HomeMy WebLinkAboutCondominium Declaration .- .. . . ._- , ---- ---i
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Doc No 907T550 12J20/2007 08:07 AM
Certified filed and or recorded on above date:
O�ce of the County Recorder '
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
' TranslD 363307 Deput 26
. . Fees
$35.5 DOC
$10.5�SUR
$45.5 PLT
S88 ''3'HB CIC PLAT FILED as $10.5a=I SUR
P�,FLT OF THZS DBCLARATLON $102.U0 Total
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TAXPAYEA SERVICES
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DEC I � 2Q07
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COMMON 1NTEREST COMMUNITY NO. 1578
Condominium ' �
STONEBAY OF ORONO CONDOMINIUM
' DECLARATION '
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' This Declaration is made in the county of ' , state of Minnesota, on �his
�� �d�y of. �'Lr�jvt S� , 2007, by O.C. Development LC, a Minnesota limited Iiabi ity
company {the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 51 $,
known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of
creating Stonebay of Orono Condominium as a condominium under the Act.
• WHEREAS,Declarant is the owner of certain real�property located in Hennepin Cou ty,
Minnesota, legally described in Exhihit A attached hereto, and Declarant desires to submit id
real property and all improvements thereon (collectively the "Property") to the Act a .
candominium,and
WHEREAS, Declarant desires to establish� on the Property a p9an for a perman nt
residential community to be owned, occupied, and operated for the use, hea{th, safe#y, nd
welfare of the Owners and Occupants, and for the purpose of preserving the value, the struct ai
. quality, and the original architecturat character of the Property,aad
WHEREAS, the Property(i) is not subject to a master association as defined in the t;
(ii} is npt subject to an ordinance referred to in Section 5!SB.I-I06 of [he Act, governi g
conversi�ns to common in#erest ownership; and{iii) does not include any shoreland as defined in
Minneso�a Statutes Section 103F.205. �
TIIHEREF�RE, Declarant subjecis the Property to this Declaration under the na�ne
"Stoneba of Orono Condominium," consisting of the Units referred to in Section 2, declari g
that this �eclaration shall constitute covenants to run with the Property, and that the Prope y
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shall be'owned, used, occupied, and conveyed subject to the covenants, restrictions, easem nts, �
charges� and liens set farth herein, all of which shalt be binding upon all Persons ownin or
acquiring any right, title, or interest therein, and their heirs,personal representatives, succes ors,
and assi�gns.
�� SECTION 1 _
� DEFINITIONS
The fol�owin�words when used in the Governing Documents shali have the foilowing mear�ings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter S�lSB, known as the Minn�sota
Common Interest Ownership Act,as amended.
1.2 "Assessments" means and refers to all assessments levied by the Associ tion
, pursuant to Section 6 and pursuant to the Act,including,but not limited to,a nual
assessments,special assessments,and limited assessments.
13 "Association" means the Stonebay of Orono Condominium Associatio�, a
' nonprofit corporation which has been created pursuant to Minnesota Sta tes
- Chapter 317A and Sectian S15B3-101 of the Act, whose members consist f all
Owners.
� 1.4 "Board" means the Board of Directors of the Association as provided for.i the
Bylaws.
. 1.5 "BuildinQ" means each structure which is or becomes a part of the Prope and
which contains at leas#one Unit_
l.6 "Bvlaws" means the Bytaws governing the operation of the Associatior�, as
amended from time to time. I
� 1.7 "Citv"means the city of Orono, Minnesota.
1.8 "Common Elements" rneans all parts of the Property except the Units, incl ing
all improvements thereon.
1.9 "Common Expenses" means all expenditures made or liabilities incurred by c�r on
behaif ofthe Association and incident to its operation, including Assessment�and
, items otherwise identified as Common Expenses in the Goveming Doc�ment�.
'1.10 "Condominium" means the condominium created by this Declaration and krjown
as Stonebay of Orono Condominiuzn. I
�1.!1 "Declarant Control Period" means.the time period during which Declarant ha the
exclusive right to appoint the members of the Baard,as described in Section 6.
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1.12 "Eli�ible Mort ag Qee" means any Person which owns a first mortgage on a Unit '
and which has requested in writing that the Association notify it regardin any
proposed action which requires approval by a specified percentage of Eli ibie
� Mortgagees.
;1.13 "Governin� Documents" means this Decl�ration, the Bylaws, and the Articl s of
' ]ncorporation of the Association, as those documents may be amended from time
to time,all of which shall govern the use and operation of the Property.
1.14 "Limited Common Elements"means a portion of the Common Elements allo ated
by this Deciaration or by operation of Section S 15B2-102(d) or(� of the A�t for
the exclusive use of one or more but fewer than all of the Un�ts. �
1.15 "Member"means a Person who is a member of the Association by virtue of I eing �
an Owner as defined in this Declaration. The words"Owner"and"Member'�may
be used interchangeably in the Governing Documents.
; 1.16 "Occupant"means a Person,other than an Owner, in possession of,or residi g in,
a Unit. , �
� 1.17 "Owner" means a Person who owns a Unit, but excluding a contract fo I deed
vendors,a moRgagee,a holder of a remainder interest or a reversionary inte�-est in
Ia life estate, and any other secured parties within the meaning of the Act. The
. term "Owner" includes, without limitation, a contract for �deed vendee, �and a
holder of a life.estate.
1.18 "Person" means a natural individual, a corporation, a limited liability com�any, a
partnership,a trustee,or other legal entity capable of holding title to real prc�perty.
; 1.19 "Plat" means one or more than one recorded plat depicting the Property p rsuant
to the requirements of Section S15B.2-I10(c) of the Act, and satisfyi g the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable,
including any amended or supplemental Plat recorded from time to t me in
accordance with the Act.
1.20 "Propertv" means all of the real property subjected to this Declaration, no�✓ or in
the future, including all structures and improvements located thereon� The
Property is legally described in Exhi.bit A attached hereto. I
l21 "Rules and Re�u3ations" means the Rules and Regulations of the Associ Ition as
approved from time to time p�rsuant to Section 5.6. � �
1.22 "Unit" means a part of the Property within a Building other than the C�mmon
, Elements, including one or more than one room or enclosed space desig ed and
intended for separate ownership and use, alt as described in Section 2 an�shown
on the PEat.
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`Che terr�s used in the Governing Documents, and defined in the Act and not in this Section, hall '
have th� meaning set forth in the Act. References to section numbers in this Declaration hall
refer ta$ections of this Declaration,unless otherwise indicated. ,
SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2�.1 nits. There are fifty-seven Units, subject to the right of Declarant to subdi ide
and conWert Units pursuant to Section i 6. A1] Units are restricted excl�sively to residential se.
Each Ur�it constitutes a separate parcel af real estate. No portion af a Unit shall be transferre or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's ri hts
pursuant to Section l6, no additional Units may be created by the subdivision or conversio of
Units pursuant to Section S 15B.2-112 of the Act. The Unit identifiers and locations of the nits
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Uni is
set forth'�in Exhibit B attached hereta '
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2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfini hed
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling tex re,
- tiles, floor coverings, and other finishing materials adhered to the interior of the Unit bound ies
shall be a part.of the Unit; provided, that any load bearing portions of any interior or perim ter
walls, cqlumns, ceilings, or floors, and any common utitity lines, pipes, ductwork, mechan' al,
electrica�, or plumbing systems, or other common facilities serving more than one Unit,'but ,
Iocated in or passing through a Unit, shall be Common Etements. The boundaries of each nit
� shall also extend alon�the inside unfinished surfaces of ihe Unit's perimeter doors and wind ws,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shal be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section nd
Section 3, a!I spaces, interior partitions, and other fixtures and improvements within the
boundari�s of a Unit are a part of the Unit. I
2.3 Appurtenant Easements. The Units and the Common E(ements shall be subje t to
� and benefited by the easements described in Section 12. i
SECTION 3 '
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I COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
' AND OTHER PR�PERTY
3.l Common Elements. The Common Elements, and their characteristics are as
. fo(lows:
3.1.1 AlI of the Property not included within the Units constitutes Com on
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat,�r in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements nd
restrictions as described in this Declaration and any other easements recorded against he
Cpmmon Elements; (ii) the rights of Owners and Occupants in Limited Com on
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Elements appurtenant to their respective Units; and {iii) the right af ti�e Associatia�n to . i
establish reasonable Rules and Regulations governing the use of the Property; i
3.1.3 Except as otherwise expressly provided in the Governing Document , (i)
no improvement, modification, construction, or change of the Common Elements hali
' take place by an Owner or Occupant without prior written authorization by the Boar and
- (ii) all maintenance,repair,replacement,improvement,management, and operation the
�ommon Elements shall be the responsibility of the Association;and
� , 3.1.4 Common Expenses for the maintenance, repair, replace I ent,
znanagement, and operation of the Common Elements shall be assessed and coll�cted
from the Owners in accordance with Section 6.
� 32 Limited Common Elements. The Limited Common Elements are those pa s of '
the Connmon Elements reserved for the exclusive use of the Owners and Occvpants of the �lnits �
to whiCh they are allocated, as described in this Declaration and the Act. The rights to th�e use
and en}oyment of the Limited Common Elements are automatically conveyed wit}� the .
conveyiance.of such Units. The Limited Common Elements are described and allocated �o the
Units as follows:
� 3.2.1 Those items or areas designated as Limited Common Elements on th� Plat
or by the Act are allocated as indicated therein. I
3.22 Improvements, if any, such as decks, patios, porches, balconies, sh tters,
awnings, perimeter windows and doors, window screens, window boxes, sleev s and
; fittings surrounding window air conditioning units, chimneys, driveways, alks,
doorsteps and stoops, constructed as part of the original construction to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to ction
7.]0, iocated whoily or partially outside the Unit boundaries,are allocated exclusi ely to
the Unit or Units which they serve_
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
installations, bearing walls, bearing columns, or any other components or fixture lying '
partially within and partially outside the boundaries of a Unit, and serving only th Unit,
. are allocated to the Unit which they serve. Any portion of such installations se ing or
affecting the function of more than one Unit or any portion of the Common Eleme ts is a
part of the Common Elements,but is not a Limited Common Eiement. ,
3.2.4 Heating, ventilating, or air conditioning equipment serving one o� more
than one Unit, and located wholly or partially outside the�oundaries of one or molre than
one Unit, are Limited Common Elements allocated to each Unit served b� such
, equipment.
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SECTION 4 � •
' ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS I
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Mernbership in the Association, and the allocation to each Unit of a portion of the�otes .
in the Association, a.portion of the Common Expenses, and a portion af the undivided int�rests .
in tne�ornmon Elements,shail be governed by the foilowing proyisions:
4.l Membership. Each Own�r shall be a Member solely by reason of owning a nit,
and the membership shall be transferred with the conveyance of the Owner's interest in the nit.
An Owner's membership shall terminate when the 4wner's ownership terminates. When ore
than one Person is an Owner of a Unit,al! such Persons shall be members of the Associatio ,but . '
rnultipie ownership of a Unit shall not increase the voting rights allocated to�such Un�t nor �
authorize the division of the voting rights. i '
4.2 Allocation. of Votin Ri hts Common Ex enses and Undivided Int rests. �
Common Expense obligations and undivided interests in the Common Elements are all ated ;
equally among the Units, subject to the Association's right to tevy limited Assessments under i
Sectia�ns 6.4. Each Unit shall have one vote with respect to matters in which the Own�rs are
entitlad to vote. �
. 43 Appurtenant Rights and Obli�ations. The ownership of a Unit shall inclu e the
. votinp rights and Common Expense obligations described in Section 4.2. Said righ s and
, obligations, and the title to the Units, shall not be separated or conveyed separately, a d any
conveyance, encumbrance, judicial sale or other transfer of any allocated in#erest in Unit, �
separate from the titie to the Unit shali be void. The allocation of the rights and obii ations
described in this Section may not be changed, except in accordance with the Go erning
Docu,ments and the Act. ' i
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act a� proxy !
on behalf of the Owner,and who need not be an Owner, may cast the vote altocated to su�h Unit
at m�etings of the Association. However, if there_are multiple Owners of a Unit,only the IOwner
or ot�er Person designated pursuant to the provisions of the Bylaws may cast such vot�. The
votiq'g rights of Owners are more fully described in Section 3 of the Bylaws. �
SECTION 5 �
ADMINISTRATION
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The administration and operation of the Association and the Property, including, but not
limited ta, the acts required af the Association, shall be governed by the following provis�ons:
5.l General. The operation and administration of the Association and the roperty
shai� be governed by the Governing Documents, the Rules and Regulations, and the A t. The
Assbciation shall, subject to the rights of the Owners set forth in the Goveming Docurn nts and
the ;Act, be responsible for the operation, management, and control of the Prope . The
Ass�ociation shall have all powers described in the Governing Documents,the Act and t e statute
- under which the Associatian is incorporated. All power and authority of the Associatio shall be
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' vested in the Soard, unless action ar approval by the individual Owners is specifically requi ed -
by the Goveming Documents or the Act. All references to the Association shall mean he
Associatvon acting through the Board,unless specifically stated to the contrary.
