HomeMy WebLinkAboutCondominium declaration � •
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Doc No 9077550 12720/2007 08:07 AM �
Certified filed and or recorded on above date:
Office of the County Recorder '
, Hennepin County,Minnesota
I Michaei H. Cunniff, County Recorder '
TranslD 363307 Deput 26
, . . Fees
' $35.5 dOC
$i0.5 SUR
$45.5 PLT
S88 THB CIC PLAT FILED 1►S $10.5 SUR
Pl�RT UP THi3 DBCLARATTON $102. 0 Total
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TAXPAYEA SEf�V10ES ,
TAANSFEA ENTERED �
DEC 19 2Q07
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(Above Space Reserved for Recording Data)
COIVIMON INTEREST COMMUNITY NO. 1578
Condorriinium ' '
STONEB�►Y OF ORONO CONDOMINIUM
DECLARATION
' This Declaration is made in the county of--�r�„Gy�,;7, state of Mi�esota, on this
�day of �7vrS�' , 2007,by O.C. Development�LLC,a Minnesota limited liability
company {the "Declarant"), pursuant to the provisions of Mimiesota Statutes Chapter S l5$,
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 County,
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit said
real property and all improvements thereon {collectively the "Property") to the Act as a
condominium,and
WHEREAS, Declarant desires to establish� on .the Property a plan for a permanent
residential comrnunity to be owned, occupied, and operated for the use, health, safety, and
welfare of the Owners and Occupants, and for the purpose of preserving the value,the structurai
. quality, and the original architectural character of the Property,and
WHEREAS, the Property(i) is not subject to a master association as defined in the Ac.t;
(ii} is not subject to an ordinance referred to in Section S15B.1-I�6 of the Act, governing
conversions to common interest ownership; and{iii)does noi include any shoreland as defined in
Minnesota Statutes Section 103F.205.
THEREFORE, Declarant subjecis the Property to this Declaration under the name
"Stonebay of Orono Condominium," consisting of the Units referred to in Section 2, declaring
that this Declaration shall constitute covenants to run with the Property, and that the Property
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shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, ease nts, •
charges, and liens set farth herein, all of which shalt be binding upon all Persons own' g or
. acquiring any right, title, or interest therein, and their heirs,personal representatives, succes ors,
and assigns.
SECTION 1
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� � DEFlN1TIONS
The following words when used in the Governing Documents shali have the following me 'ngs
(unless xhe context indicates otherwise):
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1.1 "Act" means Minnesota Statutes Chapter 5�]SB, known as the Minn ota
Common Interest Ownership Act,as amended. '
1.2 "Assessments" means and refers to all assessments levied by the Associ ion
pursuant to Section 6 and pursuant to the Act,including,but not limited to,an ual
assessments, special assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Associatio , a
nonprofit corporation which has been created pursuant to Minnesota Sta tes
• Chapter 317A and Sectian S15B.3-101 of the Act, whose members consist o all
j �wners.
� 11.4 "Board" means the Board of Directors of the Association as proyided for.in the
Bylaws. �
1!5 "Buildins" means each stn,cture which is or becomes a part of the Property nd
which contains at least one Unit.
l;6 "Bylaws" means the Bylaws governing the operation of the Association,, as
' amended from time to time.
� 1.7 "Citv„means the city of Orono, Minnesota.
1.�8 "Common Elements" means ali parts of the Property except the Units, includ ng
al] improvements thereon.
1.9 "Common Expenses"means all expenditures made or liabilities incurred by or on
! behalf of the Association and incident to its operation, including Assessments 'nd
items otherwise identified as Common Expenses in the Governing Documents.
1.10 "Condominium" means the condominium created by this Declaration and kno n
' as Stonebay of Orono Condominium.
1.11 "Declarani Control Period"means.the time period during which Declarant has he
I exclusive right to appoint the members of the Board,as described in Section !6.
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f.12 "Eli�ible M�rtsaQee" means any Person which owns a first moctgage on a Unit � �
and which has requested in writing that the Association notify it regarding any �
proposed action which requires approval by a specified percentage of Eligible
� Mortgagees.
1.13 "Governin� Documents" means this Declara:ion, the �ylaws, and the Articles of
Incorporation of the Association, as those docurnents may be arnended from time
to time,all of which shall govern the use and operation of the Property.
I.14 "Limited Common Elements"means a portion of the Common Elements allocated
by this Deciaration or by operation of Section S I SB2-102(d) or(fl of the Act for
the exclusive use of one or more but fewer than a11 of the Units.
1.1 S "Member"means a Person who is a member of the Association by virtue of being �
an Owner as defined in this Declaration. The words"Owner"and"Member"may
be used interchangeably in the Governing Documents.
1.16 "Occunant"means a Person,other than an Owner, in possession of,or residing in,
a Unit. �
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for deed
vendors,a mortgagee, a holder of a remainder interest or a reversionary interest in
I a life estate, and any other secured parties within the meaning of the Act. The
. term "Owner" inciudes, without limitation, a contract for �deed vendee, and a
.holder of a life estate.
1.18 "Person"means a natural individual, a corporation, a limited liability company, a
partnership,a trustee, or other legal entity capable of holding title to real property. �
1.]9 "Plat" means one or more than one recorded plat depicting the Property pursuant
to the requirements of Section 51 SB.2-110(c) of the Act, and satisfying the
requirements of Minnesota Statutes Chapter 505, 50$, or 508A, as applicable, ,
including any amended or supplemental Plat recorded from time to time in
accordance with the Act. �
1.20 "ProaeRv" means all of the real property subjected to this Declaration,now or in
the future, including all structures and improvements located thereon. The
Properry is legally described in Exhibit A attached hereta
121 "Rules and Re�u3ations" means the Rutes and Regulations of the Association as
approved from time to time pursuant to Section 5.6. '
1.22 "Unit" means a part of the Property within a Building other than the Common
Elements, including one or more than one room or enclosed space designed and
intended for separate ownership and use, alI as described in Section 2 and shown
an the Pfat.
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The ternls used in the Governing Documents,and defined in the Act and not in this Section, Ihall '
have th meaning set forth in the Act. References to section numbers in this Declaration �hall
refer t��ections of this Declaration,unless otherwise indicated.
- SECTION 2
DESCRIPTION OF UNITS, $OUNDARIES,AND RELATED EASEMENTS
2':1 Units. There are fifty-seven Units, subject to the right of Declarant to subdi ide
and convert Units pursuant to Section i6. Al] Units are restricted exclusively to residential se.
Each Unit constitutes a separate parcel of real estate. No portion af a Unit shall be transferre or
� otherwis� conveyed apart from any other portions of a Unit. Subject to Declarant's ri hts
pursuant to Section l.b, no additional Units rr►ay be created by the subdivision or conversio of
Units pu�suant to Section 51 SB.2-112 of the Act. The Unit identifiers and locations of the U its
are as shbwn on the Plat, which is incorporated herein by reference. A schedule of the Uni is
set forth in Exhibit B attached hereto.
2.I'2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinis ed
surfaces of i#s perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling tex re,
- tiles, floo�r coverings, and other finishing materials adhered to the interior of the Unit bounda 'es
shalt be a part.of the Unit; provided, that any load bearing portions of any interior or perim ter
� walls, columns, ceilings, or floors, and any common utiIity lines, pipes, ductwork, mechani al;
electrical; or plumbing systems, oF other common facitities serving more than one Unit, ut
located in or passing through a Unet, shatl be Common Elernents. The boundaries of each nit
shall also extend along the inside unfinished surfaces of the Unit's perimeter doors and windo s,
and their��frarnes, and said perimeter doors, windows, and frames, and their hardware, sha1C be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section nd
Section a, all spaces, interior partitions, and other fixtures and improvements within he
boundaries of a Unit are a part of the Unit.
2.3 Apnurtenant Easements. The Units and the Common Elements shall be subjec to
- and benef�ted by the easements described in Section 12. i
' SECTION 3 '
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' COMMON ELEMENTS, LIM[TED COMMOY ELEMENTS,
AND OTNER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
� follows: �
3.1.1 All of the Praperty not included within the Units constitutes Comm n
Ei�ments. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration,on the Plat,or in the Act;
3.1.2 The Common Elements shall be subject to (i) certain easements a d
restrictions as described in this Declaration and any other easements recorded against t e
Common Elements; (ii) the rights of Owners and Occupants in Limited Comm n
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Elements appurtenant to their respective Units; and {iii) the right �f the Association to .
establish reasonable Rules and Regulations governing the use of the Property; �
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3.1.3 Except as otherwise expressly provided in the Governing Documents, (i)
no irrsprovement, modification, construction, or change of the Common Elements shali
take place by an Owner or Oc�upantJwithout prior written authorization by the Board and
(ii)aIl maintenance,repair,replacement, improvement, management, and operation of the
Common Elements shall he the respansibility of the Association;and
3.t.4 Common Expenses for the maintenance, repair, rep]acement,
management, and operation of the Cammon Elements shall be assessed and collected
from the Owners in accorcEance with Section 6.
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� 3.2 Limited Common Elements. The Lirnited Common Elements are those parts of �
the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units �
to which they are allocated, as described in this Declaration and ihe Act. The rights to the use �
and enjoyment of the Limited Common Elements are automatically conveyed with the .
conveyance of such Units. The Limited Common Elements are described and allocated to the
Units as follows:
� 3.2_1 Those items or areas designated asr Limited Common Elernents on the Plat
or by the Act are allocated as indicated therein.
� �3.2.2 Improvements, if any, such as decks, patios, porches, balconies, shutters,
awnings, perimeter windows and doors, window screens, wSndow boxes, sleeves and
fittings surrounding window air conditioning units, chimneys, driveways, walks,
doorsteps and stoops, constructed as part of the original construction to serve a single
Unit or Units, and replacernents and modifications thereof authorized pursuant to Section
7.10, located wholly or partially outside the Unit boundaries,are allocated exclusively to
the Unit or Units which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utiliry
installations, bearing walls, bearing columns, or any other components or fixtures lying '
partially within and partially outside the boundaries of a Unit, and serving only that Unit,
. are allocated to the Unit which they serve. Any portion of such installations serving or
affecting the function of more than one Unit or any portion of t4�e Common Elements is a
part of the Common Elements,but is not a Limited Common Eiement. ,
3.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than one Unit, and located wholly or partially outside the�oundaries of one or more than
one Unit, are Limited Coinmon Elements allocated to each Unit served by such
equipment.
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SECTION 4 I�' .
', ASSOCIATION MEMBERSHIP: RIGHTS AND 4BLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the �otes .
in the taissociation, a.portion of the Common Expenses, and a portian of the undivided inte ests
in the Cbmmon Elements,sball be governed by the fallowing proyisions:
4.l Membershin. Each Owner shall be a Member solely by reason of owning a nit, ,
and the rnembership shali be transferred with the conveyance of the Owner's interest in the nit.
An Owner's membership shali terminate when the Owner's ownership terminates. �Vhen ore
than one Person is an Owner of a Unit,al! such Persons shal! be members of the Association but . '
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit nor �
authorize the division of the voting rights. �
4.2 Allocation of Votin Ri hts Common Ex enses and Undivided lnter sts. �
Common Expense obligations and undivided interests in the Common Elements are alloc ted !
equally mong the Units, subject to the Association's right to levy limited Assessments u der I
Section 6.4. Each Unit shall have one vote with respect to matters in which the Owner are
entitled o vote.
. .3 Appurtenant Ri�hts and Obli�ations. The ownership of a Unit shall includ the
voting 'ghts and Common Expense obligations described in Section 4.2. Said tights 'iand
. obligatidns, and the title to the Units, shall not be separated or�conveyed separately, and;any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a nit,
separate from the title to the Unit shall be void. The allocation of the rights and obfigat ons
described in this Section may not be changed, except in accordance with the Gove ing
Documerits and the Act.
