The URL can be used to link to this page

6.2. SR 03-01-2010 Elk- River MEMORANDUM T: Housing ~ Redeve!®pmen~ Au~h®ri~y Ma~~r City Council FR M: Cafiherine Mehelich, irec~®r Of c®n~mic evel®pmen~ DATE: March 1, 2010 SUBJECT: ®nsider N®~i~icai®n ~r®m Minnr~es~ anl~ ~0 Lease Units a The lu~~s ®~ Elk River A~~achmen~ ~ Correspondence from NlinnWest Corporation re: The Bluffs of IJll~ Rive, dated February 28, 20~ 0~ Staff recently received the attached notification from Nli~lntivest Banl~ of their intent, as o`vners of t11e property, to Iease a li~.nited number of u~~ts at The Bluffs of I~ll~ River. Mitln~vest's Senior Vice President Ri.claard Schroeder `vill be ~t~ attendance for the HRS. meeti~~g to answer an.y questions, The notification has been reviewed by the HRA's development attorney Jenny Boulton at I~ennedy & Graven, Ms, Boulton has advised that it is not necessary for the HRS. or City Council to act on the notification. Ms. l3oulton will be ii1 attendance for the HRH meeting if there are questions, tJiINPlWEST s CORPORATIQN February23, X010 Cathy Mehelich Director of Economic Development City of Elk River x.3065 Orono Parkway Elk River, MN 55330 Re: The Bluffs of Elk River Dear Cathy, z4$~o Highway 7 t; 95~-545-8825 Minnotonka, MN 55$45 ~~ 95~-545-$oro am writing to you regarding the downtown Elk River project known as The Bluffs of Elk River, Minnwest Bank, M. V. is the owner of 64 of the 67 residential condominium units and all of the commercial space in the property located at 633 Main Street N. w., Elk River, MN, A number of inquires continue to be received from prospective tenants for the residential condominiums. This letter is Minnwest's notification to the City of Elk River that the bank intends to begin leasing condominium units to residential tenants, There are ~.5 units that are finished and ready for occupancy. At this time the bank does not intend to finish the remainder of the units for leasing purposes. The leasing terms will be within the requirements contained in: ~ "The Bluffs ofElk RiverCondominiumAmended and Restated Declaration"forCommon Interest Community No. 6~. recorded in Sherburne County as document number 687676 on February 17, zoo9. "The Bluffs of Elk River Condominium Association Amended and Restated Bylaws", The two documents listed above include specific direction as to the length of leases and the need far background checks on each applicant. Copies of the two documents accompany this letter. lease terms will be no shorter than three months and no longer than twelve months. All leasing applicants will be underwritten by reviewing their application and the content of a background check. Rents charged to tenants will be market rents, Minnwest will engage Acuity Capital or similar company to manage the rental of the units on behalf of the bank, The income received from the leasing of the finished residential condominium units will allow Minnwest to cover some of its costs in maintaining the unsold units until a buyer is found, The leasing o~ the units is not intended to be a long term plan. Minnwest's plans to sell the property are unchanged. The band has not in the past had nor currently have a desire to continue owning this property. Renting the units is simply a way to meet what appears to be a need in the community and generate same income to help cover some of the expenses of maintaining the property. Feel free to contact me with any questions that you may have. Sincerely, M1NNw~ST BANK, M.U, Richard P. Schroeder SUP -- Credit officer enclosures ,. ' ~ f t ' ' ~~r~urne County; Mir 1 ~ k • ~ ® ! ~ 1 1 • ~ Certified riled ~ndlor•rocorded on •' . , ' ~~ le ~~i>e, County recorder I ' ..,,. ~?Eq~ 1~ ~ ~31~~3 ~ ~~ ~ ~ Deputy fee. ~ 77.0 ~ .. !~_. i ~. ~~ ., ~~ 667676 ,y ~, o$y ~t~~~cor ,A~~~ur~~ ~ E I I ~ l . . ,. .•.. , .....~ E ~Abo~ve Space R.eserve~~ for Recar~in~ Data) ' i ,,. ~~~~~ ~~'~E~ST ~~MMC~IVITY ~0, G1. Condominium L ~ L. I • .ANI~N'~]CD A.NI~ ~TA~'ET~ ~~~LA~~C~l~ 'this Amended and Rostated Declaration of The fluffs of ~ll~ ever ~ondo~niniurn the • Li 71 ~ ~ ~ ~ Declaration ~ ~s made, effective on the date of reeard~.~ hereof, ~~ 'The ~lr~ffs ~af ill{ l~.ver ~ ~ondan~init~~. Association (the "Associatzon"~, With the unanimous written approv~a~ of the - ~ owners, in accordance with the requirements of the Minnesota ~amm,on Interest'~wnership Act, Minnesota Statutes chapter ~iSB ~"MC~CA"} and. the ~l~.~inal Dec7a.ration has defined herein), ~ ~ . ~~ • ~ '4~r~'T~~SS~Tl~: .]~~+ A,~, the Declaration of Tha duffs of Elk liver ~ondamin.ium, a Condominium, was recardcd in the office of the Jaunty ~.ecarder in and. far Sherburne County, Minnesota, as ~ Document I~Io. b~~7~~ ahd an Amendment to DeclaratYOn Was, recorded in said office as i Document ~o. ~57~~~ collectively the "original Declaration."~, and ~ '~'~iC]~+.AS, the original Declaration established a plan for the use, operation, maintenance, and~preservatian of~.e real estate described therein (the "Proper~r"~, and ~ . ~ I~~REAS, the consent of no mortgage balder is require, because na haldar • of a • ~nortga~e an a. unit has suhn~itted a Written request to the Association to ~be na~fied of and proposed amendment to the Declarat~an as required h~ the Dcclaration, and .W~E~2.~A, tic consent of the nrigin.a.l declarant under the original Declaration zs ~.ot 1 required. because said declarant na longer owns an~r unit far initial sale and has ~n.a ~xght ~o add• ~ ~ Additianai ~.eal estate to the Drape ,and. ~ ~ ~ ~Y ~ . '~H~~AS the Association and the Owners desire to ra ' far th p vide e preservat~an a~'thc residential character, value, architectural stSrle, and. architeotu~cal uni~'armity of the Proper, acad. for the ~aintena~nce of open spaces and. other caxnman facilities, and. M~~S•Word 24~t &0,3 r j . . (: I' ~? wk~~~.A.S, the Association anal the Qwners desire to amend. and restate the O~i final . Decimation ~ ac~a~dance herewi and. to sub'ect ~e fro e ' , ~ ~ ~ p rte to the covenants, r~s~ct~ans, easements, charges, and liens set Forth herein, pursuant to the. requirements and rocedures prescribed by the Original Declaration and MCr~A and ~ .P w~J~~A, the Praper~y (i) is not subject to an ordinance referred. to in i~ ~ectian SISB,i-iQ6 of MClOA o ~ ~ ,~ g vern~ng conversions to common mterest awnezsh~p; ~xx) ~s not ~ subject to a master association as defined in.MCi~A.; and viii} does not~include an shareland as Y , ' de~ned~ in Minnesota Statutes Section iD3P.~OS. ~ . ~4~w '~.~~~E~'~R~, the Association, with the unanimous approval of the owners as set i`orth in the Affidavit attached hereto, hereby declares that ~i} the Prapertsr sha11 be held, ~ ~ E transferred, sold, ilonveyed, used, and occupied subject to fia.e covenants, restrictions, easements ~ ~ } charges, and liens set forth herein, all of which shall be binding upon, all Pexsans owning ar ~ ~ . acquiring any right, title, ar interest in the property and their heirs, personal representatives ~~~ successors, aril assigns, and iii} the Original Decl~ratian. shall be ~~eval~ed and superseded in its entirety by this Declaration upon its recording. ~L~.II~.I~ ~ ~ f ' ~... DJ.,F~~T~~I~~ o The ~allawing wards when used in the governing Documents shall have the fallowin g ~nean~ngs (unless the contest indicates otherwise}; ,, I,~, "Assessments" means and refers to all s.ssessnaents levied by the Association ~. pursuant to Section 6, 1,~, "Association" means The Bluffs of Blk ~i.ver Condominium Association, a. ..,._._.... „_.... ,_...... ~._..,......_...., ._.,.., ..... ... , T.., ..... .~. ... ...... no~pra~t'~ ca~~oration created pursuan~'~to ~M~i~raesot~a ~tatut~s Chapter ~ ~ 7A and ~cction SiSB,3-1~7 o~"MC7UA, whale tncrnhers consist afall owners, ~~,~, "~o d" means the Board of Directors of the Association as provided fo-r i-a the Bylaws, i ~ "B "means each s~ucture which is or ~becanaes a art of the Pro e and ~ I .~.- P P ~ ~ contains any Units, ' ~ - I ~ ~5, "~ .1~ deans the Bylaws gover~.ng the operation of the Association, as . upended from time to time, E l,G, "C__.__,~" means the Ci~r of Bll~ fiver, Minnesota. . i,7, "Commercial A purl~nances" means any windows, terraces, signs, doors, ~ P awnings; lighting; Fencing ar plaza Areas that serve or $enefit only one or mare of ;~ r doe Commercial Units, i . ~ ~ ~ MP~,~~ward 20~,18Q3 2 1,8. `;~an~n~ercial Unit" means a Unit designated. by this Declaration a~clusiv 1 ~ y for nonresidential use,. as described in Section ~, referenced an Exhibit A and sawn an the Fiat, ~ ~ ~ i . . , 19, "Cowman Elements" means all parts of the Propei~y including all ~m rave~nents ~ p ,., the~eta, except the Units. ~ 1.~0. "Gammon E~.pen__~es" means all expenditures nude or liabilities incurred by Dr on ~~ behalf of the Association and incident to its aperation, including Assessments aftd items atherv~ise identified as Gan~w,an Expenses in this Declaration ar the Eylaws. 1,1 ~, "Eli ible Mortga ee" means any Person that owns. a first mortgage an a Unit and that has requested In wri~.ng that the Association notify it regarding any ~rnposed . action which requires approval by a specified percentage of Eligible Mortgagees, ~ - ~~ . . ;~ ~, ~~, "~ra~ ramie" means the ~om~an Element parkin. garage located. an the lowest level of the wilding which contains pa~~l~ing stalls licensed for the use of owners and occupants of the Units. i 1.i3. "Crovernin T~ocufnents" means this Declaration, and the .Articles ,aflncorporation ~. and the Eylaws of he Association, as amended from time to time, all ~f which . shall govern the use anal aperation of the Proper~r, 1.14. "gym ravement'' means any physical in~pravement of any l~n.d Qr a design or a I solar change to any art of the Pra e ' includin without li p p ~y3 g m~tat~Dn any Dwelling, st~uctLlre, building, addition, decl~, patio, fence, wall, enclosure, window, exterior door, antennae or other type of sending or receiving apparat<xa, . ......_....... _,,.... sign,,_~displsy, .decoration,.. color .change,, sl~rublaery mate~.al tapagrap~ical or . landscaping change, ir~rigatiQn ordrainage s~st~m, pang, ~p~anting,~ or~ a.n.~~ athe~..._..,, . . ~~ . , exterior improvement to a Dwelling or .y other part of, a Unit which is visible {'' fro ' ' ~ i rn he ext~rxor of he Dwell~n~, and any addit~ans or changes hereto, . ~~ 1,15, "l~x~.ted Gammon Elements" means a portion of the, Cornm.a~ Elements allocated. f by this Declaration, ar by operation of Section ~ 15E,~-10~~d} ,ar ~~ of MG~~A far ~ f the exclusive use. of a~ne ar mare, b~~t fewer than all, of the Units, 1,1 G, "MGxGA". ~ means the Minnesota .Gammon Interest Ownership Act, Minnesota Statutes Chapter S1~B, as amended, 1.17, "Member" means all Persons whD are n~emhers of the Assac~atian by reason of j . being ~wncrs as defined in this ,Declaration, The wards "owner" and "Member" may be used interchangeably in the Governing Documents. ~ t 1.1 ~~ Mart a ee, Any Person awning a mortgage on a Unit, which rortgage is first in priority upon foreclosure to all other mortgages that encumber such Unit, t MPLS•wor~ 20~t80,3 ~ i,~9, "~ccu anti'rneans any Person, ar i'ersans, other than. an Qwner, in posse~sian of ar residing in a Unit, and inch~des tenants of the owners of the ~amznercial Units a~ad their regular employees, I,20, ~" means a person who awns a Unit, but excluding contact for deed vendors, ~nartgagees, holders of reversionary or remainder interests and' other . secured parties within the ~.eaning of Ni~Y~A., The term "owner" includes . contract ~'or deed vendees and holders of a life estate, 1,21, s`Fe~ son" means a nata~~al individual, corporation, 17n~.ited liability eon~pany, pa~nership,limited liability partnership, t~stee ar ,other le~ai entity capable of balding title to real propez~y. ~ . 1,22. "P~~t". means the recorded plat depicting the PrOpe~y p~u.~suant t0 the requirements of Section 515~,2~11~~c) of MC1~A, ~ineluding any amended ar supplemental Flat recorded from tune fa time i7~ aceorclarice wife ~~I~A, 1,23, "Plaza Area" means the outdoor, s#~eet~level area adjacent to the eastern ba~~ndary of Ca~nercial Unit No, ~2, which may be utilized fay the seating of customers in cannectiQn w1t17. a restaurant, coffee chap ar similar facility in said Unit ar the eastern part thereof, as shown on .~~hibit ~ attached hereto, . 1.~~, "Fro e "means all of the real property subjected to this Declaration, now or in tl~s fature, including the Units end all other s#~.~ctures and 7mpravements located thereon, The Property is legally described in exhibit B attached hereto, . 1,25, "Residential, Unfit'; rrieans a Unit designed and intended e~.clusi~rely for use as a single ~a~.ly residence, as desc~.bed in Section ~, referenced on Exiiibxt A and Shawn on the Plat. ~ . ' ~,~~, `.`Rules" means the Rules and Regulatia:as of tlie~ Association as appxoved from time to tune pursuant to Section 5,~, ~,~7, "knit" means a part of the Property within a Building, including orae ar more roams or enclosed spaces, occupying part of one floor, designed and intended far separate ownership and use, as described in Section ~ and shown an the Plat. ~ . terms used ~ the ~overnin. Documents, and {~~~in~d in ~Cr~A. and ~Dt In th1~ S~~tlan, . . Any ~ shall have the meaning set Earth in MCiC~.~., References to Section numbers refer to the Sections of this .~eclaratian unless otherwise indicated, ~.eferences to the sit~gltlar may refer t~_the plural, . and conversely, depending upon context, S~T~~~ ~ . I~ES~I~PT~~.~ ~~ SITS .~tl~~~f~~NI~~RZES, . . A R~~AT~~ I~IASE~.