HomeMy WebLinkAboutCondominium Declaration i
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Doc No 907755Q 12120/2007 08:07 AM
_ � Certified filed and or recorded on above date:
i Office of the County Recorder °
! Hennepin County, Minnesota
Michael H:Cunniff, County Recorder
I TranslD 363307 Deputy 26
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COMMON INTEREST COMMUNITY NO. 1578
Condominium �
STONEBAY OF ORONO CONDQMINIUM
' DECLARATIOIY
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' Thi Declaration is made in the county of '� , state of Minnesota, on thi$
��day f ' vtS� , 2007, by Q.C. Development LC, a Minnesota limited Iiabili '
company {he "Declarant"), pursuant to the provisions of Mini�esota Statutes Chapter 515$
known as 'the Minnesota Common Interest Ownership Act (the "Act"), for ttte purpose o
creating Stonebay of Orono Condominium as a condominium under the Act.
� WF�EREAS, Declarant is the ownerofcertain real property located in Hennepin Caunty
Minnesota, legally described in Exhibit A attached hereto, and Declarant desires to submit sai
real property and all improvements 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, artd operated for the use, health, sa#'ety, an
welfare of the Owners and Occupants, and for the purpose of preserving the value,the structura
. quality, and the original architectural character of the Property,and
WIj1EREAS, 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 Sectian 5i5B.I-105 of the Ac#, governin
conversion�to common interest ownership; and(iii) does not include any shoreland as defined i
Minnesota'Statutes Section 103F.205. j
T EREFORE, Declarant subjecis the Property to this Declaration under the nam
"Stonebay jof Orono Condominium," consisting of the Units referred to in Section 2, declarin
that this I?',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 farth herein, all of which shalt be binding upon all Persons owning or
acquiring any right, title, or interest therein, and their heirs, personal represen[atives, successors,
and assigns.
� � SECTION 1 �
� DEFIN1TdONS
The following words when used in the Governing Documents shali have the foilowing meanings
(unless the context indicates otherwise):
l.l "Act" means Minnesota Statutes Chapter 5•15B, known as the Minnesota
Common Interest Qwnership 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 317A and Section S15B.3-101 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 af the Property and
which contains ai least one Unit.
1.6 "Bvlaws" means the Bylaws governing the operation of the Association, as
amended from time to time.
� 1.7 "Citv„means the city of Orono, Minnesota.
I.8 "Common Elements" means all parts of the Property except the Units, including
all improvements thereon.
19 "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 Docaments.
1.10 "Condominium" means the condominium created by this Declaration and known
as Stonebay of Orono Condominium.
1.I 1 "Declarani 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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l.12� "Eli�ible Mort a��Qee„ means any Person which owns a first mortgage on a Uni4 ` :
I and which has requested in writing that the Association notify it regarding any�
proposed action which requires approval by a specified percentage of Eligib(d
- � Mortgagees. �
• I.131 "Governin� Documents" means this��eclaration, the Bylaws, and the Articies o
- ', Incorporation of the Association, as those dvcurnents may be amended from tim
to time,all of which shall govern the use and operation of the Property.
l.14 "Limited Common Elements"means a portion of the Common Elements allocate
by this Declaration or by operation of Section S 15B.2-102(d) or(fl of the Act fo
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 bein �
an Owner as defined in this Declaration. T'he words"Owner" and"Member"ma
be used interchangeably in the Governing Documents.
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I.16 "Occupant"means a Person,other than an Owner, in possession of,or residing in
a Unit. �
1.17i "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 ic�
I a life estate, and any other secured parties within the meaning of the Act. Th�
term "Owner" includes, without limitation, a contract for deed vendee, and �
holder of a life estate. I
I.18 "Person" means a natural individual, a corporation, a limited liability company,
partnership, a trustee,or other legal entity capable of holding title to real property.
1.19 "Plat" means one or more than one recorded plat depicting the Property pursuan
to the requirements af Section S I SB.2-110(c) of the Act, and satisfying th
requirements of Minnesota Statutes Chapter 505, 508, or 508A, as applicable
including any amended or suppfementat 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 or i
the future, including al] structures and improvements located thereon. Th
, Property is legally described in Exhi.bit A attached hereta
1.21', "Rules and Re�u3ations" means the Rules and Regulations of the Association a
' approved from time to time pursuant to Section 5.6. �
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12 "Unit" means a part of the Property within a Building other than the Commo
Elements, including one or more than one room or enclosed space designed an
intended for separate ownership and use, all as described in Section 2 and sho
I on the PEat.
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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 numbers in this Declaration shall
refer ta sections of this Declaration,unless otherwise indicated.
SECTION 2
dESCRIPTIflN OF UNITS, $OUNDARIES,AND RELATED EASEMENTS
2.1 Units. There are fifty-seven Units, subject to the right of Declarant to subdivide
and canvert Units pursuant to Section 16. AlI Units are restricted exclusively to residential use.
Each Unit constitutes a separate parcel af real estate. No portion of a Unit shall he transferred or
� otherwise conveyed apart from any other porti�ns of a Unit. Subject to Declarant's rights
pursuant to Section l6, no additional Units may be created by the subdivision or canversion 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 forth in Exhibit B attached hereta
2.2 Unit Boundaries. The boundaries of each Unit shall be the interior unfinished
surfaces of its perimeter walls, floors, and ceilings. Wallpaper, paneling, paint, ceiling texture,
� tiles, floor coverings, and other finishing materials adhered to the interior of the Unit boundaries
shall be a part of the Unit; provided, that any load bearing portions of any interior or perimeter
walls, columns, ceilings, or floors, and any common utiIity lines, pipes, ductwork, mechanical,
electrical, or plumbing systems, or other common facilities serving more than one Unit, but .
Iocated in or passing through a Unet, shall be Common Elements. The boundaries of each Unet
shall also extend along t�e inside unfinished surfaces of ihe Unik's perimeter doors and windows,
and their frames, and said Qerimeter 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 partitions, and other fixtures and improvements within the
boundaries of a Unit are a part of the Unit.
2.3 Apnurtenant Easements. The Units and the Common Elements shafl be subject to
and benefited by the easements described in Section 12. i
� SECTION 3 '
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COMMON EL�MENTS, LIM[TED COMMOiV ELEMENTS,
AND OTNER PROPERTY
3.1 Common Elements. The Common Elements, and their characteristics are as
. follows:
3.t.1 Alt of the Property not included within [he 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 rights of Owners and Occupants in Limited Common
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Elements appurtenant to their respective Units; and {iii) the right of the Association t . �
estalplish reasonable Rules and Regulations governing the vse of the Property; �
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� 3.l.3 Except as otherwise expressly provided in the Governing Documents, (i
no itnprovement, modification, construction, or change of the Common EIements shal
. take place by an Owner or Occupant without prior written authorization by the Board an
(ii)al! maint�nance,regair, replacement,improvement,management, and operation of th
Corr�mon Elements sha1E be the responsibiliry of the Association;and
3.t.4 Common Expenses far the maintenance, repair, replacement
management, and operation of the Common Elements shall be assessed and collecte
frorii�he Owners in accordance with Section 6.
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3.2 Limited Common Elements. The Limited Common Elements are those parts o !
the Commo Elements reserved for the exclusive use of the Owners and Occupants of the Unit
to which th y are allocated, as described in this Declaration and ihe Act. The rights to the us
and en}o ent of the Limited Common Elements are automatically conveyed with th .
conveyance' of such Units. The Limited Common Elements are described and allocated to th
Units as follows:
� 3.2.1 T'hose items or areas designated as Limited Common Elements on the Pla
or b khe Act are allocated as indicated therein.
3_2.2 lmprovements, if any, such as decks, patios, porches, balconies, shutters
awnings, perimeter windows and doors, window screens, window boxes, s)eeves an
fittings 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
� 7.1 Q, located wholly or partially outside the Unit boundaries,are allocated exclusively t
the �Jnit or Units which they serve.
3_2.3 Chutes, flues, chimneys, ducts, pipes, wires, conduits or other utilit
inst�ilations, bearin� walls, bearing columns, or any other components or fixtures lyin '
partoally within and partially outside the boundaries of a Unit, and serving only that Unit,
. are ' Ilocated to the Unit which they serve. Any portion of such installations serving o
affe ting the function of more than one Unit or any portion of the Common Elements is
part of the Common Elements,but is not a Limited Common Eiement. '
3.2.4 Heating, ventilating, or air conditioning equipment serving one or more
than one Unit, and located wholly or partially outside the boundaries of one or more than
one Unit, are Limited Comman Elements allocated to each Unit served by such
equ�pment.
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� SECTION 4 °
ASSOCIATION MEMBERSHIP: RIGHTS AND C}BLICATIONS
Membership in the Association, and the allocation to each Unit of a portion of the votes
in t�e Association,a.portion of the Common Expenses, and a portion of the undivided interests
in tne Common Elements, snall be governed by the foilowing proyisions:
4.l Membership. Each Owner shali be a Member solely by reason of owning a Unit,
and the membership shall be transferred with the conveyance of the Owner's interest in the Unit.
An Owner's membership shall terminate when the Owner's ownership terminates. When more
than one Person is an Owner of a Unit,a11 such Persons shall be members of the Association,but . '
multiple ownership of a Unit shall not increase the voting rights allocated to�such Unit nor '
authorize the division of the voting rights. � '
4.2 Allocation of Votin� Ri�hts, Common Expenses, and Undivided Interests. '
Common �xpense obligations and undivided interests in the Common Elements are allocated ;
equally among the Units, subject to the Association's right to levy timited Assessments under
Sections 6.4. Each Unit shall have one vote with respect to matters in which the Owners are
entitled to vote.
. 4.3 Appurtenant RiQhts and Oblir�ations. The ownership of a Unit shal} 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 apocated interest in a Unit,
separate from Ehe titie to the Unit shal] be void. The allocation of the rights and obiigations
described in this Section may not be changed, escept in accordance with the Governing
Documents and the Act.
4.4 Authoritv to Vote. The Owner,or some natural Person designated ta act as proxy !
on behalf of the Owner, and who need not be an Owner, may cast the vote allocated to such Unit
at meetings of the Association. However, if there.are multiple Owners of a Unit,only the Owner
or other Persan designated pursuant to the provisions of the Bylaws may cast such vote. The
voting rights of Owners are more fully described in Section 3 of the 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 govemed by the following provisions:
S.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, snbject to the rights of the Owners set forth in the Goveming Documents and
the Act, be responsible for the operation, management, and control of the Property. The
Association shall have all powers described in the Governing Documents,the Act and the statute
- under which the Associatian is incorporated. All power and authority of the Association shal) be
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' vested in the Board, un]ess action or approval by tt�e individual Owners is specifically required � '
by the Gov�ming Documents or the Act. All references to the Association shall mean the
Association cting througli the Board,unless specificatly stated to the contrary.
