HomeMy WebLinkAboutCondominium, declaration • ___ _ . '. � . � � .. . i
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; Doc No 907?550 12120/2007 08:07 AM �
� Ce�ified filed and or recorded on above date:
Office of the County Recorder I "
' Hennepin County, Minnesota
Michaei H:Cunniff,County Recorder
TranslD 363307 Deput 26
� � Fees
, _ $35.50 DflC
$10.50I SUR
��_ $45.50 PLT
S88 $�i8 CIC PLAT FILED 1►8 $10.50 SUR
P1�AT OP fi828 DECLARATLON $102.0 Total
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TAXPAYEA SERVICFS .
TFiANSFER EIVTERED �
,DEC 19 2007
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(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO. 1578
' Condominium
� STONEBAY OF ORONO CONDOMINIUM
DECLARATION
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' This Dedaration is made in the county of '� , state of Minnesota, on th s
�'7da}�of � r�5� , 2007, by O.C. Development LC, a Minnesota limited Iiabili
company (the "Declarant"), pursuant to the provisions of Min»esota Statutes Chapter 515 ,
known as the Minnesota Common lnterest Ownership Act (the "Act"), for the purpose f
creating Stonebay of Orono Condominium as a condominium under the Act.
� VV�HEREAS, Declarant is the owner of certain real property located in Hennepin Count ,
Minnesota, legally described in Exhitrit A attached hereto, and Declarant desires to submit sa d
real prop�rty and all improvements thereon (coliectively the "Property") to the Act as a
condominium,and
W!,H�REAS, Declarant desires to establish� on .the Property a plan for a permane t
residential community to be owned, occupied, and operated for the use, health, safety, a d
welfare o�'the Owners and Occupants, and for the purpose of preserving the value, the structu 1
. quality, and the originat architectural character of the Property, and
WIHEREAS, ihe Property(i) is not subject to a master association as defined in the A t;
(ii} is not sub}ect to an ordinanc� referred to in Sectian 5:5B.i-106 of the Ac#, governi g
conversio�s to common interes[ownership; and(iii} does not include any shoreland as defined n
Minnesota Statutes Section 103F.205.
T�-IEREFORE, Declarant subjects the Property to this Declaration under the na e
"Stonebay of Orono Condominium," consisting of the Units referred ta in Section 2, declari g
that this �eclaration shall constitute covenants to run with the Property, and that the Prope y
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shall be owned, used,occupied, and conveyed subject to the covenants, restrictions, easements, •
charges, and liens set farth herein, ail of which sha11 be binding upon all Persons o�vning or
. acquiring any right, title, or interest therein, and their heirs,personal representatives, successors,
and assigns.
- SECTION l �
� DEFINITIONS
The following words when used in the Governing Documents shali have the foilowing meanings
(unless the context indicates othenvise):
l,l "Act" means Minnesota Statutes Chapter S�I SB, known as the Minnesota
Common Interest Ownership Act,as amended. �
1.2 "Assessments" means and refers to all assessments leveed by the Association
pursuant to Section 6 and pursuant to the Act,including,but not Limited to,annual
assessments,special assessments,and limited assessments.
1.3 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
- Chapter 317A and Sectian S15B.3-101 of the Act, whose members consist of al]
Owners.
1.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
1.5 "BuildinQ" means each structure which is or becomes a part of the Property and
which contains at leas#one Unit.
l.6 `Bvlaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "CitV"means the city of Orono, Minnesota.
1.8 "Common Elements" means all parts of the Property except the Units, including
all improvements thereon.
1.9 "Common Expenses" means all expenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Cornmon Expenses in the Goveming Docnments.
1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominiurn.
1.11 "Declarant Control Period" means.the time period during which Declarant has the
exclusive right to appoint the members of the Baard,as described in Section I6.
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1.12 "Eli�ible Mort ag Qee" means any Person which owns a first moRgage on a nit �
and which has requested in writing that the Association notify it regarding ny
proposed action which requires approval by a specified percentage of Eligi le
� Mortgagees.
� I.13 "Governin� Documents" means ��is�Declaration, tY:e Bylaws, and the Articles of
� lncorporation of the Association, as those documents may be amended from ti e
to time,all of which shall govern the use and operation of the Property.
� 1.�4 "Limited Common Elements"means a portion of the Common Elements alloca ed
by this Deciaration or by operation of Section S 15B.2-102{d) or(fl of the Act or
the exclusive use of one or more but fewer than all of the Units.
� 1.15 "Member"means a Person who is a member of the Association by virtue of be ng �
an Owner as defined in this Declaration. The words"Owner"and"Member" ay
, be used interchangeably in the Governing Documents.
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1_16 "Occupant" means a Person,other than an Owner, in possession of,or residing �n,
a Unit. .
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for d ed
vendors,a mortgagee,a holder of a remainder interest or a reversionary interes in
Ia life estate, and any other secured parties within the meaning of the Act. he
. term "Ownerl' inciudes, without limitation, a contract for �deed vendee, an a
' holder of a life estate.
I.18 "Person"means a natural individual, a corporation, a]imited liability compan , a
partnership,a trustee, or other legal entity capable of holding title to real prope y.
1.�9 "Plat" means one or mare than one recorded plat depicting the Property pursu t
to the requirements of Section S15B.2-110(c) of the Act, and satisfying he
requirements of Minr►esota Statutes Chapter 505, Sd8, or 508A, as applica le,
including any amended or supplemental Plat recorded from time to time in
accordance with the Act. �
1_20 "Propertv" means aIl of the real property subjected to this Declaration, now or in
the future, including all structures and improvements located thereon. e
, Property is legally described in E�cltibit A attached hereto.
1.21 "Rules and Regulations" means the Rules and Regulations of the Association as
approved frorr�time to time pursuant to Section S.b. �
].22 "Unit" means a part of the Property within a Building other than the Comm n
Elements, including one or more than one room or enclosed space designed a d
, intended for separate ownership and use, alI as described in Section 2 and sho
' on the PEat.
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The terrns used in ihe Governing Documents,and defined in the Act and not in this Section, shall '
have the meaning set forth in the Act. References to section nurnbers in this Declaration shall
refer to sections of this Declaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, $OUNDARIES,AND RELATED EASEMENTS
2.! Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section i6. Al1 Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcel of real estate_ No portion af a Unit shall be transferred or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rights
pursuant to Section ]6, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S i 5B.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Units is
set forth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the tJnit boundaries
shall be a part of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utiIity lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other comrnon facilities serving more than one Unit, but
Iocated in or passing through a Unit, shall be Common Elernents. The boundaries of each Unit
shall also extend along t�e inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shalE be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, �interior partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Appurtenant Easements. The Units and the Common Elements shail be subject to
and benefited by the easements described in Section 12. i
SECTION 3 '
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COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTNER PROPERTY
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! 3.1 Comrnon Elements. The Common Elements, and their characteristics are as
. follows:
3.1.1 AlI of the Property not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat, or in the Act;
3.1.2 The Common Elernents shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the rights of Owners and Occupants in Limited Common
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El�ments appurtenant to their respective Units; and (iii) the right af the Association o .
es�ablish reasonable Rules and Regulations governing the use of the Property; i
3.1.3 Except as otherwise expressly provided in the Governing Documents, i)
no improvement, modification, construction, or change of the Common Elements s li
. ta�Ce place by an Owner or Occupant without prior written authorization by the Board a d
(ii)all maintenance,repair, replacement, impro�ement, management, and operarion of he
Common Elements shall be the respansibility of the Association; and �
3.1.4 Common Expenses for the maintenance, repair, replacem nt,
rLianagement, and operation of the Common Elements shall be assessed and colle ed
from the Owners in accordance with Section 6_ i
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�.2 Limited Common Elements. The Limited Common Elements are those part of '
the Common Elements reserved for the exclusive use of the Owners and Occupants of the U its �
to whicM they are allocated, as described in this Declaration and the Aci. The rights to the use
and enjoyment of the Limited Common Elements are automaticapy c�nveyed with the ,
conveyance of such Units. The Limited Common Elements are described and allocated iO the
Units as follows:
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3.2.1 Those items or areas designated as Limited Common Elements on the Plat
�or by the Act are allocated as indicated therein. i
; 3.2.2 lmprovements, if any, such as decks, patios, porches, balconies, shu ers,
I awnings, perimeter windows and doors, window screens, winciow boxes, s]eeve and
� fittings surrounding window air conditioning units, chimneys, driveways, alks,
doorsteps and stoops, constructed as part of the original construction to serve a ingle
Unit or Units, and replacements and modifications thereof authorized pursuant to S ction
� 7.1 Q, iocated whoily or partially outside the Unit boundaries,are allocated exclusiv ly to
the Unit ar Units which they serve.
3.23 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other t�liry
installations, bearing walls, bearing columns, or any other components or fixtures�fying '
, partially within and partially outside the boundaries of a Unit, and serving only tha�Unit,
. are allocated to the Unit which they serve. Any portion of such installations serv�ing or
affecting the function of more than one Unit or any portion of the Common Eleme�ts is a
jpart of the Common Elements,but is not a Limited Common Eiement. , i
3.2.4 Heating, ventilating, or air conditioning equipment serving one o more
than one Unit, and located wholly or partially outside the boundaries of one or mo e than
one Unit, are Limited Comman Elements allocated to each Unit served b such
' equipment.
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SECTION 4 �
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in ths Asscc?ation, a.portion of the Common Ex�ense5, and a portion of the undivided interests
in tne Common Eiements,snall be gavernea by the failowing proyisions:
4.1 Membershin. Each Owner shail be a Member so}ely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,al! such Persons shall be members of the Association,but . '
rnultipie 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 Votinr� Ri�hts, Common Expenses, and Undivided Interests. �
Common Expense obligations and undivided interests in the Common Elements are allocated '
equally among the Units, subject to the Association's right to levy limited Assessments under i
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners are I
entitled to vote.
. 4.3 Appurtenant Rights and Obli�?ations. The ownership of a Unit shail include the
voting rights and Common Expense obligations described in Sectian 4.2. Said rights and
, ob[igations, and the title to the Units, shall not be separated or conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate from the title to the Unit shall be void. The allocation of the rights and obligations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authorit,v to Vote. The Owner,or some natural Person designated to act as proxy !
on behalf of the Owner,and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Persan designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of ihe Bylaws.
