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COMMON [NTEREST COMMUNITY NO. 1578
Condominium
�, STONEBAY OE ORONO CONDQMINIUM
�i DECLARATION
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' This Declaration is made in the county of ' , state of Minnesota, on thi�
_�day'of � r�5� , 2�07, by O.C. Development ,LC, a Minnesota limited Iiabili
company (the "Declarant"), pursuant to the provisions of Minnesota Statutes Chapter 515 ,
known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose
creating Stonebay of Orono Condominium as a condominium under the Act.
� WHEREAS, Declarant is the owner of certain real property located in Hennepin Count ,
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit sai
real property and all improvements thereon {collectively the "Property") to the Act as
condominium,and
WHEREAS, Declarant desires to establish� on the Property a plan for a permane
residential community to be owned, occupied, and operated for the use, health, safety, an
welfare of the Owners and Occupants, and for the purpose of preserving the value,the structura
. quality, and the original architectural character of the Property,and
W�IER�AS, the Property(i) is not subject to a master association as defined in the Ac •
(ii} is notl�-subject to an ordinance referred to ir. Section Si5B.1-t06 of the Act, governin
conversio��s to common interest ownership; and(iii)does not include any shoreland as defined i
MinnesotalStatutes Section 103F.205.
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T�EREF�RE, Declarant subjects the Property to this Declaration under the nam
"Stonebay',of Orono Condominium," consisting of the Units referred to in Section 2, declarin
that this aeclaration shall constitute covenants to run with the Property, and that the Propert
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, shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easement5, •
charges, and liens set farth herein, all of which shalt be binding upon all Persons owning or
. acquiring any right, title, or interest therein, and their heirs, persanal representatives, successors,
and assigns.
� SECTI�N 1 �
� DEFINITdONS
The followin�words when used in the Governing Documents shall have the foilowing meanings
(unless the context indicates otherwise):
1.1 "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.
!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 all
Owners.
i.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
l.5 "BuildinQ" means each structure which is or becomes a part of the Property and
which contains at least one Unit.
l.6 "Bvlaws" means the Bylaws gaverning the operation of the Association, as
amended frorn 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 Expenses" means all expenditures made or liabilities incurred by or on
behatf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Goveming Docnments.
I.10 "Condaminium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominiurn.
1.I 1 "Declarani Control Period" means.the time period during which Declarant has the
exclusive right to appoint the members of the Baard,as described in Secrion l6.
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i.12 "Eli�ible MortgaQee" means any Person which owns a first mortgage on a U it ` '
and which has requested in writing that the Association notify it regardin� a y
�i proposed action which requires approval by a specified percentage of Eligi le
- Mortgagees.
� !.?3 "�overnin2 Documents" means this�I�eclaraiion, tl:e $ylaws, and the Articles f
� � lncorporation of the Association, as those documents may.be amended from ti e
' to time,all of which shall govern the use and operation of the Property.
l.14 "Limited Common Elements"means a portion of the Common Elements allocat d
by this Declaration or by operation of Sectian S L SB.2-102(d) or(� of the Act r
! the exclusive use of one or more but fewer than all of the Units. '
1.15 "Member"means a Person who is a member of the Association by virtue of bei g �
an Owner as defined in this Declaration. The words"Owner" and"Member"m y
� be used interchangeably in the Governing Documents.
1.16 "Occupant" means a Person,other than an Owner, in possession of,or residing n,
, a Unit. .
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for de d
vendors,a mortgagee,a holder of a remainder interest or a reversionary interest in
II a life estate, and any other secured parties within the meaning of the Act. T e
. term "Owner" inctudes, without limitation, a contract for cleed vendee, and a
holder of a life estate.
I.18 "Person"means a natural individual, a corporation, a ]imited liability company a
� partnership, a trustee, or other legal en#ity capabie of holding title to real propert .
1.19 "Plat" means one or more than one recorded plat depicting the Property pursu t
to the requirements of Section S15B.2-11Q(c) of the Act, and satisfying t e
' requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicab e,
incfuding any amended or suppfemental Plat recorded from time to time in
accordance with the Act.
1.�0 "Pronertv" means a11 of the real property subjected to this Declaration, now or in
the future, including all structures and improvements located thereon. e
Property is legally described in Exhi.bit A attached hereta
1.�1 "Rules and Resulations" means the Rutes and Regulations of the Association as
approved from time to time pursuant to Section 5.6. �
1.�2 "Unit" means a part of the Property within a Building other than the Comm n
Elements, includin� one or more than one room or enclosed space designed a d
intended for separate ownership and use, ali as described in Section 2 and sho
on the Pfat.
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' 1'he 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
DESCRIPTI{3N OF UNITS, $OUNDARIES, AND RELATED EASEMENTS
2_1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section 16. Al1 Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcel of real estate. No portion af a Unit shall be transfened or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section 16, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S 15B.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Uniu is
set forth in Exhibit B attached hereta
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
- tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a part of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utiiity lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but _
Iocated in or passing throagh a Unit, shatl be Common Etements. The boundaries of each Unit
shall also extend alon�the inside unfinished surfaces of ihe 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 swch 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 Apuurtenant Easements. The Units and the Common Elements shall be subject to
and benefited by the easements described in Section I 2. i
SECTION 3 i
COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
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AND OTHER PROPERTY
I 3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.i.1 All of the Property not included within the Units constitutes Common
Eiements. The Common Elements �nclude those parts of the Property designated as
Common Elements in this Declaration, on the Plat,or in the Act;
3.1.2 The Common Elernents shall be subject to (i) certain 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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El�ments appurtenant to their respective Units; and (iii) the right af the Association o . '
est�blish reasonable Rules and Regulations governing the use of the Property; i
�I 3.l.3 Except as otherwise expressly provided in the Governing Documents, �i)
nol improvement, modification, construction, or change of the Common Elements sh li
. take place by an Owner or Occupant without prior written authorization by the Board a d
(ii}all maintenance,repair,replacement, improvement, management, and operatjon Qf t e
Common Elements shall be the respansibility of the Association; and
3.1.4 Common Expenses for the maintenance, repair, replaceme t,
management, and operation of the Common Elements shall be assessed and col4ect d
from the Owners in acca�dance with Sectian 6.
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3.2 Limited Common Elements. The Limited Common Elements are those parts f � ';
the Common Elements reserved for the exclusive use of the Owners and Occvpants of the Uni s
to which they are allocated, as described in this Declaration and the Act. The rights to the u e
and enjoyment of the Limited Common Elements are automatically conveyed with t e .
conveyance of such Units. The Limited Common Elements are described and allocated to e
Unrts as follows:
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� 3.2.1 T'hose items or areas designated as Limited Common Elements on the PI t
or�by the Act are allocated as indicated therein.
, 3_2_2 lmprovements, if any, such as decks, patios, porches, balconies, shutter ,
awnings, perimeter windows and doors, window screens, window boxes, s]eeves d
fit�ings surrounding window air conditioning units, chimneys, driveways, walk ,
doorsteps and stoops, constructed as part of the original construction to serve a sing e
Unit or Units, and replacements and modifications thereof authorized pursuant to Secti n
� 7.10, located whoily or partially outside the Unit boundaries, are allocated exclusively o
the Unit or Units which they serve.
3_2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utili
installations, bearing walls, bearing columns, or any other components or fixtures lyi g '
partially within and partially outside the boundaries of a Unit, and serving only that Uni ,
. are allocated to the Unit which they serve. Any portion of such installations serving r
affecting the function of more than ane Unit or any portion of the Common Elements 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 mo e
than one Unit, and located wholly or partially outside the boundaries of one or more tha
on� Unit, are Limited Common Elements allocated to each Unit served by suc
eq�ipment.
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SECTION d �
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
ir_ the Asseciation, a.portion of the Common Expense5, and a portion of the undivided interests
in tne Common Elements,shall be governed by tne following pra�isions:
4.1 Membershin. Each Owner shall be a Member so}ely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,al! s�ch Persons shall be members of the Association,but '
multiple ownership of a Unit shall not increase the voting rights allocated to�such Unit nor '
authorize the division of the voting rights. � '
4.2 Allocation of Votin� Ri�hts, Common Exaenses, and Undivided Interests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, suhject to the Association's right to levy limited Assessments under �
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 4.3 Appurtenant Rights and Obti�?ations. The ownership of a Unit shall include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
, obligations, and the title to the Units, shall not be separated or conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate from the titie to the Unit shall be void. The allocation of the rights and obiigations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as proxy !
on behalf of the Owner,and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to ihe 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 '
ADM[NISTRATION
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The administration and operation of the Association and the Property, including; but not
limited to, the acts required of the Association, shall be governed by 2he following provisions:
5.1 General. The operation and administration of the Association and the Property
shall be govemed by the Governing Documents, the Rules and Regulations, and the Act. ?he
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 whic� the Association is incorporated. All power and authority of the Association shall be
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' vested in the Board, unless action or approval by the individual Owners is specifically require '
by the CToweming Documents or the Act. All references to the Association shall mean th
Associatior}acting througli the Board,unless specifically stated to the contrary.
5.2 I�, Operational Purposes_ The Association shall aperate and manage the Property foj-
the purpos�s af{i) administerin; and enforcing the covenants, restrictions, easements, charges
and liens�s�t forth in the Governing Documents and t�e Ru;es and Regulations, (ii) maintaining
repairing, and replacing those ponions of the Property and ather property for which it i
responsible, and (iii} preserving the value, and the architectural uniformity and character, of th
Property. �
5.3 Bindin� Effect of Actions. All agreements ar�d determinations made by th
Association in accordance with the powers and voting rights established by the Governin
Documents or the Act shal]be binding upon all Owners and Occupants,and their Iessees, gues ,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in th
Act.