4.4 Authority to Vote. The Owner,or some natural Person designated to act as p xy �
on behalf of the Owner,and who need not be an Owner, may cast the vote allocated to such nit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the O ner
or other Person designated pursuant to the provisions of the Bylaws may cast such vote. he
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 ,
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ADMINISTRATION
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The administration and operation of the Association and the Property, including, but not
l;mited tfl, the acts required of the Association, shall be governed by the following provisians:,
5 I General. The operation and administration of the Association and the Prop�rty
shall be ovemed by the Governing Documents, the Rnles and Regulations, and the Act. he
Associat�on shall, subject to the rights of the Owners set forth in the Goveming Documents nd
the Act,',be responsible for the operation, management, and control of the Property. he
Associati�on shall have all powers described in the Governing Documents,the Act and the sta ute
under which the Association is incorporated. All power and authority of the Association shal be
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' vested in the Board, unless action or approval by the individual Owners is specifically required •
by the Goveming Documents or the Act. All references to the Association shall mean the
Association acting through the Board,unless specifically stated to the contrary.
5.2 Oaerational Purqoses. The Association shall aperate and manage the Property for
the purposes of{i) administering and enforcing the covenants, restrictions, easements, charges,
and liens�set forth in�the Governing Documenis and t�e Rules an� Regulations, (ii)maintaining,
repairing, and replacing those portions of the Property and other property for w�ich it is
responsible, and(iii) preservin� the value, and the architectural uniformity and character, of the
Property.
5_3 Bindin� Effect of Actions. All agreements and determinations made by the
Association in accordance with the powers and voting rights established by the Governing
Docurnents or the Act shall be binding upon all Owners and Occupants,and their lessees, guests,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in the
Act.
5.4 Bylaws_ The Association shall have Bylaws. The Bytaws shall govern the
operation and administration of the Association, and shall be binding on all Owners and
Occupants.
5.5 Mana�ement. The Board may delegate to a manager or managing agent the
management duties imposed upon the Association's offcers and directors by the Governing
Documents and the Act. However,such delegation shall not relieve the officers and directors of
the ultimate responsibility for the performance of their duties as prescribed by the Governing
Documents and by law.
5.6 Rules and Regulations. T'he Board shall have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for
the purpose of operating and administering the affairs of the Association and.regulating the use
of the Property; provided, that the Rules and Regulations shall not be inconsistent with the
Governing Documents or the Act_ The inclusion in other paRs of the Governing Documents of
authority to approve Rules and Regulations shal] be deemed to be in furtherance, and not in
limitation,of the authority granted by this Section. New or amended Rules and Regulations shall
be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds. All funds and real or personal property
acquired by the Association shall be held and used for the benefit of the Owners for the purposes
� stated in the Goveming Documents. Surplus funds remaining after payment of or provision for
Common Expenses and reserves shall be credited against future Assessments or added to
reserves,as determined by the Board.
S.$ Resale Disclosure Certi�cates. Pursuant to Section 515B.4-107 of the Act, in the
event of a resale of a Unit by an Owner oiher than Declarant, that Owner shall furnish to the
purchaser a resale disclosure certificate containing the information required by Section S 15B.4-
107(b) of the Act. Pursuant to Section 5]SB.4-107(d) of the Act, the Association shall, within
ten days (or within such other relevant timeframe set forth in the Act) after a request by an
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Association may charge a reasonable fee for furnishing the resale disclosure certificate an any
documents related thereto.
SECTION 6 I
AUSESSMENTS
6.1 General. Assessments shall be determined and assessed against the Units b the •
Board, ih its discretion,subject to the requirements and procedures set forth in this S�ction 6�and
the Bylaiws. Assessments shall include annual Assessments under Section 6.2, and may in ude
special Assessments unde� Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shali be at(ocated among the Units in accordance with the alloc tion
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be altocat d to i
Units as set forth in that Section.
E.2 Annual Assessments. Annual Assessments shall be established and levied b ' the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover a 1 of
the anticipated Common Expenses of the Association for that year which are to be shared eq ally
. by all Units in accordance with the allocation set forth in Section 4.2. Annual Assessments hall
be payable in equal monthSy or quarterly insiallments, as determined by the Board. An ual
Assessments shall provide, among other things, for an adequate reserve fund for the replace ent
of those,parts of the Common Elements and those parts of the Units for which the Associati n is
responsi�le, except to the extent that the replacement is funded by limited Assessments purs ant
to Sectibn 6.4. Until ihe first annual Assessment is levied, Declarant shal! pay all Com on
Expenses.
6.3 Special Assessments. In addition to annual Assessments, and subject to the • -
limitations set forth hereafter, the Board may levy in any Assessment year a special Assess ent
against �ll Units in accordance with the allocation set forth in Section 4.2_ Among other thi gs,
special ,�ssessments shall be used for ihe purpose of defraying in whole or in part (i) the co t of
any unforeseen and unbudgeted Comrnon Expense, {ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Praperty,and (iii) the maintenance, re air, , i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments. In additian to annual Assessments and sp cial
Assessrr�ents,the Board has the authority to(and, in certain instances set forth in this Section 6_4,
- shall) leivy and allocate limited Assessments among only certain Units in accordance wit the
foltowing requirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, repair or
replacement of a Limited Common Element shall be assessed exclusivety against ach
llnit or Units to which that Limited Common Element is assigned, equally or by the ost
per Unit. �
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, a the
Board's discretion,be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessrrzents and special Assessments,the Board has -
the authority to {and, in certain instances set forth in this Section 6_4, shall) levy and
' allocate iimited Assessments among only certain Units in accordance with the following
requirements and procedures.
. " 6.4.4 The costs of insurance may be assessed in proportion of the sqnare foatage
or actuai cost per Unit.
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� b.4.S Reasonable attomeys' fees and other costs incurred by the Association in
; connection with (i) the collection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an Owner or
Occupant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, .fines, and interest may be assessed as provided in
Section 14.
6.4.7 Assessments levied under Section S 15B.3-116(a) of the Act to pay a
jud�ment against the Association may be levied only against the Units existing at the
time the judgment was entered, in proportion to theiF Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is caused by the
act or ornission of any Owner or Occupant, or their guests•or invitees, the Association
� may assess the costs of repairing the damage, br any increase in insurance rates directly
attributable to the Act or omission,�xclusively against the Owner's Unit to the extent that
- the damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose authorized
by the Ac4, Assessments and ariy installment thereof not yet due shall be recalculated in
accordance with the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.1 Ehrough 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.l or 6.2: '
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� 6.5 Workin�Cavital Fund. There shall be established a working capital fund to meet • °
unforeseen expenditures or to purchase additionat equipment or services for the Association. �
The Board may include in each subsequent annual budget a reasonable amount of working
capital,hased upon the anticipated needs of the Association for the year in question. There shall
be contributed by the purchaser of a Unit, on a one-time basis apon the initial sale of each Unit
by Declarant, an amount equal to four monthly installments of the estimated annual Assessment
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 tennination of the Declarant Control Period. The
contributions to this fund are in addition to the regular installments of annua� Assessments, and
shal! not be a credit to the regular installments of annual Assessments levied against the
respective Unit. The funds sha41 be deposited into a s�gregated Association account no later than
the termination of the Declarant Control Period. Funds deposited in said account shall not be
used to defray any of Declarant's expenses, reserve contrihutions or construetion costs, nor to
make up any budget deficits during the Declarant Control Period. However, upon the closing of
the initial sale of a Unit, Declarant may reimburse itself from funds cotlected from the purchaser
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at the closing for any prior contributions made by Dec)arant to the working capital fund ith -
respect to that Unit.
6.6 LiabilitY of Owners for Assessments. Subject to Section 6.7, the obligation f an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the 0 er
acquires titie to the Unit or(ii) the due 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 shal be �
personalty liable .for the share of the Common Expenses assessed against such Unit, uch
, liahility shall be joint and several where there are multiple Owners of the Uni� The liabili is
absolute and unconditional. No Owner is exempt from liabiIity for payrnent of Assessment by.
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence fro or
abandonment of the Unit, by the waiver of any other rights, or by reason of any.claim ag inst
. Declarant, the Association, or the Association's officers, directors, or agents, or for their fai ure
to fulfill any duties under the Governing Documents or the Act. �
b_7 Declarant's Alternative Assessment Pro ram. The following altem tive
Assessment program is established pursuant to Section S 15B.3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Documen , if
an Assessment has been Jevied, Declarant may elect to have any unsold Unit owned y it
� assessed at the rate of twenty-five percent of tlie Assessments (exclusive of replace ent
reserves) levied on that Unit and other Units of the same type until a final certificat of
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
6.7.2 'The provisions of Section 6.7.1 shall not affect the share of replace ent
reserves for Units owned by Declarant, which reserves must be funded by Declaran as
required by Section S 15B.3-] E 5 of the�Act. However, there are no assurances hat
Declarant's reduced Assessment obligations will not affect the level of services for o her
items set forth in the Association's budget.
6.7.3 Declarant's reduced assessment obligation shal) apply to each Unit o ed
by Declarant at the time that any Assessment is levied against the Unit, and s all
terminate wiih respect to each such Unit upon the issuance of a fina] certificat of
• occupancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, wi hin
sixty days following the termination of the Declarant Control Period, to make up ny
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Association has a lien on a Unit for any Assessment le ied
against that Unit from the time the Assessment becomes due. If an Assessment is payabl in
installments, the full amount of the Assessment is a lien from the time the first install ent
thereof tiecomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B.3-102(a)(10), (1 l), and (12) of the Act are liens, and are
enforceable as Assessments, under this Section 5. Recording of this Declaration consti tes
. record notice and perfection of any lien under this Section 6, and no further recordation of ny
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notice of or claim for Che )ien is required. The release of the lien shall not release the Owner _
from personai liability uniess agreed to in writing by the Association.
6.9 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed
against a Unit under the taws of the state of Minnesota(i)by action, or(ii) by advertisement in a ,
like manner �as a mortgage containing a power of sale. The Association, or its authorized •
representative, shall have the power to bid in at the foreclosure sale and #o acquire, hold, lease, -
mortgage, and convey,any Unit so acquired. The Owner and any other Person claiming an
interest in the Unit, by the acceptance or assertian of any interest in the Unit, grants to the
Association a power of sate and full authority ta accomplish the foreclosure. The Association
• shall, in addition to its other remedies, have the right to pursve any other remedy at law or in
equity against the Owner who fails to pay any Assessment.or charge against the Unit. �
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all other liens and
encumbrances on a Unit except(i) liens and encumbrances recorded before this Declaration, {ii)
any first mort�age on 1he Unit, and (iii) liens for real estate taxes and other governmental '
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording of
, this Declaration,and (iii) the Owner of the Unit does not redeem from the foreclosure during the
I Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take �
title ta the Unit subject Eo a lien in favor of the Association for unpaid Assessments or
instaliments thereof levied pursaant to Sections SISB.3-1 LS(a), {e)(l) to (3), (�, and (i) of the
Act wfiich hecame due, without acceleration, during the six months immediately preceding the
first day followi�g the end of the Owner's period of redemption.
6.13 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
other charges and fees which would normally be levied against the Common Elements by
governmental authorities, shall be allocated equally among and levied against the Units, and
shall be�a lien against each Unit in the same manner as a lien for real estate taxes and real estate
special assessments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conveyance �
of a Unit the buyer shall not be persona)ly liable for any unpaid Assessments and other charges �
made by the Association against the seller or the selier's Unit prior to the time of conveyance to
� the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shail
remain against the Unit until released. Any seller or buyer shall be entitled to a statement, in
recordable form, from the Association setting forth the amount of the unpaid Assessments
against the Unii, including all Assessments payable in the Association's carrent fiscal year,
which statement shall be binding on the Association, the seller,and the buyer.
