HomeMy WebLinkAboutCondominiium declaration ..� -- � . '. _� . , . .. . � . .. . i
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Doc No 9077550 12/2072007 08:07 AM
_ Certi�ed filed and or recorded on above date: ,
' Office of the County Recorder ' °
' Hennepin County, Minnesota
; Michael H:Cunniff,County Recorder
TranslD 363307 Deputy2fi
, � Fees
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S8B T8S CIC PLAT FILED A3 $10.50 UR
Pl�KT flF ^�HiB DECLARATTON $102.0 Total
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COMMON INTEREST COMMUNITY NO. 1578
Condominium �
STONEBAY OF ORONO CONDOMINIUM
DECLARATION
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' Thi� Declaration is made in the county of '� , state of Minnesota, on thi
�day�;of��'L�j`r5� , 2007, by O.C. Development LC, a Minnesota limited Iiabilit
company ('�,the "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 515$
known as 'the Minnesota Common Interest Ownership Act (the "Act"), for the purpose o
creating Stonebay of Orono Condominium as a condominium under the Act.
� WHEREAS, Declarant.is the owner of certain real�property located in Hennepin County
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit sai
real property and al] icnprovements thereon (collectively the "Property") to the Act as
condominium,and
WHEREAS, Declarant desires to establish� on .the Property a plan for a permanen
residential community to be owned, occupied, and operated for the use, heaith, safeTy, an
welfare of the Owners and Occupants, and for the purpose of preserving the va(ue,the structura
. quality, and the original architectural character of the Property,and
WI�IEREAS, the Property(i) is not subject to a master association as defined in the Act
(ii} is not '�subject to an ordinance refened to in Section S t 5B.i-I06 of the Act, governin
conversionS to common interest ownership; and(iii) does not include any shoreland as defined i
Minnesota!,Statutes Section iO3F.205.
THIEREF�RE, Declarant subjects the Property to this Declaration under the nam�
"Stonebay lof Orono Condominium," consisting of the Units referred ta in Section 2, deciarin
that this D'�eclaration shall constitute covenants to run with the Property, and that the Propert
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- shall be owned, used, occupied, and conveyed subject to the covenants, restrictions, easements, -
charges, and liens set forth herein, ail of which shall be binding upon all Persons owning or
acquiring any right, title, or interest therein, and their heirs, personal representatives, successors,
and assigns.
� SECTI�N ] �
� DEF1NITdONS
The following words when used in the Governing Documents shall have the following meanings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter S�15B, known as the Minnesota
Common Interest Ownership Act,as amended.
1.2 "Assessments" means and refers to all assessments levied by the Association
pursuant to Section 6 and pursuant to the Act,including, but not limited to,annual
assessments, special assessments,and limited assessments.
13 "Association" means the Stonebay of Orono Condominium Association, a
nonprofit corporation which has been created pursuant to Minnesota Statutes
• Chapter 3 L7A and Section SISB3-101 of the Act, whose members consist of all
Owners.
i.4 "Board" means the Board of Directors of the Association as provided for.in the
Bylaws.
1.5 "BuildinQ" means each structure which is or becomes a part of the Property and
which coniains at least one Unit.
l.6 "Bvlaws" means the Bylaws gaverning the operation of the Association, as
amended from time to time.
� 1.7 "CitV"means the city of Orono, Minnesota.
1.8 "Common Elements" means a1i parts of the Property except the Units, including
all improvements thereon.
l.9 "Common Expenses" means all e:cpenditures made or liabilities incurred by or on
behalf of the Association and incident to its operation, including Assessments and
items otherwise identified as Common Expenses in the Governing Docvments.
1.10 "Condominium" means the condominium created by this Deciaration and known
as Stonebay of Orono Condominium.
l.l 1 "Declarant Control Period" means.the time period during which Declarant has the
exclusive right to appoint the members of the Board,as described in Section 16.
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I.112 "Eli�ible MortQaQee" means any Person which owns a first mortgage on a U it ' �
j and which has requested in writing that the Association notify it regarding a y
proposed action which requires approval by a specified percentage of Eligi le
- � Mortgagees.
� I.1'3 "rovernin� Documents" means �his��eclaration, tr� Bylaws, and Ehe Artic�es }�f
� � Incorporation of the Assflciation, as those documents may be amended from tinhe
to time,all of which shall govern the use and operatian of the Property.
l.l� "Limited Common Elements"means a portion of the Common Elements allocat�d
' by this Declaration or by operation of Section S 15B.2-102(d) or(fl of the Act f�r
; the exclusive use of one or more but fewer than all of the Units.
1.15 "Member"means a Person who is a member of the Association by virtue of bei g �
an Owner as defined in this Declaration. The words"Owner" and"Member"m y
! be used interchangeably in the Governing Documents.
1.1� "Occunant" means a Person,other than an Owner, in possession of,or residing i�,
I a Unit. .
l.l�l "Owner" means a Person who owns a Unit, but excluding a contract for dee
, vendors,a mortgagee, a holder of a remainder interest or a reversionary interest i
, � a life estate, and any other secured parties within the meaning of the Act Th
� j term "Owner" incEudes, without limitarion, a contract for deed vendee, and
holder of a life estate.
f.1$ "Person" means a natural individual, a corporation, a limited liabi lity company, �
partnership, a trustee, or other legal entity capabie of holding title to real property4
1.19 "Plat" means one or more than one recorded plat depicting the Property pursuan
_ _ to the requirements of Section S15B.2-110(c) of the Act, and satisfying th
requirements o£ Minnesota Statutes Chapter 505, 508, or SQ8A, as applicable
' including any amended or supplementat Plat recorded from time to time i�
accordance with the Act.
1.20� "Propertv" means aIl of the real property subjected to this Declaration,now ar i
the future, including al] structures and improvements located thereon. Th
' Property is legally described in Exhibit A attached hereto.
1.21� "Rules and Resulations" means the Rules and Regulations of the Association a�
, approved from time to time pursuant to Section 5.6. �
1.22� "Unit" means a part of the Property within a Building other than the Common
Elements, including one or more than one room or enciosed space designed and
� intended for separate ownership and use, al[ as described in Section 2 and shown
� on the Pfat.
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The terms used in the Governing Documents,and defined in the Act and not in this Section,shall `
have the meaning set forth in the Act. References to section nurnbers in this Declaration shall
refer to sections of this Declaration,unless otherwise indicated.
SECTION 2
DESCRIPTION OF UNITS, $OUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and convert Units pursuant to Section i6. Al] Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcel of real estate. No portion af a Unit shall be transferred or
I otherwise conveyed apart from any oiher portions of a Unit. Subject to Declarant's rights
pursuant to Section 1 b, no additional Units may be created by the subdivision or conversion of
Units pursuant to Section S15B.2-112 of the Act. The Unit identifiers and locations of the Units
are as shown on the Plat, which is incorporated herein by reference. A schedule of the Units is
set fortii in Exhibit B attached hereta
2.2 Unit Boundaries. The boandaries of each Unit sha(1 be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shalt be a part of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceitings, or floors, and any common utiiity lines, pipes, ductwork, mechanical,
. electrical, or plumbing systems, or other common facilities serving more than one Unit, but .
Iocated in or passing throagh a Unit, shall be Common E�ements. The boundaries of each Unit
shall also extend along t�e inside unfinished surfaces of the Unit's perimeter doors and windows,
and their frames, and said perimeter doors, windows, and frames, and their hardware, shall be
deemed to be Limited Common Elements appurtenant to such Unit. Subject to this Section and
Section 3, all spaces, �interior partiiions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Aonurtenant Easements. The Units and the Common Elements shall be subject to
and benefited by the easements described in Section 12. i
SECTION 3 '
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COMMON ELEMENTS,LIMITED COMMON ELEMENTS,
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AND OTHER PRQPERTY
! 3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.i.1 Ali of the Property not included within the Units constitutes Common
Eiements. The Common Elements include those parts of the Property designated as
Common Elements in this Declaration, on the Plat,or in the Act;
3.I.2 The Common Elernents shall be subject to (i) certain easements and
restrictions as described in this Declaration and any other easements recorded against the
Common Elements; (ii) the righ[s of Owners and Occupants in Limited Common
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Elepnents appurtenant to their respective Units; and (iii) the right af the Association . �
establish reasonable Rules and Regulations governing the use of the Property; i
3.1.3 Except as otherwise expressly provided in the Governing Documents, (�)
no 'improvement, modification, construction, or change of the Common Elements sha i
. tak�place by an Owner or Occupant without prior written authorization by the Board an
(ii)all maintenance,repair, rep(acement,imprQvement, management, and operation of th
Cornmon Elements sha11 be the respansibility of the Association;and
3.1.4 Common Expenses far the maintenance, repair, replacemen ,
mamagement, and operation of the Common Elements shall be assessed and co]lecte
from the Owners in accordance with Szctian 6.
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3.2 Limited Common Elements. The Limited Common Elements are those parts o�' ;
the Common Elements reserved for the exclusive use of the Owners and Occvpants of the Unit
to which tl�ey are allocated, as described in this Declaration and ihe Act. The rights to the us
and enjoyment of the Limited Common Elements are automatically conveyed with th .
canveyanc� of such Units. The Limited Common Elements are described and allocated to th
Units as follows:
� 3.2_I Those items or areas designated as Limited Common Elements on the Plat
or by the Act are allocated as indicated therein.
3.2_2 lmprovements, if any, such as decks, patios, porches, balconies, shutters
awriings, perimeter windows and doors, window screens, window boxes, sleeves an
fitti}�gs surrounding window air conditioning units, chimneys, driveways, walks
doorsteps and stoops, constructed as part of the original construction to serve a singl
Unit or Units, and replacements and modifications thereof authorized pursuant to Sectio
� 7.10, 3ocate� wholly or partially outside the Unit boundaries,are allocated exctusrvely t�,
the �Jnit or Units which they serve.
I 3.2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utility
inst�llations, bearing walls, bearing columns, or any other components or fixtures iying '
partially within and partially outside the boundaries of a Unit,and serving only that Unit,
. are �llocated to the Unit which they serve. Any portion of such installations serving or
affe�ting the function of more than one 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�oundaries of one or more than
one �Unit, are Limited Common Elements allocated to each Unit served by such
equipment.
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SECTION 4 °
ASSOCIATION MEMBERSHIP: RIGHTS AND OBLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in the Association, a.portion of the Common E�penseS, and a portion af the undivided interests
in tne Cammon Eiements,shall be governea by the foilowing protiisions:
4.1 Membership. Each Owner shall be a Member solely by reason of owning a Unit,
and the membership shall he transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shali terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,al! such Persons shall be members of the Association,but . '
multipie ownership of a Unit shall not increase the voting rights allocated to�such Unit nor '
authorize the division of the voting rights. '
4.2 Allocation of Votin� EZi�hts, Common Exnenses, and Undivided Interests. �
Common Expense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, suhject to the Association's right to levy limited Assessments under i
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 43 Appurtenant RiQhts and Obli ations. The ownership of a Unit shail include the
voting rights and Common Expense obligations described in Section 4.2. Said rights and
, obligations, and the title to the Units, shall not be separated or conveyed separately, and any
conveyance, encumbrance, judicial sale or other transfer of any allocated interest in a Unit,
separate from the title to the Unit shall be void. The allacation of the rights and obiigations
described in this Section may not be changed, except in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated to act as proxy !
on behalf of the Owner,and who need not be an Owner, may cast the vote alEocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Person designated pursuant to ihe provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of ihe Bylaws.
SECTION 5 '
ADMINISTRATION
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The administration and operation of the Association and the Property, including;but not
limited to, the acts required of the Association, shall be governed by the follawing provisions:
5.l General. The operation and administration of the Association and the Property
shall be govemed by the Governing Documents, the Rules and Regulations, and the Act. The
Association shall, subject to the rights of the Owners set forth in the Goveming Documents and
. the Act, be responsible for the operation, management, and control of the Property. The
Association shall have al] powers described in the Governing Documents, the Act and the statute
- under which the Association is incorporated. All power and authority of the Association shall be
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' vested in the Board, unless action or approval by the individual Owners is specifically require
by the Goveming Documents or the Act. All references to the Association shall mean th
Association acting throug}i the Board,unless specificatly stated to the contrary.
