HomeMy WebLinkAboutCommon interest community document - 2015 Y � �� ��
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Current year taxes for whole parcel are paid �
Transfer Entered Doc No A10244873
Oct 6, 201512:23 PM Certified, filed and/or recorded on
Oct 6, 2015 12:23 PM
Hennepin County, Minnesota Office of the Count Recorder
Mark Chapin Henne in Coun y
County Auditor and Treasurer p ty, Minnesota
Martin McCormick, County Recorder
� Mark Chapin�, County Auditor and Treasurer
Deputy 81 Pkg ID 1302027C
Plat Fee $56.00
Document Total $56.00
PID(s)
20-117-23-11-0004
This cover sheet is now a permanent part of the recorded document.
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gEB T88 CIC PLAT FZGED AS
PART 08 '!'8IS DB�LARATtO1Q
COMMON INTEREST COMMUNITY NUMBER 2035
A Condominium
LAKE MINNETONKA MEADUWS
Declaration
THIS DECLARATION, Made this 24`h day of September, 2015, by Loon Homebuyers,
LLC, a Minnesota limited liability company ("Declarant"), pursuant to Minnesota Statutes,
Sections S15B.4-118, known as the "Minnesota Common Interest Ownership Act" (sometimes
hereinafter referred to as the"Act"), and laws amendatory thereof and supplemental thereto,
WITNESSETH:
WHEREAS, Declarant is the holder of a fee ownership interest in certain real estate
situated in the City of Orono, County of Hennepin, and State of Minnesota, legally described as
follows, to-wit:
Lot 2,Block 1, Apple Hill, which shall hereinafter be called the "Parcel", and
WHEREAS, Declarant is about to sell, dispose of and convey interests or estates in and
to the Parcel, and other structures, improvements and permanent fixtures of whatsoever kind
situated thereon, and any and all rights and privileges belonging to or in anywise appertaining
thereto, hereinafter, sometimes referred to as the "Property", and to accomplish this purpose
desires to submit the Property to the requirements of the Act, and
WHEREAS, Declarant desires and intends that the owners, holders of security interests,
occupants, and other persons hereafter acquiring any interest in the Property shall at all times
enjoy the benefits of, and shall hold their interests subject to the rights, easements, privileges and
restrictions hereinafter set forth, all of which are declared to be in furtherance of a plan to
promote and protect the cooperative aspect of the unit ownership of the Property and are
established for the purposes of enhancing and perfecting the value, desirability and attractiveness
of the same.
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NOW, THEREFORE, Declarant, as the owner of the real estate hereinbefore described -
and for the purposes above set forth, hereby declares as follows:
ARTICLE I. Definitions �
The terms and phrases used in this Declaration shall have the meanings ascribed to them
in Section S15B.1-103 of the Act except as those meanings are modified or supplemented herein
below. To aid in the review of this Declaration, the Act definitions, or portions of such
definitions, of some frequently used terms and phrases are set forth in qaotation marks. The
clauses not contained within quotation marks are modifications of or additions to the Act
definitions.
1. Association. "Association" means the unit owners association organized under Section
S15B.3-101" of the Act in general and in particular LAKE MINNETONKA
MEADOWS, a non-profit corporation organized under Chapter 317A of Minnesota
Statutes, as amended of which each unit owner shall by virtue of his ownership interest
be a member, and which has been established for the purposes of administering,
managing, maintaining, operating, repairing, altering and improving the common elects
of the Condominium for the collective benefit of the members.
2. Bylaws. The Bylaws adopted by the first Board of Directors of the Association on or
before the date hereof which governs the operation of the Association.
3. CIC Documents. This Declaration and the Articles of Incorporation, Bylaws and Rules
and Regulations adopted by the Association, and all amendments thereto.
4. CIC Plat. "CIC plat" means a common interest community plat described in Section
S 15B.2-1101 of the Act."
5. Common Elements. "Common elements" means all portions of the common interest
community other than the units" including, but not limited to, the following: The exterior
masonry, and framing: interior and exterior windows, components thereof (including
glass), and the frames thereof; foundations, columns, girders, and beams: footings,
concrete slabs, concrete basement floors, concrete subfloors; interior load-bearing walls;
walls separating units from corridors, stairs and mechanical installations; pipes, vents,
flues, chutes, chimneys, wires, conduits and other utility installations (which may lie
partially within and partially without the designated boundaries of a unit but which serve
more than on unit or any portion of the common elements) to the outlets thereof in each
unit, but excluding individual connections and valves at such outlets; roof and roofing
materials; stairways and stairwells; lobbies and corridors; mail area; land, grounds,
patios, fountains, atriums, courtyards, balconies, decks, fence screening, shrubbery,
plants, trees, ramps and gardens; pazking areas and driveway areas; all central and
appurtenant equipment installed for such services as power, light, telephone, gas,
ventilation, hot and cold water, and like utilities, and all spaces occupied by such
mechanical equipment; laundry area; and any other area, facility, fixture or element
which is designed or intended for common use.
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6. Common Expenses. "Common expenses" means expenditures made or liabilities
incurred by or on behalf of the association, or master association when so identified,
together with any allocations to reserves" including, but not limited to, the following: '
Real estate taxes and governmental special and annual assessments levied against the
Property until the units are separately assessed; premiums for any and all insurance
maintained by the Association including any deductible or coinsurance amount not
covered by insurance; charges for gas service chazges; legal and accounting fees; the
unpaid portion of any assessment against a unit that is acquired pursuant to a mortgage
foreclosure, or a deed in lieu of foreclosure, and not required to be paid by such acquirer;
deficits remaining from any prior assessment period; the cost of all fidelity bonds
required by the Board of Directors or the member; all costs for the maintenance,
operation, alteration, improvement, repair and replacement of the common elernents; and
any other expenses for the administration, operation and management of the Association
and the Condominium determined and assessed by the Board of Directors of the
Association from time to time.
7. Condominium. "Condominium" means a common interest community in which {i)
portions of the real estate are designated as units, (ii) the remainder of the real estate is
designated for common ownership solely by the owners of the units, and (iii) undivided
interests in the common elements aze vested in the unit owners." Specifically, as the term
is used herein, it shall mean and refer to the Property which is hereby being established as
a common interest community to be known as "LAKE MINNETONKA MEADOWS,
Common Interest Community Number 2035, A Hennepin County, Minnesota
Condominium".
8. Declarant. "Declarant" means and refers to Loon Homebuyers, LLC.
9. First Mortgagee. A person owning a security interest in any unit by virtue of a mortgage
filed against it, which mortgage is first in priority upon foreclosure to all other mortgages
which may affect such unit, or a lender in possession of a unit following a default in a
first mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of
foreclosure.
10. Limited Common Element. "Limited common element" means a portion of the
common elements allocated by the declazation or by operation of Section S15B.2-102(d)
or (� for the exclusive use of one or more but fewer than ail of the units." Section 11 of
Article II hereof allocates those limited common elements nat specifically described in
Section S 15B.2-109 (d) and (fl of the Act, if any at all, to specific units or group(s)
thereof. Section S15B.2-102(d) or(� for the exclusive use of one or more but fewer than
all of the units." Section 11 of Article II hereof allocates those limited common elements
not specifically described in Section S 15B.2-102(d) and (fl of the Act, if any at all, to
specific units or group(s) thereof. Section S15B.2-102(d)of the Act provides as follows:
"If any chute, flue, duct, wire conduit, bearing wall, bearing column, or any other
fixture lies partially within and partially outside of the designated boundaries of a
unit, any portion thereof serving only that unit is a limited common element .
allocated solely to that unit, and any portion thereof serving more than one unit or
any portion of the common elements is a part of the common elements."
Section 51 SB.2-102(fl of the Act Provides as follows:
"Improvements such as shutters, awnings, window boxes, doorsteps, stoops,
patios, perimeter doors and window, constructed as part of the original
construction to serve a single unit, and authorized replacements and modifications
thereof, if located outside the unit's boundaries, are limited common elements
allocated exclusively to that unit."
11. Occupant. Any person(s)other than a unit owner in possession of or residing in a
Residential Unit.
12. Parking Area Expenses.All costs and expenses paid or incurred for the administration,
operation, management, maintenance, alteration, improvement,repair and replacement of
the parking area which is part of the Condominium as determined and assessed from rime
to time by the Board of Directors of the Association.
13. Person.A natural individual, corporation,partnership, trustee or other legal entity
capable of holding title to real property.
14. Security Interest. "Security interesY'means a perfected interest in real estate or personal
property, created by a contract or a conveyance, which secures payment or performance
of an obligation. The term includes a mortgagee's interest in a mortgage, a vendor's
interest in a contract for deed, a lessor's interest in a lease intended as security, a holder's
interest in a sheriffs certificate of sale during the period of redemption, an assignee's
interest in an assignment of leases or rents intended as security, a lender's interest in a
cooperative share loan, a pledgee's interest in the pledge of an ownership interest, or any
interest intended as security for an obligation under a written agreement.
15. Unit. "UniY'means a physical portion of a common interest community the boundaries of
which are described in the common interest community's declaration and which is
intended for separate ownership or separate occupancy pursuant Section 6 of Article II
hereof. The term, without a modifier, shall be deemed to mean a Residential Unit.
16. Unit Identifier. "Unit identifier"means English letters or Arabic numerals, or a
combination thereof, which identify only one unit in a common interest community and
which meet the requirements of Section S15B.2-104."
ARTICLE II
Submission of Condominium to Act; Act Requirements
1. Submission; Statement as to Type of Common Interest Community. Declarant
hereby submits the Property to the requirements and provisions of the Act. The common
interest community being established hereby is a condominium. '
2. Name of Common Interest Community.The Property shall hereafter be known as
"LAKE MINNETONKA MEADOWS, Common Interest Community Number 2035, a
condominium located in Hennepin County, Minnesota Condominium".
3. Division of Property into Separate Estates in Fee Simple Absolute. Declarant, in
accordance with the requirements and provisions of the Act and in order to establish a
plan of common interest ownership for the Condominium, does hereby divide the
Property comprising the same into 2 residential condominium units (each one of which is
herein called "Residential Unit"). Wherever the term "unit" is used herein, it shall be
deemed to mean Residential Units. Each unit is a separately designated and legally
described estate in fee simple absolute and consists of not only the unit but also its
undivided interest in the common elements in the percentage ascribed to it in Exhibit "A"
attached hereto and made a part hereof.