SECTION 7
RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants,and ail secured parties, by their acceptance or assertion of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to
MPLS-Word 95281.11 1�
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any other restrictions which may be imposed by the Act or the Goveming Documents the -
occupancy, use, operation, alienation, and conveyance of the Property shall be subject t the
followirig restrictions and conditions:
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7.1 General. The Property shail be owned, conveyed, encumbered, leased, used, and
occupi�d sabject to th� Governing Documents and the Act,as amended from t�me to time. All
covenants, restrictions, and obligations set forth in the Goveming Documents are in furthe nce
of a plan for the Property, and shatl run with the Property and be a burden and benefit t all
Owners and Occupants and to any other Person acquiring or owning an interest in the.Prop rty,
their heits,personal representatives,successors,and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or conv rted
by Declarant pursuant to Section .1b.2, a Unit may not be subdivided or converted by the O .ner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof Except as permitted by the Act, no part of the Common Elements ma be
subdivid d, partitioned, or converted without the prior written approval of all Owners an all
secured �arties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and eir
guests exclusively as private, single family residential dwellings, and not for transient, h tel,
commercial, business,or other non-residential purposes, except as provided in Section 7.4. ny
lease of a Unit (except for occupancy by guests with the consent of the Owner, and excep for
leasing df Units owed by Declarant) for a period of less than twelve months or any occupalncy
which includes services customarily furnished to hotel guests, shall be presumed to be for
transient purposes. , .
7.4 Business Use Restricted. No business, trade, occupation, or profession of y
� kind, whether carried on for proft or otherwise, shall be conducted, maintained, or permitte in
any Unit,or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a h �me
occupation in such Unit;provided, that such use (i)is incidental to the residential use;(ii) i
does not involve physical alteration or improvement of the Unit visible from the exte 'or
of the Unit; (iii) is in compliance with all governmentat laws, ordinances, d j
regulations; (iv) does not involve observable business activity such as signs, adverti ing �
d�splays, unusual numbers of deliveries, or unusual levels of pedestrian or_ vehic�lar
i traffic to and from the Unit; {v) does not involve employees, independent contractors or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not othe ise
involve activity which disturbs the quiet enjoyment of the Property by other Owne or .
Occupants_
I 7.4.2 Declarant may maintain offices,models,sales facilities,and other busin ss
fa;Cilities on the Property in connection with the exercise of its special Declarant rights.
' 7.43 The Association may maintain offices on the Property for managem nt
and related purposes. ,
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7.5 LeasinQ. Leasing of Units shall be allowed (subjeet to reasonable regulation by �
the Association) but only in accordance with the following conditions: (i) no Unit may be
subleased, (ii) a Unit must be Ieased in its entirety (not by room), (iii) the lease shall be in
writing, {iv) unless otherwise required in connection with the financing,guarantee,or insuring of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be for a
_ p�riod less than twelve months, except for extenuating situations, (v) the lease shall provide that
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and tbat any
failure of the lessee to comply with the terms of such documents shall be a default under the
lease, and (vi) prior to occupancy of the� Unit by the�lessee{s), the Association shall receive a
copy of the fully-signed lease along with a written list of the name and telephone number of each
Person who will occupy the Unit under the Iease,and the absentee address of the leasing Owner.
The �lssociation may impose such reasonable Rules and Regulations as may be necessary to •
implement 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 lease to
assure that the rights and authority of the Association and Owners and Occupants are recognized, '
and (ii) a requirement for the screening of lessees through a reputable, professional screening
organization; provided,that such screening shall not violate federal, state, or local discrimination
laws.
7.6. DeleQation of Use. An Owner's right of use and enjoyment of the Unit shall be
automatically delegated to other persons living in the Unit pursuant to a legal right of possession;
provided, that such persons shall be subject to the Governing Documents and che Rules and
Regulations. Unless otherwise authorized in writing by the Board, if persons �other than the
Owner or the Owner's family (e.g., ]essees) have been given the legal right to possess the
Owner's Unit, ihen those persons sha11 have the right to use any recreational facilities, parking,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Owner
and the Owner's family.
� 7.7 ParkinQ. There are ninety-five Common Element vehicle garage stalls
(collectively the "Stalls," and individually a "Stall") in the lower level of the Building. The '
Stalls and other parking spaces on the Property sha11 be used only for parking of vehicles owned
or leased by Owners and Occupants, and such other incidental uses as may be authorized in
writing by the Association. A Stall shall not be converted to other uses or used for storage or
other purposes which would prevent the parking of a mid-size automobile in the Stall, except 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 thereon,
shall be subject to regulation by the Association, including, but not limited to, the right of 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
transfer of the Stalls shalE be administered, in accordance with this Section 7.8. The following
conditions and restrictions shall govem the assignment,use,and transfer of the Stalls.
7.8.I The initial assignment of a Stall to a Unit sha}l be made by the Association
as directed by Declarant at the time of the first conveyance of the Unit by Declarant.
Upon the closing of the initial sale of a Unit, the Association shall, as directed by
Declarant,assign to the Unit the exclusive right and license to use at least one Stail. Each
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Stall assigned by the Association shall be deemed to be licensed and assigned b the .
ssociation to the Unit to which it is assigned. After a!1 Units owned by Declarant ave i
b en conveyed, any unassigned Stalls shall be deemed to be assigned to the Associa ion,
� a d may be reserved for guests of Owners and Occupants, for handicapped parkin , or
f r rental or assignment by the Association to Owners or Occupants,as determined b the
B�ard. The Association may, after Deciarant no longer owns any Unit, rent or othe ise
a�sign any unassigned Stalls to Owners or Occupants. .
7.82 The use rights with respect to each Stall shall be deemed to be lice sed
exclusi�+ely to the Owner of the Unit to which the Sta1( is assigned. The Association s all
rr�aintain records identifying the Stalls, the Units to which they are assigned,the.name of
thle Owners of the Units, and the dates of assignment and any reassignments. A wri en
certificate of garage stall assignment(the"Garage Certificate"}sha]1 be signed and d ted �
on behalf of the Association and made available for delivery on the date the O ner
a qu�res title to the Unit to which the Stall is assigned. The Association shall not.
u�ilaterally reassign any Stall assi�ned to a Unit, except for handicapped tall
a�s�gnments which may be unilaterally transferred by the Association to accommo ate
le ally handicapped persons.
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7.8.3 A Stall shall remain with the Unit to which is it assigned unti] the lice se
is transferred in accordance with this Section 7_8.3. Subject to Section 7.8.2, a S a1l
li ense may be transferred to another Unit,but only by first delivering to the Associa 'on
(i�a written transfer certificate, in a form.approved_by the Association, signed by !the
transferor and the ttansferee, and (ii) all prior Garage Certificates and copies ther of
� issued with respect to the Statl. The Association shall review the proposed�tran fer
• ce�tificate for compliance with this Section 7 and, if the transfer complies, e
A�sociation shal] transfer the license on its records to the Unit owned by the transfe ed
an'd issue a new Garage Certificate to the transferee. The license to use the Sfall s all
remain with the Owner and the Unit to which it is assigned until the license is transfe ee
in accordance with this Section 7.8. In the absence of a properly executed assignmen to
th� contrary, the license to use a Stall assigned to a Unit at the time of the Un t's
conveyance shalt be automatically assigned with the conveyance of title to the Unit. I.
7.8_4 An Owner may rent or allow the use of the Stall assigned to his or her U it
on�y to or by other Owners and Occupants. The lease or other use right shall be'in
� w tten form, and shall terminate when the lessor, lessee, or other user is no ]onger n
Owner or Occupant, regardless af the terms of any agreement to the contrary. e
Owner shall give the Association advance written notice of any lease or use agreem nt
wi�h respect to the Stal3 assigned to that Owner's Unit,and shal] promptly provide a co y
of the lease or use agreement to the Association. The Association may hold,reassign t e .
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for t e
I Stalls reserved for use by Owners.
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7.8.5 The interest of a secured party holding a first lien or other security int�r st
on a Unit shall include the license to any Stall which is assigned to the Unit, and s id
rights shall be included within ihe secured party's interest acquired in the event o a
for�closure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignrnent, transfer, or purported transfer of •
any interest in a Stali in violation of this Section 7.8 shall be void:
7.8.7 The use of the Stalis, and the size and types of cars and other motorized
vehicles which may be kept in a Stall, are subject to RuEes and Regulations as approved
from time to time by the Board. �
7.9 StaraQe Spaces. There are ninety Common Element storage spaces located in the
l�wer Ievel of the Building (collectively the "Storage Spaces," and individually a "Storage
Space"). T'he assignment of the Storage Spaces, and the operation and transfer of the Storage
Spaces,shall be administered in accordance with this Section 7.9. The following conditions and
restrictions shal!govern the assignment,use,and transfer of the Storage Spaces.
' � 7.9.1 The initia] assignment of a Storage Space to a Unit shall be made by the
Association as directed by Deciarant at the time of the first conveyance of the Unit by ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as directed
by Declarant, assign to the Unit the exclusive right and license to use at least one Storage
Space. Each Storage Space assigned by the Association shall be deemed to be licensed
and assigned by the Association to the Unit to which it is assigned. After all Units owned
by Declarant have been conveyed, any unassigned Storage Spaces shall be deemed to be
assigned to the Association. The Association may, after Declarant no longer owns any
Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
7.9.2 The use rights with respect to each Sterage Space shall be deemed to be
licensed exclusively to the Owner of the Unit to which the Storage Space is assigned.
The Association shall maintain records identifying the Siorage.Spaces, the Units to which
they are assigned, the names of the Owners of the Units, and the dates of assignment and
any reassignments. A written certificate of Storage Space assignment {the "Storage
Certificate") shall be signed and dated on behalf of the Association and made available
for delivery on the date the Owner acquires title to the Unit to which the Storage Space is
assigned; provided, that the Owner has been assigned a Storage Space. The Associatian '
shal{ not unilaterally reassign any Storage Space assigned to a Unit. �
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7.9.3 A Storage Space license shall remain with the Unit to which it is assigned
until the license is transferred in accordance with this Section 7.93_ .Subject to Section
7.9.2, a Storage Space may be transferred to anather Unit, but only by first delivering to
the Association (i) a written transfer certi�cate, in a form approved by the Association,
signed by the transferor and transferee, and (ii) all prior Storage Certificates and copies
thereof, issued witt� respect to the Storage Space. The Association shall review the
proposed transfer for compliance with this Section 7.9 and, if the transfer complies, the
Association shap transfer the license on its records to the Unit owned by the transferee
and issue a new Storage CertiFcate to the transferee. The license to use the Storage
Space shall rernain with the Owner and Unit to which it is transferred until the license is
. transferred in accordance witti ihis Section 7.9. In the absence of a properly executed
assignment to the contrary, the license to use a Storage Space assigned to a Unit at the
time of the Unit's conveyance shall be automatically assigned with the conveyance of
title.to the Unit.
MPLS-�Vord 9528t.11 1 5
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned t his
c�r her Unit only to or by other Owners and Occupants. The lease or ather use right hal(
l�e in written form, and shall terminate when the lessor, lessee, or other user is no lo'�er
a�n Owner or Occupant, regardless of the terms of any agreement to the contrary. e
� dwner shail give the Association advance wricten notice of any lease or use agree ent
with respect�to the Storage Soace assigned to that Owner's Unii, and shail pro tly
provide a copy of the lease or use agreement to the Association. The Association ay
hold, reassign the license for, or rent, a Storage Space assigned to it in the same ma ner
s an Owner, except for the Storage Spaces reserv�d for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security int est
dn a Unit shall include the license to any Storage Space which is assigned to the Unit, nd
said rights shall be included within the secured paRy's interest acquired in the event f a
foreclosure of the lien or other security interest.
7.9.6 Any license, ]ease, rental, assignment, transfer, or purported transfe of -
any interest in a Storage Space in violation of this Section 7.9 shall be void. .
" 7.9.7 The use of the Storage Spaces, and the items that may be stored in the.
