich
may become liens prior to the first mortgage under state law shall relate only to the indiv dual
Units and not to the Property as a whole.
i 15.7 Prioritv for Condemnation Awards. No provision of the Governing Docu �ents
shall give an Owner, or any other party, priority over any rights of the Etigible Mortgagee o the
Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance procee s or
condem ation awards for losses to or a taking of the Unit and/or the Common Elements. The
MPLS-Wor�95281.11 35
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Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent _ '
domain proceeding affecting the Property promptly upon receipt af notice from the condemning
authority.
15.8 Re�uirements for Mana�ement Agreements. The term of any-agreement for
� . professional management of the Property shall not exceed two years. Any such agre�ment shall '
provide for termination withaut per.alty or termination fee by either party as iollows: (i) with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii)withoui cause,upon a minimum of sixty days prior written notice. .
15.9 Access to Books and Records/Audit. Eligible Mongagees, or an institutional
insurer or guarantor of a mortgage loan against a Unit, shatl 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
financia} statements. Financial statements, including those which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case ihe Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Notice Requirements. Upon written request to the Association, identifying the
' name and address of the hoider, insurer or guarantor of a rnortgage on a Unit, and the Unit
number or address,the holder,insurer or guarantor shail he entitled to timely written 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;
� t5.10,2 a sixty day delinquency in tiie payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.10.4 a proposed action which requires the consent of a specified percentage of
Eligible Mortgagees. .
SECT[ON 16 -
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
special Declarant rights within the meaning of Section SISB.I-103(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
16.] Comvlete improvemenu. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's development plans or
MPLS-Word 95281.1 I 36
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allowed by this Declaration, and to inake improvements in the Units and Common Eleme ts to '
accommodate the exercise of any special declarant rights.
]6.2 Rights to Relocate Boundaries. Subdivide Convert or Combine Units. o (i)
relocate the boundanes of any Unit owned by it, or (ii) create additional Units, Co on
Elements, and Limited Common Elements, or any combination thereof, by the subdi 'sion,
partition, conversion, or combining of any Unit or Unifs owned by it, as authorized by th Act.
The maximum number of additionai Units that rnay be created withir.the Condominium pu uant
to this Section L6.Z is 5.
16.3 Sales Facilities. To construci, operate, and maintain one or more than one odel
Unit, and other development, sales, and rental facilities within the Common Elements and
within any Units owned oc leased by DecEarant from time to tirne, located anywhere o the .
Property.
16.4 Si�ns. To erect and maintain signs and other sales displays offering the Uni for
sale or lease,w�thin any Unit owned by Declarant and on the Common Elements.
16.5 Easements. To have and use easements, for Declarant, Declarant's empl yees,
contractors, representatives, and agents and prospective purchasers, through and ove the
Comrnon Elements For the purpose of exercising its special declarant rights_ �
16.6 Control of Association: To control the aperation and administration o the
Association, including without limitation the power to appoint and remove the members f the
Board pursuant to Section S 15B.3-I03 of the Act, untii the ear(iest of: {i} voluntary surren er of �
control by Declarant, (ii) an Association meeting which shall be held within sixty days after
conveyance to Owners other than Declarant of seventy-five percent of the total number of nits
authorized to be included in the Property, or (iii) the date three years following the date f the
.first conveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoin , the
Owners other than Declarant shall have the right to nominate and elect not less than ihirty hree �
and onc-third percent of the directors at a meeting of the Owners which shall be held within sixiy
days foflowing the conveyance by Declarant of fifty percent of the total number of nits I
authorized to be included in the Property. �
16.7 Consent to Certain Amendments. Declarant's written consent sha11 be req ired
for any amendment to the Governing Documents or Che Rules and Regulations which direc ly or
indirectly affects Declarant's rights under the Governing Documents or the Act. '
;
SECTION ]7
MISCELLANEOUS
17.L . Severabilitv. lf any term, covenant, or provision of this instrument or any e hibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to a]ter, affect, or impair in any manner whatsoever any ther
portion of this Declaration or exhibits attached hereto. �
]7.2 Construction. Where applicable, the masculine gender of any word used h rein
shall mean the feminine or neutral gender, or vice versa, and the singular of any word sed
herein Shal] rnean the plural, or vice versa. References to the Act, or any sections thereof, hall
MP{S-Word 95281.11 37
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� be deemed to include any statutes amending or replacing the Act, and the comparable section� `
thereof.