4. County in which Condominium Is Situated. The Condominium is situated in Hennepin
County, Minnesota.
5. Legal Description of Real Estate Included in Condominium, i.e.,the Property. The
legal description of the Property is as set forth in the first recital on the first page hereof.
6. Description of Boundaries of Unit. Each Residential Unit is bounded by its ceiling,
floor and walls and the treads and risers of any interior staircases. There are no Units
other than Residential Units.
7. CIC Ptat.The CIC Plat meeting the requirements of Section S 15B.2-1101 of the Act,
prepared by James H. Parker, a Licensed Land Engineer, Minnesota License No. 9235, is
incorporated herein by reference and made a part hereof. The CIC Plat is being filed in
the office of the Hennepin County Recorder as part of this Declaration.
8. Allocation of Common Elemeat Interest, Votes, and Common Expense and Parking
Area Expense Liabilities to Units; Description of Unit Identifiers.The percentage of
the undivided interest in the common elements, comrnon expense liabilities, and votes in
the Association allocated to each unit is as set forth in Exhibit "A" and the approximate
square footage of each unit. The basis for the allocation with respect to the percentage of
undivided interest in the common elements and the percentage of vote in the affairs of the
Association shall be the approximate square footage of each unit as compared to the total
of the allocation with respect to the percentage of common expense liabilities shall be the
approximate square footage of each Residential Unit as compared to the total of the
approximate square footages of all the Residential Units in the Condominium.
9. Bylaws. A true and conect copy of the Bylaws of the Association, as adopted by the first
P
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Board of Directors thereof. - .
10. Maximum Number of Units Which May be Created by Subdivision or Conversioa
of Units Owned by Declarant.No units may be created by the subdivision or conversion °
of any units owned by Declarant in the Condominium (pursuant to Section S 15B.2-112 of
the Act).
1 l. General Description of Limited Common Elements; Allocation of Those Not
Described in Sections 515B.2-102(d) and (fl of the Act. As provided in Sections
51 SB.2-102(d) and(fl of the Act(which are set forth verbatim in Section 10 of Article I
hereinabove),the limited common elements shall consist of any part of the common
elements which are reasonably necessary for the enjoyment and use of a particulaz unit or
particular units and exclusively serves that unit or those units including specifically,but
without limitarion, all exterior doors,windows,window panes and skylights designed to
serve one or more units but located outside the boundaries of the units(s). The
Condominium has no limited comman elements other than the ones described in Section
S 15B.2-102(d) and (fl of the Act (which are set forth verbatim in Section 10 of Article I
hereinabove).
12. Restriction on Use,Occupancy and Alienation of Units.Any resfictions on the use,
occupancy and alienation of units in the Condominium aze as set forth in Article IV
hereof. In general, all of the Residential Units are restricted to residential use.
13. Statements Pursuant to Section 515B.1-106 of the Act. The Condaminium has not
been created in violation of any zoning, subdivision, building, housing, environmental
protection,heritage preservation, or other real estate use law, ordinance, regulation,rule
or charger provision. Any conditions of any such Iaw, ordinance, regulation, rule or
charter provision have been complied with in the creation of the Condominium.
14. Association. Incorporation as a Non-Profit Corporation. The Association, LAKE
MINNETONKA MEADOWS, has been established under the Minnesota Non-Profit
Corporation Act(Chapter 317A of Minnesota Statutes, as amended).
15. Governing Body.The Association shall be the governing body for all of the owners of
units in the Condominium for the maintenance, repair, improvement, alteration,
administration and operation of the Condominium as proved in the Act and the CIC
Documents.
16. Duties and Powers; Conflicts. The duties and powers of the Association shall be those
set forth in its Articles of Incorporation, its Bylaws and this Declazation. In the case of
conflict between the Act and various of the CIC Documents, priorities shall be as set
forth in Section 5 of Article XII herein below.
17. Not Conducting Business.Neither the Board of Directors of the Association, the
Association itself, nor the owners shall be deemed to be conducting a business of any
kind.
18. Holding and Expenditures of Collected Funds. All funds collected by the Board of
Directors of the Association shall be held and expended for the purposes designated in
the CIC Documents and shail be deemed to be held for the benefit, use and account of all '
owners in the percentages set forth in Exhibit "A" attached hereto (except for any
adjustments as the Board may require to reflect any delinquent, prepaid or special
assessments)and shall be administered in accordance with the provisions of this
Declaration.
19. One Ctass of Membership. The Association shall have one class of inembership.
20. Nonexistence of Master Association.The Association and the Condominium are not
subject to a"Master Association" as the term is defined the Act.
21. Special Declarant Rights.
a. Period of Declarant Control.The direction and administration of the
Condominium and the Association shall be vested the Board of Directors of the
Association. The first Board shall consist of 3 directors appointed by Declarant.
Declarant shall control the Board for a period of time i) not exceeding the
_ expiration of 3 years after the first conveyance of a Residential Unit to a unit
owner other than Declarant, or an affiliate of Declarant, ii) its voluntary sunender
of control, or iii)no later than 60 days after conveyance of 75% of the Residential
Units in the Condominium to unit owners other than Declarant, or an affiliate of
Declarant, whichever occurs earliest. Thereafter,the owners(i.e.,members of the
Association) shall elect the members of the second and all successive Boards of
Directors which shall be 3 directors in size unless the membership of the
Association decides at a duly called meeting of the members to increase or reduce
the size. Persons elected shall take office upon election.
Notwithstanding anything hereinabove to the contrary, during the period of
Declarant control, Declarant shall have the right to appoint or remove the 3
members comprising the first Board of Directors of the Association, and to
designate their successors as may be required from time to time, or the exercise
the powers of the Board as provided in the Act.
b. Non-Interference with Declarant's Rights. No unit owner or Occupant may
interfere with Declarant's right under this subsection by amendment of this
Declaration, or the Articles and Bylaws of the Association or otherwise. In
particular, so long as Declarant owns at least one Residential Unit in the
Condominium, which Residential Unit is held for sale,the Association shall take
no action which adversely affects Declarant's ability to sell the Residential Unit
without the prior written consent of Declarant.
22. Completion of Improvements Indicated on CIC Plat and/or in this Declaration.
Declazant shall have the right to complete improvements indicated on the CIC Plat,
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including those shown therean as "Need Not Be Built", and/or allowed by this .
Declaration as amended from time to time.
23. Construction of Improvements. Declarant shall have and use easements for itself, its '
successors and assigns, and its employees, contractors, subcontractors, suppliers,
vendors, agents through the common elements of the Condominium for all purposes in
connection with the construction of improvements or rehabilitation of existing
improvements on the Property pursuant to Section S 15B.2-117 of the Act.
24. Maintenance of Sales Offices,Models, Etc.Declarant shall have the right to maintain
models, sales offices, management offices and advertising signs within or adjacent to the
Condominium. Furthermore, it reserves the right, in its sole discretion, to determine, from
time to time, the desired number, size and location of such sales offices, management
offices and models. With regard to signs,Declarant shall be entitled to maintain signs on
or in the common elements advertising the Condominium and promoting the sale of units
within the Condominium to the general public.
25. Statement as to Permissibility of Time Shares. Time shares are not permitted.
26. Legal Description of Units. The units shall be legally described as follows: "Unit 1,
LAKE MINNETONKA MEADOWS, Common Interest Community Number 2035, a
condominium located in Hennepin County, Minnesota Condominium", and "Unit 2,
LAKE MINNETONKA MEADOWS, Common Interest Community Number 2035, a
condominium located in Hennepin County, Minnesota Condominium."
27. Shoreland pursuant to Minn. Stat. § 103F.205.The Common Interest Community does
include shoreland, as defined in Minn. Stat. § 103F.2Q5 Subd. 4(1), and the common
interest community may be subject to county, township, or municipal ordinances or rules
affecting the development and use of the shoreland area
ARTICLE III.
Easements
1. Easements for Benefit of Declarant et al. Easements are hereby declared and granted
for the benefit of Declarant, its employees, servants and agents, for ingress and egress
over, across and upon the cornmon elements (including limited common elements}
described hereunder for the purpose of adding, subdividing,or converting any of
Declarant's units; provided,however, that the easements herein described shall terminate
no later than 60 days after the final completion by Declarant of the addition, subdivision
or conversion of Declarant's units within the Condominium. This is an easement in gross.
Declarant may assign its rights under this easement to successor Declarants.
2. Easements for Benefit of the Association to Enter Units. The Association shall have an
easement/access right, exercised by the Board of Directors or a designee of the Board, to
enter each unit from time to time during reasonable hours as may be necessary for the
administration and operation of the Condominium or for making emergency repairs _
therein or therefrom necessary to prevent damage to any unit or common element. The
easement described in this paragraph is an appurtenant easement and runs with the title to
the Units. The easement described in this paragraph inures to the benefit of and is binding '
on the Declarant, its successors and assigns, and any Owner,purchaser, mortgagee or
other person having an interest in said land, or any part or portion thereof.
3. Easements for Benefit of the Association and Declarant to Maintain and Repair
Parking Area. 'fhe parking/driveway area shall be subject to an easement in favor of the
Association, the Declarant, or the agents, servants, employees or assigns of the
Association or the Declarant, for the maintenance, repair, alteration and improvements of
the parking area. The easement described in this paragraph is an appurtenant easement
and runs with the title to the Units. l'he easement described in this paragraph inures to the
benefit of and is binding on the Declarant, its successors and assigns, and any Owner,
purchaser, mortgagee or other person having an interest in said land, or any part or
portion thereof.