SECTION 5 �
ADM IN ISTRATION
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The administration and operation of the Association and the Property, including, but not
limited to, the acts required of the Association, shall be governed by the foltawing provisians:
5.l General. The operation and administration of the Association and the Property
shall be govemed by the Goveming Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Goveming Documents and
the Act, be responsible for the operation, management, and control of the Property. The
Association shall have all powers described in the Governing Documents,the Act and the statute
- under which the Association is incorporated. All power and authority of the Association shall be
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' vested in the Board, un3ess action or approval by the individual Owners is specifically require
by the Goveming Documents or the Act. All references to the Association shall mean th
Associatior�acting throug�i the Board,unless specifically stated to the contrary.
5.2 O�erational Purposes_ The Association shall aperate and manage the Property fo
the purpos�s of(i) administering and enforcing the covenants, restrictions, easements, charges
and liens�set forth in the Governing Dc�cuments and t�e Rt�les and ltegulations, (ii) maintaining
repairing, �nd replacing those portions of the Praperty and other property for w�ich it i
responsi�le, and (iii} preserving the value, and the axchitectura3 uniformity and character, of th
Property_ �
S_3 Bindin� Effect of Actions. All agreements and determinations made by th
Association in accordance with the powers and voting rights established by the Goverrtin
Docurnents or the Act shall be binding upon all Owners and Occupants, and their Iessees, gues ,
heirs, personal representatives, successors, and assigns, and al] secured parties as defined in th
Act.
5.4 Bvlaws_ The Association shall have Bylaws. The Bylaws shall govern th
operation and administration of the Association, and shall be binding on all Owners an
Occupants.;
5.5', Manar?ement. The Board may delegate to a manager or managing agent th
manageme�nt duties imposed upon the Association's offcers and directors by the Governin
Document and the Aet. However,such delegation shall not relieve�the officers and directors f
the ultima e responsibility for the performance of their duties as prescribed by the Governin
Documen and by law.
5.6 Rules and Re�ulations. The Board shall have exclusive authority to approve an
irnplement'such reasonable Rules and Regulations as it deems necessary from time to time f r
the purpose of operating and administering the affairs of the Association and regulating the u
of the Property; provided, that the Rules and Re�ulations shall not be inconsistent with
Goveming D�curnents or the Act. The inclusion in other parts of the Governing Documents f
authority to approve Rules and Regulations shal] be deemed to be in furEherance, and not i
limitation,of the authority granted by this Section. New or amended Rules and Regulations sha 1
be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds_ All funds and real or personal prope
acquired by the Association shall be held and used for the benefit of the Owners for the purpos s
' stated in ti�e Governing Documents. Surplus funds rexnaining after payment of or provision f r
Common Expenses and reserves shall be credited against futnre Assessments or added
reserves,ajs determined by the Board.
5. Resale Disclosure Certifcates. Pursuantto Section SISB.4-107 ofthe Act, in e
event of resale of a Unit by an Owner other than Declarant, that Owner shall furnish to t e
purchaser a resale disclosure certificate containing the information required by Section S 15B. -
107(b} of the Act. Pursuant to Section S15B.4-107(d) of the Act, the Association shall, with n
ten days or within such other relevant timeframe set forth in the Act) after a request by
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Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Association may charge a reasonable fee for furnishing the resaie disciosure certificate and any
documents related thereto.
SECTION 6
� A�SESSMEN'�S
6.1 Generai. Assessments shall be determined and assessed against the Units by the •
� Board, in its discretion, subject to the requirements and procedures set forth in this Section 5 and
the Bylaws. Assessmen#s shall include annuai Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall he allocated among ihe Uniis in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover ail of
the anticipated Common Expenses of the Association for that year which are to be shared equally
. by ail Units in accordance with the allocation set forth in Section 4.2. Annual Assessments shall
be payabie in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsib(e, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessment is levied, Declarant shal! pay all Common
Expenses.
6.3 Special Assessrnents. In addition to annual Assessments, and subject to the •
� limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation seE forth in Section 4.2. Among other things,
� special Assessments shall be used for the purpose of defraying in whole or in part(i) the cost of
' any unforeseen and unbudgeted Common Expense, (ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Praperty,and (iii) the maintenance, repair, i
or replacement of any part of the Property,and any fixtures or other property related theret�.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments,the Board has the authority to(and, in certain instances set forth in this Section 6.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following requirements and procedures:
� 6.4.1 Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common Element shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, at the
Board's discretion, be assessed exclusively against the Unit or Units benefited.
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6.4.3 In addition to annual Assessments and special Assessments,the Board h s •
the authority to (and, in certain instances set forth in this Section 6.4, shall) levy a d
' � allocate iimited Assessments among only certain Units in accordance with the followi g
requirements and procedures.
. 6.4.4 The Gosts qf insurance may be assessed in proportion of the square foota e
or actual cost per Unit.
ib.4.5 Reasonable attomeys' fees and other costs incurred by the Assaciation n
� connection with (i) the callection of Assessments and (ii) the enforcement of t e
Gaverning Documents, the Act, or ihe Rules and Regulations, against an Owner r
Occupant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, .fines, and interest may be assessed as provided n
Section 14.
6.4.7 Assessments levied under Section S15B3-llb(a} of the Act to pay a
judgment against the Assaciation may be levied only against the Units existing at t e
time the judgment was entered, in proportion to their Common Expense liabilities.
6.4.8 If any damage to the Common Elements or another Unit is caused by t e
act or omission of any Owner or Occupant, or their guests•or envitees, the Associati n
� may assess the costs of repairing the damage, or any increase in insurance rates direct y
attributable to the Act or omissifln,exclusively against the Owcaer's Unit to the extent th t
- the damage is not covered by insurance.
6.49 lf Common Expense liabilities are reallocated for any pu►pose authoriz d
by the Acf, Assessments and any installment thereof not yet due shall be recalculated 'n
accordance wi#h the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.1 chrough 6.4.8 may, at the Board's discretion, e
assessed as a part of,or in addition to,other Assessments levied under Se�tion 6.1 or 62: �
� 6.5 Workin�Canital_Fund. There shall be established a working capital fund to m t • �
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- unforeseen expenditures or to purchase additionat equipment or services for the Associatio . �
The Board may include in each suhsequent annual budget a reasonable arnount of worki g
capital,hased upon the anticipated needs of the Association for the year in question. There sh I1
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each U it
by Declarant, an amount equal to four monthly instailments of the estimated annual Assessme t
for the Unit in the year of the sale. The contribution shall be paid at the earlier of(i)the time f
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Period. T e
contributions to this fund are in addition to the regular installments of annual Assessments, d
shal! not be a credit to the regular installments of annual Assessments levied against t e
respective Unit. The funds shall be deposited into a s�gregated Association account no later th n
the termination of the Declarant Control Period. Funds deposited in said account shall not e
used to defray any of Declarant's expenses, resei-ve contributions or construction costs, nor o
make up any budget deficits during the Declarant Cantrol Period. However, upan the closing f
the initial sale of a Unit, Declarant may reimburse itself from funds collected from the purcha er
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at the closing for any prior contributions made by Declarant to the woricing capital fund with -
respect to that Unit.
6.6 LiabilitY of Owners for Assessments. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the later of (i) the time at which the Owner
� acquires tit�e to th� Unit or(ii) the due date of the first Assessment levied against the Unit by t}ie
Board. The Owner at the time an Assessment is payable with respect to the Unit shall be
personally liable for the share of the Common Eapenses assessed against such Unit. Such
liability shall be joint and severat where there are multiple Owners of the Unit. T'he liability is
absolute and unconditional. No Owner is exempt from liability for payrnent of Assessments by �
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any claim against
Declarant,the Association, or the Association's officers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. ''
6.7 Declarant's Alternative Assessment Proog,ram. The following altemative
Assessment program is established pursuant to Section S I SB.3-115(a)of the Act.
6.�.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been�levied, Declarant may elect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
occupancy or comparable City approva( has been issued with respect to such Unit by the
City.
6.7.2 The provisions of Section 6.7.1 sha11 not affect the share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
, reqaired by Section S15B.3-1 f5 of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the level of services for other
items set forth in the Association's badget.
6.7_3 Declarant's reduced assessment obligation shali apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issnance of a final certificate of
occupancy or comparable City approval E'or the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Controi Period.
b.8 Assessment Lien. The Association has a lien on a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installrnents, the full amount of the Assessment is a lien from the time the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B.3-102(a)(10), (I I), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and perfection of any lien under this Section 6, and no further recordation of any
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notice of or claim for the lien is required. The release of the {ien shall not release the Own r .
from persor�ai liability unless agreed to in writing by the Association.
6.9 Foreciosure of Lien; Remedies. A lien for Assessments may be foreclose
against a U it under the Iaws of the state of Minnesota(i)by action,or(ii) by advertisement in
like mann�r as a mortgage containing a power of sale. The Association, or its authorize
:epresentat�ve, shall have the pewer to bid in at the foreclosur.e sale and to acquire, hold, leas ,
mortga�e, �nd convey any Unit sa acquired. The Own�r and any other Person claiming a
interest in the Unit, by the acceptance or assertion of any inte:est in the Unit, grants to t
, Association a power of sale and full authoriry ta accomplish the foreciosure. The Associatio
� shall, in addition to its other remedies, have the right to pursue any other remedy at law or �
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 a
encumbrances on a Unit except{i) liens and encumbrances recorded before this Declaration, (i )
any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmen 1 �
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortga e
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of recording f
, this Declaration,and(iii) the Owner of the Unit does not redeem from the foreclosure during t e
� Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, th n
! the holder of the sherifPs certificate of sale from the foreclosure of the first mortgage shall ta e •
title ta th� Unit subject fo a lien in favor of the Assaciation for unpaid Assessments r
instalimen�s thereof]evied pursuant to Sections S15B.3-i 15(a), {e){1) to (3), (�, and (i) of t e
Act which hecame due, without acceleration, during the six months i�nmediately preceding t e
first day following the end of the Owner's geriod of redemption.
6.1�';1 Real Estate Taxes and Assessments. Real estate taxes, special assessments, a d
other char�es and fees which would norinally be levied against the Common Eiements y
govemmental autt�orities, shall be allocated equally among and levied against the Units, a d
shall be a lien against each Unit in the same manner as a lien for rea( estate taxes and real esta e
special assessments levied against the Unit alone.
6.12 Voluntarv Convevances: Statement of Assessments. In a voluntary conveyan e �
of a Unit the buyer shall not be personaily liable for any unpaid Assessments and other charg s �
made by the Association against the seller or the selier's Unit prior to the time of conveyance o
� the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments sh 11
remain against the Unit until released. Any seller or buyer shall be entitled to a statement, n
recordable form, from the Association setting forth the amount of the unpaid Assessme u
against the Unit, including all Assessments payable in the Association's current fiscal ye r,
which stat�ment shali be binding on the Association, the seller,and the buyer.