~I~TS ACID REST~CTI®~~ ~,T, Units, There a~~e 6~ residential Units and two Commercial U~nifis~, as shown on the Plat, The Residential Units are restricted exclusi~rely to residen~al use and the Commercial Units are restricted exclusively to nor~esidential use, The P.esident~al CJnits, collectively, and the . Commercial Units, callecti~rely, shall each constitute a class of Units within the :meaning of Sections ~15B,~p1DS~d) and ~l~~B.3w~03~e~~2~ of MCr~A, Ad~itior~a~l Units may lie created by ~~ the ~subdiviaion, combination or conversion pf Units pursuant to ~ectian S15B,~W~ i~ of ~CIOA ' and Section 1 ~, Each Unit constitutes a separate parcel of real estate, The Unit identifiers and . locations of the Units are as shown an the Plat, which is inca~porated herein by re~eronce., .A . schedule of Units is set fo~h. as a part of exhibit A attached. hereto, ~ . ~,~. Unit boundaries, The boundaries of each TJni~ shall be the interior unfinished surfaces of its perimeter walls, floors and ceilings,. wallpaper,paneling, tiles and, dtlxer finishing materials adhered to the lllter~or of the Un1t boundar~cs shall be a part of the Unit; provided, that any load. bearing portions of any interior ar perimeter walls, columns, ceilings 4r floors, and any common utility lines or other comnian. wilding systems, facilities ar equipment located. in or passing though a Unit, shall be Cat~no~, Elements, The boundaries of each Unit shall also extend. alan~ the inside unfinished surfaces of its perimeter doors and. windows, and their frames, and said. perirraeter doors, windows and frames, and their hardware, shall be Limited Conma,an. dements allocated to such U~xt. Subject to this Section. and Section 3, all spaces, interior partitions, aid interior fixtures and Zmprovcments ~exaept trade fixtures in Commercial Units} laeated within the boundaries of a. Unit are a part of tl~e Unit. . ~.~. ~p~urtenan~ g~asement~, The Units shall be subject to and bcne~ted by the .. _.......__......._..._._...easemants.described in Sectian.~~,... ... . ... .........,,_,........... . S~~T~~l ~ . ~~~N.~~~' ~~,EI~E~'S, LIl~7T~~ ~ON.iON' ~~,~NTS A~~ OTEC~~ ~'~~PE~T~ 3.1, Common Elements, The Con~man Elements a~:d their characteristics are as follows; . x,1.1, Ali of~ae Property not included within the Unit boundaries and any load bearing portions of any interior ar perimeter wads, eolu~nna, ceilings nr ~.~ars; and any common utility lines nr other canon Euilding systems, facilities or equipment located . in oi~ passing hough a Unit shall be Common Elements, Tlie Common ~ Elements include, but are not limited ta, ail areas and. items listed in this Section 3, and. those pans of the Property designated as Gammon Elements an the Plat ar in MC7OA, ~~1.2~ The Common Elements shall be sub°aet to ~l} easements and restrictions as described its. this I?eclaration, the Plat and any other recorded itistrt~tnent; iii) the rights of Owners and Occupants in I,i~nited Camm.on dements allocated to heir respective Units; ~iii~ licenses for the use of certain parts of the common elements as described in. MP~.S-word z0~18Q,3 J Sections ~,~, ~.4 and ~.5; and iv the ri ht of the Association. to establish reasonable ~~ ~ Rules governing t~.e rise of the Property. ~ ~ ~,~, l,,imitecl Conam.on Elements, The Limited Cam~noaa Elements are those parts of the Com:man Elements reserved for the exclusive use of the Owners anal Occupants of the Units to which they are allocated, The rights to the use anti en~oynaent of the Limited Ca~ntnan Elements axe automatically co~iveyed with.the conveyance o~'such Units, The l~iznitsd Common Elements are described and allocated to ~e Units, as follows; 3,x,1, Those ite~n~s ar areas designated as l~irnited Common Elements on.the Plat o~~ by MCiOA are allocated to the Units indicated thereon or therein. ~ ~ . ~ 3.Z.~, rmprove~nents, if any, such as decl~s, patios, porches, balconies, ~ tt r s attached exterior 5i s ~servin a Commercial Unit or Units ~ hallways, shu e s, awnang , gn g ! exterior windows and doors, windew boxes, chimneys, c~ivcways, walls, doorsteps and i. stoops, constructed. as part of the arigi.nal canst~~~ction to serjre a single Unit or Units, and ~ ~~ xeplacements and modifications thereof authorized p~~rsuant to Section 7.1Q, ~~ located ~vhail or artiall outside the Unit boundaries, are allocated exclusively to the Unit or I ~' p y Units ~vhicb. they serve, ~ ~ , x,2,3, 'Chutes, flues, ducts, pipes, wires, conduit o~~ other utility installations, be~.~ing walls, bearing columns, ox any at~her components or fixtures lying wholly ar pa~ially a~~tside the Unit boundaries, and serving only that Unit or U'nxts, are allocated to . the Unit or Units they serve..~ny po~inn. of such installations searing ar affecting the functio~t pfthe Common ~le~nents is a part ofthe Carntaao~. ~lerr~ents, ~ . ` ntilatin or air conditioni.n e ui ment comm~~nications ~ 3,Z,~. ~eatmg, ve g g ~ p e ui ~ncnt ox over systems, serving only a certain Unit ar Units and Ideated wholly ar ~p p partially outside the Unit, bounda~~es, ,are allocated, to ,the Unit ar Units served by sxxcla ....,.~,.,. . e~ulpment ox systems, ~.~, Ga~~~~ll.,s, A pa~ion of ~~he Garage incindes 118 Common l~lcment vehicle arkin stalls ~callectivel~y the "Stalls". ax individually a "Stall"}, ~7 of which the "Residential ,. p g Stalls" are reserved for use by Owners anal Occupants of Residential~Units, 2l of which the ~~ ~ .~ ial Units and Co~namercral Stalls ~ are reserved fox use by Owners. and Occupants of Cammerc , 3Q af~rhich ma be reserved for use by either.Residential Units or Commercial Units. The Stalls y ' ' r ion. of dais Section ~.~ as authorized. ~ ~ shall be licensed by ~e Ass4cra~.an to the Units by ape at Y i n 515E.3-1p2 ~ of~C~OA~ The Stalls shall be license., and the operation and transfer of Sect a ~ ~ the Stalls shall be administered by the Association, in. accard~.nce with t~s ~ Section ~,3, The ~ ! follawin conditions and restrictions shall govern the licensing, assignment, use and transfcr of g . tho Stalls, ~ , x,3,1. The exclusive license to use one nr mare designated Stalls may be a part . of the c4nVe atace b ~e Owner of a Un.7t that has oat been previously voluntarily 1 . Y ~' ~~ ri final Seller" .The Ori final conveyed as of floe c1'fectt~s date afth~s I~eclaratian the O g } g. Seller shall ale with the Association written notice of the Unit conveyed and the r identifier far the Sta11, Additional Stall licenses shall be issued by the Association ~rsuant to this Sec~ian ~,~ upon the fili~~g with the Ass~ciatian of a similar mitten ~ ~~ . ~ MP~S•~ard 2021$03 . . ~ ~ notion by the Original ,Seller; l~ffective upon the filing of ~e notice of Mall assignment ~ . with the Association, the identified Mall shall, by operation of this Section 3,3, be deemed to be licensed by the Association, as of the date set forth in the notice, to tha Owner of the Unit designated in the ~atice, A certificate evidencing the Stall license shall ,be executed 'by the President or Secretary of ~e As~sociati~on on behalf of the Association and made available far~tim.ely delivery to the Owner ofthe Unit to which the license Is ~551gT1~d, .Any Stalls remaining unlicensed aver all Units have been initially, voluntarily conveyed may be reserved for handicapped parl~ing or assigned to the Association, The Association may hold, convey and transfer the license to, rent, ar . permit invitee or handicapped parl~ng within. a Stall assigned to it,. 3,3,2, Upon snd fgllewing the initial licensing of a ~Sta11, ,the use rights with respect to the Stall shall be deemed to be perpetually licensed by the AssQCiatian exclusively to the Owner of the~Unit to which the Stall is assigned, subject to the .. proviaians of Section 3.3.3, The Association shall maintain records identifying the Stalls, . ' the names of the Owners of the Units to which they are licensed and the dates of assignment and any transfer of the license in accordance with the terms of this Section.. ~ . The Association shall not unilaterally transfer any Stahl license, except that the Iic~nse .to a Stall designed and .tended to accotnmodate use by handicapped Owners ' ~"landicapped Stab"} may be transferred by the Association to a Unit occupied by a handicapped Owner ifthe Owner of the Unit to which sltch Handicapped Stall xs licensed is not handicapped and the Association transfers a Stall license to such Owner to replace the Handicapped Stall being transferred .All other transfers of Mall licenses shall be made only in accordance with Section 3.3,3, . 3,3,3. A Stall license shall remain with the Owner and the Unit to which it is ' assigned until ~e license is transfe~~ed in accaxdan.ce with this S~ctian, Subject to ,Section 3~3,Z, a Stall license may be transferred., but only by fn.~st delivering to the ~ . ..~....~.~ ~ . .A.ssociation~~i}~a~~vritten~transfer'certificate, in farm approved by'the Association, signed ' ~.. ~ ~.~~....-. ' by the transferor and transferee, and ~ii~ all prior license ce~ificates, and copies thereof, ~ ~'~, issued with respect to the Stall, 'fhe Association shall review the propasec~ transfer ~ ~, certificate for ca~npliance with this Section 3,3, and if the t~~ansfar complies, the ~ Association shall transfer the license on its records to the 'knit awned by the transferee, ~n the absence of ~a properly- executed. transfer certi~catc to the contrary, a Stall 1ic~nse assigned to the Owner of a Unit at ,the time of the Unit's conveyance shall he ~ ~ autan~atically transferred to the new O~umer with the conveyance oftitle to the UnYt, ~ ~ ~~ j 3.3,x, Owners may rent or allow the ~~se of their licensed Stall to ar by other Owners and Occupants, except as limited by the Board. in writing, The Tease or other use ~.ght s~rall be in written form, anal shall terminate when the lesson, lessee or other user is no longer an Owner ar Occupant, regardless of the terms of any agreement to the . contrary, The Owner shall give the Association advance written notice of any lease or ~ . use agreement with respect to such Own.er's Stall, and shall provide a copy of ~e lease ar use agreement to the .Assaoiation,upan its request The Association nay hold, convey ~ ~ and transfer the license to, rent, ar permit guest or handicap pa~rlCing within a Stall . assigned to it, ~ ~ ! . .. ' MILS-W~rd 202180,3 ~ I . ~ 3~~.5. Tlae interest of a secured party bolding ~. first Iien on a Unit includes the license to any Stall which is assigned to doe Unit at the time of foreclosure of the sec~~red pa~.y~s Iien; provided that, unless the secured party has given written notice to the Associatio;~ of a ca~n~aY~r agreement with the Omer of the U~.it, the secured party's consent tb the transfer of a Stall license pxior to the catnrnenccment of a foreclosure action shall not be required if at least one Mall rerna~.s licensed to the Unit. ~ . x.3.6, The use of the Stalls and the Garage, and the size and types of cars and. other vehicles which may be l~ep~ in the Orarage, are subject to the restricfians set forth in this T~eclaration and the Rules and Regulations approved from,time to fine by the ~aazd, The Association shall apply far and inaii~tain any permits required far the Garage. . Any l~icerise,' Iea.se, xental, use, assignment, transfer or purporled transfer of any interest in a Stall in violation vfthis section shall be void, 3,4, ~~~~~g~ A~;~as. A, po~~ian of the wilding Oomn~an ~Iements incl~ides storage areas~const~cted as a part of the orig~al aonstra.ctian of the ~~iilding ~oo~lectively the "Stagy+age .Areas" ar individually a ""forage Area"}, which may be licensed to and reserved far ~tse by Owners and Occupants of Units, and their tenants, The Storage Areas shall be licensed by the Association to the Units by operation ofthis Section 3,~4 as authorized by -~eGtiOn SIS~~~~i~2~.~) . of ~OtOA.. ~ The Storage Areas shall be licensed, and fhc operafian anal transfer of the Storage Areas shall he administered by the Association, in accordance with this Section 3,4. The fallo~ring~ conditions and restrictions shall gave. the licensing, assignment, use and transfet~ of the Storage Areas. ~,~~~. The exclusive license to use an.e o~~ more desig~~afed storage Areas nzay be granted as a part of the conveyance by the Owner of a Unit that has not been previously voluntarily conveyed as of the effective date of this ]~eclaratian the "Original ......._. _............. _._..... ,.....M...~eller.").~ 'phe original ~ener shall .file with the Assaciatian..written notice of.the ~Unlt...... aonveyed and the~iden~fier for the Storage Area. A.dclltiQnal Storage A~+ea llcensas shall be issued by the Association pursuant to this Sect~ari ~,~ upon .fie filing with ,the . Assaciat~an oi`a similar written notice by the ~~.glnal Seller, l~ffective upon the filing of . the notice of~ Storage :A~ea assignment with the Assoaia.tion, the identified Storage Area shall, by operation of this Section 3.~, be deemed to be licensed by Elie Association as of the date set Earth in ~e notice ~to the Qwner of the Unit designated in the i~atice. A . certificate ~ evidencing the Stax~.ge Area license slaa.Il be executed by the President ar Secretary of the Assaciafian an behalf of the Association and made available far tirneiy delivery to the Owner of the Unit to which the license xs assigned, ~ Any Sxarage Areas reir~aining unlicensed aflei~ all Units have been initially, voluntarily conveyed may be reserved. for handicapped parl~ing ar assigned to the Association. . 