5.2 Oaerational Purposes_ The Association shall aperate and manage the Property or
the purposes of{i) administering and enforcing the covenants, restrictions, easements, char s,
and liens'set forth in the Governing Documents and the Rules and Regulations, (ii)maintaini g,
repairing� and replacing those portions of the Property and ather property for w�ich it is
responsih}le, and {iii) preservin� the value, and the architectural uniformity and character, of he
Property_'
5.3 Bindin� Effect of Actions. All agreements and determinations made by e
Association in accordance with the powers and voting rights established by the Governi g
Documents or the Act shall be binding upon all Owners and Occupants,and their lessees, gue ts,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in e
Act. �I
5.4 Bvlaws. The Association sha11 have Bylaws. The Bylaws shall govern Ihe
operation and administration of the Association, and shail be binding on all Owners d
Occupants.
5.5 Mana�?ement. The Board may delegate to a manager or managing agent e
managerr�ent duties imposed upon the Association's offcers and directors by the Governi�g
Documents and the Act. Hawever,such delegaEion shall not relieve the officers and directors of
the ultimate responsibility for the performance of their duties as pcescribed by the Governi g
Documents and by law.
� S.b Rules and Regulations. The Board shall have exclusive authority to approve a d
implemer�t such reasonable Rules and Regulations as it deems necessary from time to time or
the purpdse of operating and administering the affairs of the Association and.regulating the �se
of the Property; provided, that the Rules and Regulations shall not be inconsistent with e
Governing Documents or the Act. The inclusion in other parts of the Governing Documents of
authority to approve Rules and Regulations shall be deemed to be in furtherance, and not in
li;nitation,of the authority granted by this Secti�n. New or amended Rules and Regulations sh 11
be effectiye only after reasonable notice thereof has been given ta the Owners.
5.'7 Association Assets; Surqlus Funds. All funds and real or personal prope I y
acquired by the Association shall be held and used for the benefit of the Owners for the purpo s
� stated in the Goveming Documents. Surplus funds rernaining aFter payment of or provision r
Common Expenses and reserves shall be credited against future Assessments or added to
reserves,as determined by the Board.
5. Resale Disclosure Certifcates. 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
purchased,a resale disclosure certif cate containing the information required by Section S 15B. -
107(b) of lhe Act. Pursuant to Section S 15B.4-107(d) of the Act, the Association shail, within
ten days (or within such other relevant timeframe set forth in the Act) after a request by n
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Owner'or the Owner's authorized representative, furnish the resale disclosure certificate.�The .
Association may charge a reasonable fee for furnishing the resale disclosure certificate an any
documgnts related thereto. I
SECTION b i
ASSESSMENT� I
� ;6.1 General. Assessmenis shall be determined and assessed against [he Units y the •
Board, in its discretion,subject to the requirements and procedu�es set forth in this Section and
the Bylaws. Assessments shatl include annuai Assessments under Section 6.2, and may i clude
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annu l and
special Assessments shall be allocated among the Units in accordance with the allo ation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shal! be alloc ed to i
Units�s set forth in that Section.
; 6.2 Annual Assessments. Annuai Assessments shall be established and levied py the
BoardP subject to the limitations set forth hereafter. Each annual Assessment shall cove all of
the anticipated Common Expenses of the Association for that year which are to be shared�qually
. by a1l;Units in accordance with the allocation set forth in Section 42. Annual Assessmen s shall
be payable in equal monthly or quarterly installments, as determined by the Board. nnual
Asses6ments shall provide, among other things, for an adequate reserve fund for the repla ement
of thase parts of the Common Elements and those parts of the Units for which the Associ tion is
responsible,except to the extent that the replacement is funded by limited Assessments p rsuant
to Secdon 6.4. Until the first annual` Assessment is levied, Declarant shali pay all C�mmon
Expenses.
6.3 Special Assessments. In addition to annual Assessments, and subject�to the •
limit�tions set forth hereafter, the Board may levy in any Assessment year a special Ass ssment
agairlst all Units in accordance with the allocation set forth in Section 4.2. Among other�things,
special Assessments sha1J be used for the pucpose of defraying in whole or in part (i) thelcost of
any ;unforeseen and unhudgeted Common Expense, (ii) general or specific reser�es for
main'tenance, 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 there�to.
6.4 Limited Assessments. In addition to annual Assessments and j special
Assessments,the Board has the authority to(and, in certain instances set forth in this Sec ion 6.4,
shal�) levy and allocate limited Assessments among only certain Units in accordance ith the
following requirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, re air, or
replacement of a Limited Common Element shall be assessed exclusivety agai�ist each
' ; Un�t or Units to which ihat Limited Common Element is assigned, equally or byl the cost
per Unit. �
; 6.4.2 Any Common Expense benefiting fewer than all of the Units, ma�y, 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 Boar has -
the authority to (and, in certain instances set forth in this Section 6.4, shall) levy and
' alllocate iimited Assessments among only certain Units in accordance with the follo ing
requirements and procedures.
. b.4.4 The costs of insurance may be assessed in proportion of the square foo age
ar actuat cost�er Unit. '
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I b.4.5 Reasonable attorneys' fees and other costs incurred by the Associatio in
; connection with (i) the callection of Assessments and (ii) the enfarcement of the
Caverning Documents, the Act, or the Rules and Regulatiflns, against an Owne or
Gccupant or their tenants or guests,may be assessed against t'he Owner's Unit.
6.4.6 Late charges, .fines,� and interest may be assessed as provided in
S�ection 14.
6.4.7 Assessments levied under Section S15B.3-11b{a) of the Act to pa a
judgment against the Association may be levied only against the Units existing at the
ti[ne the judgment was entered,in proportion to their Common Expense liabilities.
6.4.8 [f any damage to the.Common Elements or another Unit is caused by the
act or omission of any Owner or Occupant, or their guests•or invitees, the Associa ion
� rr�ay assess ihe costs of repairing the damage, or any increase in insurance rates dire tly
atttributable to the Act or omission,exclusively against the Owiaer's Unit to the extent hat
- the damage is not covered by insurance.
I 6.4.9 If Common Expense liabilities are reallocated for any purpose authori ed
by the Acf, Assessments and any installment thereof not yet due shall be recalculate in.
accordance wiih the reallacated Common Expense liabilities
Assessm�nts levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, be
assessed as a part of,or in addition to,other Assessments levied under SeGtion 6.1 or 6.2: �
� 6.5 Workine Capital-Fund. There shall be established a working capital fund to et • '
unforese�n expenditures or to purchase additionat equipment or services for the Associati n. �
The Boa�-d may include in each subsequent annual budget a reasonable amount of work ng
capital,based upon the anticipated needs of the Association for the year in question. There s all
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each nit
by Decla�ant, an amount equa( to four monthly installments of the estimated annual Assessm nt
for the Unit in the year of the sale. The contribution shall be paid at the earlier of(i)the time of
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Period. he
contributions to this fund are in addition to the regular installments of annual Assessments, d
shal! not', be a credit to the regular installments of annual Assessments levied against he
respectiv� Unit. The funds shall be deposited into a s�gregated Association account no later an
the termination of the Declarant Control Period. Funds deposited in said account shall not be
used to defray any of Declarant's expenses, reseive contributions or construction costs, nor to
make up �ny budget deficits during the Declarant Control Period. However, upon the closing of
the initial'sale of a Unit, Declarant may reimburse itself from funds coElected from the purcha er
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at the closing for any prior contributions made by Declarant to the working capita! fund with •
respect to that Unit. j
5.b Liability of Owners for Assessments. Subject to Section 6.7,the obligation 0f an
Owner to pay Assessments shall commence at the later of (i) the time at which the O er
� acquireS titie to the Unit or(ii) the dne date of the first Assessment levied against the Unit b the
Board. The Owner at the time an Assessment is payable with respect to the Unit sh t be
personally liable for the share of the Common Expenses assessed against such Unit. uch
liability shall be joint and several where there are mqltiple Owners of the Unit. The liabil ty is
absoluUe and unconditional. No Owner is exempt from liabitity for payrnent of Assessme ts by.
right o�'set-off, by waiver of use or enjoyment of any part of th� Property, hy absence fr m or
abandanment of the Unit, by the waiver of any other rights, or by reason of any claim a ainst
Declarant, the Association, or the Association's officers, directors, or agents, or for their f ilure
to fulfill any duties under the Governing Documents or the Act. I �
'6.7 Declarant's Alternative Assessment Program.. The following alter�ative
Assessment program is established pursuant to Section 515B.3-115(a)of the Act. �
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6.7.1 Notwithstanding anything to the contrary in the Goveming Docume ts, if
an Assessment has been:levied, Declarant may e]ect to have any unsold Unit owne�by it
� assessed at the rate of twenty-five percent of the Assessments (exclusive of replac ment
reserves) levied on that Unit and other Units of the same type until a final certific�ate of
occupancy or comparable City approval has been issued with respect to such Unit�y the
City. �
b.7.2 The provisions of Section 6.7.1 shall not affect the share of repla ement
reserves for Units owned by Declarant, which reserves must be funded by Decla ant as
� required by Section S15B.3-1I5 of the Act. However, there are no assuranc�s that
Declarant's reduced Assessment obligations will not affect the level of services fo other
items set forth in the Association's budget. I
6.73 Declarant's reduced assessment obligation shall apply to each Unit owned
by Declarant at the tirne that any Assessment is levied against the Unit, an�3 shall
terminate with respect to each such Unit upon the issuance of a final certifi�ate of
occupancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to,j within
sixty days following the termination of the Declarant Control Period, to make lup any
operating deficit incurred by the Association durin�the Declarant Controi Period.i
' b.8 Assessment Lien. The Association has a lien an a Unit for any Assessme t levied
agaii�st that Unit from the time the Assessment becomes due. If an Assessment is pa able in
inst�'llments, the full amount of the Assessment is a lien from the time the first ins allment
ther�of becomes due. Fees, charges, late charges, Fines, and interest charges impose hy the
Assc�ciation pursuant to Section S15B.3-102(a){10), (11), and (12) of the Act are liens, and are
enfa'rceable as Assessments, under this Section 6. Recording of this Declaration co stitutes
recard notice and perfection of any lien under this Section 6, and no further recordatio of any
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notice of or claim for Che �ien is required. The release of the lien shall not release the O�vner _
from pe,rsonai liability unless agreed to in wfiting hy the Association.
t5.9 Foreclosure of Lien; Remedies. A lien for Assessments may be forec�osed
against a Unit under the taws of the state of Minnesota(i)by action,or(ii)by advertisemen in a .
leke manner as a mortgage.containing a power of sale. The Association, or its autho 'zed
r�pr�sentatit�e, sha!! have the power to bid in at the foreclosure sale and to acquire, hold, ease,
mortgage, and convey any Unit so acquired. The Owner and any other Person claimi g an
interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants t the
Associ�tion a power of sate and full authority to accomplish the foreciosure. The Assoc atian
� shall, ih addition to its other remedies, have the right to pursue any other remedy at lawl or in
equity against the Owner who fails to pay any Assessment.or charge against the Unit. i
6.10 Lien Prioritv; Foreclosure. A iien for Assessments is prior to all other lie s and
encumbrances on a Unit except(i} liens and encumbrances recorded before this Declarati n, (ii)
any fi'rst mortgage on the Unit, and (iii) liens for real estate taxes and other gove ental �
Asses�ments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mo gage
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recor ing of
, this D�eclaration,and{iii) the Owner of the Unit does not redeem from the foreclosure duri g the
� Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 58 , then
! the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage sh }1 take �
title tio the Unit subject fo a lien in favor of the Association for unpaid Assessm nts or
installments thereof levied pursuant to Sections S I SB.3-i l5(a), {e)(1) to (3), (�, and (i) of the
� Act rvfiich became due, without acceleration, during the six months immediately preced ng the
first c�ay following the end of the Owner's period of redernption.
6.13 Real Estate Taxes and Assessments. Real estate taxes, special assessmer�ts, and
�ather charges and fees which would normatly be tevied against the Common Eiem nts by
govemmenta! authorities, shall be allocated equally among and levied against the Un ts, and
shall be a lien against each Unit in t4ie same manner as a lien for real estate taxes and r 1 estate
special assessments levied against the Unit alone. �
6.12 Voluntarv Convevances; Statemertt of Assessments. In a voluntary con�eyance �
af a Unit the buyer shall not be personally liable for any unpaid Assessrnents and other Icharges �
made by the Association against the seller or the seller's Unit prior to the tirne of conve ance to
� the lpuyer, unless expressly assumed by the buyer. However, the lien of such Assessme ts sha11
rem�in against the Unit until released. Any seller or buyer shall be entitled to a state ent, IC1
recardable form, from the Association setting forth the amount of the unpaid Ass ssments
agai�st the Unit, including all Assessments payable in the Association's cvrrent fis al year,
whiclz statement shall be binding on the Association, the seller,and the bnyer.