SECTION 7
' RESTRICTIONS ON USE OF PROPERTY
A11 Owners and Occupants, and ail secured parties, by their acceptance or assertion of n
interest inithe Property, or by their occupancy of a Unit, covenant and agree that, in addition o
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� any other restrictions which may be imposed by the Act or the Governing Documents, the �
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shail be owned, conveyed, encumbered, leased, used, and
occupied s�abject to the Govern?ng Documents aad the Act, as amen��d from t��ne to time. All �
covenants, restrictions, and ob-iigations set forth in the Goveming Documents are in funnerance
of a plan for the Property, and shatl run with the Property and be a burden a�zd benefit to all
Owners and Occupants and to any other Person acquiring or �wning an interest in the Property,
their heirs,personal representatives,successors,and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Section 16.2, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof. Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and ail
secured parties holding first mortgages on the Units.
7_3 Residential Use. The Units sha(I be used by Owners and Occupants and their
guests exclusively as private, single family residential dwellings, and not for transient, hotel,
commercial, business, or other non-residential purposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve manths or any occupancy
which includes services customarily furnished to hote[ guests, shall be presumed to be for
transient purposes. ,
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, ar permitted in .
any Unit or the Common E(ements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided, that such use (i) is incidental to the residential use; (ii) i
does not involve physical alteration or improvement of the Unit visible from the exterior
of the Unit; (iii) is in campliance with all governmental laws, ordinances, and I
re�ulations; (iv) does not involve observable business activity such as signs, advertising
displays, unusual numbers of deliveries, or unusual Ievels of pedestirian or vehicular
i traffic to and from the Unit; (v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.4.3 The Association may maintain offices on the Property for management
and related purposes. .
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7.5', Leasin . Leasing of Units shall be allowed (subjeet to reasonable regulation �
the Assac�ation) but only in accordance with the following conditions: (i) no Unit may e
subleased,�i(ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shall be '
writing, {i ) unless otherwise required in connection with the financing,guarantee,or insuring f
a Unit mo�p�tgage, and except for leasing of Units owned by Declarant, no lease shall be for a
. " period less� than twetve months, except for extenuat;;tg sit�at;�r,s,�{v) the Iease shall pra�ide th t
it is subjeCt to the Governing Documents, the Rules and Regulations, and the Act, and that a y
failure of the lessee to cornply with the terms o�such documents shall be a default under t e
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 ea h
Person who will occupy the Unit under the lease,and the absentee address of the leasing Own r.
The �lssociation may impose such reasonable Rules and Regulations as may be necessary o '
implement procedures for the leasing of Units, consistent with this Section and applicable ]a ,
including but not limited to{i)a requirement for a form addendum to be attached to each lease o
assure that the rights and authority of the Association and Owners and Occupants are recognize ,
and (ii) a requirement for the screening of lessees through a reputable, professional screeni g
organization; provided,that such screening shall not violate federal, state, or local discriminati n
laws.
7.6. Deleaation of Use. An Owner's right of use and enjoyment of the Unit shall e
automatic�lly delegated to other persons living in the Unit pursuant to a legal right of possessi ;
provided,i that such persons shall be subject to the Governing Documents and the Rules a d
Re�ulatio s. Unless otherwise authorized in writing by the Board, if persons other than t e
Owner o the Owner's family (e.g., ]essees) have been given the legal right to possess e
Owner's nit, then those persons shall have the right to use any recreational facilities, parki g,
storage, a�d other amenities available by reason of.occupancy of the Unit in lieu of the O er
and the Owner's family.
� 7.7 ParkinQ. There are ninety-five Common Element vehicle garage sta ls �
(collectively the "Stalls," and individualty a "Stall") in the lower 1eve1 of the Building. e
Stalls and other parking 5paces on the Property shall be used only for parking of vehicles ow d
or leased by Owners and Occupants, and such other incidental uses as may be autharized in
writing by the Association. A Stall shall not be converted to other uses or used for starage or
other purposes which would prevent the parking of a inid-size automobile in the Stall, except as
authorized in writing by the Association. The use of the Stalls, other parking spaces, d �
driveways on the Property, and the types of vehicles and p2rsonal property permitted there n,
shall be subject to regulation by the Association, including, but not limited to, the right of e
Association to tow illegally parked vehicles or to rernove unauthorized personal property.
� 7.$ Stalls_ The Stalls shall be assigned to various Units; and the operation d
transfer qf the Stalls shall be administered, in accordance with this Sectian 7.8. The follow'ng
conditioruis and restrictions shall govem the assignment, use,and transfer of the Stalls.
7.8.I The initial assignment of a Stall to a Unit shall be made by the Associat on
a� directed by Declarant at the time of the first conveyance of the Unit by Declar t.
Ulpon the closing of the initial sale of a Unit, the Association shall, as directed by
Dl,eclarant,assign to the Unit the exclusive right and license to use at least one Stall. E ch
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+ Stall assigned by the Association shall be deemed to be licensed and assigned by the .
Association to the Unit to which it is assigned. After all Units owned by Declarani have i
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rentai or assignment by the Association to Owners or Occupants, as determined by the
R�a:d. '�"!1e Association may, after Deciarant no longer awns an; �r,='t, rent or o�herxise
assign any unassigned Stalls to Owners or Occupants. _
7.3.2 The use rights with respect to each Stall shall be deemed to be licensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Association sha13
maintain records identifying the Stalls, 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 garage stall assignment(the"Garage Certificate"} sha]I be signed and dated �
on behalf of the Association and made available for delivery on the date the Owner
' acquires title to the Unit to which the Stall is assigned. The Association shall not.
unilateralfy reassigr► any Sta]I assi�ed to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Sta11 shall remain with the Unit to which is it assigned unti] the license
is transferred in accordance with this Section 7_8.3. Subject to Section 7.8.2, a Stall
license may be transferred to another Unit,but only by first delivering to the Association
(i) a written transfer certificate, rn a form approved by the Association, signed by the
transferor and the transferee, and (ii) all prior Garage Certificates and copies thereof
issued with respect to the Stal1. The Association shall review the proposed transfer
• certificate for comp(iance with this Section 7 and, if the transfer complies, the
Association shalI transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The ticense to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with this Section 7.8. In the absence of a properly executed assignment to
the contrary, the ]icense to use a Stall assigned to a Unit at the time of the Unit's �
conveyance shalt be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Unit j
only to or by other Owners and Occupants_ The lease or other use right shall be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the StaI! assigned to that Owner's Unit, and shal) promptly provide a copy
of the lease or use agreement to the Association. The Association may hold,reassign the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first]ien or other security interest
on a Unit shall include the license to any StaEl which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer f •
an interest in a Stall in violation of this Section 7.8 shall be void:
I�� 7.8.7 The use of the Stalis, and the size and types of cars and other motoriz d
vehicles which may be kept in a Stall, are subject to Rufes and Regulations as approv d
. froTn_time to time by the 3oard. •
7.� Stora�e Spaces. There are ninery Common Element storage spaces located in t e
lower levei of the Building (collectively the "Storage Spaces," and individually a "Stora e
Space"). The assigmnent of the Storage Spaces, and the operation and #ransfer of the Stora e �
Spaces, shall be administered in accordance with this Section 7.9. The following conditions a d
restrictions shall govern the assignment,use, and transfer of the Storage Spaces.
' 7.9.1 The initial assignment of a Storage Space to a Unit shall be made by t e
Association as directed by Deciarant at the time of the first conveyance of the Unit y ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as direct d
by Declarant, assign to the Unit the exclusive right and license to use at least one Stora e.
Sp�ce. Each Storage Space assigned by the Association shall be deemed to be licens d
anc�assigned by the Association to the Unit to which it is assigned. After all Units own d
by Declarant have been conveyed, any unassigned Storage Spaces shall be deemed to
ass gned to the Association. The Association may, after Declarant no longer owns a y
Un t,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants. �
� 79.2 The use rights with respect to each Storage Space shall be deemed to e
licensed exclusively to the Owner of the IJnit to which the Storage Space is assigne .
Th�Association shall maintain records identifying the STorage Spaces, the Units to whi h
they are assigned, the names of the Owners of the Units, and the dates of assignment a d
any reassignments. A written certificate of Storage Space assignment (the "Stora e
Certi6cate") shall be signed and dated on behalf of the Association and made availab e
for delivery on the date the Owner acquires title to the Unit to which the Storage Space s
assigned; provided, that the Owner has been assigned a Storage Space. The Associati i
shall not unilaterally reassign any Storage Space assigned to a Unit.
7.9.3 A Storage Space license shall remain with the Unit to which it is assigne
until the ticense is transferreri in accordance with this Section 7_9.3. .Subject to Sectio
7.9.2, a Storage Space may be transferred to another Unit, but only by first delivering t
the Association (i) a written transfer certificate, in a form approved by the Associatio ,
sigried by the transferor and transferee, and (ii) atl prior Storage Certificates and copi s
theueof, issued with respect to the Storage Space. The Association shall review th
pro osed transfer for compliance with this Section 7.9 and, if the transfer complies, th
As�ociation shall transfer the license on its records to the Unit owned by the transfere
and�� issue a new Storage Certificate to the transferee. The license to use the Storag
Spa�ce shall remain with the Owner and Unit to which it is transferred until the license i
tra�sferred in accordance with this Section 7.9. In the absence of a properly execute
assii�nment to the contrary, the license to use a Storage Space assigned to a Unit at th
tim� of the Unit's canveyance shall be automatically assigned with the conveyance f
title to the Unit.
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{ 7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his •
or her Unit only to or by other Owners and Occupants. The lease or other use right shall
be in written form, and shall terminate when the lessor, lessee, or ather user is no longer
an Owner or Occupant, regardless of the terms of any agreement to the contrary. The
� Owner shall give the Association advance written notice of any lease or use agreement
�vith respect to the Storage Space assigned ta thaL Owner's� Unit, and shall promptly
provide a copy of the lease or use agreeir,ent to the Associatinn. The Association may
hold, reassign the licens� for, or rent, a StQrage Space assigned ta it in the same manner
as an Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the even# of a
foreclosure of the lien or other security interest.
7.9.b Any license, ]ease, rental, assignment, transfer, or purported transfer of �
any interest in a Storage Space in violation of this Section 7.9 shall be void. .