4. Easements for Encroachments. In the event that,by reason of the construction,
reconstruction, rehabilitation, alteration, improvement, settlement or shifting of the
building(s} any part of the common elements encroach or shall hereafter encroach upon
any part of the common elements or upon any other part of another unit, or if by reason
of the design or construction of utility systems and ventilation systems, any main, pipe,
duct or conduit serving more than one unit encroaches or shall hereafter encroach upon
any part of any unit, valid easements for the maintenance of such encroachments and for
such use of the common elements are hereby established and shall exist for the benefit of
such units, and the unit owners, and the common elements, as the case may be, so long as
all or any part of the building(s) shall remain standing; provided, however, that in no
event shall a valid easement for any encroachment or use of the common elements be
created in favor of any unit owner if such encroachment or use is detrimental to or
interferes with the reasonable use and enjoyment of the Condominium or any portion
thereof by the other unit owners and if it occurred due to the willful conduct of any unit
owner. The easement described in this paragraph is an appurtenant easement and runs
with the title to the Units. The easement described in this paragraph inures to the benefit
of and is binding on the Declarant, its successors and assigns, and any Owner, purchaser,
mortgagee or other person having an interest in said land, or any part or portion thereof.
5. Easement for Use, Enjoyment and Support of Common Elements and Limited
Common Elements. Each unit and its respective owner(s) shall be subject to and shall
have appurtenant thereto a permanent, non-exclusive easement in the common elements
for ingress to and egress from it,utility services for it, support for it, maintenance and
repair of it and the common elements and for similar purposes. Each owner shall have the
non-exclusive right to use the common elements (but not the limited common elements)
in common with all other owners, as may be required for the purposes of access, ingress
to and egress from, use, occupancy and enjoyment of each respective unit. Such right
shall extend to each owner,his agents,servants,tenants, family members, invitees and
licensees;provided, however, that the Association may prohibit an owner,his agents,
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servants, tenants, family members, invitees and licensees from using the amenities •
located on the common elements if such owner fails to pay assessments for common
expenses when due. Each owner shall have the right to the exclusive use and possession
of the limited common elements contiguous to or otherwise assigned to his Residential '
Unit unless such limited common elements is intended to serve more than on Residential
Unit, in which case the owner shall have non-exclusive easement for the use of such
limited common element. Such rights to use and possess the common elements, including
the limited common elements, shall be subject to and governed by the CIC Documents
and the Act.
6. Easements for Certain Utilities.The Board of Directors of the Association may
hereafter grant easements for utility purposes for the benefit of the Condominium
including the right to install, lay,maintain,repair and replace water mains and pipes,
sewer lines, gas mains, telephone wires and equipment, and electrical conduits and wires
over, under, across, along and on any portion of the common elements, and each unit
owner hereby grants said Boazd of Directors an irrevocable power of attorney to execute,
acknowledge, and record, for and in the name of each such unit owner, such instruments
as may be necessary to effectuate the foregoing. The easement described in this
paragraph is an appurtenant easement ana runs with the title to the Units. The easement
described in this paragraph inures to the benefit of and is binding on the Declarant, its
successors and assigns, and any Owner, purchaser, mortgagee or other person having an
interest in said land, or any part or portion thereof.
7. Easements Through Walts; Within Walls. Easements are hereby declared and granted
to install, lay,maintain, repair and replace any wires, pipes, ducts, conduits, public utility
lines or structural components running through the walls of the units, whether or not such
walls lie in whole or in part within the unit boundaries. The easement described in this
paragraph is an appurtenant easement and runs with the title to the Units and the
Common Elements. The easement described in this paragraph inures to the benefit of and
is binding on the Declarant; its successors and assigns, and any Owner, purchaser,
mortgagee or other person having an interest in said land, or any part or portion thereof.
8. Easement for Building Encroachment,Building Maintenance and Ingress and
Egress.The Common Elements are subject to and each Unit and the Common Elements
are benefited by a permanent, non-exclusive easement in the Common Elements for
ingress to and egress from the Units; utility services and support for the Units; and
maintenance and repair of the Units and the Common Elements and for similar purposes.
The Units and the Common Elements are subject to an easement for any encroachments
resulting from the construction,reconshuction,repair, shifting, settiement or other
movement of Units and Common Elements. The easement described in this paragraph
inures to the benefit of and is binding on the Declarant, its successors and assigns, and
any Owner, purchaser, mortgagee or other person having an interest in said land,or any
part or portion thereof.
ARTICLE IV. �
Restrictions,Conditions and Covenants '
1. Membership in Associallon. A unit by virtue of such interest be a.member of the
Association and shall remain a member of said Association until such time as his interest
in the Condominium ceases for any reason, at which time his membership in said
Association shall automatically cease. When one or more persons hold an interest in a
unit, all such persons shall be members.
2. Compliance with Provisions of CIC Documents. Each unit owner and occupant of a
unit shall comply with all of the provisions of the CIC Documents and failure to comply
with any such provisians shall be grounds for an action to recover damages or for
injunctive relief.
3. Administration of Condominium.The administration of the Condominium shall be in
accordance with the provisions of this Declaration and the Bylaws of the Association.
4. Prohibition of Exemption from Liability for Contribution Towards Common
Expenses.No unit owner may exempt himself from liability for his contribution of his
proportionate share of the common expenses of the Condominium, as assessed by the
Association, by waiver of the use or enjoyment of any of the common elements or by the
abandonment of his unit.
5. Purposes for Which Units are Restricted as to Use; Restrictions on Ownership and
Conveyancing.Residential Units.All of the Residential Units in the condominium shall
be used and occupied exclusively for private residential purposes by the owners thereof
and their families, tenants and social guests and for no other purposes; provided,
however, that they may, in addition,be used and occupied for the purposes, businesses,
occupations and activities described in more detail in Section 16 of this Article IV
hereinafter.
6. Nuisances.No noxious or offensive activity shall be cazried on in any unit or in the
common elements, nor shall anything be done therein, either willfully or negligently,
which may be or become an annoyance or a nuisance to other unit owners or occupants.
7. Hazardous Use and Waste; Conservation of Energy.Nothing shall be done or kept in
any unit or in the common elements which will increase the rate of insurance, electricity,
natural gas or any other energy or utility charges of the Condominium without the prior
written consent of the Board of Directors of the Association. No unit owner or occupant
shall permit anything to be done or kept in his unit or in the common elements which will
result in the cancellation of insurance on the Condominium,or the contents thereof, or
which would be in violation of any law. No waste shall be committed in the common
elements. Water, heat, air conditioning, electricity or other forms of energy or utilities
shall not be wasted but instead shall be conserved.
8. Obstructions of Common Elements.There shall be no obstruction of the common
elements nor shall anything be stored in the common elements without the prior consent
of the Board of Directors of the Association except as herein expressly provided. -
9. Exterior Exposure of Building.No unit owner or occupant shall cause or permit
anything to be hung, displayed, or placed in window (with the exception of draperies,
blinds, shades and natural plants), on the outside of exterior doors, or on the outside walls
of the building, and no signs shall be a�xed to or placed upon the exterior walls or roof
or any part thereof, without the prior written consent of the Boazd of Directors of the
Association. The Board of Directors may promulgate regulations concerning uniform and
harmonious window treatments which shall be binding upon all unit owners in the
Condominium.
10. Restrictions on Alienation of Units.There are no restrictions on the alienation of units
by reason of age, race, sex, marital status or religion.
11. Impairment of Structural or Mechanical Integrity of Unit or Building. Nothing shall
be done, placed, installed or erected in any unit or in,upon or to the common elements,
which would impair the structural or mechanical integrity of the building or which would
structurally change the building except as is otherwise provided herein.
12. Alterations of Units or Common Elements.An owner of a Residential may make any
improvements or alterations to his Residential Unit, not otherwise prohibited by the CIC
Documents, so long as they do not impair or reduce the structural integrity, the
mechanical systems, the sound insulation quality or the support of any portion of the
Condominium. After acquiring an adjoining Residential Unit, an owner, with the consent
of the Board of Directors of the Association and the first mortgagees of the affected
Residential Units, may remove or alter any intervening partition,or create appurtenances
thereto, even if the partition in whole or in part is a common element, if those acts do not
impair the structural integrity, the mechanical systems or the sound insulation quality or
lesson the support of any portion of the Condominium. The adjoining owner shall have
the exclusive license to use the space occupied by the common elements,but such use
shall not create an easement or a vested right. Removal of partitions or creation of
apertures under this Section is not an alteration of unit boundaries.
13. Reasonable Requirements of Association; Indemnification for Unit or Common
element Alterations. With respect to the removal of partitions or creation of apertures
described in the last three sentences of the previous Section hereof, the Board of
Directors of the Association may reasonably require the owners of the affected
Residential Units to replace or restore any such partition or aperture, and prior to
consenting to such alteration, the Board shall require plans and specifications therefore
which plans and specifications shall not be modified after approval by the Board unless
the Board has also approved such modifications. The Board shall further require that the
owner(s) requesting its approval furnish adequate assurances that the Association and
other owners will be indemnified and held harmless from mechanics' liens or other claims
arising from structural alterations or modifications of the Residential Units or common -
elements. The Board of Directors of the Association shall be entitled to require that the
owner(s)requesting its approval provide a deposit or other assurance that any removed or
altered common element will be repaired or restored as required. '
14. Relocation of Boundaries Between Adjoining Residential Units.The boundaries
between adjoining Residential Units may be relocated in accordance with Section
S 15B.2-114 of the Act provided,however, that no unit may be so modified by relocation
of the described in Section 12 of this Article IV. Such relocation may be accomplished by
amendment to this Declaration upon application to the Association by the owner(s) of the
adjoining Residential Units. The owner(s)of the adjoining Residential Units shall specify
in the application the proposed reallocation between the Residential Units of the
Residential Units'comman element interest, votes in the Association and common
expense liabilities. Unless the Board determines within 60 days after receipt of the
application by the Association that the proposed application is not in the best interests of
the Condominium, the owner(s)may prepaze and file an amendment executed by the
owner(s) and by any holder of a security interest in the Residential Units whose
boundaries are being reallocated, which shall identify the Residential Units involved,
contain words of conveyance between the owner(if more than one) and contain a written
consent of the Association. Upon filing the amendment in the office of the Hennepin
County Recorder, the amendment shall be indexed in the name of the grantor and the
grantee. The amendment shall include an amended CIC Plat, showing the altered
boundaries between the adjoining Residential Units and their dimensions and identifying
numbers. If the holder of a security in the adjoining Residential Units joins in the
amendment, the extent of its/their security interest(s)shall be deemed modified as
provided in the amendment. The Association shall incur no liability to any party by
reason of performing those acts enumerated in this Section. Notwithstanding anything
herein to the contrary, the Association may require the owner(s) of the affected
Residential Units to build a boundary wall and other common elements between the
Residential Units. After the amendment has been filed, the applicant(s) shall deliver a
certified copy of the amendment to the Association.