3,~,~, Upon and following the initial licensing of a Storage .Area, tl~e use rights with respect to the Storage Aran shall be deemed to be parpet~.ially licensed by the Association. exclusively to the Owner of the Unit to ~rhich the Storage Area is assigned, subject to the provisions of Section 3.4.x. The Association sllal~ :maintain records identifying ~e Stara,ge Areas, the names of the owners o~ the Units to which they arc licensed and the Batas of assignment and any transfer of the license in accordance wifh the terms of this Section. ~ . MPLS-'Ward 20z~8a3 3.4,3. A Storage Area license shall remain with the Oumer and the Unit to ~vhich ~~ is assigned ~~ntil the license is ~~ansferred in accordance with this Section, 5~~b~eot to Section 3,4.x, a., Storage Area license may be transferred, but only by first delivering to the Association ~i) a written transfer certificate, in farm approve. by the Association, signed by the ~ansferor and transferee, and ~ii~ all prior license certificates, and copies thereof, issued with respect to the Storage Area, The Association shall review the proposed ~ansfer certificate for compliance with this Section 3.4, and if the transfer camplies, ~e Association shall transfer the license on its records to the Unit awned by the transferee, In ~e absence of a properly executed transfer certificate to the contxary, a Storage Area license assig~.ed to the O~vner of a Unit at the tinge afthe Unit's conveyance shall be autarnatic~.lly transferred to the new Owner with the conveyance of title to the Unit, 3.4,4, Owners may rent or allow the use of theix licensed Storage Area to or by other Owners and Occupants, except as limited by the L~oard in waiting, The loose ar other use right shall l,e in vuritten form, and shall terminate when flee lessor, lessee ar. other user is na longer an Owner ~r Occupant, regardless of the terms of any agreement to the contrary, The Owner shall give the Association advance written notice of any lease or use agreement with respect to such O~rner's Storage Area, and shall provide a copy of the lease ar use agreement to the Association ~~pon its request, The Association may hold, convey and transfer the lic~nsc to, or rent, a Storage Area assigned to it, 3,4.x. The Interest of a secured pad holding a first Tien on a Unit includes the license to any Storage Area which is assigned to the Unit at the time of fareclost~re of the secured party's lien; pxovided that, unless the secured party has given written 'notice to the Association of a contrary agreement with the Owner of the Unit, the secured party's consent to the transfer of a Storage Area license, prior to the commencement of a , foreclos~Yre action shall n.at be requYred if at least one Storage Area xe~mains licensed to ., .. ~ the Unit ~ ~. 3,4,x, The use ofthe Storage Areas, anal the sire and types of~pcrsot~al property that nay be stored in the Storage Areas, are subject to the restrictions set forth in this Declaration and the Rules and Regulations approved from true to time by the 13aard, Any lzcense,~lease, rental, use, assignment, transfer or purported transfer of any interest in a. Storage Area in violation o~'this Section shall be void. 3~5~ ~,iaensin ofPla~a Area, The Owner afthe Oo~ntnercial Unit ad~aining the Playa Area shall, if the Unit is utilised far a restaurant, coffee shop ar si~.ilax food se~ice facility, have a license for the outdoor seating of customers o~. and within the Plaza Area, The Playa Area shall be sub~eGt to such. reasonable .Mules as may be approved by the ward from tiuae to tune to ensure that noisy a~Yd. activities occurring on the Pl~,~a. Area do not unduly disturb the quiet cn~oyment of other Owners and Occupants, Such Rules may, but need not, include hours of operation consistent with maintaining the quiet en~ayment of the property by all Owners and Occupants, ivirr.,s-Word X02180,3 ~ 3.5, A~.exatian of Offer pra er ~.~ai praper~y ~.ay ~e aided to the can~rnon interest community as Co~non Elements, and sub~eeted to this Declaration, in accordance with ~~ section 515B,~-~~5 of11~CZOA A~~C~C~AT~ON N.~i~R~~3Y~; ~~~T~, 0~~~~A.TxO:~~ A~1'~ INT~R~~T~ ~etnbership in the Association, and the allocation to each Unit of a portion of the votes in the Assaciatian, a portion of the Camnaan Expenses and a portion of the nndivided interests in the Can~.mon Elements of the Association, shall be governed by the fallowing provisions; •~ ~ ~ ;. ~,i, i~err~bersh~ ,Each Owner shalt be a l~e~mber solely by reason of owning a Unit, and the membership shah be transferred with the conveyance of the Owner's interest in the CJnit, ~ An O~vner's m.e~.bership sha11 tern~uate whey the Owner's a~mership terminates. when mare ~- ane Person is an Owner of a Unit, all su~Gh Persons shall be 1vlembers, but multiple ~.. than awnersh~p of a Unit shall n,ot change the voting rights allocatcd to s~ICh Unit nor autbor~~e the d~vis~on. of ~.e ~vat~ng ~,ghts, ~ . 4,~~ Alocation of ~'otr~n Rx hts Common Ex erases and. Undivided lnter~ests. ~Votit~g . ri hts, Common Expense obligatio~as and undivided interests in -the Camn~an Elements are ~' allacated among the units based. neon the appraximate area of each Unitas can~pa~red to the total of the approximate areas of all Units, subject to ~i} allocations of Gammon expenses associated , with the maintenance of f,imited Common EZemen.ts as described in ~ectian ~,4.i, iii} allocations , of Cozn~na~ expenses between the Resrdent~al Utnt Class a~.d the Com~nerc7al Unit Class as described in Section 6~4,~~ and. {iii} a,llacations of limited Assessments as described in Section 6.4,3, ~,3, ~, urtenant Ri hts Obli at~ons and 7nterests~ The ownership of a Unit shall ~ . , ~~.. ~ ' ' ed interests and Common 'Ex erase obli~a~.ons described .in . ~ ~.chxde the vat~ng rx.ghts, undfvtd P i ~ is interests and abli ations, and the title to the t1'n.its, shall not be Sect~an. 4,2. Said x gh , g rated or canoe ed se arately, and any co~veyanGe, encurn~ra.nce, ~~tdicial sale ar osier sepa ~' p transfer of any allocated interest in a Unit, separate frarn the title to the Unit shall be vo1d, The } allocation of the ri hts, interests and obligations desc~bed in this Section naay ~nat be changed, ~ ~ excs t in accordance vrit~a the Gover.~ng Docu~.ents and~NiCiOA, ~ i i 4,q~, Autllori to Vote. The Owner, ar some natural person designated to act as proxy cr and who need not be an Owner, may cast the vote allocated to such Unit on behalf of the Owl ~ . at ~.eetin s of the Association, ~aWevor, if there are multiple Owners of a Unit, only the Owner ~ . ar other erson designated pursuant to the provisions of ~e Eylaws may cast such vote, The ~ . vatin~ rights ~af Owners are mare fully described in Section 3 of the l~y1a~'s~ g .; 4 , , • . MPI~~-Ward ~02~80,3 ~.0 ~ ~ ! . 7 . ~.G~1~~~ AI~IY~Zl~IT~AT~~N~ The adnu~istration and operation of tl~e A.ssaciation and tn~ Pxoper~r, inclx~ding but n.ot limited to the eats xequixed of the Association, shall be governed by the fallowing provisions; S.l, General, The operation. and administration of the Association and the I'raperty shall be governed by the Governing ~actnnents, the Rules, and 1~~~0A, The Association, shall be responsible for the operation and nnanage~nent of the property. The Association shill have all pawexs described in ~e Governing ~acuments, M~~OA and the statute under which the . Association is incorporated. All power and authority of the Association shall be vested hi the Beard, unless action or approval by the individual Owners, is specifically rewired by the ~overnin.g Dacum.ents ar M~ZOA, All references to the Association shall mean the Association acting through floe Board unless'specifically stated to the contrary, 5,~, Qp,~~a~opal Pu~~poses. The Association shall operate and manage the property far . the, pu~•poses of ~i} ad~ni~stering and enforcing the coven.ts, restrictions, easements, charges . a~.d liens set forth in the Governng ]documents and the Rules; iii}maintaining, repairing and replacing those portions of ~e property and any other property for which it is assigned.. responsibility under this Declaration; and viii} preserving the value and. the architectural character of the PrQ~erty~ 5~3. ~ind~. effect of Actions. All agreements and. detern~inatians made by the Association in accordance with the powers and voCing rights estal~Iishcd ~ by the Governing Documents or IViG~~A shall ~e binding upon all Gwners ~a.~~d Occupants, and them Jlassces, inviteas, heirs, personal representatives, successors and assigns, and all secured parties as deiYned in~I1~IO~~]A. ~ ' 5.4.~la~rs~ The Association shall have Bylaws. The Byla~s shall govern .the ' operation and administration of the Association, and. shall be binding on all Owners and Occupants. ~ . 5,~. 1~anagem~nt, ~ The Board. may delegate to a manager ar managing agent the rr~anagement dutios inapased upon. the Association's af~cers and. directors by the Governing Documents and 1V1~1DA~ . however, such delegation shall not relive tie officers anal directors of the ultimate responsibility far the performance of their duties a.s prescribed by the Gaver~ng .l~ocum.ents anal. by law. ~.6. . Rues. The ~aard shall have exclusive authority to appxave and implement, such _ reasonable Rules as ~it deems necessary from tune to time far the purpose of operating a:ad adm7.nzstexing the affairs of the Association. ar~d reg~~lating the use of the.Prapcrt~r; provided.: ~i}that the Rules shall not be inconsistent with' the Gove~.ixag Documents ar I~CiOA, 'and iii) that any Rules materially or adversely affecting only the ~an~ercial Units ar their ~,~mited Gamtnan dements must be approved by members ,of the Board that include the affirmative vote . of at least one director elected by the commercial Unit owners, and any Rule materially or ad~rerscly affecting only 'the Residential Units must be approved by members of the Board. that include the affirn~ati~re vote of at least one directo~• elected by the Residential Unit Owners. Tl~e Nrn~s-waxa ~a~~~a.~ 11 inclusion in other p~.~ts of the Governing Docume~.ts of autlaarity to approve Rules shad be deemed to be xn furtherance, and not ~ li~ni~ation, of the authority granted by this Section, New or amended Ruses shall be effective only a.~er reasonable notice thereof has been given to the . owners, ~ ' . 5.7~ .;As~oc~at~on A,sse~s;,. Surplus Fund, Ali fur~.ds and real ar personal property - ' acquired by the Association shall bs held and used fax the benefit ofthe owners far tha purposes stated in the governing Documents, Surplus fan.ds remaining aver paym.cnt of or provision for . ~amman Expenses and rese~res snail be credited against futura Assessments or added to reserves, as determined. by the Board, . ~,8, Resale .leis losers Certifica es. Pursuant to Section 51SB,~wl~7 of.l~oZOA, in the . event ~f a resale of a knit by an~ owner other than a declarant, that owner, shall fl,~rnish to the purchaser a rs~ale 'disclasure~ certificate canta.ining the information ~ required by. Section 51 ~8,4~1 ~7~b~ of ~ ~~xoA. Pursuant to Section 5158.E-~ p7~d) of i~~~OA, ~e Association shall, within ten days after a request by an owner or the owner's authorized representative, furnish fine resale disclosure certificate, The Association nay charge a reasonable fee fax furnishing the resale disclos~~re certi:~cate and any doau~nents related thereto, A.SS~SI~~~TS ~, 1. Gsw! neral. An annual budget shall ba established. far the Association and Assessments shall be determined and assessed against the l~nits by the Board, in its discretio~a; subject to the requirements and procedures set forth in this Section ~ and the requirements of the , 'Bylaws, .Assessments shall include all Assessments levied by the Association under this T~eclaration and 11~1~~oA, ~cluding but not limited to Annual .Assessments under. Section. 6.~, . and naay or shall has hereina~er required} incline special Assessments under Section ~,~ and } limited Assessments Mader Section 6,~4. Annual and special Assessments' shall be allocated ' ' an~an the C~riits in accordance with the allocation formula set forth in Ssct~o~. ~.2, l~i~nited g .Assessments undot' Section ~,~ shall be allocated to knits asset Earth in that Section. . . ~.~ ~,~, Annual Assessments. Subject to Section 6,1, annual Assessments shall be ' established and levied annually by the Board, Each annual~Assessment shall cover ~Il of the anticipated oommon Expenses of the Association fnr that year which are to be shared by all Units in accordance with tlae allac;ation formula set forth in Section ~,~, Annual Assessments , shall be payable in equal monthly ar quarterly installments, as established by the Board, Annual ~ . Assessments shall provide, atnang other things, for an adequate reserve fund for the replacenae~t of the ~o~man. Elements and those parts of the l~nits (if any} fox vcrhich the Association is , responsible and which are not fi~nded by limited Assessments pursuant to Section ~,4, ~,~. S ecial Assessments, fin., addition to annual Assessments, the Board m.ay levy in an Assessment year a special Assessment against all 1Jnits in accordance pith the allocation Y formula referred ~ tQ in Section ~.Z. Special Assessments shall be used far .the p~.~pose of defraying 7n ~whalc or in part tlae cost of any unforeseen and ti~nbudgeted o~+ ~~nderbudgeted . , ~onarn4n Expenses. . ~,4. Lirr~ited Assessments, ~~ addition to annual Assessments .and special Assessments, the 1:3oard..may ar shall has hereinafter required) levy and allocate limited Assessments among only one ar mope, but not ail, Units in accordance with the fallowing requirements and procedures: 6.d.1, Any Ca~nmon Expense associated with the maintenance, repair, ox ' replacement of a Limited Comm,on~Element shall ~e assessed exclusively against the Unit . or Units to which, that Limited Co~nrnan Element is allocated equally, in proportion to their relative areas or by, actual cost per Unit, ~ ' x,4,2. Any Cn~n~non Expense benefiting only the Residential Units as a class, or doe Cornmercial~ Units as a class, shall be assessed exclusively against the Residential Units or the Camme~cial Units, as applicable, equally, in proportion to the relative areas of the Units in the applicable class, or by actual cost per Unit, ~,~,~.1. in the case of the Residential U'.