' 7.9.7 T'he use of the Storage Spaces, and the items that may be stored in the
Stora�e Spaces, are subject to Ruies and Regulations as approved from time to time by
the Board.
7_10 Animals. The Board shall have the exclusive authority to regulate or prohibit, by �
' the Rnle and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs {except Rottweillers, Pitbulls, or poberman Pinschers), cats, small birds, small
fish, and other animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not Limited to,the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.1O.Z Pets shall be kept solely as common domestic househoid pets, ar as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No anirnal of any kind shall be raised or bred, or kept far business or
commercial purpases, by any Person upon any part of the Property.
7.103 Pets sha]! not be allowed ro make an unreasonable amount of noise, or to
become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shall be housed only wi[hin Units, and not within the Common
Elements. No structure, fence, or enclosure for the care, housing, or confinement of any
pet shall be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.10_5 Pets shall be under control of an aduit individual ai all times when outside �
of the Unit.
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� , 7.10.6 Owners and Occupants keeping Qets within their Units are responsible f r •
' th� pet's behavior and for complying with municipal pet Iaws, ordinances, a d
� reguiations. An Owner is liable to the Association for the cost of repair of any damage o
th Property,or the damages and expenses associated with any personal injury,caused y �
• an�animal (i) kept by that Owner on the Property, (ii) kept on the Property by n . -
Oq�upant of that Owner's Unix; or(iii) brought upon the Pro�erty by a guest or invitee f �
thalt�wner or that Occupant. ;he owner of that animal (ii not that Owner)shalI also e
iiable for such costs,damages,and expenses.
7.i 0.7 The Board shall have authority to deterrnine in its sole and absolu e
discretion whether a particular pet shall be permanently removed from the Property bas d
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Section ,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii} any addition 1
restrictions approved by the Board; provided, that such removal shall be subject o
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 restrictions shall be an Assessment against the Owner s
Unit.
, 7.1',i Quiet Eniovment; lnterference Prohibited. Subject to Section '7.16, all Owne s
' and Occupants and their guests shatl have a right of quiet enjoyment in their respective Unit ,
subject to ithe rights of other Owners and Occezpants to reasonable use of their respective Uni s
and the usuat and customary sounds generated thereby given the multi-fami(y, apartment-sty e
siructure of the Building. Taking into consideration the nature of the Building structure, Owne s
and Occu�}ants and their guests shall use and occupy the Property in such a manner as wil] n t .
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and qui t
enjoyment'of the Property by other Owners and Occupants and their guests. .
7.12 Comvliance with Law. No use shall be made of the Property which wouid viola e
any then existing municipal codes or ordinances, or state or federal laws and regulations, n r
shall any act or use be permitted which could cause waste to the Property, cause a materi 1 i
increase in insurance rates on the PropeRy, or otherwise cause any nnusuat liabiliry, health r j
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 initial sa e
of a Unit and except as otherwise provided in 5ection 8, no alterations (as defined in Section )
shali be made, or caused or allowed to be made, in any part of the Common Etements, or in a
part of the Unit which affects the Common Elements or another Unit, or which is visible fro
the exteridr of the Unit, without the prior written authorization of the Board, or a committ e
appointed by it, as provided in Section 8. No Owner or Occupant shall {i) cause or permit a
physical c}Qanges to his or her Unit that could jeopardize or impair the weather-tight soundness r
safety of tt�e Building,or any Building system, or other improvement ]ocated on the Property; r
{ii) interfe e with any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
form of tease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.]5 Access to Units. ln case of emergency which constitutes an immediate and
mater�al threat to the Property or to the health ar safety oF the Owners or Occupants, all Units
and the Limitzd Elemenis are subject to entry, without notice and at ar:y time, by an o�cer or
member of the Board, by the Association's management agents, or by any public safety
personnei. Entry is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
• 7.16 Public Works Facilitv. The City's public works facility(the"Facility"}is located
directly to the west of the Property. The Facility is.used by the City for, among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City. The Facility is operated by the City twenry-four hours a day, seven days a week. Given ;
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,sounds,lights,and smetls associated with the Facility.
7_l7 StoraQe. Subject to the provisions of Section 7.9, personal property may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Baard. All
partions of the Common Elements used for access to and from the Units and to and from the
loiver level of the Building, may not be obstructed, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage.
7.18 Prohibited Conduct. No Owner or Qccupant shall{i}cause or permit any physical
� changes to their Unit or the Common Elements that could jeopardize or impair the weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii) interfere with any easement; (iii) install or permic the installation of hard surface
floor coverin�s within their Unit without the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which could affeci or
damage the sound barriers or sound attenuation materials instatled on or within the ceilings,�
floors,or walts of the Units without the prior written authorization of the$oard.
SECTION S �
ARCH[TECTURAL STANDARDS
i 8.l Restrictions on Improvernents. One of the purposes of this Declaration is to
ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structura!!y sound. Therefore, except as set forth in Section 8.5, the following restrictions and
requirements sha1S apply to alterations on the Property:
8.1_t Except as expressly provided in this Section 8, no modifications,
improvernents, repairs, or replacements of any type, whether temporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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indiJ�idually a "alteration"), including, but not limited to, any structure, buiiding '
addi�ion,deck,patio, fence,wall,enclosure, window,exterior door, antenna or other typ
of sending or receiving apparatus, sign, flag, display, decoration, color change
shrubbery, materiai topographical or landscaping change, or any other exterior alteration
to or of a Unit or a Limited Common Element, shail he made, or caused or allowed"to b
nau�, by a;,y Owner or Occupant,�or their invitees, in any part of.Se Cammon EIements
or ir� any part of the Unit which affects the Comman Elements or another Unit, or whic
is visible from the exterior of the Unit, unless and until the plans and specification
shoW✓ing the nahare, kind, shape, height, calor, materia}s, and locations of the alteration
shall have been appro"ved in writing by the Board or a committee appoinied by it. 1
addi'tion, Declarant's written consent shall also be required for alterations until Declaran�
no lpnger owns a Unit for initial sate.
i 8.1.2 The Board may appoint, supervise, and disestablish an architectu 1
committee, and specifically delegate to it part or all of the functions which the Boar
exercises under this Section 8, in wbich case the references to the Board shall refer to th
arc}}itectural committee where appropriate. The architectural committee shall be subje t
to the supervision of the Board. �
8.1.3 The Board shall establish the criteria for approval of alterations, whic
sha�! (i) adequately protect the Property, the Association, and the Owners and Occupant ,
fro,m liability and liens arising out of the proposed alterations or any construction activi
in connection therewith, and (ii) cornply with ail governmental taws, codes, an
regulations. The criteria for approval of alterations shall include and require, at a
minimum:
� 8.t 3.1 substantial uniformiry of color, location, type, and design �n
relation to existing structures and topography,
8.1.3.2 comparable or better quality of materials as used in existir�g
! improvements on the Property, • �
� S_1.3.3 ease of maintenance and repair, ;
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8.1.3.4 adequate protection of the Property, the Association, the Owne s,
i and the Occupants from liability and liens arising.out of the proposed alterations
' 8.L.3.5 substantial preservation of ather Owners' sight lines, if materi$1,
and I
i 8.1.3.6 compliance with governmental laws,codes,and regulations.
8.1.4 The Board, or the appointed architectural committee if so authonzed y
th� Board, in i4s soEe discretion, may impose standards for design, appearance, or
canstruction which are greater or more stringent than standards prescribed by e
Gpverning Documents, or by building, zoning, or other governmental laws, codes, or
. regulations; provided, that such standards shall be consistent with the architectu al
cHaracter and use of the Property as planned and deveIoped by Declarant. The Board, or
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the appointed architectural committee if so authorized by the Board, shall be the sole • •
judge of whether such criteria are satisfied, and its determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person holding or acquiring an
interest in the Unit. The purpose of the criteria established by the Board shall be (i) ta ;
preserve the architecturai sryte and uniformity, the quality and value of the Praperty, and I
(ii) to procect the A.sseciatior. ar.d the Qwners frRm u*�dus lia�:lity a*:si:;g au: ef the •
aiterations or any construction activity in connection therewith. �
8.i_5 Alterations may be made in compliance with Section 51 SB.2-I 13 of the
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S 15B.?-114 of the Act.
8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the $uilding and Units, shall create an appurtenant easement 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 file of the resoiutions approving all alterations shal{ be maintained permanently
as a part of the Association's records. �
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section 8:
8.2.1 Detailed plans, specificaiions, and related information regarding any
proposed alteration, in form and content acceptable to the Board,shall be subrnitted to the
$oard (or the committee)and to Declarant(as long as Declarant is the owner ofa Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant is the j
owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the
Board (or the committee) and to Declarant (as lonb as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board(or the committee) and to
' Declarant (as long as Dectarant is the owner of a Unit), then approval shall be deemed to
be granted; provided, that the alterations are done in accordance with the plans,
specifications,and related information which were submitted. �
8,2.3 If no request for approval is submitted, a.pprova! shall be deemed to be
denied.
83 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and sha]1 be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each of the Owner's Units and he a pe:sonal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
M PLS-Word 95281_I I 20
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of the Bui�ding or that Unit to the prior condition if any alterations were made in violation of is •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a]i n
againsi ea�h of the Owner's Units.
8.4 Owner Resvonsibilitv/Indemnity. An Owner who causes an alteration to e
made, regardless of whether the alteration is approver!by the Baard, shall bc responsible for ,e
� construction work and any claiins, damages, iosses, or liabilities arising ont of the alterati n.
The Owner, and not the Association, is resp�nsible for determining whether any alteration is in
violation �f any restriction impased by any governmenta] authority having jurisdiction over a y
portion of the Property. The Owner sha11 hold harmtess, indemnify, and defend the Associati n,
and the Association's officers, directors, cornmittee members, and management agents, from a d
against ar�y expenses, claims, damages, losses, or other liabilities, including without limitati n
attomeys' fees and casts of litigation, arising out of (i) any alteration which violates a y
governme�ntal Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of t e
specifications or standards for construction of the alteration, and (iii) the construction of t e
alteration.
8.5 Exemotions. The requirements set forth in this Section 8 (except Section 8 4)
shall not apply to[he following:
� 8.5.1 Construction, reconstruction, or remodeling by Declarant in connecti n
with its sale of Units.
' ' 8.5.2 The installation of the following aniennas within a Unit or within a �
Limited Common Element, as permitted by applicable law: (i) one antenna one meter or
le�s in diameter for the purpose of receiving direct broadcasdsatellite service or vid o
programming services, or (ii) any antenna for receiving television broadcast sign ls.