SECTION 7
RESTRICTIONS Oi�i tJSE OF PROPERTY
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All Owners and Occupants,and ail secured parties, by their acceptance or assert�on of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in a dition to
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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 t� the
followipg restrictions and conditions: I
7.1 General. The Property shail be owned, conveyed, encumbered, leased, use I, and
� occupi�d sabjeet to the Goveming Documents and the Act, as a_mended fram time to time� A1?
covena�ts, restrictions, and obligations set forth in the Governing Documen#s are in furthe nce
of a plan for the Property, and shatt run with the Property and be a burden and benefit t�o ail
Ownens and Occupants and to any other Person acquiring or owning an interest in the Pro�erty, .
their heirs,personal representatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or con eRed
by Declarant pursuant to Section 1b.2, a Unit may not be subdivided or converted by the�wner
of the; Unit into two or more Units, Limited Common Elements, Common Elements, r any
combination thereof Except as permitted by the Act, no part of the Common Elements ay be
subdivided, partitioned, or converted without the prior written approval of all Owners nd all
secured parties holding first mortgages on the Units. I
73 Residential Use. The Units shall be used by Owners and Occupants an their
guest$ exclusively as private, single family residentiat dwellings, and not for transient, hotet,
comr►sercial, business, or other non-residential purposes, except as provided in Section 7. . Any
lease'of a Unit (except for occupancy by guests with the consent of the Owner, and exc�ept for
leasing of Units owed by Declarant) for a period of less than twelve months or any occl�pancy
whict� includes services customarily furnished to hote[ guests, shall be presumed to jbe for
fransient purposes. . � I
7.4 Business Use Restricted. No business, Erade, occupation, or profession of any
kind,�whether carried on for profit or otherwise, shall be conducted, maintained, or penr�itted in
any 13nit or the Common Elements,except: �
7.4.1 An Owner or Occupant residing in a Unit may maintain � home
occupation in such Unit; provided, that such use (i) is incidental to the residential �se;(ii) i
does not involve physical alteration or improvement of the Unit visibie from the�exterior �
of the Unit; (iii) is in campliance with all governmental laws, ordinanc s, and I
regulations; (iv) does not involve observable business activity such as signs, ad�ertising
. displays, unusual numbers of deliveries, or unusual levels of pedestrian or v hicular
i traffic to and from the Unit; {v) does not involve employees, independent contra tors, or
; consultants (other than the Owner or Occupant of the Unit}; and (vi) does not o herwise
involve activity which disturbs the quiet enjoyment of the Property by other 0 ners or .
Occupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other usiness
facilities on the Property in connection with the exercise of its special Declarant 'ghts.
, 7.43 The AssociaUon may maintain offices on the Property for ma agement
,� and related purposes. .
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7.5 LeasinQ. Leasing of Units shall be al[owed (subject to reasonable regulatio by
the Association) but only in accordance with the following conditions: (i) no Unit ma be
subleased, (ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shall e in
writing, (iv) unless otherwise required in connection with the financing,guarantee,or insuri g of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be or a
period less than tweive months, except far extenuating situations, {v) the lease shall provida that
it is suhject to the Governing Documents, the Rules and Regulations, and the Act, and that any
failure of the lessee to comply with the terms of such documents shall be a default unde the
lease, and (vi) prior to occupancy of the Unit by the lessee{s), the AssociaEion shall recei e a
copy of ihe fuliy-signed lease along with a written list of the name and telephone number of ach
Person who will occupy the Unit under the lease,and the absentee address of the leasing 0 ner,
The �lssociation may impose such reasonable Rules and Regulations as may be necessa to �
implemeni procedures for the leasing of Units, consistent with this Section and applicable aw,
including but not limited to(i)a requirement for a form addendum to be attached to each le e to
assure that the rights and authority of the Association and Owners and Occupants are recogni ed, '
and (ii) a requirement for the screening of lessees through a reputable, professional scree ing
organization; provided,that such screening shall not violate federal, state, or loca] discrimin tion
laws.
7.6_ Dele��ation of Use. An Owner's right of use and enjoyment of the Unit sha I be
automatically delegated tv other persons ]iving in the Unit pursuant to a legal right of posses ion;
provided, that such persons shall be subject to the Governing Documents and the Rules and
Regulations. Unless otherwise authorized in writing by the Board, if persons other than the � �
Owr�er or the Owner's family (e.g., lessees) have been given the legal right to possess the
Owner's Unit, then those persons shall have the right to use any recreational facilities, par ing,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the O ner
and the Owner's family.
� 7.7 Parkin�. There are ninety-five Common Element vehicle garage s Ils �
(collectively the "Stalls," and individualty a "Stall") in the lower 3eve1 of the Building. e '
Stalls and other parking spaces on the Property shall be used only for parking of vehicles o ned
or leased by Owners and Occupants, and such other incidental uses as may be authorize in
writing by the Association. A Stall shall not be converted ta other uses or used for storag or
other purposes which would prevent the parking of a mid-size automobile in the Stall, exce t as
authorized in writing by the Association. The use of the Stalls, other parking spaces, and �
driveways on the Property, and the types of vehicles and personal property permitted ther on,
shall be subject to regulation by the Association, including, but not limited.to, the right o the
Association to tow illegally parked vehicles or to remove unauthorized personal property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operation and
iransfer af the Stalls shall be administered, in accordance with this Section 7.8. The folto ing
conditions and restrictions shall govern the assignment, use,and transfer of the Stalls.
7.8.I The initial assignment of a Stall to a Unit shall be made by the Associa ion
as directed by Declarant at the time of the first conveyance of the Unit by Decla ant.
Wpon the closing of the initial sale of a Unit, the Association shall, as directe by
Declarant,assign to the Unit the exclusive right and license to use at least one Stalt. ach
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Stall assigned by the Association shall be deemed to be licensed and assigned by the .
A�ssociation to the Unit to which it is assigned. After all Units owned by Declarant h ve i
bQen conveyed, any unassigned Stalis shall be deemed to be assigned to the Associat on,
and may be reserved for guests of Owners and Occupants, for handicapped parking or
fqr rental or assignment by the Association to Owners or Occupants, as determined by e
8pard. The Assaciation m2y, after DecIarant no longer owns any ZJnit, rent or athe ise �
assign any unassigned Stalls to Owners or Occupants. _
' 7.8.2 The use righs with respect to each Stall shall be deemed to be licen ed
ex�clusively to the Owner of the Unit to which the Sta11 is assigned. The Association s al3
m�intain records identifying the Stalls, the Units to which they are assigned, the.names of
' th� Owners of the Units, and the dates of assignment and any reassignments. A wri en
certificate of garage stall assignment(the"Garage Certificate"} shall be signed and da d �
on behalf of the Association and made available for delivery on the date the Ow er
acquires title to the Unit to which the Stall is assigned. The Association shall ot
unilaterally reassign any Stali assi�ned to a Unit, except for handicapped St 11
as�ignments which may be unilaterally transferred by the Association to accommod te
le9ally handicapped persons.
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7.83 A Stall shall remain with the Unit to which is it assigned until the licen e
, is transfened in accordance with this Section 7.8.3. Subject to Section 7.8.2, a St 11
license may be transferred to another Unit, but only by first delivering to the Associati n
(i} a written transfer certificate, rn a form approved by the Association, signed by t e
trarnsferor and the transferee, and {ii) all prior Garage Certificates and copies there f
, issued with respect to the Statl. The Association shall review the proposed trans r
� cer�ificate for compliance with this Section 7 and, if the transfer complies, e
Association shall transfer the license on its records to the Unit owned by the transfer d
and issue a new Garage Certificate to the transferee. The license to use the Stall sha 1 �
rerriain with the Owner and the Unit to which it is assigned until the license is transfer e
in a�ccordance with this Section �.8. In the absence of a properly executed assignment
the�contrary, the license to use a Stall assigned to a Unit at the time of the Unit s �
conNeyance shatE be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Un t j
only to or by other Owners and Occupants. The lease or other use right sha11 be i
� written form, and shall terminate when the lessor, lessee, or other user is no longer a
Owner or Occupant, regardless of [he terms of any agreement to the contrary. Th
Owrner shall give the Association advance written notice of any lease or use agreemen
with,respect to the Stalt assigned to that Owner's Unit, and shall prompily provide a cop
of tl�e lease or use agreement to the Association. The Association may hold,reassign th
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for th
I Stall'S reserved for use by Owners.
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7.8.5 The interest of a secured party holding a first lien or other secnrity interes I
on a�Unit shall include the license to any Sta(1 which is assigned to the Unit, and sai
right$ shall be included within the secured party's interest acquired in the event of
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported transf�r of •
any interest in a Stali in violation of this Section 7.8 shall be void: I
7.8.7 The use of the Stalis, and the size and types of cars and other moto 'zed
,'vehicles which may be kept in a Stall, are subject to Rufes and Regutations as app ved
� �fr�m time to time by the Board. �
79 StaraQe SFaces. There are ninety Common Element storage spaces located in the
lower levei of the Building (collectively the "Storage Spaces," and individually a "St rage
Space"). The assigmnent of the Storage Spaces, and the aperation and #ransfer of the St rage
Spaces; shall be administered in accordance with this Section 7.9. The following conditio and
restrictions shall govern the assignment,use,and transfer of the Storage Spaces. I
- 7.9.1 The initial assignment of a Storage Space to a Unit shall be made ly the
;Association as directed by Deciarant at the time of the first conveyance of the U it by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as di ected
;by Declarant, assign to the Unit the exclusive right and license to use at least one S orage
. Space. Each Storage Space assigned by the Association shali be deemed to be li ensed
' and assigned by the Association to the Unit to which it is assigned. After all Units wned
� by Declarant have been conveyed, any unassigned Storage Spaces shall be deeme to be
assigned to the Association. The Association may, after Declarant no longer ow s any
Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupar�ts.
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7.9.2 The use rights with respect to each Stora�e Space shall be deeme to be
licensed exclusively to the Owner of the Unit to which the Storage Space is ass�gned.
The Association shall maintain records identifying the Storage Spaces, the Units to which
they are assigned, the names of the Owners of the Units, and the dates of assignm t and
any reassignments. A written certificate of Storage Space assignment {the " torage
,' Certificate") shall be signed and dated on behalf of the Association and made.av ilable
for delivery on the date the Owner acquires titie to the Unit to which the Storage S ace is
; assigned; provided, that the Owner has been assigned a Storage Space. The Ass iatian i
sha13 not unilaterally reassign any Storage Space assigned to a Unit. I
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7.93 A Storage Space license shall remain with the Unit to which it is a signed
until the license is transferred in accordance wiFh this Section 7_9.3. .Subject to ection
7.9.2, a Storage Space may be transferred to anather Unit, but only by first deliv ring to
; the Association (i) a written transfer certificate, in a form approved by the Asso iation,
signed by the transferor and transferee, and (ii) atl prior Storage Certificates and copies
; thereof, issued with respect to the Storage Space. The Association shall revi w the
proposed transfer for cornpliance with this Section 7.9 and, if the transfer compl es, the
, Association shall transfer the license on its records to the Unit owned by the tra sferee
and issue a new Storage Certificate to the transferee. The license to use the torage
; Space shall rernain with the Owner and Unit to which it is transferred until the li ense is
' transferred in accordance with ihis Section 7.9. In the absence of a properly e�ecuted
, assignment to the contrary, the license to use a Storage Space assigned to a Un't at the
' time of the Unit's conveyance shall be automatically assigned with the convey nce of
title to the Unit.
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7,9.4 An Owner may rent or allovv the use of the Storage Space assigned t his •
or her Unit only to or by other Owners and Occupants. The Iease or other use right hall
be in written form,and shall terminate when the lessor, lessee, or other user is no lo ger
an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
� Owner shall give the Association advance written notice of any lease or use agree ent
�vith respect to the Storage�Space assigned ta that Owner's Unit, and shall pro ptly
provide a copy of the lease or use agreement to the Associatian. The Association ay
hold, reassign the license foc, or rent, a Storage Space assigned to it in the same m ner
�as an�wner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security int rest
on a Unit shall include the license to any Storage Space which is assigned to the Unit and
said rights shaIl be included within the secured paRy's interest acquired in the even of a
' foreclosure of the lien or other security interest. I
� 7.9.6 Any license, lease, rental, assignment, transfer, or purported trans r of �
�any interest in a Storage Space in violation of this Section 7.9 shall be void.