5.2 Operational Purposes. The Association shall operate and manage the Property fo
the purposes of(i) adcninistering and enforcing the covenants, restrictions, easements, charges,
and liens'set forth in the Governing Dvcuments and t�e Rules and Regulations, (ii) maintainin ,
repairing, and replacing those portions of the Property and a#her property for w�ich it i
responsi�le, and(iii) preserving the value, and the aschitecturaI uniformity and chazacter, of th
Property_
5.3 Bindin� Effect of Actions. AiI agreements and determinations made by th
Association in accordance with the powers and voting rights established by the Governin
Documents or the Act shall be binding upon all Owrters and Occupants,and their lessees, gues ,
heirs, personal representatives, successors, and assigns, and all secured parties as defined in th
Act.
5.4 Bvlaws_ The Association shall have Bylaws. T'he Bylaws shall govern th
operation and administration of the Association, and shall be binding on all Owners an
Occupants.
5.5 Mana�ement. The Board may delegate to a manager or managing agent th
management duties irr�posed upon the Association's officers and directors by the Governin
Documents and the Act. However,such delegation shal! not relieve�the officers and directors o
the ultimate responsibility for the performance of their duties as prescribed by the Governin
Documents and by law.
5.6 Rules and Re�ulations. The Board shall have exclusive authority to approve an
implement such reasonable Rules and Reg�lations as it deems necessary from time to time f r
the purpose of operating and administering the affairs of the Association and regulating the us
of the Property; provided, that the Rules and Regulations shall not be inconsistent with th
Governing Documents or the Act. The inclusion in other parts of the Governing Documents f
authority to approve Rules and Regulations shall be deemed to be in furEherance, ar�d not i
limitation,of the authority granted by this Section. New or amended Rules and Regulations sha 1
be effective only after reasonable notice thereof has been given to the Owners.
5.7 Association Assets; Surplus Funds_ All funds and real or personal propert
acquired by the Association shall be held and used for the benefit of the Owners for the purpose
' stated in the Goveming Documents. Surplus funds remaining after payment of or provision f r
Common Expenses and reserves sha(1 be credited against future Assessments or added t
reserves,as determined by the Board.
5.8 Resale Disclosure Certi�cates. Pursuant to Section S 15B.4-107 of the Act, in th
event of a resale of a Unit by an Owner other than Declarant, that Owner shall furnish to-th
purchaser a resale disclosure certif cate containing the information required by Section S 15B. -
107(b} of lhe Act. Pursuant to Section 5]SB.4-107(d) of the Act, the Association shall, withi
ten days (or within such other relevant timeframe set forth in the Act) after a request by a
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_ Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Association may charge a reasonable fee for furnishing the resale disciosure certificate and any
documents related thereto.
SECTION 6
ASSESSMEIVTS
6.1 General. Assessments shalI be determined and assessed against the Units by the •
� Board, in its discretion, subject to the requirements and procedures set forth in this Section b and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section 6.3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with the aliocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be altocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common Expenses of the Association for that year which are to be shared equally
. by all Units in accordance with the al{ocation set forth in Section 4.2. Annual Assessments shall
be payable in equal monthly or quarterly installments, as determined by the Board. Annual
Assessments shall provide, among other things, for an adequate reserve fund for the replacement
of those parts of the Common Elements and those parts of the Units for which the Association is
responsible, except to the extent that the replacement is funded by limited Assessments pursuant
to Section 6.4. Until the first annual Assessment is levied, Declarant shali pay all Common
Expenses.
6.3 Specia) Assessments. In addition to annual Assessments, and subject to the •
� limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
� special Assessments shall be used for the purpose of defraying in whole or in part(i) the cost of
' any unforeseen and unbudgeted Common Expense, {ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Property,and (iii) the maintenance, repair, , i
or replacement of any part of the Property,and any fixiures or other property related theret�.
6.4 Limited Assessments. In addition to annual Assessments and special
Assessments,the Board has the authority to(and, in certain instances set forth in this Section b.4,
shall) levy and allocate limited Assessments among only certain Units in accordance with the
following requirements and procedures
� 6.4.1 Any Common EYpense associated wiih the mainienance, repair, or
replacement of a Limited Common Element shall be assessed exclusively against each
Unit or Units to which that Limited Common Element is assigned, equally or by the cost
per Unit.
6.4.2 Any Common Expense benefiting fewer than all of the Units, may, at the
Board's discretion,be assessed exclusive]y against the Unit or Units benefited. -
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b.4.3 In addition to annual Assessments and special Assessments,the Board h s -
the'i authority to (and, in certain instances set forth in this Section 6.4, shall) levy a d
' allocate iimited Assessments among only certain Units in accordance with the followir�g
requirements and procedures. I
. I 6.4.44 The�asts of insurance may be assessed in proportion of the square foota�e
or�ctual cos�per Unit.
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I b.4.5 Reasonable attorneys' fees and other costs incurred by the Association in
; codnection with (i) the collection of Assessments and (ii) the enforcement of e
Governing Documents, the Act, or the Rules and Regulations, against an Qwner r
Oc¢upant or their tenants or guests, may be assessed against the Owner's Unit.
6.4.6 Late charges, .fines, and interest may be assessed as provided in
Sedtion 14.
6.4.7 Assessments levied under Section S15B.3-llb(a) of the Act to pay �
jud�ment against the Assaciation may be levied only against the Units existing at th
Eime the judgment was entered, in proportion to theiF Common Expense liabilities. �
6.4.8 If any damage to the.Common Elements or another Unit is cavsed by th
act or omission of any Owner or Occupant, or their guests•or invitees, the Associatio
may assess the costs of repairing the damage, or any increase in insurance rates direct]
attributable to the Act or omission, exclusively against the Owraer's Unit to the extent th t
- the�damage is not�overed by insurance.
6.4.9 lf Common Expense liabilities are reallocated for any purpose authorize�i
by the Act, Assessments and any installment thereof not yet due shall be recalculated i
accordance with the reallocated Common Expense liabilities �
Assessments levied under Sections 6.4.1 Ehrough 6.4.8 may, at the Board's discretion, b�
assessed as a part of,or in addition to,other Assessments levied under SeGtion 6.] or 62: �
6.5 Workin*�Capital-Fund. There shall be established a working capital fund to mee� � �
unforeseenj expenditures or to purchase additionat equipment or services for the AssociaUon,. �
The Board may include in each subsequent annual budget a reasonable amount of workin
capital, hased upon the anticipated needs of the Association for the year in question, There shal�
be contribu'ted by the purchaser of a Unit, on a one-time basis upon the initial sale of each Uni
by Declarant, an amount equal to four monthly instailments of the estimated annual Assessmen
for the Unit in the year of the sale. The contribution shall be paid at the earlier of(i)the time o
closing of sale of the Unit or (ii)the time of termination of the Declarant Cantrol Period. Th�
contributions to this fund are in addition to the regular installments of annual Assessments, an
shal! not tie a credit to the regular installments of annual Assessments levied against th
respective Unit. The funds shall be deposited into a segregated Association account no later tha
the terrninaition of the Declarant Control Period. Funds deposited in said account shali not b
used to defray any of Declarant's expenses, reserve contributions or construction costs, nor t
make up an�y budget deficits during the Declarant Control Period. However, upon the closing o
the initial sale of a Unit, Declarant may reimburse itself from funds collected from the purchase
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at the closing for any prior contributions made by Declarant to the working capital fund with -
respect to that Unit.
6.6 Liabilitv of Owners for Assessments. Subject to Section 6.7, the obligation of an
Owner to pay Assessments shall commence at the �ater of (i) the time at which the Owner
. acquires titie to th$ Unit ar(ii) the due date of the first Assessment levied against the Unit by t�ie
Board. The Owner at the time an Assessment is payable with respect to the Unit sha11 be
personally liable for the share of the Common Expenses assessed against such Unit. Such
liability shall be joint and several where there are multiple Owners of the Unit. The liability is
absolute and unconditional. No Owner is exempt from ]iability for payment of Assessments by �
right of set-off, by waiver of use or enjoyment of any part of the Property, by absence from or
abandonment of the Unit, by the waiver of any other rights, or by reason of any.ciaim against
Declarant, the Association, or the Association's officers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. '
6_7 Declarant's Alternative Assessment Pro�ram. The following altemative
Assessment program is established pursuant to Section SISB,3-115(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been Jevied, Declarant may elect to have any unsold Unit owned by it
assessed at the rate of twenty-five percent of the Assessments (exclusive of replacement
reserves) levied on that Unit and other Units of the same type until a final certificate of
occupancy or comparable City approval has been issued with respect to such Unit by the
City.
b.7.2 The provisions of Section 6.7.1 sha11 not affect the share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
. required by Section St5$.3-1 ES of the Act. However, Lhere are no assurances that
Declarant's reduced Assessment obligations will not affect the level of services for other
items set forth in the Association's badget.
6.7.3 Declarant's reduced assessment obligation shall apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
tenninate with respect to each such Unit upon the issuance of a final certificate of
occupancy or comparable City approval for the Unit.
6.7.4 Notwithstanding the foregoing, Deciarant shall be obligated to, within
sixty days following the termination of the Declarant Control Period, to make up any
operating deficit incurred by the Association during the Declarant Control Period.
b.8 Assessment Lien. The Association has a lien an a Unit for any Assessment levied
againsf 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 installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B3-102(a){10), (1 I), and (12} of the Act are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and perfection of any lien under this Section 6, and no further recordation of any
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notice of o�r claim for the Sien is required. The release of the lien shall not release the Own I r .
from personai liability unless agreed to in writing by the Association.
6.9' Forectosure of Lien; Remedies. A lien for Assessments may be foreclos d
against a Unit under the Iaws 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 authoriz d
re�resentat�ve, shal! have the pew�� to bid �n at the foreclosure sale and to acquire, hold, i_eas ,
mort�a�e, �and convey any Unit s� acquirzd. The Owner and any other Person claiming n
interest in the Unit, by the acceptance or assertion of any inte:est in the Unii, grants to t e
Association a power of saIe and full authoriry ta accomplish the foreciosure. The Associati n
• shali, in a�dition to its other remedies, have the right to pursue any other remedy at law or
equity against the Owner who fails to pay any Assessment.or charge against the Unit. �
6.10 Lien Prioritv: Foreclosure. A lien for Assessments is prior to all other liens d
encumbranFes on a Unit except(i) liens and encumbrances recorded before this Declaration, (i )
any first rnortgage on the Unit, and (iii} liens for real estate taxes and other governmen 1 �
Assessments or charges against the Unit. Notwithstanding the foregoing, if(i) a first mortga e
on a Unit is Foreclosed, {ii) the first mortgage was recorded on or after the date of recording f
, this Declar�tion, and (iii) the Owner of the Unit does not redeem from the foreclosure during t e
� Qwner's p�riod of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, th
! the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall ta e �
title #o the Unit subject fo a lien in favor of the Association for unpaid Assessments r
installment� thereof levied pursuant to Sections SISB.3-i 15(a), (e)(1) to (3), (fj, and (i) of t e
Act wFiich became due, without acceleration, during the six months irnmediately preceding t e
first day following the end of the Owner's period of redemption.
6.1� Real Estate Taxes and Assessments. Real estate taxes, special assessments, an
other charges and fees which would normally be tevied against the Common Eiements
governmenta! authorities, shall be allocated equally among and levied against the Units, an
shall be a lien against each Unit in the same manner as a lien for real estate taxes and real esta
special ass�ssments levied against the Unit alone.
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6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conveyan
of a Unit the buyer shall not be personally liable for any unpaid Assessments and other charg s �
made by t Association against the seller or the seller's Unit prior to the time of conveyance t
� the buyer,�nless expressly assumed by the buyer. However, the lien of such Assessments sha 1
remain against the Unit until released. Any seller or buyer shall be entitled to a statement, i
recordable form, from the Association setting foRh the amount of the unpaid Assessmen
against thel Unit, including all Assessments payable in the Association's current fiscal yea ,
which state�ment shall be binding on the Association, the se]ler,and the bayer.