Storage Spaces, are subject to Rules and Regulations as approved from time to tim by
the Board.
7,-10 Animals. The Board shall have the exclusive authority to regulate or prohibit�by �
' � � the Rulel and Regulations, the keeping of animals on the Property; provided,that the Board �ay �
only perknit dogs (except Rottweiilers, Pitbulls, or poberman Pinschers),cats, small birds, s all �
fish, and other animals generally recagnized as domestic household pets (collectively referre to �
as"pets")to be kept on the Property, subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulat or
Frohibit pets on the Property, including, but not Iimited to, the type, size, and numbe of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, o as
s atutorily authorized "service animals" by handicapped persons, and not for any o her
p rpose. No animal of any kind shall be raised or bred, or kept for busines or
c mmercial purposes,by any Person upon any part of the Property. '
7.10.3 Pets shal! not be allowed to make an unreasonable amount of noise, o to
become a nuisance or a threat to the safety of Owners,Occupants,and their guests,
7.10.4 Pets shall be housed only within Units, and �ot within the Com on
Elements. No structure, fence, or ericlosure for the care, housing, or confinement of ny
p�t shall be constructed or maintained on any part of the Common Elements or in ny
part of a Unit that affects or may affect another Unit or the Common Elements.
7.l 0.5 Pets shall be under control of an adult individual at all times when out ide
of the Unit.
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! 7.10.6 Owners and Occupants keeping pets within their Units are responsible for -
' the pet's behavior and for complying with municipal pet Iaws,, ordinances, and
� regu3ations. An Owner is liable to the Association for the cost of repair of any damage to
ihe Property,or the damages and expenses associated with any persona! injury,caused by �
� an anima� (i) kept by that Owner on the Property, (ii) kept on the Property by an •
' Oc�upant of that Owner's Unit,or(iii)brought upon the Property by a guest or invitee of
that Owner or that Occupant. The owner of that animal {ii not that Owner}shall also be
liahle for.such costs,damages,and expenses.
7.10.7 The Board shall have authority to deterrnine in its sole and absolute
discretion whether a particular pet shall be permanently removed from the Prope�ty based
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Section 7,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any additional
restrictions approved by the Board; provided, that such remova] shall be subject to
Section 13.3.
7.10.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
failure to comply with any pet restricEionS shall be an Assessment against the Owner's
Unit.
7.11 Quiet Eniovment; Interference Prohibited. Subject to Section 7.16, all Owners
� and Occupants and their guests shall have a righi of quiet enjoyment in their respective Units,
s�bject to the rights of other Owners and Occupants to reasonable use of their respective Units
and the usual and customary sounds generated thereby given the multi-family, apartment-style
structure of the Building. Taking into consideration the nature of the Building strt�cture, Owners
and Occupants and their guests s�all use and occupy the Property in such a manner as wil] not
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and quiet
� enjoyrnent of the Pr�perty by other Owners and Occupants and their guests.
7.12 Comnliance with Law. No use shal� be made of the Property which wouid violate
any then existing municipal codes or ordinances, or state or federal laws and regulations, nor
shall any act or use be permitted which could cause waste to the Property, cause a material �
increase in insurance rates on the Property, ar otherwise cause any vnusua} liability, health or �
safety risk,or expense,for the Association or any Owner or Occupant. �
7.13 Alterations. Except for those made by Declarant in consideration of its initiai sale
of a Unit and except as otherwise provided in Section 8, no alterations (as ciefined in Section 8)
shall be made, or caused or allowed to be made, in any part of the Common Elements, or in any
part of the Unit which affects the Cornmon 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 8. No Owner or Occupant shall (i) cause or permit any
physical changes to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of the Building,or any Building system, or other improvement located on the Property; or
{ii) interfere with any easement affecting the Property.
MPLS•Word 9528 i.l i 17
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�.14 Time Shares Prohibited. The time share form of ownership, or any compa able •
fonn of lease, occupancy rights, ownership, or right-to-use plans, 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. ln case of emergency which constitutes an imrnediate and
material ihreat to the Property or to the health or safe'ty of the Owners or Occupants, all nits
and the �imited Elesn�ents are suhject to entry, without notice and at any time, by an offic r or
member of the Board, by the Association's management agents, or by any public fety
personnei. Entry is also authorized for maintenance purposes under Sections 9 and 13, an for
enforcernent purposes under Section t4.
� 7!.16 Public Works Facilitv. The City's public works facility(the"Facility"}is 1 ted
directly to the west of the Property. The Facility is.used by the City for, among other things the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used b the
City. T�e Facility is operated by the City twenty-four hours a day, seven days a week. G ven '
� the clos�proximity of the Facility to the Property, the Owners and Occupants and their inv tees �
will be subject to the sights,sounds,lights,and smells associated with the Facility.
7,_97 StoraQe. Snbject to the provisions of 5ection 7.9, persona! groperty may n t be
stored, c�isplayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and fro the
lower level of the Building, may not be obstrncted, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage.
7.l 8 Prohibited C�nduct. iVo Owner or Occupant shall{i)cause or permit any phy ical
changes to their Unit or the Common Elements that could jeopardize or impair the weather-ight
soundness or safety of the Building, any Building system, or other improvement located or� the
Property; {ii}interfere with any easement; (iii) install or permit the installation of hard su ace
floor coverin.gs within their Unit withaut the prior written authorization of the Board, excep for
the replacement of floor coverings of the same type as originally installed in the Uni by
Declarar�t; or (iv)cause or permit any physical changes to his or her Unit which could affe�t or
damage �the sound barriers or sound attenuatian materials instatled on or within the ceili gs,
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8
ARCHtTECTURAL STANDARDS
8 ] Restrictions on Im'rovements. One of the purposes of this Declaration i� io
ensure t�at �hose parts of the Units which are visible from the exterior, as well as the Li ited
Comman Elements, be kept architecturally attractive, and consistent in appearance, and
structuraily sound_ Therefore, except as set forth in Section 8.5, the foilowing restrictions and
requirerr�ents shall apply to alterations on the Property:
8_l.l Except as expressly provided in this Section 8, no modificati ns,
improvements, repairs, or replacements of any type, whether temporary or perma ent,
structural, aesthetic, or otherwise (collectiv.ely referred to as "alterations," and
MPES-WoTd 95281.i I 1 g
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individually a "alteration"), including, but not limited to, any structure, building, '
addition,deck,patio, fence,wall, enclosure, window, exterior door, antenna or other type
of sending or receiving apparatus, sign, flag, display, decoration, color change,
shrubbery,material topographica]or landscaping change,or any other exterior alterations
to or of a Unit oX a Limited Common Element, shail be made, or caused or allowed to be
made,by any O�ner or Occupant,or their invitees, in any part of the Common Elements,
or in any part o#'the Unit which af�'ects the Common Elements or another Unit, or which
is visible from the exterior of the Unit, unless and t�ntil the plans and specifcations
showing the nature, kind, shape, height, calor, materials, and locations of the alterations
shall have been approved in writing by the Board or a committee appoin#ed by it. In
addition, Declarant's written consent sha}l also be required for alterations until Declarant
no longer owns a Unit for initial sate.
8.1.2 The Board may appoint, supervise, and disestablish an architectural
committee, and speci�cally delegate to it part or all of the functions which the Soard
exercises under this Section 8, in which case the references to the Board shall refer to the
architectural committee where appropriate. The architectural committee shall be subject
to the supervision of the Board. �
. 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 Occupants,
: from liability and liens arising out of the proposed atterations or any construction activity
in connection therewith, and (ii) comply with ail governmental laws, codes, and
regulations. The criteria for approva] of alterations shal! include and require, at a
minimum:
8.1.3.1 substantial uniformity of co[or, location, type, and design in
relation to existing structures and topography, �
8.t.3.2 comparab]e or better quality of materials as used in existing
improvements on the Property, • • .
8.1.3.3 ease of maintenance and repair, ;
;
8.1.3.4 adequate protection of the Property, the Association, the Owners,
and the 4ccupants from liability and liens arising.out of the proposed alterations,
� 8.13.5 substantial preservation of other Owners' sight lines, if materiai,
and
8.1.3_6 compliance with govemmental laws,codes,and regulations.
8.1.4 The Board, or the appointed architectural committee if so authorized by
the Board, in its soie discretion, may impose standards for design, appearance, or
� construction which are greater or more stringent than standards prescribed by the
Governing Documents, or by building, zoning, or other governmental laws, codes, or
. regolations; provided, that such standards shall be consistent with the architectural
character and use of the Property as planned and developed by Declarant. T'he Board, or
MPLS-Word 9528 L I I 19
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the appointed architectural committee if so authorized by the Board, shall be the I' ole • •
judge of whether such criteria are satisfied, and its determination in this regard sha I be
binding upon the Owners, the Occupants, and any other Person holding or acquirin an
ipterest in the Unit. The purpose of the criteria estabiished by the Board shall be O to ;
preserve the architecturat sryle and uniformity, the qualiry and value of the Property,and �
_ (�i) to protect the Association Fnd the Owne*•s frQiTt llildllE liability arising oui o the
alterations or any construcrion activity in connection therewith.
. 8.1.5 Alterations may be made in compliance with Section S 15B.2-!1.3 o ihe
Act, and relocation of the boundaries of the Units may be made in compliance ith
Secti.on S 15B.2-114 of the Act.
8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Cor►imon Elements or which essentially continue an existing encroachment created in the '
course of construction of the Building and Units, shall create an appurtenant easemen for
such encroachment in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary requirement in the Governing Documents or the
Act. A fite of the resolutions approving all al#erations shall be maintained perrnane tly
as a part of the Association's records.
8.2 Review Procedures. The following pracedures shall govern requests for
alterations under this Section 8:
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' 8.2.1 Detailed plans, specifications, and related information regarding I ny
p�toposed alteration, in form and content acceptable to the Board,shal) be submitted to�the
Bpard (or the committee)and to Declarant(as long as Declarant is the owner of a Uni ) at
lerast sixty days prior to the projected commencement of construction. No alterati ns
shall be commenced prior to approval. �
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant is the ;
owner of a Unit) shall give the Owner written notice of approval or disapproval. If the
Board (or the committee) and to Declarant (as long as Declarant is the owner of a U it)
fails to approve or disapprove within sixty days after receipt of said plans nd
specifications and all other information requested by the Board (or the committee) an to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deeme to
� be granted; provided, that the alterations are done in accordance with the pl ns,
specifications,and related information which were submitted. •
8.2.3 If no request for approval is submitted, approva! shail be deemed to be
denied. I
8.3 Remedies for Vio9ations. The Association may andertake any measures, lega� or
administr�tive, to enforce compiiance with this Section 8 and shall be entitled to recover frbm
the Own�r causing or permitting the violation all a#tomeys' fees and costs of enforcemlent �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees nd
costs shall be a lien against each of the Owner's Units and be a pe:sonal obligation of the Ow er.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any art
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of the Building or that Unit to the prior condition if any alterations were made in violation of this •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a]ien
againsi each of the Owner's Units.
8.4 Owner Resnonsibility/Indemnity. An Owner who causes an alteration to be
made, regaidless of wheiher the alteration is approved by the Board, shall be responsible for the
construction work and any clai�ns, damages, losses, or liabilities arising.out of the alteration.
The Owner, and not the Association, is responsible for determining whether any alteration is in
violation of any restriction imposed by any governmenta] authority having jurisdiction over any
portion of the Property. The Owner shail hold harmfess, indemnify,and defend the Association,
and the Association's officers, directors, committee rnembers, and management agents, from and
against any expenses, claims, damages, losses, or other liabilities, including without limitation
. attomeys' fees and costs of litigation, arising out of (i) any alteration which violates any
governmental Iaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of the
specifications or standards for constcuction of the alteration, and (iii) the construction of fhe
alteration.
8.5 Exemntions. The requirements set forth in this Section 8 (except Section 8.4)
shall not apply to the following:
8_5.1 Construction, reconstruction, or remodeling by Declarant in connection
with its sale of Units.