" 7.9.7 The use of the Storage Spaces, and tha items that may be stored i the
'Storage Spaces, are subject to Rules and Regulations as approved from time to tir�ie by
;the Board. I
� 7_1 Q Animals. The Board shall have the exclusive authoriry to regulate or prohi it, by �
' the Ru'le and�Regulations, the keeping of animals on the Property; provided, that the Boar may
only p�rmit dogs (except Rottweiilers, Pitbulls, or poberman Pinschers), cats, small birds, mall
fish, and other animals generally recognized as domestic household pets (collectively refe ed 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 regul te or
� prohibit pets on the Property, including, but not limited to, the type, size, and num er of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations a e not
inconsistent with the Goveming Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, or as
' statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any kind shall be raised or bred, or kept for busin ss or
commercial purposes, by any Person upon any part of the Property.
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7.103 Pets sha]! 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. j
' 7.10.4 Pets shall be housed only within Units, and not within the C I mon
� Elements. No structure, fence, or enclosure for the care, housing, or confinement f any
� pet shall be constructed or maintained on any part of The Common Elements or 'n 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 adult individval at all times when utside
of the Unit.
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! 7.10.6 Owners and Occupants keeping pets within their Units are responsibl for -
' the pet's behavior and for complying with municipal pet Iaws, ardinances, and
� regu3ations. An Owner is liable to the Association for the cost of repair of any dama to
the Property,or the damages and expenses associated with any persona! injury,cause by '
• an animal (i) kept by that Owner on the Property, (ii) kept on the Property by an -
� Qccupant of that Owner's Unit,or(iii)brought upon the Properiy hy a guest or invite af _ .
that Owner or that Occupant. The owner of that animal {ii not that Owner)shali als be
liable for such costs,damages,and expenses.
7.i UJ The Board shall have authority to determine in its soie and absol te
di�scretion whether a particular pet shall be permanently removed from the Property ba ed
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Sectio 7,
{i�) applicable governmental restrictions, laws, or ordinances, or (iii} any additio al
re$trictions approved by the Board; provided, that such removal shall be snbject to
S�ction 13.3.
' 7.10.8 Any fine, or costs for repair or,inju .ry, imposed upon an Owner for a
fai�ure to comply with any pet restrictions shal] be an Assessment against the Owner s
U�it.
� 7.1',1 Quiet Eniovment; lnterference Prohibited. Subject to Section 7.16, all Owne s
' and Occup�ants and their guests shall have a right of quiet enjoyment in their respective Unit ,
subject to the rights of other Owners and Occupants to reasonable use of their respective Uni
and the uswa! and customary sounds generated thereby given the muiti-family, apartrr;ent-styl
structure o�'the Building. Taking into consideration the nature of the Building structure, Owner
and Occup�nts and their guests shall use and occupy the Property in such a manner as will no
cause a nui�ance or disturbance, nor unduly restrict, interfere with or impede the use and quie
enjoyrnent of the Property by other Owners and Occupants and their guests.
7.12 Comqiiance with Law. No use shall be made of the Property which would violat
any then existing municipal codes or ordinances, or state or federa) laws and regulations, no
shall any a�t or use be permitted which could cause waste ro the Property, cause a material �
increase in insurance rates on the Property, or othenvise cause any nnusual liability, health or j
safety risk,or expense, for the Association or any Owner or Occupant. I �
7.13 ', Alterations. Except for those made by Declarant in consideration of its initial sale
of a Unit an� except as otherwise provided in 5ection 8, no alterations (as defined in Section 8)
shall be mad�e, or caused or allowed to be made, irr any part of the Common Etements,or in any
part of the unit which affects the Common Elements or another Unit, or which is visible from
the exterior of the Unit, without the prior written authorization of the Board, or a committee
appointed by;it, as provided in Section S. No Owner or Occupant shall (i) cause or permit any
physical charrges to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of the Building,or any Building system, or other improvement iocated on the Property; or
{ii) interfere virith any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any compa able •
fonn o�f lease, occupancy rights, ownership, or right-to-use glans, which has the effe t of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
�7.15 Access to Units. !n case of emergency which constituces an immediat and
materia�] ihreat to the Property or to the health or safety of the Owners or Occupants, a!1 nits
and the Limited Elements are subject to entry, withouf notice and at any time, by an offi �r or
membe'r of the Board, by the Association's management agents, or by any public fety
person�iei. Entry is also authorized for maintenance purposes under Sections 9 and 13, a d for
enforce�ment purposes under Section t4.
'7.16 Public Works Facilitv. The City's public works facitity(the"Fac'siity"}is lo ated
directly to the west of the Property. The Facility is.used by the City for,among other thing , the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used y the
City. '�"he Facility is operated by the City twenty-four hours a day, seven days a week. iven �
� the clo�e proximity of the Facility to the Property, the Owners and Occupants and their in itees •
will be�subject to the sights,sounds, lights,and smetls associated with the Facility. I
7.17 StoraQe. Subject to the provisions of Section 7.9, persona! properiy may ot be
stored„ displayed, or otherwise left outside the Units, except as authorized by the Board All
portio�s of the Common Elements used for access to and from the Units and to and fro the
lower level of the Building,may not be obstructed, or used for parking,storage,activities, r any
purpose other than access and authorized parking and storage,
7_]8 Prohibited Conduct. No Owner or Occupant shall{i}cause or pe�nit any ph sical
chang�s to their Unit or the Common Elements that could jeopardize or irnpair ihe weathe -tight
sound�ess or safety of the Building, any Building system, or other improvement located n the
Prope�ty; (ii)interfere with any easement; (iii) install or permit the installation of hard s�rface
floor�overinbs within their Unit without the prior written authorization of the Board, exc pt for
the repiacement of floor coverings of the same type as originally installed in the U�hit by
Decla'rant; or (iv)cause or permit any physical changes to his or her Unit which coutd a ect or
dama�e the sound barriers or sound attenuatian materials installed on or within the ce lings,
floors;or walls of the Units without the prior written authorization of the Board.
� SECTION $ �
, ARCHtTECTURAL STANDARDS I
$.1 Restrictions on Imdrovements. One of the purposes of this Declaratio is to
ensure that those parts of the Units which are visible from the exterior, as well as the L mited
Comr}�an Elements, be kept architecturally attractive, and consistent in appearanc , and
structura}ly sound. Therefore, except as set forth in Section 8.5, the foilowing resfictio s and
requir,ements shall apply to alterations on the Property:
8.I.1 Except as expressly provided in this Section 8, no rnodific tions,
i improvements, repairs, or replacements of any type, whether temporary or pe anent,
I structural, aesthetic, or otherwise (collectively referred to as "alterations,' and
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individually a "alteration"), including, but not limited to, any structure, bui ding, '
addition, deck,patio,fence,wall, enclosure, window, exterior door, antenna or othe type
�of sending or receiving apparatus, sign, flag, display, decoration, color c ge,
shrubbery,materiai topographical or landscaping change,or any other exterior alte tions
�to or of a Unit or a Limited Common Element, shail be made, or caused or allowed to be .
nade,by any Owner or Occupant,or their invitees, in any part of the Common Ele ents,
'ar in any part af the Unit which affects the Common Elements or another Unit, or hich
is visible from the exterior of the Unit, unless and vntil the plans and specific tions
, showing the nature, kind, shape, heigh•t, calor, materiats, and lacations of the alte tions
' shall have been approved in writing by the Board or a committee appoin#ed by t. In
addition, Declarant's written cansent shail also be required for aiteratians until De larant
; no longer owns a Unit for initial sate_
I 8.1.2 The Board may appoint, supervise, and disestablish an archit ctural
i committee, and specifically delegate to it part or all of the functions which the Board
� exercises under this Section 8, in which case the references to the Board shall refe to the
; architecTural commiitee where appropriate. The architectural committee shall be ubject
' to the supervision of the Board. � I
8.1.3 The Board shal] establish the criteria for approval of alterations, which
shall (i) adequately protect the Property, the Association,and the Owners and Occ pants,
: ' fram liability and ]iens arising out of the proposed alterations or any construction ctivity
in connection therewith, and (ii) cornply with all governmental laws, cod , and
regulations. The criteria for approval of alterations shalt include and requir , at a
minimum: �
; 8.L3.1 substantial uniformity of color, location, type, and de�ign in
relation to existing structures and topography,
� 8.1.3.2 comparable or better quality of materials as used in xisting
improvements on the Property, ' �
8_I.3.3 ease of maintenance and repair, i
I ,
8.1.3.4 adequate protection of the Property, the Association, the wners,
and the Occupants from liability and liens arising.out of the proposed alte tions,
8.L.3.5 subsiantial preservation of other Owners' sight lines, if aterial,
and �
; 8.1.3.6 compiiance with governmental laws,codes,and regulation .
8.1.4 The Soard, or the appointed architectural committee if so autho 'zed by
� the Board, in its sole discretion, may impose standards for design, appea nce, or
' . construction which are greater or more stringent than standards prescribe by the
� Governing Documents, or by building, zoning, or other governmental laws, odes, or
. regulations; provided, that such standards shall be consistent with the arc itectural
; character and use of the Property as planned and developed by Declarant. 1'he oard, or
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the appointed architectural committee if so authorized by the Boazd, shall be the sole � •
judge of whether such criteria are satisfied, and its determination in this regard sh Il be
binding upon the Owners, the Occupants, and any other Person holding or acquiri g an
�nterest in the Unit. The purpose of the criteria established by the Board shall be i) to ;
�reserve the architecturat styie and uniformity, the quality and value of the Property and �
(i:) te procect the Association and the Owners fr�:n und�se liab:lit�j arising oui e the
aIterations or any construction activity in connection therewith.
8.i.5 Alterations may be made in compliance with Sectian S I SB.2-i 1.3 o the ,
�Act, and relocation of the boundaries of the Units may be made in compliance with
;Section S 15B.2-114 of the Act.
� 8.1.6 Approval of alterations that encroach minimally upon another Unit r the �
�Common Elements or which essentially continue an existing encroachment created i #he �
�course of construction of the Building and Units, shall create an appurtenant easeme t for
such encroachment in favor of the Unit with respect to which the alteration are
�pproved, notwithstanding any contrary requirement in the Governing Documents r the
iAct. A fite of the resolutions approving all alterations shal{ be maintained perma ntly
as a part of the Association's records.
'8.2 Review Procedures. The following pracedures shall govern request for
alteratimns under this Section 8: .
, 8.2.] Detailed plans, specifications, and related information regardin any
proposed alteration, in form and content acceptable to the Board,shall be subrnitted o the
Baard (or the committee)and to Declarant(as long as Declarant is the owner of a U it) at
'least sixty days prior to the projected commencement of construction. No alter tions
'shall be commenced prior to approval. �
, 8.2.2 The Board(or the committee) and to Declarant{as long as Deciarant is the ;
,owner of a Unit) shali give the Owner written notice of approval or disapproval. f the
Board (or the committee) and to Declarant (as long as Declarant is che owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plan and
'specifications and all other information requested by the Baard (or the committee) d to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be dee ed to
� be granted; provided, that the alterations are done i❑ accordance with the lans,
,specifications,and related information which were submitted. �
$.2.3 If no request for approval is submitted, a.pproval shall be deemed to be
'denied. .
i 8.3 Remedies for Violations. The Association may undertake any measures, le al or
adrnin�strative, to enforce compliance with this Section 8 and shall be entitled to recove from
the OVvner causing or permitting the violation all attameys' fees and costs of enforc ment
incurr�d by the Association, whether or not a legal action is started. Such attorneys' fe s and
costs s�all be a lien against each of the Owner's Units and he a pe.sonal obligation of the wner.
In add�tion, the Association shail have the right to enter the Owner's Unit and to restore a part
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of the Building or that Unit to the prior condition if any alterations were made in violation f this •
Sectiod 8, and the cost of such restoration shall be a personal obligation of the Owner and lien
againsz each of the Owner's Units.
8.4 Owner Resuonsibility/Indemnity. An Owner who causes an alteration o be .
made, regardless of whether the alteration�is approved by the Board, shall be responsible f�ir the
� canstniction work and any claiins, damages, losses, or liabiEities arising out of the alter�tian.
The O�ovner, and not the Association, is responsible for determining whether any alteratio is in
violation of any restriction impased by any governmental authority having jurisdiction ov r any
partior� of the Property. The Owner sha11 hold harmiess, indemnify,and defend the Associ tion,
and th� Association's officers, directors, committee rnembers, and management a�;ents, fro and
against any expenses, claims, damages, losses, or other liabilities, including witi�out limi ation
attorn�s' fees and costs of litigation, arising out of (i) any a(teration which violate any
governmental Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy f the
specifi�ations or standards for construction of the alteration, and (iii) the construction �f the
alterat�on.
,8.5 Exemntians. The requirements set forth in this Section 8 (except Sectio� 8.4) •
shatl not apply t�the following:
' 8.5.1 Construction, reconstruction, or remodeling by Declarant in conn�ction
' with its sale of Units.