5.4 Bvlaws_ The Association sha11 have Bylaws. The Bylaws shall govern th
operation and administration of the Association, and shall be binding on all Owners an
Occupants.
S.5'', Managemeni. The Board may delegate to a manager or managing agent th
managemejnt duties imposed upon the Association's o�cers and directors by the Governin
Dacument� and the Act. Nowever, such delegation shal! not relieve�the officers and directors f
the ultimaae responsibility for the performance of their duties as prescribed by the Governin
Document$and by law.
5.6 Rules and Regulations. The Board shall have exclusive authority to approve an
impiement such reasonable Rules and Regulations as it deems necessary from time to time f r
the purpose of operating and administering the affairs of the Association and regulating the u
of the Property; provided, that the Rules and Regulations shatl not be inconsistent with th
Governing Documents or the Act_ The inclusion in other parts of the Governing Documents f
authority to approve Rules and Regulations shall be deemed to be in fuRherance, and not i
limitation,of the authority granted by this Section. New or amended Rules and Regulations sha 1
be effective only after reasonable notice thereof has been given to ttte Owners.
5.7 Association Assets; Surqlus Funds. All funds and real or personal propeit
acquired by the Association shall be held and used for the benefit of the Owners for the purpos s
' stated in the Governing Documents. Surplus funds rexnaining after payment of or provision f r
Common Expenses and reserves shall be credited against futnre Assessments or added
reserves, as determined�y the$oard.
S. Resale Disclosure Certificates. Pursuant to Section S 15B.4-107 of the Act, in e
event of resale of a Unit by an Owner other than Declarant, that Owner shall furnish to-t e
purchaser a resale disclosure certif cate containing the information required by Section S 15B. -
107(b} of the Act. Pursuant to Section 515B.4-107(d) of the Act, the Association shaii, with n
ten days or within such other relevant timeframe set forth in the Act) after a request by
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The
� Association may charge a reasonable fee for furnishing the resaie disctosure certificate and any
documents related thereto.
SECTION 6
� ASSESSMENTS
6.1 Generai. Assessments shalI be determined and assessed against the Units by the •
� Board, in its discretion, subject to the requirements and procedures set forth in this Section b and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section b.3 and limited Assessments under Section 6.4. Annual and
special Assessrrrents shall be allocated among ihe Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annuai Assessment shall cover all of
the anticipated Common Expenses of the Association for that year which are to be shared equally
. by all Units in accordance with the allocation set forth in Section 42. Annual Assessments shall
be payable in equal monthfy or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible,except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessment is levied, Declarant sha11 pay all Common
Expenses.
6.3 Snecial Assessments. In addition to annual Assessments, and subject to the •
� limitations set forth hereafter, the Board may levy in any ASsessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
� special Assessments shall be used for the pucpose of defraying in whole or in part (i)the cost of
' any unforeseen and unbudgeted Common Expense, {ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Property,and (iii) the maintenance, repair, i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments. In addition to annuai Assessments and special
Assessments,the Board has the authoriry to(and,in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following requirements and procedures:
� 6.4.1 Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common filement shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than al] of the Units, may, at the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessments and special Assessments,the Board h�s -
the, authority to (and, in certain instances set forth in this Section 6.4, shall) levy ar�d
' � allticate limited Assessments among only certain Units in accordance with the followi�g
requirements and procedures.
. �', 6.4.4 The Casts of insurance may be assessed in proportion of the square foota e
or pctuai cost per Unit.
i ' b.4.5 Reasonable attorneys' fees and other costs incurred by the Association n
� connection with (i) the collection of Assessments and (ii) the enforcement of e
Governing Documents, the Act, or the Rules and Regulations, against an �wner r
Occupant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, fines, and interest may be assessed as provided n
Section 14.
6.4.7 Assessments levied under Section S 15B.3-1 l b(a) of the Act to pay a
judgment against the Association may be levied only against the Units existing at t e
time the judgment was entered, in proportion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused by e
act or ornission of any Owner or Occupant, or their guests•or envitees, the Associati n
may assess the costs of repairing the damage, or any increase in insurance rates direc y
att�ibutable to the Act or omission,exclusively against the Owner's Unit to the extent t t
- th�damage is not covered by insurance.
' 6.4.9 If Common Expense liabilities are reallocated for any purpose authoriz d
by the Acf, Assessments and any installment thereof not yet due shall be recalculated �n
accordance with the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, e
assessed as a part of,or in addition to, other Assessments levied under Se�tion 6.l or 6.2: �
� 6.5 Working Canital-Fund. There shall be established a working capital fund to m et • �
unforeseen expenditures or to purchase additionat equipment or services for the Associati n. �
The Soard may include in each suhsequent annual budget a reasonable amount of worki g
capital, hased upon the anticipated needs of the Association for the year in qnestion. There sh 11
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each U it
by Declarant, an amount equal to four monthly instailments of the estimated annual Assessm t
for the Unit in the year of the sale. The contribution shall be paid at ttie earlier of(i)the time f
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Period. T e
contributiqns to this fund are in addition to che regular installments of annual Assessments, a�d
shal! not',be a credit to the regular installments of annual Assessments levied against t e
respective� Unit. The funds shaSl be deposited into a segregated Association account no later th�n
the termimat�on of the Declarant Control Period. Funds deposited in said account shall not be
used to d�fray any of Declarani's expenses, reserve contributions or construction costs, nor lto
make up any budget deficits during the Declarant Control Period. However, upon the closing f
the initial sa{e of a Unit, Declarant may reimburse itself from funds collected from the purcha er
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_ at the closing for any prior contributions made by Declarant to the working capital fund with -
respect to that Unit.
6.6 Liability of Owners for Assessments. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the later of (i) the time at which the Owner
� acquires titde to thP Unit ar(ii) the due date of the first Assessment levied against the Unet by t��
Board. The Qwner at the time an Assessment is payable with respect ta the Unit sha11 be �
personally liable for the share of the Common Expenses assessed against suc;� Unit. Such
liability shall he joint and several where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from liability for payment of Assessments by. �
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against
Declarant, the Association, or the Association's ofEicers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. !
6.7 Declarant's Alternative Assessment Program. 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 levied, 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 approva( has bee� issued with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
. required by Section S15B.3-1 ES of the Act. However, Lhere 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 badget.
6.7.3 Declarant's reduced assessment obligation shal! appty to each Unii 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 Asszssment Lien. The Association has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installrnents, the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B.3-]02(a){10), (I 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 ander this Section 6, and na €urther recordation of any
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notice of or claim for the ]ien is required. The release of the lien shall not release the Own r .
from persanal liability untess agreed to in writing by the Association. �
6.9 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclos d
against a Unit under the taws of the state of Minnesota(i)by action,or(ii) by advertisement in a
like manner as a mortgage containing a power of sale. The Assaciation, or its authori2 d
;epresentaCit+e, shall have the pewer to bid in at the foreclosur.e sale and to acquire, hold, ieas ,
mortga�e, and convey.any Unit s� acquir�d. The Owner and any other Person claiming n
interest in the Unit, by the acceptance or assertion of any inte:est in the Unit, grants to t e
Associatio� a power of safe anci full authoriry to accomplish the foreciosure_ The Associati n
• shall, in addition to its other remedies, have the right to pursue any other remedy at law or n
equity agai�nst the Owner who fails to pay any Assessment.or charge against the Unit. �
6.1p Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens d
encumbra�ces on a Unit except(i) liens and encumbrances recorded before this Declaration, {i�)
any first mortgage on the Unit, and (iii} liens for real estate taxes and other government 1 �
Assessmer�ts or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortga e
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording f
, this Declaration, and (iii) the Owner of the Unit does not redeem from the foreclosure during t e ,
� Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, th n
! the holder of the sheriff's certificate of sale from the foreclosure of the first moRgage shall ta e �
title to th¢ Unit subject fo a lien in favor of the Association for unpaid Assessments r
instalimen�s thereof levied pursuant to Sections 515B.3-i 15{a), (e)(l) to (3), (fl, and (i) of t e
Act wfiich became due, without acceleration, during the six months irnmediately preceding t e
first day forlowing the end of the Owner's period of redemption.
6.1� Real Estate Taxes and Assessments. Real estate taxes, special assessments, a
other charges and fees which would normally be tevied against the Common Elements y
governmenta! authorities, shall be allocated equally among and levied against the Units, a
shall be a l�en against each Unit in ttie same manner as a lien for real estate taxes and real esta e
special assessments levied against the Unit alone.
6.(� Voluntarv Convevances: Statement of Assessments. In a voluntary conveyan �
of a Unit the huyer shall not be personally liable for any unpaid Assessments and other charg s �
made by thle Association against the seller or the seller's Unit prior to the time of conveyance t
� the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments sha 1
remain aga;inst the Unit until released. Any seller or buyer shall be entitled to a statement, i
recordable'form, from the Association setting forth the amonnt of the unpaid Assessmen�
against the Unii, including all Assessments payable in the Association's cvrrent fisca] yea ,
which state�ent shall be binding on the Association, the seller,and the buyer.
i SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All IiOwners and Occupants, and ail secured parties, by their acceptance or assertion of a
interest in �he Propeny, ar by their occupancy of a Unit, covenant and agree that, in addition t
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- any other restrictions which may be imposed by the Act or the Governing Documents, the '
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shall be owned, conveyed, encumbered, leased, used, and
oc�upied s�.�bject to the Governing Documents and the Act, as amended from tirne to time. All �
covenants, restrictions, and obiigations set forth in the �'ioveming Documents are in furtnerance
of a plan for the Property, and shatl run witt-, the Property and be a burden a�zd 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 16.2, a Unit may not be subdivided or convected by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof. Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single family residential dwellings, and not for transient, 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 af Units owed by Declarant) for a period of less than twelve months or any occupancy
which includes services customarily furnished to hotet guests, shall be presumed to be for
transient purposes. .