~ts, s~~ch Assessments shall include the fallowing items of Common Expense to the extent they are exclusive ~ta the Residential Units; ~ ~i} heating, plumbing, air conditioning, n~echa~,ical and other operating systems; iii) elevators and other mechanical cc~nnponents; ~xii}utilities, inclining eleet~city, gas, sewer and water; Div} r~efits~ collection; ~v~~ replacement reserves for capital items exclusive ~o, the Residential Unit Class; and Zvi} insurance and other maintenance o~ services provided by the Association exclusive t~ the Residential Unit C1a.ss. . 6,4,2.2. ~n the ease of the ~ Commercial Units, such Assessments shall include the following items of Com~nan Expense to the extent they are exclusive to one or mare Commercial Units; •~i} heating, plumbing, °air conditioning, mechanical and other operating systems; ~ii~ utilities, ~cluding electricity, gas, seiner and water; ~~ii) refuse callectian; Div) replacena.ant reserves ~`or capital items exclusive to the Residential Unit Class; and ~v) insurance and a~ier maintenance or services provided by the Association. exclusive to the ~Canunercial Unit Class, . G,~.3, Any Gammon Expense benefiting fewer than all of the Units bud not falling with. Section 6,4,i or Section 6.4,2 may, at the ~oard'~ discretion, be assessed. against the Unit or Units benefited equally, in proportion to their relative areas ai by actual cost per Unit. 6,4,4, Ta the extent not savored by Sectien ~,~.~, the costs of insurance maybe assessed equally, in proportion to the relative areas of the Units in the' applicable Unit class or by actual cost per Unit, and the casts of cananaan utilities may be assessed ~~ equally, in proportion to usage ar the relative areas of the Units ~. the applicable Unit class,'ar by such other reasonable allocation as may be approved by the hoard. ~,~.~. Reasonable attorneys' fees and other professional casts i~.curred by the Association in connection with ~i) the collection of Assessments, and iii) the enfaraement of the ~averning l~ocu~nents, l~Cx~A, or the Rules against an Cwne~ ar Occupant ar their gaests, maybe assessed against the, owner's Unit, MPLS~Word 20~t$0.3 ~~ i 4 6,4,6.. Late charge, Vines and inte~~est nay b~ assessed as provided in section l~. . Assessments levied under Section ~15B.3-116~a~ of ~~IOA to pay a 6,4.7. ' meat a ai~.st the Association nay be levied only against the Units existing at tha ~u~g ~ ~ ~h it ~an~non ~~ erase l~abilsties. time tine ~~udgmcnt was entered, in propart~on to t e p darna e tQ the ~oYTI'n~On ~Ele~ments, Limited Common Elements or 6,4,8. Zf~any g . other Unit or sn.y portion of the OV~111er'~ Unit that the Association is obligated to an 'ntain hereunder is caused by. the act or omission of any Owner or Occupant, or they ~ . rr~a1 sts tlae Assoaiad.an may assess the costs of repairing the damage e~clus~vely aga~~nst . gr.~c . the Owner's Unit to the extent not covered by insurance. vied .der Sections 64.1 through 6,4,8 nay, at the Eaard's discretion, be ~., Assessments le ' ' n. to the Assessments levied under Section ~, ~ or ~.~, assessed as a part of, ar in addit~o i.. ,. ' Tra,~asfer FeeF Far urposes of funding the .Association's on- ~ 6•~~ warl~n Ca stall p be aid to the ~ ~ ` re lacement resertres and. related needs, the follaw~ng amounts .shall p ~ ~ going p ' n the sale of Units a,~er the effective date of this ~7eclaration. [finless nthervv~se .Assaclat~on upa ~ ' ~ eed in wrl~n b ~e Eoard, the Association shall charge ~ collect a "Tra~asfer I ~1n~m.eusly agr g Y "~~ accordance with the requirements of this Section 6.5, Fee ~n . ~ of the effective date of this ~eclaratian shad be an ~ . G.5,1, The Transfer Fee ~~ The Transfer ~ to two-mont'h's Assessments for the Unit being tr~.nsferre~, ~ amount equal n ed for an future caler~dax yeal• by the vote of seventyMfive percent of ' . Fee maybe cha g Y tubers of the Boarrd.. The 'fxansfer Fee shall not be erechted against anY the me Assessment due VV1t~l ~~~peGt td ~e Unit, of titls to a Unit exclusive of exempt transfers under 6.5,x, Upon each transfer ~ ~ e T~~.nsfer Fce shall be cha~'ged to ~e buyer o~'the Urnt and shall be Section 6.S,b.~lv)), th ~ . ~ ~ sin of the transfer, if not paid at~ closings ~e € payable to the Assoc~at~an at the clo g ,. ~ i d shall be a continuing personal obligation of the r obltgat~an shall survive the closing an or her Unit shall ¢ ~ the Unit and a lien against the Unit. Each Owner selling his er o ~ buy n's Sea~~eta or other designee at least 15 days prior to the notify the Assoc~atta ~' r the ra osed date and place of scheduled closing au.d provide ~e natn~ of the buye , p p clasin ,and ~y other infortnnation the Board may ~'easonab y requ~re• g Fees ma be used to fund that Fo~ion al" the annual . 6.5.~~ The Transfer Y ~ d for related re lacement xeserves not funded by annual or special Assessments, or use . , . , ~ be used to en a e ~n l~tlgat~on, ores app~'oved by .the $oard. Transfer Fees shall not g g p , , .. iri lobb in , ratest~.~, or taping or assertirxg a or in at~y political activity, ~nclud g Y g p ~ osit~on, in any planning or ~on~g matter, ~ ~ : F ' the above no Transfer Fee shall be levied upon the 6,x,4, Notw~thstand~ng ~ ~ . ~ llowin transfers of title to s. Unit ~"exempt transfers"); fo g ~ ~l~ by or to a declarant; ~ ' . ~ ~ -W'or~ Z0218Q,~ ~ 4 l ~~~ 1 ti . {2~ by a ca-Owner to any person who was a co-owner of the sane Unit immediately prior to such transfer; . ~3) , by reason of the. death of an Owner to the owner's estate, a trZist created by the Owner, ~, ~urvivYng spouse, or the Owner}s heirs; ~4) by an Owner to an entity wholly owned or controlled 'by the . Owner; or to a revocable or family gust created by ~c Ownex for the benei°it of the Owner, his ar her spouse, andlor heirs; (~S~ to a Mortgagee in connection with the foreclosure of a 1vlartgage or a deed xn lieu of foreclosure; qr ~G} under other circumstances that the Board unanimously designates, in writ~.g, as an exempt transfer, . ~.~, ~iabiii of Owners for Assessments, 7f an Assessment has been levied, the obligation of an owner to pay Assessments shall commence at the time at~ which the Owner acquires title to the Owner's Unit. The Owner a.t the tune an Assessment is payable with respect to the Unit shall be personally liable fog the share of the common expenses assessed against such Unit, Such liability shall be joint and several where there are ~~~ti.ple Owners of the Unit, Subject to Section. 6.7, the liability is absolute and uncar~ditional and no Owner is exempt from liability for payment of Assessments by right of setoff, by waiver of use or enj ayment of any part of the Property, by absence franc or abandan~nent of the Unit, by the waiver of any other rights, or by mason of any china against the Association ar its officers, directors or agents, or for their failure to fulfill any duties under ~e Governing bocurnents or MC~OA, ~,7: A.ssessme~zt lien, The Association has a lien on a Unit far any .Assessment levied ; against that Unit franc the ti~.e the Assessment becomes due, if an Assessment is payable. in ~ . installments, the dull amount of the Assessment is a lien from the time the first installrrient thereof becomes due, Fees, charges, late cha~'ges, sines and interest charges imposed by the Association pursuant to Section S~SB,3-1~2~a~~1~), ~~ ~) and X12} of.M~XOA are liens, and are enforceable as Assessments, under this Section 6, Retarding of this I~ecl~ration constitutes record. notice and perfection of anylien under this Section 6, and no fi~rther retarding of any native of or claim for the Tien is 'required. The release of the lien shall oat release the Owner from personal liability unless arced to in writing by the Association. 6,5. ~`oreclosure of ~icn~ Re~edies~ .A. lien for Assessments may be foreclosed against a Unit under the laws of the state ofll~innesata ~i) by action, or iii) by advertisement in a like n~antae~ as .a naartgage containing a power of sale. The Association, or its ar~thari~ed representative, shall have the power to bid in at the foreclosure sale and ta~ acquire, hold, lease, ~riortgage and convey any Unit so acquired, The Ov~ner and any other Person claiming an interest in the Unit, by the acceptance ar assertion of any interest in the Unit, grants to the Association a power of sale and full authority to accomplish the fare~closuxe. The Association shall, in addition ~o its other remedies, have the right to pursue any other rernedy at law or in equity against the Owner who fails to pay any Assessment ar charge against the Unit, M~'LS~Word 2QZ 18~~3 ~ ~ ~~ ~ r ' ' ri ~ p`oreclosure, Alien for .Assessments is prior to ail other liens and 6 ~ lien P~.a ,~ . f encumbrances on a Unit except ~i} liens and enc~abrances recorded before this Declaration; . ii an first mort a e an ~.e Unit; and viii} liens for zeal estate tapes and' other governmental . C} Y ~g assessments or charges against the Unit, ~aturithstandtng fho foregoing, ff C~) a first mortgage rt a e eras recorded. on ar after the date of recardin.g of ~ ~ ~~ an a Unit ~s foreclosed, (~} the, f rst m.a g g ' laratian~ and 3 no Owner redeems d~~ng the Owner's period of ~c~.empt~on provided , this Dec a ~ } he sheriff ~ certif~c~,te of b Ntinnesota Statutes Chapters 5 8Q, 5~ ~, ar ~ S~, then the hoiden of t y the fareclasur'e of the first mortgage shall take tale to 'the D'nrt subJect to unpaid sale from ant to sections 51~8.~~~ 1~~a}, ~e}~~} to (3}, ~f} , Assessments far Gammon Expenses levied purse came due Without acceleration, during ~e six months irnrnediately , and fit} of 1VlC~~A which be ` h first da f'allawin the .end of the Ownex's pe~~iad of redemption, preceding t e y g s and A.ssessn~ents. Real estate taxes, special assessments, and ~. l p, l~,eal Estate Taxe es and fees which may be levied against the Canunon. Elements ~y governmental a other charg levied e call among the Units, and shall be a lien against each . autlxorrt~es, shall bo allocated and ~. Y ~ ~ ' a ainst the ' e same miner as a lien. for real estate taxes ~ncl special assessrncnts lev~ecl g Unit gyn. th Unit alone. Conve antes' Statement of Assessments. in a volunt~.y conveyance 6, ~ l,, '~ol~unt er shall not be ersonally liable fa~~ any unpaid Assessments and other charges of a Un1t, the l~uy l' ri r to the time of conveyance to b the Association against the seller or the seliex's C~nit p o , ~x~a~e y er. however the lien of Such Assessments shall the buyer, unless expressly asslur~ed ~by the buy ~ . e~nent in ain a ainst the Unit until xeleased, Any seller or buyer shall lie entitled to a scat , tern g the Association sett~.ug faith the amount of the unpaid Assessments recordable form, from ' it includ~n all Assessments payable in the Association's current fiscal year, against the Un. , ~ . ich statement shall be bind~g an the Association, seller and buyer, wh S~~TxO~ ~ ~S~'R~C~'~~~t~S ON ~JS~ t~T POP~~T~ , is ahd. all secured parties, by their acceptance ar assertion of an ~ . All owners and ~ceupan x ~ t and a nee that, in addition to interest in tho Property, ar b~ their occupancy of a Urltt, cavenan g ' bleb ma be im osed by NfC~~.A or the Governing T~ocuments, the any other xastr~ct~ans ~v y ~ f the Pro e ~ shall lac subs ect to the occu ant ,use, operation, alienation and conveyance o P ~Y p y following restrictions; roe shall bo owned, conveyed, encurnbercd, leased, used and 7, ~ , ~en~ral, The P p ~' ' vein Documents and N~C~~A., as amended from time to t1me..All occupied subject to the Ga g 'n Documents are in furtherance covenants, r'esirictians and obligations set Earth ~n the Goverr~~ g e and shall run v~ith the Property and lie a~ b~xrden and benefit to ail of a plan far the Prop ~y~ irin or aWnra. an interest ~n the. Property, Owners and Gccupants anal to any other Person acqu g g their heirs, personas representatives, successors and ass~gns~ ' ivisions and Canve anew Prahibftecl. E~.cept as pe~ni.tted by his . -7,2, Certa~~. Subd e sul7divicled oz} a~~t~aned anon no Unit n.or any part of the Common Elements may b p Ocelot , ' tsar Written a naval of all OWncrs and all 11~ortgagees haldrng first mortgages an wrtheut ~e p pp the Units, . MT'LS•Wo~d X02180.3 ~' ~ ~`,~, ~ use of._~~s~~.e_nt~.i ,U~.t~, except as provi~.ed in Sec~ians 7,~ and 7~~, the Residential CJnits~ shall be used by Oun~ers and. Occupants and~their guests exclusively~as private, siugle fancily residential dwellings, and not far transient, hotel, oanam.ercral, business ar ath~r non~residen~ial purposes, Any lease a~f a Residential Unit or other occupancy arrangement. ~callectively referred to as a "Lease"} that includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes, '1,4, ~~siness Use in Residen~aZ Units, Na business, trade, occupation ar pra~ession ' of any bind, whether carried on for profit ar otherwise,~~ shall be conducted, maintained ar . permitted in any Residential Unit a~~ the Ca~nncon dements, except; '~.~.1, An Owner ar Occupant residing ~ a Residential Unit naay ~main~ain a home occupation in such Residential Unit; provided, that 'such use ~i} is incidental to tha residential use; (ii} does not evolve physical alteration of the Residential Unit visible . franc the axteriar; iii} is in catnpliance with all gavern7nental laws, ordinances and regulations; ~iv~ does not involve observable business activity s~YCh as signs, advertising displays, deliveries, ar pedestrian or vehicular traffic to and from. the Residential Unit; (~'} does not involve employees; and. ~vi~ does not involve activity which disturbs the quiet enjoyment of the Property by other Owners ar Occupants. 