' I 8.5.2 The installation of the following antennas within a Unit or wi in a
Limited Common Element, as permitte� by applicable law: (i) one antenna one m ter or
� less in diameter .for the purpose of receiving direct broadcast/satetlite service or video
' programming services, or (ii) any antenna For receiving television broadcast s gnals.
' However, the Board or a committee appointed by it, may require that the ante na be
! installed so as to minimize its visibility from the front of the Unit and oth rwise
camouflage its appearance, unless such requirements would violate applicable la . The
, Board shall have authority to impose further, reasonable related requirements con istent
, with law. The Owner or Occupant of the Unit shall perform and pay for the instal ation,
maintenarice, and repair of the installation. . j
' �
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� 8.5.3 Alterations permitted by the Rules and Regulations.
, SECTION 9
� MAINTENANCE
9.1 Maintenance bv Association. Subject to Section 9.2,the Association shail ovide
for all maintenance, repair, and replacement (collectively referred to as "maintenan e" or
"maintain") of the Common Elements and the Limited Cammon Elements, in accordanc with,
and subject to,the following qualifications:
' 9.1.1 The cost of maintenance of a Lirnited Common Element require to be
I undertaken by the Association shal] be assessed against each Unit to which the imited
i Common Element is allocated. The Association may assign to an Owner the obl gation
MPIS-Word 95281.J I 2 t
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for routine maintenance of a Limited Common Element allocated to the Owner's �Jnit. •
However, if the Owner fails to adequately perform the maintenance, Ehe Association may
gnter the Limited Common Element and tt�e Unit, perform the maintenance, charg� the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. IThe
Association shall have an easement on, over, and through that Unit and the Lir#�ited
�ommon Element for purposPs of perf'erming said maintenance. �
9_l.2 The Association shaIl be r�sponsible for �ncidental damage caused to a.
'Unit or its Limited Common Elements hy work undertaken by ihe Association pur$uant ,
�to this Section. I
' 9.13 If damage to the Common Elements, the Limited Common Elemen s, or
;other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, r by
�any condition in the Unit or Limited Common Elements which the Owner or Occ pant
�has caused or allowed to exist, then the Association may repair the damage or corre t the '
'condition, charge the Owner for the cost of the maintenance, and assess the cost t ereof �
,against the responsible Owner's Unit, as may be assigned by the Association pursu nt to
. this Section 9.1. The Association shall have an easement on, over, and through tha Unit
'and the Limited Common Elements for the purposes of performing said rep 'r or
,correction.
9.1.4 Notwithstandin� the assigntnent of any maintenance obligations o an
, Owner, the Association shal( have authority to approve any maintenance which ffects
any part of the Property other than the Unit, which may impair any easement, or hich
� alters the appearance of the Property as seen from outside the Unit:
, 9.1.5 The Association also has the obligation to maintain the Common EI ents
� in accordance with that certain Declaration of Easements, Restriciions and Covena ts for
' Stonebay recorded in the office of the County Recorder in and for Hennepin C unty,
� Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declara ion of
Easements, Restrictions and Covenants, the Association has the obligation to m intain
' those unpaved p�rtions of Kelley Parkway lying within the Common Elements.
, 9.2 Optional Maintenance bv Association. In addition to the maintenance de cribed
in Se¢tion 9.1 the Association may, with the appraval of a majority of votes cast in perso or by
proxy at a meeting called for such purposes, or by written baIlot, undertake to rovide
maintenance to parts of the Units.
� 9.3 Costs of Maintenance bv Association. All maintenance performed y the .
AssoCiation under this Section 9 shall be funded by annual Assessments or, if necessary, pecial
Asse�sments, unless otherwise provided in this Section 9. Notwithstanding the foregoi g, the
Asso�iation reserves the right to levy and allocate the cost of any maintenance performe under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
, 9•4 Owner ResponsibilitY. The Owner shall, at the Owner's expense, be resp nsible
for rriaintenance, repair, and replacement as follows: .
MPLS-NJard 95281.I I 22
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9.4.1 To rnaintain all portions of the Owner's Unit in good, clean, and sa itary •
condition, and to maintain the Limited Common Elements allocated to the Owner' Unit
'to the extent assigned to the Owner under Section 9.1.I. The Association may requir that �
the Owners perform their maintenance obFigations in accordance with sta ards
;established by the Association.
; 9.4_2 To perform ihe foregt�in� maintenance obligations in svch manner s not '
to damage the Properiy, or unreasonably disturb ar cause a hazard to other P rsons
. ; occupying or using the Property. .
The Association may, with the a�proval of the Members, undertak I any
maintenance of a Unit which the responsible Owner fails to or improperly perforn�, and
� , assess the Unit and the Owner for the cost thereof. No such approval shall be nec ssary
if the Association has the authority under the Governing Documents to perfo such
maintenance. Such cost shall be a personal obligation of the Owner and a lien agai st the
Owner's Unit. Owners and Occupants shall promptly notify the Association of de cts in
; or damage to those parts of the Property which ihe Associatioo is obligated to m intain.
� The Board may require that the Owners perform their maintenance obligati ns in
; accordance with standards established by the Association.
' 9.5 Waste of Common Utilities or Commonlv Metered Utilities. An O er or
Occupant of a Unit shall not cause waste, or unreasonable us�, of common utilities or tilities
that serve the Unit but which are commonly metered. In the event the Association dete ines .
that s�vch waste or unreasonable use is occurring, the Association shall have the authoriry o levy
agair�st the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, c arges,
and fees (whether billed by the utility provider, or otherwise) associated with that w ste or
unre�:sonable use. 5uch costs, charges, and fees shall be calculated by the Associatio using
� reasanable methods. Notwithstanding any provision to the contrary in this Declarati n, the �
Assojciation may repair or correct any condition (and enter upon any Unit and Limited C mmon
Elerrlent to do sa) causing the waste or unreasor�able use. The cost of the repair or co ection
may„at the Board's discretion, be assessed against the Unit, and may, at the Board's dis retion,
be th�e persona! obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes to the Pronertv. Except as permitted by this Decl ration, '
no C�wner or Occupant shall, without prior written suthorization from the Board in acc rdance
with�Section 7.12: �
9.6.1 Cause or permit any physical or aesthetic changes or alterations, hether
temporary or permanent, to be made to a Unit or the Common Elements, if such change
or alteration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any �hysical changes to his or her Unit or the ommon �
� Elements that could jeopardize or impair the weather-tight integrity, safety or s ndness
of any part of the Property, any system or eqaipment on or within the Propert , or any
other improvements located on the Property.
� 9.6.3 [nterfere with or otherwise impair any easement.
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9.7 Dutv to Report Defects. Owners or Occupants shall promptly report t the •
Association any defect or need For repair to those parts af the Property which the Associat on is
obligated to maintain.
9.8 Dama�e Caused bv Owner. Notwithstanding any provision to the contrary ' this
Declar�tion, if, in the judgment of the Association, the need for maintenance of any part f the
Properny:s�aused by th�willful or negligent act or omission of an Ownet or Occ�apant,the guest
or invi;tee of an Owner or Occupant, or by a condition in or on the Property which the Ow er or
the O�cupant has wi)lfully or negligently allowed to exist, the Assaciation may caus such
damage or condition to be repaired or corrected (and enter upon any Unit and Limited Co on
Elemerit to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shali be a personal obligation of the Owner and a Iien
again�t that Owner's Unit.
; I
� SECTtON 10 I
1NSURANCE
� ' �
10_l Required Coveraee. The Association shail obtain and maintain, at a mi imum,
one ox more than one master policy of insurance in accordance with the insurance requir ments
set farth in the Act and the additional requirements set forth herein issued by one or mo e than
one reputable insurance company authorized ta do business in the state of Minnesota,as f llows:
10.1.1 Property insurance in broad form covering all risks of physical lo s in an
, amount equal to one hundred percent-of the insurable"replacement cost",of the P operty,
exclusive of (i}deductibles; and (ii) land, footings, excavation and other items n rmally
excluded from coverage {but including all building service equipment and mac inery). •
; The Associatiori, at its soie discretion, may or may not insure the foliowin items: �
ceiling and wall finishing materials, floor coverings, cabinetry, finished m llwork,
. . electrical or plumbing fixtures serving a single Unit, built-in appliances, impro ements
and betterments regardless of when installed, and any items referred to in Section '
S15B.3-113(b)(i) through (vii) of the Act, but must do so if required by the Federal '
National Mortgage Association ("FNMA"), the Federal Home Loan ortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the s cretary �
of Veteran's Affairs ("VA"). The policy or policies shall cover personal propert owned
; by the Association. The policy or policies shall also contain "lnflation Gu d" and
"Agreed Amount" endorsements, if reasonably_available. Such policy or polic es shall
include such additional endorsements, coverages and limits with respect to the f regoing
and other hazards as may be required from time to time by the regulations of t e FHA,
VA, FNMA or FHLMC as a precondition to their insuring, purchasing or fin ncing a
' mortgage on a Unit. The Board may also,on behalf of the Association, enter int binding
written agreements with a mortgagee, insurer or servicer, including without limit tian the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain pecified
, coverages or endorsements in effect.
; 10.1.2 Commercia! genera! liability insuranee covering the use, opera ion, and
mainienance of the Cominon Elements, with minimum limits of one million d llars per
MPL�S-Word 95281.I 1 24
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occurrence,against claims for death, bodily injury,property damage, and such other sks '
aS are customarily covered by such poiicies for projects similar in construction, ]oca ion
and use to the Property. The palicy shall contain a"severability of interest"endorse ent
w'hich shall preclude the insurer from denying the claim of an Owner or Occu ant
b�cause af negligent acts of the Association or other Owners or Occupants. The po icy
shalI in�lude such additiana! endorsements, coverages and limits with resp�ct to s ch
h�zards as rnay be required by the regulations of the FHA, VA, FNMA, or FHLMC a
pnecondition to their insuring,purchasing,or financing a mortgage on a Unit.
' I0.1.3 Fidelity bond or insurance coverage againsi dishonest acts on the part of
� directors, officers, managers, trustees, ernployees, or persons responsibie for handi ng
. funds belonging to or administered by the Association, if deemed to be advisable by e
BQard or required by the regulations of any financing-related institution as a preconditi n
to,the purchase, insurinb, guarantee, or financing of a mortgage on a Unit. The fidel ty
ba,nd or insurance shall name the Association as the named insured, and shall com ]y
with the regulations af the FNMA, FHLMC, FHA or VA, if required by one of s h
� ag�ncies as a precondition to the purchase, financing, inswing, or gvarantee o a
mmrtgage on a Unit. An appropriate endorsement to the policy to cover any persons w o
' serve withaut compensation shall be added if the policy would not otherwise co er �
volunteers, or a waiver af defense based upon the exclusion of persons serving with t
compensation shall be added,
' L0.1.4 Workers' Compensation insurance as applicable and required by law.
� � 10.1.5 Directors and officer liability insurance with such reasonable limits ac�d
couerages as the Board shall determine from time to time. �I
10.1.6 Such other insurance as the Board may determine from time to�time to e
in t�e best interests of the Association and the Owners.
10.2 Prerniums; Improvements; Deductibles. Except as provided in Section 6_4, a I
insurance ,prerniums shall be assessed and paid as part of an annual Assessment. f
improvements and betterments to the Units are covered by the Association's property insuranc ,
any increa5ed cost may be assessed against the Units affected. The Association may, in the ca
i of a claim �'or damage to one or more than one Unit,(i} pay the deductible amount as a Commo
i Expense, (ii) 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
deductible amount directly. The Association's decision as to who shall be charged with payin
the deductible amount may, but need not, be based on fault. Notwithstanding anything ko 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 th
the deductil�le amount is calculated by the insurance company based upon the percentage af th
value or co5t(replacement or otherwise)of one or more than one Unit or Building.
10.3 Loss Pavee; Insurance Trustee. Atl insurance coverage maintained by th
Association,shall be written in the name of, and the proceeds thereof shall be payable to, th
Association (or a qualified insurance trustee setected by ii) as trustee for the benefit of th
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Owners'and secured parties which suffer loss. The Association,or any insurance trustee sel cted -
by it, shall have exclusive authority to negotiate, settle; and collect upon any claims or 1 sses �
under amy insurance policy maintained by the Association_ '
�
. 10.4 Reauired Policv Provisions. Att policies of property insurance carried b the
� Association shall provide, if practicable;that: �
� 1fl.4.1 Each Owner and secured party is an insured Person under the policy ith
respect to liability arising out of the Owner's interest in the C:ommon Elemen s or
membership in the Association.
� 10.4.2 The insurer waives its right to subrogation under the policy agains any
bwner or member of the Owner's household and against the Association and memb rs of I
the Board.