15. Pets.The policy of the Condominium with respect to pets shall be as established in the
initial regulations relating thereto in the Rules and Regulations promulgated by the first
Board of Directors of the Association and as those pet regulations may from time to time
be amended by the Board of Directors at any meeting thereof provided notice of such
meeting is accompanied by the proposed pet regulations set out verbatim. A copy of such
pet regulations shall be provided to a buyer of the unit being resold.
16. Home Occupations; Other Permitted and Prohibited Activities; and Signs.
Notwithstanding anything in Section 5 of this Article IV to the contrary, a unit owner or
occupant may engage within the boundaries of his unit in a home occupation, that is, a
use which is incidental and secondary to the principal use of the unit for residential
purposes and does not change the character thereof including, but not limited to, office
and studio uses, and such other uses which by custom are considered accessory to a
dwelling; provided, however, that no sign advertising such occupation shalt be displayed
and further provided,however, that in the event all of the other members of the •
Association, at a special meeting called for such putpose, vote to require the termination
of such occupation because of its objectionable effect on the Condominium, such unit
owner or occupant shall forthwith thereafter cease and terminate such occupation. "
Other than such home occupation, no industry, business, trade,occupation or profession
of any kind, commercial, religious, educational or otherwise, designed for profit,
altruism, exploration or otherwise, shall be conducted,maintained or permitted on any
part of the Condominium. Except as approved in writing by the Board of Directors of the
Association, no "For Sale" or "For Rent" signs or other window displays or advertising
shall be placed,maintained or permitted by any unit owner or occupant on any part of the
Condominium or in any unit therein.
]7. Laundry and Rubbish in Common Elements. Except in areas specifically designed and
intended for such purposes, no clothes, sheets,blankets, laundry of any kind or other
articles shall be hung out or exposed in any part of the common elements. In addition, the
common elements shall be kept free and clear of rubbish, debris and other unsightly
materials.
18. Lounging or Ptacement of Things in Common Elements. Except in area.s specifically
designed and intended for such purposes, if any, there shall be no playing, lounging, or
placement or parking of baby carriages or playpen,bicycles, wagons, toys, vehicles,
benches, chairs or any other type of personal property on any part of the common
elements, except as herein otherwise expressly provided.
19. Rules and Regulations. In addition to the foregoing restriction, conditions and covenants
concerning the use of the Condominium, reasonable Rules and Regalations, not in
conflict therewith and supplementary thereto, may be promulgated and amended from
time to time by the Boazd of Directors of the Association. Copies of the Rules and
Regulations of the Condominium, and amendments thereto, shall be furnished by the
Association to each unit owner.
20. Leasing of Residential Units. Subject to the limitations, restrictions, terms and
conditions which may, from time to time,be promulgated by the Board of the
Association and included in the CIC Documents in generaI or in the Rules and
Regulations in particular, unit owners shall have the right to rent their Residential Unit(s)
provided that:
a. Units Rented in Their Entireties. Units must only be rented in their respective
entireties.
b. Necessity of Lease or Rental Agreement. The rental arrangement shall be
evidenced by a written rental agreement or lease(the "Lease") in which the tenant
agrees to be bound by the CIC Documents including particularly, but without
limitation, the next succeeding subsections hereof.
c. Board's Role as Intervenor in the Event of Tenant's Violation; Copy of Lease to
be Filed with Association Secretary; Continuing Obligation to Update Lease
Information and Documentation. The unit owner and tenant shall agree in the -
Lease that if tenant is in violation of any of the terms of the CIC Documents and
such violation shall continue after 30 days'written notice to the unit owner, the
Board of Directors of the Association shall have the right to terminate the Lease . '
and to bring an unlawful detainer action to remove the tenant from the rented
Residential Unit(s). To enable the Association to fulfill this role as intervenor, the
unit owner must provide the Association-at the outset of the rental arrangement
(in order for the Lease to be valid),with a copy of the Lease which shall contain,
among other things (including those described herein), the name of the tenant(s)
and all occupants of the unit and the length of the term thereof(which shall
comply with the next subsection hereo fl. Delivery of the copy of the Lease shatl
be made to the Secretary of the Association. This duty shall continue for so long
as the unit is rented out, and, thus, the unit owner shall be obligated to furnish the
Association with the requisite documentation and information each time the unit
is sublet or leased to a new subtenant or new tenant or whenever the term of the
Lease is extended or renewed with an existing tenant.
d. Minimum Term of Lease; No Transient or Hotel Anangements or Services. The
Lease shall be for a teim of not less than 6 months and shall specifically exclude
customary hotel services such as food and beverages service, maid service, and
laundry,linen, and bellboy services.
e. Unit Owner's Duty to Furnish Pertinent Documentation and Information to
Tenant. Each unit owner shall have the following duties in every lease or rental
arrangement; (i)to furnish his tenant with copies of those provisions of this
Declaration, Rules and Regulations and any other CIC Documents which pertain
to the leasing and rental of Residential Units, and(ii) to see that the tenant
complies with all of the pertinent provisions of this Declaration, the Rules and
Regulations and other CIC Documents.
None of the foregoing limitations shall apply to Declazant which shall not be subject to
any lease or tenancy restrictions imposed by this Declaration or any Rules and
Regulations promulgated by the Board of Directors of the Association.
21. Restrictions,Conditions and Covenants to Run With Land. Each grantee of
Declarant, by the acceptance of a deed of conveyance, and each unit owner who acquires
such interest hereafter, accepts such deed or such interest, as the case may be, subject to
all restrictions, conditions, covenants, reservations, liens and charges, and the
jurisdiction, rights and powers created or reserved by this Declaration and in prior
instruments, and all rights, benefits and privileges of every character granted, created,
reserved or declazed in this Declaration, and all impositions and obligations hereby
imposed shall be deemed and taken to be covenants running with the land, and shall bind
any person having at any time any interest or estate in said land, and shall inure to the
benefit of the unit owner in like manner as though the provision of this Declaration were
recited and stipulated at length in each and every deed of conveyance.
22. Non-Waiver of Covenants.No covenants, restrictions, conditions, obligations or
provisions contained in this Declaration shall be deemed to have been abrogated or
waived by reason of any failure to enforce the same, irrespective of the number of -
violations or breaches which may occw.
ARTICLE V. "
Management,Maintenance,Repairs,
Alterations and Improvements
1. Common Elements.
i. Association.The Association shall be responsible for the maintenance,repair,
alteration, improvement and replacement of the common elements including
limited common elements. Nothing herein shall be construed so as to preclude the
Association from delegating to such persons of its choice such duties as may be
imposed upon it by the terms of this Article.
ii. Unit Owner. In addition to observing the covenants set forth in the previous
Article hereof, each unit owner shall be responsible for promptly repairing any
and all damage to or destruction of any unit(s) or any common elements caused
by his failure promptly to perform necessary maintenance and repairs to such
owner's unit or caused by his negligent acts or omissions, or those of any
occupant of his unit, or those of any invitee, licensee,or guest of his within 30
days after such damage occurred or any extension of such 30 day period granted
in writing by the Association or to bear the cost thereof to the extent not covered
by insurance(if applicable). Nothing herein contained, however, shall be
construed so as to modify any waiver by insurance companies of rights of
subrogation.
2. Units
i. Unit Owner. Each unit owner is responsible for the maintenance,repair,
alteration and impravement of his Residential Unit. This responsibility includes
all internal installations within the unit which serve exclusively just the unit such
as appliances,heating, plumbing, electrical and air-conditioning fixtures or
installations, and any portion of any other utility service facilities located within
the boundaries of the unit and serving just the unit.The unit owner shall perform
his responsibilities in such a manner as not to unreasonably disturb other persons
residing within the Condominium or any other unit in the Condominium.
'The unit owner shall repair and replace, at his expense, to the extent that such
expense is not covered by the proceeds of insurance carried by the Association, if
applicable, any portion of another unit and/or the limited common elements
appurtenant to it which has been damaged or destroyed by reason of his negligent
act or omissions, or the acts or omissions of any occupant of his unit, or the acts
or omissions of any invitee, licensee or guest of such unit owner or occupant
within 30 days after such damage has occurred or any extension of such 30 day
period granted in writing by the Association. Nothing herein contained,however,
shall be construed so as to modify any waiver by insurance companies of rights of -
subrogation.
If such owner fails to do the required remedial work,the Association may do it or "
have it done and send a statement for all costs incurred including administrative
charges. The amount shown on such statement shall be considered a common
expense which has been assessed by the Association(i.e., an assessment) and,
accordingly, all of the provisions in this Declaration and the Bylaws relating to
assessments shall apply thereto including specifically,but not limited to, Section
7 and 8 of Article VI hereof and all of the Sections in Article VII hereof
In doing the remedial work the unit owner shall perform his responsibilities in
such a manner as not to unreasonably disturb other persons residing within the
Condominium or any other unit in the Condominium.
ARTICLE VI.
Assessments, Charges,Liens for Assessments aad Taxes;
Required Funds and Reserves
1. Obligations of Unit Owners to Pay Assessments. Each owner of a Residential Unit
shall be liable for the portion of common expenses allocated and assessed to his
Residential Unit. Each owner of a Residential Unit shall be liable for the portion of
Pazking Area Expenses allocated and assessed to his Residential Unit(s).