7.4,2, The Association ncay maintain offices an the Property for managetnent and related purposes. ~.4,~`, A holder of a first mortgage that acquires title to any Unit by fareclasure' or deed ~ lieu of foreclosure may maintain a Unit used as a model in connection with its sales of the Units acquired, and shah have, rights of access to the Units far its cat~tractors and prospective buyers and agents, 7,4,x. The Owner and Occupants of the Can~~.er~~a~ Units, and their business invitees, may use the Commercial Units anal the Limited Canaman ~le~nents allocated to such Commercial Units far busin.~ss activities, subject to any lincitatians set forth. ~ this Declaration, '~,5, use _af Concme~cxal Units, The Commercial Units shall be used by the Owners cud. Occupants thereof, and their employees and customers, exclusively for commercial, retail and other nonres~dent~al purposes; subject to the falXawing additional q~talifications and. restrictions: , x',5,1, Notwithstanding any provision contained. herein to ~e contrary, the Owners and Occupants of the Cotrimercial Units, their tenants and. employees, shall be . entitled to, use such po~tians of the B~Idings designed andintended to save tae Commercial Units, but ownership of the Comme~{cial Unit shall not otherwise entitle the Owners ar Qccupants thereof, theix tenants and employees, to the use a~~ benef~ti of ~y portions of the Common ~Ye~.cnts and related Impravencents designed. and intended to exclusively save the Residential Units MPLS-Ward 2~~1$0,3 ~-~ i I '~,~.2, No waste ar hs,~ardous naaterlals shall be introduced, created or stored within the Commercial .Units axeelsewhere an the Fraper~y, ~o~ activities shall be ~ ~ conducted within the Commercial Units that i~.pose dang~raus or extraordinary lows o~ mechanical, electrical, plumbing or other systems within the Building, and no changes ot~ . ~mp~averraent~ shall be made ar installed within the Commercial Units ar their Limited ~om~n.an Blernents that adversely affect ar impair the structl,~ral ar mechanical integrity of the building, the Building shell, any ~uildi~.g operating equipment, ar the sound insulation quality of the Building, '~,6, ~ Leasin ~ Leasing the ~~aits shall be subject to the following tuns and condltions~ ~g , ~~ ~ ~ 7.6.1. Residential Units may be leased, subject to reasonable regul~.tion by the ` ,. Association, but only in accordance with the following cond~t~ons; ~1~ no Resadcntaal Unit ~ 1 . ~ m.ay be subleased; ~~~ unless shuultaneously occupied by the G~rn.er, a Residential 'nit must be leased in its entirety not by roorra~; viii} all leases shall be in writi:ag; Div} unless ' ~ ~ i din. wrttin b tlac Beard no residential~le~se shall be for a period of Iess ~tha~. 1 author ze g Y ' three months ar mare than twelve maths; anal ~v~ ill leases shill provide that they are ~ . ~ he Rules and MCIUA. and that an failure of the ~ ~ sub j eet to the ~averning Documents, t Y lessee to comply with the terms of such docu7ne~ats shall be default under the lease, The leasing .af R.esidential Units shaii. be fi~rther subject to the restxictians set fart~h in. Section. ~, , . , 7,6,x, The Association may Impose such rsa.sanal~le Mules as naay be necessary to implement procedures for the leasing of Residential Units, consistent with Section 7,6.1 and applicable law, including but not Ii~nited to (i} a requirement for the ~~ screening . of lessees through a. llcensecl screening organizstioaa, provided that such screening shall not violate federal, state ar Iocal ~.scrimination laws, and ~li~ a , requirement far a lease addendum subardihatiag the lease to the Governing DoGUrr~ents . and 1nco~orating certain use reslriction.s co~isistent with Section 7,6.1. 7,6,x, 'fie Commeroial 'nits nay be lease, subject e~aly to Section 7.5 and ` Section 7.6.1 viii} and ~v}, and to any other Sect~ans of this Declaration expressly . ' governing the ~orr~mercial Units, 7,~'. ~tax___~g_a e„and Paring. Personal property tray net be stated, displayed or otherrise left o~rtside the Units, except as authorized by the Board, The streets, walkways, driveways and i ns ofthe Cowman dements used far access to and from tlae Units, nay net be olastruc~ed, part a Dr used far aa~l~ing~ storage, activities ar any p~.rpose ether Haan access and authorized pai~lang. ~ . Garage parking stalls shall net be converted to other uses or used for storage ar other purposes ' which would revert the paa~l~ng of a full size automobile in, each stall, Any vehicle thst, when. , p arked, extends Into or over the ~ drive lanes ar striped parl~ing lanes wa~hin the Garage ~s p rohibited fi~orn parking within the Garage unless authorized in writing by ~e board, The use of . P the G,ara e and other parl~i~g areas shall be subject to regelatian by the Association, including g but not limited to the a~ight ~f the Association to regulate parl~ing, grad storage, taw vehacles arked in unauthorized areas or xn an u~~authorized manner, or remove unautlaoxized personal p property. 1vi~~S~ward ~Q2] 80.3 ~ ~ ~ 7~~, 5„ rgr~s, Except as described in this ~ee~on, permitted under apptieabie law or the Rules, ar otherwise authorized in wri~.g by the Eoa~d, signs located anywhere an the Property which are visible from the exterior of the, Buildings shall be prohibited ,Signs canstra.ctcd ar installed for the benefit of a ~amrnercial Unit pursuant to the ease~ncrit established under section 11 arc au~.orized, but shall not be expau.ded, replaced ar otherwise materially madi~ed aver the ini~al canst~.ctian or approval thercaf, unless approved in waiting by the ward pursuant to the standards set forth below; 7,S,I, Si~ns~ shall be~high quality a~ad type copsistent wig. the ovexall design. and location crite~ti fog commercial sign~.ge, Original exterior signs canst~.cted or approved ire can~pliance with the pity ordinances shall automatically be deemed reasonable and approved within the meaning of this Section, 'x,8,2, Tl~e location of exterior signs identifying a commercial Unit are limited to those parts of the ~omrnan Elements or Limited ~o~non Elements oniginally desi;~nated as commercial sign. locations or subsequently authorized in writing by tl~a . Board. 7~~,~, No~ sign shall emit any significant noise, nor any blinl~ing or oscillating light of any type. 7.8.x. Signs shall conform to applicable governmental laws, codes, ordinances and restrictions, 7,$,S, . "Far Sale" sigu.s for Residential Units may ~be maintained as authorized by the Board, "For Lease" and "For Baia" signs may be maintained in the windows of the Oommercial Units, ar athex areas as authari~ed by the Board. '~,9,, Animals, The Board shall have the exclusive authority to prohibit, or to allow and. :regulate, by Rules, the beeping of animals an. the Propert~r, This authority ~nay~be exercised so as to permit ar prohibit dii'ferent types of animals, but those animals which are permitted cif any) shall be limited to can~mon domestic hawse pats such as dogs, cats, ash, birds and the life, I3owever, no animal m.ay be brad, ar kept or maintained for business or corrunercial purposes, , anywhere an the Property. The word ``animal" shall be interpreted in its broadest sense and. shall include all living creat~.res except humans. ~atwithstanding the foregoing, no R.u.le ar Regalatian may prahxbit the keeping of a qualified service dog or similar animal by a person who is handicapped within the rnoanzng of the Fair Uausing Arnendmeuts Act of 195 ar comparable state law, 7,1 p, ~~~, ravements, Except as permitted under applicable stake ox federal law or as otherwise provided herein, na ~nadi~Ga~tions, I~nprovernents, repairs or replacements of any typo, temparaty ar permanept, st~•uct~ral, aesthetic or otherwise collectively referred tQ as "Improvements"), including but not li~ited to, any st~~cture, building, addition, decl~, patio, fence, wall, enclosure, window, exterior door, antenna ar other type of sanding or receiving apparatus, sign, flag, display, decoration,, color change, sh~bbe~r, material topographical or landscaping cha~.ge, shall be made, or caused ar allowed to be made, by any owner ar Occupant, ortheir invitees, in any pad of the Oomm.a:~ Elements, Limited Co~ntnan dements, ox In any part of the Unit which affects the Cbtnman Elements, tl~e Limited ComYnon Elements ar another MILS-Word 20180.3 ~~ ~ 1 ~7nit, ar which is visible ~an~ the exterior of the C~nit, without the pz~iax written authari~ation of the ~nard, or an architectural camn~ttee appointed by it, ~a.d compliance with the requirements of this Section, . . ~ 7, ~ n,1, The Board nay appoint, supervise and. disestablish an axcl~tect~al ca~mrnitt~e, and specifically delegate to it part or all ot` the functions which the ~3aa~d exercises under this ~ectian, in which case the references to the~Baard shall refer to the architectural committee where appropriate. In ~e event the Board mares a delegation ' hereunder, the Board shall also cleterlnine whether there is a right to appeal decisions of . . ~ the architectural cpn~nlittee to the Board ands if so, the procedures that shall govern such an appeal, N'atwithstandingche foregoing, the architectclral camxnittee shall be subject to the supervision afthe Board, 7.1 Q,~, The Board shall have authority to astablish reasan~able ~`o~.ns a.nd procedures far applying far authari~atian fox l~mprovements, and reasonable requirements ' for lmp~'overr~ents, The Board, in its sale disc~retipn, may impose standards for design, ~ . ~.ppearanee ar construction ~rhich arc greater or more st~ngent than standards prescribed by the ~everning l~acuments or ~y building, coning, ar other governmental laws, codes, or regulations; provided that such standards shall be consistent with ~ the arcl~itect~~ral chi.+actcr and ~~se of the Property as approved. by the City. The Board shall bo the sole judge of whether such criteria arc satis:~ad, subject to any ~•estrictions 'imposed by any applicable governmental laws, caries, ordinances or regulations, and small have tlae right ~d authority to approve, canditxonally approve ar d.eny requests far ~.tnprovements in its sofa absolute discretion and its determination in this regard. shall be final and. binding upon the ~wne~s, occupants and any other Pe~~san holding or acquiYing any interest in the Unit, 7,10,x, The purpose of the requirements established by the ~aard shall be ~i~ to preserve ~e architectaral style, the quality and ,toe value of the Property, and ~ii~ to rated the Association and the owners from undue liability arising out of the p . lmprovem.ents ar any construction activity in aon~t~ction therewith. 7,10.4, 1m rove~nents nay be made in compliance with Section S15B.2~1 ~3 of p ~Ci~A, and relocation off' the boundaries of Units may be made in compliance with Section 51~B,~-114 of MCI~A, . ,. 7,1 a,~, .Approval of lm~rave~nents ~rhich cause a minor encroachment upon mother C]nit ar the Camman Elements shalt create an appurtenant ease~mcnt for such encraachn~ent in ~`avor of the l~'nit with respect to which the 7~mprove~ments are approved,, ~. notwithstanding any contrary requirement in the Gaver~.g I~ocunaents ar 1~C~0A..A ... file of tae Board or aamtnittee resolutions approving ~ ar denying all proposed lrnprov~m.ents shall bs rnaintaincd permanently as a park of the Assnciationys records, '~,~a,~, ~atwithstanding the t'estrictians sat forth in this Section 7,10, antennas . may be xnsialled ~ in accordance with applicable federal 1avc~ and the pules cansister~t (herewith. 7,10.x, An Owner who causes an ~~npraven~ent to be made, regardless of ' whether the hnprovernent is approved by the Board, shall be solely respansibie far the cansi~ction standards and speci~catians relating to the lrnpravement, and for the . constxuction'~vorl~, The ~3wner, and not the Association, is responsible far dete~ning . whether ~ny~ Improvement is in ~ compliance with any requirements itnpascd by any ~ . governmental authority having jurisdiction over the Property, The Owner shall hold harmless, indemnify and defend ~e Assacia~ion, and its officers and directors, from anal against any expenses, ~ claims, damages, losses ar other liabilities, including without . limitation attorneys' fees and athez~ professional fees and costs, arising nut of (z) any . improv~rr~ent which violates any' governmental laws, codes, ~ ordinances or regulationsr (ii} the inadequacy of the specif~eations for eonst~ction of the x~.provements; ar . viii} defects in the construction of the rn~prave~nents. . ?, ~ 1, iet Bn' a, nom,, All Owners and Occupants and their gaests shall have a right off` quiet enjoyment in their respective Units, subject to the rights of ~i) other Owners and . Occupants to reasonable u.se of ~aeir respective Units and to the nornzal and cti.stamary sights, . sounds, odors and activity generated thereby given the residential and cn~mercial living . environment associ~.ted with the n~,tare and structure of the buildings, and ~ii~ the Owners and Occupants of the Commercial Units to conduct their respective businesses in a manner custa~nary fax such businesses and to the narinal a.nd customary sights, sounds, activities and odors ,which are generated from the operation and. patronage of such businesses, including without, limitation restaurant and outdoor dining facilities, Su~~bject to the foregoing con.sicleratians, Owners and Occupants shall use the Property in such a manner as will not cause ' a nuisance, nor .duly restrict, interfere with or impede the use and quiet enjoyment of the property by other ~l~rners and Occupants and their guests. . ~.1~. Prohibited_ ~on,duct IVo Owner ax Occupant shall (i~ cause or permit any physxcai changes to their Unit that .could ~eapardi~e or impair the weather-tight soundness or safety of a Building, any Building system, ar other ~nap~'oven~ent located an the Property, ~ii~ interfere with any easement; viii} install ar permit the installation of hard surface f~,aar coverings within a Residential Unit without the p~~ior written authariza~on of the Board, except far the replacement of floor cover~gs of the same type as originally installed. in the Unit;' ar Div) ca~~se or permit any , physical changes to a Residential Unit which could damage or otherwise affect 'any camn~an wall, float or ceiling surrounding a residential Unit, ar the sound ba~~riers or so~~nd. attenuation :materials ~in~talled on ar within. the ceilings, floors ax walls surrounding the Unit wi~io~t the prior written authorization ofthe Board, ~ . 