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided, that such use (i) is incidental to the residential use; (ii) i
does not involve physical alteration or improvement of the Unit visible from the exterior
of the Unit; {iii) is in campliance with all governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
, displays, unusual numbers of deliveries, or unusual levels of pedestrian or, vehicular
i traffic to and from the Unit; (v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occupants.
7.42 Declarant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.43 The Association may maintain offices on the Property for management
and related purposes: •
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7.5 Leasing. Leasing of Units shall be allowed (subject to reasonable regu3ation y � �
the Assoc�ation) but only in accordance with the following conditions: (i) no Unit may e
subleased,' (ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shall be n
writing, (i�) unIess otherwise required in connection with the financing,gnarantee,or insuring f
a Unit mqrtgage, and except for leasing of Units owned by Declarant, no lease shall be for a
. " period iess than tweive months, except for extenuating situat;or,s,�(v) the lease shail provide th t
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and that a y
failure of�he lessee to comply with the terms of such documents shall be a default under e
lease, and�(vi} priar to occupancy of the Unit by the lessee(s), the Association shall receive a
copy of the fully-signed lease along with a written]ist of the name and telephone number of ea h
Person whb will occupy the Unit under the]ease,and the absentee address of the leasing Own .
The flssaCiation may impose such reasonable Rules and Regulations as may be necessary o '
implement procedures for the leasing of Unics, consistent with this Section and applicahle la ,
including}�ut not limited to{i)a requirernent for a form addendum to be attached to each lease o
assure that the rights and authority of the Association and Owners and Occupants are recognize ,
and (ii) a requirement for the screening of lessees through a reputable, professional screeni g
organization; provided,that such screening shall not violate federal, state,or local discriminatiqn
laws. '
7.6. DeleQation of Use. An Owner's right of use and enjoyment of the Unit shall e
automatic�lly delegated to other persons ]iving in the Unit pursuant to a legal right of possessio ;
provided, ;that such persons shail be subject to the Governing Documents and the Rules a d
Regulations. Unless otherwise authorized in writing by the Board, if persons other than t e
Owner or'the Owner's family (e.g., lessees) have been given the legal right to possess e
Owner's LDnit, then those persons shall have the right to use any recreational facilities, parkin ,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Own r
and the Owner's family.
' 7.7� Parkin . There are ninety-five Cornmon Element vehicle garage stat�s �
(collective�y the "Stalls," and individually a "Stall") in the lower level of the Building. e
Stalls and bther parking spaces on the Property shall be used only for parking of vehicles own d
or leased by Owners and Occupants, and such other incidental uses as may be authorized 'n
writing by the Association. A Stall shall not be converted to other uses or used for storage r
other purposes which would prevent the parking of a mid-size automobi3e in the Stall, except s :
authorized� in writing by the Association. The use of the Stalls, other parking spaces, a �
driveways�on the Property, and the types of vehicles and personal property permitted thereo ,
shall be subject to regulation by the Association, including, but not timited to, the right of t}�e
Associatio�to tow illegally parked vehicles or to remove unauthorized personal property.
� 7.81 Stalls. The Stalis shall be assigned to various Units; and the aperation an
transfer of�the Stalls shall be adrninistered, in accordance with this Section 7.8. The followi
conditionsiand restrictions shall govem the assignment, use,and transfer ofthe Stalls.
7.8.! The initial assignment of a Stall to a Unit shall be made by the Associatio
as �iirected by Declarant at the time of the first conveyance of the Unit by Declaran .
Up n the closing of the initial sale of a Unit, the Assaciation shall, as directed b
De�larant,assign to the Unit the exclusive right and license to use at least one Statl. Eac
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� Stall assigned by the Association shall be deemed to be licensed and assigned by the •
Association to the Unit to which it is assigned. After all Units owned by Declarant have �
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rental or assignment hy the Association to Owners or Occupants, as determined by the
Bcard. The Associatio�may, after Declar�7t�o lan�er awns any Unit, rent or otherwise
assign any unassigned Stalis to Owners or Occupants. _
7.8.2 The use righis with respect to each Stall sha11 be deemed to be licensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Associatian shall
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 stap assignment(the"Garage Certificate") shall be signed and dated �
on behalf of the Association and made avaiIable for delivery on the date the Owner
° acquires title to the Unit to which the Stall is assigned. The Association shall not
unilateral3y reassign any Stall assigned to a Unit, except for handicapped Staq
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Stall shall remain with the Unit to which is it assigned until the license
is transfened 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, ia�t 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 Stai1. The Association shall review the proposed transfer
� certificate for compliance with this Section 7 and, if the transfer complies, the
Association shal] transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The [icense to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section 7.8. In the absence of a properly executed assignment to
the contrary, the ]icense to use a Stall assigned to a Unit at the time of the Unit's �
conveyance shail be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stal!assigned to his or her Unit �
only to or by other Owners and Occupants_ The lease or other use right sha11 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 Stal1 assigned to that Owner's Unit, and shall promptly provsde a copy
of the lease or use agreemen[ to the Association. The Association may hold,reassign the
license for, or rent, a Stalt assigned to it in the same manner as an Owner, except for the
Statls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first lien or other secnrity interest
on a Unit shall include the license to any Stall which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired sn the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer f •
any interest in a Stali in viofation of this Section 7.8 shall be void:
7.8.7 The use of the Stalis, and the size and types of cars and other motoriz d
vehicles which may be kept in a Stall, are subject to Rufes and Regutations as approv d
. from time to time by the Board. -
7.� Starage Spaces. There are ninety Cornmon Element storage spaces located in t e
lower lev�I of the Building {collectively the "Storage Spaces," and individually a "Stora e
Space"). �"he assignment of the Storage Spaces, and the operation and transfer of the Stora e �
Spaces, shall be administered in accordance with this Section 7.9. The follawing conditions a d
restrictions shall govern ihe assignment,use,and transfer of the Storage Spaces.
' 9.9.1 The initia] assignment of a Storage Space to a Unit shall be made by t e
Association as directed by Deciarant at the time of the first conveyance of the Unit y ;
De larant. Upon the closing of the initial sale of a Unit,the Association shall, as direct d
by�eclarant, assign to the Unit the exclusive right and license to use at least one Stora 'e
Space. Each Storage Space assigned by the Association shall be deemed to be licens
and assigned by the Association to the Unit to which it is assigned. After all Units own
by Declarant have been conveyed, any unassigned Storage Spaces shall be deemed to
assigned to the Association. The Association may, after Declarant no longer owns an
iJait,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
I' 7.9.2 The use rights with respect to each St�rage Space shall be deemed to b
licensed exclusively to the Owner of the Unit to which the Storage Space is assigne .
The Association shall mainta�n records identifying the Storage Spaces, the Units to whic
they are assigned, the names of the Owners of the Units, and the dates of assignment an
.any reassignments. A written certificate of Storage Space assignment {the "Storag
Cer�i6cate") shall be signed and dated on behalf of the Association and made availabl
for deIivery on the date the Owner acquires title to the Unit to which the Storage Space i
assi�ned; provided, that the Owner has been assigned a Storage Space. The Associatia i
shal]not unilateraliy reassign any Storage Space assigned to a Unit.
7.9.3 A Storage Space license shall remain with the Unit to which it is assigne '
until the ticense is transferred in accordance with this Section 7.93. .Subject to Sectio
7.9. , a Storage Space may be transferred to another Unit, but only by first delivering t
the ssociation (i) a written transfer cErtificate, in a form approved by the Association
sig ed by the transferor and transferee, and (ii) all prior Storage Certificates and copie
thereof, issued with respect to the Storage Space. The Association shall review th
proposed transfer for compliance with this Section 7.9 and, if the transfer complies, th
Association shall transfer the license on its records to the Unit owned by the transfere
and',issue a new Storage Certificate to the transferee. The license to use the Storag
Spa�e shall remain with the Owner and Unit to which it is transferred until the license i
tran�ferred in accordance with this Section 7.9. In the absence of a properly execute
assi�nment to the contrary, the license to use a Storage Space assigned to a Unit at th
tima of the Unit's canveyance shall be automatically assigned with the conveyance o
title tQ the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his •
or her Unit only to or by other Owners and Occupants, The lease or other use right shall
be in written form, and shall terminate when the ]essor, lessee, or other user is no longer
an Owner or Occupant, regardless of the terms of any agreement to ihe contrary. The
� Owner shail give the Association advance written notice of any lease or use agreement
tivith respe�t to the Storage Space assi�ned ta that Owner's� Unit, and shafl promptly
provide a copy of the lease or usz 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 event of a
foreclosure of the lien or other security interest.
7.9.b Any license, lease, rental, assignment, transfer, or purported transfer of -
any interest in a Storage Space in violation of this Section 7.9 shali be void.
' 7.9.7 The use of the Storage Spaces, and the items that may be stored in the
Storage Spaces, are subject to Rules and Regulations as approved from time to time by
the Board.
7_10 Animals. The Board shall have the exclusive authoriry#o regulate or prohibit, by �
' the Rnle 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 animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kepi in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any kind shall be raised or bred, or kept for business or
commercial purposes, by any Person upon any part of the Property.
7.10.3 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 Cammon
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 affect another Unit or the Common Elements.
7.10.5 Pets shall be under control of an aduit individual at all times when outside
of the Unit.
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� 7.10.6 Owners and Occupants keeping pets within their Units are responsible r •
! the pet's behavior and for complying with municipaI pei Iaws„ ardinances, a d
� re�;ulations. An Owner is liable to the Assaciarion for the cost of repair of any damage to
th� Property,or the damages and expenses associated with any gersonal injury,caused y
. an�, animal (i) kept by that Owner on the Property, (ii} kept on the Property by n . -
O��upant of that Owner's Uniz, or(iii) brought upon the Procerty by a guest or invitee f � -
th�t Owner or that Occupant. The owner of that animal (ii not that Owner) shalI also e
liable for such costs,damages,and expenses.