, 10.4.3 The coverage shall nat be voided by or conditioned upon {i) any a t or
omission of an Owner, unless acting within the scope of authority on behalf o the
Association, or (ii) any failure of the Association to comply with any warran or
�ondition regarding any portion of the Property over which the Association h s no
�controL
. , 10.4.4 If at the time of a loss under the policy Chere is other insurance in the ame
of an.Owner covering the same property covered by the policy, the Association's licy
is primary.
'10.5 Cancellation; Notice of Loss. A11 policies of property insurance and
compr�hensive liability insurance maintained by the Association shall provide that the po icies
shall not be canceled or substantially modified, for an.y reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mort ages
on Uni�s.
'10.6 No Contribution. All policies of insurance maintained by the Association sh ll be ;
the pridnary insurance where there is other insurance in the name of the Owner covering the same .
property, and may not be brought into contribution with any insurance purchased by Own rs or
their mortgagees. � ;
]OJ Owner's Personal Insurance. Each Owner shall obtain and maintain addi iona]
personal insurance coverage (commonly icnown as "gap covera�e"or an "H06"policy) at is or
her aw�n expense covering fire and other casualty to the interior of the Unit,the Owner's pe sonal
property and personal iiability, and covering insurance deductibles that may be levied y the
Associ�ation against the Unit. Insurance poticies maintained by Owners are without contri ution
as against the insurance �urchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an wner
sha{1 immediately provide to the Association a copy of the certificate(s) of insurance co erage
evidencing the insurance required by this Section 10.7.
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' SECTION ]1 •
I RECONSTRUCTION, CONDEMNATION,AND EMINENT DOMAIN
11.1 Reconstruction. The obli�ations and procedures for the repair, reconstructi , or �
disposiCion cf the Property following damage or destruction thereof shall be governed by the Act. _
Any repair or reconstruction shall be commenced as soon as practicabie af�er the casualt and
shall b� substantially in accordance with the plans, specifications, and design of the Prope as
initially; canstructed and subsequentiy improved. Notice of substantial damage or destrci tion
shall be,given as provided in Section 15.]0.
11.2 Condemnation and Eminent Dornain. In the event of a taking of any part f the
PropertY by condemnation or eminent domain, the provisions of the Act shall govern; pro�ded,
{i) that notice shall be given as pravided in Section 15.10, (ii) that the Association shall the
attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlemen s, or
agreem�ents, and (iii) that any awards or proceeds shall be payable to the Association f r the
benefit'of the Owners and the mortgagees of their Units_ Eligibte Mortgagees shall be entit ed to
priorit�for condemnatian awards in accordance with the priorities established by the Act a d the �
Gavemiing Documents, as their interests may appear.
, 11.3 Termination and Liquidation. The termination of the Condaminium, anl the
distribution of any proceeds therefrom, shall be governed by the Act. ,4ny distribution of nds
shall b� based upon the value of the Units as determined by their relative value for pr perty
insurance purposes, and shall be made to Owners and their rnortgage holders, as their int rests
� may appear,as provided in the Act. .
11.4 Notice. The Association shall give written notice of any conde ation
proceedings or substa�tial destruction of the Property to the ,Eligible Mortgagees entitl d to
noticeµnder Section I 5.10. �
�
� 11.5 Association's Authoritv. ln all cases involving reconstruction, condem tion, '
eminent domain, tennination or liquidation of the Condominium, the Association shali have
author�ty to act on behalf of the Qwners in all proceeciings, negotiations, and settlem nt of
claims: Al1 proceeds shall be payable to the Association to hold and distribute for the ben fit of
the Owners and their mortgage holders,as their interests may appear,in accordance with th Act_
' SECTION 12
I '
� EASEMENTS
The fcllowing appurtenant easements and rights are hereby granted,canveyed, dedi�Cated,
and reserved on, over, under,and across the Property,as applicable. �
I ]2.1 Utilities, Services, and Operatine S st�s. The Common Elements and the Units
shall e subject to and benefited by.nonexclusive easements in favor of the City, the Asso iation
and al utility companies and other service providers for the installation, use, maintenance,repair
and r placement of all utilities, services and common aperating systems, such as natur 1 gas,
electril ity, cable TV, security, telephone and other electranic communications, water, ewer,
MPLS-V,�ord 95281.11 �7
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septic systems, wells, and similar services, fire concrol systems and other common ope ting -
systems, and metering and control devices, which exist, which are constructed as part a the �
Propert}+,which are approved by the City,which are approved by the Association under suth rity
contained in the Governing Documents or the Act, or which are described or referred to i the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the O ers
� and Oc�cupants thereof, sh3l1 also be su�sject to and benefited by a nen-exclusive easeme t in
favor of the other Units, the Common Elements, and the Association for alI such uti ities, �-��
service$, fire control systems, and other common operating systems. Utilities and r lated
service+� or systems shall he installed, used, maintained, and repaired so as not to interfere with ,
the us�'and quiet enjoymeni of the Units by the Owners and Occupants, nor affect the stru tura!
. or archStectural integrity of a BUilding, the Units,or the Common Element improvements. �
i
12.2 Encroachments. Each Unit and the Common Elements, and the rights f the ��� .
Owners and Occupants therein, shal! be subject to a nanexclusive easement in favor f the
adjoin�ng Units for encroachments caused by the construction, reconstrucUon, repair, sh fting,
settlerr,ient, or movement of any part of ihe Property, for improvements which are ad ed 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 f the
afarermentioned causes,an easement shall exist fbr the eneroachment, for the use,enjoyme t, and
habitation of any encroaching Unit or improvements, and for .the maintenance t ereof.
Impr�,'vements or alterations added pursuant to Section 7.]3 shall be limited to minor
� encro�chments, and no easement shall exist uniess the proposed improvements or alte ations
have been approved and constructed as required by this Declaration. Such easement shal) �
contirlue for as long as the encroachment exists and shall not affect the marketability of titl .
12.3 Structural Support Easements. Each Unii and the Common Elements s all be
subje�t to and be the beneficiary of nonexclusive easements for structural support in all wal[s,
� colunins, joists, girders, and other structural components located in or passing through nother
Unit br other parts of a Building,or shared with an adjoining Unit or the Common Elemen s.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement far access
to and from public roadways and walkways on and across those portions of the C mmon
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
Gov�rning Documents or the Rules and Regulations. The right of access of ihe Own rs and
OccUpants, and their invitees, to and from the roadway to the west of the Property, co monly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway ccess)
reco�ded in the office of the County Recorder in and for Hennepin County, Minne ota, as
Document No. 0 7S . That Declaration of Easements also sets forih the obligatio of the
Association to share in the costs of maintaining, repairing, and replacing the portion of ascade
Lan�over which that right of access is granted.
' 12.5 Inspection, Maintenance, Repair, Replacement and Reconstruction. Ea h Unit,
and the rights of the Owners and Occupants thereof, and the Common Elemenis and Limited
Cornimon Element, shall be subject to and benefted by the nonexclusive easements in avor of
the Associatian, its a�;ents, and Declarant for the maintenance, repair, replacem nt, and
reconstruction of the Common Elements, the Units, and other improvements located w thin the
MPL�-Word 95261.11 28
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Units, and the utilities serving the Units, to the extent necessary for the Association to ful Il its -
obligations under the Governing Documents or for Declarant to investigate or underta e its
warranCy obligations. Each Owner shall afford to the Association and its rnanagement a ents
. and employees, access at reasonable times and upon reasonable notice, to and thraug the
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, and
replaceiment; provided, that access to the Unit and its Lirnited Common Elements may b had
without notice and at any time in case of emergency. �
p2.6 Public Safet�and Health Access. �'here are nonexclusive easements in fav r of
the City and other applicable governmenial authorities or agencies as shall from time to 'me
have ju,tisdiction over the Property, on and across drives, walkways, parking areas, and ther
open spiace areas of the Property for reasonable access to perfortn such duties related to law
enforcernent, fire protection, life safety, health, and sanitation as are reasonably required om
time to i time. Such easements shall include access through and into the affected Units and �
Limited'Common Elements in the�ase of an emergency. �
�2.7 Emer�encv Access. In case of emergency or perceived threat to pub(ic heal or
safety, �11 Units and Limited Common Elements are subject to an easernent in favor o the
Association for access, without natice and at any time, by an officer or member of the Boar , by
the Assqciation's management agents,or by any public safety personnel. The Board may re uire
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choic , or
with the Association, and.to advise the Association's management agent or the Board o the
location$ of the keys, so as to allow access for emergencies when the Owner or Occupa t is .
absent from the Property for extended periods.
1',2.8 Recorded Easements. The Property shall be subject to such other easement as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefitin or
burdeni�}g the Property shall be construed in a manner consistent with, and not in conflict ith,
the ease�nents created by this Declaration. Such recorded easements include, but are not lim�ted
to, that ceRain Declaration of Easements, Restrictions and Covenants for Stonebay recorde in
the offic�of the County Recorder in and for Hennepin County, Minnesota, on July 29, 20 , as
Documeht No. 8406752. Pursuant to that Declaration of Easernents, Restrictions and Coven ts,
the t�ssociation has the obligation to maintain those unpaved portions of Kelley Parkway 1 ing
within t}�e Common Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexclu ive
easemen�s for storm water drainage in favor of the Owners and Occupants for reasonable st rm
water drainage, and other normal siie drainage, over those parts of the Common Elements w ich
may be designed, 'improved,or graded for such purposes. �
� i 2.1 d Use and Enjoyment Easements. There are nonexclusive easements in favor of he
Owners and Occupants of the Units for use and enjoyment on and across the Comman Eleme ts,
and for �xclusive use and enjoyment of any Limited Common Elements allocated to the U it,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the R les
and Regulations. .
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12.11 Declarant Rights and Easements. The Units and the Common Element are -
subject to exclusive easements and rights in favor of Declarant for the exercise of its decl rant
rights as described in the Governing Documents,and for the periodic inspection of the Unit and
the Common El�ments during any warranty periods and thereafter to review the condition f the i
Property and Building systems and to determine whether Unit and Building mainte ance .
requirements are being followed. �
12.12 Duration, Restrictions, and Use. The rights and easements granted or reserv d by
this Section 12 shall be permanent, shall run with the land unless otherwise expressly indic ted,
and shall be subject to the following qualifications:
12.12.1 i�e easements shall supplement and not limit any easements desc ibed
clsewhere in this Declaration or any oiher recorded instrument
12.12.2 The easements shatl be subject to reasonable regulation by the
Association and shall be subject to such reasonable limitations as to location and ro ting
as may be established by the Association or any governmental authority.
12.]2.3 The easements shall include reasonable access over, under, and a ross
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materifllly restrict or impair any easement benefiti g or
burdenin� .the Property, or any equipment or improvements relating to the ease ent,
subject to this Declaration and the right of ihe Association to impose reasonable ules
and Regulations governing the use of the Property.
12.12.5 No improvements shall be erected or maintained, no excava ion, .
grading or reshaping shall be undertaken, and no fll or other material shall be place , 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 ater
through any drainage easement area.
12.12.6 Persans exercising easement rights shall {i) take reasonable ca to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any da age
' to the Property which they or their caused; (iii) promptly reimburse the Associatio for
i all costs incurred by it for repairing damage to an easement area caused by the Pers or
the Person's invitees; and {iv) hold harrnless, indemnify, and defend the Associa ion,
other Owners, and the officers and directors of the Association, from and agains all
claims, damages, losses, and other liabilities arising out of the exercise of the ease ent
rights.
12.12.7 Declarant's easement rights described in this Declaration hall
terminate when Declarani no longer owns a Unit.
12.12.8 No grant, dedication, or creation of an easement under this Declar ion
shal] constitute a dedication of the easement area or the use thereof to the public, it b ing
the intent of th'is Declaration that the Common Elements be and remain priyate pro rty
MPLS-Word 95281.11 3�
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subject to operation and regulation by the Association, and that the Units be and r main '
;private property subject to operation and regulation by thc respective Owners t ereof
and/or the Association,as applicable,al) in compliance with the Governing Docum�nts.
� 12.13 Restriction on Third Party Easement Grants. Except for Declarant in the e ercise
_ of its rights under this Declaration, and except for the Board in the exercise of authority anted
. by the Governing Documents, no Person sha�l create, grant, qr convey any easem nt or
comp�rable rights upon any portion of the Property without the prior written approval f the
. Baard;provided, that the Board shall authorize an Owner to grant an easement over the O ner's
Unit if(i) the easement will not adversely affect the Common Eiements ar another Unit d {ii)
the ea;sement is consistent with the overall design and plan far the Property as establis ed by
Declarant and approved by the City.
12.14 Continuation and Scope of Easements. Notwethstanding anything i this �
, Declaration to the cantrary, no Owner or Occupant shall be denied reasonable access to his or
her Unit or the right to utility services thereto. The easements set forth in this Section I shall
suppl�ment and not limit any easements described elsewhere in this Declaration or record d, and
shall include reasonable access to the easement areas through the Units and Ehe C mmon
Elements for purposes of maintenance, repair, replacernent, and reconstructian. All ea ement
right$ shatl include a right of reasonable access to maintain, repair, and replace the utili y lines
and related equipment.