17.3 Tender of Claims. ln the event that any incident occurs which could reasonably
give rise to_a demand by the Association against Declazant for indemnification pursuant to the
Act, the Association shatl promptly tender the defense of the action to its insurance carrier, and .
give Deciarant (i) written notice af such tender, (ii} written natice oi the specific nature of the
action,and(iii)an opportunity to defend against the action.
17.4 Notices_ Unless specifically provided otherwise in the Governing Docu�nents or
the Act, al( notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States rnail; except that registrations pnrsuant to Section 2.2 of the Bylaws shall be effective .
upon receipt by the Assaciation.
17.5 Conflicts Amon� Documents. In the event of any conflict among the provisions �
of tfie Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall control
unless it permits the documents to controL As among this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetuaE, sub,ject only to termination as
provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day a �
year first set forth above.
O.C. D VEL
By
Its �e an er �
STATE OF MINNESOTA )
} ss. '
COUNTY OF otirt. }
The foregoing instrument was acknowledged before me tris��day of �� i
--�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a Mmnesota
limited liability company,on behalf of said]imited liability company.
�J `
No ublic
T'H1S INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON& VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SCOTfLKRYYId1SKl . ,
(612) 373-8418 I�FARYP�t�-t�u��A �.,•
�rr c�uss��,iaa.�,zolo '
MPLS-Word 95281J t 38
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� _ Y
CONiMON iNTEREST COMMUNITY NO.]578 "
Condominium
ST4NEBAY OF ORONO CONDOMINIUM
E7Cd-iIBIT A T��ECLAItA i�(}N �
i iJNDERLYING LEGAL �DESCRIPTION OF THE PROPER'FY I
Lot l,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. ,
, I
'
MPLS- ord 95261.1 I 39
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COMMON IN7'EREST COMMUNITY NO.NO. 1578 � �
Condomenium
, STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECLARATION �
SCH�EDULE OF UNITS,AND ALLOCATION OF COMMON EXPENSES APiI!
UNDIVIDED INTERESTS 1N THE C�MMON ELEMENTS
Allocation of Cornmon Expenses and
Unit Identifier Undivided Interests in the Common Elements
�
101 1/5�
I 02 1/57 I
103 1/57 ;
104 1/57
105 l/57
106 1/57
107 1/57
10$ . 1/57
109 1/57
110 1/5�
11 I 1/57
112 U57
113 1/57
� 114 1/57
115 1/57
116 - 1/57
117 1/57
1 i 8 1/57
201 1/57 �
202 1/57
203 1/57 -
204 1/57
205 - 1/57
206 1/57
207 1/57
208 1/57
209 1/57
210 1/57
211 1/57
2I2 1/57
MPLS-Word 95281.1 l 40
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Allocation of Common Expenses and '�
Unit Identifier Undivided Interests in the Common Elements i
213 I/57
214 l/57 � ,
21� 1/57 -
216 1/57
2I7 ' 1/57 . �
218 1/57 i
219 1/57 �
224 1/57 �
301 1/57
302 1/57
303 U57
304 1/57
305 1/57
306 1/57 i
307 1/57
308 1/57
309 1/57
310 . 1/57
31 t 1/57
312 1/57 .