However, the Board or a committee appointed by it, may require that the antenna e
in�talled so as to minimize its visibility from the front of the Unit and otherw se
camouflage its appearance, unless such requirements would violate applicable law. e
Board shall have authority to impose further, reasonable related requirements consist nt
with law. The Owner or Occupant of the Unit shall perform and pay for the installati n,
maintenarice, and repair of the installation. . i
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! 8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 9
MAINTENANCE
9.�1 Main[enance bv Association. Subject to Section 9.2,the Association shall prov de
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"maintai�") of the Common Elements and the Limited Common Elements, in accordance wi ,
and subje�Ct 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 Limi ed
Common Element is allocated. The Association may assign to an Owner the obligati n
MPLS-�Vord 95281.1 I 21
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for routine maintenance of a Limited Common Element allocated to the Owner's Unit. d
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and the Unit, perform the maintenance, charge the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
' Association shall have an easement on, over, and through that Unit and the Limited
�ommon E�ement far purpeses of pPr;erming said maintenance. �
9.1.2 The Association shatl be responsible for incidental damage caused to a.
Unit or its Limited CommQn Elements by work undertaken by the Association pursuant
to this Section. �
9.1.3 !f damage to the Common Elements, the Cimited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or Occupant
has caused or allowed to exist,then the Association may repair the damage or correct the '
condition, eharge the Owner for the eost of the maintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1. 'Che Association sha11 have an easement on, over, and through that Unit
and the Limited Cornmon Elements for the pnrposes of performing said repair or
correction.
9_l.4 Notwithstanding the assigmnent of any maintenance obligations to an
Owner, the Association shall have authority to approve any maintenance which af�'ects
any part of the Property other than the Unit, which may impair any easement, or which
alters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Elements
in accordance with that certain Deciaration 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 Association has the obligation to maintain
thase unpaved portions of Kelley Parkway]ying within the Common Elements.
9.2 Optional Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may,with the approvat of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written ballot, undertake to provide
maintenance to parts of the Units.
9.3 Costs of Maintenance by Association. A1! maintenance performed by the .
Association under this Section 9 shall be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant ro Section 6.4.
9.4 Owner Resnonsibility. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and repiacernent as follows: .
MPLS-Word 95281.1 I 22
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9.4_1 To maintain a!I portions of the Owner's Unit in good, clean, and sanit •
condition, and to maintain the Limited Common Elements aIlocated to the Owner's U it
to fhe extent assigned to the Owner under Section 9.1.I. The Association may require ch t �
th Owners perform their maintenance obligations in accordance with standar�is
esi�ablished by the Association.
' - 9.42 To perforr�� the foregoing mair,terance obligations in such manner as n t '
to Idamage the Property, or unreasonabiy disturo ar cause a hazard to other Perso s
. occupying or usin�the Property.
The Association may, with the a�proval of the Members, undertake a y
maintenance of a Unit which the responsible Owner Pails to or improperly performs, a d
� assess the Unit and the Owner for the cost thereof. No such approval shall be necessa
if the Association has the authority under the Governing Documents to perform su h
maintenance. Such cost shall be a personal obligation of the Owner and a lien against t e
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects n
or damage to those parts of the Property which the Associatioa is obligated fo maintai .
The Board may require that the Qwners perforrn their maintenance obligations n
accordance with standards established by the Association.
9_S Waste of Common Utilities or Commonlv Metered Utilities. An Owner r
Occupant',of a Unit shall not cause waste, or unreasonable use, of common utilities or utiliti s
that serve I�the Uni# but which are commonly metered. In the event the Association determin�s
that such �aste or unreasonable use is occurririg, the Association shall have the authority to leyy
againsk th Unit (under Section b.4, or otherwise), and charge to that Owner; the costs, charge�s,
� and fees �whether billed by the utility provider, vr otherwise) associated with that waste r
unreasonable use. Such costs, charges, and fees shall be calculated by the Association usi g
reasonabl� methods. Notwithstanding any provision to the contrary in this Declaration, t e
Associatian may repair or correct any condition (and enter upon any Unit and Limited Comm n
Element to da so) cattsing the waste or unreaso�able use. The cost of the repair or correcti n
may, at the Boaid's discretion, be assessed against the �Jnit, and may,at the Baard's discretio ,
� be the personal obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes to the Propertv. Except as permitted by this Declaratio , '
no Owner or Occupant shall, without prior written authorization from the Baard in accordan e
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, wheth r
temporary or permanent, to be made to a Unit or the Common Elements, if such chan e
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 Comm n �
El ments that could jeopardize or impair the weather-tight integrity, safety or soundne s
of any part of the Property, any system or equipment on or within the Property, or a y
ot er irnprovements located on the Property.
• 9.63 [nterfere with or otherwise impair any easement.
MPLS-Wocd 9 281.1 I 23 .
9.7 DutY to Reoort Defects. Owners ar Occupants shail promptly report to the •
Association any defect or need for repair to those parts of the Property which the Association is
obligated to maintain. �
9_8 DamaQe Caused by Owner. Notwithstanding any prvvision to the contrary in this
Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
Pr�perty:s ca�:se�by th�willful ar neglige.^.t a�t or omission af ar.Owner or Qcc�sQant,Lhe guest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has wi]lfuiiy or negligently allowerl to exist, the Association may cause such
' damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Element to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obiigation of the Owner and a iien
against that Owner's Unit.
SECTtON 10
1NSURANCE
10.1 Required CoveraQe. The Association shall obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirernents set for[h herein issued by one or more than
one reputable insurance c�mpany authorized to do business in the state of Minnesota,as follows:
i0.1.1 Property insurance in broad form covering all risks of physical loss in an
amount equai to one hundred percent�of the insurable"replacement cost"of the Property,
exclusive of (i)deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage (bui including all building service equipment and machinery): •
� The Association, at iis soie discretion, may or may not insure the following items:
ceilang and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments regardless of when installed, and any items referred to in Section '
SISB3-113(b)(i) through (vii) of the Act, but must do so if required by the Federa] !
National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary +
of Veteran's Affairs ("VA"). The policy or policies shall cover persona! property owned
by the Association. The policy or policies shall also contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a precondition to their insuring, purehasing or financing a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitation the
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain specified
coverages or endorsements in effect.
10_1.2 Commercial general liability insurance covering the use, operation, and
maintenance of the Comznon Elements, with minimum limits of one million doilars per
MPLS-Word 95281.11 24
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occurrence,against claims for death,bodily injury,property damage, and such other ris '
as �re customarily covered by such poiicies for projects similar in canstruction, locatio
and use to the Property. The policy shall contain a"severability of interest"endarseme t
which shall preciude the insurer from denying the claim of an Owner or Occup t
bec�use af negligent acts of the Association or other Owners or Occupants_ The poli y
sha�11 inc3ude such additiana! e7dorsements, coverages and limiis with respect ta suc. _
hazards as may be required by the regu9ations of the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mortgage on a Unit.
I0.13 Fidelity bond or insurance coverage against dishonest acts on the part f
direciors, officers, managers, trustees, employees, or persons responsible for handli g
. funds belonging to or administered by the Association, if deemed to be advisable by e
Bo rd or required by the regulations of any financing-related institution as a preconditi n
to �e purchase, insurin�, guarantee, or financing of a mortgage on a Unit. The fideli �
bond or insurance shall name the Association as the named insured, and shal] comp y
with the regulations of the FNMA, FI-ILMC, FHA or VA, if required by one of su h
agencies as a precondition to the purchase, financing, insuring, or guarantee of a
mdrtgage on a Unit. An appropriate endorsement to the policy to cover any persons w 'o
' serve without compensation shall be added if the policy would not othenuise cov r �
volunteers, or a waiver of defense basea upQn the exclusion oP persons serving witho t
co�npensation shall be added,
L0.1_4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liabiiity insurance with such reasonable limits a d.
coLerages 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 e
in the best interests of the Association and the Owners.
]0.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, 11
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 insuran e,
any incre�sed cost may be assessed against the Units affected. The Association may, in the ca e
of a claim for damage to one or more than one Unit, (i) pay the deductible amount as a Comm n
i Expense, (ii) assess the deductible amount against one or more than one Unit affected in a y
reasonabl� manner, or(iii) require the Owners of one or more than one Unit affected to pay e
deductib!$ amount directly. The Association's decision as to who shall be charged with gayi g
the deductible amount may, but need not, be based an fault. Notwithstanding anything to t e
contrary in this Section ]0, the Association may, in the case of claim against the Associatio 's
property i surance�,assess the deductible amount against all of the Units equally in the event t at
the deduc�ble amount is calculated by the insurance company based upon the percentage of e
value or cost(replacement or otherwise)of one or more than one Unit or Building.
1 QI.3 Loss Pavee; Insurance Trustee. All insurance coverage maintained by e
Associatipn shall be written in the name of, and the proceeds thereof shall be payable to, e
Association (or a qualified insurance trustee selected by it) as trustee for the benefit of e
MPL.S-Word I5281.11 25
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Owners and secured parties which suffer loss. The Association, or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and cotlect upon any claims or losses ,
under any insurance policy maintained by the Association. �
�
. 10.4 Reauired Policv Provisions. Alt policies of property insurance carried by the
. Association shall provide, if practicable;that:
10.4.1 Each Owner and secur�d party is an insnrzd Person under the policy with
resDe�t to liability arising out of the Owner's interest in the Common Elements or
membership in the Association. �
10.42 The insurer waives its right to subrogation under the palicy against any I
Owner or member of the Owner's household and against the Association and members of I
the Board.
1�.4,3 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Properry over which the Association has no
controL
. 10.4.4 If at the time of a loss under the policy there is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary.
10.5 Cancellation; Notice of Loss. All policies af property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All poticies of insurance maintained by the Association shall be �
the primary insurance where there is other insurance in the name of the Owner covering the same
properiy, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees_ � ;
]0.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "gap coverage"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal liability, and covering insurance deductibles that may be levied by the
Associakion against the Unit. insurance policies maintained by Owners are without contribution
as against the insurance �urchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon requesi by the Association, an Owner
sha{1 immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 95281.f I �6
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� SECTlON ]1 �
,RECONSTRUCTION, CONDEMNATIQN,AND EMINENT DOMAIN
11 i 1 Reconstniction. The obli�ations and procedures for the repair, reconstruction, or �
dispGsitio� of the Property following damage or destruction there�f shall be governe�by the A :.
