HomeMy WebLinkAboutCondominium declaration i ' !
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' Doc No 9077350 12Y20/Z007 08:07 AM
Cer#ifiied filed and or recorded on above date:
Office of the County Recorder '
Hennepin County, Minnesota ,
Michael H. Cunniff, County Recorder
TranslD 363307 Deputy 26
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$3�.50 DOC
' $10.50 UR
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$45.50 PLT
S88 THB CIC PLAT FILED DS $10.50 UR
pl�RT flF THIS DECLAAATION $102.0 TOt81
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TAXPAYEA SERVICES
TAANSFEA ENTERED � '
DEC I � 2Q07
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(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY NO. 15T8
Condominium ' �
STONEBAY OF ORONO CONDOMINIUM
DECLARATION
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� This Declaration is made in the county of '� , state of Minnesota, on this
�day of t�5� , 2007, by O.C. Development LC,a Minnesota limited liability
company (the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 515$,
known as the Minnesota Common Interest Ownership Act (the "Act"), for the purpose of
creating Stonebay of Orono Condominium as a condominium under the Act.
� WHEREAS,Declarant.is the owner of certain real�property located in Hennepin County,
Minnesota, legally described in Exhihit A attached hereto, and Declarant desires to submit said
real property and all improvements thereon (collectively the "Property") to the Act as a
condominium,and
WHEREAS, Declarant desires to establish� on .the Property a plan for a permanent
residential community to be owned, occupied, and operated for the use, heafth, safety, and
welfare of the Owners and Occupants, and for the purpose of preserving the value,the structural
. quality,and the original architectural character of the Property,and
WHEREAS, the Property(i) is not subject to a master association as defined in the Act;
(ii} is not subject to an ordinance referred to in Section S15B.1-Ifl6 of the Act, governing
conversions to common inierest ownership; and(iii) does not include any shoreland as defined in
Minnesota Statutes Section 103F.205.
THEREFORE, Declarant subjects the Property to this Declaration under the name
"SFonebay of Orono Condominiurn," consisting of the Units referred to in Section 2, declaring
that this Declaration shall constitute covenants to run with the Property, and that the Property
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shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easem ts, •
charges, and liens set farth herein, ail of which shall be binding upon all Persons ownin or
acquiring any right, title, or interest therein, and iheir heirs,personal representatives, success rs,
and assigns.
SECTIfJN 1
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� DEFlN1TIONS
The follqwing words when used in the Governing Documents shall have the following meani gs
(unless t}�e context indicates otherwise):
].1 "Act" means Minnesota Statutes Chapter 5•I SB, known as the Minne ota
, Common lnterest Ownership Act,as amended. �
]�2 "Assessments" means and refers to all assessments levied by the Associa ion
pursuant to Section 6 and pursuant to the Act,including,but not limited to,an ual
assessments,special assessments, and limited assessments.
1�3 "Association" means the Stonebay of Orono Condominium Association a
nonprofit corporation which has been created pursuant to Minnesota Sta tes
- Chapter 317A and Section S15B.3-101 of the Act, whose members consist o all
Owners.
i.4 "Board" means the Board of Directors of the Association as proyided for.in the
Bylaws.
1!5 `BuildinQ" means each structure which is or becomes a part of the Property nd
which contains at least one Unii.
1.,6 "Bylaws" means the Bylaws governing the operation of the Association, as
' amended from time to time.
� I.7 "Citv„means the city of Orono, Minnesota.
l.j8 "Common Elements" means all parts of the Property except the Units, includ ng
al] improvements thereon.
1.9 "Common Expenses" means all expenditures made or liabilities incurred by or on
I behalf of the Association and incident to its operation, including Assessments nd
' itemsotherwise identified as Common Expenses in the Governing Docvments.
1.,10 . "Condominium" means the condominium created by this Declaration and kno n
!, as Stonebay of Orono Condominium.
1.11 "Declarant Control Period"means.the time period during which Declarant has he
exclusive right to appoint the merribers of the Board,as described in Section t6
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1.12 "Eli�ible MortQaQee" means any Person which owns a first moRgage on a Unit ' �
and which has requested in writing that the Association notify it regarding any �
proposed action which requires approval by a specified percentage of Eligible
� Mortgagees.
� 1.13 "Governin� Documents" means this Declaration, the Bylaws, and the Articles of
]ncorporation of the Association, as those documents may be amended from time
to time,all of which shall govern che use and operation of the Property.
1.14 "Limited Common Elements"means a portion of the Common Elements allocated
by this Declaration or by operation of Section S i 5B2-102(d) or{fl of the Act for
the exclusive use of one or more but fewer than all of the Units.
1.15 "Member"means a Person who is a riiember of the Association by virtue of being �
an Owner as defined in this Declaration. The words"Owner"and "Member"may
be used interchangeably in the Governing Documents.
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1.16 "Occuvant"means a Person,other than an Owner, in possession of,or residing in,
a Unit. �
1.17 "Owner" means a Person who owns a Unit, but excluding a contract for deed
vendors,a mortgagee,a holder of a remainder interest or a reversionary interest in
I a life estate, and any other secured parties within the meaning of the Act. The
term "Owner" includes, without limitarion, a contract for deed vendee, and a
holder of a life estate.
1.18 "Person"means a natural individual, a corporation, a limited liability company, a
partnership, a trustee, or other legal entity capahle of holding title to real property. �
I.]9 "Plat" means one or more than one recorded plat depicting the Property pursuant
to the requirements of Section S I SB.2-I 10(c) of the Act, and satisfying the
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable,
including any amended or supplemental Plat recorded from time to time in
accordance with the Act. '
120 "Pronertv" means all of the real property subjected to this Declaration,now or in
the future, including all structures and improvements located thereon. The
Property is legally described in Exhibit A attached hereto.
1.21 "Rules and Reeulations" means the Rules and Regulations of the Association as
approved from time to time pucsuant to Section 5.6. '
122 "Unit" means a part of the Property within a Building other than the Common
Elements, including one or more than one room or enclosed space designed and
intended for separate ownership and use, alI as described in Section 2 and shown
on the PEai.
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The terrns used in the Governing Documents,and defined in the Act and not in this Section, s ll '
have the meaning set forth in the Act. References to section numbers in this Declaration s ll
refer to sections of this Declaration,unless otherwise indicated.
. SECTION 2
DESCRIPTION OF UNITS, BOUNDARIES,AND RELATED EASEMENTS
2.( Units. There are fifty-seven Units, subject to the right of Declarant to subdiv de
and convert Units pursuant to Section 16. A1S Units are restricted excl�sively to resideniial se.
Each Unit constitutes a separate parcei af real estate. No portion af a Unit shall be transferre or
� otherwise conveyed apart from any other portions of a Unit. Subject to Declarant's rig ts
pursuant to Section l.G, no additional Units may be created by the subdivision or conversion�f
Units pursuant to Section S15B.2-112 of the Act. The Unit identifiers and locations of the U iis
are as �hown on the Plat, which is incorporated herein by reference. A schedule of the Unit is
set forth in Exhibit B attached hereto.
2.2 Unit Boundaries. The boundaries of each Unit sha(1 be the interior unfinis ed
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling tex re,
- tiles, floor coverings, and other finishing materials adhered to the interior of the Unit bounda es
sha(1 be a part.of the Unit; provided, that any load bearing portions of any interior or perim er
walls, columns, ceilings, or floors, and any common utility ]ines, pipes, ductwork, mechani al;
electrical, or plumbing systems, or other comrnon facilities serving more than one Unit, ut
Iocated in or passing through a Unit, sha31 be Common Elements. The boundaries of each U it
shall also extend along the inside unfinished surfaces of the Unit's perimeter doors and windo s,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section nd
Section 3, all spaces, interior partitions, and other fixtures and improvements within he
boundaries of a Unit are a part of the Unit.
2.3 Appurtenant Easements. The Units and the Common Elements shall be subject to
� and benef�ted by the easements described in Section 12. i
SECTION 3 '
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COMMON ELEMENTS, LIMITED COMMON ELEMENTS,
AND OTNER PRQPERTY
3.1' Common Elements. The Common Elements, and their characteristics are as
. follows: � �
3.i.1 All of the Property not included within the Units constitutes Comm n
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 Elements shall be subject to (i) certain easements a d
restrictions as described in this Declaration and any other easements recorded against t e
Common Elements; (ii) the r�ghts of Owners and Occupants in Limited Comm n
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Elements appurtenant to their respective Units; and {iii) the right af the Association to .
establish reasonable Rules and Regulations governing the use of the Property; �
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3.1.3 Except as otherwise expressly provided in the Governing Documents, (i)
no improvement, modification, construction, or change of the Common Elements shali
take place by an Owner or Ocoupantywithout prior written authorization by the Board and
(ii)all maintenance,repair,replacement,improvement, management, and operation of the
Common Elements shalt be the respansibility of the Association;and
3.t.4 Common Expenses far the maintenance, repair, replacement,
management, and operation of the Common Elements shall be assessed and collected
from the Owners in accordance with Section 6.
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� 3.2 Limited Common Elements. The Limited Common Elements are those parts of �
the Common Elements reserved for the exclusive use of the Owners and Occupants of the Units �
to which they are allocated, as described in this Declaration and the Act. The rights to the use �
and enjoyment of the Limited Common Elements are automaticaily conveyed with the .
conveyance.of such Units. The Limited Common Elements are described and allocated to the
Units as follows:
� 3.2.1 Those items or areas designated asr Limited Common Elements on the Plat
or by the Act are all�cated as indicated therein.
� �3.2.2 Improvements, if any, such as decks, patios, porches, balconies, shutters,
awnings, perimeter windows and doors, window screens, window boxes, s]eeves and
fittings surrounding window air conditioning units, chimneys, driveways, walks,
doorsteps and stoops, constructed as part of the original construction to serve a single
Unit or Units, and replacements and modifications thereof authorized pursuant to Section
7.10, locate't! wholly or partially outside the Unit boundaries,are allocated exclusively to
the Unit or Unsts which they serve.
3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
installations, bearing wa])s, bearing columns, or any other components or fixtures lying '
partially within and partially outside the boundaries of a Unit, and serving only that Unit,
. are allocated to the Unit which they serve. Any portion of such installations serving or
affecting the function of more than ane Unit or any portion of the Common Elements is a
part of the Common Elements,but is not a Limited Common Eiement. ,
3.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than one Unit, and located wholly or partially outside the boundaries of one or more than
one Unit, are Limited Comman Elements allocated to each Unit served by such
equipment.
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SECTION 4 .
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLIGATIONS
Mernbership in the Association, and the allocation to each Unit of a portion o#'the v tes
in the Association, a.portion of the Common Expenses, and a portion of the undivided inter sts
in the Common Eiements,shall be governed by the following proyisions:
4.1 Membership. Each Owner shall be a Member solely by reason of owning a nit, ,
and the membership shall be transferred with the conveyance of the Owner's interest in the it.
An Owner's membership shall terminate when the Owner's ownership terminates. When re
than one Person is an Owner of a Unit,a]! such Persons shall be members of the Association, ut . �
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit or �
authorize the division of the voting rights. �
4.2 Allocation of Votin Ri hts Common Ex enses and Undivided Intere ts. �
Common Expense obligations and undivided interests in the Common Elements are alloc ted !
equally among the Units, subject to the Association's right to levy limited Assessments un er �
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners re
entitled to vote.
. 4.3 Appurtenant Ri�hts and Obli ations. The ownership of a Unit shall include he
. voting rights and Comman Expense obligations described in Section 4.2. Said righis nd
, obligations, and the title to the Units, shall not be separated or conveyed separately, and ny
conveyarrce, encumbrance, judicial sale or other transfer of any allocated interest in a U it,
separate from the title to the Unit shall be void. The allocation of the rights and obligati ns
described in this Section may not be changed, except in accordance with the Govern ng
Documerits and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated to act as pr xy ;
on behalf of the Owner,and who need not be an Owner, may cast the vote allocated to such nit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Ow er
or other �?ersan designated pursuant to the pro�isions of the Bylaws may cast such vote. he
voting rights of Owners are more fully described in Section 3 of the Bylaws.