7.i 0.7 The Board shall have authority to determine in its sole and absol te
discretian whether a particular pet shail be permanently removed from the Property bas d
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Section 7,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any additio ai
restrictions approved by the Board; provided, that such removal shall be subject o
Se�ction 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
faiiure to comply with any pet restrictions shall be an Assessment against the Owne 's
Unit.
, 7.11 1 Quiet Enioyment; lnterference Prohibited. Subject to Section 7.16, all Own s
� and Occupants and their guests shall have a right of quiet enjoyment in their respective Uni s,
subject to',the rights of other Owners and Occupants to reasonable uss of their respective Un ts
and the u$uat and customary sounds generated thereby given the multi-family, apartment-s le
structure �f the Building. Taking into consideration the nature of the Building stracture, Own s
and Occu�ants and their guests shal] use and occupy the Property in such a manner as will n t �
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and qu� t
enjoyment of the Property by other Owners and Occupants and their guests. .
7_12 Comnliance with Law. No use shall be made of the Property which wouid viol e
any then existing municipal codes or ordinances, or state or federal laws and regulations, n r
shall any act or use be permitted which coutd cause waste to the Property, cause a materi 1 i
increase in insurance rates on the PropeRy, ar otherwise cause any vnusua} liability, health r j
safety risk,or expense,for the Association or any Owner or Occupant.
7.13 Atterations. Except for those made by Declarant in consideration of its initial sa e
of a Unit and except as otherwise pravided in Section 8, no alterations (as defined in Section )
shall be made, or caused or allowed to be made, in any part of the Common Etements, or in a y
part of the Unit which affects the Cornmon Elements or another Unit, or which is visible fro
the exteribr of the Unit, without the prior written authorization of the Board, or a committ e
appointed',by it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit a y
physica] c anges to his or her Unit that could jeogardize or impair the weaiher-tight soundness r
safety of z e Building, or any Building system, or other improvement located on the Property; r
(ii) interfe e with any easement affecting the Property.
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� 7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
fonn of iease, occupancy rights, ownership, or right-to-use glans, which has the effect of
dividin�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��l threat to the Property or to the health or safety of the Owners or Occupants, all Units
and the Limited Elemenis are subject to entry, without notice and at any time, by an officer or
member of the Baard, by the Association's management agents, or by any public safety
personnei. Entry is also 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 faciliry(the"FaciIity")is located
directly to the west of the Property. The Facility is.used by the City for,among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. Given :
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,sounds,lights,and smells associated with the Facility.
7_17 StoraQe. Subject to the provisions of Section 7.9, personal property may not be
stored, displayed, or otherwise ieft outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
lower level of the Building, may not be obstnicted, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage.
7.l 8 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 instailed on or within the ceilings,�
floors,oc walls of the Units wi#hout the prior written authorization of the Board.
SECTION 8
, ARCHITECTURAL STANDARDS
� 8.l Restrictions on Imdrovernents. 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 kept architectura!]y attractive, and consistent in appearance, and
structuratly sound_ Therefore, except as set forth in Section 8.5, the foflowing restrictions and
requirements shal! apply to alterations on the Property:
8_l.l 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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indii✓idually a "alteration"), including, but not limited to, any structure, buiidin '
addi!,tion, deck,patio,fence,wall,enclosure, window,exterior door, antenna or other typ
of �$ending or receiving apparatus, sign, flag, display, decoration, color chang�,
shn�bbery,materiai topographical or landscaping change, or any other exterior alteration
to o�of a Unit or a Limited Common Element,.shail be made, or caused or allowed'to b
r�a�e, by any Owner or C?ccupant,�or their:nvitees, in any Fart of the Common Eiemen ,
or ic� any part of the Unit which affects the Common Elements or another Unit, or whic
is v s�ble from the exterior of the Unit, unless and until the plans and specification
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sho�v�ng the nature, kind, shape, height, color, materials, and locations of the alteration
shalB have been appro"ved in writing by the Board or a committee appointed by it. I
addition, Declarant's written consent shall also be required for alterations until Declara t
no longer owns a Unit for initia] sale_
8.1.2 The Board may appoint, supervise, and disestablish an architectu 1
committee, and speci�cally delegate to it part or all of the functions which the Boar .
exercises under this Section 8, in which case the references to the Baard shall refer to th
architectural cammittee where appropriate. The architectural committee shall be subje t
to ti�e supervision of the Board. �
8.1.3 The Board shal] establish the criteria for approval of alterations, whic
shall (i) adequately protect the Property, the Association, and the Owners and Occupant ,
from liability and liens arising out of the proposed alterations or any construction activit
in �onnection therewith, and (ii) cornply with ail governmental taws, codes, an
reg�Ilations. The criteria for approva] of alterations shalt include and require, at �a
mir�imum: '�
' 8.13.1 substantial uniformity of color, location, type, and design i
relation to existing structures and topography,.
8.1.3.2 comparable or better quality of materials as used in existin
improvements on the Property, • � �
�_l.3.3 ease of maintenance and repair, ;
8.l.3.4 adequate protection.of the Property, the Association, the Owner ,
and the 4ccupants from liability and liens arising.out of the proposed alterations,
8.L.3.5 substantial preservation of ather Owners' sight lines, if materi ,
and
8.1.3.6 compiiance with govemmental laws, codes,and regulations.
' 8.1.4 The Board, or the appointed architectural committee if so authorized y
the' Board, in its sole discretion, may impose standards for design, appearance, r
� co struction which are greater or more stringent than standards prescribed by e
G verning Documents, or by building, zoning, or other governmental laws, codes, r
. re�ulations; provided, that such standards shall be consistent with the architectur 1
character and use of the Property as planned and developed by Declarant. The Board, r
MPLS-Word 95?81.1 I 1(�
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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 established by the Board shall be (i) to ;
preserve the architecturai sryEe and uniformity, the quality and value of the Property, and I
(ii) t� prot?ct th� A.ssecia!ion Gnd the Owners from Lnd��e liabi?ity ansir.g �u; ef th� �
aiterations or any construction activity in connection therewith. -
8.1_5 Alterations may be made in compliance with Secticn S I SB.2-113 of the
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S I SB.2-114 of the Act.
8.l.b Approval of alterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the '
course of construction of the Building and Units, shall create an appurtenant easement for
such encroachrnent in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary requirement in the Governing Documents or the
Act. A file of the resotutions approving all al#erations 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.] Detailed plans, specifications, and related information regarding any
proposed alteration, in form and content acceptable to the Board,shall be subrnitted to the
Board (or the committee)and to Declarant(as long as Declarant is the owner of a Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approvaL
8.2.2 The Board(or the committee} and to Declarant(as long as Declarant is tlze ;
owner of a Unit) shali give the Owner written notice of approval or disapproval. If the
Board (or the committee) and ta 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 Dec(arant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that tt�e alterations are done in accordance with the plans,
specifications, and related information which were submitted. �
8.2.3 If no request for approval is submitied, a.pproval shall be deemed to be
denied.
83 Remedies for Violations. T'he Association may undertake any measures, legal or
administrative, to enforce compiiance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attorneys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shali be a lien against each of t}te Owner's Units and be a pe:sonal obligation of the Owner.
ln addition, the Association shall have the right to enter the Owner's Unit and to restore any part
M PLS-Word 9528 L 1 1 20
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of the Building or that Unit to the prior condition if any alterations were made in violation of is •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a l� n
againsi ea�ch of the Owner's Units. !
8.4 Owner Responsibility/Indemnitv. An Owner who causes an alteration to e
made, regaidless of whether the alteration is approved by the Baard, shall be responsible for e
� canstruction work and any claiins, damages, tosses, or liabiiities arising out of the alterati n.
Th� O�vner, and not the Association, is responsible for deiermining whethez any alteration is in
violation f any restriction imposed by any governmenta] authority having jurisdiction over a y
portion of�the Property. The Owner shall hold harmless, indemnify, and defend the Associati n,
and the Association's officers, directors,committee rnembers, and management agents, from a d
against any expenses, claims, damages, losses, or other liabilities, including without limitati n
attorneys' fees and costs of litigation, arising out of (i) any alteration which violates a y
governmental .faws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of e
specifications or standards far construction of the alteration, and (iii) the construction of he
alterationl
�
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 connecti n
with its sale of Units.
' � 8.5.2 The instailation of the following antennas within a Unit or within a '
Limited Common Element, as permitted by applicable taw: (i) one antenna one meter or
less in diameter for the purpose of receiving direct broadcastlsatellite service or vi o
programming services, or (ii) any antenna For receiving television broadcast sign ls.
However, the Board or a committee appointed by it, may require that the antenna e
in5talled so as to minimize its visibility from the front of the Unit and otherw se
cajmouflage its appearance, uniess such requirements would violate appldcable law, e
Bbard shall have authority to impose further, reasonable related requirements consist nt
with ]aw. The Owner ar Occupant of the Unit shall perform and pay for the instaliati n,
maintenarice, and repair of the installation. . i
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, 8.53 Alterations permitted by the Rules and Regulations.
I SECTION 9
MAINTENANCE
9.1 Maintenance by Association. Subject to Section 92,the Association shall provi e
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"maintai '") of the Common Elements and the Limited Cammon Elements, in accordance wi ,
and subje t to,the following qualifications:
' 9.1.1 The cost of inaintenance of a Limited Common Element required to e
undertaken by the Association shall be assessed against each Unit to which the Limit d
Cpmmon Element is allocated. The Association may assign to an Owner the obligati n
i
MPLS-�Vord�5281.I I Z j
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for routine maintenance of a Limited Common Element allocated to the Owner's Unit. �
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
Association shall have an easement on, over, and through that Unit and the Limited
��mmon Eiement fer purpes�s of perfo:ming said maintenance. �
9.1.2 The Association shall be responsible for incid�:�tal damage caused to a.
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.1.3 !f damage to the Common Elements, the Cimited Common Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist, then the Association may repair the damage or conect 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 shall have an easement on, over,and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9_l.4 Notwithstanding the assignrnent of any maintenance obligations to an
Owner, the Association shall have authority 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 frorn 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 Hennepin County,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Associatio❑ has the obligation to maintain
those unpaved portions of Kelley Parkway lying 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 approval of a majority of votes cast in person or by
proxy at a meering called for such purposes, or by written baIlot, undertake to provide
maintenance to parts of the Units.