Any repair or reconstruction shal] be commenced as soon as practicab3e after the casualty a d
shall be substantially in accordance with the plans, specifications, and design of the Property as
initially e�Onstructed and subsequently improved. Notice of substantial damage or destracti n
shall be glven as provided in Section 15.10. � I
l 11.2 Condemnation and Eminent Domain. In the event of a taking of any part of�he I
Propercy by condemnation or eminent domain, the pr�visions of the Act shall govern; provid�d,
(i) that ndtice shall be given as provided in Section 15.]p, (ii) that the Association shall be he
attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlements, or
agreemen,ts, and {iii) that any awards or proceeds shall be payable to the Association for he
benefit of the Owners and the mortgagees of their Units. Eligibte Mortgagees shall be entitle to
priority for condemnatian awards in accordance with the priori2ies established by the Act and he �
Goveming Documents, as their interests may appear.
, 1�.3 Termination and Liquidation. The terinination of the Condaminium, and he
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of fu ds
shall be �ased upon the value of the Units as determined by their retative value for prap
insurance purposes, and shall be made to Owners and their mortgage holders, as their inter sis
• may appear,as provided in the Act. �
11.4 Notice. The Association sha11 give written notice of any condemnat on
proceedings or substantial destruction of the Property to the -Eligible Mortgagees entitled to
notice unlder Section I 5.10. �
�
1�.5 Association's Authoritv. ln al] cases involving reconstruction, condemnati n, '
eminent domain, tennination or liquidation of the Condominium, the Association shall h ve
authority to act on behalf of the Owners in all proceeciings, negotiations, and settlement of
claims. J�111 proceeds shall be payable to the Association to hold and distribute for the benefi of
the Own�rs and their mortgage holders,as their incerests may appear, in accordance with the et_
I SECTION l2
I i
' EASEMENTS i
T'he fc]lawing appurtenant easements and rights are hereby granted,conveyed, dedica ed,
and reserved on, over,under, and across the Property,as applicable.
1i2.1 Utilities, Services, and O,�eratin� Svstems. The Common Elements and the U its
shall be �ubject to and benefited by nonexclusive easements in favor of the City, the Associa ion
and all tiliry companies and other service providers for the installation,use, maintenance, re air
and rep�cement of ail utilities, services and common operating systems, such as natural as,
electrici y, cable TV, security, telephone and other electronic communications, water, se er,
MPLS-Word 95281.1 1 77
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septic systems, wel]s, and similar services, fire conirol systems and other common operating -
systems, and metering and contral devices, which exist, which are constructed as part of the �
Properry,which are approved by the City,which are approved by the Association under authority
contained in the Governing Dacuments or the Act, or which are described or referred to in the
Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners
and Occupants there�f, sha?1 also be s�sbject ta and benefited by a non-excl�sive easement in
favar of the other t}nits, the Common Elernents, and the Assaciation for a]I such utilities, �-�"
services, fire control systems, and other common operating systems. Uti]ities and related
services or systems shall be installed, used, maintained, and repaired so as not to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Building, the Units,or the Common£lement improvements. �
.
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��`
Owners and Occupants therein, sha]! be subject to a nonexclusive easement in favor of the
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of the Property, for improvements which are added in •
compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shal! exist for the encroachment, for the use,enjoyment, and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Irnpravements or alterations added pursuant to Section 7.]3 shall be limited to minor
� encroachments, and no easemeni shall exist unless Ehe proposed improvements or alterations
have been approved and constructed as required by this Declaration. Such easements sha11
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Structural Support Easements. Each Unii and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements for structural support in aIl walts,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unii shall be the beneficiary of a nonexclusive easement for access ,
to and from public roadways and walkways on and across those portions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or otherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and Regulations. The right of access of the Owners and
Occupants, and their invitees, to and from the roadway to the wesi of the Property, commonly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
recorded in the office of the County Recorder in and for Hennepin County, Minnesota, as
Document No. Q 75 . That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
12.5 Inst�ection, Maintenance, Repair, Replacement and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and ihe Common Elements and Limited
Common Element, sha]t be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, repiacement, and
reconstruction of the Common Elements, the Units, and other improvements located within #he
M PL.S-W ord 952R L l I 2 g
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Units, andl,the utilities secving the Units, to the extent necessary for the Association to fulfill ts -
obligations under t�e Governing Documents or for Declarant to investigate or undertake ts
warranty pbligations. Each Owner shall afford to the Association and its management age ts
. and emplbyees, access at reasonable times and upon reasonable notice, to and through t e
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, a d
- replaceme�t; provided, that access to ihe Unit and iEs Limited Cammon Elements may be h d
� without ndtice and at any time in case of emergency. '
1216 Public Safetv and Health Access. There are nanexclusive easements in favor f
� the City and other applicable governmenial authorities or agencies as shall from time to ti e
have jurisdiction over the Property, on and across drives, walkways, parking areas, and ot er
open spac�e areas of the Property for reasonable access to perform.such duties related to 1 w
enforcement, fire protection, life safety, health, and sanitation as are reasonably required fr m
time to time. Such easements shal[ include access through and into the affected Units a d �
Limited C;�omrnon Elements in the.case of an emergency. .
12.7 Eme�encv Access. In case of emergency or perceived threat to public health or
safety, al� Units and Limited Common Elements are subject to an easement in favor of e
Association for access, without natice and at any time, by an officer or member of the Board, y
the Association's management agents,or by any public safety personnel. The Board may re�a re
that an 4�✓ner 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 e
locations of the keys, so as to allow access for emergQncies when the Owner or Occupant is
absent fro�n the Property for extended periods.
12,.8 Recorded Easements. The Property sha11 be subject to such other easements as �
may be re��corded 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 wi h,
the easerr�ents created by this Declaration. Such recorded easements include, but are not limi ed
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
Documen�No. 8406752. Pursuant to that Declaration of Easernents, Restrictions and Covena ts,
the /�ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lyi g
within the Common Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexclus ve
easements for storm water drainage in favor of Ehe Owners and Occupants for reasonable sta
water dralnage, and other norma! site drainage, over those parts af the Common Elements wh ch
may be designed, improved,or graded for such purposes. '
� 1�.10 Use and Eniovment Easements_ There are nonexclusive easements in favor of he
Owners and Occupants of the Units for use and enjoyment on and across the Comman Eleme ts,
and for e clusive use and enjoyment of any Limited Comrrion Elements allocated to the U it,
subject tq�any restrictions authorized by, or set forth in, the Governing Documents or the Ru es
and Reguiations. .
MPLS-Word 95281.1 I ' 29 •
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12.11 Declarant Ri¢hts and Easements. The Units and the Common Elements are - '
subject to exclusive easements and rights in favor of�eclarant for the exercise of its declarant
rights as described in the Governing Docnments,and for the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafter to review the condition of the �
Property and Building systems and to determine whether Unit and Building maintenance
requirements are being fo1!owe�i. �
1%.12 Duration, Restrictions, and Use. The rights and easements granted or reserverl by
this Section 12 shall be permanent, shall run with the land unless otherwise expressly indicated,
and shall be subject to the following qualifications:
' t2.12.1 The easements shall supplement and not limit any easements described
i elsewhere in this Declaration or any other recorded instrument.
I
� 12.122 The easements shall be subject to reasonable regulation by the
! Association and shall be subject to such reasonable limitations as to location and routing
as may be estabtished by the Association or any govemmental authority.
12.123 The easements shall include reasonabie access over, under, and across
the Property to maintain, repair, rep)ace, and reconstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefiting or
burdening .the Property, or any e9uipment or improvements relating to the easement,
subject ta this Declaration and the right of the Association to i�npose reasonable Rules
and Regulations governing the use of the Property. �
12.12.5 No improvements shall be erected or maintained, no excavation, .
grading or reshaping�shall be undertaken; and no fill or oti�er material shall be placed, in
an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or impede the intended flow of water
through any drainage easement area.
12.12.6 Persons exercising easement rights shall (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail costs inc�rred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and (iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors af the Association, from and against all
claims, damages, losses, and other liabilities arising out of the exercise of the easernent
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Declarant no longer owns a Unit.
12.]2.8 No grant, dedication, or creation of an easement under this Declaration
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of th'is Declaration that the Common Elements be and remain priyate property
MPLS-Word 95281J 1 30
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subject to operation and regulation by the Association, and that the Units be and rem 'n '
private property subject to operation and regulation by the respective Owners there f
and/or the Association,as applicable, a11 in compliance with the Governing Documents.
; 12�:]3 Restriction on Third Partv Easement Grants. Except for Declarant in the exerci�e
� of its rights under this Decfaration, and except for the Boarsi in the exer�ise t�f authority grant d
by the G�overning Documents, no Ferson shail create, grant, or convey any easement �°r
compara.b}e rights upon any portion of the Property without the prior written approval of the
Board;prov�ded, that the Board shall authorize an Owner to grant an easement over the Owne 's
Unit if(i)�the easement will not adversely affect the Common Elernents ar another Unit and (i)
the easement is consistent with the overall design and plan far the Property as established y
Deciarantiand approved by the City.
,
12.14 Continuation and Scope of Easerr�ents. Notwithstanding anything in t is '
, Declaration to the contrary, no Owner or Occupant sha11 be denied reasonable access to his or
her Unit or the right to utility services thereto. The ease3nents set forth in this Section 12 sh l!
supplement and not limit any easements described elsewhere in this Declaration or recorded, a d
shall incl�ude reasonable access to the easement areas through the Units and Ehe Comm n
Elements'far purposes of maintenance, repair, replacement, and reconstructian. All easem nt
rights sha�tl include a right of reasonable access to maintain, repair, and replace the utiliry li es
and relate'�equipment.
S�CT10N 13
� COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in e
. Property,; shall be governed by and comply with the provisions of the Act, the Governi g
Documer�ts, and the Ruies and Regulations, and such amendments thereto as may be made fr m
time to �ime, and the decisions of the Association. A failure to comply shall entitle he �
Associaubn to the relief set forth in this Section, in addition to the rights and remedies authori ed
elsewher� by ihe Goveming Documents and the Act.
1 .1 Entitlement to Relief. The Association may commence legal action to reco er
sums du , for damages, for injunctive relief or to foreclose a lien owned by �it, or y .
combinat�on 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 Ow r, '
or by an Owner against the Association or another Owner, to enforce compliance with he
Governin�g Documents, the Rules and Regulations, the Act, or the decisions of the Associati n.