SECTION 7
� RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and ail secured parties, by their acceptance or assertion of a
interest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition t
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� any oiher restrictions which may be imposed by the Act or the Governing Docurnents, the �
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shatl be owned, conveyed, encumbered, leased, used, and
oc�uF:�d subject to the Gover�ing Documents aad the Act, as amended frarri time to time. Al? �
covenants, restrictions, and ob�iigations set forth in the Goveming Documents are in furtnerance
of a plan for the Properiy, 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 Property,
their heirs,personal representatives,successors, and assigns.
7.2 Subdivision or Conversion Prohibited. Except for Units subdivided or converted
by Declarant pursuant to Section 16.2, a Unit may not be subdivided or converted by the Owner
of the Unit into two or more Units, Limited Common Elements, Common Elements, or any
combination thereof Except as permitted by the Act, no part of the Common Elements may be
subdivided, partitioned, or converted without the prior written approval of all Owners and all
secured parties holding first mortgages on the Units.
7.3 Residential Use. The Units shall be used by Owners and Occupants and their
guests exclusively as private, single famiiy residential dwellings, and not for transient, hotet,
commercial, business, or other non-residential purposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve manths or any occupancy
which includes services customarily furnished to hote[ guests, shall be presumed to be for
transient purposes. ,
7.4 Business Use Restricted. No business, trade, occupation, or profession of any
kind, whether carried on for profit or otherwise, shall be conducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4.1 An Owner or Occupant residing in a Unit may maintain a home
occupation in such Unit; provided,that such use (i) is incidental to the residential use; (ii) i
does not involve physical alieration or improvement of the Unit visibie from the exterior
of the Unit; (iii) is in campliance with all governmental laws, ordinances, and I
regulations; (iv) does not involve observable business activity such as signs, advertising
. displays, unusual numbers of deliveries, or unusual levels of pedestrian or vehicular
i traffic to and from the Unit; (v) does not involve employees, independent contractors, or
consultants (other than the Owner or Occupant of the Unit); and (vi) does not otherwise
involve activity which disturbs the quiet enjoyment of the Property by other Owners or .
Occupants.
7.4Z Declarant may maintain offices,models,sales facilities,and other business
facilities on the Property in connection with the exercise of its special Declarant rights.
7.43 The Association may maintain offices on the Property for management
and related purposes. •
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7.5 Leasin . Leasing of Units shall be allowed (subject to reasonable regulation b�
Ehe Association) but only in accordance with the fotlowing conditions: (i) n� Unit may ble
subleased,'�(ii) a Unit must be ieased in its entirety (not by room), (iii) the lease shat] be in
writing,(i�) unless otherwise required in connection with the financing,guarantee,or insuring c�f
a Unit mo�tgage, and except for leasing vf Units owned by Declarant, no lease shall be for,a
" period les�'than twelve months, except for extenust;;�g situat;ar,s,�(v) the lease shail provide th�t
it is subjeCt to the Governing Documents, the Rules and Regulations, and the Act, and that a y
failure of the lessee to comply with the terms ot such documents shall be a default under e
lease, and (vi) prior to occupancy of the, Unit by the lessee(s), the Association shall receive a
copy of the fully-signed lease along with a written list of the name and telephone number of ea h
Person who will occupy the Unit under the lease,and the absentee address of the leasing Own ,
The flssociation may impose such reasonable Rules and Regulations as may be necessary o �
implement procedures for the leasing of Units, consistent with this Section and applicable la ,
including but not limited to{i}a requirernent for a form addendum to be attached to each lease o
assure that the rights and authority of the Association and Owners and Occupants are recognize , '
and (ii) a requirement for the screening of lessees through a reputable, professional screeni g
organization; provided,that such screening shall not violate federal, state,or local discriminati n '
laws.
7.6_ DeleQation of Use. An Owner's right of use and enjoyment of the Unit shall e
automatically delegated to other persons living in the Unit pursuant fo a legal right of possessio$�;
provided,''that such persons shall be subject to the Governing Documents and the Rules a�pd
Regulatio#�s. Unless otherwise authorized in writing by the Board, if persons other than tlhe
Owner o�the Owner's family (e.g., lessees) have been given the ]egal right to possess e
Owner's , nit, then those persons shall have the right to use any recreational facilities, parkin ,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the O r
and the Owner's family.
' 7.7 ParkinQ. There are ninety-five Common Element vehicle garage sta ls �
(collectively the "Stalls," and individually a "Sta1P') in the lower ievel of the Building. e '
Stalls and other parking spaces on the Property shall be used only for parking of vehicles own d
or leased by Owners and Occupants, and such other incidental uses as may be authorized in
writing by the Associa[ion. A Stall shall not be converted to other uses or used for storage r
o[her 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, a d �
driveways on the Property, and the types af vehicles and personal property permitted there n,
shall be subject to regulation by the Association, including, but not limited to, the right of t e
Association to tow illegally parked vehicles or to remove unauthorized persona]property.
� 7.8 Stalls. The Stalls shall be assigned ta various Units; and the operation d
transfer af the Stalls shal! be administered, in accordance with this Section 7,8. The followi�ng
condition�s and restrictions shall govem the assignment, use,and transfer of the Stalls.
7.8.E The initia! assignment of a Stall to a Unit sha!!be made by the Associati n
a directed by Declarant at the time of the first conveyance of the Unit by Decla t_
U�on the closing of the initial sale of a Unit, the Association shall, as directed y
D clarant,assign to the Unit the exclusive right and license to use at least one Stail. E ch
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� Stall assigned by the Association shall be deemed to be licensed and assigned by the •
Association to the Unit to which it is assigned. After all Units owned by Declarani have �
been conveyed, any unassigned Stalls shall be deemed to be assigned to the Association,
and may be reserved for guests of Owners and Occupants, for handicapped parking, or
for rental or assignrnent by the Association to Owners or Occupants, as determined by the
�?�ard. The Association may, after DecIarant no longer owns any LJr.i�, rent or otherwise
assign any unassigned Stalls to Owners or Occupants. .
7.82 The use rights with respect to each Stall shall be deemed to be licensed
exclusively to the Owner of the Unit to which the Stall is assigned. The Association shall
maintain records identifying the Stalls, the Units to which they are assigned, the names of
the Owners of the Units, and the dates of assignment and any reassignments. A written
certificate of garage stall assignment{the"Garage Certificate")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 Stall is assigned. The Association shall not.
unilaterally reassign any Sta]I assi�ned to a Unit, except for handicapped Stall
assignments which may be unilateraily transferred by the Association to accommodate
legally handicapped persons.
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7.83 A Stall shall remain with the Unit to which is it assigned until the license
is transferred in accordance with this Section 7.8.3. Subject to Sectian 7.8.2, a Sta1l
license may be transferred to another Unit,but only by first delivering to the Association
(i} a written transfer certificate, rn a forrn approved by the Association, signed by the
transferor and the transferee, and (ii) all prior Garage Certificates and copies thereof
issued with respect to the Stat1. The Association shall review the proposed transfer
� certificate for compliance with this Section 7 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transfered
and issue a new Garage Certificate to the transferee. The license to use the Stall shall
remain with the Owner and the Unit to which it is assigned until the license is transferee
in accordance with tiiis Section 7.8. In the absence of a properly executed assignment to
the contrary, the licerise to use a Stall assigned to a Unit at the time of the Unit's �
conveyance shall be autornatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of t}te Stal!assigned to his or her Unit
only to or by other Owners and Occupants_ The lease or other use right shall be in
written form, and shall terminate when the lessor, lessee, or other user is no longer an .
Owner or Occupant, regardless of the terms of any agreement to the contrary. The
Owner shall give the Association advance written notice of any lease or use agreement
with respect to the Sta11 assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use agreement to the Association. T1ze Association may hold,reassign the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
Stalls reserved for use by Owners.
7.8.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the ticense to any Stall which is assigned to the Unit, and said
rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
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7.8.6 Any license, lease, rental, assignment, transfer, or purported transfer of •
any interest in a Stali in violation of this Section 7.8 shall be void:
I 7.8.7 The use of the Stalls, and the size and types of cars and other motoriz d
vehicles which may be kept in a Stall, are subject to RuEes and Regulations as approv�d
. frqm time to time by the Board. •
7.} Starage Spaces. 7'here are ninety Common Element storage spaces tocated in t�e
lewer le��i of the Building (collectively the "Siorage Spaces," and individually a "Stora e
Space"). The assigmnent of the Storage Spaces, and the operation and transfer of the Stora e �
Spaces, shall be administered ia accordance with this Section 7.9. The following conditians a d
restrictions shall govern ihe assignment,use,and transfer of the Storage Spaces.
� 7.9.1 The initial assignment of a Storage Space to a Unit shall be made by t e
As�ociation as directed by Deciarant at the time of the first conveyance of the Unit y ;
Declarant. Upon the closing of the initial sale of a Unit,the Association shall, as direct d
by Declarant, assign to the Unit the exclusive right and license to use at least one Stora e
Sp�ce. Each Storage Space assigned by the Association shall be deemed to be licens d
and assigned by the Association to the Unit to which ii is assigned. After all Units own d
by iDeclarant have been conveyed, any unassigned Storage Spaces shall be deemed to
ass�gned to the Association. The Association may, after Declarant no longer owns a y
Ur►it,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants. �
I' 7.9_2 The use rights with respect to each Sterage Space shall be deemed to e
licensed exclusively to the Owner of the Unit to which the Storage Space is assigne .
Th¢Association shall mainta�n records identifying the Storage 5paces, the Units to whi
they are assigned, the names of the Owners of the Units, and the dates of assignment a
.any reassignments. A written certificate of Storage Space assignment (the "Stora e
Ce�}tificate") shail be signed and dated on behalf of the Association and made availab e
for�delivery on the date the Owner acquires title to the Unit to which the Storage Space s
assigned; provided, that the Owner has been assigned a Storage Space. The Associatio i
shaM]not unilaterally reassign any Storage Space assigned to a Unit.
�
7.9.3 A Storage Space license shall remain with the Unit to which it is assigne
unt�l the ticense is transferred in accordance with this Section 7.9.3. .Subject to Sectio
7.9.2, a Storage Space may be transferred to another Unit, but only by first delivering t
the Association (i) a written transfer ceRificate, in a form approved by the Associatio ,
sigr�ed by the transferor and transferee, and (ii) all prior Storage Certificates and copie
thereof, issued with respect to the Storage Space. The Association shall review th
pro osed transfer for compliance with this Section 7.9 and, if the transfer complies, th
Ass�pciation shall transfer the license on its records to the Unit owned by the transfere
and issue a new Storage Certificate to the transferee. The license to use the Storag
Spa�e shall remain with the Owner and Unit to which it is transferred until the license i
tran�sferred im accordance with this Section 7.9. In the absence of a properly execute
assignment to the contrary, the license to use a Storage Space assigned to a Unit at th
tim� of the Unit's conveyance shall be automatically assigned with the conveyance o
title to the Unit.
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- 7.9.4 An Owner may rent or allow the use of the Storage Space assigned to his •
or her Unit only to or by other Owners and Occupants. The lease or other use right shall
be in written form, and shall terminate when the lessor, lessee, or ather user is no longer
an Owner or Occupant, regardless of the terms of any agreement to the contrary_ The
� Owner shall give the Association advance written notice of any lease or use agreement
�vith respect to the Storage Soace assisned to that Qwner's� Unit, and shall promptly
provide a copy of the lease or use agreement to the Association. The Association may
hold, reassign the license foc, or rent, a Storage Space assigned ta it in the same manner
as an�wner,except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit sha12 include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the event of a
foreclosure of the lien or other security interest.
?.9.6 Any license, ]ease, rentai, assignment, transfer, or purported transfer of �
any interest in a Storage Space in violation of this Section 7.9 shall be void. .
" 7.9.7 The use of the Storage Spaces, and the items that may be stored in the
Storage Spaces, are subject to Ruies and Regulations as approved from time to time by
the Board.
7.10 Animals. The Board shall have the exclusive authoriry to regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals on the Property; provided, that the Board may
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers), cats, small birds, small
fish, and other animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regutate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.IO.Z Pets shall be kept solely as common domestic househoid pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
putpose. No anirnal 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 unreasonahle amount of noise, or to
� become a nuisance or a threat to the safety of Owners,Occupants,and their guests.