SECTION 5 ,
ADMINISTRATION
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The administration and operation of the Association and the Property, including, but ot
limited to, the acts required of the Association,shall be govemed by the following provisions:
S.1 General. The operation and administration of the Association and the Prope y
shall be govemed by the Governing Documents, the Rules and Regulations, and the Act. e
Association shall, suhject to the rights of the Owners set forth in the Governing Documents a d
the Act, be responsible for the operation, management, and control of the Property. e
Association shall have all powers described in the Governing Documents,the Act and the stat te
- under which the Association is incorporated. All power and auihority of the Association shall e
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' vested in the Soard, unfess action or approval by the individual Owners is specifically required •
by the Goveming Documents or the Act. All references to the Association shap mean the
Association acting through the Board,unless specifically stated to the contrary.
5.2 O�erational Purposes. The Association shall operate and manage the Property f�r
the purposes of(i) administering and enforcing the covenants, restrictions, easements, charges,
and liens set forth in�the Governing Documents and t�e Rules and Regulations, (ii) maintaining,
repairing, and replacing those portions of the Property and ather property for w�ich it is
responsible, and(iii) preservin� the value, and ihe architectural aniformity and character, of the
Property.
5.3 Binding Effect of Actions. All agreements and determinations made by the
Association in accordance with the powers and voting righis estabiished by the Governing
Docurnents or the Act shall be binding upon all Owners and Dccupants,and their lessees,guests,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in the
Act.
5.4 Bvlaws_ The Association shall have Bylaws. The Bylaws shall govern the
operation and administration of the Association, and shail be binding on all Owners and
Occupants.
5.5 Manaraement. The Board may delegate to a manager or managing agent the
management duties iirtposed upon the Association's offcers and directors by t}�e Governing
Documents and the Act. However,such delegation shal! not relieve the officers and directors of
the ultimate responsibility for the performance of their duties as prescribed by the Governing
Documents and by law.
5.6 Rules and Re�ulations. The Board shall have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for
the purpose of operating and admi�istering the affairs of the Association and.regulating the use
of the Property; provided, that the Rules and Regulations shall not be inconsistent with the
Governing Documents or the Act. The inclusion in other parts of the Governing Documents of
authority to approve Rules and Regulations shal] be deemed to be in furtherance, and noi in
limitation,of the authority granted by this Section. New or amended Rules and Regulations shall
be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds. A]1 funds and real or personal propeity
acquired by the Association shall be held and used for the benefit of the Owners for the purposes
� stated in the Goveming Documents. Surplus funds remaining after payment of or provision for
Common Expenses and reserves shall be credited against future Assessments or added to
reserves,as determined by the Board.
5.8 Resale Disclosure Certi�cates. Pursuant to Section S 15B.4-107 of the Act,in the
event of a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to-the
purchaser a resale disclosure certifcate containing the information required by Section S15B.4-
107(b} of the Act. Pursuant to Section S15B.4-107(d) of the Act, the Association shall, within
ten days (or within such other relevant timeframe set forth in the Act) after a request by an
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Owner o� the Owner's authorized representative, furnish the resale disclosure certificate. e
Associati n may charge a reasonable fee for furnishing the resale disclosure certificate and ny
documen�s.related thereto.
SECTION 6 I
A�SESSMENTS
6.1 General. Assessments shall be determined and assessed against the Units by e •
Board, in its discretion,subject to the requirements and procedures set forth in this S�ction b nd
the Bylaws. Assessments shall include annuai Assessments under Section 6.2, and may incl de
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual nd
special Assessments shall be a(located among the Units in accordance with the allocat on
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to
Units as set forth in that Section. I
6.2 Annual Assessments. Annual Assessments shall be established and levied by he
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common Expenses of the Association for that year which are to be shared equ ]y
. by ail Uni�ts in accordance with the allocation set forth in Section 4.2. Annual Assessments s ll
be payabl� in equal monthly or quarterly installments, as determined by the Board. Ann al
Assessme�nts shall provide, among other things, for an adequate reserve fund for the replacem nt
of those p�rts of the Common Elements and those parts of the Units for which the Associatio is
responsib�e,except to the extent that the replacement is funded by limited Assessments pursu�nt
to Sectior�6.4. Until the first annual` Assessment is levied, Declarant shal! pay a}1 Comm n
Expenses.
6.3 Special Assessrnents. In addition to annual Assessments, and subject to e • �
limitations set forth hereafter,the Board may levy in any Assessment year a special Assessm nt
against all Units in accordance with the allocation set forth in Section 4.2. Among other thin s,
special Assessments shall be used for ihe purpose of defraying in whole or in part(i)the cost of
any unforeseen and unbudgeted Comrnon Expense, (ii) general or specific reserves or
maintenance, repair,or replacement of any part of the Property, and (iii) the maintenance, rep ir, i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.41 Limited Assessments_ In addition to annual Assessments and spec al
Assessme�ts,the Board has the authoriry to(and,in certain instances set forth in this Section 6 4,
. shall) levy and allocate limited Assessments among only certain Units in accordance with e
following tequirements and procedures:
� 6.4.i Any Common Expense associated with the maintenance, repair, r
rep�lacement of a Limited Common Element shall be assessed exclusivet a ai
y g nst ea h
Unat or Units to which ihat Limited Common Element is assigned, equally or by the c st
per Unit,
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6.4.2 Any Cammon Expense benefiting fewer ihan al] of the Units, may, at e
Board's discretion,be assessed exclusively against the Unit or Units benefited. -
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6.4.3 In addition to annaal 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.
. " 6.4.4 The costs of insurance may be assessed in proportion of the square footage
or actuat cost per Unit.
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� b.4.S Reasonable attomeys' fees and other costs incurred by the Association in
; connection with (i) the cnllection of Assessments and (ii) the enforcement of the
Governing Documents, the Act, or the Rules and Regulations, against an Owner or
Occupant or their tenants or guests, may be assessed against the Owner's Unit.
b.4.6 Late charges, .fines, and interest may be assessed as provided in
Section ]4.
6.4.7 Assessments levied under Section S 15B.3-I l b(a} of ihe Act to pay a
jud�ment against the Association may be levied only against the Units existing at the
time the judgment was entered, in propartion to their Common Expense liabilities.
6.4.8 If any damage to the.Common Elements or another Unit is cavsed by the
� act or omission of any Owner or Occupant, or their guests•or invitees, the Association
� may assess the costs of repairing the damage, or any increase in insurance rates directly
attributable to the Act or omission,exclusively against the Owqer's Unit to the extent that
- the damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any pucpose authorized
by the Act, Assessments and any installment thereof not yet due shall be recalculated in
accordance with the reallocated Common Expense liabilities
Assessments levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion, be
assessed as a part of,or in addition to, other Assessments levied under SeGtion.6.l or 6.2: �
� 6.5 Workin�Cauital Fund. There shall be established a working capital fund to meet • °
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unforeseen expenditures or to purchase additionat equipment or services for the Association. I
The Board may include in each subsequent annual budget a reasonable amount of working
capital,based upon the anticipated needs of the Association for the year in question. There shall
. be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each Unit
by Declarant, an amount equal to four monthly installments of the estimated annual Assessment
for the Unit in the year of the sate. The contribution shall be paid at the earlier of(i)ttze time of
closing of sale of the Unit or (ii)the time of termination of the Declarant Control Period. The
contributions to this fund are in addition to the regular installments of annua� Assessments, and
shall no# be a credit to the regular installments of annual Assessments levied against the
respective Unit. 1fie funds shall be deposited into a s�gregated Association account no later than
the termination of the Declarant Control Period. Funds deposited in said account shali not be
used to defray any of Declarant's expenses, reseive contributions or construction costs, nor to
make up any budget deficits during the Declarant Control Period. Ho.wever, upon the closing of
the initial sale of a Unit, Declarant may reimburse itself from funds coilected from the purchaser
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at the closing for any prior contributions made by Declarant to the working capital fund ith •
respect to that Unit.
6.6 Liabilitv of Owners for Assessments. Subject to Section 6.7,the obligation o an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the 0 er
acquires titie to the Unit or(ii) the due date of the first Assessment levied against the Unit by e
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 Expenses assessed against such Unit. S ch
, liability shall be joint and several where there are maltiple Owners of the Unit. The liabili is
absolute and unconditional. No Owner is exempt from liability for payrnent of Assessments by
righi of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason af any_claim agai st
Declarant, the Association, or the Association's officers, directors, or agents, or far their fail re
to fulfil]any duties under the Governing Dacuments or the Act. �
6.7 Declarant's Alternative Assessment Pro�ram. The following altemat ve
Assessment program is established pursuant to Section S 15B.3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governin�Documents if
an Assessment has been Jevied, Declarant may elect to have any unsold Unit owned b it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacern nt
reserves) levied on that Unit and other Units of the same type until a final certificate of
occupancy or comparable City approval has been issued with respect to such Unit by e
City.
6.7.2 The provisions of Section 6.7.1 shall not affect the share of replacem nt
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
reqnired by Section S 15B.3-] E 5 of the�Act. However, there are no assurances t at
Declarant's reduced Assessment obligations will not affect the level of services for ot er
items set forth in the Association's budget.
b.7.3 Declarant's reduced assessment obligation shali apply to each Unit own d
byi Declarant at the time that any Assessment is levied against the Unit, and sh 11
terKninate with respect to each such Unit upon the issuance of a fina] certificate of
� oc�upancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, wit in
sixty days fotlowing the termination of the Declarant Control Period, to make up a y
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Association has a lien on a Unit for any Assessment levi d
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the time the first installm nt
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by t e
Association pursuant to Section SISB.3-]02(a)(10), (1 l), and (12) of the Act are liens, and re
enforceable as Assessments, under this Section 6. Recording of this Declaration constitut s
record norice and perfection of any ]ien nnder this Section 6, and no further recordation of a y
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notice of or claim for the lien is required. The release of the lien shall not release the Owner
from personai liability unless agreed to in writing by the Association.
6.9 Foreclosure of Lien: Remedies. A lien for Assessments may be foreclosed
against a llnit under the laws of the state of Minnesota(i)by action,or(ii) by advertisement in a .
like manner -as a mortgage containing a power of sale. The Association, or its authori2ed -
representatit�e, shall have the pow�r to bid in at the foreclosure sale and to acquire, hold, lease, -
mortgage, and convey,any Unit so a�quired. The Owner and any other Person claiming an
interest in the Unit, by the acceptance or assertion of any interest in the Unit, grants to the
Association a power of sate and full authority to accomplish the foreciosure. The Association
• shall, in addition to its other remedies, have the right to pursue any other remedy at law or in
equity against the Owner who fails to pay any Assessment.or charge against the Unit. �
6.10 Lien Prioritv; Foreclosure. A lien for Assessments is prior to all ottier liens and
encumbrances on a Unit except(i) liens and encumbrances recorded before this Declaration, (ii)
any first mortgage on the Unit, and (iii} liens for real estate taxes and other governmental '
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortgage
on a Unit is foreclosed, {ii) the first mortgage was recorded on or after the date of re�ording of
. this Declaration,and(iii) the Owner of the Unit does not redeem from the foreclosure during the
I Owner's period of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, then
the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take �
title ta the Unit subject to a lien in favor of the Association for unpaid Assessments or
instaJlments thereof levied pursaant to Sections S15B.3-115{a), {e}(1) to (3), (fl, and (i) of the
Act wfiich became due, without acceleration, during the six months immediately preceding the
first day following the end of the Owner's period of redernption.
6.11 Real Estate Taxes and Assessments. Real estate taxes, special assessments, and
other charges and fees which would normaIly be levied against the Common Eiements by
govemmental auttiorities, shall be allocated equally among and levied against the Units, and
shall be�a lien against each Unit in the same manner as a lien for real estate taxes and real estate
special assessments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments_ In a voluntary conveyance �
of a Unit the buyer shall not be personally liable for any unpaid Assessrnents and other charges �
made by ihe tlssociation against the seller or the seller's Unit prior to the time of conveyance to
� the buyer, unless expressly assumed by the buyer. However, the lien ofsuch Assessments shall
remain.against the Unit until released. Any seller or buyer shall be entitled to a statement, in
recordable form, from the Association setting forth the amount of the unpaid Assessments
against the Unii, including all Assessments payable in the Association's cvrrent fiscal year,
which statement shall be binding on the Association,the seller,and the buyer.