2. Assessments for Common Expenses,Parking Area Expenses and Expenses
Benefiting Less Than All Units.Assessments for common expenses and Parking Area
Expenses shall be govemed by Section S 15B.3-115 of the Act.They shall be allocated
among the Residential Unit Owners on the basis of the percentage of common expense
liability set forth on Exhibit "A" attached hereto. In addition, the Board may assess
certain common expenses against fewer than all of the units as follows:
a. Maintenance,Repair or replacement of Limited Common Element. Any
common expense associated with the maintenance,repair or replacement of a
limited common elernent shall be assessed against the unit or in equal shares
against the units to which the limited common element was assigned at the time
the expense was incurred; or
b. Common Expenses Benefiting Less Than All Units.The Board may assess any
common expense for projects benefiting less than all of the units against the units
benefited; or
c. Costs and Attorney's Fees.The board may assess any costs and attorney's fees
relating to the enforcement of the provisions of the CIC Documents, the collection
of any delinquent assessments or the foreclosure of any Association lien against
the unit of the owner who is in violation of the provisions of this Declaration or
delinquent in the payment of assessments. _
3. Preparation of Proposed Budget and Levying of Assessment.The first Board of
Directors (appointed by Declarant) shall determine and adopt, prior to conveyance of the '
first unit hereunder, an initial budget for the period commencing with the first day of the
month in which the sale of the first unit is closed and ending on December 31 st of such
calendar year. Each year thereafter,before December l, the Board of Directors shall
estimate the total amount necessary to pay the common expenses and the Parking Area
Expenses which will be required during the ensuing calendar year together with the
reasonable amount considered by the Board to be necessary for reserves for such things
as maintenance, alterations and improvements, reconstruction and repair, and
emergencies. No later than December 1 of each year, the Board of Directors shall provide
or mail to each of the unit owners a copy of said budget and a notice advising the unit
owner of the estimated amount of the assessment he shali pay in the next calendar year
which shall be in accordance with the allocation of common expense liability set forth in
Exhibit "A" attached hereto.
4. Payment of Assessments in Installments and When Due. On or before January 2 of the
year following the levying of an assessment as provided in the previous Section hereof,
and the first of each and every month of said year thereafter, each member shall be
obligated to pay to the Board of Directors,or as it may direct, 1/12th of the assessment
levied pursuant to the preceding Section hereof. In addition, each owner shall pay
assessments levied against his unit(s)when the same become due.
5. Special Assessments. In addition to the annual assessments levied on or before
December 1 of each year, as provided hereinabove in Section 3 of this Article VI, the
Board of Directors may in its discretion levy special assessments at such other and
additional times as in its judgment are required for the proper management,maintenance
and operation of the common elements or to defray the costs of any unforeseen or
unbudgeted common expense, including without limitation the unexpected construction,
reconstruction,replacement or repair of a capital improvement and including fixtures and
personal property related thereto.
6. Failure to Prepare Annual Budget and Levy Annual Assessment.The failure or delay
of the Board to prepare the proposed annual budget and to levy assessments upon each
member as provided in Section 3 of this Article VI shall not constitute a waiver or retease
in any manner of such members obligation to pay annual assessments, whenever the same
shall be determined, and in the absence of any annual budget, each unit owner shall
continue to pay the monthly assessment at the then existing monthly rate until he shall
have received the new annual assessment levied against him.
7. Fees, Charges, Late Charges, Fines & Interes� Fees(including attorney's fees),
charges, late charges fines and interest charges provided for in Sections S 15B.3-
102(a)(10), (11) and (12} and S15B.3-115(e)(4) and(5)of the Act shall be deemed to be
assessments and will constitute a lien and be enforceable in accordance with Section
S 15B.3-116 of the Act. Any such fees and charges shall also be a personal obligation of
the unit owner or occupant against whose unit the same have been imposed. .
The Board of Directors shall from time to time establish for the Association an interest
rate to accrue on the amount of past due installments of assessments or assessment which '
shall commence to accrue 14 days after the particular assessment or installment of
assessment was due until paid in full. If the Association has failed to establish such
interest rate at the time any unit owner fails to pay an assessment or installment of
assessment by the date it is due, the rate of interest shall be deemed to be the rnaximum
amount allowable under Section 549.09 of Minnesota Statutes, as amended. In no event
shall any interest rate established by the Board of Directors exceed the interest rate
provided for in said Section 549.09.
8. Lien for Assessments.The Association has a lien on a unit for any assessment levied
against that unit from the time the assessment becomes payable as is more specifically
described and provided for in Section S 15B.3-116 of the Act. The Association lien may
be foreclosed as provided by the laws of the State of Minnesota as if it were a lien under
a mortgage containing a power of sale. The rights of the parties shall be the same as those
provided by law except that the period of redemption for unit owners shall be 6 months
from the date of sale.
The lien is prior to all other liens and encumbrances on a unit except the following:
a. Liens and encumbrances recorded before the recordation of this Declazation.
b. Any recorded mortgage on the unit securing a first mortgagee, and
c. Liens for real estate taxes and other governmental assessments or charges against
the unit.
The recordation of this Declazation constitutes record notice and perfection of the lien.
No further recordation of any claim of lien for assessment is required under Section
S 15B.3-116 of the Act or hereunder.
9. Liability in a Voluntary or Involuntary Conveyance of a Unit; Statements; Binding
Effect of Statement. Except as provided in Section 21 of Article XI hereof, in a
voluntary or involuntary conveyance of a unit, the grantee of the unit shall be jointly and
severally liable with the grantor for all unpaid assessments against the unit which the
Board levied prior to the time of conveyance,without prejudice to the grantee's right to
recover from grantor the amounts paid by the grantee therefore. However, the
Association must furnish to the grantee, or his authorized agent,upon written request of
the grantee or his authorized agent, a recordable statement setting forth the amount of
unpaid assessments currently levied against his unit. The statement shall be furnished
within ten(10)business days after receipt of the request and shall be binding on the
Association, that is, grantee shall not be liable for, nor shall the unit conveyed be subject
to, a lien for any unpaid assessments made by the Association against the grantor in
excess of the amount therein set forth. In addition, grantor and the Association shall
comply in all respects with the requirements of Section S15B.4-107 of the Act.
10. Real Estate Taxes and Assessments.Real estate taxes and governmental special and
annual assessments (the "Real Estate Taxes") shall be separately levied against the
Residential Units and the corresponding percentage of ownership interest in the common .
elements appurtenant thereto owned by an individual owner as provided in the Act. In the
event for any year the real Estate Taxes are not levied separately against the Residential
Units and the common element interest of individual owners, but instead are levied `
against the real estate constituting the Condominium as a whole, the Board shall pay such
Real Estate Taxes as they become due and treat the amounts paid as a cornmon expense
of the Association. Prior to February 1 st of any year for which it is anticipated that the
Association witl be responsible for the payment of Real Estate Taxes, the Board shall
levy a special assessment in the anticipated amount of such Real Estate Taxes against the
individual units on the basis of each unit's percentage liability for common expenses or
on the basis of estimated actual tax liability of each owner's unit(s) and interest in the
common elements together with an amount sufficient to establish a reasonable reserve to
be used in the event of non-payment by a portion of the unit owners. If necessary, the
Board shall have the authority,but not the obligation, to advance funds in payment of all
or a portion of such Real Estate Taxes pending receipt from the owners of their
proportionate shazes thereof.
I 1. Prohibition of Delinquent Owner from Using Amenities and VoNng.The Board of
Directors of the Association shall have the authority to prohibit any owner from using
any amenities in or upon the common elements if such owner is delinquent in the
� payment of any installment of any assessment and such owner shall not have the right to
vote on any Association matters or in any election of the Board if such owner is
delinquent in the payment of any installment of any assessments.
12. Advance Contribution for Start-Up Cost. At the time of the initial sale of each unit is
closed, the purchaser of the unit shall pay the Association an amount equal to 2 times the
first full monthly installment of assessments for such unit. The Association shall use and
apply this sum for start-up costs and as an operating fund in connection with all initial
operating expenses for the common elements. This payment is non-refundable and shall
not be applied as a credit against the owner's monthly installments of assessments. Under
no circumstances shall Declarant have any obligation to pay the aforementioned sum so
long as Declarant is the owner of a unit and holds such unit for sale or as a model.
13. Reasonable Reserve for Contingencies and Replacements. The Association shall
establish,maintain and augment a reasonable reserve for contingencies and replacements
and to provide an adequate reserve to meet the obligations of the Association in the event
that a portion of the unit owners default in the payment of assessments, which reserve
shall be segregated and allocated for specific purposes. Extraordinary expenditures not
originally included in the annual estimate which may become payable during the year
shall be charged first against such portion of the contingency and replacement reserve
which remains unallocated. If the estimated cash requirement proves inadequate for any
reason or in the event'of a nonrecumng common expense is anticipated for any yeaz, then
the Board may prepare and approve a supplemental budget covering the estimated
deficiency or nonrecurring expense for the remainder of the year, copies of which shall
be furnished to each owner, and thereupon a separate assessment, shall be made to each
owner for his proportionate share of such supplemental budget. All owners shall be
personally liable for and obligated to pay their respective adjusted amount. _
ARTICLE VII.
Compliance and Default �
1. Compliance. Each unit owner shall be governed by and shall comply with the terms,
conditions, obligations and provisions of the CIC Document and the provisions of the
Act, as the same may be amended from time to time.
2. Defauit and Remedies; Acceleration Clause. A default in or failure to comply with any
of the terms, conditions, rules,obligations and provisions of the CIC Documents and the
Act by any unit owner; occupant of his unit, or invitee, licensee or guest thereof sha11 be
grounds for relief which may include,without intending to limit the same or to constitute
an election of remedies, an action to recover sums due for damages, and injunction,
foreclosure of a lien, or any combination thereof, and which relief may be sought by the
Association, or if appropriate, by the other aggrieved unit owners, or both. Attorney's fees
and costs shall be recoverable in any such action or even in effecting remedy of the
default or collection of any sums due without having to resort to such action. In no case
may a unit owner, or occupant, withhold any assessments due and payable to the
Association, or take(or omit)other action in violation of the CIC Documents or the Act
as a measure to enforce such unit owner or occupant's position,or for any other reason.
If a unit owner fails to perform any obligation under the CIC Documents or the Act(the
"Defaulting Unit Owner")then the Association may(but is not obligated to) perform the
same for the Defaulting Unit Owner's account and for such purposes may enter upon the
premises of the Defaulting Unit Owner's unit to do such work and to incur such expenses
or other sums as are reasonably deemed by the Association as necessary to cure the
default, and for such expense shall levy a special assessment against the unit owned by
such Defaulting Unit Owner and set it forth on a statement to tie given to the Defaulting
Unit Owner. Such special assessment shall be due thirty(30) days after its being given to
the Defaulting Unit Owner.