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Rest�onsibility. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and replacernent as follows:
MPLS-Ward 95231.I 1 22
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� 9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sanit •
condition, and to maintain the Lirnited Common Elements allocated to the Owner's U it (
to the extent assigned ta the Owner under Section 9.1.1. The Association may require t at �
th� Owners perform their maintenance obligations in accordance with standa s
established by the Association.
� - 9.42 Ta perfcrn the foregoing mairtenance abligations in such man,�er as ot '
to damage the Properiy, or unreasonaioly disturb or cause a hazard to other Perso s
_ oc�upying or using the Property.
The Association may, with the approval of the Members, undertake a y
m�intenance of a Unit which the responsible Owner fails to or improperly performs, a d
� as5ess the Unit and the Owner for the cost thereof. No such approval shatl be necess
if the Association has the authority under the Governing Documents to perform su h
m�intenance. Such cost shall be a personal obligation of the Owner and a lien against t e
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects in
or damage to those parts of the Property which the Association is obligated fo mainta n.
T11e Board may require that the Owners perform their maintenance obligations �in
accordance with standards established by the Association.
9.� Waste of Comman Utilities or Commonlv Metered Utilities. An Owner or
Occupant of a Unit shall not cause waste, or unreasonable use, of common utilities or utilit es
that serve the Uni# but which are commonly metered. In the event the Association determi es
that such �'waste or unreasonable use is occumng, the Association shall have the authoriry to le y
against the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, charg s,
� and fees (whether billed by the utility provider, or otherwise) associated with that waste or
unreason�ble use. Such costs, charges, and fees shall be calculated by the Association usi g
reasonable methods. Notwithstanding any provision to the contrary in this Declaration, e
Associatipn may repair or correct any condition (and enter upon any Unit and Limited Comm n
Element to do so) causing the waste or unreasonable use. The cost of the repair or correcti n
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discreti n,
� be the pe�sonal obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on ChanQes to the Property. Except as permitted by this Declarati n, '
no Owne�-ar Occupant shall, without prior written authorization from the Board in accorda ce
with Section 7.12:
i 4.6.1 Cause or permit any physical or aesthetic changes or alterations, whet er
temporary or permanent, to be made to a Unit or the Common Elements, if such cha ge
or alteration is visible frorn the exterior of his or her Unit.
I 9.6.2 Cause or permit any physical changes to his or her Unit or the Com on �
Elements that could jeopardi2e or impair the weather-tight integrity, safety or soundn ss
o�'any part of the Property, any system or eqqipment on or within the Property, or ny
other improvements located on the Property.
- I 9.6.3 interfere with or otherwise impair any easement.
MPLS-Word 45Z81.11 23
� 9.7 DutY to Re�ort Defects. Owners or Occupants shall promptly report to the .
Association any defect or need for repair to those parts of the Propecty which the Association is
obligated to maintain. �
9.8 Damaee Caused by 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
P:�perty<s cause�by the willfu! o;negliger.t act or omission of ar.Owner os Qccupant,the gwest
or invitee of an Owner or Occupant, or by a condition in ar on the Property which the Owner or
the Occupant has wi)lfuliy or negligently allowed to exist, the Association may cause such
' damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Element to do so). The cost of the repair or cotrection may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personaI obligation of the Owner and a lien
against that Owner's Unit.
SECTION 10
1N5URANCE
10_1 Renuired Coverage. The Association shall obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirements set forth herein issued by one or more than
one reputable insurance company authorized to do business in the state of Minnesota,as follows:
i 0.1.1 Property insurance in broad form eovering all risks of physical loss in an
amount equal to one hundred percent�of the insurable"replacement cost".of the Property,
exclusive of (i)deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage (but including all building service equipment and machinery). •
� T�e Association, at its sole discretion, may or may not insure the following items
ceiling antl wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments re�ardless of when instal]ed, and any items referred to in Section '
S15B.3-113(b)(i) through (vii) of the Act, but must do so if required by the fiedera] !
National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of Veteran's Affairs ("VA"). The policy or policies shall cover persona! property owned
by the Association. The policy or poiicies shall also contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and timits 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 grecondition 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 the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified
coverages or endorsements in effect.
10.1.2 Commercial general liabi]ity insurance covering the use, operation, and
maintenance of the Common Elements, with minimum limits of one million dollars per
MPLS-Word 95281.1 I 24
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occurrence, against claims for death,bodily injury,property damage, and such other ris '
as �re customarily covered by such policies for projects similar in canstruction, locati n
and use to the Property. The policy shall contain a"severability of interest"endorseme t
which shall preciude the insurer from denying the claim of an Owner or Occupa t
because �f negligent acts of the Association or other Owners or Occupants. The po(i y
shall include such additianat endorsements, cove:ages and limits wiih respect ta su h �
ha�ards as rnay be required by the regu3ations of the FNA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mort�age on a Unit.
, 10.1.3 Fidelity bond or insurance coverage against dishonest acts on the part f
� dir�ctors, officers, managers, trustees, employees, or persons responsible for handli g
. funds belonging to or administered by the Association, if deemed to be advisable by e
Board or required by the reguiations of any financing-related institution as a preconditi
to the purchase, insuring, guarantee, or financing of a mortgage on a Unit. The frdeli �
bond or insurance shall name the Association as ihe named insured, and sha]] comp]
with the regulations of the FNMA, FNLMC, FHA or VA, if required by one of su
agencies as a precondition to the purchase, financing, insuring, or guarantee of a
mortga�e on a Unit. An appropriate endorsement to the policy to cover any persons w
' sec�jre without compensation shall be added if the policy would not otherwise cov r �
volunteers, or a waiver af defense based upon the exclusion of persons serving witho t
compensation shall be added.
I L0.1.4 Workers' Compensation insurance as applicable and required by law. �'
10.1.5� Directors and officer liability insurance with such reasonable limits an .
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 to
in the best interests of the Association and the Owrcers.
10.� Premiums; lmprovements; Deductibles. Except as provided in Section 6.4, a I
insurance premiums shall be assessed and paid as part of an annual Assessment. f
im�rovements and betterments to the Units are covered by the Association's property insuranc ,
any increased cost may be assessed against the Units affected. The Association may, in the cas
of a claim �'or damage to one or more than one Unit,(i)pay the deductible amount as a Commo.
i Expense, (�i) assess the deductible amount against one or more than one Unit affected in an
reasonable manner, or(iii) require the Owners of one or more than one Unit affected to pay th
deductibte amount directly. The Association's decision as to who shal] be charged with payin
the deductjble amount may, but need not, be based an fault. Notwiths#andin� anything to th
contrary in this Section ]0, the Association may, in the case of claim against the Association'
property insurance',assess the deductible amount against all of the Units equally in the event fh t
the deductible amount is calculated by the insurance company based upon the percentage of th
value or co'Ist{replacement or otherwise)of one or more than one Unit or Building.
10.3 Loss Pavee; insurance Trustee. All insurance coverage maintained by th
Associatiac� shall be written in the name of, and the proceeds thereof shall be payable to, th
Associatio� (or a qualified insurance trustee selected by it) as trustee for the benefit of th
MPLS-Word 95�81.11 25
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_ Owners and secured parties which suffer loss. 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 Required Policv Provisions. A!1 policies of property insurance carried by the
. Association shall rrovide, if practicable;that:
10.4.1 Each Owner and securzd pa�-ty is an insurzd Person under ihe policy with
respect to liability arising out af the Owner's interest in the Common Elements or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any
Owner or member of the Owner's household and against the Association and members of I
the Board. .
10.4.3 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 c�mply 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. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantia�ly modified, for any reason, without at least thirty days prior
� written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
, the primary insurance where there is other insurance in the name of ihe Owner covering the same ,
' property, and may not be brought into contribution with any insurarice purchased by Owners or
their mortgagees. � �
�
]0.7 Owner's Personal Insurance. Each Owner shal] obtain and ntaintain additional
personal insurance coverage (commonly known as "gap coverage"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal iiability, and covering insurance deductibles that may be levied by the
Association against the Unit. Insurance policies maintained by Owners are without contribution
as against the insurance purchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 95281.i I ��
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' SECTION 11 • �
�RECONSTRUCTION, C�NDEMNATION,AND EMINENT DOMAtN
1 111 Reconstruction. The obligations and procedures for the repair, reconstruction, r �
dis�Gsitio�h of the Property fallowing damage or destraction ihereof shal] be governe�by the A :.
Any repair or reconstruction shall be commenced as soon as praciicab;e a�.er the casualty a d
shall be st�bstantially in accordance with the plans, specifications, and design of the ProperEy s
initially c�nstrt:cted and subsequentiy improved. Nozice of substantial damage or destructi n
shall be g��en as provided in Section 15.10. �
11 I2 Condemnation and Eminent Domain. In the event of a taking of any part of tt�e
Property b�y condemnation or eminent domain, the provisions of the Act shall govern; provide , �
(i) that no�ice shall be given as provided in Section I S_10, (ii) that the Association shall be t e
attorney-in-fact to represent the Uwners in any related proceedings, negotiations, settlements, r
agreement5, and (iii) that any awards or proceeds shall be payable to the Association for t e
benefit of the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitled o �
priority fot condemnatian awards in accordance with the priorities established by the Act and t e �
Govemingl Documents,as their interests may appear.