5.2 Operational Purposes. The Association shall operate and manage the Property for
the purposes of(i) administering and enforcing the covenants, restrictions, easements, charges,
and liens'se� forth in the Governing Documents and t�e Rules and Regulations, (ii) mainta;ning,
repairing, ahd replacing those portions of the Pcoperty and ather property for w�ich it is
responsible, and(iii) greservin� the value, and the axchitectural uniformity and character, of the
Property_ � �
5.3 '' Bindin� Effect of Actions. All agreements and deterrninations made by the
Association in accordance with the powers and voting rights established by the Goverr►ing
Documents or the Act shall be binding upon all Owners and Occupants,and their lessees, guests,
heirs, perso�al representatives, successars, and assigns, and all secured parties as defined in the
Act.
5.4 Bylaws. The Association shall have Bylaws. The Bylaws shall govern the
operation a�d administration of the Association, and shail be binding on all Owners and
Occupants.
5.5 Mana�emeni. The Board may delegate to a manager or managing agent the
managernenk duties imposed upon the Association's officers and directors by the Governing
Documents �and the Act. However,such delegation shall not relieve the officers and directors of
the ultimate responsibility for the performance of their duties as prescribed by the Governing
Documents�nd by law.
5.6 I Rules and Regulations. The Board shall have exclusive authority to approve and
implement such reasonable Rules and Regulations as it deems necessary from time to time for
the purpose,of operating and administering the affairs of the Association and regulating the use
of the Propierty; provided, that the Rules and Re�ulations shall not be inconsistent with the
Governing �}ocuments or the Act. The inclusion in other parts of the Governing Document� of
authority to approve Rules and Regulations shall be deemed to be in fuRherance, and not in
limitation,of the authority granted by this Sectian. New or amended Rules and Regulations shall
be effective ionly after reasonable notice thereof has been given ta the Owners.
5.7 ' Association Assets; Surplus Funds. All funds and real or personal property
acquired by the Association shatl he held and used for the benefit of the Owners for the purposes
� stated in th� Goveming Documents. Surplus funds remaining after payment of or provision for
Common xpenses and reserves shall be credited against future Assessments or added to'
reserves, as determined by the Board.
5.8 i Resale Disclosure Certi�cates. Pursuant to Section S 15B.4-107 of the Act, in the
event of a resate of a Unit by an Owner other than Declarant, that Owner shall furnish to.the
purchaser a resale disclosure certificate containing the information required by Section S 15B.4-
107(b} of the Act. Pursuant to Section S15B.4-107(d) of the Act, the Association sha13, within
ten days (o� within such other relevant timeframe set forth in the Act) after a request by an
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. Owner or the Owner's authorized representative, furnish the resale disclosure certificate. The _
Association may charge a reasonable fee far furnishing the resale disclosure certificate and any
documents related thereto.
SECTION 6
r�SSESSMEN'1'S
6.1 General. Assessments shall be determined and assessed against the Units by the •
� Board, in its discretion, subject to the requirements and procedures set forth in this Section b and
the Bylaws. Assessments shall include annual Assessments under Section 6.2, and may include
special Assessments under Section b3 and limited Assessments under Section 6.4. Annual and
special Assessments shall be allocated among the Units in accordance with the allocation
formula set forth in Section 4.2. Limited Assessments under Section 6.4 shall be allocated to i
Units as set forth in that Section.
6.2 Annual Assessments. Annual Assessments shall be established and levied by the
Board, subject to the limitations set forth hereafter. Each annual Assessment shall cover all of
the anticipated Common Expenses of the Association far that year which are to be shared equally
. by all Units in accordance with the allocation 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 shal! pay all Common
Expenses.
6.3 Snecial Assessrnents. In addition to annual Assessments, and subject to the •
limitations set forth hereafter, the Board may levy in any Assessment year a special Assessment
against all Units in accordance with the allocation set forth in Section 4.2. Among other things,
special Assessments shall be used for the putpose of defraying in whole or in part (i) the cost of
any unforeseen and unbudgeted Common Expense, {ii) general or specific reserves for
maintenance, repair, or replacement of any part of the Praperty,and (iii) the maintenance, repair, , i
or replacement of any part of the Property,and any fixtures or other property related thereto.
6.4 Limited Assessments_ [n addition to annual Assessments and special
Assessments,the Board has the authoriry 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.i Any Common Expense associated with the mainienance, repair, or
replacement of a Limited Common Element shall be assessed exclusively against each
Unit or Units to which that Limited Co►nmon Element is assigned, equally or by the cost
per Unit.
6.4_Z Any Cammon Expense benefiting fewer than al] of the Units, may, at the
Board's discretion,be assessed exclusive]y against the Unit or Units benefited. -
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6.4.3 In addition to annual Assessments and special Assessments,the Board has •
the authority to (and, in certain instances set forth in this Section 6.4, shall) levy and
' allocate iimited Assessments among only certain Units in accordance with the following
requirements and procedures.
. 6.4.4 The �asts of insurance may be assessed in proportion of the square footage
or actuat cost�er Unit.
� b.4,5 Reasonable attorneys' fees and other costs incurred by the r�ssociation in
I connection with (i) the callection of Assessments and (ii) the enforcement of the
Governing Documents, ihe Act, or the Rules and Regulations, against an �wner or
Occupant or their tenants or guests,may be assessed against the Owner's Unit.
6.4.6 Late charges, fines, and interest may be assessed as provided in
Section 14.
6.4.7 Assessments levied under Section S 15B.3-11 b(a) of the Act to pay a
judgment against the Association may be levied only against the Units existing at the
time the judgment was entered, in proportion to their Common Expense liabilities.
6,4.8 If any damage to the.Common Elements or another Unit is caused by the
act or omission of any Owner or Occupant, or their guests•or envitees, the Association
� may assess the costs of repairing the damage, or any increase in insurance rates directl
attributable to the Act or omission,exclusively against the Owner's Unit to the extent that
- the damage is not covered by insurance.
6.4.9 If Common Expense liabilities are reallocated for any purpose authorize
by the Acf, 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.] Ehrough 6.4.8 may, at the Board's discretion, b
assessed as a part of,or in addition to, other Assessments levied under Section 6.1 or 6.2: �
� 6.5 Workin� Ca�ital Fund. There shall be established a working capital fund to mee • �
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unforeseen expenditures or to purchase additionat equipment or services for the Association �
The Board may include in each subsequent annual budget a reasonable amount of workin
capital,hased upon the anticipated needs of the Association for the year in question, There shal
be contributed by the purchaser of a Unit, on a one-time basis upon the initial sale of each Uni
by Declarar�t, an amount equal to four monthly installments of the estimated annua} 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 Control Period. Th
contributions to this fund are in addition to che regular installments of annual Assessments, an
shal! not be 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 terrnination of the Declarant Control Period. Funds deposited in said account shall not b
used to defray any of Declarant's expenses, reserve cantributions or construction costs, nor t
make up any budget deficits during the Declarant Control Period. However, upon the closing o
the initial sa3e of a Unit, Declarant may reimburse itself from funds coilected from the purchase
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- at the closing for any prior contributions made by Declarant to the working capita! 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 later of (i) the time at which the Owner
� acquires title to th� Unit or(ii) the due date of the first Assessment levied against the Unit by the
Board. The Owner at the time an Assessment is payable with respect to the Unit shalI be
personally Iiable for the share of the Common Expenses assessed against such Unit. Such
liability shall he joint and several where there are multiple Owners of ttte Unit. The liability is
absolute and unconditional. No Owner is exempt from liabiIity 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 tl�e Unit, by the waiver of any other rights, or by reason of any claim against
Declarant,the Association, or the Association's officers, directors, or agents, or far their failure
to fulfill any duties under the Governing Documents or the Act. �'.
6.7 Declarant's Alternative Assessment Pro r�. The following altemative
Assessment program is established pursuant to Section SISB.3-1 l5(a)of the Act.
6.7.1 Notwithstanding anything to the contrary in the Governing Documents, if
an Assessment has been,levied, Declarant may e]ect 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.
6.7.2 The provisions of Section 6.7.1 sha11 not affect the�share of replacement
reserves for Units owned by Declarant, which reserves must be funded by Declarant as
. required by Section S15B.3-1 ES of the Act. However, there are no assurances that
Declarant's reduced Assessment obligations will not affect the leve( of services for other
items set forth in the Association's budget.
6.?_3 Declarant's reduced assessment obligation shal) apply to each Unit owned
by Declarant at the time that any Assessment is levied against the Unit, and shall
terminate with respect to each such Unit upon the issnance of a final certificate of
occupancy or comparable City approval 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 Assaciation has a lien an a Unit for any Assessment levied
against that Unit from the time the Assessment becomes due. If an Assessment is payable in
installments, the full amount of the Assessment is a lien from the rime the first installment
thereof becomes due. Fees, charges, late charges, fines, and interest charges imposed by the
Association pursuant to Section S15B.3-102(a){10), (11), 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 vnder this Section 6, and no further recordation of any
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notice of orl claim for the lien is required. The release of the lien shall not release the Owne _
from personai liability unless agreed to in writing by the Association.
6.9 Foreclosure of Lien: Rerr►edies. A lien for Assessments may be foreclose
against a Unit under the taws of the state of Minnesota(i)by action,or(ii) by advertisement in
like manner as a mort�age containing a power of sale. The Association, or its authorize
;epresentati'{'e, shall have the pew�r to bid 'zn at the fore�losure sale and to acquire, hoId, lease
mortga�e, ah�d canvey any Unit sa acquired. The Owner and any other Person claiming a
interest in the Unit, by the acceptance or assertion of any inte:est in the Unit, grants to tiz
Association a power of sale and full authority to accompiish the foreciosure. The Assaciatio
� shall, in adc�ition to its other remedies, have the right to pursue any other remedy at law or i
equity aga�nst 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 an
encumbranc s on a Unit except(i) liens and encumbrances recorded before this Declaration, (ii
any first m�rtgage on the Unit, and (iii) liens for real estate taxes and other governmenta �
Assessments or charges against ihe Unit. Notwithstanding the foregoing, if(i) a first mortgag
on a Unit is foreclosed, (ii) the first mortgage was recorded on or after the date of recording o
this Declara�on, and (iii) the Owner of the Unit does not redeem from the foreclosure during th
� Owner's pe�iod of redemption provided by Minnesota Statutes Chapter 580, 581, or 582, the
! the holder of the sherifPs certificate of sale from the foreclosure of the first mortgage sha}1 tak �
title ta the Unit subject ro a lien in favor of the Association for unpaid Assessments o
instaliments�thereof levied pursuant to Sections S15B.3-i 15(a), {e)(1) to (3}, (fl, and (i) of th
Act wfiich ecame due, without acceleration, during the six months immediately preceding th �
first day following the end of the Owner's period of redernption.
6.13 i Real Estate Taxes and Assessments, Real estate taxes, special assessments, an
other charg�s and fees which would normally be tevied against the Common Eiements b
governmental authorities, shall be allocated equally among and levied against the Units, an
shall be a li�n against each Unit in the same manner as a lien for real estate taxes and real estat
special asse�sments levied against the Unit alone.