SECTION 7
RESTRICTIONS Oi�1 USE OF PROPERTY
All Owners and Occupants, and ail secured parties, by their acceptance or assertion of an
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition to
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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, nd
occupied subject to the Governing Documents and the Act,as amended from time to time. 11
covenants, restrictions, and obligations set forth in the Governing D.ocuments are in furthera ce
of a plan for the Property, and shatl run with the Property and be a burden and benefit to all
Owners and Occupants and to any other Person acquiring or owning an interest in the.Prope ,
their heirs,personal representatives,successors,and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or conve ed
by Declarant pursuant to Section t6.2, a Unit may not be subdivided or converted by the Ow er
of the Unit into two or more Units, Limited Common �lements, Common Elements, or ny
combination thereof Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and eir
guests explusively as private, single family residential dwellings, and not for transient, ho el,
commercial, business,or other non-residential purposes, except as provided in Section 7.4. ny
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except or
leasing of Units owed by Declarant) for a period of less than twelve months or any occupa cy
which includes services customarily furnished to hotel guests, shall be presumed to be or
transient purposes. , .
7.4 Business Use Restricted. No business, trade, occupation, or profession of y
� kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitte in
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a ho e
occupation in such Unit;provided, that such use (i)is incidental to the residential use; ii} �
does not involve physical alteraiion or improvement of the Unit visible from the exte or
of the Unit; (iii) is in compliance with all governmentai laws, ordinances, d I
re�ulations; (iv) does not involve observable business activity such as signs, advertis ng
di5plays, unusual numbers of deliveries, or unusual levels of pedestrian or, vehicu ar
i traffic to and from the Unit; {v) does not involve employees, independent contractors, or
consultants (other than the Owner ar Occupant of the Unit); and (vi) does not otherw se
in�olve activity which disturbs the quiet enjoyment of the Property by other Owners or .
O¢cupants.
7.4.2 Declarant may maintain offices,models,sales facilities,and other busin ss
fa�ilities 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 managem nt
and retated purposes. .
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7.5 Leasin¢. Leasing of Units shall be allowed (subjeet to reasonable regulation by
the Association) but only in accordance with the following conditions: (i) no Unit may be
subleased, (ii) a Unit must be leased in its entirety (not by room), (iii) the lease shaU be in
writing, (iv) unless otherwise required in connection with the financing,guarantee,or insuring of
a Unit mortgage, and except for leasing of Units oumed by Declarant, no lease shall be for a
. period tess than twetve months, except for exte7ua#ing situations, {v) the tease shall provide that
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and tl�at any
failure of the lessee to comply with the terms of such documents shall be a default under the
lease, and (vi) prior to occupancy of the.Unit by the•lessee{s), the Association shall receive a
copy of the fuliy-signed lease along with a written list of the name and telephone number of each
Person who wil( occupy the Unit under the lease,and the absentee address of the teasing Owner.
The �lssociation may impose such reasonable Rules and Regulations as may be necessary to �
implement procedures for the leasing of Units, consistent with this Section and applicable law,
including but not limited to{i}a requirement for a form addendum to be attached to each lease to
assure that tt�e rights and authority of the Association and Owners and Occupants are recognized, �
and (ii) a requirement for the screening of lessees through a reputable, professional screening
organization; provided,that such screening shall not violate federal, state, or loca] discrimination
laws.
7.6. Delegation of Use. An Owner's right of use and enjoyment of the Unit shall be
automatically delegated to other persons living in the Unit pursuant fo a legal right of possession;
provided, that such persons shall be subject to the Governing Documents and the Rules and
Regvlations. Unless otherwise authorized in writing by the Board, if persons �other than�the
Owner or the Owner's family (e.g., lessees) have been given the legal right to poSsess the
Owner's Unit, then those persons shall have the right to use any recreational facilities, parking,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Owner
and the Owner's family.
� 7.7 ParkinQ. There are ninety-five Common Element vehicle garage staIls
(collectively the "Stalls," and individua]Iy a "Sta1P') in the lower 1eve1 of the Building. The '
Stalls and other parking spaces on the Property shall be used only for parking of vehicles owned
or leased by Owners and Occupants, and such other incidental uses as may be authorized in
writing by the Association. A Stall shall not be converted to other uses or used for storage or
other purposes which would prevent the parking of a mid-size automobile in the Stall, except as
authorized in writing by the Association. The use of the Stalls, other parking spaces, and '
driveways on the Property, and the types of vehicles and personal property permitted thereon,
shall be subject to regalation by the Association, including, but not limited to, the right of the
Association to tow illegally parked vehicles or to remove unauthorized persona] property.
7.8 Stalls. The Stalls shall be assigned to various Units; and the operation and
transfer of the Stalls shall be administered, in accordance with this Section 7.8. The following
conditions and restriciions 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 Association
as directed by Declarant at the time of the first conveyance of the Unit by Declarant.
Upon the closing of the initial sale of a Unit, the Association shall, as directed by
Declarant,assign to the Unit the exclusive right and license to use at least one Siait. Each
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St�l] assigned by the Association shall be deemed to be licensed and assigned by e .
Association to the Unit to which it is assigned. After all Units owned by Declarant h ve i
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Associati n,
� anld may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rental or assignment by the Association to Owners or Occupants, as determined by e
Bqard. The Association may,after DecIarant no longer owns any Unit,rent or othe ise
as$ign any unassigned StalIs to Owners or Occupants. _
ex� 7.8.2 The use rights with respect to each Stall shall be deemed to be licen ed
lusi�ely to the Owner of the Unit to which the Sta11 is assigned. `fhe Association s al�
maintain records identifying the Stalls, the Units to which they are assigned,the name of
th� Owners of the Units, and the dates of assignment and any reassignments. A wri en
cettificate of garage stall assignment{the"Garage Certificate") shall be signed and da ed �
on behalf of the Association and made available for delivery on the date the Ow er
acquires title to the Unit to which the Stall is assigned. The Association shall ot.
unrlateral3y reassign any Stall assi�ned to a Unit, except for handicapped S al]
as�ignments which may be unilaterally transferred by the Association to accommod te
le ally handicapped persons.
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7.8.3 A Sta11 shall remain with the Unit to which is it assigned unti] ihe lice se
is Itransferred in accordance with this Section 7_8.3. Subject to Section 7.8,2, a S alt
license may be transferred to another Unit,but only by first delivering to the Associa on
(i) a written transfer certificate, Hn a form_approved.by the Association, signed by he
tra�r►sferor and the transferee, and {ii) all prior Garage Certificates and copies ther of
� . issued with respect to the Statl. The Association shall review the proposed�trans er
• ce{tificate for compliance with this Sectian 7 and, if the transfer complies, e
Association shall transfer the license on its records to the Unit owned by the transfe ed
and issue a new Garage Certificate to the transferee. The Iicense to use the Sfall s all
rec;nain with the Owner and the Unit to which it is assigned until the license is transfe ee
in accordance with this Seetion 7.8. In the absence of a properly executed assignmen to
the convary, the license to use a Stall assigned to a Unit at the time of the Un t's ,
col�veyance shall 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 U it
onpy to or by other Owners and Occupants. The lease or other use right shall be in
� written form, and shall terrninate when the lessor, lessee, or other user is no longer an
Owner or Occupant, regardless of the terms of any agreement to the contrary. e
0�lvner shal] give the Association advance written notice of any lease or use agreem nt
with respect to the Stalt assigned to that Owner's Unit,and shall promptly provide a c py
of,the lease or use agreement to the Association. The Association may hold,reassign he .
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for he
iStalls reserved for use by Owners.
� 7.8.5 The interest of a secured party holding a first lien or other security inter st
on a Unit shall include the license to any Stall which is assigned to the Unit, and s�id
ri�hts shall be included within the secured party's interest acquired in the event o a
foreclosure of the lien or other security interest. �
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7.8.6 Any license, lease, rental, assignment, transfer, or purported iransfer of �
any interest in a Stali in violation of this Section 7.8 shalt be void:
7.8.7 The use of the Stalls, and the size and types of cars and other motorized
vehicles which may be kept in a Stall, are subject to Rules and Regulations as approved
from time t4 time by the Board. �
7.9 Stara�e Spaces. There are ninety Common Element storage spaces located in the
lower level of the Building {collectively the "Storage Spaces," and individually a "Storage
Space"). ?he assigmnent of the Storage Spaces, and the operation and transfer of the Storage
Spaces,shall be administered in accordance with this Section 7.9. The following conditions and
restrictions shall govern the assignment,use,and transfer of the Storage Spaces.
' � 7.9.1 The ini#ial assignment of a Storage Space to a Unit shall be made by the
Association as directed by Deciarant at the time of the first conveyance of the Unit by �
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as directed
by Declarant, assign to the Unit the exclusive right and license to use at least one Storage.
Space. Each Storage Space assigned by the Association shaq be deemed to be licensed
and assigned by the Association to the Unit to which i#is assigned. After all Units owned
by Declarant have been conveyed, any unassigned Storage Spaces shail be deemed to be
assigned to the Association. The Association may, after Declarant no longer owns any
, Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
7.9.2 The use rights with respect to each Sterage Space shall be deemed to be
licensed exclusively to the Owner of the Unit to which the Storage Space is assigned.
The Association shatl maintain records identifying the Storage Spaces, the Units to which
they are assigned,the names of the Owners of the Units, and the dates of assignment and
any reassignments. A written certificate of Storage Space assignment {the "Storage
Certificate") shall be signed and dated on behalf of the Association and made available
for delivery on the date the Owner acquires title to the Unit to which the Storage Space is
assigned; provided, that the Owner has been assigned a Storage Space. The Association '
shall not unilaterally reassign any Storage Space assigned to a Unit. �
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7.9.3 A Storage Space license shall remain with the Unit to which it is assigned
until the ticense is transferred in accordance with this Section 7.9.3. .Subject to Section
7.9.2, a Storage Space may be transferred to another Unit, but only by first delivering to
the Association (i) a written transfer certificate, in a form approved by the Association,
signed by the transferor and transferee, and (ii) a11 prior Storage Certificates and copies
thereof, issued with respect to the Storage Space. The Association shall review the
proposed transfer for compliance with this Section 7.9 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transferee
and issue a new Storage CertiFcate to the transferee. The license to use the Storage
Space shall rernain with the Owner and Unit to which it is transferred until the license is
transferred in accordance with this Section 7.9. In the absence of a properly executed
assignment to the contrary, the license to use a Storage Space assigned to a Unit at the
time of the Unit's conveyance shall be automatically assigned with the conveyance of
title to the Unit.
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7.9.4 An Owner may rent or allow the use of the Storage Space assigned to is
or her Unit only to or by other Owners and Occupants. The lease or other use right s all
b� in written form, and shall termtnate when the lessor, ]essee, or other user is no lon er
ar� Owner or Occupant, regardless of the terms of any agreement to the contrary. e
• Owner shall give the Association advance written notice of any lease or use agreem nt
w�th respect�to the Storage Space assigned ta ihat 4wner's Unit, and shall promptly
provide a copy of the lease or use agreement to the Association. The Association ay
hold, reassign the license for, or rent, a Storage Space assigned to it in the same man�ier
as�,an Owner, except for the Storage Spaces reserved for use by Owners. , ,
7.9.5 The interest of a secnred party holding a first lien or other security inte st
or�a Unit shall include the license to any Storage Space which is assigned to the Unit, nd
said rights shall be included within the secured party's interest acquired in the event�f a
foreclosure of the lien or other security interest. . I
7.9.5 Any license, ]ease, rental, assignment, transfer, or purported transfer of �
any interest in a Starage Space in vio(ation of this Section 7.9 shall be void. . ,
" I 7.9.7 7'he use of the Storage Spaces, and the items that may be stored in he
Storage Spaces, are subject to Rules and Regulations as approved from time to time by
thle Board.
7.10 Animals. The Board shall have the exclusive authority to regulate or prohibit,:by �
' � the Rule �nd Regulations, the keeping of animals on the Property; provided, that the Board ay �
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers), cats, small birds,s all �
fish, and ther animals generally recagnized as domestic household pets (collectively referre to �
as"pets"�to be kept on the Property,subject to the conditions set forth in this Section.
I 7.10.1 Rules and Regulations may be adopted by the Association to regulate,'or
pclohibit pets on the Property, inctuding, but not Iimited to,the type, size, and numbe of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are�ot
in�Consistent with the Goveming Documents.
7.}0.2 Pets shall be kept solely as common domestic household pets, or as
st�tutorily authorized "service animals" by handicapped persons, and not for any ot er
purpose. No anima! of any kind shall be raised or bred, or kept for business or
commercial purposes,by any Person upon any part of the Property.