However no Owner may withhold any Assessments payabte to the Association,or take(or o it}
other acti�n in violation of the Governing Documents,the Rules and Regulations,or the Act, a
measure�o enfor�e such Owner's position,or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or impli d,
administi`ative or legal, the Association shall have the right, but not the obligation, to implem nt
any one c�r more of the following actions against Owners and Occupants andJor their guests, ho
violate the provisions of the Governing Docuinents, the Rutes and Reguiations,or the Act: '
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13.2.1 Commence legal action for darnages or equitable relief in any court of �
� competent jurisdiction.
13.2.2 Impose late charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
following the month for which th�Assessment or instaliment was due.
13.2.3 in the event of default of more than thirty days in the payrnent of any
Assessmeni or installment thereof, al� remaining insfallments of Assessments assessed
against the Unit owned by the defaulting Owner may be accelerated and shall then be
payable in full if ail delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of collection, and late charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shall be given to the defaulting Owner.
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Qwner or Occupant and their guests to use any
Common Element amenities; provided, that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities
service and access to the Unit. Such svspensions shall be limited to periods of default by
; such Owners and Occupants in their obligations under the Governing Documents,and for
up to thirty days thereafter, for each violation. ,
13.2.6 Restore any portions of any Common Elements, Unit,or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any Owner or
Occupant or their guests in vioiation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elemenu in
which, or as to which, a violation or breach of the Governing Documents exists which �
materialty affects,or is likely to materially affect in the near future, the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense of the offending Owner or Occupant, any structure,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causing the violation; provided, that any improvements which are a part of a Unit may
be altered or retnoved only pursuant to a court order or with the agreement of the Owner.
, The Ass�ciation shall have an easement to carry out its authority under this Section
13.2.7.
13.2.8 Foreclose any lien arising under the provisions of the Goveming
Docutnents or under law, in the manner provided by the Act.
133 Ri�hts to Hearing. In the case of imposition of any of the remedies authorized by
Section 7.1�.7, 13.2.4, t3.2.5, 132.6, or 13.2.7, the Board shall, upon written request of the
MPLS-1�'ord 95231.11 32
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offendin� Owner, grant to the offending Owner a hearing as contemplated by the Act and� is �
Section L3.3. The hearing may be held before the Board or a committee of three or m re
disinterested Owners appointed by the Board. The.offending Owner shail be given notice of he .
nature of the violation and the right to a hearing, and at least ten days within which to reque t a
hearing. I�The hearing shall be scheduled by the Boardlcommittee and held within thirty day of
rec�ipt of the hearing re�u�st by the Boartllcorn.mittee, and with at least ten days prior wri et�
notice to the �riending Ovvner. If the ofiending �wner faiis to request, or to appear at, he
hearing, then the right to a hearing shall be waived and the Board/cammittee may take s• ch
action as lit deems appropriate. Hearings shall be conducted in a fair and equitable manner. he
decision of the Board/committee and the rules for the conduct of hearings established by e
Board/committee, shall be final and binding on all parties_ T'he Board's/committee's decis on
shall be delivered in writing to the offending Owner within ten days following.the hearing, if ot
delivered'�to the offender at the hearing. Any fines to be imposed by the Association may, at he �
Board's/�ommittee's discretion,be retroactive to the date of the violation or offense.
13.4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expen es,
penalties; or interest imposed under this Section shall be a lien against the Unit of the OwneC or
Occupan�against whom the same are imposed and the personal obligation of such Owner in he
same manner and with the same priority and effect as Assessments under Section 6. The I'en
shail attach as of the date of imposition of the remedy, but shall not be final as to violations for
which a I�earing is held until the Board makes a written decision at or following the hearing. 11
' remedies'shall be cumulative, and the exercise of, or failure to exercise, any remedy shall no be
deemed a waiver of the Association's right to pursue any other remedy. .
1�.5 Costs of Proceedin� and Attornevs' Fees_ With respect to any collec on �
measure , or any measures or actian, legal, administrative, or otherwise, which the Associa on
takes to enforce the provisions of the Act, the Governing Documents, or the Rules nd
Regulations, whether or not finally determined by a court or arbitrator, the Association ay �
assess tl�e Unit owned by the violator with any expenses incurred in eonnection with s�ch
enforcement, inciuding without limitation fines or charges previously imposed by the ,
Association, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on the
delinquent amounts owed to the Association�. Snch expenses shall also include�ny collectio or
cantinge cy fees or costs charged to ihe Association by a collection agency or other Per on
acting a�behalf of the Association in collecting any delinquent amounts owed to the Associa ion
by an Owner or Occupant. Such collection or contingency fees or costs sha11 be the pers nal
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 s ch
Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the ex ent
that suct��expense is not covered by the proceeds of insurance carried by the Association or s�ch
Owner oi Occupant. However, any insurance deductible amount and/or increase in insura ee
rates, resulting from the Owner's acts or omissions may be assessed against the O ner
responsible for the condition and against his or her Unit.
MPLS-Word 95281.I I 33
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13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Regulations,and the Act, as provided thereirt.
13.$ Litigatiori. Notwithstanding anything contained herein to the contrary, the
� Association may not commence any judicial or administrative action on behalf of the Owners
� (other thar, �-� action commenced to enforce the Gaverning �ocnments or thz Rules and
�Cewlations, or to defe�d the Association), without frst obtaining the affirmaiive vote of the
Owners to which are allocated at least sixty-seven percent of the votes in ths Association, in
person or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot.
ISECTIUN 14
AMENDMENTS �
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14.1 Approval ReQuirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended anly by the approvai of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
ihe total votes in the Association,except as otherwise provided by the Act;and
14.1.3 Declarant as to certain amendmenis as provided in Section 16;and
14.1.4 The percentage af Eligible Mortgagees (based upon one vote per Unit
finance) as and if required by Section l5.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shal] be in writing. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendment shail be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements or cansents, shall be adequate evidence
thereof for a!1 purposes, including without limitation;the recording of the amendment_
SECTION 15
RIGHTS OF ELIGIBLE MORTCACEES
Notwithstanding anything to the contrary in the Governing Docurnents, but subject to the
Act or other laws, Eligible Mortgagees shall have the following rights and protections:
I5.1 Consent to Certain Amendments. Subject to Declarant's rights under Section t5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units thai
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amend�nent to the Goveming Documents which changes any
I MPLS-Word 95281.1 I 34
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provisioni governing the following: (i) voting rights; (ii) increases in an annual Assessment of '
more than twenty-five percent over the prior year's annual Assessment;(iii)Assessment liens,or
priority o�f Assessment liens; (iv}reductions in reserves for rnaintenance,repair and replacem nt
of Common Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of
interests in the Common Elements or Limited Cammon Elements, or rights to their use; ( ii)
redefinitian af any Unit boundaries; (viii) canvertibility of Units into CamFnon Elernents or v�ce
versa; (ix) expansion or contraction of the Property or the addition, annexation ar withdrawal,of
property to or frorn the Property; (x) hazard or fidelity insurance requi;ements; (xi) imposition of
material qestrictions on the leasing of Units; (xii) imposition of any restrietions on an Own 's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a haz rd
damage br partial condemnation) in a manner other than that specified in the Govern ng
Documer�ts; (xiv) any action to terminate the le�al status of the Condominium after substan ial
destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligi le
MortgagQes,or insurers or guarantors of mortgages.
�
1$.Z Consent to Certain Actions. Subject to Declarant's rights under Seetion, e
written consent of Eligible Mortgagees representing at ]easT sixty-seven percent of the Units t at
are subject to first mortgages held by Eli�ible Mortgagees {based upon one vote per nit
financed� shall be required to {i) abandon or terminate the Condominium; (ii} change he
a3locations of voting rights,Common Expense obligations or interests in the Common Eleme ts;
{iii) partition or subdivide a Unit except as permitted by statute; {iv) abandon, partiti n,
subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds or
other than the repair,replacement or reconstruction of the Property,except as otherwise provi ed
by law. I,
1$.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without �t�e
prior written approval of the Owner and Eligible Mortgagee thereof,and the Association.
t 5,4 No Ri�ht.of First Refusal. The.right of an Owner to sell, transfer, or othe ise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Priority of Lien. tlny Person who comes into possession of a Unit by foreclos re
of the fi�st mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the rst
mortgag� on a Unit, takes the Unit free of any clairns for unpaid Assessments or any o er
charges or liens imposed against the Unit by the Association which have accneed against s ch
Unit prior to the acquisition of possession of the Unit by said Person; (i) except as pravide in
, � Section �i.9 and the Act and (ii) except that any unreimbursed Assessments or charges ma be
reallocat�d among all Units in accordance with their interests in the Common Elements. '
1I5.6 Prioritv of T'axes and Other Charges. All taxes, assessments and charges w ich
may becpme liens prior to the first mortgage under state law shall relate only to the indivi ual
Units and not to the Property as a whole.
i 1I5.7 Prioritv for Condemnation Awards. No provision of the Goveming Docum nts
shall giv'�an Owner, or any other party,priority over any rights of the Eligible Mortgagee o the
Unit pur�uant to its mortgage in the case of a distribution to such Owner of insurance proceed or
condemr�ation awards for losses to or a taking of the Unit and/or the Common Elements. he
Mr�s-wo�dl 9szs,.�� 35
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Association shall give written notice to all Eiigible Mortgagees of any condemnation or eminent '
domain proceeding affecting the Property promptly upon receipt af notice from the condemning
authority.
15.8 Requirements for Management AQreements. The term of any agreement for
� . professional management of the Property shal] not exceed two years. A_ny snch agreement shall '
provide f�r terminatian with�ut per,alty cr ter.r,inatian fee by either parry as ioiiows: (i} with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior written notice, and,
(ii)without cause,uoon a minimum of sixty days prior written notice. .
I5.9 Access to Books and Records/Audit. Eligible Mongagees, or an institutional
insurer or guarantor of a mortgage Ioan against a linit, shatl have the right to examine the books
and records of the Association upon reasonable notice, during nonna! business hours, and to
receive free of charge,upon written request, copies of the Association's annual reports and other I �
financial statements. Financial statements, including thase which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutionai guarantor or insurer of a mortgage loan against a Unit, may
require that, at its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Notice Requirements. Upon written request to the Association, identifying the
' name and address of the hoider, insurer or'guarantor of a mortgage on a Unit, and the Unit
number or address,the holder,insurer or guarantor shail be entitled to timely written notice of:
I5.10.1 a condemnation loss or any casaalty loss which affects a material portion
of the Property or the Unit securing the mortgage;
� t5.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15_10_3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.10..4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees. .
SECTION 16 - -.