6.12 Voluntarv Convevances; Statement of Assessments. In a voluntary conveyanc
of a Unit the buyer shall not be personally liable for any unpaid Assessments and other charge �
made by th� Association against the seller or the seller's Unit prior to the tirne of conveyance t
� the buyer, unless expressly assumed by the buyer. However, the lien of such Assessments shal
remain.against the Unit until released. Any seller or buyer shall be entitled to a statement, i
recordable form, from the Association setting forEh the amount of the unpaid Assessmen
against the IUnit, including all Assessments payabie in the Association's current fiscal year
which statement shali be binding on the Association, the seller,and the buyer.
SECTION 7
I! RESTRICTIONS ON USE OF PROPERTY
All Owners and Occupants, and ail secured parties, by their acceptance or assertion of a
interest in tt�e Property, or by their occupancy of a Unit, covenant and agree that, in addition to
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any other restrictions which may be imposed by the Act or the Governing Documents, the '
occupancy, use, operation, alienation, and conveyance of the Property shall be subject to the
following restrictions and conditions:
7.1 General. The Property shail be owned, conveyed, encumbered, leased, used, and
occupiPd subject te the Gove!�ing Documents and the Act, as a.mended fram time t� time. Al? �
covenants, restrictions, and ob-iigatians set forth in the Governing 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 al] 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 family residential dwellings, and not for tra.nsient, hotel,
commercial, business,or other non-residential purposes, except as provided in Section 7.4. Any
lease of a Unit (except for occupancy by guests with the consent of the Owner, and except for
leasing of Units owed by Declarant) for a period of less than twelve months 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 cortducted, maintained, or permitted in .
any Unit or the Common Elements,except:
7.4.1 An Owr�er 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) j
does not involve physical alteration or improvement of the Unit visible from the exterior
of the Unit; (iii) is in campliance with all govemmentai 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, independen[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.
7.42 Declarant may maintain offtces,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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7S Leasin . Leasing of Units shall be allowed (subject to reasonable regu3ation by � '
the Associa ion) but only in accordance with the following conditions: (i) no Unit may be
subleased, (�i) a Unit must be ieased in its entirety (not by room), (iii) the lease shatl be in
writing, (iv)''unless otherwise required in conneetion with the financing,guarantee,or insuring of
a Unit mortgage, and except for leasing of Units owned by Declarant, no lease shall be for a
' period iess�han twelve months, except for extenuating situat;or,s,�{v) ths Iease shatl pravide that
it is subject to the Governing Documents, the Rules and Regulations, and the Act, and that any
failure of th�e lessee to comply with the terms of such documents shall be a default under the
lease, and (�i) prior to occupancy of the Unit by the lessee(s), the Association shall receive a
copy of the �ully-signed lease along with a written]ist of the name and telephone number of each
Person who will occupy the Unit under the lease,and the absentee address of the leasing Owner.
The �lssociation may impose such reasonable Rules and Regulations as may be necessary to '
implement procedures for the leasing of Units, consistent with this Section and applicable law,
including but not limited to(i)a requirement for a form addendum to be attached to each lease to
assure that e rights and authority of the Association and Owners and Occupants are recognized,
and (ii) a r�quire�nent for the screening of lessees through a reputable, professional screening
organizat3on; provided,that such screening shall not violake federal, state, or local discrimination
taws.
7.b_ DeleQation of Use. An Owner's right of use and enjoyment of the Unit shall be
automatically delegated to other persons living in the Unit pursuant to a legal right of possession;
provided, t at such persons shall be subject to the Governing Documents and the Rules and
Regulations� Unless otherwise authorized in writing by the Board, if persons other than th
Owner or tB�e Owner's family (e.g., lessees) have been given the legal right to possess th
Owner's Ur�it, then those persons shall have the right to use any recreationat faciIities, parking,
storage, and other amenities available by reason of.occupancy of the Unit in lieu of the Owne
and the Owner's famiiy.
' 7.7 I Parkin . There are ninety-five Common Element vehicle garage statl �
(collectivel� the "Stalls," and individually a "Stall") in the lower ievel of the Building. Th
Stalls and ather parking spaces on the Property shall be used only for parking of vehicles owne
or leased by Owners and Occupants, and such other incidental uses as may be authorized i
writing by the Association. A Stall shall not be converted to other uses or used for storage o
other purposes which would prevent the parking of a mid-size automobi3e in the Stall, except a �
authorized in writing by the Association. The use of the Stalls, other parking spaces, an �
driveways �n the Property, and the types of vehicles and p�rsonal property permitted thereon
shall be subject to regulation by the Association, including, but nat limited to, the right of th
Association to tow illegally parked vehicles or to remove unauthorized personal property.
� 7.8 Stalls. The Stalls shall be assigned ta various Units; and the operation an
transfer of the Stalls shal! be administered, in accordance with this Section 7.8. The followin
conditions �nd restrictions shall govern the assignment, use,and transfer of the Stalls.
7.8.I The initial assigmnent of a Stall to a Unit shall be made by the Associatio
as directed by Declarant at the time of the first conveyance of the Unit by Declarant
Upon the closing of the initial sale of a Unit, the Association shall, as directed b
Declarant,assign to the Unit the exclusive right and license to use at least one Staii. Eac
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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 Declarant 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 assignment hy the Association to Owners or Occupants, as determined by the
Rcard. Tre Association m2y, after Declarant no lan�er awns any Un=,t, rent or otherwise
assign any unassigned Stalls to Owners or Occupants. -
7.8.2 The use rights with respect to each Stall shall be deem�d to be licensed
exclusi�ely to the Owner of the Unit to which the Sta11 is assigned. The Association shal]
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 Stall assi�ned to a Unit, except for handicapped Stall
assignments which may be unilaterally transferred by the Association to accommodate
legally handicapped persons.
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7.8.3 A Sta11 sha]( remain with the Unit to which is it assigned until ihe license
is transferred in accordance with this Section 7.8.3. Subject to Section 7.8.2, a Stall
license may be transferred to another Unit, but only by first delivering to the Association
(i) a written transfer certificate, rn a form approved by the Association, signed by the
transferor. and the transferee, and {ii) all prior Garage Certificates and copies thereof
, issued with respect to the Statl. 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 this Section 7.8. ln the absence of a properly executed assignment to
the contrary, the license to use a Stall assigned to a Unit at the cime of the Unit's �
conveyance shail be automatically assigned with the conveyance of title to the Unit.
7.8.4 An Owner may rent or allow the use of the Stall assigned to his or her Unit �
only to or by other Owners and Occupants. The lease or other use right shall be in
� written forrn, 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 ]ease or use agreement
with respect to the StaI� assigned to that Owner's Unit,and shall promptly provide a copy
of the lease or use agreement to the Association. The Association may hold,reassign the
license for, or rent, a Stall assigned to it in the same manner as an Owner, except for the
� Stalls reserved for use by Owners.
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7.8.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Stalt 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 shalt be void:
7.8.7 The use of the Stails, and the size and types of cars and other motorize
vehicles which may be kept in a Stall, are subject to Rules and Regulations as approve
. f�m time t�time by the Board. -
7.9 II'' Stara�e Spaces. There are ninety Common Element storage spaces locate3 in th
lewer levei of the Building (collectively the "Storage Spaces," and individually a "Storag
Space"). The assignment of the Storage Spaces, and the operation and transfer of the Storag �
Spaces, sha�l be administered in accordance with this Section 7.9. The follawing conditions an
restrictions 5ha11 govern the assignment,use,and transfer of the Storage Spaces_
� 7.9.1 The initial assignment of a Storage Space to a Unit shall be made by th
Ass�ciation as directed by Deciarant at tt�e time of the first conveyance of the Unit b ;
Dec arant, Upon the closing of the initial sale of a Unit,the Association shall, as directe
by Declarant, assign to the Unit the exclusive right and license to use at least one Storag
Space. Each Storage Space assigned by the Association shall be deemed to be license
and�ssigned by the Association to the Unit to which it is assigned. After all Units owne
by Declarant have been conveyed, any unassigned Storage Spaces shall be deemed to
assigned to the Association. The Association may, after Declarant no longer owns an
Unit,rent or otherwise assign any unassigned Storage Spaces to Owners or Occupants.
7.9.2 The use rights with respect to each Storage Space shall be deemed to b
licensed exclusively to the Owner of the Unit to which the Storage Space is assigned
The;Association shall mainta�n records identifying the Storage Spaces, the Units to whic
theylare assigned,the names of the Owners of the Units, and the dates of assignment an
_any 'reassignments. A written certificate of Storage Space assignment {the "Storag
Certificate") shall be signed and dated on behalf of the Association and made availabl
far delivery on the date the Owner acquires title to the Unit ta which the Storage Space i
assi�ned; provided, that the Owner has been assigned a Storage Space. The Associatio i
sha14''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 assigned '
untilj the license is transferred in accordance with this Section 7.9.3. Subject to Section
7.9.2, a Storage Space may be transferred to another Unit, but onEy by first delivering to�
the Association (i) a written transfer ceRificate, in a form approved by the Association,
signed by the transferor and transferee, and (ii) all prior Storage Certificates and copies
ther�of, issued with respect to the Storage Space. The Association shall review the
proposed transfer for compliance with this Section 7.9 and, if the transfer complies, the
Association shall transfer the license on its records to the Unit owned by the transferee
and issue a new Storage Certificate to the transferee. The license to use the Storage
Spac� shall remain with the Owner and Unit to which it is transferred until the license is
trans erred in accordance with this Section 7.9. In the absence of a properly executed
assignment to the contrary, the license to use a Storage Space assigned to a Unit at the
time,of the Unit's conveyance shall be automatically assigned with the conveyance o
title�o 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 shalt
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 respe�t to the Storage Space assigned ta that Owner's� Unit, and shafl psomptly
provide a copy of the lease or usz 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 Owner, except for the Storage Spaces reserved for use by Owners. ,
7.9.5 The interest of a secured party holding a first lien or other security interest
on a Unit shall include the license to any Storage Space which is assigned to the Unit,and
said rights shall be included within the secured party's interest acquired in the even# of a
foreclosure of the lien or other security interest.
7.9.6 Any license, ]ease, rental, assignment, transfer, or purparted 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
Stora�e Spaces, are subject to Ruies and Regulations as approved from time to time by
the Board.
7_10 Animals. The Board shall have the exclusive authoriry to regulate or prohibit, by �
' the Rule and Regulations, the keeping of animals an the Property; provided, that the Board may �
only permit dogs (except Rottweillers, Pitbulls, or poberman Pinschers), cats, small birds, small
fish, and other animals generally recognized as domestic household pets (collectively referred to
as"pets")to be kept on the Property,subject to the conditions set forth in this Section.
7.10.1 Rules and Regulations may be adopted by the Association to regulate or
prohibit pets on the Property, including, but not limited to, the type, size, and number of
pets allowed to be kept in a Unit; provided, that such Rules and Regulations are not
inconsistent with the Governing Documents.
7.10.2 Pets shall be kept solely as common domestic household pets, or as
statutorily authorized "service animals" by handicapped persons, and not for any other
purpose. No animal of any [cind shall be raised or bred, or kept far business or
commercial purposes, by any Person upon any part of the Property.