. . SECTION 13
.
COMPLIANCE AND REMEDIES
I
Each Owner and Occupant, and any other Person owning or acquiring any intere t in the
Prop�erty, shatl be governed by and comply with the provisions of the Act, the G erning
Docwments, and the Rules and Regulations, and such amendments thereto as may be ma e fram
time, to time, and the decisions of the Association. A failure ta comply shall en itle the �
Assdciation to the relief set forth in this Section,in addition to the rights and remedies au horized
elsew�here by the Governing Documents and the Act.
; 13.1 Entitlement to Relief. The Association may commence legal action to I recover
sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or any .
corn��ination thereof, or an action for any other relief authorized by the Governing Docu ents or
avai7able at law or in equity, Le�al relief may be sought by the Association against an Owner, '
or by an Owner against the Association or another Owner, to enforce comp[iance ith the
Gouerning Documents, the Rules and Regulations, the Act, or the decisions of the Ass ciation.
However,no Owner may withhold any Assessments payable to the Association,or take or amit)
oth�r action in violation of the Governing Documents,the Rules and Regulations,or the ct, as a
me�sure to enforce such Owner's position,or for any other reason. �
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
adr�inistrative or legal, the Association shall have the right, but not the obligation, to i plement
an}�one or more of the following actions against Owners and Occupants andlor their gu sts, who
vio�ate the provisions of the Governing Docuinents,the Rutes and Regutations,or the A t: '
i :
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13.2.1 Commence legal action for damages or equitable relief in any co rt of �
� ,competent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessm nt or
instailment thereof, such interest to accrue beginning on the first day of the onth
following the month for which the Assessment or instaltment was due.
13.2.3 In the event of default of more ihan thirty days in the payrnent f any
, Assessment or instailment thereof, all remaining insfallments of Assessments as essed
against the Unit owned by the defaulting Owner may be accelerated and shall t en be
payable ir� full if all delinquent Assessments or installments thereof, together w th all
attorneys' fees, costs of collection, and late charges, are not paid in full prior o the
; effective date of the acceleration. Not less than ten days advance written notice of the
� effective date of the acceleration shalt be given to the defauiting Owner. .
13.2.4 Impose 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 se any
Common Element amenities;provided,that the suspension of use rights shall not a ply to �
Limited Common Elements or those portions of the Common Elements providing tilities
service and access to the Unit. Such snspensions shall be limited to periods of de ult by
; , such Owners and Occupants in their obligations under the Governing Docuznents, nd for
� up to thirty days thereafter, for each violation. ,
13.2.6 Restore any portions of any Common Elements,Unit,or Limited C mmon
Elements damaged or altered, or allowed to be damaged or altered, by any O ner or �
Occupant or their guests in violation of the Governing Doeuments, and to assess he cost
of such restoration against the responsible Owners and their Units. The Associati n shall
have an easement to carry out its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elem nts in
which, or as to which, a violation or breach of the Governing Documents exist which �
materially affects,or is 3ikely to materially affect in the near future, the heahh or fety of
' the other Owners.or Occupants, or their guests, or the safety or sounclness of an Unit or �
other part of the Property or the property of the Owners or Occupants, and to su marily
abate and remove, at the expense of the offending Owner or Occupant, any s ructure,
thing, or condition in the Common Elements, Unit, or Limited Common Elemen which
is causing the violation; provided, that any improvements which are a part of a nit rnay
be altered or removed only pursuant to a court order or with the agreerrzent of th Owner.
The Association shal] have an easement ta carry out its authority under this Section
13.2.7.
13.2.8 Foreciose any lien arising under the provisions of the G verning
Documents or under law, in the manner provided by the Act.
133 Ri�hts ta Hearin�. ln the case of imposition of any of the remedies auth rized b
Y
Se�tion 7.10.7, 13.2.4, 13.2.5, 132.6, or 13.2.7, the Board shall, upon written requ st of the
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offending Owner, grant to the offending Owner a hearing as contemplated by the Act and.this �
Section 13.3. The hearing may be held before the Soard or a committee of three or ore
disinter�sted Owners appointed by the Board. The offending Owner shall be given notice o the
nature of the violation and the right to a hearing, and at least ten days within which to requ st a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty da of
receipt of the hearing request by the Board/commiTtee, and with ai ieast ten days prior w en
notice td the offending Owner_ If the offending awner faiis to request, or to appear at, the
hearing, then the right to a hearing shall be waived and the Board/committee may take uch
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. he �
decision of the Board/committee and the rules for the conduct of hearings established by the
Board/cc�mmittee, shall be final and binding on al! parties. 1fie Board's/committee's deci ion
shall be delivered in writing to the offending Owner within ten days following.the hearing, i not
delivered to the offender at the hearing. Any fines to be imposed by the Association may, at the . �
Board's/�Committee's discretion,be retroactive to the date of the violation or offense.
(3.4 Lien for Assessments, Char�es, Etc. Any Assessments, charges, fines, expen es,
penalties, or interest imposed under this Section shall be a ]ien against the Unit of the Owne or
Occupanit against whom the same are imposed and the personal obligation of such Owner in the
same m�nner and with the same priority and effect as Assessments under Section 6. The ien
shall attach as of the date of imposition of the remedy, but shall not be final as to violations for
which a hearing is held until the Board makes a written decision at or following the hearing. All
•. remedies shall be cumulative, and the exercise of,or failure to exercise, any remedy shall no be
deemed�waiver of the Association's right to pursue any other remedy.
13.5 Costs of Proceeding and Attornevs' Fees_ With respect to any collec 'on
measures, or any measures ar actian, legal, administrative, or otherwise, which the Associa �on
takes to'enforce the provisions of the Act, the Governing Documents, or the Rules nd
� Regulations, whether or not finally determined by a court or arbitrator, the Association ay
assess the Unit owned by the violator with any expenses incurred in eonnection with s ch
enforcerrxent, including without limitation fines ar charges previous(y imposed by he ,
Associat�on, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on he
delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collectio or
contingency fees or costs charged to the Association by a collection agency or other Per on
acting on,behalf of the Association in collecting any delinquent amounts owed to the Associat on
by an Ov�vner or Occupant. Such collection or contingency fees or eosts shall be the perso al
obligation of the Owner and shall be a lien against the Owner's Unit.
13.6 Liability for Acts of Owners and Occupants. An Qwner shall be liable for he
expense c�f any maintenance, repair, or replacement of the Property rendered necessary by s ch
Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the ext nt
that such expense is not covered by the proceeds of insurance carried by the Association or s ch
Owner or Occupant. However, any insurance deductible amount and/or increase in insura ce
rates, res�ulting from the Owner's acts or omissions may be assessed against the Ow er
responsib9e for the condition and against his or her Unit.
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]3.7 Enforcement bv Owners. The provisions of this Section shall not limit or i pair •
the ind�pendent rights of other Owners to enforce the provisions of the Governing Dacum nts,
the Rules and Regulations,and the Act, as provided therein.
13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
Associa,tion may not commence any judicial or administrative action on behalf of the Ou�ners
(oth2r tihan an actian commenced to enforce the GoverniZg Docnments or the Rules and
Regt:latioris, or to defend ihe Association), without �rst ohtaining the affirmative vate o the
Owners j to which are allocated at least sixty-seven percent of the,votes in the Associatio , in
person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, by
written�allot.
( I SECTIUN 14
AMENDMENTS �
I
1!4.1 Approval Requirements. £xcept for amendments by Declarant pursuan to
Section 16, this Declaration may be amended anly by the approvai o€:
' 14.1.1 The Board;and
'� 14.1.2 The Owners of Units to which are allocated at least sixty-seven perce t�f
the total votes in the Association,except as otherwise provided by the Act;and
' I 14.13 Declarant as to certain amendments as provided in Section 16;and
' 14.1.4 The percentage of Eligible Mortgagees (based upon one vote per nit
finance) as and if eequired by Section l5.
1�.2 Procedures. Approval of the Owners may be obtained in writing or at a mee ing
of the Assoeiation duly held in accordance with the Bylaws. Consents of Eligible Mortga es
and Decllarant, if required, shall be in writing. Any amendment shall be subject to any gre ter
requirements imposed by the Act. The amendment shall be effective when recorded as provi ed
in the Ac,i. An affidavit by the Secretary or the President of the Association as to the outcom of
the vote,'or the execution of the foregoing agreements or consents, shall be adequate evide ce
thereof for a!1 purposes, including without limitation;the recording of the amendment.
I SECTION 15
� RIGHTS OF ELIGIBLE MORTCAGEES
NQtwithstanding anything to the contrary in the Governing Documents, but subject to he
Act or other taws, Eligible Mortgagees shall have the foliowing rights and protections:
1�.l Consent to Certain Amendments. Subject to Declarant's rights under Section 5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units t at
are subje¢t to first mortgages held by Eligible Mortgagees (based upon one vote per U it
financed) shall be required for any amendment ta the Goveming Documents which changes y
MPLS-Word 95281.1 I 34 .
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provision governing the following: {i) voting rights; (ii) increases in an annua] Assessme t of '
more than twenty-five percent over the prior year's annual Assessment;(iii)Assessrnent lie s,or
priority�of Assessment liens; (iv} reductions in reserves for maintenance, repair and replace ent
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocatio of
interests in the Common Elements or Limited Cvmmon Elements, or rights to their use; (vii�
redefini�ion of any Unit boundaries; (viii) canvertibility of Units into Camrnon Elements or vice
versa; (ix) expansion or contraction of the Property or the addition, annexation or withdraw 1 of
property to or from the ProperEy;(x) hazard ar fidelity insurance requirements; (xi) impositi n of
material'restrictions on the leasing.of Units; (xii) imposition of any restrictions on an Ow er's
right to �ell or transfer his or her Unit; (xiii) restoration or repair of the Property(after a ha ard
damage i or partial condemnation) in a manner other than that specified in the Gove ing
Documents; (xiv) any action to terminate the legal status of the Condominium after substa tial
destructipn or condemnation occurs; or (xv) any provisions that expressly benefit Eli 'ble
Mort�ag�es,or insurers or guarantors of mortgages.
' �
15.2 Consent to Certain Actions. Subject to Declarant's rights under Section,Ithe
written censent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units hat
are subj�ct to first mortgages held by Eligible Mortgagees {based upon one vote per nit
financed} shall be required to (i) abandon or terminate the Condominium; (ii} change the
allocatior�s of voting rights,Common Expense obligations or interests in the Common Eleme ts;
(iii) part�tion 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. '
1 S.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without he
prior written approval of the Owner and Eligible Mortgagee thereof,and the Association.
15�.4 No Right of First Refusal. The right of an Owner to sell, transfer, or otherw se
convey hi5 or her Unit shall not be subject to any right of first refusal or similar restrictions.
15,5 Priorit of Lien. Any Person who comes into possession of a Unit by foreclos re
of the first mortgage on a Unit, ar by deed or assignrnent in lieu of foreclosure of the fi st
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 su h
Unit prior''ta the acquisition of possession of the Unit by said Person; {i) except as provided 'n
� Section 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges may e
reallocated among all Units in accordance with their interests in the Common Elements. '
I S.b Prioritv of Taxes and Other Charees. All taxes, assessments and charges whi h
may become iiens prior to the first mortgage under state law shall relate only to the individu 1
Units and rhot to the Property as a whole.
! 15.�7 Priority for Condemnation Awards. No provision of the Governing Documen
shall give n Owner, or any ather party, priority over any rights of the Eligible Mortgagee of t
Unit pursu�nt to its mortgage in the case of a distribution to such Owner of insurance proceeds r
condemnat on awards for losses to or a taking of the Unit and/or the Common Elements. Th
MPLS-Word 952�i1.i 1 35
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Association shaU give written notice to all Eligible Mortgagees of any condemnation or e inent _ '
domai�p proceeding affecting the Property promptly upon receipt af notice from the conde ning
authori;rty.
15.8 � Re�uirements for Management AQreements. The term of any agreeme t for
�: professiflnal management of the Property shall not exceed two years. Any such agreement shall
pravide for termination withaut penalty c; termination fee by either party as iollows: (i} with
cause, upon a minimum of thirty, and a maxamum of forty-five, days prior writien notice, and,
(ii)wit�out cause,upon a minimum of sixty days prior written notice. . �
15.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institui onal
insurer or�uarantor of a mortgage Ioan against a Unit, shall have the right to examine the b oks
and records of the Association upon reasonable notice, during normal business hours, a d to
receive free of charge, upon written request, copies of the Association's annual reports and ther 1
financi�t statements. Financial statements, including those which are audited, shall be avai able
within ne hundred eighty days after the end of the Association's fscal year. FNMA, o�{ any
. Eligibl�Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, ma
Y
requrre',that, at iis own expense, an audit of the Association's financial statements be mad for
the preceding year, in which case the Association shall cooperate in having an audit made nd a .
copy given to the requesting party.