' 8.5.2 The installation of the followin� antennas within a Unit or within a
Limited Common Element, as permitted by applicable law: (i) one antenna one meter or
less in diameter .for the purpose of receiving direct broadcast/satellite service or video
programming services, or (ii) any antenna for receiving ielevision broadcast signals.
However, the Board or a committee appointed by it, may require that the antenna be
installed so as to minimize its visibility from the front of the Unit and otherwise
carnouflage its appearance, uniess such requirements would violate applicable law. The
Board shall have authority to impose further, reasonable related requirements consistent
with law. The Owner or Occupant of the Unit shall perform and pay for the installation,
maintenarice, and repair of the installation. . i
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. 8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 4
MAINTENANCE
9.l Maintenance by Association. Subject to Seciion 9.2,the Association shall provide
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"maintain") of the Common Elements and the Limited Common Blements, in accordance with,
and subject to,the following qualifications:
9.1.1 The cost of�naintenance of a Limited Common Element required to.be
undertaken by the Association shall be assessed against each Unit to which the Limited
Common Element is allocated. The Association may assign to an Owner the obligation
MPLS-Word 95281.I 1 2 t
for routine maintenance of a Limited Common Element allocated to the Owner's nit. •
However, if the Owner fails to adequately perform the maintenance, the Association ay
enter the Limited Common Element and the Unit, perform the maintenance, charge the .
Qwner for the cost of the maintenance, and assess the Owner's Unit for such cost. e�
A;ssociation shall have an easement on, over, and through that Unit and the Lim ted
:;ommon Element for purposes of perferming said maintenance. �
9.1.2 The Association shall be responsible for incic3ental damage caused a.
Uinit or its Limited Common Elements by work undertaken by the Association pur ant
td this Section. '
9.I.3 If darnage to the Common Elements, the Limited Gomrnon Elements or
oCher Units, is caused by an Owner or such Owner's occupants, guests,or invitees, o by
any condition in the Unit or Limited Comrnon Elements which the Owner or Occu ant
has caused or allowed to exist,then the Association may repair the damage or correci the '
cqndition, charge the Owner for the cost of the maintenance, and assess the cost the�eof
against the responsible Owner's Unit, as may be assigned by the Association pursuan to
. thp's Section 9.1_ The Association shall have an easement on, over,and through that nit
add the Limited Common Elements for the purposes of performing said repair or
cc�rrection.
9.1.4 Notwithstanding the assigmnent of any maintenance obligations to an
� O ner, the Association shall have authoriry to approve any maintenance which aff cts
ar�y part of the Property other than the Unit, which may impair any easement, or wh ch
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 Elem ts
� in,accordance with that certain Declaration of Easements, Restrictions and Covenants or
St nebay recorded in the office of the County Recorder in and for Hennepin Cou ty,
M nnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
sements, Restrictions and Covenants, the Association has the obligation to rnaint in
thbse unpaved portions of Kelley Parkway lying within the Common Elements.
9.2 O tional Maintenance b Association. In addition to the maintenance descri ed
in Section�9.1 the Association may, with the appr�val of a majority of votes cast in person or y
proxy at Ia meeting called for such purposes, or by written ballot, undertake to prov de
maintenar�ce to parts of the Units.
9.3 Costs of Maintenance bv Association. A11 maintenance performed by he .
Association under this Section 9 shall be funded by annual Assessments or, if necessary, spec ai
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, e
Associatio�n reserves the right to levy and allocate the cost of any maintenance performed un er
this Sectiq'in 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 responsi le
for maintenance,repair, and replacement as follows: .
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9.4.1 To maintain all portions of the Owner's Unii in good, clean, and sanitary • I
condition, and to maintain the Limited Common Elements allocated to the Owner's Unit I
to the extent assigned to the Owner under Section 9.1.I. The Association may require that �
the Owners perform their maintenance obligations in accordance with standards
established by the Association.
9.�2 To perfon;i the foregoing maintenance obligations in such manner as not �
to damage the Property, or unreasonably disturb or cause a hazard #o other Persons
_ occupying or using the Property.
The Association may, with the a�proval of the Members, undertake any
maintenance of a Unit which the responsible Owner fails to or improperly performs, and
� assess the Unit and the Owner for the cost thereof, No such approval shall be necessary
if the Association has the authority under the Governing Documents to perforrn such
rnaintenance. Such cost shall be a personal obligation of the Owner and a lien against the
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects in
or damage to those parts of the Property which the Association is obligated to maintain.
The Board may require that the Qwners perform their maintenance obligations in
accordance with standards established by the Association.
9_5 Waste of Common Utilities or Commonlv Metered Utilities. An Owner or
Occu�ant of a Unit shall not cause waste, or unreasonable use, of common utilities or utilities
that serve the Unit hut which are commonly metered. In the event the Association determines.
that such waste or unreasonable use is occurring, the Association shall have the authority to levy
against the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, charges,
and fees (whether billed by the utility provider, or otherwise) associated with that waste or
unreasonable use. Such costs, charges, and fees shall be calculated by the Association using
, reasonable methods. Notwithstanding any provision to the contrary in this Declaration, the
Association may repair or correct any condition (and enter upon any Unit and Limited Common
Element to do sa) causing the waste or unreasonable use. The cost of the repair or correction
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discretion,
be the personal 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 Declaration, '
no Owner or Occupant shall, without prior written authorization from the Board in accordance
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, whether
iemporary 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 physical changes to his or her Unit or the Common �
Elements that could jeopardize or impair the weather-tight integrity, safety or soundness
of any part of the Property, any system or equipment on or within the Property, 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 to the .
Associat�on any defect or need for repair to those parts of the Property which ihe Associati is
obligated to maintain. �
9.$ Damaee Caused bv Owner. Notwithstanding any provision to the contrary in this
Declaration, if, in the judgmerit of the Association, the need for maintenance of any part o the �
Property is caused by the wiilfii4 or negligent a�t or omission of a.�Owner or Occupant,the g est
or invitee of an Owner or Occupant, or by a condition in or on the Propeny which the Owne or
the Occupant has willfully or negligently allowed to exist, the Association may cause s ch
damage ar condition to be repaired or corrected (and enter upon any Unit and Limited Co on
Element to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obligation of the Owner and a ien
against that Owner's Unit.
SECTION 10
INSURANCE I
l Q.1 Required Coverase. The Association shail obtain and maintain, at a minim m,
one or mpre than one master policy of insurance in accordance with the insurance requirem nts
set forth n the Act and the additional requirements set forth herein issued by one or more t an
one reput ble insurance company authorized to do business in the state of Minnesota,as follo s:
' i 0.1.1 Property insurance in broad form covering all risks �f physical loss in'an
arnount equal to one hundred percent�of the insurable"rep]acement cost".of the Prope y,
exclusive of {i)deductibles; and (ii) land, footings, excavation and other items norm lly
. excluded from coverage (bui including all building service equipment and machine ). •
The Association, at its sole discretion, may or may not insure the follawing ite s: �
ceiling and wall finishing materials, floor coverings, cabinetry, finished mi11w rk,
electrical or plumbing fixtures serving a single Unit, built-in appliances, impr.ovem ts
and betterments regardless of when installed, and any items referred to in Sect on '
SISB3-113(b)(i) through (vii) of the Act, but must do so if required by the Fed ral !
Nationat Mortgage Association ("FNMA"), the Federal Home Loan Mortg ge
C rporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secret ry �
o Veteran's Affairs{"VA"). The policy or po]i�ies shall cover personal property o ed
b the Association. The policy or policies shall afso contain "inflation Guard" nd
" greed Amount" endorsements, if reasonably available. Such policy or policies s all
in�lude snch additional endorsements, coverages and limits with respect to the forego ng
and other hazards as may be required from time to time by the regulations of the F A,
VA, FNMA or FHLMC as a grecondition to their insurir�g, purchasing or financin a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into bind g
w tten agreements with a mortgagee, insurer or servicer, including without limitation he
F�A, VA, FNMA or FHLMC, obligating the Association to keep certain speci ed
coverages or endorsements in effect.
10.1.2 Commercia! general liability insurance covering the use, operation, a d
maintenance of the Comrnon Elements, with minimum limits of one million dollars er
MPLS-Word 93281.11 24 i
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occurrence,against claims for death,bodily injury,property damage, and such other risks '
as are customarily cavered by such poiicies for projects similar in construction, location
and use to the Property. The palicy shall contain a"severability of interest"endorsement
which shall preciude the insurer from denying the claim of an Owner or Occupant
. becanse of negligent acts of the Association or other Owners or Occupants. The policy
. shalt include such additiana! endorsements, coverages and limits with respect ta such
hazards as may be required by the regulations of the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mortgage on a Unit.
10.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
� directors, officers, managers, trustees, employees, or persons responsible for handling
. funds belonging to or administered by the Association, if deemed to be advisable by the
Board or required by the regulations of any financing-related institution as a preconditian
to the purchase, insurinb, guarantee, or financing of a mortgage on a Unit. The fidelity
bond or insurance shall name the Association as ihe named insured, and shall comply
with the regulations of the FNMA, FNLMC, FHA or VA, ifrequired by one of such
agencies as a precondition to the purchase, financing, insuring, or gvarantee of a
mortgage on a Unit. An appropriate endorsement to the policy to cover any persons who
' serve without compensation shall be added if the policy would not otherwise cover
volunteers, or a waiver of defense basec3 upon the exclusion of persons serving without
compensation shall be added.
L0.]_4 Workers' Compensation insurance as applicable and required by law.
10.].5 Directors and officer liabi9ity insurance with such reasonable limits and
coverages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Board may determine from time to time to be
in the best interests of the Association and the Owners.
10.2 Premiums; Imarovements; Deductibles. Except as provided in Section 6_4, all
insurance premiums shall be assessed and paid as part� of an annual Assessment. If
improvements and betterments to the Units are covered by the Association's property insurance,
any increased cost may be assessed against the Units affected. The Association may, in the case
� of a claim for damage to one or more than one Unit,(i)pay the deductible amount as a Common
i Expense, (ii) assess the deductible amount against one or more than one Unit affected in any
reasonable manner, or(iii) require the Owners of one or more than one Unit affected to pay the
deductible amount directly. The Association's decision as to who shall be charged with paying
the deductible amount may, but need not, be based on fault. Notwithstanding anything to the
contrary in this Section l0, the Association may, in the case of claim againsi the Association's
property insurance,assess the deductible amount against all of the Units equally in the event fhat
the deductible amoant is calculated by the insurance company based upon the percentage of the
value or cost(replacement or otherwise)of one or more than one Unit or Building.
f d3 Loss Pavee; Insurance Trustee. All insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be payable to, the
Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the
MPLS-Word 95281.11 zs
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Owners and secured parties which suffer loss. The Association, or any insurance trustee sele ted -
by it, sh'll have exclusive auihority to negotiate, settle; and collect upon any c(aims or lo ses ,
under an insurance policy maintained by the Association. �
�
. 1 .4 Required Policv Provisions. Ail policies of property insurance carried by the
Associati n shall provide, if practicable,that:
' 10.4.1 Each Owner and secur�d party is an insured Person under the policy ith
respect to liability arising out of the Owner's interest in the Common Elements or
membership in the Association.
1fl.4.2 The insurer waives its right to subrogation under the policy against ny
Owner or member of the Owner's household and against the Association and tnembe of
the Board. �
10.4.3 The coverage shall not be voided by or conditioned upon (i) any ac or
o�ission of an Owner, unless acting within the scope o#' authority on behalf of the
A�sociation, or (ii) any failure of the Association to comply with any warranty or
cc�ndition regarding any portion of the Property over which the Association has no
c ntroL
: 10.4.4 If at the time of a loss under the policy there is other insurance in the najme
o an.Owner covering the same property covered by the policy, the Association's po�icy
is primary. i
1C�.5 Cancellation; Notice of Loss. All policies af property insurance nd
comprehensive liability insurance maintained by the Association shall provide that the poli ies
shall not be canceled or substantially modified, for any reason, without at least thirty days p 'ar
written notice io the Association, the insureds, and to all secured parties holding first mortga es
on Units.