7.10.3 Pets shal{ not be allowed to make an unreasonahle amount of noise, or to
became a nuisance or a threat to the safety of Owners,Occupants,and their guests.
' 7.1Q.4 Pets shall be housed only withiri Units, and not within the Common
Elements_ No structure, fence, or enclosure for the care, housing, or confinement of any
pet shall be constructed or maintained on any part of the Common Elements or in any
part of a Unit that affects or may affect another Unit or the Common Elements.
7.10_5 Pets shall be under control of an adult individual at all times when outside
of the Unit.
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� I 7.10.6 Owners and Occu ants kee in ets within their Units are re -
P P g p spans�ble fo
' the pet's behavior and for complying with municipal pet taws,, ordinances, an
� regi�3ations. An Owner is liable to the Association for the cost of repair of any damage t
the�Property,or the damages and expenses associated with any personaf injury,caused b �
• an animal (i) kept by that Owner on the Property, (ii) kept on the Property by a . �
Occupant of that Owner's Uniz,or(iii)brought upon the Properiy by a guest or invitee o � .
tha�Owner or that Occupant. The owner of that animal {ii not that Owner)shali also b
liab�le forsuch costs,damages,and expenses.
7.i 0.7 The Board shaIl have authority to determine in its sole and absolut
disqretion whether a particular pet shall be permanently removed from the Property base
upoh the pet's behaviar or the failure of the pet's owner to comply with(i)this Section 7
(ii) applicable governmental restrictions, laws, or ordinances, or (iii) any additiona
restrictions approved by the Board; provided, that such removal shall be sabject t
Sec�ian 13.3.
7.10.8 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'
Uni�.
, 7.11 Quiet Eniovment; Interference Prohibited. Subject to Section 7.16, all Owner
' and Occupants and their guests shall have a right of quiet enjoyment in their respective Units
sabject to t e rights of other Owners and Occnpants to reasonable use of their respective Unit
and the usu�l and customary sounds generated thereby given the multi-family, apartment-styl
structure of the Building. Taking into consideration the nature of the Building siruchare, Owners
and Occupants and their guests shall use and occupy the Property in such a manner as will no •
cause a nu� ance or dis�urbance, nor unduly restrict, interfere with or impede the use and quiet
enjoyrnent�f the Property by other Owners and Occupants and their guests. .
7.12 Comnliance with Law. No use shall be made of the Property which would violate
any then e�yisting municipal codes or ordinances, or state or federal laws and regulations, nor
shall any a�t or use be permitted which could cause waste to the Properry, cause a material �
increase in insurance rates on the Property, or otherwise cause any unusual liability, health or 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 sale
of a Unit and except as otherwise pravided in Section 8, no alterations (as defined in Section 8)
shall be made, or caused or allowed to be made, in any part of the Common Elements, or in any
part of the IjJnit which affects the Cornmon Elements or another Unit, or which is visible from
the exterior�of the Unit, without the prior written authorization of the Board, or a committee'
appointed by ii, as provided in Section 8. No Owner or Qccupant shall (i) cause or permit any
physical cha�►ges to his or her Unit that could jeopardize or impair the weather-tight soundness or
safety of ihe�Building, or any Building system, or other improvement lacated on the Property; or
(ii) interfere with any easement affecting the Property.
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. 7.14 Time Shares Prohibited. The time share form of ownership, or any comparable •
form of lease, 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 imrnediate and
mater�al threat to the Property 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 any time, by an officer or
member of the Board, by the Association's management agents, or by any public safety
personnei. Entry is alsa authori2ed for maintenance purposes under Sections 9 and 13, and for
enforcement purposes under Section 14.
� 7.16 Public Works Facilitv. The City's public works facility(the"Facility"}is located
directly to the west of the Property. The Facility is.used by the City for, amang other things, the
storage, rnaintenance, and repair of trucks, plaws, 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 ti�eir invitees � �
will be subject to the sighis,sounds, lights,and smells associated with the Facility.
7_l7 StoraQe. Subject to ihe provisions of Secti�n 7.9, persona! property may not be
stored, displayed, or �therwise 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 obstrvcted, 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 t�e installation of hard surface
floor coverinbs within their Unit without the prior written authorization of the Board, except for
the replacement of floor coverings of the same type as originally installed in the Unit by
Declarant; or (iv)cause or permit any physical changes to his or her Unit which coutd af�'ect or
damage the sound barriers or sound attenuation materials installed on or within the ceilings,�
floors,or walls of the Units without the prior written authorization of the Board.
SECTION 8 �
ARCHITECTURAL STANDARDS
8.1 Restrictions on Improvernents. One of the purposes of this Declaration is to
ensure that those parts af the Units which are visible from the exterior, as well as the Limited
Common Elements, he lcept architecturally attractive, and consistent in appearance, and
structurally sound. Therefore, except as set forth in Section 8.5, the foilowing restrictions and
requirements shall appty to alterations on the Property:
8.I_1 Except as expressly provided in this Section $, 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, buiiding '
addition, deck, patio,fence, wall, enclosure, window, exterior door,antenna or other typ
of sending or receiving apparatus, sign, flag, display, decoration, color change
shrubbery,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
rna�e, by any Owner or Occupant,'or their invitees, in any part of the Common Elements
ar in any part of the Unit which affects the Common Elements or another Unit, or whic
is visible from the exterior of the Unit, unless and until the plans and specification
showing the nature, kind, shape, height, calor, materiats, and ]ocations of the alteration
shall have been appro'ved in writing by the Board or a committee appoinied by it. I
addition, Dec(arant's written consent shall also be required for alteratians until Declaran
no longer owns a Unit for initial sate.
8.1.2 The Boasd may appoint, supervise, and disestablish an architectura
committee, and speci�cally delegate to it part or all of the functions which the Boar .
exercises under this Section 8, in which case the references to the Board shall refer to ih
architectural comrnittee where appropriate. The architectural committee shall be subjec
to the supervision of the Board. �
8.1.3 The Board shall establish the criteria for approval of alterations, whic
shall (i) adequately protect the Property, the Association, and the Owners and Occupants
: from liability and ]iens arising out of the proposed alterations or any construction activit
in connection therewith, and (ii) cornply with all governmental laws, codes, an
regulations. The criteria for approval of alterations shall include and require, at
minimum:
8.13_1 substantial uniformity of color, location, type, and design i
relation to existing structures and topography,
8.I.3.2 comparable or better quality of materials as used in existin
improvements on the Property, • ' �
8_13.3 ease of rnaintenance and repair, i
$.I3.4 adequate protection of the Property, the Association, the Owners
and the Occupants from liability and liens arising.out of the proposed alterations,
8.13.5 substantial preservation of other Owners' sight lines, if material
and
8.1.3.6 compliance with governmental laws,codes,and regulations.
8,1.4 The Board, or the appointed architectural committee if so authorized b
the Board, in iEs soie discretion, may impose standards for design, appearance, o
construction which are greater or more stringent than standards prescribed by th
Governing Documents, or by building, zoning, or other governmental laws, codes, o
. regulations; provided, that such standards shall be consistent with the architectura
character and use of the Property as planned and developed by Declarant. The Board, o
MPL$-Word 95281.1 I 1 g
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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 architectural styEe and uniformity, the quality and value of the Property, and I
(ii) t� protect ±he Associatian and the Owners from undue liabiliry arisir.g oui ef tha •
aiterations or any construction activity in connection therewith. -
8.i.5 Alterations may be made in comgliance with Section S I SB,2-11.3 of the
Act, and relocation of the boundaries of the Units may be made in compliance with
Section 51 SB.2-114 of the Act.
$.1.6 Approval of atterations that encroach minimally upon another Unit or the �
Common Elements or which essentially continue an existing encroachment created in the �
course of construction of the 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 Goveming Documents or the
Act. A fite of the resoiutions approving all alterations shall be maintained permanently
as a part of the Association's records.
8.2 Review Procedures. The following procedures shall govern requests for
alterations under this Section 8:
� 8.2.1 Detailed plans, 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 ofa Unit) at
least sixty days prior to the projected commencement of construction. No alterations
shall be commenced prior to approval.
8.2.2 The Baard(or the committee) and to Deciarant(as long as Declarant is the ;
owner of a Unit) shall give the Owner written notice of approval or disapproval. If the
Board (or the committee) and to Declarant (as long as Declarant is the owner of a Unit)
fails to approve or disapprove within sixty days after receipt of said plans and
specifications and atl other information requested by the Board (or the committee) and to
Deciarant (as lang 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. �
i .
8.2.3 If no request for approval is submitted, approva) shall be deemed to be
I denied.
8.3 Remedies for Violations. The Association may undertake any measures, legal or
administrative, to enforce compliance with this Section 8 and sha11 be entitled to recover from
the Owner causing or permitting the violation all attomeys' fees and costs of enforcement �
incurred by the Association, whether or not a legal action is started. Such attorneys' fees and
costs shall be a lien against each of the Owner's Units and he a pe:sonal obligation of the Owner.
In addition, the Association shail have the right to enter the Owner's Unit and to restore any part
MPLS-�Vord 9528t.1 I 20
, �
of the Buil ing or that Unit to the prior condition if any alterations were made in violation of thi� •
Section 8, nd the cost of such restoration shall be a personal obligation of the Owner and a lie�
against eac of the Owner's Units.
8.41�I Owner Resnonsibilitv/Indemnitv. An Owner who causes an alteration to b
made, regatdless af whether the alteration is approved by the Board,shall bc responsible for th
� construction work and any claims, damages, iosses, or liabilities arising ouY of the alteratio .
The Owner, and not the Association, is responsible for determining whether any alteration is i
violation of any restriction imposed by any governmenta] authority having jurisdiction over an
portion of the Property. The Owner shall hold harmless, indemnify,and defend the Associatio ,
and the Association's o�cers, directors, cornmittee rnembers, and management agents, from an
against any expenses, claims, damages, losses, or other liabilities, including without limitatio
attomeys' fees and casts of litigation, arising out of (i) any alteration which violates an
governmental Iaws, codes, ordinances, or regulations, (ii) the adequacy or inadequacy of th
specificatians or standards for construction of the alteration, and (iii) the construction of th
alteration.