Installments of regular and special assessments are due on the first day of each month,
and special assessments not payable in installments shall be due 30 days after their being
given to a unit owner. A unit owner becomes a "Defaulting Unit Owner" by failing to
make payment of an installment of a regular or special assessment by the fifteenth day of
a month, or by failing to make payment of a special assessment by the date it was due. In
the even a unit owner has become a Defaulting Unit Owner,the Association may asses,
and the Defaulting Unit Owner shall be obligated to pay, a reasonable charge and/or
penalty for each such unpaid assessment or installment thereof, together with interest as
proved in Section 8 of this Article VII, and all expenses, including reasonable attorneys'
fees incurred by the Association in any attempt or proceeding brought to collect any such
unpaid assessment. In the case of a failure on the part of the Defaulting Unit Owner to
pay an installment of assessments or assessment more than 30 days after it was due,the
Association may opt to accelerate the remaining installments or balance of the assessment
upon written notice thereof to the Defaulting Unit Owner, and thereupon the entire
unpaid balance of the assessment with all accrued interest shall become due and payable .
upon the date stated in the notice.
In addition to the foregoing, the Association is hereby entitled to impose reasonable fines, '
penalties, or chazges for each violation of the CIC Documents and to suspend any rights
of a unit owner, or occupant and/or their guest,to use any recreational facilities or
common elements except limited common elements appurtenant to the unit and those
portions of the common elements providing utility service and ingress and egress to such
unit owner, or occupant and/or their guests, to use any recreational facilities or common
elements except limited common elements appuRenant to the unit and those portions of
the unit common elements providing utility service and ingress and egress to such unit
owner's unit, any such suspension being limited to the period of default by the unit owner
or occupant and for up to 30 days thereafter for each violation.
3. Hearing in Certain Cases. In case the Association desires to impose a fine, penalty or
charge for a violation of any provision(s)of the CIC Documents, or to suspend the rights
of any unit owner, or occupant and/or guest thereof,to use any common elements which
were damaged or altered, or suffered or allowed to be damaged or altered, by any unit
owner, or occupant andlor guest thereof, in violation of any provision(s)of the CIC
Documents, and to assess the costs of such restoration against the Defaulting Unit Owner,
it shall cause to be mailed or delivered to the Defaulting Unit Owner, or occupant, written
notice specifying the general nature of the violation and the remedy to be imposed which
notice must be delivered at least 10 days prior to the effective date of such imposition.
The Defaulting Unit Owner, or occupant, shall have the right,upon written notice
delivered to the Association within the aforesaid 10 day period, to have a hearing
conducted before the Board of Directors. The hearing shall be set at a reasonable time
and place, with reasonable notice to the parties involved,but in no case later than 30 days
after the request for a hearing. If a hearing is requested,the remedy imposed shall not
take effect until the hearing is completed or the matter is otherwise resolved by mutual
agreement of the Defaulting Unit Owner and the Association and/or other unit owners,
whichever event occurs first.The decision of the Boazd of Directors shall be final and
binding on ali the parties. The decision shall be delivered in writing to the Defaulting
Unit Owner or occupant involved. �
4. Notice of Default and Failure to Cure.A unit owner shall be considered to be in default
if he has failed to make payment to the Association by the due date specified in Section 2
of this Article VII. He shall not be considered in default of his non-monetary obligations
under the CIC Documents or the Act unless he shall have failed to cure or correct such
default in the manner and within the time specified in a written notice given to him by the
Association. That notice shall specify the nature of the default, the cure thereof, and the
time within which the cure shall be effected.
5. Remedy of Abatement in Addition to Other Remedies. In the event the Defaulting
Unit Owner fails to effect the cure specified by the Association in the notice of default,
within the time specified in such notice, where the default is a structure, thing or
condition existing in or on the premises of the Defaulting Unit Owner's unit in which, on
which, or as to which such default exists and summarily to abate and remove, at the .
Defaulting Unit Owner's expense, the structure,thing,or condition constituting the
default, and the Association, and his agents, employees and representatives, shall not
thereby be deemed guilty in any manner of trespass. The costs of such abatement and �
removal shall be specially assessed to the Defaulting Unit Owner.
6. Monetary Liability of Defaulting Member. Each unit owner shall be liable for the
expense of any maintenance, repair or replacement necessitated by his act, omission,
neglect, or carelessness or by that of any member of his family or his or their guest,
employees, agents, lessees, invitees, or licensees,but only to the extent that such expense
is not met by the proceeds of insurance carried by the Association. Such liability shall
include any increase in any insurance rates occasioned by use, misuse, occupancy or
abandonment of any unit or its appurtenances. Nothing herein contained, however, shall
be construed so as to modify any waiver by insurance companies of rights to subrogation.
7. Recovery of Attorneys' Fees and Costs. As provided in Section 2 of this Article VII of
this Declaration and Section S15B.3-115(e)(4)of the Act, the Association shall be
entitled to recover reasonable attorneys' fees and costs incurred by the Association in any
proceeding brought to collect an unpaid assessment or installment of assessment from the
Defaulting Unit Owner or to foreclose a lien for the amount thereof on the Defaulting
Unit Owner's unit. In any proceeding arising because of an alleged non-monetary default
by the Defaulting Unit Owner, the prevailing party shall be entitled to recover the costs of
such proceeding and such reasonable attorneys' fees and costs as may be allowed by the
court.
8. Recovery of Interest. The Association shall be entitled to recover from the Defaulting
Unit Owner who has defaulted in the payment of assessments due the Association, or has
committed a non-monetary default which has necessitated the Association expending
money to cure the default, interest on the amount due which shall commence to accrue 14
days after the particular assessment, installment of assessment or amount due the
Association for its curing the Defaulting Unit Owner's default was due until paid in full.
The interest rate shall be that rate which the Board of Directors has established at the time
of the Defaulting Unit Owner's default or, if the Association has not established an
interest rate, then the rate shall be that rate which is provided under Section 549.09 of
Minnesota Statutes, as amended. In no event shall the interest rate exceed the highest rate
allowed by law in the State of Minnesota applicable to such an indebtedness.
9. Non-Waiver of Covenants.The failure of the Association or of a unit owner to enforce
any term, provision,right, covenant or condition which may be granted by any of the CIC
Documents and the Act shall not constitute a waiver or abrogation of the right of the
Association or a unit owner to enforce such term,provision, right, covenant or condition
in the future, irrespective of the number of violations or breaches thereof which may have
occurred.
ARTICLE VIII.
Insurance
1. Master Palicy of Insurance Carried by Association. The Association shall maintain
and keep in force a master policy or policies of insurance in accordance with the
requirements set forth in Section S15B.3-113 of the Act and issued by a reputable '
insurance company or companies authorized to do business in the State of Minnesota,
which policy or policies shall further provide coverage as follows:
a. Fire and standard extended coverage insurance in an amount equal to 100%of the
insurable "replacement cost"of the Condominium exclusive of land, foundation,
excavation and other items normally excluded from coverage(but including all
building service equipment and machinery), except such perils as may be
separately insured or are uninsurable. The policy or policies shall cover personal
property owned in common by all of the unit owners or by the Association. The
policy or polices shall contain an "Inflation Guard" endorsement,or an agreed
amount clause, or determinable cash adjustment clause, or similar clause to permit
a cash settlement covering specified value in the event of destruction and a
decision not to rebuild. Such insurance shall afford protection against loss or
damage by fire and other hazards covered by the standard extended coverage
endorsement for project similar in construction, location and use to the
Condominium; together with the following additional coverage if required by the
requirements of the Federal Home Loan Mortgage Corporation("FHLMC")the
Federal National Mortgage Corporation"(FNMA"}the Federal Housing
Administration("FHA") or the Veterans Administration("VA")in connection
with mortgage loan commitments issued by any first mortgagees:
i. If there is a steam boiler in any building the policy shall afford protection
against boiler explosion in such building evidenced by a broad form of
boiler and machinery endorsement, in the minimum amount of$50,000.00
per accident per location.
ii. If any building is located in an area identified by the Secretary of Housing
and Urban Development as an area having special flood hazards, a
"blanket" policy of flood insurance on the Condominium shall be
maintained in the amount of the aggregate of the outstanding principal
balances of the mortgage loans on the units or the maximum limits of
coverage available under the National Flood Insurance Act of 1968, as
amended, whichever is less.
iii. The policy shall cover sprinkler leakage,debris removal, cost of
demolition, vandalism,malicious mischief, windstorm and water damage.
iv. The policy shall cover demolition and contingent liability from operation
of building laws endorsements,increased cost of construction, earthquake
damage and other applicable hazards.
v. The policy shall cover the Residential Units(including the f xtures and
built-in appliances inside of them), and the common elements. In the event
that the Association shall fail to pay currently the premiums due with
respect to such insurance, then in such event any first mortgagee may
make payment of such due premiums, and such payments so made by the
first mortgagee shall be a sum immediately due and owing by the -
Association to such first mortgagee together with interest at the highest _
rate allowed by law from the date of payment of the money by the first
mortgagee to the date of reimbursement by the Association. The first '
mortgagee making such advance shall have the right to sue upon and
enforce the foregoing covenant, and this covenant shall have the same
effect and stand in lieu of any separate agreement covering such rights
between the Association and such first mortgagee advancing funds. The
Association is further authorized to enter into a separate agreement in
favor of all first mortgagees,which shall further authorize the first
mortgagee to secure its own replacement policy in the event the one held
by the Association fails to comply with the requirements of this
Declaration.
b. Comprehensive public liability insurance covering the use, Ownership and
maintenance of structures and grounds of the Condominium (i.e., the common
elements thereo fl, with the minimum limits of$1,Q00,000.00 per occurrence,
against claims for death, bodily injury and property damage, and such other risks
as are customarily covered by such policies for projects similar in construction,
location and use to the Condominium. Such public liability insurance shall
contain a "severability of interest" endorsement which shall preclude the insurer
from denying the claim of a exnit owner or occupant because of negligent acts of
the Association or other unit owners or occupants. If required by the lending
Association or other unit owners or occupants. If required by the lending
requirements of any first mortgagee the coverage shall include water damage
liability, liability for non-owned and hired automobiles, liability for property of
owners, and, if applicable,elevator collision, garage keeper's liability and host
liquor liabiiity.
c. Fidelity coverage against dishonest acts on the part of directors, officers,
managers who are employees of the Association, trustees, employees or
volunteers responsible for handling funds belonging to or administered by the
Association if deemed to be advisable by the Board of Directors of the
Association or required by FNMA, FHLMC, FHA or VA(whichever is
applicable). The fidelity bond or insurance shall name the Association as the
named insurance and shall be written in an amount sufficient to provide protection
which is in no event less than 1-1/2 times the insured's estimated annual operating
expenses and reserves. An appropriate endorsement to the policy to cover any
persons who serve without compensation shall be added if the policy would not
otherwise cover volunteers, or a waiver of defense based upon the exclusion of
persons serving without compensation shall be added.
d. Workers' Compensation insurance as required by law.
e. Such other insurance as the Board of Directors may determine from time to time
to be in the best interests of the Association and the unit owner.