7,1 ~, Cam Rance urith Law, No use shall be made of the Property which would violste any then bxisting ~.unicipal caries or ordinances, ar state ar federal laws, nor shall any act or use be permitted which ca~uld cause waste to the Property, cause a. material increase in insurance rates on the Property`, ar otherwise cause any unusual liability, health ar safety risk, ar axpense, for the Association ar any Owner or Occupant. ~'.4, ~cvelo n~ent A cement, The Property is subject to a I~evelapr~ent Agrcernant by and between ~ the ,original declarant and the Oity. The l~evelap~nent Agreement contains vario~~s restrictions and ~equiren~ents with respect to the development and use of the Property, and is binding upfln the Prope~y and the Owners and. Occupants. MPS-VU'ord ~~218D,3 ~ 7.15, 'Tune Shares Prahi>~ited, ~ The time sham form of awnersl~ip, or any comparable farm of lease, occupancy rights ar Qwnership which has the e1"~'ect of dividing the pwr~e-rship ar occupancy of a Ur~t into separate tine periods, is 'prohibited. ~. 7,16, Access to knits, in case of emergency, all Units and.Lirnited Con~.on Elements . are subject ta~ end, without notice and at any time, by an officer or men~~ber of ~e Board, by the Association's mana.geme~.t agents or by any public safety pe~sannel, Enter is also a~~tharized~ far rnaint~nan~e purposes under Sections 8 and. for the purposes described in Section 1~, 't'he board may require that an Owner provide to the Board. a ley to the owner's Unit to be~~.sed if there is a . aced for e~nergency access, ~ . ~~T~~AI~C~ A~I~ PAIR . Tho following provisions shall govern the maintenance, r~air and replacement of the . Property . 8,1. Association RespQnslbl~. Thy Association shall z~ndcrtake and per~farm the ~naintenarace, ~e air and repla~cen~ent of the Common Elements and LiYnited Camma~ dements, in accordance Frith the fallowing provisions and subject to the following quall~catians. . 8.1,1, Unless otherwise agreed by the ward and the Owner or Owners of the affected Commercial Unit or Units, the Owner of each Cornn~.ercial Unit shall be . . obligated to maintain, at its expense, (i} all Limited Ccrn~.an Elements allocated to such . Owner's Unit, and (iii the Cgmrnerci~.l Appur~enanccs- . 8,1.x,. Zn addition to the obligations described in Section 8.1,1, the Association rnay, upon reasonable notice, assign to an Owner ar Owners the obliga.~nn ~ for maintenance of a Limited Common Elerr~ent allocated to such Q~crner's Ua~t, or C~om~nan Elerrients benefiting only that Unit. xf the Owner fails to perform the gw~.~er's maintenance obligations under Section ~,~ to the standards established by ~e Association, the ,Association may enter the Unit ar Limited Common Element, perFo~~n the main.ten.ance and assess the ~Dwner's Unit for the costs; provided that reasonable . notice and an appartt7nity to cure tae violation shall first be given to the Owner. 8,1,x, The Association naay, upon ~~easonable notice, elect to rna7ntain, repay or ' replace mechanical, structural cr other conapot~ents within the Units and assess the cQSts ' against the Unit, if the failure or impairrrient of the component could result in damage to the Carnmon Elements, Limited Cam~nan Elements or other Units, impair the function of any Building system, ar coup create a health nr safety hazard. . $,~,~, If ~ damage is caused to the Gammon Elements, Limited Ca~nmon ' ~ Elements ar other Un1ts by an ~~rner or Occupant, or their'i~nvitees, or by any .condition in the Unit, Canon Elements ~ or Limited Cam~nan Elements which the Owner or Occupant has caused or allowed to exist, thew the Association may, upon reasonable notice, repazr the damage ar correct the condition. and assess the cast thereof against the responsible Owner's Unit, $,1,5,~ 'phe Association shall be responsible for incidental damage caused to a unit or its Limited Cflmman Elements ~by worl~ undertal~en by the Association. pursuant to this Section 8, r 5.~,~, The Association shall maintain, repair and. replace the Common Elements in accordance with the requlremcnts of this T~eclaration aid the ~.pplicable City . approvars, permits, regulations anal agreements $.~,'1, ~ub~ect to Section 8,1,1, S.l.~ and.~,l.~, the costs associated Frith the A.ssooiat~on's maintenance . obligations undex this Section 8 shall be funded by Assessments determined and levied in accordance Frith Sactian ~, 8,2. ~Jwner ~.es onsibili ,The ~~unex shall, at the Otivner's expense, be responsible for maintenance, repair and replacement as follows, . s,2-l, Ta rnaiutaln, repah~, and repls,ce ail portions of the Owner's l~nit, except those maintained by the Association, in gaol, clean, sanitary and safe canditiQn, . $,~,~, To perform maintenance of the Limited Common Elements allocated to the 'nit to the e~ctent the Assaciat~on assigns such o~bligatians to the Owner or as otherwise provided in Section 9.1, The Association nay requirc that the O~uners perform their maintenance obligations in accordance with standards established by .the Association., . $,~,3, To perform the foregoing maintenance abligatio~s in such mannar as not to damage the Property, ar unreasonably dist~h or cause a haza~•d toother persons occupying ar using the Property- 8,x,4, 'fo pra~nptly pay ar reimburse the Association for any casts incurred. by the Association for the repair of any damage to the CornmQn Elements, Limited. Gammon Elements ar other CJnits, caused by the Ctivner or Occupant, or their in~vi~ees, or causcd by . any candi~ian in tlxe Unit, Common Elements or Limited. Gammon Elements which the Cher or Occupant has allowed. to exist, . ~.~. Stu to ~ns~aectlR~o~ ]defects, The .Association shall regnlaxiy inspect .the Co~n~.on Elements far ,the purpose of evaluating ,the need far maintenance, repair or re lacen~ent, Owners ~or ~Cccupants shall promptly report to the Association ~y material defect P ~ the Ccrnman Elements or Limited. Cana~man Elements ~rhich nay require m.aintcnance, repair or replacement, ~ . 8,~, Easements far ~~as ection. N~aYntenance ~.e air and Re lacement. Each C~nit and the Co~n~nan Elements and Limited Conarnon Elements axe su~b~~c~ to the inspection, . maintenance, repair and replaoement easements desc~~bed ~. Section l~l, 1~~LS~Wat~d ~D21$~,~ Z~ s ECT~C~N ~ 1.1.1 ~ U ~~.L~~ ~,;1, Required ~overa e, The Association shall obtain and ~narntain, at a rninimu~n, a rnastcr pal~cy ar policies of insurance in accordance with the insurance re~uirerne~ats set fo~h ~. M~~OA~ and the additional requirements set forth herein, issued by a reputable insurance can~pany ar companies authorized to da business in the state of Minnespta, as follows; 9,~,~, Prape~y insurance in broad form caverin~ all risl~s of physical loss in~an . amount equal to one hundred percent of the insurable "replacement cast" of the Fropez~y, less deductibles, exclusive of land, footings, excavation and. other items no~ma.lXy ~ ~ ~ excluded from coverage (but including all building service equipxn~nt anal machinery}, ~ ~ ~ . The Association may ar may not, as determi~.ed by the i3aard, insure the hnpravements ~- and bettexments referred to in ~ectian ~15B,~~l~~~b~~i~ through (viii of MOI~.~, The policy or policies shall cover personal property awned. by the Association, The policy ox policies shalt also contain. "rnflati.on Guard" and. "Ag~~eed Amat~nt" endorsements, reasona`bIy available. ~ub~ect to approval of the Board, such policy or policies shall . include such additional endorsements, cnve~ages anal limits with gyres ect to the fare oin 1? g g and other hazards as may be required from time to time by the regulations ~of the Federal ~~busmg Ad~1llStx'at~on ~"~`FZA."), the U,~, l~epa~ent Qf Veterans' Afrairs ~"~',~"~, the Federal National Mo~gage Association ~"FNMA''} or the Federal Home Laan Mortgage ' ~arporati~n ~"FI~LM~"} as a precondition to heir insuring, p~~rchasing ,ar linan.cing a n~nrtgage on a Unit, The Board may also, an behalf ofthe Association, enter into binding , , ~ ~ . . written agreements with a mortgagee, ~.s~~rer or ~servicer, including without lirnftatiau. the . ~'HA, VA, FNMA ox FH~M~, obligating the Association to lrccp ce~ain specified . ~ coverages or endarsern.ents in effect, 9;1,x. ~ ~a~~nercial general liability insurance covering the use, operation and xa.aintenance of the Gamrnan Elements and the activities of the Association, with rnininaurn limits of O~~e Million Dollars per occurrence, against clams far death, bodily in'u and roe damn e, and such other risl~s as are custa~narily covered by such ~ . ~~ pp g ! policies fox projects ~similar,in construction, location and use to the l'xaperty, The policy . shall contain a "severability of interest" end.arsernent which shall preclude the, insurer . from de~.ying the claim 'of an Owner or Occupant because of negligent acts of the Association. ar other Owners ar Gccupar~ts. Subject to approval of the Board, the policy shall include such additional endorsements, coverages and limits with respect to such hazards as may be required by the x~gulatians of the FHA, ~'A, FNMA or i'HLN~~ as a ! ' n to their insurin ~~rchasin ar :~nancin a mart a e' an a Unit, prccond~t~o g~ p g g' , g g ~ ~ .~, . ~ 9,1,E , ~ Fidelity bond ar insurance coverage against dishonest acts an the part of directors, officers, managers, txustees, employees or persons responsible for handling ' funds belonging to ar administered by the Association., if deemed to be advisable by the . ~ ,. Board ar requtred by the regula~.ans of any ~nanc~ng.related ~nst~tut~on as a pr~cand~t~on to the uxchase insu.~n ~ grantee or financin of a mort age on ~a Unit, The fidelity P g~ ~ s g g bond ar insurance shall na~.e the Association as the named. insured, and shall, subject to ! raval of the Board cam ~ with the rc lotions of the .pNMA, FH~MC, FI3A ar ~A,. app ~ p y ~ if required by one of such agencies as a preaandition to the purchase, financing, insuring, , MP~,~-V1ord 20~t $~~3 ~~' ' , pr gu.a~~.n~oc of a mortgage on a Unit. An appropriate en.darsement to the policy to cover . any persons who serve without compensation shall be added xf the policy would net othe~~wisecover .volunteers, or a waiver of defense based open the exclusion of persons ~ ~ , serving withou.~ compensation shall be added., ~.~,4, ~ workers' Compensation in5z~ra~aee.as applicable and required by law, , 9,I,S~ Directors and officers liability insurance, if reasn~ahly available, anal ', wit1~ such reasonable limits and averages as the Board shad determine from tune to time, , 9,1.,x, Such other insurance as the Board. may detertni~~ from ti~nc to tin~.e to be in the best interests of ~e Association. and ~e Owners. , ~;~ ~~ ~ ~ ~ ~ I ~,~. Prem.iums~ im rovcn~ents~ Deductibles, Except as provided in ~ectian ~,4 and this ~ectian all insurance remiu~ms shall be assessed and ~d as an annual Assessment. Polio ~ ~ ~ ~ Y ~ deductible amaunts~ shall be determined by the Board. if improvements and. betterments to the Units are covered., any increased cost may be assessed against the Units affected, The Association may, in the case of a claim far damage to a Unit or Units, ~i) pay the deductible amount as a ~omrnan Bxpe~sc; iii} assess the deductible a~nount against any one or ~norc off` the Units affected in any reasonable manner; or (iii require the Owners of any one or mare of the . Units affected to pay the dedr~ctible a~not~nt directly. The Association's decision a.s to who shall be charged with paying the deductible amount may, but neecl not, be based on fault, ~ ~ k f ~ 9,~, bass Pa ee~ insurance T stee, All insurance coveragemaintained by the Association shall be written ~Yn. the name af, and the proceeds ~i~reaf shall lie payable to, the ~ ~ } Assaciatia~. for a qualil~ied insurance trustee selected by its as trustee for the ben.efi~ of the f Owners anal sec~~ed parties which suffer loss. The Association, a:~ any insurance trustee selected by. it, shall have exclusive authax~.ty to negotiate, settle and collect upon any claims or losses ~ ' . ~ under any insurance policy rna~ntalned by the Assac~atzon, ~ 9,4. ~c uired Folic Previsions. A11 policies of property ins~~rance carried by the Association shall provide that, ~ er tl~e Dlic With 9,4,1, Bach owner anal secured party 1s an mcured. person ~~nd P y ~ respect to liability arising out of the Owner's interest in the Gammon. Elements or in the ssociatian. ~ membership A 9,4,x, The insurer waives its eight to subrogation under ~e policy against any Owner or rncmber ofthe Owner's household. and against the ,Association and membe~~s of the Board. 9,4,x, '~'ii~ average shall not be voided by or conditioned upon ~i) any act ar amissxon of an Owner or mortgagee, unless acting within the scope of authority on. behalf ~ of the Association, or ~i~i.