8.5 ', Exemptions. The requirements set forth in this Section 8 (except Section 8.4
shall not ap,ply to the following:
I 8.5.1 Construction, reconstrucUon, or remodeling by Declarant in connectio
wit its sale of Units. �
i �
' 8.5.2 The installation of tile following antennas within a Unit or within '
Li ited Common Element, as permitted by applicable law: (i) one antenna one meter o
less�, in diameter for the purpose of receiving direct broadcast/satellite service or vide
programming services, or (ii) any antenna For receiving television broadcast signals
However, the Board or a committee appointed by it, may require that the antenna b
installed so as to minimize its visibility from the front of the Unit and otherwis
camouflage its appearance, uniess such requirements would violate applicable law. Th
Board shali have au#hority to impose further, reasonable related requirements cansisten
with law. The Owner or Occupant of the Unit shall perform and pay for the instaliation
maintenarice, and repair of the installation. . i
i
8.5.3 Alterations permitted by the Rules and Regulations.
SECTION 4
I MAINTENANCE
9.1 '� Maintenance by Association. Subject to Section 9.2,the Association shail provid
for all ma ntenance, repair, and replacement (collectively referred to as "maintenance" o
"maintain" of the Common Elements and the Limited Common Elements, in accordance withj
and subject ta,the following qualifications:
9.1.1 The cost of �naintenance of a Limited Common Element required to b
und rtaken by the Association shall be assessed against each Unit to which the Limite
Co on Element is allocated. The Association may assign to an Owner the obligatio
MPLS-Word 95Z�Sl.I I 21 .
i
' for routine maintenance of a Limited Common Element allocated to the Owner's Unit. °
However, if the Owner fails to adequately perform the maintenance, the Association may
enter the Limited Common Element and tt�e Unit, perforrn the maintenance, charge the
Owner for the cost of the maintenance, and assess the Owner's Unit for such cost. The
Association shall have an easement on, over, and through that Unit and the Limited
�ommon Element for purpeses of pP�QZII1IP.b SSI�m�intenance. �
9.1.2 The Association shall be rrsponsible for incidental damage caused to a
Unit or its Limited Common Elements by work undertaken by the Association pursuant
to this Section. �
9.[.3 [f damage to the Common Elements, the Limited Comrnon Elements, or
other Units, is caused by an Owner or such Owner's occupants, guests, or invitees, or by
any condition in the Unit or Limited Common Elements which the Owner or 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_ "Che Association shail have an easement on, over, and through that Unit
and the Limited Common Elements for the purposes of performing said repair or
correction.
9_l.4 Notwithstanding the assignir�ent 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 lying within the Common Elements_
9.2 Oationa] Maintenance bv Association. In addition to the maintenance described
in Section 9.] 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 ballot, undertalce 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 annua] Assessments or, if necessary, special
Assessments, untess otherwise provided in this Section 9. Notwithstanding the foregoing, the
Association reserves the right to levy and allocate the co'st of any maintenance performed under
this Section 9 to one or more than one Unit, pursuant to Section 6.4.
9.4 Owner Respansibility. The Owner shall, at the Owner's expense, be responsible
for maintenance, repair, and repiacement as follows: .
MPIS-Word 95231.1 I 22
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9.4.1 To rrzaintain all portions of the Owner's Unit in good, clean, and sanit •
con ition, and to maintain the Limited Common EIements allocated to the Owner's Un t
to t e extent assigned to the Owner under Section 9.1.1. The Association may require Eh �
the 'i Owners perform their maintenance obligations in accordance with standard
established by the Association.
- 9.42 To per;orri the foregoing maintenance abligations in such manner as n �
to damabe the Property, or unreasonably disturb or cause a hazara to other Persan
. occu�pying or using the Property.
The Association may, with the a�proval of the Members, undertake an
maintenance of a Unit which the responsible Owner fails to or improperly performs, an
� assess the Unit and the Owner for the cost thereof. No such approval shail be necessa
if the Association has the authority under the Governing Documents to perform suc
maintenance. Such cost shall be a personal obligarion of the Owner and a lien against th
Owner's Unit. Owners and Occupants shall promptly notify the Association of defects i
or damage to those parts of the Property which the Association is obligated fo maintai .
The' Board rnay require that the Owners perform their maintenance obligations i
accqrdance with standards established by the Association.
9.5 Waste of Common Utilities or Commonlv Metered Utilities. An Owner o
Occupant f a Unit shall not cause waste, or unreasonable use, of common utilities or utilitie
that serve t e Unit hut which are commonly metered. In the event the Association determine
that such ste or unreasonable use is occurring, the Association shaIl have the authority to lev
against the',Unit (under Section 6.4, or otherwise), and charge to that Owner; the costs, charge ,
and fees (�Nhetfi�er billed by the utility provider, or otherwise) associated with that waste o
unreasonab�e use. Such costs, charges, and fees shall be calculated by the Association usin
reasonable methods. Notwithstanding any provision to the contrary in this Declaration, th
Association may repair or correct any condition (and enter upon any Unit and Limited Commo
Element to do so) causing the waste or unreasonable use. The cost of the repair or correctio
may, at the Boacd's discretion, be assessed against the Unit, and may, at the Board's discretio ,
� be the gersona) 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 accordanc
with Section 7.12:
9.6.1 Cause or permit any physical or aesthetic changes or alterations, whethe
temporary or permanent; to be made to a Unit or the Common Elements, if such chang
or a�teration is visible from the exterior of his or her Unit.
9.6.2 Cause or permit any physical changes to his or her Unit or the Commo �
Ele ents that could jeopardize or impair the weather-tight integrity, safety or soundnes
of ny part of the Property, any system or equipment on or within the Property, or an
other improvements located on the Property.
� ' 9.6.3 Interfere with or otherwise impair any easement.
MPLS-Word 95281.1 I 23
� ' � . . . .. � - .. � . - � . - � . - � . ._ , - .
. 9.1 Dutv to Report Defects, Owners or Occupants shall promptly report to the •
Association any deiect or need for repair to those parts of the ProperEy which the Association is
obligated to maintain.
9.8 Dama�e 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:s caused by the willfu! ar neglige^t a�t or omissior. cf an Owner or Qccupant,the gu�st
or invitee of an Owner or Occupant, or by a condition in or on the Property which the Owner or
the Occupant has willfuliy or negiigently allowea to exist, the Association may cause such
� damage or condition to be repaired or corrected (and enter upon any Unit and Limited Common
Element to do so). The cost of the repair or correction may be assessed against the Unit of the
Owner responsible for the damage, and shalI be a personal obiigation of the Owner and a 3ien
against that Owner's Unit.
SECTlOi�1 10
1NSURANCE
10.1 Required Coverage. The Association shal.I obtain and maintain, at a minimum,
one or more than one master policy of insurance in accordance with the insurance requirements
set for[h 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 form covering all risks of physical loss in an
arnount equal to one hundred percent.of the insurable"replacement cost"of the Property,
exclusive of: (i}deductibles; and (ii) tand, footings,excavation and other items normally
excluded from coverage {bui including all building service equipment and machinery). •
� The Association, at its sole discretion, may or may not insure the following items:
ceiling and wall finishing materials, floor coverings, cabinetry, finished millwork,
electrical or plumbing fixtures serving a single Unit, built-in appliances, improvements
and betterments re�ardless 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 Federal !
Nationat Mortgage Association ("FNMA"), the Federa) 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 also contain "Inflation Guard" and
� "Agreed Amount" endorsements, if reasonably available. Such policy or policies shall
include such additional endorsements, coverages and limits with respect to the foregoing
and other hazards as may be required from time to time by the regulations of the FHA,
VA, FNMA or FHLMC as a precondition to their insuring, 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, FNMA or FHLMC, obligating the Association to keep ceRain specified
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 95281.1 I 24
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occurrence,against claims for death, bodily injury,property damage, and such other ris '
as are customarily covered by such poiicies for projects similar in construction, locatio
and use to the Property. The policy shall contain a "severability of interest"endarsemen
whi�h shall preciude the insurer from denyang the claim of an Owner or Occupan
because af negligent acts of the Association or other Owners or Occupants. The polic
s�all include such ad�itianad endorsements, cove:ages and limits with resp�ct ta suc �
hazards as may be required by the regu3ations of the FHA, VA, FNMA, or FHLMC as
preconditian to their insuring,purchasing,or financing a mort�age on a Unit.
l0.1.3 Fidelity bond or insurance caverage against dishonest acts on the part o
� directors, officers, managers, trustees, employees, or persons responsible for handlin
, funds belonging to or administered by the Association, if deemed to be advisable by th
Board or required by the regulations of any financing-related institution as a preconditio
to the purchase, insuring, guarantee, or financing of a mortgage on a Unit. The frdeli �
bond or insurance shall name the Association as the named insured, and shall compl
wit the regulations of the FNMA, FHLMC, FHA or VA, if required by one of suc
age cies as a precondition to the purchase, financing, insuring, or gt�arantee 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 atherwise cove
volunteers, or a waiver of defense based upon the exclusion of persons serving withou
compensation shall be added.
� 10.1.4 Workers' Compensation insurance as applicable and required by law.
10.1.5 Directors and officer liability insurance with such reasonable limits an
coverages as tlie 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 t e best interests of the Association and the Owners.
i
10.2 Premiums; Improvements; Deductibles. Except as provided in Section 6_4, al�
insurance premiums shall be assessed and paid as part of an annual Assessment. I
im�rovements and betterments to the Units are covered by the Association's property insurance
any increased cost may be assessed against the Units affected. The Association may, in the cas
of a claim fpr 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 anner, or(iii) require the Owners of one oc more than one Unit affected to pay th
deductible �mount directly. The Associatian's decision as to who shall be charged with payin
the deductible amount may, but need not, be based on fault. Notwithstanding anything to th
contrary in this Section ]0, the Association may, in ihe case of claim against the Association'
property insurance',assess the deductible amount against all of the Units equally in the event Eha
the deducti le amount is calculated by the insurance company based upon the percentage of th
value or co�t(replacement or otherwise) of one or more than one Unit or Building.
]0.3�' Loss Pavee; insurance Trustee. A[l insurance covera�e maintained by th
Association shall be written in the name of, and the proceeds thereof shall be payable to, th
Associatian (or a qua]ified insurance trustee selected by it) as trustee For the benefit of th
MPLS-Word 952�1.11 25
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• Owners and secured parties which suffer ioss. "I'he Association, or any insurance trustee selected -
by it, shall have exclusive authority to negotiate, settle; and collect upon any claims or losses �
under any insurance policy maintained by the Association. '
. 10.4 Reauired Policv Provisions. Alt policies of property insurance carried by the
. Association shall provide, if practicable, that:
1fl.4.1 Each Owner and secured party is an insured Person under ihe policy with
respect to liability arising out of the Owner's interest in the Common Elements 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 against the Association and members of I
the Board.
10.4.3 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 warraniy or
condition regarding any portian of the Praperty over which the Association has no
control.
L0.4.4 ]f 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 Canceliation; 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 ail secured parties holding first mortgages
on Units.
10.6 No Contribution. All policies of insurance maintained by the Association shall be ;
the primary insurance whece there is other insurance in the name of the Owner covering the same ,
property, and may not be brought into contribution with any insurance purchased by Owners or
their mortgagees. � ;
10.7 Owner's Personal Insurance. Each Owner shall obtain and maintain additional
personal insurance coverage (commonly known as "ga}� 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 hy the
Associatio❑ against the Unit. Insurance policies maintained by Owners are without cantribution
as against the insurance purchased 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 95281.i I �6
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SECTION l l • '
I�tECONSTRUCTIOIV, CONDEMNATIOi'Y,AND EMINENT DOMAIN
I 1.1 Reconstruction. The obli�ations and procedures for the repair, reconstruction, r �
dis�Gsition cf the Property fallowing damage or destruction there�f shall be governe�by the Ac .