' 7.10.3 Pets shall not be allowed to make an unreasonable amaunt of noise, o to
become a nui an �
s ce or a threat to the safety of Owners,Occupants,and their guests. �
I 7.10.4 Pets shall be housed only within Units, and not within the Com on
Elements. No structure, fence, or enclosure for the care, housing, or confinement of�any
p�{t shall be constructed or maintained on any part of the Common Elements or in ny
part of a Unit that affects or may aff'ect another Unit or the Common Elements. �
7.10.5 Pets shall be under control of an aduit individual at all times when outs de �
of the Unii. �
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! 7.10.6 Owners and Occupants lceeping pets within their Units are responsible for -
� the pet's behavior and for complying with municipal peT Iaws,, ordinances, and
� regulations. An Owner is liable to the Association for the cost of repair of.any damage to
the Prflperty,or the damages and expenses associated with any gersona) injury,caused by �
• an animal (i) kept by that Owner on the Property, (ii) kept on the Property by an •
' Occupant of that Owner's Unit�or(iii)brought upon the Properiy by a guest or invitee of .
that Owner or that Occupant. The owner of that animal (if not that Owner}sha1l also be
liable#'or such casts,damages,and expenses.
7.i 0.7 The Board shall have authority to deterrnine in its soIe and absolute
discretion whether a particular pet shall be permanently removed from the Property based
upon the pet's behavior or the failure of the pet's owner to comply with(i)this Section 7,
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any additional
restrictions approved by the Board; provided, that such removal shall be subject to
Section 13.3.
7.]0.8 Any fine, or costs for repair or,injury, imposed upon an Owner for a
faiiure to comply with any pet restrictions shall be an Assessment against the Owner's
Unit.
, 7.11 uiet Eniovment; Interference Prohibited. Subject to Section 7.16, all Owners
' and Occupants and their guests shall have a right of quiet enjoyment in their respective Units,
subject to the rights of other Owners and Occapants to reasonable use of their respective Units
and the usuat and customary sounds generated thereby given the multi-family, apart�nent-style
structure of the Building. Taking into consideration the nature of the Building structure, Owners
and Occupants and their guests shall use and occupy the Property in such a manner as will not
cause a nuisance or disturbance, nor unduly restrict, interfere with or impede the use and quiet
� enjoyrnent of the Property by other Owners and Occupants and their guests.
7_12 Compliance with Lavw. No use shall be made of the Property which wouid violate
any then existing municipal codes or ordinances, or state or federal laws and regulations, nor
shall any act or use be permitted which could cause waste to the Property, cause a material �
increase in insurance rates on the Property, or otherwise cause any unusual liability, health or �
I
safety risk,or expense,for the Association or any Owner or Occupant. �
7.]3 Alterations. Except for those made by Declarant in consideration of its initial sale
of a Unit and except as otherwise provided in Section 8, no alterations (as ciefined in Section 8)
shall be made, or caused or allowed to be made, in any part of the Common Elements, or in any
part of the Unit which affects the Common Elements or another Unit, or which is visible from
the exterior of the Unit, without the prior written authorizatian of the Board, or a committee
appointed by it, as provided in Section 8. No Owner or Occupant shall (i) cause or permit any
physical changes to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of ihe Building,or any Building system, or other improvement 3ocated on the Property; or
{ii) interfere with any easement affecting the Property.
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7.14 Time Shares Prohibited. The time share form of ownership, or any compar ble •
form of iease, occupancy rights, ownership, or right-to-use plans, which has the effec 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 imrnediate nd
material threat to the Property or to the health or safe'ty of the Owners or Occupants, all U its
and the Limited Elements are subject to entry, with�ut natice and at any time, by an office or
member of the Board, by the Association's management agents, or by any public sa ety
personnei. Entry is alsa authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Sec.tion 14.
7.16 Public Works Facilitv. The City's public works facility(the"Facility"}is loc ted
directly to the west of the Property. The Facility is.used by the City for, among other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by e
Ciry. The Facility is operated by the City twenty-faur hours a day, seven days a week. Gi en '
� the close proximity of the Facility to the Property, the Owners and Occupants and iheir invi es �
will be subject to the sights,sounds,lights,and smells associated with the Facility.
7_17 Storaae. Subject to the provisions of Section 7.9, persona! groperty may not be
stored, displayed, or othecwise left outside the Units, except as authorized by the Baard. 11
portions of the Common Elements used for access to and from the Units and to and from he
lower level of the Building, may not be obstructed, or used for parking, storage,activities, or ny
purpose other than access and authorized parking and storage.
7.18 Prohibited Conduct..No Owner or Occupant shall{i}cause or pe�nit any physi al
changes to their Unit or the Common Elements that could jeopardize or impair ihe weather-ti ht
soundness or safety of the Building, any Building system, or other improvement located on e
Property; (ii)interfere with any easement; (iii) install or permit the installation of hard surf ce
floor coverin�s within their Unit without the prior written authorization of the Board, except or
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 coutd affect or
damage the sound barriers or sound attenuation materials installed on or within the ceilin s,
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8 �
ARCHITECTURAL STANDARDS
8.I Restrictions on Im'rovements. 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 Limi ed
Common Elements, be kept architecturally attractive, and consistent in appearance, d
structurally sound_ Therefore, except as set forth in Section 8.5, the foilowing resfictions nd
requirements shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modificatio s,
improvements, repairs, or replacements of any type, whether femporary or germane t,
structural, aesthetic, or otherwise (collectively referred to as "alterations," a d
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individually a "alteration"), including, but not limited to, any struckure, building, '
addition, deck,patio, fence,wall, enclosure, window, exterior door, antenna or other type
of sending or receiving apparatus, sign, flag, display, decoration, color change,
shrubbery,material topographical or landscaping change, or any other exterior alterations
to or of a Unit oX a Limited Common Element, shail be made, or caused or allowed to be
made,by any O�ner or O�cupant,or their invitees, in any part of the Common B(em�nts,
or in any part of the Unit which af�'ects the Common Elemenis or another Unit, or which
is visib(e from the exterior of the Unit, unless and vntil the plans and specifications
showing the nature, kind, shape, height, color, materials, and locations of the alterations
shall have been approved in writing by the Board or a committee appoin#ed by it. In
addition, Declarant's written consent shall also be required for alterations until Declarant
no langer owns a Unit far initial sale.
8.1.2 The Board may appoint, supervise, and disestablish an architecturaJ
committee, and specifically delegate to it part or all of the functions which the Soard .
exercises under this Section 8,in which case the references tfl the Board shall refer to the
architectural commiitee where sppropriate. The architectural committee shall be subject
to the supervision of the Board. �
. 8.1.3 The Board shall establish the criteria for approval of alterations, which
shall (i) adequately protect the Property, the Association, and the Owners and Occupants,
: from liability and liens arising out of the proposed alterations or any construction activity
in connection therewith, and (ii) comply with all governmental laws, codes, and
regulations. The criteria for approval of alterations shal! include and require, at a
minimum:
8.1.3_1 substantial uniformity of color, location, type, and design in
relation to existing structures and topography, �
8.I.3Z comparable or better quality of materials as used in existing
improvements on the Property, . • .
�_t.3.3 ease of maintenance and repair, ;
;
8.1.3.4 adequate protection of the Property, the Association, the Owners,
and the Occupants from liability and liens arising.out of the proposed alterations,
8.1.3.5 substantial preservation of other Owners' sight lines, if material,
and
8.1.3.6 cori�pliance with govemmental laws, codes, and regulations.
8.].4 The Board, or the appointed architectural committee if so authorized by
the Board, in its sole discretion, may impose standards for design, appearance, or
construction which are greater or more stringent than standards prescribed by the
Governing Documents, or by building, zoning, or other governmenta] laws, codes, or
. regulations; provided, that such standards shall be consistent with the architectural
characier and use of the Property as planned and developed by Declarant. The Board, or
MPL$-Word 95281.1 I I 9
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the appointed architectural committee if so authorized by the Board, shall be the ole - •
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 io
preserve the architectural styte and uniformity, the quality and value of the Property, nd I
_ (ii) te protect the Assaciation Gnd the Qwners from undue liability arising out of e
aIterations or any construciion activity in connection therewith.
. 8.1.5 AlteraTions may be made in compliance with Section S 15B.2-113 of he
Act, and relocation of the boundaries of the Units may be made in compliance ith
Section S 15B.2-114 of the Act.
$.1.6 Approval of alterations thai encroach minimally upon another Unit or he �
Cammon Elements or which essentially continue an existing encroachment created in he '
course of construction of the Building and Units, shall create an appurtenant easement or
su�h encroachment in favor of the Unit with respect to which the alterations re
approved, notwithstanding any contrary requirement in the Governing Documents or he
Aat. A file of ihe resolutions approving all alterations shal{ be maintained permanen ly
as a part of the Association's records.
8.2 Review Procedares. The following procedures shall govern requests or
alterations under this Section 8:
8.2.1 Detailed plans, specifications, and related information regarding a y �
proposed alteration,in form and content acceptable to the Board,shall be submitted to e
Board (or the committee)and to Declarant(as long as Declarant is the owner of a Unit) at
]east sixty days prior to the projected commencement of construction. No alterati ns
shall be commenced prior to approval. �
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant is e '
owner of a Unit) shall give the Owner written notice of approval or disapproval. If t e �
Board (or the committee) and to Declarant (as long as Declarant is the owner of a U "t)
fails to approve or disapprove within sixty days after receipt of said plans a d
sp�cifications and a}I other information requested by the Baard(or the committee) and to
Declarant (as long as Declarant is the owner of a Unit), then approval shall be deemed to
� be,granted; provided, that the alterations are done in accordance with the pla s,
spe�cifications,and related inforrnation which were submitted. •
8.2.3 If no request for approval is submitted, approva! shalt be deemed to e
denied.
8.3 Remedies for Vioiations. The Association may undertake any measures, legal r
administrative, to enforce compliance with this Section 8 and shall be entitled to recover fro
the Owner causing or permitting the violation all attomeys' fees and costs of enforceme t �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees a d
costs shall be a(ien against each of the Owner's Units and be a pe:sonal obligation of the Own r.
In addition, the Association shalt have the right to enter the Owner's Unit and to restore any p rt
M PLS-Word 952R 1.I 1 20
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of the Building or that Unit to the prior condition if any alterations were made in violation of this •
Section 8, and the cost of such restoration shall be a personal obligation of the Owner and a lien
againsi each of the Owner's Units.
8.4 Owner Responsibility/Indemnitv. An Owner who causes an alteration to be
made, regaidless of whether the alteration is approved by the Boazd, shall be responsible for the
construction work and any claiins, damages, losses, or liabilities arising out of the alteration.
The Owner, and not the Association, is responsible for determining whether any alteration is in
violation of any restriction imposed by any governmenta] authority having jurisdiction over any
portion of the Property. The Owner shall hold harmless, indemnify, and defend the Association,
and the Association's o�cers, directors,committee members, and management agents, from and
against any expenses, claims, damages, losses, ar other liabilities, including without limitation
. attorneys' fees and costs of litigation, arising out of (i) any a(teration which violates any
governmental laws, codes, ordinances, or regulations, {ii) the adequacy or inadequacy of the
specifications or standards for construction of the alteration, and (iii) the constru�tion of the
alteration_
8.5 Exemptians. The requirements set forth in this Section 8 (except Section 8.4)
shatl not apply to the following:
8.5.1 Construction, reconstruction, or remodeling 6y Declarant in connection
with its sale of Units.
' 8.5.2 T'he installation of the following antennas within a Unit or within a
Limited Common Element, as permitted by applicable law: (i) one antenna one meter or
less in diameter .for the purpose of receiving direct broadcasdsatellite service or video
programming services, or (ii) any antenna for receiving television broadcast signals.