7.10.4 Pets shall be housed only within Units, and not within the Common
Elements_ No structure, fence, or enclosure for the care, housing, or confinement of any
pet shall be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.10.5 Pets shall be under controi of an aduit individva.l at all times when outside �
of the Unit.
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! 7.10.6 Owners and Occupants keeping pets within their Units are responsible r •
' the pet's behavior and for complying with municipal pei Iaws,, ordinances, d
� regulations. An Owner is liable to the Association for the cost of repair of any damage o
the Property,or the damages and expenses associated with any personal injury,caused l�y
• an' animal (i) kept by that Owner on the Aroperty, (ii) kept on the Property by n . �
Oc�upant of that Owner's Unix, or(iii) braught uQon the Progerty by a guest or invitee f � .
that�wner or that Qccupant. The owner of that animal �if not ihat Owner}shall also e
liable for such costs,damages,and expenses.
' 7.10.7 The Board shall have authority to determine in its soie and absolu e
discretion whether a particular pet shall be permanently removed from the Property bas d
uppn the pet's behavior or the failure of the pet's owner to comply with(i)ihis Section ,
{ii) applicable governmental restrictions, laws, or ordinances, or (iii} any addition 1
restrictions approved by the Board; provided, that such removal shall be sabject �o
Se�tion 13.3.
7.]0.8 Any fine, or costs for repair or,injury, imposed upon an Owner for
failure to comply with any pet restrictions shall be an Assessment against the Owner s
Unit. �
7.11 Quiet Eniovment; Interference Prohibited. Subject to Section 7,16, all Owne s
� and Occup�nts and their guests shall have a right of quiet enjoyment in their respective Unit ,
subject to the rights of other Owners and Occupants to reasonable use of their respective Unit
and the usual and customary sounds generated thereby given the multi-family, apartment-styl
structure of the Building. Taking into consideration the nature of the Building structure, Owner
and Occupants and their guests shall use and occupy the Property in such a manner as will n t .
cause a nu�sance or disturbance, nor unduly restrict, interfere with or impede the use and qui
enjoyment of the Property by other Owners and Occupants and their guests. .
7.12 Comoliance with Law. No use shall be made of the Property which wouid violat
any then existing municipal codes or ordinances, or state ar federal iaws and regulations, na
shall any a�ct or use be permitted which could cause waste to the Property, cause a materia i
increase in'insurance rates on the Property, ar otherwise cause any vnusual liability, health o� j
safety risk,or expense,for the Association or any Owner or Occupant. �
7.13 Alterations. Except for those made by Declarant in consideration of its initial sa!
of a Unit ar�d except as otherwise provided in Section 8, no alterations (as defined in Section 8�
shall be made, or caused or allowed to be made, irr any part of the Common Elements, or in an�
part of the Unit which affects the Cornmon Elements or another Unit, or which is visible fro
the exterion of the Unit, w�thout the prior written authorizatian of the Board, or a committe '
appointed by it, as provi�ed in Section 8. No Owner or Qccupant shall (i} cause or permit an
physical changes to his or her Unit that could jeopardize or impair the weather-tight soundness o
safety of ihe Building,or any Building system, or other improvement located on the Property; o
(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 comparable •
fonn of tease, occupancy rights, ownership, or right-to-use plans, which has the effect of
dividing the ownership or occupancy of a Unit into separate time periods, is prohibited.
7.15 Access to Units. ln case of emergency which constitutes an immediate and
mater�al threat to the Pr�perry or to the health or safety of the Owners or Occupants, all Units
and the Limited Elements are subject to entry, without notice and at ar�y time, by an o�cer or
member of the Board, by the Association's management agents, or by any public safety
personnei. Entry is also authorized for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
. 7.16 Public Works Facilitv. The City's public works facility(the"FaciIity"}is located
directly to the west of the Property. The Facility is.used by the City for, amang other things, the
storage, maintenance, and repair of trucks, plows, and other equipment owned and used by the
City. The Facility is operated by the City twenty-four hours a day, seven days a week. Given :
� the close proximity of the Facility to the Property, the Owners and Occupants and their invitees �
will be subject to the sights,sounds, lights,and smells associated with the Facility.
7_17 Storaae. Subject to the provisions of Section 7.9, personal property may not be
stored, displayed, or otherwise left outside the Units, except as authorized by the Board. All
portions of the Common Elements used for access to and from the Units and to and from the
tower level of the Building,may not be obstructed, or used for parking, storage,activities, or any
purpose other than access and authorized parking and storage.
7.18 Prohibited Conduct. No Owner or Occupant shall{i}cause or permit any physical
� changes to their Unit or the Common Elements that could jeopardize or impair the weather-tight
soundness or safety of the Building, any Building system, or other improvement located on the
Property; (ii) interfere with any easement; (iii) install or permit the installation of hard surface
floor coverinbs within their Uni#withaut the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed: in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which coutd affect or
damage the sound barriers or sound attenuation materials instatled on or within the ceilings,•
floors,or walls of the Units wi#hout the prior written authorization of the$oard.
SECTION 8 �
ARCHITECTURAL STANDARDS
i 8.l Restrictions on Improvements. One of' the purposes of this Declaration is to
' ensure that those parts of the Units which are visible from the exterior, as well as the Limited
Common Elements, be kept architecturally attractive, and consistent in appearance, and
structura}ly sound_ Therefore, except as set forth in Section 8.5, the foilowing restrictions and
requirements shall apply to alterations on the Property:
8.1.1 Except as expressly provided in this Section 8, no modifications,
improvements, repairs, or replacements of any type, whether femporary or permanent,
structural, aesthetic, or otherwise (collectively referred to as "alterations," and
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individually a "alteration"), including, but not limited to, any structure, buiidin , '
addi,tion, deck, patio, fence,wall, enclosure, window,exterior door, antenna or other typ�
of sending or receiving apparatus, sign, flag, display, decoration, color chang
shnubbery, material topographical or landscaping change, or any other exterior alteration
to or of a Unit or a Limited Common Element,.shail be made, or caused or allowed"to b
nad�'�, by any Owr,er or Occupant,'or iheir invitees, in any part of.he C�mmon EIements
ar ir�any part of the Unit which affects the Common Elements or another Unit, or whic�
is visibie from the exterior of the Unit, unless and ❑ntil the plans and specification
shor�ving the nature, kind, shape, height, calor, materials, and ]ocations of the alteration
shall have been appro"ved in writing by the Board or a committee appoinied by it. I
addition, Declarant's written consent shall also be rec�uired for alterations until Declaran�
no lQnger owns a Unit for initial sa}e_
' 8.1.2 The Board may appoint, supervise, and disestablish an architectura
committee, and speci�cally delegate to it part or all of the functions which the Soar
exercises under this Section 8, in which case the references to the Board shall refer to th�
arch4tectural committee where appropriate. The architectural committee shall be subjec
to the supervision of the Board. �
I 8.1.3 The Board shall establish the criteria for approval of alterations, whict�
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 constructian activit
in connection therewith, and (ii) cornply with a31 governmental taws, codes, and
regulations. The criteria for approval of alterations shalf include and require, at aj
minimum:
, 8.L3.1 substantial uniformity of color, ]ocation, type, and design in
relation to existing structures and topography,.
8.1.3.2 comparab]e or better quality of materials as used in existing
� improvements on the Property, • � •
� 5.1.33 ease of maintenance and repair, i
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8.I.3.4 adequate protection of the Property, the Association, the Owners,
� and the Occupants from liability and liens arising.out of the proposed alterations,
� 8.13.5 substantial preservation of other Owners' sight lines, if materia�,
and
� 8.1.3.6 compliance with governmental laws, codes,and regulations.
I 8.1.4 The Board, or the appointed architectural commitiee if so authorized by
the Board, in its sole discretion, may impose standards for design, appearance, or
construction which are greater or rnore stringent than standards prescribed by the
Gov�rning Documents, or by building, zoning, or other governmental laws, codes, or
. regulatians; provided, that such standards shall be consistent with the architectural
character and use of the Property as planned and developed by Declarant. The Board, or
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the appointed architectural committee if so authorized by the Board, shall be the sole • •
judge of whether such criteria are satisfied, and its determination in this regard shall be
binding upon the Owners, the Occupants, and any other Person holding or acquiring an
interest in the Unit. The purpose of the criteria established by the Board shall be (i) to ;
preserve the architecturai sryte and uniformity, the quality and value of the Property, and I
(ii) te pr�rect th� A_ssoc�atior. �r:� the Ow�ers fCQ�T2 ll?:d�.:e liability ar;ing out �f t}:� •
aiterations or any construction activity in connection therewith. �
8.i.5 Alterations may be made in compliance with �ecticn S 15B.2-I 1? of the ,
Act, and relocation of the boundaries of the Units may be made in compliance with
Section S 15B.2-114 of the Act.
8.1.6 Approval of alterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in #he �
course of construction of the Building and Units, shall create an appurtenant easement for
such encroachment in favor of the Unit with respect to which the alterations are
approved, notwithstanding any contrary requirement in the Governing Documents or the
Act. A fite of the resoiutions approving all alterations shal{ be maintained permanently
as a part of the Association's records.
8.2 Review Procedures. The following procedures shal] govern requests for
alterations under this Section 8:
� 8.2.1 Detailed plans, specifications, and related information regarding any
proposed alteration, in form and content acceptable to the Board,shall be submitted to the
Board (or the committee)and to Declarant(as long as Declarant is the owner of a tlnit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approvaL
8.2.2 The Board (or the committee) and to Declarant(as long as Declarant is the ;
owner of a Unit) shall give the Owner written notice of approvat or disapproval. If the
Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and all other information requested by the Board(or the committee) and to
Declarant (as long as 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 plans,
specifications, and related information which were submitted. '
8.2.3 lf no request for approval is submitted, a.pproval shali be deemed to be
den i ed. .
8.3 Remedies for Vioiations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and shall be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shali be a lien against each of the Owner's Units and be a pe:sonal obligation of the Owner.
In addition, the Association shall have the right to enter the Owner's Unit and to restore any part
MPLS-Word 952RL1 I 20
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of the Building or that Unit to the prior condition if any alterations were made in violation of t is •
Section 8, and the cost of such restoration shafl be a personal obligation of the Owner and a li�n
against ea�h of the Owner's Units.
$.4 Owner Responsibility/Indemnity. An Owner who causes an alteration to e
made, reg�rdless of whethe:the alteratian is approved by the Baard, shall b� responsible for t e
� canstructian work and any claiins, damages, losses, or Iiabilities arising ont of the alterati n.
Th� O�vner, and not the Association, is responsible for determining whether any alteration is in
violation bf any restriction imposed by any governmenta] authonty havino jurisdiction over a y
portion of the Property. The Owner sha11 hold harrnSess, indemnify, and defend the Associati n,
and the Association's officers, directors, committee rnembers,and management agents, from a d
against any expenses, claims, damages, losses, or ather liabilities, encluding without limitati n
attorneys' fees and costs of litigation, arising out of (i) any alteration which violates a y
governme�tal Eaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of t e
specifications or standards for construction of the alteration, and (iii) the construction of f e
alteration. �
8.5 Exemptians. The requirements set forth in this Section 8 (except Section 8. )
shall not apply to the following: �
8.5.I Construction, reconstruction, or remodeling by Dectarant in connecti n
with its sale of Units. �
' I 8.5.2 The instailation of the following antennas within a Unit or within a �
Limited Common Element, as permitted by applicable law_ (i) one antenna one meter r
les$ in diameter for the purpose of receiving direct broadcastlsatellite service or vid o
programming services, or (ii) any antenna For receiving television broadcast signal .
However, the Board or a committee appointed by it, may require that the antenna e
inslalled so as to minimize its visibility from the front of the Unit and otherwi 'e
carnouflage its appearance, unless such requirements would violate applicable law. T e
Board shall have authority to impose further, reasonable related requirements consiste t
with ]aw. The Owner or Occupant of the Unit shall perform and pay for the installatio ,
maintenance, and repair of the installation. . � i
i
. � 8.5.3 Alterations permitted by the Rules and Regulations.