Any repair or reconstruction shall be commenced as soon as practicable after the casuaity an
shall be substantially in accordance with the plans, specifications, and design of the Pro�erty s
initially eo structed and subsequentiy improved. Notice of substantial damage or destructio
shall be gi�en as provided in Section 15.10. '
11.2 Condemnation and Eminent Domain. In the event of a talcing of any part of th
Property by condemnation or eminent domain, the provisions of the Act shall govern; provide , •
{i) that notice shall be given as provided in Section 15.10, (ii) that the Association shall be th
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 i
benefit of t�e Owners and th�mortgagees of their Units_ Eligible Mortgagees shall be entitled t
priority for condemnatian awards in accordance with the priorities established by the Act and th �
Goveming Documents, as their interests may appear.
, 11.3 Termination and LiQuidation. "I'he termination of the Condominium, and th
distribution of any proceeds therefrom, shall be governed by the Act. Any distribution of fund
shall be b�ed upon the value of the Units as detecmined by their retative value for prape
insurance urposes, and shall be made to Owners and their mortgage holders, as their interest
• may appear,as provided in the Act.
11.4 Notice. The Association shall give written notice of any condemnatio
proceeding� or substantial destruction of the Froperty to the :Eligible MorEgagees entitled t
notice unde�r Section l 5.10. �
11.5 Association's Authoritv. ln all cases involving reconstruction, condemnation, '
eminent domain, 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. A1f 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
I
EASEMENTS
The following appurtenant easements and rights are hereby granted,conveyed, dedicated
and reserv d on, over,under, and across the Property, as applicable.
12,11 Utilities Services and O eratin S stems. The Commo
p e v n Elements and the Unit
shall be suU;ject to and benefited by nonexclusive easements in favor of the City, the Associatio
and all utility companies and other service providers for the installation,use,maintenance, repai
and replacement 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 952 I.I 1 77
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• septic systems, wel]s, and similar services, fire control systems and other common operating -
systems, and metering and control devices, which exist, which are constructed as part of the �
Property,which are approved by the City,which are approved by the Association under authority
contained �n the Governing Documents or the Act, or which are described or referred to in the
Plat, this Declaration, or other recarded iastruments. Each Unit, and the rights of the Owners
and Occupants there�f, sh3l1 also be slsbje�t to and benefited by a non-exclusive easement in
favor of the other �3nits, the Common Elements, and the Assaciation for alI such utilities, �-'"
services, fire control systems, and other common operating systems. Utilities and related
services or systems shall be installed, us�d, maintained, and repaired so as no# to interfere with ,
the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the swctural
. or architectural integrity of a Bv'ilding; the Units,or the Common Element improvements. �
,
12.2 Encroachrnents. Each Unit and the Common Elements, and the rights of the �
Owners and Occupants therein, sha1F be subject to a nonexclusive easement in favor of the �
adjoining Units for encroachments caused by the construction, reconstruction, repair, shifiing,
settlement, or movement of any part of the Property, for improvements which are added in -
compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
encroachment upon another Unit or the Common Elements as a result of any of the
aforementioned causes,an easement shalt 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 7.13 shall be limited to minor
� encroachments, and no easement shaTl exist unless the proposed impravements 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 Stnactural Support Easements. Each Unit and the Common Elements shall be
subject to and be the beneficiary of nonexclusive easements For structural support in aIl walfs,
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 nonexciusive easement for access
to and from public roadways and walkways on and across those portions of #he Common
Elements designated for use as driveways or walkways, as originally constru�ted, 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. Q 75 . That Declaration of Easements also sets forth the obligation of the
Association to share in the costs of maintaining, repairing, and replacing the portion of Cascade
Lane over which that right of access is granted.
12.5 Inspection, Maintenance, Repair, Replacement, and Reconstruction. Each Unit,
and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
the Association, its agents, and Declarant for the maintenance, repair, repiacement, and
reconstruction of the Common Elements, the Units, and other irnprovements located within the
MPLS-Word 95261.1 I 28
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Units, and he utilities secving the Units, to the extent necessary for the Association to fulfill i s •
obligations under the Goveming Documents or for Declarant to investigate or undertake i s
warranty o ligations. Each Owner shall afford to the Association and its management agen�s
. and emplo�ees, access at reasonable times and upon reasonable notice, to and through th
Owner's t9nit and its Limited Common E)ements for inspection, rnaintenance, reQair, an
- replacement; provided, that access to the Unit and its Lirnited Cornmon Elements may be ha
- without nofiice and at any time in case of emergency. '
12.6 Public Safery and Health Access. Theze are nonexclusive easements in favor f
� the City and other applicable governmental authorities or agencies as shall from time to tim
have jurisdiction over the Property, on and across drives, walkways, parking areas, and oth r
open space areas of the Property for reasonable access to perform such duties related to la
enforcement, fire protection, life safety, heaith, and sanitation as are reasonably required fro
time to time. Such easements shall include access through and into the affected Units an �
Limited Common 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 #o an easement in favor of th
Association far access, without notice and at any time, by an officer or member of the Board, b
the Associ 'tion's management agents, or by any public safety personnel. The Board may re�uir
that an Ow er or Occupant leave keys to the Unit with another Owner of the Owner's choice,
with the A sociation, and.to advise the Association's management agent or the Board of th�
locations o the keys, so as to allow access for emergencies when the Owner or �ccupant is
absent fro the Property for extended periods. ,
12.8 Recorded Easements. The Property shall be subject to such other easements '
may be recorded against it or otherwise shown on the Plat. Any recorded easement benefiting o
burdening the Property shall be construed in a manner consistent with, and not in conflict wi ,
the easements created by this Declaration. Such recorded easements include,but are not limite
to, that certain Declaratian of Easements, Restrictions and Covenants for Stonebay recorded i
the office of the County Recarder in and for Hennepin County, Minnesota, on July 29, 2004, a
Document No. 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 Common Elements.
]2.9 DrainaQe Easements. The Common Elements shall be subject to nonexclusiv
easements for storm water drainage in favor of the Owners and Occupants for reasonable sta
water drain�ge, and other normal siie drainage, over those parts af the Common Elements whic
may be des�gned, improved,or graded for such purposes. '
� 12.1�0 Use and Eniovment Easements. There are nonexclusive easements in favor of th
Owners an Occupants of the Units for use and enjoyment on and across the Common Elements
and for ex lusive use and enjoyment of any Limited Common Eiements allocated to the Unit
subject to �ny restrictions authorized by, or set forth in, the Governing Documents or the Rule
and Regulations. .
1v1PLS-Word 95281.I 1 ' 79
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- 12.11 Declarant RiQhts and �asements. The Units and the Common Elements are � '
subject to exclusive easements and rights in favor of�eclarant for the exercise of its declarant
righ[s as described in the Governing Documents, and for the periodic inspection of the Units and
the Common Elements during any warrantyperiods and thereafter to review the condition of the i
Property and Building systems and to detennine whether Unir and $uilding maintenance .
requirements are 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 uniess othenvise expressly indicated,
and shal]be subject to the following qualifications:
12.12.1 The easements shall supplement and not limit any easements described
elsewhere in this Declaration or any other recorded instrument.
i2.122 Ti�e 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 auihority.
12.12.3 The easements shall include reasonable access over, under, and across
the Property to maintain, repair, replace, and reconstruct the easement areas and any
improvements 3ocated thereon.
I
i2.12.4 No Person shal] materially restrict or impair any easement benefiting or
. . burdening .the Property, or any e9uipment or improvements relating to the easement,
subject ta this Declaration and the right of the Association to 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 other material shall be placed, in
� an easement area, which may damage or interfere with the installation, use, or
maintenance of such area, or which may change or impede the intended flow of water
through any drainage easement area.
12.12.6 Persons exercising easement rights 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 out 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
shall constitute a dedication of the easement area or the use thereof to the public, it being
the intent of this Declaration that the Common Elements be and remain priyate properry
MPI,S-Word 95281.11 3�
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subject to operation and regulation by the Association, and that the Units be and rema n "
private property subject to operation and regu�ation by th� respective Owners there f
and/or the Association,as applicable, all in compliance with the Governing Documents.
; 12.13 Restriction on Third Partv Easement Grants. Except for Declarant in the exerci e
� of its rights under this Declaration, and except for the Board in the exercise of authority grant d
by ihe Governing �ocuments, no Person shall create, grant, or convey any easement r
comparable rights upon any portion of the Property without the prior written approvai of t e
Board; provided, that the Board shall authori2e an Owner to grant an easement over the Owner s
Unit if(i) the easement wil] not adversely affect the Comrnon Elements or another Unit and (ii)
the easement 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. Notwethstanding anything in th s �
, Declaration to the contrary, no Owner or Occupant sha11 he denied reasonable access to his r
her Unit or the right to utility services thereta. The easements set forth in this Section 12 sh lt i
supplement and not limit any easements described elsewhere in this Declaration or recorded, a d
shall include reasonabte access to the easement areas through the Units and the Comm n
Elements far purposes of maintenance, repair, replacement, and reconstruction. All easeme t
cights shall include a right of reasonable access to maintain, repair, and replace the utility lin s
and related equipment.
S�CT10N 13
COMPLIANCE AND REMEDIES
Each Owner and Occupant, and any other Person owning or acquiring any interest in t e
. Property, shall be governed by and comply with the provisions of ihe Act, the Governi g
Documents,and the Ruies and Regulations, and such amendments thereto as may be made fro �
time to time, and the decisions of the Association_ A failure, to comply sha11 entitle t e �
Association 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 [o recov r
sums due, for damages, for injunctive relief or to foreclose a lien owned by �it, or a y .
combination thereof,or an action for any other relief authorized by the Governing Documents r
available at law or in equity. Legal relief may be sought by the Association against any Owne , '
or by an (?wner against the Association or another Owner, to enforce compliance with t e
Governing Documents, the Rules and Regulations, the Act, or the decisions flf the Associatio .
However,no Owner may withhold any Assessments payabte to the Association, or take(or omi )
ather action in violation of the Governing Documents,the Rules and Regulations,or the Act, as a
measure to enforce such Owner's posiEion,or for any other reason.
13.2 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 more of the following actions against Owners and Occupants and/or their guests,wh
violate the provisions of the Governing Docuinents, the Rutes and Regulations, or the Act: �
� MPLS-Word 95281.1 I 3� ' .
- i3.2.1 Commence legal action for damages or equitable relief in any court of •
� competent}urisdiction.
13.2.2 lmpose late charges, interest, or both, For each past due Assessment or
installment thereof, such interest to accrue beginning on the first day of the month
following the rnonth for which the Assessment or installment was due.
13.2.3 In the event of default of more than thiny days in the payment of any
Assessmeni or installment thereof, a1� remaining insfallments of Assessments assessed
against the Unit awned by the defaulting Owner may be accelerated and shall then be
payable in full if all de(inquent 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 acceleratian. Not less than ten days advance written notice of the
effective date of the acceleration shatl be given to the defaulting Owner.
