5. HRSR 03-01-2010ITS # 5
City of
E100 ver
-1-0: Housing :, Redevelopment
Mayor &: City Council
FROM: Catherine Mehelich, Director of Economic Development
March
SUBJECT: consider Notification from Minnwest Bank to Lease Units at
The Bluffs of Ells River
I- _ii_ r_
Correspondence fioin Minn-west Corporation re: The Bluffs of Ells River, dated
February 28, 2010.
Staff recently received the attached notification froth Milinwest Batik of their intent, as
owners of the property, to lease a Emited number of units at The Bluffs of Ells Diver.
Minnwest's Senior Vice President Richard Schroeder will be it-i attendance for the HRA
nieetit�ig to answer any questions.
The notification has been reviewed by the HRA's development attorney Jenny Boulton at
Kennedy & Graven. Ms. Boulton has advised that it is not necessary for the HRA or City
Council to act on the notification. Ms. Boulton will be in attendance for the HRA ineeti.ng if
there are questions.
February 23, 2010 -
Cathy Mehelich
Director of Economic Development
City of Elk Rive r
13065 Orono Parkway
Elk River, MN 55330
Re: The Bluffs of Elk River
Dear Cathy,
r482o Highway 7 t: 952- 545 -8815
Minnetonka, MST 55345 f. 95!2- 545 -8010
I 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. VII., 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 15 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 of Elk River Condominium Amended and Restated Declaration" for Common Interest
Community No. 61 recorded in Sherburne County as document number 687676 on February 17,
2009.
"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 for
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 of the units is not intended to be a long term plan. Minnwest's plans to sell the property are
unchanged. The bank has not in the past had nor currently have a desire to continue owning this
property. Renting the units is simply a tinny to meet what appears to be a need in the community and
generate some 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,
MINNWEST BANK, M.V.
Richard P. Schroeder
SVP -- Credit Officer
enclosures
e
fff cG Of the COunty Re.0order {
Sherburne County; MR
Doc,, N'
0iff 687676'
j
Certified tiled andlor.recorded on
02-17-2009 at 04:00
le Ashe, county Recorder
Nock in � f 0V" �� 1's ®ePuty Fee:
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$ 77.0 ,
day oLl-! fill
tjI� A. nold ;
hei- .urn ,y udltor re
rep'
bSy -. 687676
a ��y uds�or *:insurer
(Above Space Reserved for Recording Data)
COMMON INTEREST COMMUNITY No, 61.
Condominium
THE BRUTES of ELK RIVER CONDOMINIUM
, L
AME DED AND RESTATED DECLARATION
This Amended and Restated Declaration of The Bluffs of Elk River Con.domm" lum the
Declaration) is made, effective on the date of recording hereof, by The Bluffs ,of E11c River
Condominium Association (the "Association"), with the unanimous written approval of the
Owners, in accordance with the requirements of the Minnesota Cor. m6n Interest Ownership Act,
Minnesota Statutes Chapter 515E ( "MCIOA ") and the Original Declaration (as defined herein ).
`'ITTESETH:
WHEREAS, the Declaration of The Bluffs of Elk River Condominium, a Condominium,
was recorded in the office of the Counter R.ecoider in and for Sherburne County, Minnesota, as
Document No. 655734 ah.d an Amendment to Declaration was recorded in said office as
Document No, 657428 (collectively the. "Original Declar4tion7% and
WHEREAS, the Original Declaration established a plan for the use, operation,
maintenance, and - preservation of the real estate described therein (the "Property"), and
WHEREAS, the consent of no mortgage holder is requirlod because no holder . of a
mortgage on a unit has subnutted a written request to the Association to -be notified of any
proposed amendment to the Declaration as required bar the Declaration, and
WHEREAS, the consent of the original declarant under the Original Declaration is -not
required because said declarant no longer owns any Unit for initial sale and has -no n"ght to add'
Additional Real Estate to the Property, and ,
WHEREAS, the Association and the Owners desire to provide for the preservation of the
residential character, value, architectural style, and architectural uniformity of the property, and
for the maintenance of open spaces and other common facilities, and
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WHEREAS, the Association and the Owners desire to amend and restate .
a e the Original
Declaration M accordance herewith, and to subject the Propefty to the covenan ts, restrictions
icti
aps,
easements, charges, and lens set forth herein, pursuant to the. reuiren�enfs and rocedures
press "bed by the Original Declaration. and MCIOA and
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WHEREAS, the Property (i) is not subject to an ordinance, '
.] n.ce referred. to �n
Section 515B.1A106 of MCIOA, governi
1.8. ``commercial Units means a Unit designated by this Declaration e cl xsivel for
1
nonresidential use,. as described in Section 2, referenced on Fxhi-bit A and shown
on the Plat.