, 11.3 Termination and Liquidation. The termination of the Condaminium, and t e
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of fun s
shall be based upon the value of the Units as determined by thcir retative value for prope
insurance purposes, and shall be made to Owners and their mortgage holders, as their interes
• may appear,as provided in the Act. �
11.4 Notice. The Association shall give written notice of any condemnatio�
proceeding� or substantial destruction of the Property to the :Etigible Mortgagees entitled t�
notice unde�r Section I 5.10. ,
�
11.5 Association's Authoritv. ln al] cases involving reconstruction, condemnatio , '
eminent domain, termination or liquidation of the Condominium, the Association shall hav
authority td act on behalf of the Owners in all proceedings, negotiations, and settlement o
claims. A11 proceeds shall be payable to the Association to hold and distribute for the benefit o
the Owners and their mortgage holders, as their inEerests may appear,in accordance with the Act
SECTION l2
� I
EASEMENTS
The,fc)lowing appurtenant easements and rights are hereby granted,conveyed, dedicated
and reserved on, over,under,and across the Property,as applicable.
]2.1 Utilities, Services, and Oqeratine Svstems. The Common Elements and the Units
shall be sub�ect to and benefited by nonexclusive easements in favor of the City, the Association
and all utility companies and other service providers for the instatlation, use,maintenance, repai
and replacement of all utilities, services and common operating systems, such as natural gas,
electricity, �able TV, security, telephone and other electranic communications, water, sewer,
MPLS-Word 9528i1.1 1 77
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' septic systems, wells, and similar services, fire control systems and other common operating -
systems, and metering and control devices, which exist, which are constructed as part af the �
Properry,which are approved by the City, which are approved by the Association under autharity
contained �n the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners
and Occ�spants thereof, sha?1 aIso be s�hje�t to an� benefited by a r.en-exclusive easement in
favor of the other �inits, the Common �,lernents, and the Association for all such utilities, �-�"
services, fire control systems, and other common operating systems. Utilities and related
services or systems shall he installed, used, maintained, and repaired so as not to interfere with ,
the use and quiet enjoymeni of the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Building, the Units,or the Common£]ement imgrovements. �
•
12.2 Encroachrnents. Each Unit and the Common Elements, and the rights of the ��
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of the Property, for improvements which are added in •
compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shall exist for the encraachment, for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Irnprovements 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 long as the encroachment exists and shall not affect the marketability of title.
123 Structural Support Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in all walis,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
I Z.4 Access. Each Unit shall be the beneficiary of a nonexclusive easernent far access ,
to and from public roadways and walkways on and across those portions of the Comrnon
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or otherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and 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 County Recorder in and for Hennepin County, 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. Revlacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, repiacement, and
reconstruction of the Common Elements, the Units, and other improvements located wiihin the
MPLS-Word 95261.1 I 28
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Units, and the utilities serving the Units, to the exteni necessary for the Association to fulfill its -
obligations under the Governing Documents or for Declarant to investigate or undertake its
warranty Qbligations. Each Owner shall afford to the Association and its management age ts
. and employees, access at reasonable times and upon reasonable notice, to and thrflugh e
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, a d
- replacement; provided, that access to the Unit and its �,irnited Common Elements may be d
- without nqtice and at any time in case of emergency. '
12.6 Public Safetv and Health Access. There are nonexciusive easements in favor of
' the City and other applicable governmental authorities or agencies as shall frorn time to ti e
have juris�3iction over the Property, on and across drives, walkways, parking areas, and ot er
open spacle areas of the Property for reasonable access to perform such duties related to I w
enforcement, fire protection, life safety, heaith, and sanitation as are reasonably required fr m
time to time. Such easements shall include access through and into the affected Units a d �
Limited Cpmmon Elements in the.case of an emergency. � �
12.7 Emer�ency Access. In case of emergency or perceived threat to public health r
safety, all Units and Limited Common Elements are subject to an easement in favor of t e
Associatiqn for access, without notice and at any time, by an officer or member of the Board, y
the Assoclation's management agents,or by any public safety personnel. The Board may reqa' e
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choice, r
with the Association, and.to advise the Association's management agent or the Board of t e
Locations pf the keys, so as to allow access for emergencies when the Owner or Occupant is
absent frorn the Property for extended periods.
12.8 Recorded Easements. The Property shall be subject to such other easements �
may be re�orded against it or otherwise shown on the Plat. Any recorded easement benefiting r
burdening'the Property shall be construed in a manner consistent with, and not in conf7ict wi ,
the easements created by this Declaration. Such recorded easements include,but are not limit d
to, that certain Declaration of Easements, Restrictions and Covenants for Stonebay recorded n
the office �f the County Rec�rder in and for Hennepin County, Minnesota, on July 29, 2004, s
Document No. 8406752. Pursuant to that Declaration of Easernents, Restrictions and Covenan s,
the �ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lyi g
within the Common Elements.
12.I�9 Drainage Easements. The Common Elements shall be subject to nonexclusi e
easements for storm water drainage in favor of Ehe Owners and Occupants for reasonable sto
water drainage, and other normal site drainage, over those parts of the Common EEements whi h
may be de�igned, improved,or graded for such purposes. '
� 12.10 Use and Enjoyment Easements. There are nanexclusive easement� in favor of t e
Owners and Occupants of the Units for use and enjoyment on and across the Common Element ,
and for ex�Clusive use and enjoyment of any Limited Common Elements allocated to the Un t,
subject to any restrictions authorized by, or set forth in, the Goveming Documents or the Rul s
and Regulations. .
MPLS-Word 95281.1 I ' 29
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� 12.11 Declarant Ri�hts and Easements. The Units and the Common Elements are �
subject to exclusive easements and rights in favor of�eclarant for the exercise of its declarant
rights as described in the Governing Docvments, and far the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafrer to review the condition of the !
Property and Building systems and to detecmine whether Unit and 8uilding maintenance .
requirements are being followed.
12.12 Duration, Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shail run with the land uniess otherwise expressly indicated,
and shatl be subject to the following qualifications:
12.12.1 T'he easements snalI supplement and not limit any easements described
i elsewhere in this Declaration or any other recorded instrument.
I
� i2.122 The easements shall be subject to reasonable regulation by the
! Association and shall be subject to such reasonable limitations as�to location and routing
as may be established by the Association or any govemmental auihority.
12.12.3 The easements shall include reasonabie access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
imgrovements ]ocated thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting or
. burdening .the Property, or any equipment or improvements relating to the easement,
subject to this Declaration and the right of the Association to impose reasonable Rules
and Regulations governing the use of the Property. '
12_12.5 No improvements shall be erected or maintained, no excavation, .
grading or reshaping�shall be undertaken; and no fill or 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 irnpede the intended flow of water
through any drainage easement area.
12.12.6 Persans exercising easement rights shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) prompily repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail c�sts incurred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and {iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easernent
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Declarant no ]onger owns a Unit.
12.]2.8 No grant, dedication, or creation of an easement under this Declaration
sha]] constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Common Elements be and remain priyate property
MPLS-Word 95281.l l 3�
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subject to operation and regulation by the Association, and ihat the Units be and rem in "
private property subject to operation and regulation by th� respective Owners ther of
ar�d/or the Association,as applicable, a11 in compliance with the Governing Documents
; 12.13 Restriction on Third Partv Easement Grants. Except for Deciarant in the exere se
� of its righ s under this Declaration, and except for the Board in the exercise of authority grant d
by the �overning Documents, no Person shall create, grant, or convey any easement r
comparabde rights �pon any port�on of the Property without the prior written approvaf of t e
Board;pr�vided, that the Board shall authorize an Owner to grant an easement over the Owne 's
Unit if(i) the easement will not adversely affect the Common Elements ar another Unit and (i)
the easement is consistent with the overall design and plan for the Property as established y
Declarant'and approved by the City_
�
12.14 Continuation and Scove of Easements. Notwithstanding anything in t is "
. Declaration to the contrary, no Owner or Occupant sha11 be denied reasonable access to his r
her Unit or the right to utility services thereto. The easements set forth in this Section 12�sh ]t
supp3eme�t and not limit any easements described elsewhere in this Declaration or recarded,a d
shall incl�de reasonable access to the easement areas through the Units and the Comm n
Elements for purposes of maintenance, repair, replacement, and reconstruction. All easeme t
rights sha�l include a right of reasonable access to maintain, repair, and replace the utiliry lin s
and related equipment.
i S�CTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in t e
. Property, shall be governed by and camply with the provisions of the Act, the Governi g
DocumenUs, and the Rules and Regulations, and such amendments thereto as may be made fra
time to time, and the decisions of the Association_ A failure. to comply shall entitle t e �
Association to the relief set forth in this Section, in addition to the rights and remedies authoriz d
elsewhere�by the Governing Documents and the Act.
13.,1 Entitlement to Relief. The Association may commence legal action to recov r
sums due; for damages, for injunctive relief or to foreclose a lien owned by �it, or a y .
combination thereof,or an action for any other relief authorized by the Governing Documents r
available �t law or in equity. Le�al relief may be sought by the Association against any Owne , '
or by an l7wner against the Association ar another Owner, to enforce compliance with t e
Governing Documents,xhe Rules and Regulations, the Act, or the decisions af the Associatio .
However,{�o Owner may withhold any Assessments payable to the Association,or take(or omi }
other action in violation of the Governing Documents,the Rules and Regulations,or the Act, as
measure to enforce such Owner's position, or for any other reason.
13.� Remedies. In addition ta any other remedies or sanctions, expressed or implie ,
administraGive or legal, the Association shall have the right, but not the obligation, to impleme t
any one or rnore of the following actions against Owners and Occupants andlor their guests,wh
violate the provisions of the Governing Docuinents, the Rutes and Regulations, or the Act: '
� MPL$-Word 95281.11 3 I '
_ i
. 13.2.1 Commence legal action for darnages or equitable relief in any court of �
� competent jurisdiction.