However, the Board or a committee appointed by it, may require that the antenna be
installed so as to minimize its visibility from the front of the Unit and otherwise
camouflage its appearance, uniess such requirements would violate applicable law. The
Board shall have authority to impose further, reasonable related requirements consistent
with law. The Owner or Occupant of the Unit shall perform and pay for the installation,
maintenarice, and repair of the installation. . i
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. 8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 4
MAINTENANCE
9.1 Maintenance by Association. Subject to Section 9.2,the Association sha11 provide
for all maintenance, repair, and replacement (collectively referred to as "maintenance" or
"rnaintain") of the Common Elements and the Limited Common Elements, in accordance with,
and subject ta,the following qualifications:
9.l.I T'he cost of inaintenance of a Limited Common Element required to.be
undertaken by the Association shal] be assessed against each Unit to which the Limited
Common Element is allocated. The Association may assign to an Owner the obligation
MPI.S•Word 95281.I I 2 t
fox routine maintenance of a Limited Common Element allocated to the Owner's U it. •
Hpwever, if the Owner fails to adequately perform the maintenance,the Association ay
enjter the Limited Common Element and the Unit, perform the maintenance, charge he .
O�vner for the cost of the maintenance, and assess the Owner's Unit for such cost. e�
A sociation shall have an easement on, over, and through that Unit and the Limi ed
� C mmon Element for purpeses of pez�'orming said maintenance. .
�, 9.1.2 The Association shall be r�sponsible for incidental damage caused i a.
U�it or its Limited Common Elements by work undertaken by the Association pursu nt .
to this Section.
9.1.3 If damage to the Common Elements, the Limited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or Occup nt
has caused or allowed to exist,then the Association may repair the damage or correct he '
condition, charge the Owner for the cost of the maintenance, and assess the cost ther of
against the responsible Owner's Unit, as may be assigned by the Association pursuan to
. this Section 9.l. The Association shall have an easement on, over,and through that nit
and the Limited Common Elements for the purposes of performing said repair or
correction.
� 9.1.4 Notwithstanding the assignment of any maintenance obligations to jan
� O � ner, the Association shall have authority to approve any maintenance which affe ts
an part of the Property other than the Unit, which may impair any easement, or wh ch
a!t rs the appearance of the Property as seen from outside the Unit: .
, 9.1.5 The Association also has the obligation to maintain the Common Elerne ts
� in'�accordance with that certain Declaration of Easements, Restrictions and Covenants or
Stonebay recorded in the office of the County Recorder in and for Hennepin Cou y,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Deciaration of
Easements, Restrictions and Covenants, the Association has the obligation to main in
those unpaved portions of Kelley Parkway]ying within the Common Elements.
9.2 Optional Maintenance bv Association. In addition to the maintenance descri ed
in Section 9.1 the Association may, with the approval of a majority of votes cast in person or y
proxy at a meeting called for such purposes, or by written ballot, undertake to prov de
maintenance to parts of th�Units.
9.� Costs of Maintenance bv Association. All maintenance performed by e .
Association under this Section 9 shall be funded by annual Assessments or, if necessary, spec al
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, e
Associatiqn reserves the right to levy and aJlocate the cost af any maintenance performed unc�er
this Sectidn 9 to one or more than one Unit, pursuant to Seetion 6.4. ,
9.� Owner Resnansibilitv. The Owner shall, at the Qwner's expense, be responsil�I le
for mainte�nance,repair, and repiacement as follows: . I
MPL$-Ward 94281.11 22
9.4.1 To maintain all portions of the Owner's Unit in good, clean, and sanitary • I
condition, and to rnaintain the Limited Corrfmon Elements allocated to the Owner's Unit
to the extent assigned to the Owner under Section 9.1.1. The Association may require that �
the Owners perform iheir maintenance obligations in accordance with standards
established by the Associaiion.
9.�.2 To perforr,i the foregoing maintenance obligatians in such manner as not •
to damage the Property, or unreasonably disturb or cause a hazard to other Persons
. occupying or using the Property.
The Association may, with the a�prova] of the Members, undertake any
maintenance of a Unit which the responsible Owner faiJs to or improperly performs, and
' assess the Unit and the Owner for the cost thereof. No such approval shall be necessary
if the Association has the authority under the Governing Documents to perform such
maintenance. Such cost shall be a personal obligation of the Owner and a lien against the
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects in
or damage to those parts of the Property which the Association is obligated to maintain.
The Board may require that the Owners perform their maintenance obligations in
accordance with standards established by the Association.
9.S Waste of Common Utilities or Commonlv Metered Utilities. An Owner or
Occupant of a Umt shall not cause waste, or unreasonable use, of common utilities or utilities
that serve the Unit but which are commonly metered. In the event the Association determines.
that such waste or unreasonable use is occurring, the Association shall have the authority to levy
against the Unit {under Section 6.4, or otherwise}, and charge to that Owner; the costs, charges,
and fees (whether billed by the utility provider, or otherwise) associated with that waste or
unreasonabie use. Such costs, charges, and #'ees shall be calculated by the Association using
� reasonable methods. Notwithstanding any provision to the contrary in this Declaration, the
Association may repair or correct any condition (and enter upon any Unit and Limited Common
Element to do so) causing the waste or unreasor�able use. The cost of the repair or correction
may, at the Board's discretion, be assessed against the Unit, and may, at the Board's discretion,
be the persona! obligation of the Oumer of the Unit and a lien against the Unit
9.6 Restrictions on ChanQes to the Pronertv. Except as permitted by this Declaration, '
no Owner or Occupant shall, without prior written suthorization from the Board in accordance
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, whether
temporary or permanent, to be made to a Unit or the Common Elements, if such change
or alteration is visible from the exterior ofhis or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Common �
Elements that could jeopardize or impair the weather-tight integrity, safety or so�ndness
of any part of the Property, any system or equipment on or within the Property, or any
other improvements located on the Property.
' 9.6.3 [nterfere with or otherwise impair any easement.
MPLS-Word 95281.11 23 .
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9.7 Dutv to Report Defects. Owners or Occupants shall promptly report to the .
Association any defect or need for repair to those parts of the Property which the Associatio is
obligated to maintain. �
9.8 Damaee Caused bv Owner. Notwithstanding any provision to the contrary in his
Declaration, if, in the judgmerit of the Association, the need for maintenance of any part of the �
Property is caused by the willfii!or negliger.t a�t or omission of an Owner or Qccupant,the� est
or invitee of an Owner or Occupant,or by a condition in or on the Property which the Owne or
the Occupant has wi]lfully or negligentty allowed to exist, the Association may cause s ch
damage or condition to be repaired or corrected (and enter upon any Unit and Limited Co on
Element ta do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obligation of the Owner and a �en
against that Owner's Unit.
SECTION lU
1NSURANCE
l0.i Required Coverage. The Association shail obtain and maintain, at a rninim m,
one or more than one master poticy of insurance in accordance with the insurance requirem ts
set forth in the Act and the additional requirements set forth here'tn issued by one or more an
one reputable insurance company authorized to do business in the state of Minnesota,as follo s:
I0.1.1 Property insurance in broad form covering all risks of physical loss in an
arnount equal to one hundred percent�of the insurable"replacement cost"of the Prope y,
exclusive of (i}deductibles; and (ii) land, footings,excavation and other items nor lly
excluded from coverage (but including all building service equipment and machine )_ •
� The Association, at its sole discretion, may or may not insure the following ite s: �
ceiling and wall finishing rnaterials, floor coverings, cabinetry, finished millw rk,
electrica} or plumbing fixtures serving a single Unit, built-in appliances, improveme ts
and betterments regardless of when installed, and any items referred to in Sect on '
S15B3-113(b)(i) through (vii) of the Act, hut must do so if required hy the Fed ra] �
National Mortgage Association ("FNMA"), the Federal Home Loan Mortg ge
Corporation ("EHLMC"), the Federal Housing Administration ("FHA"), or the secret �
of Veteran's Affairs{"VA"). The policy or policies shall cover personal property o ed
by the Associa#ion. The policy or policies shall also contain "Inflation Guard" nd
"Agreed Amount" endorsements, if reasonabiy available. Such policy or policies s all
include such additional endorsements, coverages and limits with respect to the forego ng
and other hazards as may be required from time to time by the regulations of the F A,
VA, FNMA or FHLMC as a precondition to their insurir�g, purchasing or financin a
mortgage on a Unit. The Board may also,on behalf of the Association, enter into bind ng
written agreements with a mortgagee, insurer or servicer, including without limitation he
FHA, VA, FNMA or FHLMC, obligating the Association to keep certain speci ed
coverages or endorsements in effecE.
10.12 Commercia! general liability insurance covering the use, operation, d
maintenance of the Common Elements, with minimum limits of one million dollars er
MPLS-Word 9§281.11 24
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occurrence,against claims for death,bodily injury,property damage,and such other risks '
as are customarily covered by such policies for projects similar in construction, location
and use to the Property. The policy shall contain a"severability of interest"endorsement
which shall preclude the insurer from denying the claim of an Owner or Occupant
. because of negligent acts of the Association or other Owners or Occupants. The policy
- shall include such additional endorsements, coverages and limits with respect ta such
hazards as rnay be required by the regulations of the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mort�age on a Unit.
I0.1.3 Fidelity bond or insurance coverage against dishonest acts on the part of
� directors, officers, managers, trustees, employees, or persons responsible for handling
. funds belanging to or administered by the Association, if deemed to be advisable by the
Board or required by the regulations of any financing-related institution as a precondition
to the purchase, insurinb, guarantee, or financing of a mortgage on a Unit. The fide)ity
bond or insurance shall name ihe Association as the named insured, and shall comply
with the regulations of the FNMA, FHLMC, FHA or VA, ifrequired by one of such
� agencies as a precondition to the purchase, financing, insuring, or gvarantee of a
mortgage on a Unit. An appropriate endorsement to the policy to cover any persons who
' serve without compensation shall be added if the policy would not otherwise cover
volunteers, or a waiver of defense basec3 upon the exclusion of persons serving without
compensation shall be added.
10.].4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liability insurance with such reasonable limits and
coverages as the Board shall determine from time to time.
10.1.6 Such other insurance as the Board may determirie from time to time to be
in the best interests of the Association and the Owners_
]0.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, all
insurance premiums shall he assessed and paid as part� of an annual Assessment. If
improvements and beiterments to the Units are covered by the Association's property insurance,
. any increased cost may be assessed against the Units affected. The Association may, in the case
i of a claim for damage to one or more than one Unit, (i)pay the deductible amount as a Common
i Expense, (ii) assess the deductible amount against one or more than one Unit affected in any
reasonable manner, or(iii) require the Owners of one or more than one Unit affected to pay the
deductibie amount directly. T'he Association's decision as to who shal] be charged with paying
the deductible amount may, but need not, be based on fault. Notwithstanding anything to the
contrary in this Section 10, the Association may, in the case of claim against the Association's
property insurance�,assess the deductibie amount against all of the Units equally in the event fhat
the deductible amount is calcnlated by the insurance company based upon the percentage of the
value or cost(replacement or otherwise)of one or more than one Unit or Building.
103 Loss Pavee; lnsurance Trustee. All insurance coverage maintained by the
Association shall be written in the name of, and the proceeds thereof shall be payable to, the
Association (or a qualified insurance trustee selected by it) as trustee for the benefit of the
MPLS-Word 95281.11 2$
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Owners and secured parties which suffer loss. The Association, or any insurance trustee sele ted -
by it, sh�ll have exclusive authority to negotiate, settle; and collect upon any c(aims or lo ses ,
under an� insurance policy maintained by the Association_ � �
�
. 1 .4 Reauired Policv Provisions. Ait policies of property insurance camed by the
Associat on shall provide, if praciicable,that:
' 1Q4.1 Each Owner and secured party is an insured Person under ihe policy ith
r�spect to liability arising out of the Owner's interest in the Common Element ar
mlembership in the Association.
10.4.2 The insurer waives its right to subrogation under the policy against ny
Owner or member of the Owner's household and against the Association and member of I
the Board.
� 10.43 The coverage shap not be voided by or conditioned`upon {i) any ac or
o �ssion of an Owner, unless acting within the scope of authority on behalf of the
A sociation, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
control.
. 10.4.4 If at the time of a loss under the policy there is other insurance in the n e
o an.Owner covering the same property covered by the policy, the Association's pol'cy
is�rimary.