. s
1.9. "Common Elements'.' means all parts of the Property including all Inprovonents �
�.
thereto, except the Units.
1.10. "Common Expenses" means all expenditures made oar Liabilities incurred by or on
behalf of the Association and incident to its operation, including .Assessments and
items otherwise identified as Common Expenses in this Declaration or the
Bylaws,
1, 11, "Eligible Mort a eLe" e -
means any Person that owns. a first mortgage on a Unit and �
that has requested in writing that the Association notify it regarding any proposed
action which requires approval by a specified percentage of Eligible Mottga.gees, j
1.12. "Game" means the Common Element parking garage located on the 1owest level
of the Building which contains pa.rldng stalls licensed for the use of Owners ,and
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Occupants of the Units.
1.13. 'Cioyerniri jLments" means this Declaration, and the Articles of Incorporation
and the Bylaws of the .Association, as amended from time to time, all of which
shall govern the use and operation of the Pro-porty.
1.14. "Improvement" means any physical improvement of any kind or a design or a
color change to any part of the Property, including with'Out linmitation any
Dwelling, structare, building, addition, deck, patio, fence, wall, enclosure,
window, exterior door, antennae or other type of sending or receiving apparatus, .
.. _ ._ ..... _ sign, display, flecorati.on,,—color change,, shrubbery, material topographical or,
landscaping change, irrigation or drainage system, pond, planting, or any other
exterior improvement to a Dwelling or any other part of, a Unit which is visible
from the exterior of the Dwelling, and any additions or changes thereto
1.15. "Limited Common. Elements" means a. portion of the. Comm' oii Elements allocated
by this D eolaration or by operation. of Section 515E .2 -1. o2 (d) .or (f) of MC10A for
the exclusive use. of one or more, but fewer than all, of the Units.
1.16. " MCIOA. ". - means the Minnesota . Common Interest Ownership A.bt, Minnesota
Statutes Chaptor 515B, as amended. I
1.17. "Member" means all Persons who are members of the Association by reason of
being Owners as defined in this ,Declaration. The words "Owner" and "Member"
may be used interchangeably in the Governing Documents.
1.18. Mortgagee. Any Person owning a rnortgAge on a Unit, which mortgage is first in
priority upon foreclosure to all other mortgages that encumber such Unit. 3
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1..'1.9. "0ccu ant" means any person or Persons, other than an Ovmer, in possession of
or residing in a Unit, and includes tenants of the Owners of the Commercial Units
and their regular employees.
1.20, "Owner" means a Person who owns a Unit, but excluding contract for deed
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vendors, mortgagees, -holders of reversionary or remainder interests and- other
secured parties within the meaning of MC10A. the term "Owner" includes �
contract for deed vendees and holders of a life estate,
1,21. "Person" means a natural individual, corporation, limited liability company,
partnership, limited liability partnership, trustee or other legal entity capable of
holding title to real property.
1.22. "Plat" means the recorded plat depicting the Property pursuant to the
requirements of Section 515B.2- 1.1a(c) of MC10A., -including any amended. or E
supplemental Plat recorded from. time to time in accordance with MC10A.
1.23. "Plaza Area" means the outdoor, stract-level. area adjacent to the eastern houndaly
of Commercial Unit No, C2, which may be utilized for the seating of customers in
connection with a restaurant, coffee shop or similar facility in said Unit or the
eastern paft thereof, as show on. Exhibit B attached hereto.
1.241 glpromtf means all of the real property subjected to this Declaration, now or in
the future, including the Units and all other structures and Improvements located.
thereon. The property is legally described in Exhibit B attach ed hereto,
1.25, "Residential U t" means a 'Unit designed and intended exclusively for use as a
single family residence, as described in Section 2, referenced on Exhibit A and �
shown on the Flat.
1,266 `.`Rules" means the Rules and Regulations of the, Association as approved from
time to tirac pursuant to Section 5.,6.
1.27i
.. 7, "Unit" means a part of the Property within a Building, including ono or more �
- rooms or enclosed spaces, occupying part of one floor, designed and intended for
separate ownership and use, as described in Section 2 and shown on the flat.
F
Any terns used. in the Govern'ng
Documents and defined in. MCIOA. and not in this Section,
shall have the meaning set forth in MCI0A.. References to Section numbers refer to the Sections
of this
Declaration unless otherwise indicated. R.oferences to the singular may refer t6 the plural, �
and conversely, depending upon context. f
MPLS -Word 202180.3 4
SECTION 2
DESCRIEPTION OF UNITS A D DOUNDAR.IES.