]0.6 No Contribution. All policies of insurance maintained by the Association shall be .
the primary insurance where there is other insurance in the name of the Owner covering the sa e
properiy, and may not be brought into contribution with any insurance purchased by Owne or
their mortgagees. . i
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additio al
personal insurance coverage (commonly known as "ga}� covera�e"or an "H06"policy) at hi or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's perso al
properry and personal iiability, and covering insurance deductibles that may be levied by e
Associatio❑ against the Unit. Insurance policies maintained by Owners are without contribut on
as against the insurance �urchased by the Association, except as to deductible amounts or ot er
items not'covered under the Associat'son's policies. Upon request by the Association, an Ow�er
shall immjediately provide to the Association a copy of the certificate(s) of insurance cover�ge
evidencin�the insuranee required by this Section 10.7. I
MPlS-Word 95281.i I �6
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SECTION l l .
RECOiVSTRUCTIOIV, CONDEMNATION,AND EMINENT DOMAIN
l l.l Reconstruction. The obli�ations and procedures for the repair, reconstruction, or I
disposition cf the Property following damage or destn:ction ihereof shall be governed by the Act.
Any repair or reconstruction shal] be commenced as soon as practicable after the casualty and
shall be substantially in accordance with the plans, specifications, and design of the Property as
i.nitially c-onstrncted and subsequentiy improved. Notice of substantial damage or destraction
shall be given as provided in Section 15.10. �
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the
Property by condemnation or eminent domain, the provisions of the Act shall govern; provicled, �
{i) that notice shall be given as provided in Section I5.]0, (ii) that the Association shall be the
attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements, or
agreements, and (iii) that any awards or proceeds shall be payable to the Association for the
benefit of the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitled to
priority for condemnation awards in accordance with the priorities established by the Act and the i
Gaveming Documents, as their interests may appear.
� 11.3 Termination and LiQuidation. The terinination of the Condominium, and the
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds
_ shall be based upon the value of the Units as determined by their retative value for property
insurance purposes, and shall be made to Owners and their mortgage holders, as their interests
• may appear,as provided in the Act. . �
11.4 Notice. The Association shall give written notice of any condemnation
proceedings or substantial destruction of the Property to the ,Eligible Mortgagees entitled to
notice under Section 15.10. ,
�
11.5 Association's Authoritv. ln all cases involving reconstruction, condemnation, '
eminent domain, termination or liquidation of the Condominium, the Association shall have
authority to act on behalf of the Owners in all proceedings, negotiations, and settlement of
claims. A11 proceeds shal] be payable to the Association to hold and distribute for the benefit of
the Owners and their mortgage holders, as their interests may appear,in accordance with the Act.
SECTION 12
I
EASEMENTS
The following appurtenant easements and rights are hereby granted,conveyed, dedicated,
and reserved on, over, under,and across the Property,as appiicable.
12.1 Utilities, Services,and Ooeratine Svstems. The Common Elements and the Units
shall be subject to and benefited by nonexclusive easements in favor of the City, the Association
and all utility companies and other service providers for the installation, use, maintenance, repair
and replacement of ail utilities, services and common operating systems, such as natural gas,
electricity, cable TV, security, telephone and other electranic communications, water, sewer,
MPLS-Word 95281.1! ,�.�
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septic systems, wells, and similar services, fire cantrol systems and other common opera ing -
systems, and metering and control devices, which exist, which are constructed as part of the �
Property�which are approved by the City,which are approved by the Association under autho 'ty
containe� in the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recorded instruments. Each Unit, and the rights of the O ers
and Occupants thereof, shall also be subject to and benefi±ed by a non-exclusive easemen in
favor of the other L3nits, the Common Elements, and the Association for all such utili 'es, '��
services, fire control systems, and other common operating systems. Utilities and rel ted
services pr systems shall be installed, used, maintained, and repaired so as no#to interfere ith ,
the use a�d quiet enjoyment of the Units by the Owners and Occupants, nor affect the struc 'ral
. or archit ctural integrity of a Ba'ilding, the Units,or the Common Element improvernents. �
.
12.2 Encroachments. Each Unit and the Commo.n Elements, and the rights.of the �
Owners and Occupants therein, shall be su6ject„to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shift ng,
settlement, or movement of any part of the Property, for improvements which are added in -•
compliar�ce with Section 7.l3, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shall exist for the eneroachment, for the use,enjoyment, d
habitation of any encroaching Unit or improvements, and for .the maintenance ther of.
Improverr�ents or alterations added pursuant to Section 7.13 shatl be limited to mi or
� encroachments, and no easement shall exist unless the proposed improvements or alterati ns
have bee�n approved and constructed as required by this Declaration. Such easements s all �
continue for as long as the eneroachment exists and shall not affect the marketability of title.
12.3 Stnactural Suppon Easements_ Each Unii and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in all w lis,
columns, joists, girders, and other structural components located in or passing through ano her
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for ac ess
to and from public raadways and walkways on and across those portions of the Com on
Elements designated for use as driveways or waikways, as originally constructed, shown on the
Piai, or oiherwise designated by the Association, subject to any restrictions authorized by the
Governing Documents or the Rules and Re�ulations. The right of access of the Owners nd
Occupants, and their invitees, to and from the roadway to the west of the Property, commqnly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Acc ss)
recorded in the office of the Counry Recorder in and for Hennepin County, Minnesota as
Document No. D 75 That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Casc de
Lane over which that right of access is�ranted.
` 1�.5 Insnection, Maintenance, Repair, Replacement and Reconstruction. Each � it,
and the rights of the Owners and Occupanfs thereof, and the Common Elements and Lim ted
Common Element, shall be subject to and benefited by the nonexclusive easements in favo of
the Association, its agents, and Declarant for the maintenance, repair, repiacement, d
reconstruction of the Common Elements, the Units, and other improvements lacated within the
MPLS-Word�52$L 11 28
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Units, and the utilities serving the Units, to the exten3 necessary for the Association to fulfill its •
obligations under the Governing Documents or for Declarant to investigate or undertake its
wacranty obligations. Each Owner shall afford to the Association and its management agents
. and employees, access at reasonable times and upon reasonable notice, to and through the
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, and
replacement; provided, that access to the Unit and its Lirnited Common Elements may be had �
without notice and at any time in case of emergericy. �
12.6 Public Safetv and Health Access. There are nonexclusive easements in favor of
the City and other applicable governmental authorities or agencies as shall from time to time
have jurisdiction over the Property, on and across drives, walkways, parking areas, and other
open space areas of the Property for reasonable access to perform.such duties related to law
enforcement, fire pmtection, life safety, health, and sanitation as are reasonably required from
time to time. Such easements shall include access through and into the affected Units and '
Limited Common Elements in the.case of an emergency. '
12.7 Emer�encv Access. In case of emergency or perceived threat to public health or
safety, all Units and Limited Common Elements are subject to an easement in favor of the
Association for access, without natice and at any time, by an officer or member of the Board, by
the Assaciation's management agents,or by any public safety personnel. The Board may require
that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choice, or
with the Association, and.to advise the Association's management agent or the Board of the
locations of the keys, so as to allow access for emergencies when the Owner or Occupant is
absent from the Property for extended periods.
]2:8 Recorded Easements. The Property shal l be subject to such other easements as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening the Property shall be construed in a manner consistent with, and not in conflict with, �
the easements created by this Declaration. Such recorded easements include, but are not lirriited
to, that certain Declaration of Easements, Restrictions and Covenants for Stonebay recorded in
the office of the County Recorder in and for Hennepin County, Minnesota, on July 29, 2004, as
Document No. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenants,
the �ssociation has the obligatron to maintain those unpaved portions of Kelley Parkway lying
within the Common Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexclusive
easements for 5torm water drainage in favor of the Owners and Occupants for reasonable starm
water drainage, and other normal site drainage, over those parts of the Common Eiements which
may be designed, improved,or graded for such purposes. •
� 12.10 Use and Enioyment Easements. There are nonexclusive easements in favor of the
Owners and Occupants of the Units for use and enjoyment on and across the Cbmmon Elements,
and for exclusive use ar�d enjoyment of any Limited Common Elements allocated to the Unit,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulations. :
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12.11 Declarant RiQhts and Easements. The Units and the Common Elements are - '
subject tp exclusive easements and rights in favor of Declarant for the exercise of its decl nt
rights as Idescribed in the Governing Documents, and for the periodic inspection of the Units�iand
the Common Elements during any warranty periods and thereafter to review the condition o the i
Praperty and Building systems and to determine whether Unit and Building mainten nce . �
requirements are being followed. �
12.I2 Duration. Restrictions, and Use. The rights anti easements granted or reserve by
this Sect�on 12 shall be permanent, shall run with the land uniess otherwise expressly indica ed,
and shall',be suhject to the following qualifications:
t2.12.1 The easements shall supplement and not limit any easements descri ed
elsewhere in this Declaration or any other recorded instrument.
12.122 The easernents shall be subject to reasonable regulation by the
Association and shall be subject to such reasonable limitations as�to location and rouling
as may be established by the Association or any governmenta) authority. ,
12.123 The easements shall include reasonable access over, under, and ac oss
the Property to maintain, repair, replace, and reconstruct the easement areas and ny
improvements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefitin or
b rdening .the Property, or any�equipmenf or improvements retating to the easem nt,
s ject to this Declaration and the right of the Association to impose reasonable R les
and Regulations governing the use of the Propercy.
12.12.5 No improvements shall be erected or maintained, no excavati n,
grading or reshaping shal� be undertaken, and no fll or other materia[ shall be placed in
an' easement area, which may damage or interfere with the installation, use,j or
m�intenance of such area, or which may change or irnpede the intended flow of w ter
through any drainage easement area.
12.12.6 Persons exercising easement rights shal] (i) take reasonable c�re to
avoid damagin� the Property or creating safety hazards; (ii) promptly repair any dam ge
to'Ithe Property which they or their caused; (iii) promptly reimburse the Association or
i alll costs incurred by it for repairing damage to an easement area caused by the Personi or
the Person's invitees; and {iv) hold harml�ss, indemnify, and defend the Associati n,
other Owners, and the officers and directors of the Association, frorn and against all
claims, damages, losses, and other liabilities arising o.ut of the exercise of the easem nt
rights.
', 12.12.7 Declarant's easement rights described in this Declaration shlall
terminate when Declarant no longer owns a Unit. ,
12.12.8 No grant, dedication, or creation of an easement under this Declarati n
shal] constitute a dedication of the easement area or the use thereof to the public, it bei g
the intent of th'is Declaration that the Common Elements be and remain priyate prope y
MPLS-Word 95281.1 I 30
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subject to operation and regulation by the Association, and that the Units be and remain "
privnte property subject to operation and regulation by the respective Owners thereof
and/or the Association,as applicable;al) in compliance with the Governing Documents.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exercise
of its righLs under this Declaration, and ezcept for the Board in the exercise of authority granted
by the Governing Documents, no Person shall create, grant, Qr convey any easement or
comparabie rights apon any portion of the Froperty without the prior written approva! of the
Board;provided, that the Board shal] authorize an Owner to grant an easement over the Owner's
Unit if(i) the easement will not adversely affect the Common Elements ar another Unit and {ii)
the easement is consistent with the overall design and plan for the Property as established by
Declarant and approved by the City.
. � �
1 Z.14 Continuation and Scope of Easements. Notwithstanding anything in this "
. Declaration to the contrary, no Owner or Occupant sha11 be denied reasonable access to his or
her Unit or the right to utility services thereta. The easements set forth in this Section 12 shal!
supplement and not limit any easements described elsewhere in this Declaration or recorded, and
shall include reasonable access to the easement areas through the Units and the Common
Elements for purposes of maintenance, re�air, replacernent, and reconstruction. All easement
rights shall inelude a righ�of reasonable access to maintain, repair, and replace the utility lines
and related equipment.
� . SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in the
Property, shall be governed by and compiy with the provisions of the Act, the Governing
Documents, and the Ruies and Regulations, and such amendments thereto as may be made from �
time to time, and the decisions of the Association_ A failure. ta comply shall entitle the �
Association to the'relief set forth in this Section, in addition to the rights and remedies authorized
elsewhere by the Governing Documents and the Act.
13.1 Entitlement to Relief. The Association may commence legal action to recover
sums due, for damages, for injunctive relief or to foreclose a lien owned by -it, or any
combination thereof,or an action for any other retief authorized by the Governing Documents or
available at law or in equity, Legal relief may be sought by the Association against any Owner, �
or by arc Owner against the Association or another Owner, to enforce compliance with the
Governing Documents, the Rules and Regulations, the Act, or the decisions of the Association.
However,no Owner may withhold any Assessments payable to the Association,or take(or omit}
other action in violation of the Governing Docurnents,the Rules and Regulations,or the Act,as a
measure to enforce such Owner's position,or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrative or legal, the Association shali have the right, but not the obligation, to implement
any one or more of the following actions against Owners and Occupants and/or their guests,who
violate the provisions of the Governing Docuinents,the Rutes and Regutations, or the Act: �
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13.2.1 Commence legal action for damages or equitable relief in any cou of •
competent jvrisdiction.
13.2.2 lmpose late charges, interest, or both, for each past due Assessme t or
installment thereof, such interest to accrue beginning on the firsc day of the m nth
fol�lowing the month for which the Assessment or instaltment was due. "
13.2.3 ln the event of default of more than thirty days in the payment of any
Assessment or instatlment thereof, all remaining insfallments of Assessments asse sed
againsi the Unit owned by the defaulting Owner may be accelerated and shall the be
�ayable in full if all delinquent Assessments or installments thereof, together wi all
attorneys' fees, costs of c�llection, and Iate charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice o the
effective date of the acceleration shaii be given to the defauiting Owner. .
13.2.4 Impose reasonable fines, penalties, or charges for each violation o the
Act,the Governing Documenis,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Com�mon Element amenities;provided,that the suspension of use rights shall not appl to
Limited Common Elements or those portions of the Common Elements providing util ties
service and access to the Unit. Such suspensions shall be limited to periods of defaul by
such Owners and Occupants in their obligations under the Governing Documen#s,and for
up to thirty days thereafter, for each vio)ation
13.2.6 Restore any portians of any Common Elements,Unit,�or Limited Co on
Elements damaged or altered, ar allowed to be damaged or altered, by any Owne or �
Occupant or their guests in violation of the Governing Documents, and to assess the ost
of such restoration against the responsible Owners and their Units. The Association s all
have an easement to carry oui its authority under this Section 13.2.6.
13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
which, or as to which, a violation or breach of the Governing Documents exists w ich �
materially affects,or is likely to materially affect in the near future, the health or safet of
the other Owners.or Occupants, or their guests, or the safety or soun@ness of any Uni or i
other part of the Property or the property of the Owners or Occupants, and #o summa 'ly
abate and remove, at the expense of the offending pwner or Occupant, any struct re,
thing, or condition in the Common Elements, Unit, or Limited Common Elements w ich
is causing the violation; provided, that any improvements which are a part of a Unit ay
be altered or removed only pursuant to a court order or with the agreement of the Ow er.
The Association shall have an easement to carry out its authority under this Sect on
13.2.7.
13.2:8 Foreclose any lien arising under the provisions of the Govem ng
Documents or under law, in the manner provided by the Act_
13.3 Riehts to Hearin�. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 13.2.6, or 13.2.�, the Board shall, upon written request of he
Mr�s-w�o�d 9szs i.�i 32
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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 Board or a commiitee of three or more
disinterested Owners appointed by the Board. The offending Owner shall be given notice of the
nature of the violation and the right to a hearing, and at least ten days within which to request a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of
receipt of the hearing request by the Board/committee, and with at least ten days prior written
notice to the offending Owner. lf tl�e ofiending Owner faiis to request, or to appear at, ihe
hearing, then the right to a hearing shall be waived and the Board/committee may take such
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. Ttse
decision of the Board/committee and the rules for the conduct of hearings established by the
Board/committee, shall be final and bindin� on all parties. T'he Board'slcomrnittee's decision
shail be delivered in writing to the t�ffending Owner within ten days following the hearing, if 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 ta the date of the violation or offense.
13.4 Lien for Assessments, CharQes, Etc. Any Assessments, charges, fines, expenses,
penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner or
Occupant against whom the same are imposed and the personal obligation of such Owner in the
same manner and with the same priority and effect as Assessments under Section 6. The lien
shall attach as of the date of imposition of the remedy, but shall not be finai 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 sha31 not be
deemed a waiver of the Association's right to pursue any other remedy. .
13.5 Costs of Proceedine and Attorneys' Fees_ With respect to any collection
measures, or any measures or action, legal, administrative, or otherwise, which the Association
takes to enforce the provisions of the Act, the Governing Documents, or the Rules and
Regulations, whether or not finally determined by a court or arbitrator, the Association may
assess the Unit owned by the violator with any expenses incurred in eonnection with such
enforcement, including without limitation fines or charges previously imposed by the
Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by law) on the
delinquent amounts owed to the Association: Such expenses shall also include�ny collection or
contingency fees ar costs charged to the Association by a collection agency or other Person
acting on behalf of the Association in collecting any delinquent amounts owed to the Association
by an Owner or Occupant. Such collection or c�ntingency fees or costs shall be the personal
obligation of the Owner and shall be a lien against the Owner's Unit.
13.6 Liabilitv for Acts of Owners and Occupants. An Owner shall be liable for the �
expense of any maintenance; repair, or replace�nent of the Property rendered necessary by such
Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the extent
that such expense is not covered by the proceeds of insurance carried by the Association or such
Owner or Occupant. However, any insurance deductible amount and/or increase in insurance
rates, resulting from the Owner's acts or omissions may be assessed against the Owner
responsible for the condition and against his or her Unit.
MPLS-Word 9528l.I I 33
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13.7 Enforcement bv Owners. The provisions of this Seciion shall not limit or i pair �
the independent rigt�ts of other Owners to enforce the provisions of the Governing Docum nts,
the Rules and Regulations,and the Act,as provided therein.
13.8 Liti�tiori. Notwithstanding anyching contained herein to the contrary, the
Association may not commence any judicial or administniive action on behalf of the O ers �
(other than an action commenced to enforce the Gaverning Docnments or the Rules and
Regulations, or to defend the Association), without first obtaining the affirmative vate o the
Owners to which are allocated at least sixty-seven percent of the votes in the Assaciatio , in
person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, o hy
wri#ten ballot.
ISECTIUN 14
AMENDMENTS �
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14.1 A�proval Requirements. Except for amendments by Declarant pursuan to
Section 16, this Declaration may be amended anly by the approvai of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven perce t of
the total votes in the Association,except as otherwise provided by the Act; and
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 15.
14.2 Procedure�. Approval of the Owners may be obtained in writing or at a mee ing
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortga ees
and Declarant, if required, shall be in w�iting. Any amendmeni shall be subject to any gre ter
requirements imposed by the Act. The amendment shatl be effective when recorded.as provi ed
in the Act. An affidavit by the Secretary or the President of the Association as to the outcora of
the vote, or the execution of the foregoing agreements or consenis, shall be adequate evide ce
thereof for a!I purposes, including without limitation;the recording of the amendment.
SECTION IS
RIGHTS OF ELIGIBLE MQR7'CACEES
Notwithstanding anythin�to the contrary in the Goveming Documents, but subject to he
Act or other laws, Eligible Mortgagees shall have the foltowing rights and protections:
I S.l Consent to Certain Amendments. Subject to Declarant's rights under Section 15,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units t at
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per nit
financed)shall be required for any amendment to the Goveming Documents which changes y
MP1S-Word 95281.1 I 34 '
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provision governing the following: (i) voting rights; (ii) increases in an annual Assessment of •
more than twenty-five percent over the prior year's annua]Assessment;(iii)Assessment liens,or
priority of Assessment liens; (iv}reductions in reserves for maintenance, repair and replacement
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of
interests in the Common Elements or Limited Common Elements, or rights to their use; (vii)
redefinition of any Unit boundaries; (viii) convertibility of Units into Cammon Elements or vice
versa; (ix) expansion or contraction of the Property or the addition, annexation or withdrawal of
property to or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of
material restrictions.on the leasing of Units; {xii} imposition of any restrictions on an Owner's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property(after a hazard
damage or partial condemnation) 'rn a manner other than that specified in the Goveming
Documents; (xiv) any action to terminate the lega] status of the Condominium after substantial
destruction or condemnation oGcurs; or (xv) any provisions that expressly benefit Eligible
Mortgagees,or insurers or guarant�rs of mortgages.
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15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, the
written consent of Eligible Mortgagees representing at least sixty-seven percent of the Units.that
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed} shall be required to (i) abandon or terminate the Condominium; (ii} change the
allocations of voting rights,Common Expense obligations or interests in the Common Elements;
(iii) par#ition or subdivide a Unit except as permitted by statute; {iv) abandon, partition,
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 provided
by law.
15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without the
prior written approval of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 Na Right of First Refusal. The right of an Owner to sell, transfer, or otherwise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Prioritv of Lien. Any Person who comes into possession of a Unit by foreclosure
of the first mortgage on a Unit, or by deed or assignrnent in lieu of foreclosure of the first
mortgage on a Unit, takes the Unit free of any claims for unpaid Assessments or any other
charges or liens imposed against the Unit by the Association which have accrued against such
Unit prior to the acquisition of possession of the Unit by said Person; (i) except as provided in
Section 6.9 and the Act and (ii) except that any unreimbursed Assessments or charges may b�
reallocated among ali Units in accordance with their interests in the Common Elements. '
15.b Prioritv of Taxes and Other Charees. All taxes, assessments and charges which
may become liens prior to the first mortgage under state law shall relate only to the individual
Units and not to the Property as a whole.
! 15.7 Prioritv for Condemnation Awards. No provision of the Goveming Documents
shall give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of the
Unit pursuant to its mortgage in the case of a distribution to such Owner of insura.nce proceeds or
condemnation awards for losses to or a taking of the Unit and/or the Common Elements. Ti�e
MPLS-Word 9528Lt 1 35
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Associ �on shall , ,
�� give written notice to all Eligible Mortgagees of any condemnation or em nent :
domain proceeding affecting the Property promptly upon receipt of notice from the condem�ing
authorit�,
15_8 � Repuirements for Mana�ement A�reements. The term of any agreemen for
� professi�pnal management of the Property shall not exceed two years. Any such agreernent hall
provide I for termination withaut penalty cr terminat;on fee hy either parry as follows: (i) ith
cause, �qpon a minimum of thirty, and a maximum of forty-five, days prior written notice, nd,
, (ii)withbut cause,upon a minimum of sixty days prior written notic�. .