10.5 Cancellation; Notice of Loss. All policies of property insurance nd
comprehensive liability insurance maintained by the Association shall provide that the poli ies
shall not be canceled or substantia�ly modified, for any reason, without at least thirty days p 'or
written n�tice to the Association, the insureds, and to all secured parties holding first mortga es
on Units. i
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10.6 No Contribution. All policies of insurance maintained by the Association shall be .
the primary insurance where there is other insurance in the name of the Owner covering the sa e �
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees_ , i
l0 7 Owner's Personal ]nsurance. Each Owner shall ob#ain and maintain additio'al
personal i surance coverage (commonly icnown as "ga� 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 perso al
properry and personal liability, and covering insurance deductibles that may be levied by e
Association against the Unit. Insurance policies maintained by Owners are without contributi n
as agaiflst,the insurance purchased by the Association, except as to deductible amounts or ot er
items not �overed under the Association's policies. Upon request by the Association, an Ow er
shall immlediately provide to the Association a copy of the certificate(s) of insurance cover e
evidencing the insurance required by this Section 10.7.
MPlS-Word 99281.i I �6
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SECTION ]1 •
RECONSTRUCTION, CONDEMNATION,AND EMINENT DOMAiN
I 1.1 Reconstruction. The obli�ations and procedures for the repair, reconstruction, or I
dis�osition of the Property following damage or destruction ihereof shall be governed by the Act.
Any repair or reconstruction shall be commenced as soon as practicable af�er the casualty and
shall be substantially in accordance with the plans, specifications, and design of the Property as
initially constrcicted and subsequentiy improved. Noiice of substantial damage or desWction .
shall be given as provided in Section 15.10.
11.2 Condemnation and Eminent Domain. In the event of a taking of any part of the
Property by condemnation or eminent domain, the provisions of the Act shall govern; provided, �
{i) that notice shall be given as provided in Section 15.10, (ii) that the Elssociation shall be the
attomey-in-fact to represent the 4wners in any related proceedings, negotiations, settlements, or
agreements, and {iii) that any awards or proceeds shall be payable to the Association for the I
benefit of the Owners and the mortgagees of their Units_ Eligible Mortgagees shall be entitled to
priority for condernnation awards in accordance with the priorities established by the Act and the i
Goveming Documents, as their interests may appear.
, 11.3 Termination and LiQuidation. The ter�nination of the Condominium, and the
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of funds
. sliall be based upon the value of the Units as determined by their relative value for properry
insurance purposes, and shall be made to Owners and their rnortgage holders, as their interests
• may appear,as provided in the Act. � . �
11.4 Notice. The Association shall give written notice of any condemnation
proceedings or substantiai destruction of the Property to the -Eligible Mortgagees entitled to
notice under Section I5.10. ,
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11.5 Association's Authoritv. In all cases involving reconstruction, condemnation, '
eminent domain, tennination or liquidation of the Condominium, the Association shall have
authority to act on behaif of the Owners in all proceedings, negotiations, and settlement of
claims. All proceeds shal] be payable to the Association to hold and distribute for the benefit of
the Owners and their mortgage holders,as their interests may appear,in accordance with the Act.
SECTION l2
I
EASEMENTS
The following appvrtenant easements and rights are hereby granted,conveyed,dedicated,
and reserved on, over,under,and across the Property, as applicable.
12.1 Utilities, Services and Ooeratin� Svstems. The Common Elements and the Units
shall be subject to and benefited by nonexclusive easements in favor of the City, the Association
and all utility companies and other service providers for the installation,use, maintenance,repair
and replacement of a!I utilities, services and common operating systems, such as natural gas,
electricity, cable T'V, security, telephone and other electronic communications, water, sewer,
MPLS-Word 95281.11 7.�
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septic sy�tems, we11s, and similar services, fire cantrol systems and other common opera 'ng •
systems, 'and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association ander autho 'ty
containe in the Governing Documents or the Act, or which are described or referred to in the
Plat, this'Declaration, or other recorded instruments. Each Unit, and the rights of the O ers
and Occvpants thereof, sl:all also�be subject ta and benefited by a non-exclusive easemen in
favor of the other Units, the Common Elements, and the Assaciation for al3 such utilit es, --"
services, ,fire control systems, and other common operating systems. Utilities and rel ed
services �r systems shall be installed, used, maintained, and repaired so as no# to interfere utith
the use amd quiet enjoyment of the Units by the Owners and Occupants, nor affect the struch�ral
. or architectural integrity of a Bu'ilding, the Units,or the Common Element improvements. �
,
12.2 Encroachments. Each Unit and the Common Elements, and the rights.of e �
\
Owners �nd Occupants therein, shali be svbject,to a nonexclusive easement in favor of he
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifti g,
settlemen , or movement of any part of ihe Property, for improvements which are added! in •
complian e with Section ?.13, and nonmaterial inaccuracies in survey. ]f there is 'zn
encroachrhent upon another Unit or tl�e Common Elements as a result of any of e -
aforementioned causes,an easement shall exist for the encroachment, for the use,enjoyment, d
habitation of any encroaching Unit or improvements, and for ,the maintenance ther f.
lmproverraents or alterations added pursuant to Section 7.]3 shall be limited to mi or
� encroachr�ents, and no easement shall exist.unless the proposed improvements or alterati ns
have bee� approved and constructed as required by this Declaration. Such easements s �all �
continue for as long as the encroachment exists and shall not affect the marketabiliiy of title.
12.3 Structural Support Easements_ Each Unit and the Cammon Elements shall be
subject to and be the beneficiary of nonexclusive easements for stnictural support in all wa Is,
columns, oists, girders, and other structural components located in or passing through anot er
Unit or ot�ier parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for acc ss
to and from public roadways and walkways on and across those poRions of the Comm n �
Elements designated for use as driveways or walkways, as originally constructed, shown on e
Piai, or otherwise designated by the Association, subject to any restrictions authorized by e
Governing Docurnents or the Ru]es and Regulations. The ri�ht of access of ihe Owners a d
Occupant�, and their invitees, to and from the roadway to the west of the Property, commo ly
known as�Cascade Lane, is set forth in that ceriain Declaration of Easements (Roadway Acce s)
recorded in the office of the Counry Recorder in and for Hennepin County, Minnesota,
Document No. D 75 . That Declaration of Easements also sets forth the obligation of t e
Association to share in the costs of maintaining, repairing,and replacing the portion of Casca e
Lane over which that right of access is granted.
12,'S _Insnection, Maintenance, Repair Replacement and Reconstruction. Each U it,
and the rights of the Owners and Occupanfs thereof, and the Common Elements and Limit d
Common Element, shall be subject to and benefited by the nonexclusive easements in favor f
the Association, its agents, and Declarant for the maintenance, repair, repiacement, d
reconstruction of the Common Elements, the Units, and other improvements located wiihin E e
�
MPLS-Word 95261.11 28
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Units, and the utilities serving the Units, to the extent necessary for the Association to fulfill its •
obligations under the Governing Documents or for Declarant to investigate or undertake its
warranty obligations. Each Owner shall afford to the Association and its management agents
. and employees, access at reasonable times and upon reasonable notice, to and through the
Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, and
replacement; provided, that access to�the Unit and its Lirnited Cammon Elements may be had �
without notice and at any time in case of emergency. '
12.6 Public Safetv and Heaith Access. There are nonexclusive easements in favor of
the City and other applicable govemmental authorities or agencies as shall from time to time
have jurisdiction over the Property, on and across drives, walkways, parking areas, and other
open space areas of the Property for reasonable access to perform.such duties related to law
enforcement, fire pmtection, life safety, healih, and sanitation as are reasonably required from
time to time. Such easements shall include access through and into ihe affected Units and �
Limited Common Elements in the�case of an emergency.
12.7 Emer�encv Access. In case of emergency or perceived threat to public health or
safety, all Units and Limited Common Elements are subject to an easement in favor of the
Association for access, without natice and at any time, by an officer or member of the Board, by
the Association's management agents,or by any pubiic safety personnel. The Board may require
that an Owner or Occupant leave keys to xhe Unit with another Owner of the Owner's choice, or
with the Association, and.to advise the Association's management agent or the Board of the
locations of the keys, so as to allow access for emergencies when the Owner or Occupant is
absent from the Property for extended periods.
]2:8 Recorded Easements. The Property shall be subject to such other easements as
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting or
burdening the Property shall be construed in.a manner consistent with, and not in conflict with, �
the easements created by this Declaration. Such recorded easements include, but are not lirriited
to, that certain Declaration of Easements, Restrictions and Covenants for Stonebay recorded in
the office of the County Recorder in and for Hennepin County, Minnesota, on July 29, 2004, as
Document No. $406752. Pursuant to that Declaration of Easements, Restrictions and Covenants,
the �ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lying
within.the Common Elements.
12.9 Drainage Easements. The Common Elements shall be subject to nonexclusive
easements for storm water drainage in favor of Ehe Owners and Occupants for reasonable storm
water drainage, and other norma! site drainage, over those parts of the Common Etements which
may be des'sgned, improved,or graded for such purposes. -
" 12.10 Use and Enjovment Easemenis. T'here are nonexclusive easements in favor of the
Owners and Occupants of the Units for use and enjoyment on and across the Cbmmon Elements,
and for exclusive use and enjoyment of any Limited Common Elements allocated to the Unit,
subject to any restrictions authorized by, or set forth in, the Governing Documents or the Rules
and Regulations. .
MPLS-Word 95281.11 • 2�
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12.11 Declarant Rights and Easements. The Units and the Comrnon Elements are • '
subject to exclusive easements and rights in favor of Declarant for the exercise of its dec] nt
rights as escribed in the Governing Documents, and for the periodic inspection of the Units�nd
the Comr�on Elements during any warranty periods and thereafter to review the condition of the i
Property 'and Building systems and to determine whether Unit and 8uilding maintena ce .
requirements are being followed. �
12.12 Duration. Restrictions, and Use. The rights and easements granted or reserve by
this Section 12 shall be permanent, shall run with the land unless othenvise expressly indica ed,
and shall��be suhject to the following qualifications: �
' t2.12.1 The easements shal] supplement and not limit any easements descri ed
elsewhere in this Declaration or any other recorded instrument.
12.122 The easements shall be subject to reasonable regulation by the
A�sociation and shall be subject to such reasonable limitations as�to location and rou ing
as may be established by the Association or any govemmental authority.
' t2.12.3 The easements shall include reasonable access over, under, and ac ss
th� Property to maintain, repair, replace, and reconstruct the easement areas and ny
irr'provements located thereon.
12.12.4 No Person shall materially restrict or impair any easement benefitin�or
. b rdening .the Property, or any equipmenf or improvements retating to the easem'nt,
, su ject to this Declaration and ihe right of the Association to impose reasonable R les
and Regulations governing the use of the Property.
12.12.5 No improvements shall be erected or maintainetl, no excavat' n, .
gr�ding or reshaping shall be undertaken, and no fill or oti�er materia[ shall be placed in
an�� easement area, which may damage or interfere with the installation, use,', or
m�intenance of such area, or which may change or irnpede the intended flow of w ter
through any drainage easement area.
12.12.6 Persons exercising easement rights shall (i) take reasonable c�re to
avoid damaging the Property or creating saFety hazards; (ii) promptly repair any dam ge
to-the Property which they or their caused; (iii) promptly reimburse the Association for
i ai costs incurred by it #'or repairing damage to an easement area caused by the Perso or
th� Person's invitees; and {iv) hold harmless, indemnify, and defend the Associati n,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising o.ut of the exercise of the ease nt
rights.
' 12.12.7 Declarant's easement rights described in this Declaration s}pall
tertrriinate when Declarant no longer owns a Unit. '
12.12.8 No grant, dedication, or creation of an easement under this Declarat on
shall constitute a dedication of the easement area or the use thereof to the public, it be ng
the intent of th'is Declaration that the Common Elements be and remain priyate pro rty
MPLS-Word 95281.11 30
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subject to operation and regulation by the Associaiion, and ihat the Units be and remain "
private property subject to operation and regulation by thc respective Owners thereof
and/or the Association,as applicable;a11 in compliance with the Governing Documents.
i 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exercise
of its rights under this Declaration, and ezcept for the Board in the exercise of authority gran;ed
by the Governing Docurnents, no Person shall create, grant, or convey any easement or
comparabie rights upon any portion of the Froperty withoat the prior written approval of the
Board;provided, that the Board shall authorize an Owner to grant an easement over the Owner's
Unit if(i) the easement will not adversely affect the Common Elements or another Unit and {ii)
the easement is consistent with the overall design and plan for the Property as established by
Declarant and approved by the City.