} any failure of the Assacla~.on to comply with any warranty or ~ condition regarding any portion of the Property over which the Association has na cohtrai, - ' ~~ MPS-word 20180,3 ~~ ' s 9.x,4. ~f' at the time of a lass under ~e policy there is other insurance in the name of an Owner covering the same property covered ~by the policy, the Assooiation's policy is p~.mary. . , ~.~, Cancellation; ~'~ti~c_„of loss. Property instance and comprehensive liability i~suxa~nce policies'maintai~.ed by the Assaciatiar7 shall provide that the policies shall not' be canceled ar substantially modified, far any reason, withopt at least thirty days priar~ written notice to ~e Association and. to all secured parties holding first mortgages an Units, 9.~, 1~estQratian in ~~ieu of Cash Battlement, All policies of property ins~~ance . policies maintained by the Association shall provide that, despite any provisions giving the ~ . ins~~er the right to elect to restate damage in lieu of a cash settlement, stitch option shall not be exercisable ~i} without the prior written approval of the Association for any insurance trustee), or ~ii~ When in conflict With pra~visians of any insurance trust agreement to ~rhieh the Association nosy be a party, or any requirement of law. ~ . ~.'~, Owner's personal insurance, Iaach OW.ner of a Rosicicntial CJnit shall obtain acidition~I personal insurance coverage ~con~n~.only l~nawn as ``gap coverage" .or an "~lO~" . policy} at his or hot own expense covering fire and other casualty to those parts of the intot~ior of ~ . the I~.esidentialUnit, to the extent not coveted b~ the Assacia~on's xnsuz'anCO, and the Ow.~er's personal Proporty and personal liability. each Owner of a Commercial Unit shall. obtain and. maintain comparable property insu~~.nce coverage for its personal prope~y and fix~,~res as Wcll as industry' stan.da~rd commercial general liability insurance covering the use, operation and mai~atena~ce of such Co~nmeroial Unit and the particular business operated therein. Znsuran.ce alleles maintained by Owners arc Without contxib~~tian as against the insurance purchased by p the Association, e~ccpt (i~ for insurance policies covering unique risl~s arising out of the use of a Ca~nmercial Unit, a~.d iii} as to deductible amounts or other items not covered under the Association's pq~licics, BIt C'~~0~ ~0 C~1~ST~~~T~ON~, C~I~D~MIVAT~~~ AND ~~I~~1~T ~~M.A..~l~ ~~,1, Reconstruction., The obligations and procedures for the repair, rcaonstruction ax ~ispositian of the prope~y following damage or destruction ~he~eof shall be governed by MC~OA. An repair or reconstruction shall be commenced as soon as p~rs.~ticable aver the Y casualty and shall be substantially in accordance With the plans, speciftcatians~ and design of the . Property as initially constructed and s~.~bscquently improved. Notice of substantial dam.ago Qr destruction shalt be given as provided in Section 14.10, demnation and l~minent l~amain, fin. tl~e event of a taping of any part of the ~~ i ~,~~, Gan Property by condenanation~ qr eminent clgntain, the pro~visians of MCIOA shall govern; provided, ' h ll be iven as rovided in Section ~4,1~; iii}that the Association shall be the ~~~ that n.ot~ce ~ a ~ p ~ , . attorne ~in-fact to represent the O~vn~rs in any related proccechn.gs, negot~at~ons, settlenaen.ts ar . ~' y e Association for the ~ agreements; and. (iii} that any awards ar proceeds shalt be payable to th , benefit of the Owners and the mortgagees of their U'~its, Mortgagees shall be entitled to p~.ar~ty -~ r arils in accordance with the ri.prities esfahlished by MCrOA and the for canden~natzan aW p '' Governing 1~acuments, as their interests~rnay appear, ~ ~ ~ MpLS-Word x.02] 8p,3 ~ ~~ r ,, j i 1ar~, Termination and Lx~ui~~.tion. The terzrzinatian of the con~rnon ~.terest ' connnunity, a.nd the distribution of any proceeds therefrom, shall be gave~.ed by N1C1t~A, Any distribution of funds shall be based upon tae value of the Units as determined by their xelative value for pra~e~r insurance purposes, and shall be made to owners anal their mortgage holders, as their interests m.ay appear, as provided in 1~C1~A. . 10,4, N'o~ice~ The Association shall give written notice of any candemnatian proceedings or substantial destruction of ~e Praper~r to the El7gible l~or~gagees entitled to notice under Section 14,10. 10.5. Associa~~on's.,.A~th~, ~n all cases ~.valv~ng reconstruction, conden~natian, eminent domain, termination or liquidation of ~~ con~an interest community, the Association shall have authority to act an behalf' of the owners in air proceedings,' negotiations and settlement of claims, All proceeds shall be payable to the Association to hall and distribute for the ben.ef~t of the owners and their mnrtg~.ge halde~s, as their interests nosy appear, in accordance with MCi~A. ~ . S~~TIU~ ~.~. ~A~EIIl~TS Each Unit and the Can~mon. Elements, and the rights of the owners and Occ«pants therein, shall lie subject to the appurtenant easements and rights granted and reserved in. this Section 12, 11.1, Access, Each Unit shall be the beneficiary of a nonexclusive easement far access, ingress to and egress horn a street or highway an and. across those portions of the ~omn~ot~ . Elements designated far use as d~veways ar wall~ways, as originally canst~~cted, shown an the Plat ar athexwise designated by the Association, subject to atay restrictions authorized by the Ciovernirig ~ocume~ts or the Mules, i 1.~, ~ Use and En'a ent, Each Unit sha~1 be the l~eneficia~~y of nonexclusive 'casements for use and enjoyment on and across the Common E1em.ents and. any Limited Connnan Clement allocated to the Units, subject to any ~estrictians authariz~d ar in~pased. by the . governing l~oaUmen.~s. l 1, ~, ~t~,lctu~al Su~~aor~. Each U~.t and. tha ~omn~on Elements shall be sub j ect~ to and ~e benei'iaiary of no~.exclusive easements far str~,tctural support in all walls, cal~amns, joists, girdexs aid other struct~.ral components located. in or ps,ssing through another Unit ar other parCs of a wilding, ar slaared~ with a.~ adj Dining Unit or the Common Elements, ~ . 11,4, Encraacl7ments, Each Unit and the Common. Elements, and the rights of the owners and Occupants therein, sha11 be subject to a nonexclusive easement xn favor of the adjoining Units ~'or encroachments caUSed by the cQns~.i.c~.an, reconstruction, repair, shi~~.gy settlement or movement of any part of the Praper~y, and for lmpravem.ents ~which~ are added in Go~npliance with ~cction 7.1Q, Sf .ere is an eneraachn~ent upon another Unit ar the Cornxnan Elements, as a result of any of the aforementioned cau.sss, an. easement shall exist for the encroachment, far the use, enjaynaent anal. habitation of any encroaching Unit ar ~mprovem.ent, . and for the rnaintena~ace there,af. In~pra~rements ar alterations added pursuant to Sectio~a 7,10 MP~,S-word 2a2~ so.3 ~7 ~ . ' ~ 4 t shah be limited to ~ninar encroachments, and no ~easen~ent shall exist Unless the p:~opased . ~mpravemen~s have bean approved and. const~cted as required by this ~eclaratian, Such easements shall continue fare as Lang as the ~encraachment exists a~~d shall oat affect the . naarl~etability of title. . 115, ~nsnect7an, i~a~~ter~an~e,,Repair a~.d~~ep~acement. Each CJnit, and the rights of ~e Owners and Occupants thereof, and the Con~n~an Elements and Limited Common Elements, ~ ' shall be subject to and hene~ited ~y a nt~nexclusive easement in favor of theAssociation for the . inspection, mainten:a~ce, repair and replacement of the CoYnmon Elements, the Limited Common ~ ~ Elements, the Units and. other Zrnprovements xelated thereto located within the Units, and the , utilities' serving the Units,. to the extent necessary to fulfill the Association's obligations under , the Gaven~ing Documents. Each Owner shall af.Cord to the Association and its management agents and employees, access at reasonable tines and upon reasonable n.atice, to and through the Unit and its Limited Camtnan l~lements for inspection, ~naintcnarace, repair and replacement; provided that access may be had witha~at notice and. at any time in case of emez~~ency, ~ 1, 6, Uti~l~'tie_s ~ The Common Elements ,and the Units Shan be subject to and benefited by nonexclusive easerncnts in favor of the Assacia~'an, the City and.all utility companies and other sexvice providers far the installation, use, maintenance, repair and rsplacemen.t of all utilities, services and camtnon Operating systems, such as natLUal gas, electricity, telephone, cable TAT, internst and other elec~.'anlc con~mun~cat~ans, water, sewer, septic systems, weals, and similar S~rviGes, irrigation SyS;tems, £ne control systems and other ca:~mon operating systems, and rnctering and control devices, which exist, which are const~.~cted as park of the development of the ~reparty, which are approved by the City, which are approved by the .Association ender autho~.ty contained in the Governing ~acuments ar iVTC7OA, ar which are described or referred to ~. the Plat, this Declaration ar other recorded .instrcunents, Each Unit, and the eights of the owners and Occupants thereof, shah also be subject to and' benefited by a nan~exchXsive, easement in favor of the other Units, the Co~.on ~leme~.ts and ~e Association for all. s~tch utilities, services, and systems installed in accordance with this Seetio~i. l 1,7. E~ner eng, ~y Access .~o .Units, I~ case of emergency, alI U~aits ~ ar~d Limited Cam~non Elements are subject to an easement, without notice anal at any time, in favor of the Association far access by the Association's rnan.age~nent agents, and iti favor of ~re, police or other public safety personnel. 11,8, ~ra'ect Si s~ association shall have a nan~exclusivo easement and right to erect and maintain temporary and permanent signs and related. monuments identifying the common interest community andlar tl~e Cor~nercial Units an ~ the Canamon ~le~nents, Signs for' residential Units may b~e maintained as authorised by the Boards Those pa~~ts of the property an which permanent monument signs nr related i~npravements are located shall be subject to non- exchisivc easeme~ats in favor of the Association for the continuing ~.rse, maintenance, repair and replacement of said signs and Ymprovements, fn the case of signs identifying the Commercial Units, those parts off' the Property an which the signs ar related design z~a~provcmcnts are located shall be subject to anon-exclusive easement in favor of the Commercial Units for the continuing. use, n~aintenan.ce, repai~~ and replacement of said signs and i~nprovernents~ r~ exereisi~.g its rights u~.der said easements, the Association, Declarant or the Owners of the Co~n~mercial Units, as applicable, shall tape reasonable care to avoid damaging the improvements ~to the Property and shall repair any damage caused by such actions, Mp~S-ward ZQ~~SQ~3 ~~ 1.f,9. ~omm.er~~~.~ Units, Commercial Units shall be benefited by an easement for access over the Common Elements by their respect tenants, customers and vendors; provided, that such access shall be by the mast direct route from the exterior ~ of the l~uilclin.g to the Cam~ncrcial Unit ar Units, In addition, the Canamercial Units shall be benefitted by a~ easement oven the Gammon Elements far transporting trash and refuse to receptacles designated by the . ward for the disPasal of such items, provided, that said. easement shall be utilized in a ma,rm~~ designed to nainin~izc any distt~rl,ance to other owners' ar occupants' use of the Property and maybe limited 'by Rules approved by the hoard. Thy faregaing easements Shan be subject to reasonable ~,~les established by the' B card, consistent with the opcratianaf needs of the tenants of the Cam~.ercial Units and the needs for quiet enjoyment by the owners and C~c~upants of the Residential Univ. li.x~, ether .Easements. The Property shall be subject to such other easements as may be retarded against the Property by reason of the City's require~.ents i~. connection with the deveiapment a~the Property, 1 i, ~ i.. Canti~uation,,,.~~ope_~~aci_ ~a~~lic~ of Easements. The Basemen#s set Earth xn thls Section ~i} shall ~n with the land and shall be appurtenant to the benefited Property; iii} shall supplement and not limit any easements described elsewhere fn this Declaration, ar otherwise retarded; viii} shall be permanent, subject only to termination in accordance with~the terms afthe easement; (iv} shall be subj ect to reasonable regalatian by the Association and shall be sub j ect to such reasonable lin~itatians as to location, and routing as maybe established by the Association or any governmental authority; and. tv) shall Include reasonable access to the easement areas aver and through the Property for p~~rposes of canst~7ctian, maintenance, repair, replacement and reconstruction, il,~~, lion ~.terference~ Im airment Prohibited, Ali Persons exe~~cising easement rights shall ~i} da so in a reasonable manner sa as not t~ materially interfere with the operation of the Property ar cause ~a~nage to the Property, (ii) sha11 promptly repair any da~riage to ~e P~roper€y urhich they or their employees or agents caused; viii} be financially liable far all casts of repair of any part of tho Property ~rhich is damaged by the Person's exercise of the casement rights; and Div} hold harmless, indemnify and defend the Association and other owners, and their officers and directors, ~rorn, and against ail claims, damages, lasses and other liahiliti~s arising out of the exe~~cise of the easement rights. ~a Person shall hnpair, abstract or cause damage to any casement area, or Improvements ar equiprnent installed ~.erein, Notwithstanding anything in this Declaration to the contrary, na Owner or Occupant shah, be denied reasonable access to his or her Unit or the right to utility services thereto, . f 1,~~, benefit of ~asetnents, ~A~.l easern~nts benefiting a.Unit shad benefit ~e owners and ~ccup~nts of the Unit, and their.invitees. ~~owever, an owner who has delegated the right to o~~upy the Unit t~ au occupant ox occupants, whether ley ~ ~~~~~ ~~ atherwis~e, does not have the use and other easements rights in the Property during such delegated occupancy, except ~i) as a g~iest of an owner or occupant, or iii} in connection with the inspection of the Unit or recovery of passessxan of the Unit pursuant to law, MPS-Word X02! 