115.10 Notice Repuirements. Upon written request to the Association, identifyin the
' name ap�d address of the holder, insurer.or'guarantor of a mortgage on a Unit, and the nit
number or address,the holder,insurer or guarantor shall be entitled to timely written notice :
I5.I Q.1 a condemnation lass or any casualty loss which affects a material po ian
of the Property or the Unit securing the mortgage;
t 5.10.2 a sixty day delinquency in the payment of Assessments or charges ed
�y the Owner of a Unit on which it holds a mortgage;
15_10_3 a lapse, cancellation or material modification of any insurance p licy
maintained by the Association;and
15.10..4 a proposed action which rec�uires the consent of a specified percenta of
, Eligible Mortgagees. .
I SECT[ON lb
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditiona] authority to exercise the follo ing
special �eclarant rights within the meaning of Section SISB.1-103(32) of the Act for as lon as
it owns� Unit,or for such shorter period as may be specifically indicated:
!b.l ComQlete �mnrovements. To complete each Building, Unit, and o her
improvements indicated on the Plat, ar otherwise incladed in Declarant's developrnent plan or
MP[S-Wor�9szs�.�� 36
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allowe�d by this Declaration, and to make improvements in the Units and Common Elem�nts to '
accommodate the exercise of any special declarant rights. �
� 16.2 RiQhts to Relocate Boundaries, Subdivide Convert or Combine Units. o (i)
relocate the boundanes of any Unit owned by it, or (ii} create additional Units, Co on
Elements, and Limited Common Elements, or any combination thereof, by the subdi ision,
partition, conversion, or combining of any Unit or Units owned by it, as authorized by Act.
The maximum number of additional Units that may be created within ths Condominium p rsuant
to this Section 16.2 is 5.
i6.3 Sales Facilities. To construci, operate, and maintain one or more than one model
Unit, �and other deve}opment, sales, and rental facilities within the Common Elemen , and
withi� any Units owned or leased by Declarant from time to time, located anywhere n the .
. Prape�rty.
� 16.4 Si�ns. To erect and maintain signs and other sales displays offering the U its for
sale dr lease,within any Unit owned by Declarant and on the Common Elements.
' i6.5 Easements. To have and use easements, for Declarant, Declarant's emp oyees,
contr�ctors, representatives, and agents and prospective purchasers, through and o er the
Com�non Elements for the purpose of exercising its special declarant rights. �
' 16.6 Control of Association: To control the operation and administratian of the
, Association, including without limitation the power to appoint and remove the member of the
� Board pursuant to Section 515B.3-103 of the Act, until the earliest of: (i) voluntary surr nder of
cont�ol by Declarant, {ii) an Association meeting which shall be held within sixty da s after
conv�eyance to Owners other than Declarant of seventy-ftve percent of the total number f Units
authorized to be included in the Property, or {iii) the date three years following the dat of the
.first conveyance of a Unit to an Owner other than Declarant. Notwithstanding the foreg 'ng, the
Owners other than Declarant shall have the right to nominate and elect not less than thi y-three �
and one-third percent of the directors at a meeting of the Owners which shall be held wit in sixty �
days; following the conveyance by Declarant of fifty percent of the total number f Units I
authorized to be included in the Property. �
l b.7 Consent to Cectain Amendments. Declarant's written consent shall be equired
for any amendment to the Governing Documents or the Rules and Regulations which di ectly or
inditectly affects Declarant's rights under the Governing Documents or the Act. �
;
SECTION l7
MISCELLANEOUS
17.l . Severabilitv. lf any term, covenant, or provision of this instrument or an exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoev r, such
determination sha}l not be deemed to alter, affect, or impair in any manner whatsoever ny other
portion of this Declaration or exhibits attached hereto. �
� 17,2 Construction. Where applicable, the masculine gender of any word us d herein
sha11 mean the feminine or neutral gender, ar vice versa, and the singular of any w rd used
herein shal] mean the plural, or vice versa. References to the Act, or any sections ther of, shall
MPL;S-Word 95281.11 37
.: • ,• ; ' �
. � .
, . - I
;
be deemed to include any statutes amending or replacing the Act, and the comparable se tions °
thereof.
. , 17.3 Tender of Claims. ln the event that any incident occurs which could reas nably
give rise to_a demand by the Association against Deelarant for indemnification pursuant to the
f1ct, the Associatian shall promptly tender the defense of the action to its insurance carri r, and '
give Deciarant (i) written notice of such tender, {ii) written natice oi the specific nature f the -
action,and(iii)an opportunity to defend against the action.
' 17_4 Notices. Unless s�ecifically provided otherwise in the Governing Docum nts or �
the A�t, all notices required to be given by or to the Association, the Board, the Asso iation
officets, or the Owners or Occupants shall be in writing and shall be effective upo hand
delivety, or mailin� if properly addressed with postage prepaid and deposited in the nited
States mail; excepi that registrations pursuant to Section 2.2 of the Bylaws shall be ef ective
upon�eceipt by the Association.
' 17.5 Conflicts AmonQ Documents. In the event of any conflict among the pro isians �
of the Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall ontrol
anless it permits the documents to control. As among this Declaration, The Bylaws, a d any
Rules and Reg�lations, this Declaration shall control. As between the Bylaws and any Ru es and
Regui'ations, the Bylaws shall control. I
I7.6 Duration of Covenants_ The covenants, conditions, restrictions, easement , )iens,
and Charges contained in this Deciaration shall be perpetuat, subject only to termina ion as
provi�ed in this Declaration and the Act.
. IN WITNESS WHEREOF, the undersigned has execvted this instrument the ay a �
year�rst set forth above.
: O.C. D VEL
' By
Its ie an er •-
STATE OF MINNESOTA )
, } ss. •
COUNTY OF oli►'t. )
The foregoing instrument was acknowledged befare me tris��day of �v i
2007, by Arnold A. Zachman, the Chief Manager of O.C. Development LLC, a Mi esota
limit�d liabiiity company,on behalf of said limited liability company.
i � `
' No ublic
THI$ INSTRUIVIENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FEL'HABER, LARSON, FENLON& VOGT,P.A.
220'South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SCQTTLKRYI�ISKI . .
(613) 373-8418 _ NOTARYeUBUC-MINNESOi
,•:.
MY COlAl�ISSfON IXP�ES JAH.31, tD
MPL$-Word 95281.f t 3 g
, I
i
.F • f`� . '__ ' _ _ ._..
� V I
COMMON INTEREST COMMUNITY NO. 1578 `
Condominium
STONEBAY OF 4RON0 CONDOMINIUM �
I
; EXHIBIT A Tt1 DECLARATION -
i
UNDERLYING LEGAL DESCRIPTION OF TAE PROPERTY
Lot 1,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. �
� I
I
' i
iviPl,.S-Word 95261.t I 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 ' �
' Condomenium
, STQNEBAY OF ORONO C4NDOMtNIUM
I EXl�IBIT B TO DECLARA'I'ION
S��-IEDiJLE OF UN1TS,AND ALLQCATION OF COM1dtON EXPENSES ANd2
; UNDIVIDED INTERESTS 1N THE COMMON ELEMEN'TS
Allocation of Cornmon Expenses and
Un�Identifier Undivided Interests in the Common Elements
' 101 1/57 !
� 102 1/57
103 1/57 �
' 104 1/57
� 105 l/57
106 I/57
� 107 1/57
, 108 1/57 � �
109 1/57
i�a � i�s�
i�i tis�
' 112 1/s7 .
l 13 1/57
� 1]4 1/57
� 115 1/57
� 11b 1/57
117 1/57
� 118 1/57
201 1 i5? '
202 1/57
'203 1/57
i 204 1157
205 • 1/57
'2d6 1/57
,207 t 157
208 1/57
'209 1/57
,2ia vs�
2it vs�
�Zi2 �is�
MPLS-Word 9�281_I I 40
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�
,. �
+ � i
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Altocation of Common Expenses and "
Unit Identitier Undivided Interests in the Common Elements i
� 213 1/57 I
- ' �14 1/57 .
� � 215 1/57
i
216 I/57
i 2l7 ' 1/57 I
, 2t8 1/57 I �
� 2l9 1/57 I i
' 220 1/57
, 301 1l57 I
302 1/57
303 1/S7 I
� 304 1/57 I
' 3fl$ l/57
; 306 1/57
i
307 1/57
' 308 1/57
,� 309 � 1/57
310 . 1/57
; 31 t I/57
, 3l2 1/57
313 1/57
3t4 1/57 .
� 315 1/57
' 316 ' 1/57
; 317 � 1/57
� 318 1l57
' 319 1/57 �
TOTAL: 57/5�(100%)
� I
�
MPLS�Word 9528I.I 1 41
' ' I
� , i,,. � �
. . . �
i4
COMMON IN7'LRES'T COtV1N1UNl'!.'Y NO.NO. ]578 j
Cond��mi�iiun�
' STONEI3AY QP'OHONO CONllOA�1.IVIUM . �
CONSENT BY M().k'1'CAGEE + I
. �
• 1'he undersigned (the "Mortgagee") is a inortgag�e of portions of'the real pr erty •
descril�ed in the attaci�ed Declaration of Stonebay of Orono Condo���inium (the "Declarat'on").
Mortg�gee hereby consents to this Declaration; provided, that by consenting to the Dec;ta tion,
(i) Martgagee does.not in any manner constitute itselJ�or ohligate itselfas a Declarant as d fii2ed
in the�Declaration, (ii) such consent does not modi;Fy or amend tlle tei-uis and conditi�ns f the
Mortgagee's morigage and related Ioan documenls, and (iii) such mort�;age shall remain as lien
on th�property described therein, prior to any liens in�posed iuzder the Declaratioii,untif rel ased
or sati;sfied.
[�(�WITNESS WHERE F, the Mortgagee has caused this Consent to bc execu d on
the '/�(� day of s� , 2007. .
' 141A1NS'1'RL+'E'I' Lif1iVK
I ' B , .
��:
STA�'E OF MINNESOTA ) -
� ) ss. -
COUNTY OF�7(�� ) .
� The foregoing instrwnent was� ack.nowleciged befare ��e this .t g�� ay of
��r,2007, bY .�ct•,�'��.�w— �_, thc .��i �i'' Ui�P of
Mainstreat Bank, a Minnesota bank corpqratson,on behalf of said entity. nrr,•
� • ,
=Notary Public .
THIS 1NSTRUMFNT WAS DRAFTED F37': � ,
Freclrick R. Krictzman, Esq. '
T'ELHABER, LA`fZSON, FENLON & VOG"i', P.A. SCOT7LKRYNSKI
220 South Sixth, Suite 2240 NOTARYPI�LJC—MINNESOTA�
• NY COMMI5SfON EXPlRES JAN.31,26 0
Mir�neapolis, Minnesata 55402 �
(612)373-8418 . �
� . ;
Mrc.&-wo.a vs2ai.i r 42 .
,
i I
,.- 1�•• '
� •-
4 , �
. '
`
COMMON 1NTEREST COMMUNITY NO.N0.1578 `"
� Condnminium .
' � STONEBAY OF ORONO CONDOM]NIUM
' � CONSENT BY MORTGAGEES _
The undersigned (the "Martgagees"} are mortgagees of por#ions of the real pr perty .
described in the attached Declaration of Stonebay of Qrono Condominium (the "Declarat on"). .
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Decla tion,
(i) Mdrtgagees do not in any manner constitute themselves or obligate themselves as Decl rants
as de�ined in the Declaration, (ii) such consent does not modify or amend the te and
condit�ons of the Mortgagees' mortgage and related loan documents, and {iii) such mo gage
shall �emain as a lien on the property described therein, prior to any liens imposed un r the
Declaration,until released or satisfied.
IIN WITNESS WHEREOF, the Mortgagee has caused this Consent to be execu�ed on
the � 7 t� day of Ii�-c�c..c_5 '`" ,2007.
' ��, .�
. Dave
� .
Ra dy Koch
STATE OF MINNESOTA )
) ss.
COCl�NTY OF O� � �s- )
The foregoing instrument was acknowledged before me this /�f� ay of
���k��,2007,by Dave Koch and Randy Koch.
•�w, ROBERTK8US9 � �
� ' NofarY PL6ic , " �r/ `� � 2 o bt. JL ��..�,rr
' � �� Nota Public ry~ c o
� W��+.►an 3�,Zoto �' y ".. ,,.-' r' o--
-t�`.o�r es � �/ �d 6/ U
THIS INSTRUMENT WAS DR.AFTED BY:
Fredrick R. Krietzman,Esq.
FEU�iABER, LARSON, FENLON &VOGT, P.A.
224,�outh S'sxth, Suite 2200
Minneapolis,Minnesota 55402
(61a)373-8418 ,
MPL$-Word 95281J 1 43
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