� �
12.14 Continuation and Scone of Easements. Notwithstanding anything in this '
. Declaratian 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 easements set forth in this Section 12 shall
supplement and not limit any easements described elsewhere in this Declaration or recorded, and
shall include reasonable access to the easement areas through the Units and the Common
Elements for pwposes of maintenance, repair, replacement, and reconstruction. All easement
rights shall inelude a right of reasonable access to maintain, repair, and replace the utility lines
and related equipment.
� SECTION 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning ar acquiring any interest in the
Property, shall be governed by and comply with the provisions of the Act, the Governing
Documents, and the Ruies and Regulations, and such amendments thereto as may be made from
time to time, and the decisions of the Association_ A failure to comply shall entitle the �
Association to the'relief set forth in this Section, in addition to the rights and remedies authorized
elsewhere by the Goveming Documents and the Act.
13.1 Entitlement to Relief. The Association may cornmence legal action to recover
sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or any
combination thereof,or an action for any other relief authorized by the Governing Documents or
available at law or in equity, Legal relief may be sought by the Association against any Owner, �
or by an Owner against the Association or another Owner, to enforce compliance with the
Governing Documents, the Rules and Regulations, the Act, or the decisions of the Association.
However,no Owner may withhold any Assessments payab}e to the Association,or take(or omit}
other action in violation of the Governing Documents,the Rules and Regulations,or the Act, as a
measure to enforce such Owner's position,or for any other reason.
13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrative or legal, the Association shall have the right, hut not the obligation, to implement
any one or more of the following actions against Owners and Occupants and/or their guests,.who
violate the provisions of the Governing Docuinents,the Rules and Regulations, or the Act: -
� .
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I 13.2.1 Commence legal action for damages or equitable relief in an cou af •
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competent jurisdiction. ;
13.2.2 lmpose late charges, interest, or both, for each past due Assessme t or
i�istailment thereo#', such interest to accrue beginning on the first day of the m nth
fol'lowing the month for which the Assessment or instaltment was due. "
I (3.2.3 in the event of default of more ihan thirty days in t�e payment of lany
Assessment or installment thereof, all remaining insfallments of Assessments asse sed
against the Unit owned by the defaulting Owner may be accelerated and shall the be
payabte in full if all delinquent Assessments or installments thereof, together wit al]
a�torneys' fees, costs of col}ection, and late charges, are not paid in full prior toI the
effective date of the acceleration. Not less than ten days advance written notice of�the
e�fective date of the acceleration shall be given to the defauiting Owner. ,
13.2.4 Impose reasonable fines, penalties, or charges far each violation of�the
A�ct, the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Qommon Element amenities;provided,that the suspension of use rights shall not app y to
Limited Common Elements or those portions of the Common Elements providing util ties
s rvice and access to the Unit. Such svspensions shatl be limited to periods of defau by
; s�ch Owners and Occupants in their obligations under the Governing Documents, an for
up to thirty days thereafter, for each violation. ,
I 13.2.6 Restore any portions of any Common Elements,Unit,�or Limited Com�non
Elements damaged or altered, or allowed to be damaged or altered, by any Own or •
Clccupant or their guests in violation of the Governing Doeuments, and to assess the ost
of such restoration against the responsible Owners and their Units. The Association hall
h�ve an easement to carry out its authority under this Section 132.6.
13.2.7 Enter any Co�runon Element, Unit, or Limited Common Elemenu in
which, or as to which, a violation or breach of the Governing Documents exists w ich �
materially affects,or is likely to materially affect in the near future, the health or safe of '
tltre other Owners or Occupants, or their guests, or the safety or soundness of any Un t or i
other part of the Property or the property of the Owners or Occupants, and to summ rily
abate and remove, at the expense of the offending Owner or Occupant, any struc ure,
tliing, or condition in the Common Elements, Unit, or Limited Common Elements w ich
is causing the violation; provided, that any improvements which are a part of a Unit ay
b+e altered or removed only pursuant to a court order or with the agreement of the 0 ner.
The Association sha11 have an easement to carry out its authority under this Se�Ction
1�.2.7. i
, 132:8 Foreciose any lien arising under the provisions of the Gover�ing
Docu�nents or under law, in the manner provided by the Act.
13.3 Riehts to HearinQ. In the case of imposition of any of the remedies authorize by
Section 7.10.7, 13.2.4, Z3.2.5, 13.2.6, or 13.2.7, the Board shall, upon written request o the
Mrts-woTa 9s2s i.i i 32
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offending Owner, grant to the offending Owner a hearing as contemplated by the Act and.this •
Section 13.3. The hearing may be held before the Board or a committee of three or more
disinterested Owners appointed by the Board. The offending Owner shall be given notice of ihe
nature of the violation and the right to a hearing, and at least ten days within which to request a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of
receipt of the hearing r�quest by the Board/comm?ttee, and wiih at least ten days prior wriiten
notice to the offending Owner_ If the ofiending Owner faits to request, or to appear at, the
hearing, then the right to a hearing shall be waived and the Board/committee may take such
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. T'he
decision of the Board/committee and the rules for the conduct of,hearings established by the
Board/committee, shall be final and bindin� on alt parties. �'he Board's/committee's decision
shall be delivered in writing to the offending Owner within ten days following the hearing, if not
delivered to the offender at the hearing. Any fines to be imposed by the Association may, at the. �
Board's/Committee's discretion,be retroactive to the date of the violation or offense,
13.4 Lien for Assessments, Char e� s Etc Any Assessments, charges, fines, expenses,
penalties, or interest imposed under this Section shall be a ]ien against the Unit of the Owner or
Occupant against whom the same are imposed and the personal obligation of such Owner in the
same manner and with the same priority and effect as Assessments under Section 6. The lien
shall attach as of the date of imposition of the remedy, but shali not be final as to violations for
which a hearing is held until the Board makes a written decision at or following the hearing. All
': remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shail not be
deemed a waiver of the Association's right to pursue any other remedy. .
13.5 Costs of Proceedine and Attornevs' Fees_ With respect to any eollection
measures, or any measures or actian, legal, administrative, or otherwise, which the Association
takes to enforce the provisions of the Act, the Governing Documents, or the Rules and
Regulations, whether or not finally determined by a court or arbitrator, the Association may
assess the Unit owned by the violator with any expenses incurred in eonnection with such
enforcement, including without limitation fines or charges previously imposed by the
Association, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on the
delinquent amounts owed to the Associatiom. Such expenses shall also include�ny collection or
contingency fees or costs charged to the Association by a collection agency or other Person
acting on behalf of the Association in collecting any delinquent amounts owed to the Association
by an Owner or Occupant. Such collection or contingency fees or costs sha]1 be the personal
obligation of the Owner and shall be a lien against the Owner's Unit.
13.6 Liability for Acts of Owners and Occupants. An Owner shall be liable for the '
expense of any maintenance; repair, or replace�nent of the Property rendered necessary by such
Owner's acts or omissions,and by that of Occupants or guests in the Owner's Unit, to the extent
that such expense is not covered by the proceeds of insurance carried by the Association or such
Owner or Occupant. However, any insurance deductibte amount and/or increase in insurance
rates, resulting from the Owner's acts or omissions may be assessed against th� Owner
responsible for the condition and against his or her Unit.
MPLS-Word 95287.11 33
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13.7 Enforcement bv Owners. The provisions of this Section shall not limit or i pair �
the indel,pendent rigt�ts of other Owners to enforce the provisions of the Governing Docu ents,
the Rules and Regulations,and the Act,as provided therein.
13.8 Liti�tiori. Notwithstanding anything contained herein to the contrary the
� Association may not commence any judicial or administraiive action on behalf of the O ners �
(other than an action commenced to enforce the Governing Docnments or the Rules and
Regulatioris, or to defend the Association), without first ohtaining the affirmative vate o the
Owners to which are allocated at least sixty-seven percent of the votes in the Associatio , in
person or by proxy, at a meeting called far such purpose in accordance with the Bylaws, r by
written ballot.
ISECTIUN 14
AMENDMENTS �
I
14.1 Annroval Requirements. Except for amendments by Declarant pursua t to
Section 1 b, this Declaration may be amended only by the approval of:
14.1.1 The Board;and
14,l.2 The Owners of Units to vvhich are allocated at least sixty-seven perce t of
ihe total votes in the Association,except as otherwise provided by the Act;and
14_1.3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees {based upon one vote per nit
finance) as and if cequired by Section 15.
14.2 Procedure�. Approval of the Owners may be obtained in writing ar at a mee ing
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortga ees
and Declazant, if required, shal] be in writing. Any amendment shall be subject to any gr ter
requirements imposed by the Act. The amendment shalt be effective when recorded as prov ded
in the Act. An affidavit by the Secretary ar the President of the Association as to the outcom of
the vote, nr the execution of the foregoing agreements or consents, shall be adequate evid nce
thereof for all purposes, including without iimitation;the recording of the amendment.
SECTION IS
RIGHTS OF ELIGIBLE MORTCAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligible Mortgagees shall have the foliowing rights and protections:
I S.l Consent to Certain Amendments. Subject to Declarant's rights under Section t 5,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units hat
are subject to first mortgages held by Eligible Mortgagees (based upon one vote per nit
financed) shall be required for any amendment to the Goveming Documents which changes y
MPLS-Word 95281.1 1 34 •
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provision governing the following: (i) voting rights; (ii) increases in an annua] Assessment of •
more than twenty-five percent over the prior year's annual Assessment;(iii)Assessment liens,or
priority of Assessment liens; (iv)reductions in reserves for maintenance, repair and replacement
of Common Elements; (v) responsibility for maintenance and repairs; {vi) reallocation of
interests in the Common Elements or Limited Common Elements, or rights to their use; (vii)
redefinition of any Unit boundaries; (viii) convertibility of Units into Cammon Elements or vice
versa; (ix) expansion or contraction of the Property or the addition, annexation or withdrawal of
property to or from the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of
material restrictions.on the leasing of Units; (xii) imposition of any restrictians on an Owner's
right to sell or transfer his or her Unir, (xiii) restoration or repair of the Property (after a hazard
damage or partial condemnation) in a manner other than that specified in the Governing
Documents; (xiv) any action to terminate the lega] status of the Condominium after substantial
destruction or condemnation occurs; or (xv) any provisions.that expressly benefit Eligible
Mortgagees,or insurers or guarant�rs of mortgages.
i �
15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, the
written consent of Eligible Mortgagees represeniing at least sixty-seven percent of the Units.that
are subject to first mortgages held by Eligible Mortgagees {hased upon one vote per Unit
financed} shall be required to (i) abandon or terminate the Condominium; (ii) change the
allocations of voting rights,Common Expense obligations or interests in the Common Elements;
(iii) partition or subdivide a Unit except as permitted by statute; {iv) abandon, partition,
subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds for
other than the repair, replacement or reconstruction of the�Property,except as otherwise provided
by law.
15.3 Consent to Subdivision. No Unit may be partitioned or"subdivided without the
prior written approval of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 Na Right of First Refusal. The right of an Owner to sell, transfer, or otherwise
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
15.5 Prioritv of Lien. Any Person who comes into�ossession of a Unit by foreclosure
of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the first
rr►ortgage on a Unit, takes the Unit free of any clairns for unpaid Assessments or any other
charges or liens imposed against the Unit by the Association which have accrued against such
Unit prior to the acquisition of possession of the Unit by said Person; (i) except as provided in
Section b.9 and the Act and {ii) except that any unreimbursed Assessments or charges may be
reallocated among all Units in accordance with their interests in the Common Elements. '
15.6 Prioritv of T'axes and Other Charges. All taxes, assessments and charges which
may become liens prior to the first mortgage under state law shall relate only to the individual
Uniu and not to the Property as a whole.
I 15.7 Priority for Condemnation Awards. No pravision of the Goveming Documents
shall give an Owner, or any ather party, priority over any rights of the Eligible Mortgagee of the
Unit pursuant to its mortgage in the case of a distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Unit and/or the Common Elements. The
MPLS-Word 95281.0 35
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Associ tion shall give written notice to all Eligible Mortgagees of any condemnation or em nent _ '
domain proceeding affecting the Property promptly upon receipt of notice from the conde ning
authori .
I�5_8 � Re�uirements for Manaeement Agr�ements. The term of any agreemen for
� professipnal management of the Property shall not exceed two years. Any such agreement hall
provitle'far terminatian withaut penalty or termination fee by either party as foliows: (i} ith
cause, t�pon a minimum of thirty, and a maximum of forty-five, days prior written notice, nd,
, (ii)without cause,upon a minimum of sixty days prior written natice. .