13.22 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
following the month for which the Assessment or installment was due.
13.2.3 In the event of default of more than thirty days in the payment of any
Assessment or instailment thereof, al� remaining insfallments of Assessments assessed
against the Unit owned by the defaulting Owner may be'accelerated and shall then be
payable in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shail be given to the defaulting Owner_�
t 3.2.4 [mpose reasonable fines, penalties, or charges far each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
ComTr►on 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 svspensions shall be limited to periods of default by
; such Owners and Occupants in their obiigations under the Governing Documents,and for
up to thirty days thereafter, for each violation. ,
13.2.6 Restore any portions of any Common Elemenks,Unit,or Limited Corrunon
Elements dama�ed or altered, or allowed to be damaged or altered, by any Owner or �
Qccupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out its authority under this Section 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 �
materially affects,or is likely to materially affect in the near future, the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense of the offending Owner or Occupant, any 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 rnay
be altered or removed only pursuant to a court order or with the agreerrzent of the Owner.
, The Association shall have an easement ta carry out its authority under this Section
13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Governing
Docutnents or under law, in the�nanner provided by the Act_
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
MPL.S-R'ord 9523 L l I 32
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offending Owner, grant to the offending Owner a hearing as contemplated by the Act and �t is �
Section 13.3. The hearing may be held before the Soard or a committee of three or m re
disinterested Owners appointed by the Board_ The offending Owner shaIl be given notice of he .
nature of the violation and the right to a hearing, and at least ten days wiihin which to reque a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of
receipt of the hearing request �y the Board/committee, and �xitk at least ten days prior wri en
notice to I,the offending Owner_ If the afiending Owner faiis to request, or to appear at, he
hearing, then the right to a hearng shall be waived and the Board/committee may take s ch
action as it deems appropriate. Hearings shall be conducted in a fair and equitabie manner. tse
decision of the Board/committee and the rules for the conduct of hearings established by e
Board/committee, shall be final and binding on ali parties. The Board's/committee's decisipn
shall be delivered in writing to the offending Owner within ten days following.the hearing, if ot I
delivered to the offender at the hearing. �4ny fines to be imposed by the Association may, at e �
Board's/Committee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, expens s,
penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner or
Occupant against whom the same are imposed and the personal obligation of such Owner in e
same mariner and with the same priority and effect as Assessments under Section 6. The li n
sha31 attach as of the date of imposition of the remedy, but shall not be finai as to violations or
which a hearing is held until the Board makes a written decision at or following the hearing. 11
' remedies Shall be cumulative, and the exercise of, or failure to exercise, any remedy shal] not e
deemed a,�vaiver of the Association's right to pursue any other remedy. .
13.5 Costs of Proceeding and Attornevs' Fees. With respect to any eollecti n �
measures, or any measures or actian, legal, administrative, or otherwise, which the Associati n
takes to enforce the provisions of the Act, the Governing Documents, or the Rules a d
Regulations, whether or not finally determined by a court or arbitrator, the Association m y �
assess the Unit owned by the violator with any expenses incurred in connection with su h
enforcement, including without limitation fines or charges previously imposed by t e .
Associatiqn, reasonable attomeys' fees, and interest (at the highest rate aliowed by law) on t e
delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collectior� r
contingency fees or costs charged to the Association by a collection agency or other Pers n
acting on behalf of the Association in collecting any delinquent atnounts owed to the Associati n
by an �w!ner or Occupant. Such collection or contingency fees or costs shall be the perso al
obligation of the Owner and shall be a lien agains[the Owner's Unit.
]3,6 Liabilitv for Acts of Owners and Occupants. An Owner shall be liable for t e
expense o�'any maintenance, repair, or replacement of the Property rendered necessary by su h
Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the exte t
that such expense is not covered by the proceeds of insurance carried by the Association or su h
Owner or Occupant. However, any insurance deductible amount and/or increase in insuran e
rates, res�plting from the Owner's acts or omissions may be assessed against the Own r
responsible for the condition and against his or her Unit.
MPLS-Word 9S281.11 33
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- 13.7 Enforcement b�wners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Dacuments,
the Rules and Regulations,and the Act, as pmvided therein.
13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
• Association may nat commence any judicial or administrative action on behatf of the Owners
� (other than an action commenced to enforce the Governing Docnmznts or the Rules and
Reb iatioris, or to defend the Association), without frst Qbtaining th� affirmative vate of the
Owners to which are allocated at least sixty-seven percent of the votss in the Association, in
pei-son or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or hy
written ballot.
ISECTIUN 14
AMENDMENTS �
I
14.1 Anproval Requirements. Except for amendments by Declarant pursuant to
Section lb, this Declaration may be amended only by the approval o€:
14.1.1 The Board; and
14.1.2 The Owners of Units to��hich are allocated at least sixty-seven percent of
the total votes in ihe Association,except as otherwise provided by the Act;and
14_1.3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based ugon one vote per Unit
finance)as and if required by Section 15.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in writing. Any amendment shall be subject to any greater
requirements imposed hy the Act. The amendment shail be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or consents, shall be adequate evidence
thereof for a!1 purposes, including without iimitation;the recording of the amendment.
SECTION 15
RIGHTS OF ELIGIBLE MORTCACEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligible Mortgagees shall have the following rights and protections:
I5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section 15,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
I
MPCS-Word 95281.1 I 34 .
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provision governing the following: (i) voting rights; (ii) increases in an annual Assessmen of '
more than twenty-five percent over the prior year's annual Assessment; (iii)Assessment liens or
priority a,f Assessment liens; (iv} reductions in reserves for maintenance, repair and replacem nt
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reaflocation of
interests in the Common Elements or Limited Common Etements, or rights to their use; ( ii)
redefinition of any Unit boundaries; (viii) convertibility of Uniis into Camrnon Elements or v'ce
versa; (i�) expansion or contraction of the Properiy or the addition, annexation or withdrawa of
property ta or frorn the Property; (x) hazard or fidelity insurance requirements; (xi) impositio of
material restrictions on the leasing of Units; (xii} imposition of any restrictions on an Own r's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property {after a haz rd
damage or partial condemnation) in a manner other than that specifed in the Govern ng
Documerits; (xiv} any action to terminate the legal status of the CondQminiurn after substan ial
destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligi le
Mortgagees,or insurers or guarantors of mortgages.
i '
1�.Z Consent to Certain Actions. Subject to Declarant's rights under Section, e
written consent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units t at
are subject to first mortgages held by Eligible Mortgagees {hased upon one vote per nit
financed� shall be required to (i) abandon or terminate the Condominium; {ii) change e
allocations of voting rights,Common Expense obligations or interests in the Common Eleme ts;
(iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, partiti n,
subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds for
other than the repair,replacement or reconstruction of the Property, except as otherwise provi ed
by law. '
153 Consent to Subdivision. No Unit may be partitioned or'subdivided without he
prior wri�ten 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 into possession of a Unit by foreclos re
of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the rst
mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any ot er
charges or liens imposed against the Unit by the Association which have accrued against s ch
Unit pridr to the acquisition of possession of the Unit by said Person; {i) except as pravide in
Section b.9 and the Act and (ii} except that any unreimbursed Assessments or charges may be
reallocated 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 wh'ch
may became liens prior to the first mortgage under state law shall relate only to the indivi al
Uniu and not to the Property as a whale.
i 15.7 Prioritv for Condemnation Awards. No provision of the Governing Docum nts
shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of he
Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceed or
condemn�ation awards for losses to or a taking of the Unit and/or the Common Elements. he
MPLS-Word 95281.i 1 35
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' Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent '
domain proceeding affecting the Praperty promptly upon receipt of notice from the condemning
authority.
15.8 ReQuirements for Mana ement AQreements. T7�e term of any agreement for
� . professional management of the Property shall not exceed two years. Any such agree�ent shall '
prcvide for terminatian withaat pena]ty ;,: terminatian 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)without cause,uoon a minimum of sixty days priar written notice. _
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutiona]
insurer or guarantor of a mortgage Ioan against a Unit, shall have the right to examine the books
and records of the Association upon reasonable notice, during aormal business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other I
financial statements. Financial statements, including thase 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
reGuire that, at its own expense, an audii of the Association's financial statements be made for
the preceding year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Natice Reauirements. Upon written request to the Association, identifying the
' name and address oF the holder, insurer or`guarantor of a mortgage on a Unit, and the Unit
number or address,the holder,insurer or guarantor shall be entitled to timely written notice of:
I 5,10.1 a condemnation loss or any casualty]oss which affects a material portion
of the Property or the Unit securing the mortgage;
� 15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 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 RIGHTS
Declarant hereby reserves exclusive and vnconditional authority to exercise the following
special Declarant rights within the meaning of Section S 15B.1-]03(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
1 b.l Comolete Irnprovements. To complete each Building, Unit, and ather
Iimprovements indicated on the Plat, or otherwise included in Declarant's development plans or
MPLS-Word 9528I.1 i 3b
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allowed by this Dec}aration, and to make improvements in the Units and Common Eiemen to �
accommodate the exercise of any special declarant rights.
]6.2 Rights to Relocate Boundaries, Subdivide, Convert or Combine Units. T {i)
relocate the boundaries of any Unit owned by it, or (ii) create additional Units, Co on
Elements, and Limited Common Elements, or any combination thereof, by the subdivis on,
partition, conversion, or combining of any Unit or Unifs owned by it, as authorized by the ct.
The maximum number of additionai Units that may be created within the Cen�ominium purs ant
to this Se�tion 16.2 is 5.
ib.3 Sales Facilities. To construct, operate, and maintain one or more than one m del
Unit, and other development, sales, and rental facilities within the Common Elements, nd
within any Units owned or leased by Declarant from time to tirne, located anywhere on the .