313 1/57
3 t4 1/57
315 ]/57
316 ' 1/57
3I7 � 1/57
318 1/57
3l9 1/57 �
T4TAL: 57/57{1 QO%)
MPLS�Word 95281.1 i
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COMMON tN7'L+'RES'I'COtvIR9UNl"1'Y 1Y0.NO. 1578
Cond��mi�iiune •
STONEBAY Or ORONO CONllOR7.INIUM
CONSEN'f BY MU.R'1'CAG�� �
The undersigned (the "Mortgagee") is a mortgagec of porkions of'11�� real property
described in the attached Declaration of Stonebay of Orono Condo��iinium (the "Declaration").
Mortgagee hereby consents to this Declaration; provided, that by consenting to the Deciaration,
(i)Mortgagee does_not in any manner constitute itself�or obligate ilselfas a Declarant as defi��ed
in the Decfaration, (ii) soch consent does not modify or amend the te�zns and conditions of ihe
Mortgagee's mortgage and related toan documenl.s, and (iii) such �nort�;age shall remain as a lien
on the property descr'sbed lherein, prior to any liens imposed iuzder the Declaratioii,ttntil released
or satisfied. �
I�(�VVITNESS WH,ERE F, the Mortgagee has caused this Consent to bc executed vn
the__lU day of s� 2pp�, .
�
NIAINS7'REE'!' BANK
/
� � B
ts=
STATE OF MiNNESOTA ) �
� ) ss.
COUNTY OF��� � ) •
� The foregoing instru�nent was acknowleciged before me this .t e� day of
P�.r�oQr, 2007, bY .�Gs•,i?7G.��.- �_ , thc��i:�r U i�P o f
Mainstreet Bank, a Minnesota bank corporatfon,�n bchalf of said entity. �'nrr,��_
� '
=Notary Public .
THIS INSTRUMFNT WAS DRAFTFD F3l': ,
Fredrick R. Krictzanan, Esq. !
rELI-fABER, LA'fZSON, FENLON & VOGT, P.A. SCOTTLKRYNSIQ I
220 Soutl� Sixth, Suite 220Q NornRYPUBUC-AQNNESOrA
• AiY COMMISSION D(P�5 JAN.31,2610
Min��eapolis, Minnesata SS402 �
(612)373-8413 . �
n�t�ts-wo.a vszs�.i r 42
i
,.- �.••
, , ,` ..
COMMON INTEREST COMMUNITY NO.NO. 1578 '
� Condflminium .
' ' STONEBAY OF ORONO CONDOMINIUM
CONSEN'�BY M�ORTGAGEES �
The undersigned (the "Mortgagees") are mortgagees of portions of the real p operty .
descr�bed in the attached Declaration of Stonebay of CJrono Condominiu.m {the "Decl tion").
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Decl rarion,
(i) Miartgagees do not in any manner constitute themselves or obligate themselves as Dec arants
as defined in the Declaration, (ii) such consent does not modify or amend the te s and
conditions of the Mortgagees' mortgage and related loan documents, and (iii) such m rtgage
shalt remain as a lien on the property described therein, prior to any liens imposed un er the
Declaration,until released or satisf ed.
' IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be execulted on
the '� 7 f� day of I����S �" ,2007.
� �, .�
, Dave ,
' `�""'!
Ra dy Koch
STATE OF MINNESO'fA ) .
) ss.
COUINTY OF O� � ��- ) I
The foregoing instrument was acknowledged before rne this /�f� d y of
1���kT S�' ,2007,by Dave Koch and Randy Koch.
�w ROBERTKBUS3 /
' 1 �' NafarY Pubic � l� " �� IZ o b�. f � ��-•.s r'
', � �� Notary Public ,.y� c o�--�
y ,.''� � o--
wc«nn.�,,�,�,�o�o �i la 6� U
.���;�� /�
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R.Krietzlnan,Esq.
FELHABER, LARS(JN, FENLON &VOGT, P.A.
220 South Sixth, Suite 2200
Minn�apolis,Minnesota 55402
(612) �73-8418 i ,
MPLS-1 ord 95281.11 43
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