35.9 Access to Books and Records/Audit. Eligible Mortgagees, or an instiriati na]
insurer br guarantor of a mortgage loan against a Unit, shall have the right to examine the b oks
and records of the Association upon reasonable notice, during norma) business hours, an to
receive free of charge, upon written request, copies of ihe Association's annual reports and ther I
financial statements. Financial statements, including those which are audited, shall be avail ble
within ane hundred eighty days after the end of the.Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutiona� gaarantor or insurer of a mortgage loan against a Unit, ay
require �hat, at its 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 a d a .
copy giUen to the requesting party. �
15.10 Notice ReQuirements. Upon written request to the Association, identifying the
name ar�d address of the holder, insurer or'guarantor of a mortgage on a Unit, and the nit
number or address,the holder,insurer or�uarantor shail be entitled to timely writien notice o :
I5.10.1 a condemnation loss or any casaalty]oss which affects a material po �ion
of the Property or the Unit securing the mortgage;
�
t5.10.2 a sixty day delinquency in the payrnent of Assessments or charges o ed
by the Owner ofa Unit on which it holds a mortgage; �
15.10.3 a lapse, cancellation or material modification of any insurance pol icy
maintained by the Association;and
15.10_.4 a proposed action which requires the consent of a specified percentag of
, Eligible Mortgagees. _
SECT[ON lb
, SPECIAL DECLARANT RIGHTS , �
Declarant hereby reserves exclusive and Unconditiona) authority to exercise the follo ing
special Declarant rights within the meaning of Section S 15B_1-]03(32) of the Act for as lon as
it owns a�Unit,or for such shorter period as may be specifically indicated:
I 6.] Cornnlete imnrovements. To complete each Building, Unit, and o er
improvements indicated on the Plat, or otherwise included in Declarant's development plan or
MPLS-Word 95281.11 3b
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allowed by this Deciaration, and to make improvements in the Units and Common Elements to '
accommodate the exercise of any special declarant rights.
]6.2 RiQhts to Relocate Boundaries Subdivide Convert. or Combine Units. To (i)
relocate the boundanes of any Unit owned by rt, or (ti) create additional Units, Common
Elements, and Limited Common Elements, ar any combination thereof, by the subdivision,
partition, conversion, or combining of any Unit or Unifs owned by it, as authorized by the Act.
The maximum number of additional Uriits that rnay be created within the Contlominium pursuant
to this Section 16.2 is 5.
16.3 Sales Facilities. To construct,operate, and maintain one or more than one model
Unit, and other devetopment, sales, and rental facilities within the Common Elements, and
within any Units owned or teased by Declarant from time to time, located anywhere on the
Property. �
t6.4 Si�ns. To erect and maintain signs and other sales displays offering the Units for
sale or lease,within any Unit owned by Declarant and on the Common Elements.
• i6.5 Easements. To have and use easements, for Declarant, Declarant's employees,
contractors, representatives, and agents and prospective purchasers, through and over the
Common 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 members of the
� � Board pursuant to Section S 15B.3-103 of the Act, until the eartiest of: {i) voluntary surrender of
convol by Declarant, (ii} an Association meeting which shall be held within sixty days after
conveyance to Owners other than Declarant of seventy-five percent of the total number of Units
authorized to be included in the Property, or {iii) the date three years following the date of the
.firsi conveyance of a.Unit to an Owner other than Declarant. Notwithstanding the foregoing, the
Owners other than Declarant shall have the right to nominate and elect not tess than thirty-three �
and one-third percent of the directors at a meeting of the Owners which shall be held within sixty �
days following the conveyance by Declarant of fifty percent of ihe total number of Units I
authorized to be included in the Property. ,
16.7 Consent to Certain Amendments. Declarant's writien consent shall be required
for any amendment to the Governing Documenis or the Rules and Regulations which directly or
indirectly affects Declarant's rights under the Governing Documents or the Act. �
�
SECTION 17 I
MISCELLANEOUS
17.t . Severabilitv. lf any term, covenant, or provision of this instrument or any exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any other
portion of this Declaration or exhibits attached hereto. .
17.2 Construction. Where applicable, the masculine gender of any word used herein
. shalt mean the feminine or neutral gender, or vice versa, and the singular of any word used
herein shal] mean the plural, or vice versa. References ta the Act, or any sections thereof, shall
MPiS-Word 95281.11 3.�
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. be deemied to include any statutes amending or replacing the Act, and the comparable sec�ions °
thereof.
1!7.3 Tender of Claims. In the event that any incideni occurs which could reason bly
give rise io_a demand by the Association against Declarant for indemnification pursuant t�the
� Act, the Association shall promptly tender the defense of the action to its insurance carrier,;and
�ive De�larant (ij written notice of such tender, (ii} written notice oi the specific t�ature o�the
action,and(iii)an opportunity to defend against the action.
1�1.4 Notices. Unless specifically provided otherwise in the Governing Documen s or
the Act, all notices required to be given by or to the Association, the Board, the Associ tion
officers, or the Owners or Occupants shall be in writing and shall be effective upon and
delivery,i or mailing if properly addressed with postage prepaid and deposited in the U ited
States rnail; excepi that registrations pursuant to Section 2.2 of the Bylaws shall be effe�tive
upon receipt by the Association. �
l?7.5 Conflicts Among Documents. In the event of any conflict among the provis��ns
of the t, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall co�troi I
unless it permits the docurrients to control. As a�nong this Declaration, the Bylaws, and any
Rules an Regnlations, this Declaration shall control. As between the Bylaws and any Rules and
Regulati ns, the Bylaws shall control.
1�.6 Duration of Covenants. The v
co enants, condittons, restnctions, easements, 1 ens,
and charges contained in this Declaration shail be perpetuat, subject only to terminatio as
providedi in this Declaration and the Act.
lN WITNESS WHEREOF, the undersigned has executed this instrument the day a �
year first,set forth above.
. O.C. D VEL
By
Its ie an er �
STATE�F MINNES07'A ) '
} ss. .
COUNTY OF oli+'t. )
The foregoing instrument was acknowledged before me tl:is��day of �v '
2007, by Amold A. Zachman, the Chief Manager of O.C. Developrnent LLC, a Mmne ota
limited li;ability company,on behalf of said]imited liability company.
� `
No ublic
TH1S 1NfiTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON&VOGT',P.A.
220 South Sixth, Suite 2200
Minneapblis,Minnesota 55402 SCQTTCKRYNSKI
(612) 373-8418 HOTARYptfBUC-�1t��.�OtA � �
,.
�+r co�+�or�a�s aan�.s�,zoso '
MPLS-Word 95281 J l 3 g
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• �'
COMMON INTEREST CO�IMUNITY NO, 1578
Condominium
STQNEBAY OF ORONO CONDOMINIUM
EXHIB;T A T�DE�LARATION
UNDERLYING LEGAL DESCRIPTION QF THE PROPER'FY
Lot 1,Block l,Stonebay Second Addition, Hennepin County,Minnesota.
�
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MPLS-Word 95281.1 I 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 ' `
Condomeniurn
, STONEBAY OF ORONO CONDOMINIUM
- EXHIBIT B TO DECLARATION �
SCIi�EDULE OF UIYITS,AND ALLOCATION OF COMMON EXPENSES.�Nd2
UNDIVIDED INTERESTS 1N THE COMMON ELEMEN'TS
Atlocation of Cornmon Expenses and
Unit Identifier Ufldivided interests in the Common Elemenis
�
101 1/57
]02 1/57
1Q3 1/57 '
104 1/57
105 l/57
106 l/57
107 1/57
]08 � 1/57 �
109 � 1/57
� 110 1/57
111 1/57
112 1/57
113 1/S7
� 114 1/57
115 1/57
11 b I/57
117 1/57
11$ 1/57
201 1/57 '
202 1/57 .
203 1/57
�� 1/57
205 . 1/57
206 U57
207 I/57
208 1/57
209 1/S7
210 1/57
211 1/57
212 1/57
MPL$-1Vord 45281.1 I �O
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Allocation of Common Expenses and "
Unit Identifer Undivided Interests in the Common Elements �
213 ]/57
. ?14 � 1/57
- 215 1/57
21b I/57
2l7 ' 1/57
218 1/57 �
219 1/57 �
220 1/57 !
. 301 1157
302 1l57
303 1/57
3U4 I%57
305 1/57
306 . 1/57
307 t/57 � �
308 1157
309 � 1/57
310 . . 1/57
311 ��5�
312 1/57
313 1/57
3 t4 1/57
315 1/57
316 ' 1/57
317 ' 1/57
3I8 ]/57
319 l/57 �
TOTAL: 57/57{100%)
�
MPLS-Word 952t31.I i �1
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, COMMON INTERES�r CO��MUNi'!.'Y NO. NO. 1578 �
' Cond��mi�iiun� .
STONEBAY Ol+ORONO CONllOn7_1VIUM
CONSEI�IT Bl'MO.R7'GAGEC , .
��e undersigned (the "Morkgagee") is a n�ortgagec of portions oT'U�e real prap rty
describe�l in the atfached Declaration of Stonebay of Orono Condo#��initun (the "Declarati.a "
Mortgagee hereby consents to this Declaration; provided, that by consenting to the Dec;tarat on,
(i) Mortgagee does.not in any manner constitute itseif'or obligate itself as a Declarant as defi ied
in the Deciaration >> such consent does not modify or amend the tenns and conditions of the
� ���).
Mortgagee's mortgage and related Ioan document�s, and(iii) such mort�;age shall remain as a lien
on the property described lherein,prior to 1ny liens imposed under the Declaration,ttntil relea ed
or satisfi�d.
the�I�(�WITNESS WF�IERE F, the Mortgagee has caused this Consent.to bc executed vn
day of S� 2007.
,
1�lA1NS'1'RL+'�'I' 13f1NK
' r II ,
(S= �' . .
STATE OF MiNNESOTA . )
' ) ss. �
COUNTI''OP���i�s,�-, �
. ��- I
The foregoing instrumeiit was ack.nowleciged before n�e this .�e� day of
�.�r,Z�O7, bY �Gt•/�7G�L.r. �� r}1C s .
Mainstrest Bank, a Minnesota bank corporation,�_ o b(�alf of saisd en ityr UPrirr��C.��, f
,I � ,
=Notary Puhlic .
THIS INSTRUMFNT WAS DRAfiTED Bl': �
Fredrick . Krictzrnan, Esq. i
FELHAB R, LA`RSON, FEN LON & VOGT, P.A. SCOTf L KRYNSKI I I
220 South Sixth, Suite 2204 NOTARYPUBliC-idINNESQT'A
Mins�eapo is, Minnesota 55402 •� t�`�COMM�O►��xP�s�nN.�t,2ato '
(612)373- 4l8 •
. I ;
Mri,s-wo�a vs2xi.i r '
42
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COMMON INTEREST COMMUNITY NO.N0. 1578 '
� Condomininm
' STONEBAY OF ORONO CONDUMINIUM
� CONSENT BY MORTGAGEES �
The undersigned (the "Mortgagees'.') are mortgagees of portions of the real property .
described in the attached Declaration of Stonebay of Qrono Condominium (the "Declaration"). .
Mortgagees hereby consent to this Declaration; provided, that by consenting to Ehe Declaration,
(i) Mortgagees do not in any manner constitute themselves or obligate themselves as Declarant�
as defined in the Declaration, (ii) such consent does not modify or amend the terms and
conditions of the Mortgagees' mortgage and related loan documents, and (iii) such mortgage
shall remain as a lien on the praperty described therein, prior to any liens imposed under the
Declaration,until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused ihis Consent to be�xecuted on
the�day of /���-tis �" ,2007.
� �—� • •�
� Dave I
�..�'!
Ra dy Koch
� STATE OF MINNESOTA ).
) ss.
COUNTY OF O� � �s- )
The foregoing instrument was acknowledged before me this /�7�"� day of
1��^� �.� s �' ,2007,by Dave Koch and Randy Koch.
�, """,. ROBEATK$USg ,
NofarY Pu61c ` �� IZ o b c� '�' K �'-�,f r
� � •
uA,cann�re,,�r,�,�nto Notary Public ,•y�y c.o».. ,,..��r- �--
-����r es �f.�'%�d�/ u
THIS INSTRUMENT WAS DR.AFTED BY:
Fredrick R.Krietzinan,Esq.
FELHABER, LARSON, FENLON &VOGT, P.A.
22d South Sixth, Suite 2200
Minneapolis,Minnesota 55402
(612)373-841$
MPLS-VVord 95281.)1 43
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