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditiona] authority to exercise the following
special Declarant rights within the meaning of Section S 15B.1-103(32) of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
I b.l Complete imnrovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's development plans or
MPIS-Word 95281.11 3b
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allowed by this Dec}aration, and to make improvements in the Units and Common Element to '
accommodate the exercise of any special declarant rights_
]�b.2 RiQhts to Relocate Boundaries, Subdivide, Convert, or Combine Uniks. To {i)
relocate the boundaries of any Unit owned by it, or (ii} create additional Units, Ca on
Elements, and Limited Common Elements, or any combination thereof, by the subdivis on,
partition;`conversion, or combining of any Unit or Unifs owned by it, as authorized by the ct.
The maximum number of additional Units that may be created within the Contlominium purs ant
t�this Section 16_2 is 5.
i6.3 Sales Facilities. To construct, operate, and maintain one or more than one m del
Unit, an�i other development, sales, and rental facilities within the Common Elements, nd
within any Units owned or Leased by Declarant from time to time, located anywhere on the .
Property.
I .4 Si�ns. To erect and maintain signs and other sales displays offering the Units for
sale or]�se,wrthin any Unit owned by Declarant and on the Common Elements.
i6.5 Easements. To have and use easements, for Declarant, Declarant's employ es,
contractors, representatives, and agents and prospective purchasers, through and over the
Commor� Elements For the purpose of exercising its special declarant rights. �
16.6 Control of Association: To cantrol the operation and administratian of the
Association, induding without limitation the power to appoint and remove the members of the
Board p4rsuant to Section S 15B.3-103 of the Act, until the earliest of: {i) voluntary surrende of
control by Declarant, (ii} an Association meeting which shall be held within sixty days fter
conveyance to Owners other than Declarant of sevenry-five percent of the total number of U its
authorized to be included in the Property, or {iii) the date three years followin� the date o the
.first conireyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, the I
Owners other#han Declarant shall have the right to nominate and eiect not less than thirty-t ree �
and one-third percent of the directors at a meeting of the Owners which shall be held within s xcy
days fal',lowing the conveyance by Declarant of fifty percent of the total number of U its +
authoriz�d to be included in the Property. �
16.7 Consent to Certain Amendrnents. Declarani's written consent sha11 be requ red
for any amendment to the Governir►g Documents or the Rules and Regulations which directl or
indirectly affects Declarant's rights under the Governing Documents or the Act.
I
SECTION 17
�, MISCELLANEOUS ,
17.l . Severabilitv. lf any term, covenant, or provision of this instrument or any ex ibit
attached hereto is held to be invalid or unenforceahle for any reason whatsoever, ch
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any o her
portion c�f this Declaration or exhibits attached hereto. �
17.2 Construction. Where applicable, the masculine gender of any word used he ein
shall mean the feminine ar neutral gender, or vice versa, and the singular of any word sed
herein sihall mean the plural, or vice versa. References to the Act, or any sections thereof, s all
n�iPLs-word 9szs,.�1 37
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� be deemed to include any statutes amending or replacing the Act, and the comparable sections `
thereof.
. 17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to_a demand by the Association against Declarant for indemnification pursuant to the
Act, the Association shall promptly tender the defense of the action to its insurance carrier, and .
give DecIarant (i) written natice of such tender, (ii} written natice of the specific nature of the
action,and(iii)an opportuniry to defend against the action.
17.4 Notices. Unless sgecifically pravided otherwise in the Governing Docurr�ents or
the Act, all notices required to be given by or to the Association, the Board, the Association
officers, or the Owners or Occupants shali be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association_ �
17.5 Conflicts Amon� Documents. In the event of any conflict among the provisions �
of tfie Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall controi
unless it permits the documents to controL As among this Declaration, the Bylaws, and any
Rules and Regulations, this Declaration shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control_
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetual, subject only to termination as
provided in this Dectaration and the Act.
IN WiTNESS WHEREOF, the undersigned has executed this instrument the day a �
year first set forth above.
O.C. D VEL
By
lts ie an er �-
STATE OF MINNESOTA ) �
) ss. •
COUNTY OF o!i►�t. )
� The foregoing instrument was acknowledged before rne tris��day of �v i
�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Developrnent LLC, a M�nnesota
limited liability company,on behalf of said limited liability company.
� �
No ublic
TH1S 1NSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON& VOGT,P.A.
220 South Sixth, Suite 2200
Minneapolis,Minnesota 55402 SCOT1'LKRYI�ISKI . .
(612) 373-8418 No��RYPu$uC-r�u��SOTA �.;.
MY W11A(ISSfON E%PIRES JAt��1,2010 �
MPLS-Word 95281J l 38
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COMMON INTEREST COMMUNITY NO. 1578 �
Condominium
STONEBAY OF ORONO CONDOMINIUM
� E�:-idBdT A T�DECLAd2A'I';flN �
UNDERLYING LEGAL DESCRIPTION OF THE PROPER'FY
Lot l,Block l,Stonebay Second Addition, Hennepin County,Minnesota. ,
�
ivlFLs-word 9sz8t.1� 39
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COMMON INTEREST COMMUNITY NO.N�. 1578 ' ��
Condominium
. STONEBAY OF ORONO CONDOMINIUM
EX4�IBIT B TO DEC�,ARATiON �
SCHEDiJLE O�F UNITS,ANll ALLQCATION OF CCMMON EXPENSES AND
UNDIVIDED INTERESTS 1N THE COMMON ELEMENTS
Allocation of Common Expenses and
. Unit Identifier Undivided Interests in the Common Elements
i
101 1/57 I
102 U57
103 1/57 �
104 1/57
]OS ]/57
106 ��57 �
107 1/57
108 1/57
109 1/57
110 1/57
111 1/57
112 1/57
113 1/S7
� 114 I/57
115 1/57
I 16 � 1/57
117 1/57
118 1/57
201 1/57 �
202 1/57 .
203 1/57
�� 1/57
205 � 1/57
2d6 1/57
207 il57
208 1/57
209 1/57
210 1/57
211 1/57
2I2 1/57
MPLS-Word 95281_I I 40 -
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' Allocation of Common Expenses and "
Unit�,ldentitier Undivided Interests in the Common Elements i
'�213 l/57
i�14 1/57 � .
215 1/57 -
'21b I/57
�17 ' 1/57 . I
1218 1/57 i
!219 I/57 �
??d 1/57 �
I 301 1/57
1302 U57
303 1/57
� 304 1/57
i 305 1/57
306 1/57 �
� 307 1/57
i 308 1/57
309 � !/57
� 310 . 1/57
� , 311 1/57
312 1/57 .
' 3l3 1/57
3 t4 1/57
315 l/57
' 31b ' l/57
�, 317 � 1/57
318 ]/57
! 319 l/57 �
I TOTAL: 57/57{100%)
I i
MPLS-Woc�95281.11 41
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COMMON IN1'1;RES'T CO�v1R1UN1'I'Y NO.NO. ]578
Condi�mi�iiuni •
STONEIiAY tOP'ORONO CONDOA�f.1VIUM
CONS�;N'4' B�' 1'vl(3.R'7'CACE� , -
The undersigned (the "Mortgagee") is a n�ortgagec of portions oT'tl�e real property
described in the attaci�ed Declaration of Stonebay of Orono Condo���inium (the "Declaration").
Mortgagee hereby consents to this Declaralion; provided, that by consenting to the Dectaration,
(i) Mortgagee does.not in any manner constitute itseif�or obligate itself as a Declarant as defined
in the Deciaration, (ii) such consent does not ii�odify or amend tlle tenns and conditions of the
Mortgagee's tnortgage and related Ioan documents, and (iii) such mort�;age s12�►11 remain as a lien
on the property descr'sbed lherein, prior to any liens imposed i�nder che Declaratio�i,tinci!released
or satisfied. �
I�(WITNESS WNERE F, the Mortgabee has caused this Consent to be executed on
the�day of s� , 2007. .
1b1A1NS7'RL�'I' 13f1NK
. FB
t�=
STATE OF MINNESOTA )
� ) ss.
COUNTY OF�7��� )
� The foregoing instrumenc was acknowleciged before n�e this .t e� day of
__¢�-r�r, 2007, bY �l?i.et•►r?�e.�.-- �_, tbe.$��i:�r U i�P o f
Mainstreet Bank, a Minnesota bank corporation,on bchalrofsaid entity. Pi+rr,�t.�_
� '
=Notary Pub]ic .
THIS 1NSTRUMFNT WAS DRAFTED F3�': �
Fredrick R. Krictzman, Esq. '
FELI-IA$ER, LA`lZSON, FENLON & VOGT, P.F�. SGOiZLKRYNSIq
220 South Sixth, Suite 2200 NOTARYPI�LIC-MINNESQI'A
• MY fAMMISSiON EXf'�tES JAN.31,2410
Minneapolis, Minnesata 55402 �
(612)373-8418 .
_
M ri.s-wo.�t vsiHt.i r . 42 .
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COMMON INTEREST COMMUNITY NO.NO. 1578 `
� Condominium
' STONEBAY OF ORONO CONDOMINIUM
! CONSEN't'BY MORT�AGEES �
'd'he undersigned (the "Iviortgagees") are mortgagees of portions of the reaI prope y .
described �n the attached 17eclaration of Stonebay of Orono Condominium (the "Declaration'}.
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Declaratio ,
(i) Mortgagees do not in any manner constitute themselves or obligate themselves as Declaran
as defined in the Deciaration, (ii) such consent does not modify or amend the terms d
conditions af the Mortgagees' mortgage and related loan documents, and (iii) such mortga e
shall remaan as a lien on the property described therein, prior to any liens imposed under e
Declaratioh,until released or satisfied.
IN'�WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed o
the l 7 �h day of I��c�-c-c.s �" ,2007.
� �� ' •�
� I Dave 1
v""!
I Ra dy Koch
STATE OF MINNESOTA ) .
) ss.
COUNTY OF O�� �s- )
The fore�oing instrument was acknowledged before cne this l��� day o
1��^� kT s�,2007,by Dave Kach and Randy Koch.
"'•�� ROgEATKBUS9 f �
� ' , �O�`� ' l� � 2 0
� b{, � 1� ksf
i,y��,�,� ��o Notary Public ,y, c^o
� ...-. s.��rt� V^ .
.����,-� /l3i l '�� �
THIS INSTRUMENT WAS DR.AFTED BY:
Fredrick R.�Krietzman,Esq.
FELHABER, LARSON, FENLON &VOGT, P.A.
220 South Sixth, Suite 2200
Minneapoli�,Minnesota 55402
(612) 373-841$ ,
MPLS-Word 9528 i.i i 43
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