, SECTION 9
MAINTENANCE
9.1 I� Maintenance bv Association. Subject to Section 9.2,the Association sha�l provid
for all maintenance, repair, and replacement (collectively referred to as "maintenance" o
"maintain"� of the Common Elements and the Limited Common Elements, in accordance wit ,
and subject to,the fo]]owing qualifications:
und� 9.1.1 The cQst of►naintenance of a Lirnited Common Element required to b
rtaken by the Association shall be assessed against each Unit to which the Limite
Common Element is allocated. The Association may assign to an 4wner the obligatio
MPIS-Word 95�81.1 I Z 1
' for routine maintenance of a Limited Common Element allocated to the Owner's Unit. �
However, if the Owner fails to adequately perform the rrzaintenance, the Association may
enter the Limited Common Element and the Unit, perforcn the maintenance, charge the .
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The�
Association shal] have an easement on, over, and through that Unit and the Limited
��mmon Element for purpeses ef perfe:�ning said maintenance. �
9.12 The Association shall be responsible for incidental damage caused to a.
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.I.3 lf darnage to the Common Elements, the Gimited Common Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Comrnon Elements which the Owner or Occupant
has caused or allowed to exist,then the Association may repair the damage or correct the '
condition, charge the Owner for the cost of the maintenance, and assess the cost thereof �
against the responsible Owner's Unit, as may be assigned by the Association pursuant to
. this Section 9.1. The Association shall have an easernent on, over,and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9_1.4 Notwithstanding the assigmnent of any maintenance obligations to an
Owner, the Association shall have authority to approve any maintenance which affects
any part of the Property other than the Unit, which may impair any easement, or which
alters the appearance of the Property as seen from outside the Unit:
9.1.5 The Association also has the obligation to maintain the Common Elements
in accordance with that certain Declaration of Easements, Restrictions and Covenants for .
Stonebay recorded in the office of the County Recorder in and for Hennepin County,
Minnesota, on July 29, 2004,as Document No. 8406752. Pursuant to that Declaration of
Easements, Restrictions and Covenants, the Association has the obligation to maintain
those unpaved portions of Kelley Parkway]ying within the Common Elements_
9.2 �tional Maintenance bv Association. In addition to the maintenance described
in Section 9.1 the Association may,with the approval of a majority of votes cast in person or by
proxy at a meeting called for such purposes, or by written baIlot, undertake to provide
maintenance to parts of the Units.
9.3 Costs of Maintenance bv Association. All maintenance performed by the .
Association under this Section 9 sha11 be funded by annual.Assessments or, if necessary, special
Assessments, unless otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the cost of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant zo Section 6.4.
9.4 Owner Res�onsibilitv. The Owner shall, aT the Owner's expense, be responsible
for maintenance, repair, and replacement as follows: .
MPLS-Word 95231.1 I 22
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' 9.4_1 To maintain atl portions of the Owner's Unit in good, clean, and sanit •
co�hdition, and to maintain the Limited Common Elements allocated to the Owner's Ur�it
to�he extent assigned to the Owner under Section 9.1.1. The Association may require thlat �
th� Owners perform their maintenance ob�igations in accordance with standartis
estiahlished by the Association.
- 9.�_2 Ta perforn ihe foregoing maintenance obligaticns in such nan,�er as n t �
to dama�e the Frogeriy, or unreasonably disturo or cause a hazard ta other Perso s
occupying or using the Property.
The Association may, with the approval of the Members, undertake a y
maintenance of a Unit which the responsible Owner fails to or improperly performs, a d
� assess the Unit and the Owner for the cost thereof. No such approval shall be necessa
if the Association has the authority under the Governing Documents to perform su h
maintenance. Such cost shall be a personal obligation of the Owner and a lien against t e
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects n
or damage to those parts of the Property which the Association is obligated to maintai .
The Board may require that the Owners perform their maintenance obligations n
accordance with standards established by the Association.
9_S' Waste of Common Utilities or Commonlv Metered Utilities. An Owner r
Occupant 'I�of a Unit shail not cause waste, or unreasonable use, of common utilities or utiliti s
that serve�the Uni# hut which are comrnon,ly metered. In the event the Association determin�s
that such waste or unreasonable use is occurring, the Association shaIl have the authority to leuy
against the Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, charge�,
and fees �whet�er bil]ed by the utility provider, or otherwise) associated with that waste �r
unreasonable use. Such costs, charges, and #'ees shail be calcuiated by the Association usi g
reasonab]a methods. Notwithstanding any provision to the contrary in this Declaration, t e
Associatian may repair or correct any condition (and enter upon any Unit and Limited Comm n
Element to do so) causing the waste or unreasonable use. The cost of the repair or correcti n
may, at the Boaid's discretion, be assessed against the Unit, and may,at the Board's discretio ,
be the persona! obligation of the Owner of the Unit and a lien against the Unit
9.6 Restrictions on Changes to the Propertv. Except as permitted by this Declaratio , '
no Owner or Occupant shall, without prior written authorization from the Board in accordan e
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, wheth r
termporary or perrnanent; to be made to a Unit or the Common Elements, if such chan e
or�lteration is visible from the exterior of his ar her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Comm n �
El�ments that could jeopardize or impair the weather-tight integrity, safety or soundne�s
of�ny part of the Property, any system or equipment an or within the Property, or any
oth'�er improvements located on the Property.
I
� 9.6.3 lnterfere with or otherwise impair any easement. I
MPLS-Word 95281.1 I 23 .
� 9.7 Dut�to Report Defects. Owners or Occupants shall promptly report to the �
Association any defect or need for repair to those parts of the ProperEy which the Assaciation is
obligated to maintain.
9.$ Damaee Caused by Owner. Notwithstanding any provision to the contrary in this
Declaration, if, in the judgment of the Association, the need for maintenance of any part of the
Pr�perty is caused by the willfut or neglige.^.t a�:or omission�f an Owner or Qccupant,the guest
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Ownec or
the Occupant has willfully or negligently allowea to exist, the Association may cause such
� damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Elemerit to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shall be a personal obligation of the Owner and a lien
against that Owner's Unit.
SECTtON 10
1NSURANCE
10.1 Recauired Coveraee. The Association sha11 obiain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set forth in the Act and the additional requirements set forth herein issued by one or more than
one reputable insurance company authorized to do business in the state of Minnesota,as follows:
i0.1.1 Property insurance in broad fQrm covering all risks of physical loss in an
amount equal to one hundred percent�of the insurable"replacement cosY'of the Property,
exclusive of (i)deductibles; and (ii) land, footings,excavation and other items normally
excluded from coverage (but including all building service equipment and machinery). •
� The Association, at its sole discretion, may or may not insure the following items:
ceilang and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments regardless of when installed, and any items referred to in Section '
515B3-113(b)(i) through (vii) of the Act, but must do so if required by the Federa] !
Naciona! Mortgage Association ("FNMA"), the Federal Home Loan Mortgage
Corporation ("FHLMC"), the Federal Housing Administration ("FHA"), or the secretary �
of Veteran's Affairs{"VA"). The policy or policies shall cover personal property owned
by the Association. The policy or policies shall aiso contain "Inflation Guard" and
"Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additionat endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNN1A or FHLMC as a precondition to their insuring, purchasing or financing a
mortgage on a Unit. The Board may also, on behalf of the Association, enter into binding
written agreements with a mortgagee, insurer or servicer, including without limitation the
FHA, VA, �NMA or FHLMC, obligating the Association to keep certain speci�ed
coverages or endorsements in effect.
10.1.2 Commercial general liability insurance covering the use, operation, and
maintenance of the Cominon Elements, with minimum limits of one million dollars per
MPLS-Word 95281.11 24
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occurrence,against claims for death,bodily injury,property damage, and such other ris '
as are custamariIy covered by such policies for projects similar in canstruction, ]ocati n
and use to the Property. The policy shalt contain a"severability of interest"endarseme t
which shall preciude the insurer from denying the claim of an Owner or Occup�t
be�ause of negligent acts of the Association or other Owners or Occupants. The poli y
shall includ� such additivr.a! e�dorsements, cove:ages and limits with respect ta suc �
haz,ards as may be required by the regu9ations of the FHA, VA, FNMA, or FHLMC as a
precondition to their insuring,purchasing,or financing a mortgage on a Unit.
10.1.3 Fidelity bond or insurance coverage against dishonest acts on the part f
dir�ctors, officers, managers, trustees, employees, or persons resgonsibie for handlin
. fun�ds belonging to or administered by the Association, if deemed to be advisable by th
Board or required by the reguiations of any financing-related institution as a preconditio
to the purchase, insurinb, guarantee, or financing of a mortgage on a Unit. The fideli
bond or insurance shall name the Association as ihe named insured, and shal] compl
with the regulations of the FNMA, FNLMC, FHA or VA, if required by one of suc
agepcies as a precandition to the purchase, financing, insuring, or guarantee of
mortgage on a Unit. An appropriate endorsement to the policy to cover any persons wh
' serve without compensation shall be added if the policy would not otherwise cov
volunteers, or a waiver of defense based upon the exclusion of persons serving witho t
compensation shall be added.
I 10.1.4 Workers' Compensation insurance as applicable and required by law.
I 10.1.5 Directors and officer liability insurance with such reasonable limits an�i.
cov�rages as the Board shall determine from time to time.
' 10.1.6. Such other insurance as the Board may determine from time to time to b�
in tl�e best interests of the Association and the Owners.
]0.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, al
insurance prerniums shall be assessed and paid as part of an annual Assessment. I
im�rovemehts and betterments to the Units are covered by the Association's propeRy insurance
any increas�d cost may be assessed against the Units affected. The Association may, in the cas
of a claim for damage to one or more than one Unit,(i)pay the deductible amount as a Commo
i Expense, (i�) assess the deductible amount against one or more than one Unit affected in an
reasonable manner, or(iii) require the Owners of one or more than one Unit affected to pay th
deductible amount directly. 1fie Association's decision as to who shall be charged with payin
the deductible amount may, but need not, be based an fauit. Notwithstanding anyching to th
contrary in this Section ]0, the Association may, in the case of claim against the Association'
property in�urance,assess the deductible amount against all of the Units equally in the event Eha
the deductible amount is calculated by the insurance company based upon the percentage of th�
value or cost(replacement or otherwise)of one or more than one Unit or Building.
f 0.31 Loss Pavee; Insurance Trustee. Atl insurance coverage maintained by th
Associatianl shall be written in the name of, and the proceeds thereof shall be payable to, th
Associatianl {or a qua]ified insurance trustee selected by ii) as trustee for the benefit of th
MPLS-WorJ 952$I.11 zs
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� Owners and secured parties which suffer loss. T1ie Association, or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and cotlect upon any claims or losses �
under any insurance policy maintained by the Association. '
�
. 10.4 Required Policv Provisions. Afl policies of properiy insurance carried by the
. Association shall provide, if practicable;that: .
1a.4.1 Each Owner and secured party is an insured Peron under ihe policy with
respect to liability arising out of the Owner's interest in the Common Elemen[s or
membership in the Association. �
10.4.2 The insurer waives its right to subrogation under the policy against any I
Owner or member of the Owner's household and againsi the Association and members of I
the Board.
1fl.4.3 The coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner, unless acting within the scope of authority on behalf of the
Association, or (ii) any failure of the Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
control.
, L0.4.4 If at the time of a loss under the policy there is other insurance in the name
of an.Owner covering the same property covered by the policy, the Association's policy
is primary. .
10.5 Cancellation; Notice of Loss. All policies of property insurance and
comprehensive liability insurance maintained by the Association shall provide that the policies
shall not be canceled or substantially modified, for any reason, without at least thirty days prior
written notice to the Association, the insureds, and to all secured parties holding first mortgages
on Units.
10.6 No Contribution. All poticies of insurance maintained by the Association shall be ;
, the primary insurance where there is other insurance in the name of fhe Owner covering ihe same ,
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees. • �
�
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additiona)
personal insurance coverage (commonly icnown as "gap covera�e"or an "H06"policy) at his or
her own expense covering fire and other casualty to the interior of the Unit,the Owner's personal
property and personal liability, and covering insurance deductibles that may be levied by the
Associatio❑ against the Unit. lnsurance policies maintained by Owners are without contribution
as against the insurance �urchased by the Association, except as to deductible amounts or other
items not covered under the Association's policies. Upon request by the Association, an Owner
shall immediately provide to the Association a copy of the certificate(s) of insurance coverage
evidencing the insurance required by this Section 10.7.