Property.
1¢.4 Signs. To erect and maintain signs and other sales displays offering the Units for
sale or lease,wrthin any Unit owned by Declarant and on the Common Elements.
16.5 Easements. To have and use easements, for Declarant, Declarant's employ es,
contractairs, representatives, and agents and praspective purchasers, through and over he
Common Elements for the purpose of exercising its special declarant rights. �
16.6 Control of Association: To control the aperation and administratian of the
Associati,on, including without limitation the power to appoint and remove the members of he
Board pu�suant to Section S 158.3-103 of the Act, until the earliest of: (i) voluntary surrende of �
control by Declarant, (ii) an Association meeting whi�h shal] be held within sixty days a ter
conveyance to Owners other than Declarant of seventy-five percent of the total number of U its
authorized to be included in the Property, or (iii) the date three years following the date of he
.first conveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, he
Owners other than Declarant shall have the right to nominate and elect not tess than thirty-th ee �
and one-third percent of the directors at a meeting of the Owners which shall be held within si ty
days following the conveyance by Declarant of fifty percent of the total number of U its I
authorized to be included in the Property. �
16.7 Consent to Certain Arnendments. Declarant's written consent sha}1 be requi ed
for any amendment to the Governir►g Documents or the Rules and Regulations which directl or
indirecd�affects Declarant's rights under the Governing Documents or the Act. �
SECTION 17
MISCELLANEOUS
l 7.t . Severabilitv. lf any term, covenant, or provision of this instrument or any exhi it
attached hereto is held to be invalid or unenforceable for any reason whatsoever, s ch
determinaition shall not be deemed to alter, affect, or impair in any manner whatsoever any ot er
portion of this Declaration or exhibits attached hereto. �
17.2 Construction. Where applicable, the masculine gender of any word used her in
shall me 'n the feminine or neutral gender, or vice versa, and the singular of any word u d
herein sh�ll rnean the plural, or vice versa. fteferences to the Act, or any sections thereof, sh 11
MPLS-Word 9�5281.11 37
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� � be deemed to inciude any statutes amending or replacing the Act, and the comparable sections "
thereof.
17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to_a demand by the Association against Declarant for indemnification pursuant to the
Act, the Association shall promptly tender the defense of the action to its insurance carrier, and .
give Dectarant (i) written notice af such tender, (ii} written natice oi the specific nature of the
action,and(iii)an opporivnity to defend against the action.
17.4 Notices. Unless specifically pravided otherwise in the Governing Documents or
the Act, all 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 mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
17S Conflicts Amons Documents. In the event of any conflict among the provisions �
of tfie Act, this Declaration, the Bylaws, and any Rules or Re�ulations, 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 Declaration shall be perpetual, subject only to termination as
provided in this Declaration and the Act.
1N WITNESS WHEREOF, the undersigned has execnted this instrument the day a �
year first set forth above.
O.C. D VEL
By
Its ie an er "
STATE OF MINNESOTA )
) ss. •
COUNTY OF oli►'t. )
� T'he foregoing instrument was acknowledged before rne tris��day of �v i
�'
2047, by Arnold A. Zachman, the Chief Manager of O.C. Developrnent LLC, a Mmnesota
limited liabiiity company,on behalf of said limited liability company.
�J c
No ublic
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON& VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis,Minnesota 55442 SCOTTLKRYNSKI . .
(612) 373-8418 ►3oT1�trPusuC-�ESOTA ,.;.
t�r c�►uss��s aa�.�,zoto �
MPLS-Word 95281.I l 38
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COMMON INTEREST COi11MUN1TY NO. 1578 ��
Condominium
STONEBAY OF ORONO CONDOMINIUM
� ��CI-;IB.�'A'I'�DE�LA�T�(�N �
UN➢ERLYING LEGAL�ESCRIPTION OF T�-IE PROPEI2'FY
Lot l,Block 1,Stonebay Second Addition, Hennepin County,Minnesota. ,
�
I
MPts-wa�d�s?B►.}i 39
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.� ..
COMMON INTEREST COMMUNITY NO.NO. 1578 ' �
Condominium
. STONEBAY OF ORONO CONDOMINIUM
�X�i16��' B TO D�CLARA'�'l�N
SCH►EI)ULE O�F U�IITS,AN�ALLQCATION OF�OMMON EXP�NSES AN�
UNDIVIDED INTERESTS IN THE COMMON ELEMEN7'S
Allocation of Common Expenses and
Unit Identifier Undivided lnterests in the Commfln Elements
�
101 �/5� I
]02 1/57
103 1/57 �
104 1/57
105 ]/57
]06 ]/57
107 1/57
108 1/57
109 1/57
110 1/57
111 1/5?
1 I2 1/57
113 1/S7
� 114 1/S7
1 I S 1/57
11b 1/S7
117 1/57
118 1i57
201 1/57 i
202 1/57 .
203 1/57
�04 1/57
205 • 1/57
?06 1�5�
207 1/57
208 I/57
209 1/57
210 1/57
211 1/57
2I2 1/57
MPLS-Word 95281.1 I 40
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� �
r '
� �� V
i
Allocation of Common Expenses and " ,
Unit'ldentifier Undivided Interests in the Common Elements i
' 213 l/57
214 1/57
� ' 215 1J57 .
� 21fi I/57
�17 ' 1/57 . I
,218 1/57 i
219 1/57 ,
'?2Q 1/57 �
301 1/57
!302 1/57
303 1/57
�3fl4 1/57
305 1/57
�30b 1/57 i
307 1/57
1308 1/57
,309 � tI57
310 . 1/57
'31 I 1/57
312 1/57 .
,3 l3 1/57
3 t 4 I/57
�315 ]/57
316 ' l/57
317 � 1/57
318 I/57
319 1/57 �
TOTAL: 57/5�{100%)
� ,
MPLS-Word 95�181.I I 41
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COMMON IN7'LRES'T CO�v1n1UNl'1'X NO.1V0. 1578
Cond��mi►iiuni '
STONEI3AY O1%ORONO CONU011-l.IVIUM
CONS�,NT B1' Mt3.R'7'GAuE� �
The undersigned (the "Markgagee") is a moctgagee of portions or'tl�e real property
described in the attached Declaration of Slonebay of Orono Condo�ninium (the "Declarati.on").
Mortgagee hereby consents to this Declaration; provided, thac by consenting to the Dectaration,
(i) Mort�agee does.not in any manner constitute itsell�or obligate ilself as a Declarant as defi��ed
in the Declaration, (ii) such consent does nol modify or �inend the tenns and conditions of ihe
Mortgagee's mortgage and related ioan documents, and (iii) such fnortbagc sliall rcmain as a lien
on the property described Lherein,prior to 1ny liens inzposed under the Declaratio��,ttntif released
or satisfied. �
I1J,(WITNESS WHERE F, the Mortgagee has c:aused this Consent to bc erecuted on
the U�= day of s� , 2007. .
N1A1NS7'REE'I' Iif1iVK
- , B
ES'
STATE OF MINNESOTA ) �
- ) ss. ,
COUNTY OF�7�' � )
� The foregoing instrument was acknow}eciged beFore me this -t e� day of .
�r�oQr, 2��7� by �iGt'/�'lCrlse.�- �f _ , t�]C �i�I� l//�P Of
Mainstreet Bank,1 Minnesota bank co moration,on bchalf oFsaid entit y. Pi+rr,�-
� � • �
=Notary Pub}ic .
T1-[lS 1NSTRUMENT WAS DRAFTED BY: !
Fredrick R. Krietzman, Esq. �
FELHABER, LA`RSON, FENLON & VOGT, P.A. SGOTZLKRYNSb
220 South Sixth,Suile 2200 NornRYPueuc-�rl�soTA
. MY COMMISSIOlJ EXP�S JAN.31,2010
Minneapolis, Minnesata 55402 � ,
(612)373-8413 •
.
M rts-wo.�t vszx r.i r 42
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i _ . � ..
• .
' COMMON INTEREST COMMUNITY NO.NO. 1578
Condominium
� STONEBAY OF ORONO CONDOMINIUM
' CONSEN'F BY MORT�AGEES •
The undersi�ed (#he "Ivlortgagees") are mortgagees of por#ions of tne reai prop rty .
described in the attached �eclaration of Stonebay of Qrono Condominium (the "Declaratio ").
Mortgagees hereby consent to this Declaration; provided, that by consenting to ihe Declarati n,
(i) Martgagees do not in any manner constitute themselves or obligate themselves as Declar nts
as defined in the Declaration, (ii) such consent does not modify or amend the terms nd
conditions of the Mortgagees' mortgage and related loan documents, and (iii) such mortg ge
shall remain as a lien an the properiy described therein, prior to any liens imposed under e
Declaration,until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on
the�day of I'��c�-�-c.s '�" ,2007.
� ,
I li �� .1
, ! Dave� h II
�'""! �
' Ra dy Koch I
STATE �F MINNESOTA ) .
) ss.
COUNTY OF O�� ��- )
The foregoing instrument was acknowledged before me this /7 f� day of
/��^��s �" ,2007,hy Dave Koch and Randy Koch,
�•�. ROBEATK9uSs
'�� • Nofary Pubic
- �`' 2ob�, � �. r3usf
�y�,,,,ti,�,�,� ��o Notary Public ,y, G 0
y .,.. �»��f� u
-c•f�.o r r es i1�% �-J! u
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick pC.Krietzman,Esq.
FELHA.B�R, LARSON, FENLON&VOGT, P.A. �
220 Southl Sixth, Suite 2200 I,
Minneapolis,Minnesota 55402
(612) 373!.841$ ,
MPLS-1Vord 9528I.1 I 43
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