15.9 Access to Boaks and Records/Audit. Eligible Mortgagees, or an instiriati na]
insurer or guarantor of a mortgage laan against a Unit, shafl have the right to examine the b oks
and records of the Assaciation upon reasonable notice, during normal business hours, an to
receive free of charge, upon written request, copies of the Association's annual reports and er I
financial statements. Financial statem�nts, including those which are audited, shall be avail ble
within a,ne hundred eighty days after ihe end of the.Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, ay
require at, a# iis own expense, an audit of the Association's financial statements be mad for
the prec ding year, in which case the Association shall cooperate in having an audit made a d a .
copy giv n to the requesting party.
1 .10 Notice ReQuirements. Upon written request to the Association, identifying the
name a address of the holder, insurer or'guarantor of a rnortgage on a Unit, and the nit
number r address, the holder,insurer or guarantor shall be entitled to timely written notice o�:
�
I5,1 Q.1 a condemnation loss or any casualty loss which affects a material po Iion
o�the Property or the Unit securing the mortgage;
I5.10.2 a sixty day delinquency in the payment of Assessments or charges o ed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance pol'cy
maintained by the Association;and
15.10.4 a proposed action which requires the consent of a specified percentag of
, E�igible Mortgagees.
�I SECT[ON 16
', SPECIAL DECLARANT RICHTS �
D�clarant hereby reserves exclusive and Unconditional authority to exercise the followi g
specia! D�clarant rights within the meaning of Section S15B_1-103(32) of the Act for as long,as
it owns a nit,or for such shorter period as may be specifically indicated:
, i
I b'.] Cornolete imnrovements. To complete each Building, Unit, and o er
improvements indicated on the Plat, or otherwise included in Declarant's developrnent plans or
MPLS-Word 95281.11 3b
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allowed by this Deciaration, and to make improvements in the Units and Common Elements to '
accommodate the exercise of any special declarant rights.
]6.2 RiQhts to Relocate Boundaries, Subdivide Convert, or Combine Units. To (i)
relocate the boundanes of any Unit owned by it, or (ii} create additional Units, Common
Elements, and Limited Common Elements, or any comi�ination thereof, by the subdivision,
partition, conversion, or cornbining of any Unit or Unifs owned by it, as authorized by the Act.
The maximum number of additionai Units that may be created within the Condominium pursuant
to this Section 16.2 is 5.
16.3 Sales Facilities. To construct,operate, and maintain one or more than one model
Unit, and other devetopment, sales, and rental facilities within the Common Elements, and
within any Units owned or leased by Declarant from time to time, located anywhere on the
Property. '
16.4 Si�ns. 'To erect and maintain signs and other sales displays offering the Units for
sale or fease,within any Unit owned by Declarant and on the Common Elements.
• i 6.5 Easements. To have and use easements, for Declarant, Declarant's employees,
contractors,. representatives, and agents and prospective purchasers, through and over the
Common Elements for the purpose of exercising its special declarant rights_ �
16.6 Control of Association: To control the aperation and administration of the
Association, including without limitatson the power to appoint and remove the members of the
� � Board pursuant to Section S 15B.3-103 of the Act, until the earliest of {i) voluntary surrender of
control by Declarant, {ii} an Association meeting which shall be held within sixty days after
conveyance to Owners other than Declarant of seventy-Fve percent of the total number of Units
authorized to be included in the Property, or (iii) the date three years following the date of the
.first conveyance of a,Unit to an Owner othec than Declarant. Notwithstanding the foregoing, the
Owners other than Declarant shall have the right to nominate and elect not less than thirty-three �
and one-third percent of the directors at a meeting of the Owners which shall be held within sixty '
days following the conveyance by Declarant of fifty percent of the total number of Units I
authorized to be included in the Property. ,
16.7 Consent to Certain Arnendments. Declarant's written consent shafl be required
for any amendment to the Governing Documents or the Rules and Regulations which directly or
indirectly affects Declarant's rights under the Governing Documents or the Act.
i
SECTION 17 I
MISCELLANEOUS
l 7.t . Severabilitv. lf any term, covenant, or provision of this instrument or any exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any other
portion of this Declaration or exhibits attached hereto. �
]7.2 Construction. Where applicable, the masculine gender of any word used herein
. shall mean the feminine or neutral gender, or vice versa, and the singuiar of any word used
herein shall rnean the plurat, or vice versa_ References to the Act, or any sections thereof, shall
MPiS-Word 95281.11 3.l
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. be deemed to include any statutes amending or replacing the Act, and the comparable sec ions °
thereof.
17.3 Tender of Claims. In the event thai any incident occurs which could reaso ably
give rise to.a demand by the Association against Declarant for indemnification pursuant t the
� Act, the Association shall promptly tender the defense of the actian to its insurance carrier, and
�ive DecIarant (i) written notice of such tender, (ii} written notice of the specific nature o the
action,and(iii)an opportunity to defend against the action.
17.4 Notices. Unless specifically provided otherwise in the Governing Documen s or
the Act, all notices required to be given by or to the Association, the Board, the Associ tion
officers, or the Owners or Occupants shall be in writing and shall be effective upon and
delivery, or mailing if properly addressed with postage prepaid and deposited in the U ited
States rnail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effe tive
upon receipt by the Association. � �
17.5 Conflicts Amon� Documents. In the event of any conflict among the provis ons �
of tfie Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall co troi
anless it permits the docurrients to control. As arnong 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, c�nditions, restrictions, easements, li ns,
and chai-ges contained in this Deciaration shall be perpetuat, subject only to terminatio as
provided in this Declaration and the Act.
IN WITNESS WHEREOF, the undersigned has executed this instrument the day a �
year first set forth above.
. O.C. D VEL
By
Its �e an er •
STATE OF MINNESOTA )
) ss. •
COUNTY OF otj►Z. }
The foregoing instrument was acknowledged before me t�:is��day of �v '
20Q7, by Arn�ld A. Zachman, the Chief Manager of O.C. Development LLC, a M�nne ota
limited liability company,on behalf of said limited liability company.
,
�J `.
No ublic
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON & VOGT,P.A.
220 South Sixth, Suite 22fl0
Minneapolis,Minnesota 55402 S{�L1(RYI�ISKI
(612) 373-8418 Iyo7ARYPt�uC-�1t+��0'iA ' �
.��•
MY COhIl�SSfON DfP�RES JAN.31,20t0
MPLS-Word 95281.1 t 3 g
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COMMON INTEREST COMMUNITY NO. 1578
Condominium
ST4NEBAY OF ORONO CONDQMINIUM
E�CHIBI'I'A T�0 DE�LARATION
UNDERLYING LEGAL DESCRIPTION.OF THE PROPERTY
Lot 1,Block 1, Stonebay Second Addition, Hennepin County,Minnesota.
�
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II COMMON INTEREST COMMUNITY NO.NO. 1578 " `
, Condomenium
, I STONEBAY OF ORONO CONDOMtNIUM '
- EXHIBIT B TO DECLARATI�ON � �'I
SCHEDULE O�F UIYITS,AND ALLOCATION OF COMMON EXPENSES ANI)
UNDIVIDED INTERESTS IN THE COMMON ELEMENTS
Atlocation oi Cornmon Expenses and
Unit Identifier Ufldivided Interests in the Common Elements
'i 101 1/57
]02 1/57
103 1/57 '
104 1/57
105 l/57
106 l/57
107 1/57
]08 1/57 �
109 1/S7
� , 110 1/57 �
111 1/57 �
112 1/57
113 1/57
� 114 1/57
115 1J57
]I6 1/57
117 1/57
118 1I57
201 I/57 i
',202 1/57 .
!,203 1/57
�i�04 1/57
'I 205 . 1/57
�206 1/57
207 1l57 !
I 208 1/57 i
1209 1/57 �
210 1/57
'',211 1/57
212 ]/57
MPLS-1Vord 95281_II 44
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Allocation of Common Expenses and °`
Unit Identifier Undivided Interests in the Commvn Elements i
213 l/57
' �14 � l/57
� 215 1/57
21b 1/57
2l7 1/57
2t8. 1/57 I
2l9 1/57 . �
22� I/57 !
301 1/57
302 1/57
303 1/57
304 1757
305 1/57
. 30b . I/57
307 1/57 �
308 1/57
309 � Ii57
310 . 1/57
31 t U57
3 i2 1/57
313 1I57
3t4 1/57
315 1/57
316 ' 1/57
317 ' 1/57
3I8 1/57
319 1/57 �
TOTAL: 57/57{100%)
�
MPLS-Wocd 95281.11 �1
• I
� �r� r �r•.-
' , f;
COMMON INTLR�S'T CO�VIAIUNI'1'Y NO. NO. 1578 ��� �
', Cond��mi�iiunt -
', STONEBAY OI%ORONO CONll01►�t_1V,IUM �
CONSEN`f�3Y MOR7'CACEC � I
The undersigned (the "Morigagee") is a t»ortgagee of portions of't1�e rea) prop rty
described in the atfached Declaration of Stonebay of Orono Condat�iinitun (the "Declarati.o "
Mortgagee hereby consents to this Declaration; provided, that by consenting to the Dectarati n,
(i) Mort�agee does.not in any manner constitute itsell'or obligate ilself as a Declarant as defi� ed
in the Declaration, (ii) such consent does not iziodif'y or amend the tei7ns and conditions of he
Mortgagee's mortgage and related Ioan document�s, and (iii)such mortgage shall remain as a 1 en
on the properiy described iherein,prior to any liens imposed under che Deciaration,untii relea ed
or satisfied.
Ily.(�WITN�SS WHERE �, the Mortgagee has caused this Conseni to be executed n
the (,��-- day of s� , 2007.
II 141AINS7'RL�,'t' 13A;�VK
' ' B
ES= ,' .
STATE OI�MiNNESOTA . ) -
- ) ss. �
COUNTY OF������-, �
__��
� The foregoing instru�nent was acknowledged before n�e this �1 B� day f .
��r,2007, bY_��t•►r?�c.�.— rT�l , thc_�.�L�:�r �/i�P �
Mainstreet Bank, a Minnesota bank corporation,on bchalf of said entity. P.�r���c_
� ,
=Notary Public .
THIS INS RUMFNT WAS DRAFTEF� B)'; �
Fredrick . K.rictzman, Esq. �
FELNAB R, LA`RSON, FENLON & VOGT, P.A. SCOTTLKRYNSKI , I
220 Sou�h ixth, Suite 2200 NOTARYPUBlIC-�A
Minneapolps, Minnesata55402 �� � �'�MMISSfONEXP�SJAN.31,24t0
(612)373-8413 �
. ;
Mrl.s-w�a vsZxi.i r 42 .
i
,.- �
.�
, � � �-
t I
, �
COMMON INTEREST COMMUNITY NO.N0. 1578 `
� Condominium
' STONEBAY OF ORONO CONDOMINIUM
� CONSENT BY MORTGAGEES �
The undersigned (the "Mortgagees") are mortgagees of portions of the real property .
described in the attached Declarauon of Stonebay of Orono Condominium (the "Declaration"). .
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Declaration,
(i) Mortgagees do not in any manner constitute themselves or obligate themselves as Declarants
as defined in the Declaration, (ii) such consent does not modify or amend the terms and
conditions of the Mortgagees' mortgage and related loan documents, and (iii) such mortgage
shall remain as a lien on the property described therein, prior to any liens imposed under the
Declaration,until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed on
the�day of I��-�c�-c.c.s a" ,2007.
� ��� .�
� Dave 1
�""l
Ra dy Koch
� STATE OF MINNESOTA ).
) ss.
COUNTY OF O�� ��- )
The foregoing instrument was acknowledged before me this /��"� day of
_ 1��^� �� s �" ,2007,by Dave Koch and Randy Koch.
'"' . ROBEATKBUS9
; ,�,,� . � �+�
� 2o b.�, �- � �3ksr
' W�E�vre.,�n�,2oto Notary Public ,r,y �.o..... ,..��r- ��
{��,�� /l3j/a�� u
THIS INSTRUMENT WAS DR.AFTED BY:
Fredrick R.Krietzinan,Esq.
FELHA.BER, LARSON, FENLON & VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis,Minnesota 55402
(612)373-8418
MPLS-1Vord 95281.1 I 43
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