MPLS-Word 9528I.i 1 �6
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SECTION l l • �
RECONSTRUCTION, C�iVDEMNATION,AND EMINENT DOMAIN
I 1 11 Reconstruction. The obligations and procedures for the repair, reconstruction, r �
dispc�sitior}ef the Property fo]lowing damage or destruction there�f shall be governed by the Ac�t.
Any repair or reconstructio� shall be commenced as soon as practicable a�ter the casualty a d
shall be s�bstantially in accardance with the plans, specifications, and design of the Property s
initially eonstructed and subsequentiy improved. Notice of substantial damage or destn�cti n
shall be giyen as provided in Section 15.10. �.
1 1.2 Condemnation and Eminent Domain. In the event of a taking of any part of t e I
Property by condemnation or eminent domain, the provisions of the Act shall govem; provide ,
(i) that not,ice shall be given as provided in Section 15.10, (ii) that the Association shall be t e
attomey-in-fact to represent the Owners in any related proceedings, negotiations, settlements, r
agreement�, and (iii) that any awards or proceeds shall be payable to the Association for th�e
benefit of the Owners and th�mortgagees of their Units. Eligible Mortgagees shall be entitled�
priority fori condemnation awards in accordance with the priori3ies established by the Act and t �
Goveming Documents, as their interests may appear.
, I1.� Termination and Liquidation. The termination of the Condominium, and th
distribution of any proceeds therefram, shall be governed by the Act. Any distribution of fund�
sliall be based apon the value of the Units as determined by their relative value for prape
insurance Rurposes, and shall be made to Owners and their mortgage holders, as their interes
• may appear,as provided in the Act. �
11.� Notice. The Association shall give written notice of any condemnatio
proceedingS or substantial destruction of the Property to the �Etigibie Mortgagees entitled t�
notice under Section l 5.10. �
�
11.5 Association's Authoritv. ]n a11 cases involving reconstruction, condemnation '
eminent do�nain, tennination or liquidation of the Condominium, the Association shall hav�
authority to act on behalf of the Owners in all proceedings, negotiations, and settlement o
claims. All,,proceeds shall be payable to the Association to hold and distribute for the benefit o
the Owners and their mortgage holders,as their interests may appear,in accordance with the Act.
� SECTION l2
I
EASEMENTS
The�fo)lowing appurtenant easements and rights are hereby granted,corveyed, dedicated,
and reserve,d on, over, under, and across the Property, as appficable.
12.1 UTilities, Services, and Operatine 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, repai
and replace�nent of all utilities, services and common operating systems, such as natural gas,
electricity, cable TV, security, telephone and other electronic communications, water, sewer,
MPLS-Word 952811.11 7�
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� septic systems, wells, and similar services, fire control systems and other comrnon operating -
systems, and metering and contral devices, which exist, which are constructed as part af the �
Proper[y,which are approved by the City,which are approved by the Association under authority
contained 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 Owners
and Occ��pants thereof, shall aIso be s�hje�t to and benefited by a non-exclusive easement in
favor of the other �3nits, the Common Elernents, and the Assaciation for all such utilities, �-�"
services, fire controi systems, and other common operating systems. Utilities and related
services or systems shall he insta(led, used, maintained, and repaired so as no# to interfere with ,
the use and quiet enjoymeni of the Units by the Owners and Occupants, nor affect the structural
. or architectural integrity of a Building, the Units,or the Common Element improvements. �
•
12.2 Encroachments. Each Unit and the Common Elements, and the rights of the �
Owners and Occupants therein, shall be subject to a nonexclusive easement in favor of the \
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
settlement, or movement of any part of ihe Property, for improvements which are added in •
compliance with Section ?.13, and nonmaterial inaccuracies in survey. lf there is an
encroachment upon another Unit or tt�e Common Elements as a result of any of the
aforementioned causes,an easement shall exist for the encroachment, for the use,enjoyment,and
habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
Improvements or alterations added pursuant to Section 7.]3 shall be limited to minor
� encroachments, and no easement shall exist unless the proposed improvements or alterations
have been approved and constructed as required by this Declaration. Such easements shall
continue for as long as the encroachment exists and shall not affect the marketability of title.
12.3 Structural Support Easements_ Each Unit and the Common Elements shall he
subject to and be the beneficiary of nonexclusive easements for structural support in all walis,
columns, joists, girders, and other structural components located in or passing through another
Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access ,
to and from public roadways and walkways on and across those poRions of the Common
Elements designated for use as driveways or walkways, as originally constructed, shown on the
Piat, or oiherwise designated by the Association, subject to any restrictions authorized by the �
Governing Documents or the Rules and Regulations. The right of access of the Owners and
Occupants, and their invitees, to and from the roadway to the west of the Property, commonly
known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
recorded in the office of the County Recorder in and for Hennepin County, Minnesota, as
Document No_ D 75 Thai Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
(2.5 In�ection, Maintenance, Repair. Revlacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elernents and Limited
Common Element; shall be subject to and benefited by the nonexclusive easements in favar of
the Association, its a�enTs, and Declarant for the maintenance, repair, repiacement, and
reconstruction of the Common Elements, the Units, and other improvements located within Ehe
MPLS-Word 952R L 11 28
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Units, and the utilities serving the Units, to the extent necessary for the Association to fulfill ts •
obligation under the Governing Documents or for Declarant to investigate or undertake ts
warranty bligations. Each Owner shall afford to the Association and its management age ts
. and empl yees, access at reasonable times and upon reasonable notice, to and through t e
Owner's IJnit and its Limited Comrnon Elements for inspection, maintenance, repair, a d
� replaceme t; provided, thai access to the Unit and its Limited Common Elements may be h d
- without notice and at any time in case of emergency. '
12.5 Public Safety and Health Access. 'Fhere are nonexclusive easements in favor f
' the City a�d other applicable governmenial authorities or agencies as shall from time to ti e
have juris iction over the Properiy, on and across drives, walkways, parking areas, and oth r
open spac� areas of the Property for reasonable access to per#'orm.such duties related to la
enforcement, fire protection, life safety, health, and sanitation as are reasonably required fro
time to tirpe. Such easements shall include access through and into the affected Units a d �
Limited C�mmon Elements in the.case of an emergency. . �
12.7 Emer�encv Access. In case of emergency or perceived threat to public health r
safety, all Units and Limited Common Elements are subject to an easement in favor of t e
Associatio for access, without natice and at any time, by an officer or member of the Board, y
the Associ tion's management agents,or by any public safety personnel. The Board may requi e
that an Ow+ner or Occupant leave keys to the Unit with another Owner of the Owner's choice, r
with the ssociation, and.to advise the Association's management agent or the Board of t e
locations f the keys, so as to allow access for emergencies when the Qwner or Occupant s
absent fro the Propecty for extended periods. '
12:8 Recorded Easements. The Property shall be subject to such other easements '
may be re�orded against it or otherwise shown on the Plat. Any recorded easement benefiting r
burdening he Property shall be construed in a manner consistent with, and not in conflict wi ,
the easem�nts created by this Declaration. Such recorded easements include, but are nat lirriit d
to, that cernain Declaration of Easements, Restrictions and Covenants for Stonebay recorded '
the office �the County Rec�rder in and for Hennepin County, Minnesota, on July 29, 2004, s
Document o. 8406752. Pursuant to that Declaration of Easements, Restrictions and Covenant ,
the /�ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lyin
within the Comrnon Elements.
12.� Drainage Easernents. The Common Elements shall be subject to nonexclusi '
easements for storm water drainage in favor of the Owners and Occupants for reasonable sta
water drai age, and other normal site drainage, aver those parts of the Common Elements whic
may be de igned, improved,or graded for such purposes. �
� i 2.10 Use and Enjoyment Easements_ There are nonexclusive easements in favor of th
Owners an�i Occupants of the Units for use and enjoyment on and across the Common Element ,
and far ex lusive use and en}oyment of any Limited Common Elements allocated to the Uni ,
subject to �ny restrictions authorized by, or set forth in, the Governing Documents or the Rul
and Regulations. .
MPLS-Word 95 81.11 ' 29
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12.11 Declarant Ri�hts and �asements. The Units and the Common Elements are -
subject to exclusive easements and rights in favor of�eclarant for the exercise of its decIarant
rights as described in the Governing Docaments,and for the periodic inspection of the Units and
the Common Elements during any warranty periods and thereafter to review the condition of the !
Praperty and Building systems and to determine whether Unit and Building maintenance .
requirements a:e being followed.
12.12 Duration, Restrictions, and Use. The rights and easements granted or reserved by
this Section 12 shall be permanent, shall run with the Iand unless otherwise expressly indicated,
and shall be subject to the following qualifrcations:
' t2.]2J The easements shal] supplement and not limit any easements described
i elsewhere in this Declaration or any other recorded instrument.
I
� 12.122 The easements shall be subject to reasonable regulation by the
! Association and shall be subject to such reasonabte limitations as to location and routing
as may be established by the Association or any govemmental authority.
12.12.3 The easements shall include reasonabie access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements located thereon.
12.12.4 No Person shall materially restrict or irnpair any easement benefiting or
� burdenins .the Property, or any equipment or improvements relating to the easement,
subject to this Declaration and the right of the Association to impose reasonable Rules
and Regulations governing the use of the Property. �
12.12.5 No improvements shall be erected or maintained, no excavation, .
grading or reshaping�shall be undertaken; and no fill or oti�er materiat shall be placed, in
an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or irnpede the intended flow of water
through any drainage easement area.
12.12.6 Persons exercising easement rights shal] (i) take reasonable care to
avoid damaging the Property or creating safety hazards; (ii) promptly repair any damage
to the Property which they or their caused; (iii) promptly reimburse the Association for
ail costs incurred by it for repairing damage to an easement area caused by the Person or
the Person's invitees; and {iv) hold harmless, indemnify, and defend the Association,
other Owners, and the officers and directors of the Association, from and against all
claims, damages, losses, and other liabilities arising o.ut of the exercise of the easement
rights.
12.12.7 Declarant's easement rights described in this Declaration shall
terminate when Declarant no longer owns a Unit.
12.]2.8 No grant, dedication, or creation of an easement under this Declaration
shal] constitute a dedication of the easement area or the use thereof to the public, it being
the inteni of this Declaration that the Common Elements be and remain priyate property
MPLS-Word 95281.1 l 3�
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subjecT to operation and regulation by the Association, and that the Units be and rem in '
pr�vate property subject to operation and regulation by th� respective Owners there f
an�i/or the Association,as applicable, all in compliance with the Governing Documents.!
12'.l3 Restriction on Third Partv Easement Grants. Except for Dec(arant in the exerci e
� of its rights under this Declaration, and exceot for the Board in the exercise of authority grant d
by the Governing Documents, no Person shall create, grant, or convey any easement r
comparabie rights upon any portion of the Property without the prior writt�n approval of t e
Board;prc�vided, that the Board shall authorize an Owner to grant an easement over the Owne 's
Unit if(i)Ithe easement will not adversely affect the Common Elernents ar another Unit and ( i)
the easerr�ent is consistent with the overall design and plan for the Property as established y
Deciarant and approved by the City.
,
12.14 Continuation and Scone of Easements. Notwithstanding anything in t is '
, Declaration to the contrary, no Owner or Occupant sha11 be denied reasonabie access to his r
her Unit mr the right to utility services thereto. The easements set forth in this Section 12 sh 1[ i
suppleme�t and not limit any easements described elsewhere in this Declaration or recorded,a�d
shall include reasonable access to the easement areas through the Units and the Comm n
Elernents for purposes of maintenance, repair, replacement, and reconstruction. All easeme t
rights shatl include a right of reasonable access to maintain, repair, and replace the utiiity tin s
and related equipment.
' S�CTION 13
I COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in t e
. Property, shall be governed by arid comply with the provisions of the Act, the Governi g
Documents,and the Rules and Regulations, and such amendments thereto as may be made fra �
time to time, and the decisions of the Association. A failure. to comply shall entitle the �
Associatic�n to the relief set forth in this Section, in addition to the rights and remedies authoriz d
elsewhere by the Goveming Documents and the Act.