8~,3 ~~ ~~cc~r~or~ ~z ~o.~P~~.v~~c Aga ~~~~~~ ~„ . ~ ~ ~~ Each owner and Occupant, and any other Person awrnng or acqulr~ng any interest m tha ~~ Property, shall be governed by and comply with the provisions of 1~C~0A, the Governing I~acuments, the Rules, and such. arn.endments thereto as may be made from tune to tirna, and the ~ decisions of the .Association, A. failure to comply shall entitle the Association to floe relief set ~ ~ forth ~. this ,Section, in addition to the rights a~ld remedies ~.utho~~i~ed elsewhere by the , Gave~ing Documents or M~~OA, , ~~,i. Entitlement ~ta ~.elief, Legal relief may be sought by the 'Association, at its discretion, against any Owner, or by an O~rner against the Association ,ar another t]wner, to j en~`orce compliance with the Governing ~ac~~rnents, the Pules, ~CIOA ar the decisions of the Assaci~.tion, however no Owner n~a. ~rithhold an Assessments d able to the Assaciation~ ~ ~~~ na~• tape ar omit other action in violation of the Governing Documents, tia~ Rules or ~CiGA, as a measure to enl'~rce such ~wrlcr's position, or for any other reason, , i~.2. ~e~nedies~ in add1tian to any other ren~ed~es ar sanctions, expressed or implied, r, . administrative or legal, the Association shall Dave the rigbt, but not the obligation, to im~plam.ent any one ar mare .of the fallowing actions against Gwners and Occupants andlor their irlvitees, ~ . who violate the provisions of the Gavcrning l~acurrlents, the pules or Ni~r~A; ~. , i2.~,i, ~olence le a,I action far llama es ar e rxitable relief in an cou~~t of ~ ~ I g g ~l Y competent~urisdictian, ~ ~ . ~2.~.~., Impose late charges off' up to the greeter of twenty~five dollars, or fifteen ~ E percent of the amount past due, far each past duc Assessment or installment thereof, and. impose interest at the highest rate permitted by law accruing beginning an the First day of the month after the :Assessment or ~~astalhner~t was_due. - , 12,~,3A ~n the event of default of mare than thirty days in the payment of any Assessment or installment thereof, all remaining installments of Assessments assessed agailast the Unit owned by the defaulting Owner may be accelex~.ted and shall then b~ payable in full if all delinquent Assessrnenta or installments thereof, together with all ~ ~ at~arneys' fees and other professional fees, costs and. late charges, are not laid in' full prior to the effective ,date of tl~e aaoeler~ation. fat less than ten. days advance written } . ~ notice of ~e effective date of ~e acceleration shall ~be given to the defaulting Uwner, } ~. 1~,~„~, tm ose reasonable flues, penalties ar ~ charges far each violation of p~ ~ ~ MGiO.A, the Gove~ng l~acuments or the pules, . ~ i2,2•~,, suspend the rights of anyOwner ar Occupant, or t~cir invitees, to use any Colnrnon Element amenities? provided, that the suspension of use rights shall not apply to ~,irrlite~ ~ ~omm.an Elements allocated to the Unit, and, those portions Qf floe Gammon l~lements pravidixag ut~litie~ service and. access to ~e Unit,, such suspensions ~ shall be limi.te~. to eriads of default b such Owners and ~cct~pants in their obligations P ~' ~ ~ under the Governing l~ocume~ats, and for up to one year tl~erea~er, far each violat~an• E t MPLS~W~rd 2p218~.3 ~ ~ . 1~.~•b.. inter any C.Tnit and restore any pardons of the Camrnan Elelne~nts, Unit or CJnits, or Limited Common l~lernents used, damaged. ar altered, ar allowed to be used, damaged. or altered, by any Owner at~ Occupant, oI* their invitees, in violation. of the Governing Documents, and to assess doe cost of such restoration agz~inst tie respa~asible Owners and their lJni~s, . 1~.2.~~ inter any Unit, Common .dements ar Limited. Con~man Elements in ~hicl~, or as to which, a violation or breach of the ~rQVerning Dac~~Inents or the Rules exists which materially affects, or is lil~ely to materially affect, the health ar safety of the other Owners or Occ~xpants, ar their guests, ~ ar the safety ar soundness of any Unit or , . other park of the property or the p~•operty of the Owners or Occupants, .The AssaGiation may surnnaarily abate, demolish and remove, at the expense, of the offending Owner or ~GCUpant, any structure, thing or condition in the Unit, Cam~n.on dements or Limited. Conanaon .~lexnents which is causing tie violation; provided, that and improvements . which are a part of a l~nit may be altered., demalishec~ oar removed. only pursuant to a court artier or with the agreement of the Owner, ~~.~~8• poreclose any lien arising wider the pra~'isians of ~ the Governing Documents ar under law, in the manner provided. by l~ClOA, . . ,1~,3, ~.ghts to, ~e.n~, before the in~pasition of any of tlae remedies authorized by section 1~.~.4, 12.x.5, 1~.2,b or ~~.Z,7, the ~nard shall, upon. written request of ~e offender, grant to the offender an oppor~.uaity for a fair and. equitable hearing as contemplated by MC~OA, The offender shall be given notice o:~ the nature of the violation anal the right to a hearlaa~g, and ten days with. ~rhich tQ request a heat•i.ng, The hearing shall .ha scheduled by the ~ Board and. held. v~ithin thirty days of receipt of the hearing request by the ward, and with at least ten days' prior written notice, to the affende~•, ~f the offender .fails to timely request a Searing or to appear at the hearing, then the rig~it to a hea~•ing shall be waived and the ward may tape such action as it deems appropriate The decision of the ward and the rules far the conduct of hearings established by the l~aard shall be final and binding on all parties. The board's decision shall be delivered in writing to the offender vcrithin ten. clays following the hearing, if not delivered to the offender at the hearing. 12.4. Lien for Chax es penalties Etc. Any charges, fines, experi~es, penalties, interest . ar other in~positio~s under dais ~ectian shall be a lien against the Unit of the Owne~• or Occupant . against ~rhom the same are xmpnsed and the personal obligation. of such O~vn.cr in the same rnar~ner and Frith the same priority and effect as Assessments ~.nder_Section b• The lion skull . . attach as of the date of imposition of the remedy, but shall not be f i.nal as to violations, far which a hearing is held until the $oard malaes a written decision at ar fallowing the hearing. AlI remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be deemed a ~raiver of the Assaciati.on's right to pursue any others, 1Z.5, Costs and .l~'ees, with respect to any collection rnea.sures, or any rn.ea.sures or action, legal, administrative or othervcrise, which the ~.ssoclatlon takes pl~rsraant to the provisions of I~C~OA, ~averning Documents ar pules; whether ar not, finally determined. by a court or arbitrator, the Associatipn~may assess the unit owned. by tha viala.tor with any expenses incurxed ~. connection with such' cnfarcc~nent, including without limitation ~ fines ar charges previously imposed by the Association, reasonable attorneys' fees, and other professional fees, costs and MPS-Ward 202I 80.3 ~ ~ interest fat the highest rate allowed by la~v~ an the delinquent amounts owed to the Association, Such expenses shall also include ~y ~collcctian or contingency fees ar casts ,charged to the Association ley a collection agency or other Parson acting an behalf of the Assaciat~on in collecting any delinquent amounts awed to ~e Association by an Owner or Occupant. The foregoing fees and casts shall be the pexsonal obligation of the Owner of the knit and. shah be a . ~Iien against such owner's Unit, ~ ~. 12,b, Liabili for Owner's and Occu ant's Acts, An Owner shall be liable for the . expense of any anaintenance, repaix or replacement of tl~e property rendered necessary by such Owne~•'s acts or a~nissians, or by that of Occup~~rnts ar in.~vitees in tl~e Owner's Unit, to the extent that such expense is not covered by the proceeds of insurance c~.~ied by the Association or such . Owner ar Occl~pant. ~ However, any insurance deductible amount andlor increase in' insurance rates, resulting from the Owner's acts ar omissions may be assessed against the Owner ~espan.sible far the condition anal. against laic ar hex Unit, ' 12,7, ~nf~~rcet~~n~ ~~, a~yne~~s, ~'hc provisions of this Section sha1~ not lint or ianpair the independent rights of other Owners to enforce the provisions of the Gove~ing .Documents, the Rules, and. M~I~OA as provided therein. . 12,8, Pre~liti anon Re uirernent, Any litigation, adminis~ati~ve proceeding nr other - legal action i~astituted or intervened. in by ar in the name of the Association, exclusi~re oi` ~i} any action to collect Assessrnen~ts or farecldse Assessment liens, or iii} to enforce the ~iaver.~ng Documents aa{ ~e Rules, is subs ect to print approval by tl7e Ownea~s of Units to which are allocated in excess of fifty percent n~'the total votes ~. the Association, The Owners' approval shall be nbtained at a meeting of the members of the Assaciatio~a, gnat a ~'atc by rnailed ballot) . and the Owners shall be provided, prior to the aneeting, with sufficient detailed infa~ation. fairly presenting the advantages aid disadvantages of the proposed litigation upon which the Owners can mare an infa~rmed decision. as to whether ~.e litigation or athex s,ctinn is in the best interests of the Association and its Members. A~~l~~l~~~TS l~.l, ,A naval Re u~re~nents. Subject to the pro~asions of MCxOA and except for a~.endmen.ts by a declarant pursuant to S ectian '1 ~, this Declaration naay be amended with the following approvals; ~ ~ . ~ ~, l.l, The Hoard. 1 x,1,2, Owners of Units to which are allocated at least sixty-seven percent of ~e total votes in the Associatiota, except as otherwise required. by MCIO.A., 1,1,3, The pexcentage of eligible Mortgagees and Nan~Qualified. Moatg~.g~es abased u~an one Grote per Unit financed as and if required by Section 14, , ~iP~S~w~rd ~a218Q,3 ~ ~~ 13,x,4, A majority of the votes ai' ~7wners of Catntnarcial Units as to any amendment which materially or adversely affects the Commercial Units, the rights ar obligations related thereto: the Limited Common. Elements allocated to the Camn~ercial Units ox ~e oper~txan of the Ca~nrnercial Units, 1~,2, procedures, Approval of the Owners may tae obtained in writing or at a meeting . of the Assaciatian duly held in a.ccardan.ce with fhe bylaws. Consents of Eligible Mortgagees or other Mortgagees, if :required, shall be ~. writing. 7'he amsndrnent shalt be effective when recorded as provided in MC~~A. Ari affidavit by the President ar Secretary of the Association as to the outcome of the vote, or the execution aftbe foregoing agreements ar~consents, shall be adequate evidence thereof for all purposes, including vrithaut limitation, the recording of the arr~endment. ~ . S~CT~C)N ~4 ~~~TS ~~' M~T~T~A~~~S 1t is important that individual mortgage loans on the Units be available to Cv~ners wad prospective Owners, and that, in order to enhance the availability ai' such financing, the Cravernin.g L~ocun~ents contain qualxf~catian pravisians~that are acceptable to lenders, guarantors and insurers of Unit lawns, such as the ~edexal National Mortgage Association ~~ii~NMA„}, the Federal Dome Laan Mo~~tgage Corporation (``F~LMC"} and. the Federal dousing Administration . ~"FAA."}. Accordingly, Mortgagees and Eligible Mortgagees shall have the rights and protections set forth in. this Sactian l~, which rights and protections shall contx'al as against any . other provisions of ~e ~averning ~acun~ents, i4,1, Eligible Morl~a eg___es, Eligible Mortgagees shall have the fallowing rights and protections: ~ . 14, ~ , 1, Consent to Certain Amend:~ents, The written consent of Eligible Mortgagees ~~epresent~g at least ~~y-one percent of the Units that are subject to first mox~gages held by Eligible Mortgagees abased. upon one vote per U~t financed) :hair 6e required fir any amendment to the ~averning I~ocunaents which causes any change in . provisions relating to the following; ~i} voting rights; iii} increases in Assessments over twsn~y-eve percent; viii} Assessment liens, ox priority of Assessment liens; ~iv~ reductions in reserves for Maintenance, repair anal replacement of Ca~mman Elements; ~v) responsibility four maintenance and. repairs; Zvi} reallocation of interests in. the Conan Elements ar Limited Ca~nmon dements, or rights to their use; ~vix~ redefinition of any Unit boundaries; ' viii} canvertibility~ ~ of Units into Carnman Elements ar vice versa; fix} expansion or cantractian of the Frotaerty or the addition, . annexation ax withdrawal of property to ,or frdn~ the P'raperty; fix) hazard ar frdelity insurance requirements;, ~xi} imposition of res~ictions on the les,sing of Units; ~xii} irnpasition of any restrictions an an Owner's right to sell o~~ i~ansfer his or heir Unit; ~xiii} a decision by ~e Association cif the cr~m.man intexest ca~nn~unitY involves ~~~yy or ~ . more Unit} to establish self managen~cnt when prafessianal management is ~n effect as required previously by the Governing r~acu~nents ar an Eligible Mortgagee; ~xiv} restoration or repair ot'the Property (after a hazard damage or partiat conden~n.s,tion~ . ~. a manner other than that specified in the governing T~acuments; ~xv} any action to ~~s-w~~a~oz~~o~~ ~~ '