2. Policies to be Carried by Association. In the event the Association fails to maintain and _
keep in force the insurance coverages mandated by Section 1 (a) of this Article VIII,then
any first mortgagee may institute and keep in force such coverages. In addition, it shall '
maintain and keep in place such Workers'Compensation insurance as required by law.
3. Insurance Premiums Assessed as Common Expenses. All insurance premiums of the
Association shall be assessed and paid as a common expense, and in the event of a claim,
the Association may charge any insurance deductible amounts back against the unit
owners who caused the claim to be made or with respect to whose units the claim arose.
4. Insured to be Association or Insurance Trustee.All insurance coverage maintained by
the Association shall be written in the name of, and the proceeds thereof shall be payable
to the Association or a yualified insurance trustee selected by it as trustee for the unit
owners and any other holder of a security interest in the units, including first mortgagees,
which suffer loss. The Association, or any insurance trustee selected by it as trustee for
the unit owners and any other holder of a security interest in the units, including first
mortgagees, which suffer loss. The Association, or any insurance trustee selected by it,
shall have exclusive authority to negotiate and settle any claims or losses under any
insurance policy maintained by the Association.
5. Waiver of Subrogation.All policies of insurance shall contain waivers of subrogation
by the insurer as to any claims against the Association,or a unit owner or occupant,
and/or their respective agents, tenants or employees, and waivers of any defense based on
co-insurance or invalidity from any acts of the insured.
6. Requirements for Policies of Insurance.All policies of property insurance maintained
by the Association shall, among other things,provide that:
a. Despite any provisions giving the insurer the right to elect to restore damage in
lieu of a cash settlement, such option shall not be exercisable(i)without the prior
written approval of the Association(or any insurance trustee) or(ii}when in
conflict with the provisions of any insurance trust agreement to which the
Association may be a party, or any requirement of law;
b. Such insurance may not be brought into contribution with any insurance
purchased by unit owners or their first mortgagees; and
c. The coverage shall not be prejudiced by(i) any act or neglect of the unit owners
when such act or neglect is not within the control of the Association or(ii) any
failure of the Association to comply with any warranty or condition regarding any
portion of the Condominium over which the Association has no control.
7. Individual Insurance Policy for Unit Owner. Each unit owner may obtain additional
insurance at his own expense covering fire and other casualty to his unit;his personal
property and his personal liability,but all such insurance shall be subject to the
provisions and requirements of Section S15B.3-i 13 of the Act. _
ARTICLE IX.
Reconstr_uction,Repair or Replacement '
After Casualty Damage and
Condemnation and Eminent Domain
1. Procedures for Repair, Reconstruction or Disposition Following Damage or
Destruction.The procedures for the repair,reconstruction or disposition of the
Condominium following damage to or deshvction thereof shall be governed by the
provisions of Section S 15B.3-113(h), (i) and(j)of the Act, and any repair or
reconstruction shall be substantially in accordance with the plans and specifications of the
Condominium as initially constructed and subsequently improved upon. Notice of
substantial damage or destruction shall be given pursuant to Section 3 of this Article IX
hereinbelow.
2. Procedures in Case of Taking of Part or All of Condominium by Condemnation or
Eminent Domain. In the event of a taking of any part of the Condominium by
condemnation or eminent domain, the provision of Section S 15B.1-107 of the Act shall
govern and notice shall be given pursuant to Section 3 of this Article IX hereinbelow.
3. Notice to First Mortgagees.All first mortgagees shall be entitled to receive notice of
any and all condemnation proceedings or substantial damage to or destruction of the
Condominium, and the Association shall give written notice thereof to all first
mortgagees promptly after occunence of the damage or destruction or commencement of
the condemnation proceeding. First mortgagees shall be entitled to priority for
condemnation awards in accordance with the priorities established by the Act and this
Declaration and the Articles of Incorporation and the Bylaws of the Association, as their
interests may appear.
ARTICLE X.
Amendment
This Declaration may be amended by an affirmative vote of at least 75%of the total voting
power of the Association (i)in writing, or (ii)at a meeting of the Association duly held in
accordance with the provisions of the Bylaws.Any amendment shall be subject to the rights of
first mortgagees as set forth in the next Article hereof and such greater requirements as may be
imposed by the Act, and shall be effective only when recorded in the office of the Hennepin
County Registrar of Titles. In the case of an amendment by vote at a meeting of the unit owners,
an acknowledgrnent by the Secretary or other officer of the Association as to the procedural
sufficiency of the vote shall be adequate evidence thereof for all purposes, including without
limitation the recording of the amendment.
ARTICLE XI.
Mortgagee Requirements
1. Effect of Succeeding Sections.The succeeding Sections of this Article XI shall take .
precedence over all other provisions and sections of this Declaration, and the Bylaws of
the Association and in the event of any inconsistency or contradiction, the following
Sections shall control. '
2. Time of Written Notice for Certain Occurrences.The holder, insurer, or guarantor of a
first mortgage on any unit in the Condominium,who has advised the Association in
writing of its name and address and the name and address of the unit covered by such
mortgage and in said writing has requested the Association to notify it of any of the
following matters, is entitled to timely written notice of
a. Any condemnation, or casualty loss that affects either a material portion of the
Condominium or the unit on which there is a first mortgage being held;
b. Any delinquency in the payment of assessments or charges owed or any other
default in the performance of any obligation owed under the CIC Documents by
an owner of a unit subject to a first mortgage held, insured, or guaranteed by such
holder, insurer or guarantor, which remains incurred for a period of at least 60
days;
c. Any lapse, cancellation, or material modification of any insurance policy or
fidelity bond maintained by the Association; and
d. Any proposed action that requires the consent of a specified Percentage of eligible
mortgage holders as specified in Section 8 of this Article XI below.
The terms "timely written notice" means that period of time which is reasonably
sufficient to enable the mortgage holder,insurer or guarantor to take action with respect
to the subject matter of the notice.
4. No Restrictions on Mortgaging Units.No provision in this Declaration or the Bylaws of
the Association shall restrict an owner's right to mortgage his or her unit. In addition, no
such provision shall limit an owner's financing options by requiring the use of a specific
lending institution or a particular type of lender.
5. No Limitations on Unit Owner's Ability to Sell. The Association shall not impair or
restrict a unit owner's right to sell, transfer or convey his or her unit. The Association
shall never hereafter have a right of first refusal.
6. Availability of CIC Documents.The Associarion shall at all times have current copies
of the CIC Documents as well as its own books,records and financial statements for
inspection by unit owners or by holders, insurers and guarantors of first mortgages that
are secured by units in the Condominium. These documents shall be available during
normal business hours or under other reasonable circumstances.
7. Examination of Records; Audited Financial Statement. Any holder,insurer, and
guarantor of a first mortgage secured by a Residential Unit in the Condominium upon -
written request made to the Association, shall have the right to examine the current
copies of the CIC Documents and the books,records and financial statements of the
Association or the Condominium during normal business hours. An audit of the accounts `
of the Association for the preceding fiscal year of the Association shall be rendered and
made available to members of the Association within 120 days after the end of such fiscal
year. In addition, it shall be made available to any such holder, insurer or guarantor of
any first mortgage on a Residential Urtit who has filed a written request for such audit
with the Association.
8. Material Amendments to Declaration and Bylaws or Material Changes; Limitations
on Actions of Association.Notwithstanding anything in Article X of this Declaration to
the contrary, any amendments to this Declaration and Bylaws of a material nature must
be approved not only by an affirmative vote of at least 75% of the total voting power of
the Association but also by the written consent of at least 75%of the holders of those first
mortgagees of the units who have submitted to the Association a written request that they
be notified of any proposed action requiring approval (based upon one vote for each
mortgage held). Any of the following changes shall be deemed a "material amendment"
or a "material change":
a. Voting rights;
b. Assessments, assessment liens, subordination of assessment liens or increases in
assessments that raise the previously assessed amount by more than 25%;
c. Reduction in reserves for maintenance, repair and replacement of common
elements;
d. Responsibility for maintenance and repair; �
e. Reallocation of interest in the common elements and limited common Elements of
the Condominium or rights to their use;
f. Redefinition of the boundaries of any unit;
g. Convertibility of units into common elements or vice-versa; �
h. Expansion or contraction of the Condominium, or the addition and annexation or
withdrawal of property to or from the Condominium.
i. Hazard or fidelity insurance requirements;
j. Restriction on the leasing of units;
k. Imposition of any restrictions on a unit owner's right to sell or transfer his or her
unit;
l. A decision by the Association to establish self-management when professional
management had been required previously by an eligible mortgage holder;
,
m. Restoration or repair of the Condominium after a hazard damage or partial
condemnation in a manner other than that specified in the CIC Documents;
n. Any action to terminate the legal status of the Condominium after substantial
destruction or condemnation occur;
o. Any provisions that expressly benefit mortgage holders, insurers, or guarantors;
p. Any amendment to this Article;
q. Partition or subdivision of any unit except as provided by or allowed by statute;
r. Any attempt by act or omission to abandon,partition, subdivide, encumber,
transfer or sell the common elements; or
s. Any use of hazard insurance proceeds for losses to any condominium property
(whether units or common elements)for other than repair, replacement or
reconstruction of the condominium property.
If an addition or amendment is not considered as a material change, such as the correction
of a technical error or clarification of a statement, then the approval of mortgage holders,
insurers or guarantors shall be assumed if they have failed to submit a response to any
written proposal for such amendment or addition within 30 days after the proposal is
made.