13.2.4 Impose reasonable fines, penalties, or charges far each violation of the
Act,the Governing Documents,or the Rules and Regulations.
13.2.5 Suspend the rights of any Owner or Occupant and their guests to use any
Common Element amenities; provided,that the suspension of use rights shall not apply to
Limited Common Elements or those portions of the Common Elements providing utilities
service and access to the Unit. Such svspensions shall be limited to periods of default by
such Owners and Occupants in their obligations under the Governing Documents,and for
up to thirty days thereafter, for each violation_ ,
13.2.6 Restore any portions of any Common Elements,Unit,or Limited Common
Elements damaged or altered, or allowed to be damaged or altered, by any Owner or �
Occupant or their guests in violation of the Governing Documents, and to assess the cost
of such restoration against the responsible Owners and their Units. The Association shall
have an easement to carry out its authority under this Section 132.6.
13.2.7 Enter any Common Element, Unit, or Limited Common Elements in
which, or as to which, a violation or breach of the Governing Documents exists which �
materially affects,or is 3ikely 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 ta summarily
abate and remove, at the expense of the offending Owner or Occupant, any structure,
� thing, or condition in the Common Elements, Unit, or Limited Common Elements which
� is causing the violation; provided, that any improvements which are a part of a Unit may
be altered or removed only pursuant to a court order or with the agreement of the Owner.
The Association shall have an easement to carry out its authority under this Section
l3.2.7.
132.8 Foreciose any lien arising under the provisions of the Goveming
Documents or under law, in the manner provided by the Act.
13.3 Ri hts to Hearin . In the case of imposition of any of the remedies authorized by
Section 7.10.7, 13.2.4, 13.2.5, 13.2.6, or 13.2.7, the Board shall, upon written request of the
MPLS-R'ord 9523 L l I 32
I
offending Owner, grant to the affending Owner a hearing as contemplated by the Act and �th s �
Section 133. The hearing may be held before the Soard or a committee of three or mo e
disinterest�d Owners appointed by the Board. The offending Owner shail be given notice of t e .
nature of t e violation and the right to a hearing, and at least ten days within which to request a
hearing. The hearing shall be scheduled by the Board/committee and held within thirty days f
receipt of the hearing requ�st by the Board/committee, and with at least ten days prior writt n
notice to t�e ofiending Owner_ If the oriending Owner faiis to request, or to appear at, t e
hearing, thlen the right to a hearing st-�all be waived and the Board/cammittee may take sv h
action as it deems appropriate. Hearings shall be conducted in a fair and equitabie manner. T e
decision of the Board/committee and the rules for the conduct of hearings established by e
Board/corr�mittee, shall be final and binding on al! parties. 1fie $oard's/c�mmittee's decisi n
shall be de�livered in writing to the offending Owner within ten days following.the hearing, if n t
delivered to the offender at the hearing. Any fines to be imposed by the Association may, at t � �
Board's/Committee's discretion,be retroactive to the date of the vio(ation or offense,
13.I'�4 Lien for Assessments, Charges, Etc. Any Assessments, charges, fines, expens ,
penalties, or interest imposed under this Section shail be a lien against the Unit of the Owner r
Occupant against whom the sarne are imposed and the personal obligation of such Owner in t e
same man}'er and with the same priority and effect as Assessments under Section 6. The li n
shail attach as of the date of imposition of the remedy, but shall not be fina4 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 not e
deemed a�,�vaiver 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 fnforce the provisions of the Act, the Governing Documents, or the Rules a d
Regulatio�;hs, 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, inciuding without limitation fines or charges previously imposed by t e ,
Associati n, reasonable attorneys' fees, and interest (at the highest rate allowed by law) on t e
delinquen�amounts owed to the Association•. Such expenses shall also include�ny collectior� r
contingency fees or costs charged to the Association by a collection agency or other Pers n
acting on behalf of the Association in collecting any delinquent amounts owed to the Associati n ,
by an Ovv�ner or Occupant. Such collection or contingency fees or costs shall be the perso al
obligation of the Owner and shall be a lien against the Owner's Unit.
]3.6 LiabilitY for Acts of Owners and Occupar►ts. An �wner shall be liable for t e
expense o�f any maintenance, repair, or replacement of the Property rendered necessary by su h
� Owner's �cts or omissions,and by that of Occupants or guests in the Owner's Unit,to the ext nt
that such expense is not covered by the proceeds of insurance carried by the Association or su h
Owner or Occupant. However, any insurance deduetible amount and/or increase in insuran e
rates, res�ilting from the Owner's acts or omissions may be assessed against the Ow er
respons�b�e for the condition and against his or her Unit.
MPLS-Word�5281.1 f 33 I
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13.7 Enforcement bv Owners. The provisions of this Section shall not limit or impair •
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Rules and Regulations,and the Act,as provided thereia.
]3.8 Liti ation. Notwithstanding anything contained herein to the contrary, the
� Association may nat commence any judicial or administrative action on behalf of the Owners
- (other thar, an acti�n commenced to enforce the Governing �ocuments or the Rules and
Regulations, or to defe�d the Association), without f:st obtaining the affirmative vote of the
�wners to which are allocated at least sixty-seven percent of the votes in th� Associatian, in
peison or by praxy, at a meeting called far such purpose in accordance with the Bylaws, or by
written ballot.
ISECTIC>N 14
AMENDMENTS �
I
14.1 Approval Requirements. Except for amendments by Declarant pursuant to
Section 16, this Declaration may be amended only by the approvai of
14.1.1 The Board;and
14.1.2 The Owners of Units to which are allocated at least sixty-seven percent of
the total votes in the Association,except as otherwise provided by the Act; and
� 14.1_3 Declarant as to certain amendments as provided in Section 16;and
14.1.4 The percentage af 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
of the Association duly held in accordance with the Bylaws. Consents of Eligible Mortgagees
and Declarant, if required, shall be in w�iting. Any amendment shall be subject to any greater
requirements imposed by the Act. The amendrnent sha!! be effective when recorded.as provided
in the Act. An affidavit by the Secretary or the President of the Association as to the outcome of
the vote, or the execution of the foregoing agreements flr consents, shall be adequate evidence
thereof for all purposes, including without]irr►itation;the recording of the amendment.
SECTION IS
RIGHTS OF ELIGIBLE M�R7'GAGEES
Notwithstanding anything to the contrary in the Governing Documents, but subject to the
Act or other laws, Eligibfe Mortgagees shali have the following rights and protections:
15.1 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 keld by Eligible Mortgagees (based upon one vote per Unit
financed) shal] be required for any amendment to the Governing Documents which changes any
Mris-wo�a 9szsi.i i 34 .
�t . ,. - �I . _ . -- � . . - _ . � . - . . � i .
provision governing the following: (i) voting rights; (ii) increases in an annual Assessment f '
more tha twenty-five percent over the prior year's annual Assessment;(iii)Assessment liens, r
priority o�'Assessment liens; (iv}reductions in reserves for maintenance, repair and replacem nt
of Common Elements; (v) responsibility for maintenance and repairs; {vi) reallocation f
interests in the Common Elements ar Limited Common Etements, or rights to their use; (v i)
redefinitiqn of any Unit boundaries; (viii) convertibility of Units into CareZrtlon Elements or vi e
versa; {ix�expansion or contraction of the Property or the addition, annexation ar withdrawai f
property ta or fram the Property;(x) hazard or fidelity insurance requirements; (xi) imposition f
material restrictions on ihe leasing of Units; (xii) imFosition of any restrictions on an Owne 's
right to se 1 or transfer his or her Unit; (xiii) restoration or repair af the Property (after a haza d
damage o� 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 substanti 1
destruction or condemnation occurs; or (xv) any provisions that expressly benefit Eligib e
Mortgage�s,or insurers or guarant�rs 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.th t
are subje t to first mortgages held by Eligible Mortgagees {hased upon one vote per U it
financed)�shall be required to {i) abandon or terminate the Condominium; (ii} change e
allocations of voting rights,Common Expense obligations or interests in the Common Element ;
(iii) parcition or subdivide a Unit except as permitted by statute; {iv) abandon, partitio ,
subdivide, encumber, or sell any Common Elernents; or {v) use hazard insurance proceeds f r
other than the repair,replacement or reconstruction of the Properiy,except as otherwise provid d
by]aw. '
15. Consent to Subdivision. No Unit may be partitioned or'subdivided without t e
prior writt�n approval of the Owner and Eligible Mortgagee thereof,and the Association.
15.4 No 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 Prioritv 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 assignrnent in lieu of foreclosure of the fir t
mortgage pn a Unit, takes the Unit free of any claims for unpaid Assessments or any oth r
charges or liens imposed against the Unit by the Association which have accrued against suc
Unit prior tio the acquisition of possession of the Unit by said Person; {i) except as provided i
� Section b.9 and the Act and (ii) except that any unreimbursed Assessments or charges may b
reall.ocated among all Units in accordance with their interests in the Cornmon Elements. '
15.�i Prioritv of Taxes and Other Char�es. All taxes, assessrnents and charges whic
may become liens prior to the first mortgage under state law shall relate only to the individu 1
Units and ot to the Property as a whole_
! 15� Priori for Condemnation Awards. No rovi �
p sion of the Governing Document
shall give an Owner, or any ather party, priority over any rights of the Eligible Mortgagee of th
Unit pursu nt to its mortgage in the case of a distribution to such Owner.of insurance proceeds
aondemnat�on awards for losses to or a taking of the Unit and/or the Common Elemenis_ Th
MPLS-Word 95 81.11 35
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� Association shall give written notice to all Eligible Mortgagees of any condemnation or eminent '
domain proceeding affecting the Property promptly upon receipt of notice from the condemning
authority.
I S_8 Requirements for Mana�ement A�reements. T'he term of any a�reement for
� . professional management of the Property shall not exceed two years. Any such agre��ent shall '
provitie f�r te:�^�inatian withaut per,alty o: terminat;on fee by either party as iollows: (i} with
cause, upon a minimum of thirty, and a maximum of forty-fve, days prior written notice, and,
(ii)without cause,upon a minimum of sixty days prior written notice. .
I5.9 Access to Books and Records/Audit. Eligible Mortgagees, or an institutional
insurer or guarantor of a mortgage loan 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 repoRs and other 1 '
financiat statements. Financial statements, including thase which are audited, shall be available
within one hundred eighty days after the end of the Association's fiscal year. FNMA, or any
. Eligible Mortgagee, institutional gaarantor or insurer of a mortgage loan against a Unit, may
require that, at its awn 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.
I5.10 Notice 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 sha31 be entitled to timely written natice of:
I5.10.1 a condemnation lass or any casaalty]oss which affects a material portion
of the Pro�erty 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, cancetlation or material modification of any insurance policy
maintained by the Association;and
I 5.10_.4 a proposed action which requires the consent of a specified percentage of
, Eiigible Mortgagees. .
SECT[ON 16 - -.