13.1 Entitlement to Relief. The Association may commence legal action to recov r
sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or a y .
combinatipn thereof,or an action for any other relief authorized by the Governing Documents r
available�t law or in equity, Le�al relief may be sought by the Association against any Own r, '
or by an ''Owner against the Association or another Ownec, to enforce compiiance with t e
Governing Documents, the Rules and Regulations, the Act, or the decisions of the Associatio .
However,no Owner may withhold any Assessments payabte to the Association,or take(or om t}
other action in violation of the Governing Docucnents,the Rules and Regulations,or the Act, a a
measure to enforce such Owner's position,or for any other reason.
13I•2 Remedies. In addition to any other remedies or sanctions, expressed or implie ,
administrative or legal, the Association shall have the right, but not the obligation, to impleme t
any one or rnore of the following actions against Owners and Occupants and/or their guests,w o
violate the provisions of the Governing Docuinents,the Rutes and Regulations, or the Act: '
� MPLS-Word 9�281.11 3 1
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` 13.2.1 Commence legal action for darnages or equitable relief in any court of �
� competent jurisdiction.
13.2.2 Impose lace charges, interest, or both, for each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
follcwing the month for which the Assessment or installment was due.
13.2.3 In the event of default of more than thirty days in the payment of any
Assessment or installment thereof, al7 remaining insfallments of Assessments assessed
against the Unit owned by the defaulting Owner may be'accelerated and shall then be
payabie in full if all delinquent Assessments or installments thereof, together with all
attorneys' fees, costs of collection, and iate charges, are not paid in full prior to the
effective date of the acceleration. Not less than ten days advance written notice of the
effective date of the acceleration shalt be given to the defaulting Owner. .
13.2.4 Impose reasonable fines, penalties, or charges for each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Comn►on Element amenities; provided, that the suspension of use rights shal!not apply to
Limited Common Elements or those gortions of the Common Elements providing utilities
service and access to the Unit. Such svspensions shall be limited to periods of default by
; such Owners and Occupants in their obligations under the Governing Documen#s,and for
up to thirty days thereafter, for each vio�ation. ,
13.2.6 Restore any portions of any Common Elements,Unit,or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any Owner or �
Occupant or their guests in violation of the Governing Doeuments, and to assess the cost
of such restoration against the responsible Owners and their Units. The Associatian shall
have an easement to carry oui its authority under this Section 13.2.b.
13.2.7 Enter any Common Element, Unit, or Limited Common Elemenu in
which, or as to which, a violation or breach of the Governing Documents exists which �
materialty affects,or is likely to materially affect in the near future, the health or safety of
the other Owners.or Occupants, or their guests, or the safety or soundness of any Unit or �
other part of the Property or the property of the Owners or Occupants, and to summarily
abate and remove, at the expense of the offending Owner or Occupant, any structure,
thing, or condition in the Common Elements, Unit, or Limited Common Elements which
is causing the violation; provided, that any improvements which are a part of a Unit rnay
be altered or removed only pursuant to a court order or with the a�reement of the Owner.
, 'I�e Association shal] have an easement to carry out its authority under this Section
13.2.7.
13.2.8 Foreciose any lien arising under the provisions of the Goveming
Docutnents or under law, in the manner provided by the Act.
13.3 Riehts to Hearin�. In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 132.6, or 13.2.7, the Board shall, upon written request of the
MPLS-V�'ord 95231.1 I 32
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offending Owner, grant to the offending Owner a hearing as contempiated by the Act and .t is •
Section 13.3. The hearing may be held before the Board or a committee of three or m re
disinterestied Owners appainted by the Board. The offending Owner shaEl be given notice of e ,
nature of the violation and the right to a hearing, and at least ten days within which to reques a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days of
receipt of the hearing re�uest by the Boartllcommittee, and with at ieast ten days prior wrirt t�
notice to Ithe offending Owner. lf the afiending Owner faiIs to requesc, or to appear at, t e
hearing, then the right to a hearing shall be waived and the BoardJcommittee may take su h
action as it deems appropriate. Hearings shall be conducted in a fair and equitable manner. T e
decision of the Board/committee and the rules for the conduct of hearings established by e
Board/cor�mittee, shall be final and binding on all parties. 1fie Baard's/committee's decisi�n
shall be dclivered in writing io the offending Owner within ten days following.the hearing, if ot
delivered to ihe offender at the hearing. Any fines to be imposed by the Association may, at t e �
Board'slCommittee's discretion,be retroactive to the date of the violation or offense.
131.4 Lien for Assessments, Charees, Etc. Any Assessments, charges, fines, expens s,
penalties, or interest imposed under this Section shall be a lien against the Unit of the Owner r
Occupant against whom the same are imposed and the personal obligation of such Owner in t e
same manlner and with the same priority and effect as Assessments under Section 6. The li�n
shall attach as of the date of imposition of the remedy, but shall not be final as to violations r
which a hearing is held until the Board makes a written decision at or following the hearing. 11
' remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall noE e
deemed a Iwaiver of the Association's right to pursue any other remedy. .
13.5 Costs of Proceedin� and Attornevs' Fees. With respect to any collecti n
measures,,or any measures or actian, legal, administrative, or otherwise, which the Associati n
takes to �nforce the provisions of the Act, the Governing Documents, or the Rules a d
Regulations, whether or not finally determined by a court or arbitrator, the Association m y �
assess the Unit owned by the violator with any expenses incurred in connection with su h
enforcement, including without limitation fines or charges previously imposed by t e ,
Associatia'n, reasonable attorneys' fees, and interest (at the highest rate aliowed by taw) on t e
delinquent amounts owed to the Association�. Such expenses shall also include�ny collectior� r
cantingency fees or costs charged to the Association by a collection agency or other Pers n
acting an behalf of the Association in collecting any delinquent amounts owed to the Associati n
by an Ow�er ar Occupant. Such collection or contingency fees or costs shall be the person 1
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 t e
espense o�'any maintenance, repair, or replacement of the Property rendered necessary by su h
Owner's acts or omissions, and by that of Occupants or guests in the Owner's Unit,to the exte t
that such expense is not covered by the proceeds of insurance carried by the Association or su h
Owner or Occupant. However, any insurance deductible amount and/or increase in insuran e
rates, resu�lting from the Owner's acts or omissions may be assessed against the Own r
responsible for the condition and against his or her Unit.
MPLS-Word 95I 81.1 I 33
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13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Reguiations,and the Act, as pmvided therein.
13.8 Litigatiori. Notwithstanding anything contained herein to the contrary, the
� Association may n�t commence any judicial or administrative action on behalf of the Owners
� (ath�r than a�-� actian cor;menced to enforce .he Gaverning Docum�nts or the Rules and
Reb iatioris, or to defe�d the Association), without frst obtaining the affirmative vate of the
Owners to which are allocated at least sixty-seven percent of the votss in the Association, in
peison or by proxy, at a meeting called for such purpose in accordance with the Bylaws, or by
written ballot.
ISECTION 14
AMENDMENTS �
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14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended only by the approval of:
14.1.1 The Board; and
14.1.2 The Owners of Units to which are allocased at least sixty-seven percent of
the total votes in ihe Association,except as otherwise provided by the Act; and
14.1_3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage of Eligible Mortgagees (based upon one vote per Unit
finance) as and if required by Section 15.
14.2 Procedures. Approval of the Owners may be obtained in writing or at a meeting
af the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shal] be in writing. Any amendment shall be subject to any greater
requirements icnposed by the Act. The amendment shall be effective when recorded as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcorrie of
the vote, or the execution of the foregoing agreements or consents, sha31 be adequate evidence
thereof for a!1 purposes, including without iimitation;the recording of the amendment_
SECTION 15
RIGHTS OF ELIGIBLE MORTCACEES
Notwithstanding anything to the contrary in the Governing Documents,but subject to the
Act or other laws, Eligible Mortgagees shall have the foliowing rights and protections:
I S_1 Consent to Certain Amendments. Subject to Declarant's rights under Section 15,
the written consent of Eligible Mortgagees representing at least fifty-one percent of the Units that
. are subject to first mortgages held by Eligible Mortgagees (based upon one vote per Unit
financed) shall be required for any amendment to the Governing Documents which changes any
; MPLS-Word 95281.1 I 34
provision governing the following: {i) voting rights; (ii) increases in an annual Assessment of '
more than twenty-five percent over the prior year's annual Assessment;(iii)Assessment liens,or
priority of Assessment liens; (iv} reductions in reserves for maintenance,repair and replacem nt
of Common Elements; (v) responsibility for maintenance and repairs; {vi) reailocation of
interests in the Common Elements or Limited Common Elements, or rights to their use; ( ii)
redefinition of any Unit boundaries; (viii) canvertibility of Units into CamFnon Elements or v'ce
versa; (ix) expansion or contraction of the Property or the addifion, annexation or withdrawal of
property to or fram the Property; (x) hazard or fidelity insurance requirements; (xi) imposition of
material restrictions on the leasing of Units; (xii) imposition of any resirietions on an Owne 's
right to sell or transfer his or her Unit; (xiii) restoration or repair of the Property (after a haz rd
damage or partial condemnation) in a manner other than that specified in the Governi g
Documents; (xiv) any action to terminate the legal status of the Condominium after substant a]
destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligi le
Mortgagees,or insurers or guarantors of mortgages.
� 15.2 Consent to Certain Actions. Subject to Declarant's rights under Section, e
written consent of Eligible Mortgagees representing at leasT sixty-seven percent of the Units t at
are subject to first mortgages held by Eligibie Mortgagees {based upon one vote per U it
financed) shall be cequired to (i) abandon or terminate the Condominium; {ii) change e
a3locations of voting rights,Common Expense obligations or interests in the Common Elemen s;
{iii) partition or subdivide a Unit except as permitted by statute; (iv) abandon, partiti n,
subdivide, encumber, or sell any Common Elements; or {v) use hazard insurance proceeds r
other than the repair,replacement or reconstruction of the Property,except as otherwise provid d
by law.
15.3 Consent to Subdivision. No Unit may be partitioned or'subdivided without t e
prior written approval of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 Na Ri�ht of First Refusal. The.right of an Owner to sell, transfer, or otherwi e
convey his or her Unit shall not be subject to any right of first refusal or similar restrictions.
I5.5 Priority of Lien. Any Person who comes into possession of a Unit by foreclosu e
of the first mortgage on a Unit, or by deed or assignment in lieu of foreclosure of the fi st
mortgage on a Unit, takes the Unit free af any claims for unpaid Assessments or any oth r
charges or liens imposed against the Unit by the Association which have accrued against su h
Unit prior to the acquisition of possession of the Unif by said Person; (i) except as provided in
. Section b.9 and the Act and (ii) except that any unreimbursed Assessments or charges may e
reallocated among all Units in accordance with their interests in the Common Elements. '
15.6 Prioritv of Taxes and Other Charees. All ta�ces, assessments and charges whi h
may became liens prior to the first mortgage under state law shal] relate only to the individ 1
Units and not to the Property as a whole.
i 15.7 Prioritv for Condemnation Awards. No provision of the Governing Docume ts
sha(1 give an Owner, or any other party, priority over any rights of the Eligible Mortgagee of t e
Unit pursuant to iis mortgage in the case of a distribution to such Owner of insurance proceeds r
condemnation awards for losses to or a taking of the Unit and/or the Common Elements. T e
Mri..s-wo�d 9szs�.i i 35
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� Association shall give written notice to all Efigible Mortgagees of any condemnation or eminent . '
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority.
15.8 Reauirements for Mana�ement Agreements. `fhe term of any agreement for
� . professional management of the Property shall not exceed two years. A.ny such agreement shall "
prov:de f�r terminatian withaut per,alty cr terminatian fee by esther party as iollows: (i) with
cause, upon a minimum of thirty, and a maximum of forty-five, days prior writien notice, and,
(ii)without cause,upon a minimum of sixty days priar written notice. _
15.9 Access to Books and Records/Audit. Eligible Mongagees, or an institutional
insurer or guarantor of a mortgage Ioan against a Unit, shall have the right to examine the books
and records of the Association upon reasonable notice, during normal business hours, and to
receive free of charge, upon written request, copies of the Association's annual reports and other I
financiat statements. Financial statem�nts, including those which are audited, shall be available
within one huridred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional guarantor or insurer of a mortgage loan against a Unit, may
require that, ai its own expense, an audit of the Association's financial statements be made for
the preceding year, in which case the Association shall cooperate in having an audit made and a .
copy given to the requesting party.