9. Approval of Termination of Condominium by Unit Owners and Mortgagees. The
Condominium may be terminated only by the written agreement of owners of units to
which at least 80%of the votes in the Association are allocated, and agreement of at least
80%of the first mortgagees of the units(each mortgagee having one voter her unit
financed), except for the termination of the Condominium in the event of a taking of all
of the units by eminent domain(or conveyances under the threat of eminent domain. All
procedures, appraisals and disposition of proceeds following any termination of the
Condominium shall be governed by Section S15B.2-119 of the Act.
10. Association Responsible for Maintaining Common Elements.The Association shall
be responsible for maintaining the common elements of the Condominium including all
limited common elements thereof.
11. Representation by Association.The association shall represent the unit owners in any
proceedings, negotiations, settlements or agreements having to do with any losses or
proceeds from the condemnation,destruction or liquidation of all or part of the
Condominium or from the termination thereof. Consequently,the award or proceeds of
settlements shall be payable to the Association for the use and benefit of the unit owners .
and their mortgagees as their interest may appear.
12. Adequate Reserve Fund. Condominium assessments for common expenses shall include '
an adequate reserve fund for maintenance, repairs and replacement of those common
elements that must be replaced on a periodic basis. Assessments for the reserve fund shall
be payable in regular installments rather than by special assessments.
13. Association's Reasonable Right of Entry.The Association shall have the right of
reasonable entry upon the premises of any unit in the Condominium to effect emergency
or other necessary repair which the unit owner has failed to perform.
14. Leasing and Rental of Units.Any lease or rental agreement must be in writing and be
subject to the requirements of the CIC Documents. Any failure by the lessee to comply
with the terms of the CIC Documents shall be a default under the lease enforceable by the
Association as well as the landlord. Any lease must be for the entire unit not a portion
thereof, shall be in writing and a copy thereof shall be filed with the Association prior to
commencement of its term. No lease shall provide for a term of less than 6 months nor
for the furnishing of hotel type services.No other restrictions relating to the term of any
lease or rental agreement shall be valid or enforceable.
15. Unit Owner's Unrestricted Right of Ingress/Egress to Unit. Each unit owner has an
unrestricted right of ingress and egress to his or her unit. This right is perpetual and
passes with the unit and its undivided interest in the common elements of the
Condominium as transfers of ownership thereof occur.
16. Unit Owner's Rights and Restrictions.Any unit owner, when becoming an owner of a
unit in the Condominium, automatically becomes a member of the Association and thus,
subject to all of the rights and duties assigned to owners under the CIC Documents.
17. Summary Abatement. In the event the Defaulting Unit Owner fails to effect the cure
specified by the Association in a notice of default directed to such Defaulting Unit
Owner, within the time limit specified in such notice, where the default is a structure,
thing or condition existing in or on the premises of the unit owner's unit, the Association,
or its duly authorized representative, shall have the right to enter upon the premises of the
Defaulting Unit Owner's unit in which,on which, or as to which such default exists and
summarily to abate and remove, at the Defaulting Unit Owner's expense, the structure,
thing or condition constituting the default,but only after judicial proceedings relating to
the abatement thereof have been instituted. The Association and their agents, employees
and representatives, shall not thereby be deemed guilty in any manner of trespass.
18. Rights of Action.The Association, and any aggrieved unit owner, shall have the right of
action against unit owners who fail to compiy with provisions of the CIC Documents or
decisions made by the Association. Unit owners shalt have similar rights of action against
the Association.
„ ,
19. Insurance and Fidelity Bonds.The Association shall cany workers compensation �
insurance whenever it has eligible employees. The Association may carry fidelity
insurance and shall do so whenever required by a holder, insurer or guarantor of a
mortgage. The Association may enter into binding agreements with one or more holders, '
insurers or guarantors of mortgages obligating the Association to keep specified
coverages in effect for specified periods and to notify a holder, insurer or guarantor of
any changes to coverage.
20. Adequate Remedies for Unit Owners' Failure to Pay Assessments.The provisions of
Articles VI and VII of this Declazation provide adequate remedies in the case of
Defaulting Unit Owner's failure to pay assessments levied by the Association.
21. Exemption from Liability for Unpaid Assessments. A mortgage holder, insurer or
guarantor who obtains title to or takes possession of a unit pursuant to the remedies
provided in the mortgage or foreclosure of the mortgage or deed(assignment) in lieu of
foreclosure shall not be liable for such unit's unpaid assessments which accrue prior to
the acquisition of title to such unit by such holder, insurer or guarantor in the case of a
deed,or prior to the expiration of the statutory period of redemption in the case of a
mortgage foreclosure. Any such delinquent assessments extinguished pursuant to the
foregoing sentence may be reallocated and assessed to all units as a common expense.
Any such sale or transfer pursuant to a foreclosure shall not relieve the purchaser or
transferee of a unit from liability for, nor the unit from the lien of, any assessments made
thereafter. Moreover, any lien for delinquent common expense assessments or other
charges that the Association has on a unit shall be subordinate to a first mortgage on the
unit if that mortgage was recorded before the delinquent assessment was due.
22. Subordination of Fees, Late Charges, Fines or Interest.Any fees, late charges, fines
or interest which may be levied by the Association in connection with unpaid
assessments or violations of the CIC Documents shall be subordinate to the lien of the
first mortgage on the unit to which they have been levied.
23. Professional Management Contracts.Any contract for professional management of the
Condominium or any other contract providing for the services of such developer, sponsor
or builder of the Condominium, shall not exceed 2 years. Any such agreement shall
provide for termination by either party without cause and without payment of a
termination fee on 90 days or less written notice and shall include a right of termination
without cause that the Association may exercise at any time after the Declarant has
relinyuished control over the Condominium and Association. This right of terminarion
shall not require the payment of any penalty or an advance notice of more than 90 days.
24. Priority.No provision of the CIC Documents shall be deemed to give a unit owner, or
any other party, priority over any rights of any mortgage holder, insurer, or guarantor
pursuant to its mortgage in the case of a distribution to the unit owners of insurance
proceeds or condemnation awards for losses to or taking of units and/or common
elements of the Condominium.
� a r
25. Notification of Change in Use Restrictions.A first mortgagee of a unit, or its assigns, .
upon written request, shall be entitled to 21 days'prior written notice of any proposed ,
change in the use restrictions contained in Article IV of this Declaration.
26. Designation of Representative. Any holder of a first mortgage on a unit may designate a
representative to attend meetings of inembers.
ARTICLE XII.
General Provisions
l. Severability. The invalidity of any covenant, restriction, conditions, limitation,
provision, paragraph or clause of this Declaration, or of any part of the same, shall not
impair or affect in any manner the validity, enforceability, or effect of the rest of this
Declaration.
2. Interpretation of Declaration. The provision of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the ownership and
operation of cooperative, first class condominium project.
Whenever appropriate, the singular number may be read as the plural, and the plural may �
be read as the singular. The masculine gender has been used primarily throughout this
Declaration for the sake of simplicity and, accordingly,may be read as the feminine
gender or as the neuter gender. Compound words beginning with the prefix "here" shall
be read as refemng this entire agreement and not merely to the part of it in which they
appear.
3. Captions.The captions herein are inserted only as a matter of convenience and for
reference and in no way define, limit or describe the scope of this Declaration, or the
intent of any provision hereof.
4. Statutory References. Throughout this Declaration, references are made to statutory
provisions in the Act as it exists on the date hereof. Those statutory provisions, and the
Act in total, are incorporated herein by reference and made a part hereof. If any such
statutory provision, or the Act, is ever amended or repealed and a replacement statutory
provision or act enacted to replace the same, the statutory reference herein shall be
deemed to mean the new statutory provision(s)which as been enacted to replace the
one(s) cited herein and the term "Act" shall be deemed to mean the replacement act. If
any such statutory provision,or the Act, is ever repealed, and no replacement provision
or act is enacted, then the statutory provision in effect just before such repeal and the Act
as constituted just before the repeal shall be operative for all purposes hereunder.
5. Conflicts. In the even of any conflict among the provisions of the Act, this Declaration,
the Bylaws and any Rules and Regulations approved by the Association, the Act shall
controi. In the event of a conflict among this Declaration,the Bylaws and Rules and
Regulations, this Declaration shall control. In the event of a conflict between the Rules
and Regulations and the Bylaws, the Bylaws shall control. In the case of any conflict
, , .
between the Articles of Incorporation and the Bylaws, the Bylaws shall control. ,
6. Notices.Upon written request to the Board, any first mortgagee or holder of a security
interest in a unit shall be given a copy of any and all notices permitted or required by this `
Declaration to be given to a unit owner. Notices provided for in this Declaration and in '
the Act shall be in writing and shall be addressed to the Board or the Association, or any
unit owner, as the case may be, or at such other address as herein provided. Any unit
owner may designate a different address or addresses for notices to him by giving written
notice of his change of address to the Board. Notices addressed as above shall be
effective upon hand delivery or upon mailing properly addressed with postage prepaid
and deposited in the United States Mail. Notices required to be given to any devisee, heir,
or personal representative of a deceased unit owner may be delivered either personally or
by mail to such party at his or its address in the records of the court wherein the estate of
the deceased owner is being administered.
Loon omebu s, LLC
• . �
Its C f Manag r
STATE OF MINNESOTA )
).SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 24'h day of September, 2015,
by John Leupke, the Chief Manager of Loon Homebuyers, LLC, a Minnesota limited liability
company, on behalf of the limited liability company.
"' TIMOTHY A NET1Ell
arY pUb Notary Public
� . Scate ot Minneaota
My Commission Expires
January J1, Z0�0
THIS INSTRUMENT WAS DRAFTED BY:
Netaell Legal Services, PLLC
7900 International Dr., #300
Bloomington, MN 55425
1
EXHIBIT "A" TO DECLARATION
LAKE MINNETONKA MEADOWS �
COMMON INTEREST COMMUNITY NUMBER 2035
A CONDOMINIUM
RESIDENTIAL UNITS
Unit %of Common %of Undivided %Vote in �
Identifier Expense Interest in Association
Liability Common
Elements
1 50 50 50
2 50 50 50