SPECIAL DECLARANT RICHTS
Declarant hereby reserves exclusive and unconditional authority to exercise the following
speciai 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 Comv(ete Irriprovements. To complete each Building, Unit, and other
improvements indicated on the Plat, or otherwise included in Declarant's development plans or
MPLS-Word 95281.1 I 36
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allowed by this Declaration, and to make improvements in the Units and Common Elements to � ,
accommodate the exercise of any special declarant rights.
16.2 RiQhts to Relocate Boundaries, Subdivide, Convert. or Combine Units. To i)
relocate the boundaries of any Unit owned by it, or (ii) create additional Units, Comm n
Elements, and Limited Common Elements, or any combination thereof, by the subdivisi n,
partition, conversion, or combining of any Unit or Unifs owned by it, as authorized by the A t.
The maximum number of additional Units that may be created with�n the Condominium pursu nt
tc this Sertion t 6.2 is 5.
16.3 Sales Facilities. To construct, operate, and maintain one or more than one mo el
Unit, and other development, sales, and rental facilities within the Common Elements, a d
within any Units owned or teased by Declarant from time to time, located anywhere on e •
Property.
t6.4 Si�ns. To erect and maintain signs and other sales displays offering the Units r
sale or lease,w�thin any Unit owned by Declarant and on the Common Elements.
i 6.5 Easements. To have and use easements, for Declarant, Declarant's employe s,
contractors, representatives, and agents and prospective purchasers, through and over t e
Common Elements for the purpose of exercising its special declarant rights. �
16.6 Control of Association: To control the operation and administration of t e
Association, including without limitation the power to appoint and remove the members of t e
Board pursaant to Section S 158.3-103 of the Act, untii the earliest of: (i) voluntary surrender f
convol by Declarant, {ii) an Association meeting which shall be held within sixty days af r
conveyance to Owners other than Declarant of seventy-five percent of the total number of Un ts
authorized to be included in the Property, or (iii) the date three years following ihe date of t e
.first conveyance of a Unit to an Owner other than Declarant. Notwithstanding the foregoing, t e
Owners other than Declarant shall have the right to nominate and elect not less than chirty-thr e �
and one-third percent of the directors at a meeting of the Owners which shall be held within six y
days following the conveyance by Declarant af fifty percent of the total number of Un ts I
authorized to be included in the Property. �
16.7 Consent to Certain Arnendments. Declarant's written consent shall be requir d
for any amendment to the Governing Documents or the Rules and Regulations which directly r
indirectly affects Declarant's rights under the Governing Documents or the Act.
1
SECTION l7
MISCELLANEOUS
17.L Severabilitv. lf any term, covenant, or provision of this instrument or any exhi it
attached hereto is held to be invalid or unenforceable for any reason whatsoever, su h
determination shall not be deemed to alter, affect, or impair in any manner whatsoever any oth r
portion of this Declaration or exhibits attached hereta �
17.2 Construction. Where applicable, the masculine gender of any word used here n
shall mean the feminine or neutra] gender, or vice versa, and the singular of any word us d
herein shal] rnean the plural, or vice versa. References to the Act, or any sections thereof, sh 11
MPLS-�Vord 94281.11 37
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�- I
� ' 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 indemnifcation pursuant to the
Act, the Association shal] promptly tender the defense of the action to its insurance carrier, and
�ive Dectarant (i) written norice of such tender, {ii} written natice of the specific nature of the
action,and(iii)an opportunity to defend against the action.
17.Y Notices_ Unless specifically pravided otherwise in the Governing Documents or
the Act, all notices required to be given 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 rnailing if properly addressed with postage prepaid and deposited in the United
States mail; except that registrations pursuant to Section 2.2 of the Bylaws shall be effective
upon receipt by the Association.
17.5 Conflicts Amon2 Documents. In the event of any conflict among the provisians �
of tfie Act, this Declaration, the Bylaws, and any Rules or Re�ulations, the Act shall control
unless it permits the documents to controL As among 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.
I7.6 Duration of Covenants. The covenants, conditions, restrictions, easements, liens,
and charges contained in this Deciaration shall be perpetuat, subject only to termination as
provided in this Declaration and the Act.
IN WiTNESS WHEREOF, the undersigned has execated 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 otivt. }
� The foregoing instrument was acknowledged before me tris��day of �v i
�'
2007, by Arnold A. Zachman, the Chief Manager of O.C. Developrnent LLC, a Mmnesota
limited liability company,on behalf of said limited liability company.
�J �
No ublic
, THIS lNSTRUMENT WAS DRAFTED BY:
' Fredrick R. Krietzman, Esq.
FELHABER, LARSON, FENLON& VOGT, P.A.
220 South Sixth, Suite 2200
Minneapolis, Minnesota 55402 SC�TTLKRYI�ISKI . .
(612) 373-8418 NOTARYPUBUC-�ut�a�sOTA ,.:.
MY W1I!lISSION fl(PoRES JN4.31�20t0 '
MPLS-Word 95281.11 3 g
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�
� , r
� .
COMMON INTEREST COMMUNITY NO. ]578 �
Condominium
STONEBAY O�'ORONO CONDOMINIUM
� EXI-�I$�7'A T��IECLARA i�()N �
UNDERLYING LEGAL DESCRIPTION OF THE PROP�RTY
Lot l,Block 1, Stonebay Second Addition, Hennepin County,Minnesota. �
�
M PLS-Word 95281.E 1 39
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.� -
COMMON IN'TEREST COMMUNITY NO.NO. 1578 � 4
Condominium
, STONEBAY OF ORONO CONDOMtNIUM
EXFiIBI'� B TO DECLARATION �
SCHEDULE O�'L7Ni'�'S,A1VD ALLOCATION OF C�MMON EXD�NS�S ANI2
UNDIVIDED INTERESTS 1N THE C�MMON ELEMEN'TS
Allocation of Cornmon Expenses and
Unit Identifier Undivided Interests in the Common Elements
,
101 1/57 I
102 1/57
103 1/57 �
104 1/57
1 Q5 ]/57
106 ��57
107 1/57
108 1/57
109 1/57
110 1/57
l l l 1/5?
112 1/57
113 1/57
� 114 1I57
115 1/57
1 I6 1/57
117 1157
1 i8 I/57
201 � 1/57
202 1/57 .
203 1/57
204 1/57
205 - 1/57
?06 1�5�
207 1/57
2a8 I/57
209 1/57
210 1/57
211 1/57
2I2 1/57
MPLS-1Vord 9528L11 40
. i . .��. �..i .. _ .. . . � . . _ - .
� _ "i
I
Allocation of Common Expenses and `�
Unit I entifier Undivided Interests in the Common Elements ; �
13 1/57
214 1/57 �
2 l� 1157 -
216 1/57
217 ' 1/57 . I
�18 1/57 �
19 I/57 �
220 i/57 �
301 1/57
302 1/57
03 1/57
fl4 1/57
OS ]/57
�06 1/57 i
307 1/57
308 1/57
309 � !/57
�l� . 1/57
1 j I/57
�12 1/57
313 1/57
3 t4 1/57
315 1/57
16 ' 1157
17 � 1/57
18 1/57
319 1/57 � '
TOTAL: 57/57{100%)
I �
MPLS-Word 95 81.1 i 41
• I .
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COMMON IN7'L+'RES'T CON11�1UN1'I'Y NO.NO. ]578
Condi�minium �
STONEBAY O1%ORONQ CONU011-f.1v1UM
CONSEN'f Bl'1'vt�.R'7'GAGEC , -
The undersigned (the "Mortgagee") is a n�ort�ag�c of portions of'the real property
described in the attaci�ed Declaration of Stonebay of Orono Condo���iniwn (the "Declarati.on").
Mortgagee hereby consents to this Declaralion; pt-ovided, tl�ac by consenting to the Declaration,
(i) Mort�agee does.not in any manner constitute itself'or obligate itselfas a Declarant as defi�ied
in the Declaration, (ii) such consent does not modify or ainend the tenns and conditions of ihe
Mortgagee's tnortgage and related foa�l documenls, and (iii) such mortgage sl�all remain as a lien
on the property described therein, prior to any liens inzposed under the Declaratio�i,tmtif released
or satisfied. '
I1J,(WITNESS WH.ERE F, the Mortgagee Izas caused this Conseni to bc executed on
the (��= day of S� , 2007. .
141A1NS7'RL+'�'I' IiANK
. � B
�
E�''
STATE OF MiNNESOTA ) �
� ) ss.
COUNTY OF�z�� ) .
� The foregoing instrument was acknowleciged beFore n�e this �l e� day of
P�n�oQr,2007, bY .(?r.t�r'?�a�— �_, the �i�,:e r U i�P o f
Mainstreet Bank, 1 Minnesota bank co r poration,on b c h a l f o f s a i d e n t i t y. P i�r,��..
� • �
=Notary Public .
THIS 1NSTRUMENT WAS DRAFTED BY: ,
Fredrick It. Krictzman, Esq. '
FELHABER, LA'RSON, FENLON &VOGT, P.A. SCOITLKF�YNSKI
220 South Sixth, Suite 2200 No7nRYPuBUC-tdur►�rA
• NY COMMISS10iJ EXP�S JAN.31,2610
Minneapolis, Minnesota 55402 �
(612)373-8413 . �
, �
M rLs-wo«t vszx t.i� 42 .
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_ � � ..
• •
COMMON INTEREST COMMUNITY NO.N0. 1578
� Condnmini�m ,
' STONEBAY OF ORONO CONDOMINIUM
CONSEl►i'F BY MORTGAGEES �
The undersigned (the "Mortgagees") are mortgagees of portions of tne real prope y .
described in the attached Declaration of Stonebay of Qrono Condominium (the "Declaration').
Mortgagees hereby consent to this Declaration; provided, that by consenting to the Declaratio ,
(i) Mortgagees do not in any manner constitute themselves or obligate themselves as Declaran
as defined in the Declaration, (ii) such consent does not modify or amend the terms d
conditions af the Mortgagees' mortgage and related ]Qan documents, and (iii) such mortga e
shall remain as a lien an the property described therein, prior to any liens imposed under t e
Declaration,until released or satisf ed.
]N WITNESS WHEREOF, the Mortgagee has caused this Consent to be executed n
the / 7 f� day of I��c�c..c.s '`" ,2007.
� • ,�
, Dave I
�
� Ra dy Koch
STATE OF MINNESOTA ) .
) ss.
COUNTY OF O�� �s- }
The foregoing instrument was acknowledged before me this /7 f� day f
�?U�4T S�' ,2007,by Dave Koch and Randy Koch.
' ....,,, �?K� � �� "' �� 2 `'` t
�, .
�,� I o b�, f K- s
W��,tan 3�,�oto Notary Public ,-y� y c o..-�..-��r- �^
-c 7c�,O r r es �f•3%l J/ u
THIS INSTRUMENT WAS DR.AFTED BY:
Fredrick R. Krietzman,Esq.
FELHABER, LARSON, FENLON &VOGT, P.A.
220 South Sixth, Suite 220Q
Minneapolis,Minnesota 55402
(612)373-8418 ,
MPLS-Word 95281.11 43
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