15.10 Natice Requirements. Upon written request to the Association, identifying the
' name and address of the holder, insurer or'guarantor of a mortgage on a Unit, and the Unit
number or address,the holder,insurer or guarantor shall be entitled to timely written notice of:
I5,10.1 a condemnation loss or any casaalty loss which affects a material portion
of the Property or the Unit securing the mortgage;
� 15.10.2 a sixty day delinquency in the payment of Assessments or charges owed
by the Owner of a Unit on which it holds a mortgage;
15.10.3 a lapse, cancellation or material modification of any insurance policy
maintained by the Association;and
15.10..4 a proposed action which requires the consent of a specified percentage of
, Eligible Mortgagees.
SECTION l6 . -
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and vnconditional authority to exercise the following
special Declarant rights within the meaning of Section S15B.1-]03(32} of the Act for as long as
it owns a Unit,or for such shorter period as may be specifically indicated:
I6.1 Comotete irnnrovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise incladed in Declarant's developrnent plans or
MPLS-Word 95281.1 i 36
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allowed by this Dec}aratian, and to make improvements in the Units and Common Elements to '
accommodate the exercise of any special declarant rights_
1fi.2 Rights to Relocate Boundaries, Subdivide, Convert. or Combine Units. To�(i)
relocate the boundaries of any Unit owned by it, or (ii) create additionai Units, Co on
Elements, and Limited Common Elements, or any combination thereof, by the subdivisi n,
partition,Iconversion, or combining of any Unit or Unifs owned by it, as authorized by the ct.
The maxiknum number of additionai Units that may be created within the Condominium pursu nt
t�this Section 16.2 is 5.
i .3 Sales Facilities. To construct, operate, and maintain one or more than one mo el
Unit, an other devetopment, sales, and rental facilities within the Common Elements, nd
within a y Units owned or leased by Dectarant from time to time, located anywhere on e �
Property.
1E.4 Si�ns. To erect and maintain signs and otrier sales displays offering the Units or
sale or le�se,within any Unit owned by Declarant and on the Common Elements. '�
i 6.5 Easements. To have and use easements, for Declarant, Declarant's employ es,
contractors, representatives, and agents and prospective purchaser5, through and over he
Commonl Elements far the purpose of exercising its special declarant rights. �
16.6 Control of Association. To control the operation and administration of he
Associatipn, including without limitation the power to appoint and remove the members of he
Board puksuant to Section S ISB.3-103 of the Act, untit the eartiest of: {i} voluntary surrende of �
control by Declarant, (ii) an Association meeting which shal] be held within sixty days a ter
conveyance to Owners other than Declarant of seventy-five percent of the total number of U its
authorized to be included in the Property, or {iii) the date three years following the date of he
.first convleyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, he
Owners other than Declarant shall have the right to nominate and eiect not less than ihirty-th ee �
and one-third percent of the directars at a meeting of the Owners which shall be held within si ty
days following the conveyance by Declarant of fifty percent of the total number of U,its I
authorize!d to be included in the Property. �
16.7 Consent to Certain Amendments. Declarant's written consent shall be requi ed
for any amendment to the Governing Documents or the Rules and Regulations which directl or
indirectl}j affects Declarant's rights under the Governing Documents or the Act.
�
SECTION l7 I
, MISCELLANEOUS
17.L . Severabilitv. lf any term, covenant, or provision of this instrument or any exh bit
attached hereta is held to be invalid or unenforceable for any reason whatsoever, s ch
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any ot er
portion o�f this Declaration or exhibits attached hereto. -
17.2 Construction. Where applicable, the masculine gender of any word used he in
shall mean the feminine or neutral gender, or vice versa, and the singular of any word u ed
herein s�'all mean the plural, or vice versa. fteferences to the Act, or any sections thereof, s all
MPiS-�Vord 45281.11 37
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� � be deemed to include any statutes amending or replacing the Act, and the comparable sections �
thereof.
. 17.3 Tender of Claims. In the event that any incident occurs which could reasonably
give rise to_a demand by the Association against Declarant for indemnification pursuant to the
Act, the Associatian shall promptly tender the defense of the action to its insurance carrier, and
give Deciarant (i} written natice of such tender, (ii} written notice of the specific natvre of the
action, and(iii)an opportunity to defend against the action.
1,'.4 Notices. Unless specifically provided otherwise in the Governing Documents or
the Act, all notices required to be giveri by or to the Association, the Board, the Association
officers, or the Owners or Occupants shall be in writing and shall be effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations parsuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
]7.5 Conflicts Amon� Documents. In the event of any conflict among the provisions �
of tfie Act, this Declaration, the Bylaws, and any Rules or Regulations, the Act shall control
unless it permits the docurrients to control. As a�nong this Declaration, the Bylaws, and any
Rules and Regulations, this Declaratian shall control. As between the Bylaws and any Rules and
Regulations, the Bylaws shall control.
17.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Declaration shal� be perpetuat, subject only to termination as
provided in this Declaration and the Act.
IN WiTNESS WHEREOF, the undersigned has execnted this instrument the day a �
year first set forth above.
O.C, D VEL
By
Its ie an er •-
STATE OF MINNESOTA }
) ss. •
COUNTY OF alirt }
� T'he foregoing instrument was acknowledged before rne t�:is��day of �v '
�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Developrnent LLC, a Mmnesota
limited liability company,on behalf of said]imited liability company.
A � t
No ublic
TH1S 1NSTRUMENT'WAS DRAFTED BY:
Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON & VOGT,P.A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SCOTTLKRYNSKI .
(612) 373-8418 NOTnRYPueuC-�aumESOTA
,�:•
MY W4DASSfON fJ(P�EiES JAH.31�2910
MPLS-Word 95281.1 l �8
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' CONiMON INTEREST COMMUNITY NO. 1578 �
' Condominium �
I STQNEBAY OF ORONO CONDOMINIUM I
, , E�C:-�IBtTA'I'�LE�L����ON �
UNDERLYING LEGAL �DESCRIPTION OF THE PROPERTY
Lot 1,Block l, Stonebay Second Addition, Hennepin County,Minnesota. �
�
M PLS-Word 45�s�.�� 39
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COMMON INTEREST COMMUNITY NO.NO. 1578 ' �
Condomenium
. STONEBAY OF ORONO CONDOMINIUM
EXHIBIT B TO DECLARA'�'l�N
SCHEDU�LE QF IJNITS,AND ALLOCATION OF��MNlON EXDENSES.�.1`1D
UNDIYIDED INTERESTS IN THE COMMON ELEMENTS
Allocation oi Cornmon Expenses and
Unit Identifier Undivided Interests in the Commfln Elements
i
101 1/57
102 1/57
103 1/57 �
104 I/57
1 OS 1/S7
lOb l/57 '
107 1/57
108 1/57
109 1/57
110 1/57
11 I 1/57
1 I2 1/57
113 1/57
� 114 1/57
l 15 1/57
11b 1/57
117 1/57
118 1/57
201 � 1/57 '
202 1/57 .
203 1/57
�04 1/57
205 � 1/57
�d6 1/57
2�� 1 157
208 1/57
209 1/57
2 i 0 1157
211 U57
212 ]/57
MPLS-Word 95281.1 l 40 -
i �-� .. i - . , � � � � - . .
' .,, .. . . ,, _ , . .
I� I
Allocation of Common Expenses and "
Unit Identifier Undivided Interests in the Common Elements �
213 l/57
�14 l/57 �
;215 1/57 -
2Ib 1/57
217 ' 1/5% . I
218 1/57 i
i219 1/57 ,
�?Q I/57 ' i
301 1/57
302 1/57
!303 �/57 '
�fl4 l/S7
305 1/57
�6 1/57
�07 i
1/57
308 1/57
309 l/57
��a . iis7
311 1I57
312 Il57
3l3 1/57
$t4 1/57
315 1/57
316 ' 1/57
�» � l/57
�18 1/57
319 1/57 �
TOTAL: 57/57(100%)
i
MPLS-Word 952,81.I I 41
�I • I .
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i .
COMMON tN7'L+'RES'I'COiV1A1UN1'1'X NO.NO. 1578
Condi�minium �
STONEfiAY Or ORONC�C�NllOA�l.IVIUM
CONS�N'f BY 1V[�R'7'GAUN� , -
The undersigned (the "Mortgagee") is a si�ortgag�c of portions of'tl�� real property
described in the attached Declaration of Stonebay of Orono Condo�niniwn (the "Declarati.on").
Mortgagee hereby consents to ihis Deelaralion; provided, that by consenting to the De�laration,
(i) Moctgagee does.not in any manner constitute itsel(�or obligate itself as a Declarant as defi��ed
in the Declaration, (ii) such consent does not modify or amend the tei-�ns and conditions of ihe
Mortgagee's tnortgage and related Ioaii documents, and (iii} such Fnortbage sl��ll rcmain as a lien
on the property described therein,prior to any liens imposed under the Declaratioii,lmtil released
or satisfied. '
I1�(W(TNESS WHERE F, the Mortgagee has caused this Conseni to bc executed on
the U�= day of s�, , 2007. �
MA1NS7'RE�'1' 13f1�VK
. rB
t��
STATE OF MINNESOTA )
� ) ss. .
COUNTY OF��� � )
� The foregoing instrument was ack.now}edged beFore me this .1 e� day oF .
P�n�S o¢r,2007, b Y ��y.,i?�r,�_ �_, thc_$��:o r U i�P o f
Mainstreet Bank,a Minnesota bank co r poration,on bclialf of said entit y. Pi�r,��_
� ' '
=Notary Ptib]ic .
TH]S 1NSTRUMENT WAS DRAFTED BY: �
Fredrick IZ. Krietzman, Esq. �
FELHA$ER, LA`�ZSON, FENLON &VOG"�', P.A. SCOTTLKRYNSIQ
220 South Sixth,Suite 2200 NOTARYPUBlIC-MMNESOTA
. NY COMMISSION EXPlRES JAN.31,2410
Minneapolis, Minnesata 55402 ' .
(612)373-8413 •
.
Mrts-wo�a vszai.i r 42 .
„, ;: .. ..
I , � .
G
COMMON INTEREST COMMUNITY NO.NO. 1578 �
� , Condominium .
' � STONEBAY OF ORONO CONDOMINIUM
' CONSEN'F BY MORTGAGEES ' •
The undersigned (the "IVlortgagees”) are mortgagees of por#ions of ine real prope y .
described in the attached 17eclaration of Stonebay of Qrono Condominium (the "Declaration'}.
Mortgagees hereby consent to this Dec]aration; provided, that by consenting to the Declaratio ,
(i) Mortgagees do not in any manner constitute themselves or obligate themselves as Declaran s
as defined in the Declaration, (ii) such consent does not modify or amend the terms a d
conditions of the Mortgagees' mortgage and related ]oan documents, and (iii) such mortga e
shall remain as a lien �n the property described therein, prior to any liens imposed under e
Declaration,until released or satisfied.
IN WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed n
the�day of I��-c�-c.c.s �" 2007.
,
, �� • .-- �,
� , Dave 1
' � I
Ra dy Koch !,
STATE OF MINNESOTA ) .
) ss.
COUNTY OF O�.� �4- )
The foregoing instrument was acknowledged before me this /�7 f� day f
1����.� s�' ,2007,by Dave Koch and Randy Koch,
••••�� ROBERTK6US9 /� " �� IZo bi�
�, NomrY Pu6iC � ` 7�' X- 4 S f'
�,�,ca,m,�,ter,s� 20�o Notary Public ,y. c o�-�-
y .»�rr� �^
-��.�,�� /l3i l �� �
THIS INSTRUMENT WAS DRAFTED BY:
Fredrick R' Krietzman,Esq.
FELHABE�R, LARSON, FENLON & VOGT, P.A.
220 South ixth, Suite 2200
Minneapol s,Minnesota 55402
(612) 373- 41$
, � �
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