AND RELATED EASEMENTS AND RESTRICTION
2,1, Units, There are 67 Residential Units and two Commercial Units, as shown on
the Plat. The Residential Units are restricted exclusively to residential use and the Commercial
Units are restricted exclusively to nonresidential use. The Residential Units, collectively, and the .
Commercial Units, collectively, shall each constitute a class of Units within the ineaning of
Sections 515B.2a108(d) and 51 B.3a103(e)(2) of MC10.A. Additional Wts may be created by
the 'subdivision, combination or conversion of Units pursuant to Section 515B.2-112 of MCI0.A
and Section 16. Each Unit constitutes a separate Parcel of real estate, The Unit identifiers and
locations of the Units are as shown on the .flat, which is incorporated herein by reference.. -A.
schedule of Units is set forth as a part of Exhibit A attached hereto.
2.2. Unit Boundaries. The boundaries of each Unit sball be the interior unfinished
surfaces of its perimeter walls, floors and ceilings.. Wallpaper, - paneling, tiles and other finishing
materials adhered to tho interior of the Unit boundaries shall be a part of the Unit; provided, that
any load bearing portions of any interior or perimeter walls, columns, ceilings or Boors, and any
common utility lines or other common Building systems, facilities or equipment located in or
passing through a Unit, shall be Corhmon , Elements. The boundaries of each Unit shall also
extend along the inside unfinished surfaces of its perimeter doors and windows, and their frames,
-and said perimeter doors, windows and frames, and their hardware, shall be Limited Common.
Elements allocated to such Unit. Subject to this Section and Section. 3, all spaces, interior
'
partitions, and interior fixtures and improvements (except trade fixtures in Commercial Units) .
located within the boundaries of a Unit are a part of the Unit.
2.3. urtenant Easements. The Units shall be subject to and benefited by th6
_ ._.,..__.....__._._... easements. described in Section.l2.... ... ._ ... __.. _......, ..... .
SECTION 3
COMMON L, LEMENT , LIMITED COMMON ELE,MENT
AND OTHER PROPS. TY .
3.1. Common Elements. The Common Elements and their characteristics are as
follows:
3.1 .1, All of the Property not included Within the Unit boundaries and any load
bearing portions of any interior of perimeter wads, columns, ceilings or ffloorsa and any
common utility lines or other common Building systems, facilities or equipment located
m or passing ftougb a. Unit shall be Common Elem.6nts, The Common. -Elements -
xr etude, but are not limkod to alt areas and items listed in this Section 3, and. those parts
of the P'ropetty designated as Common Elements on the plat or in MC10A.
3.1.2. The Common Elements shall be subject ect to (i) easements and restrictions
as described iti this Declaration, the Flat and any other recorded iristnime�t; (ii) the rights
of Owners and Occupants in Limited. Common Elements allocated to their respective
Units; (iii) licenses for the use of certain parts of the common elements as described in
MPLS -ward 202180.3 5
Sections 33, 3A and 3.5; and (iv) the right of the Association to establish reasonable
Rules governing th.e -txse of the Property. J
3.2. Limlted Common Elements. The Limited Common Elements are those parts of
the Common. Elements reserved for the exclusive use of the Owners and Occupants of the Units
to which they are allocated. The rights to the use and enjoyment of the Lirm"ted Common
Elements are automatically conveyed with.the conveyance of such Units. The Limited Common.
Elements are described and allocated to the Units, as follows:
3.2.1. Those iteins or areas designated as Limited. Common Elements on . the
Plat or by MCZOA are allocated to the Units indicated thereon or therein.
3.2.2. Improvements, if any, such as decks, patios, porches, balconies,
hallways, shutters, awnings, attached exterior signs serving a Commercial Unit or Units,
exterior windows and doors, window boxes, chimneys, driveways, walls, doorsteps and
stoops, constructed. as part of the original eonstru.ction to serve a single Unit oT Units, and
replacements and modifications thereof authorized pursuant to Section 7.10, and located
wholly or partially outside the Unit boundaries, are allocated exclusively to the Unit or
Units which they serve.
3.2.3. ` Chutes, flues, ducts, pipes, wires, conduit or other utility installations,
bearing walls, bearing columns, or any other components or -fixtures lying wholly or
partially outside the Unit boundaries, and serving only that Unit or Units, are allodated to
. tbe, Unit or Units they serve. Any portion of such installations serving or affecting the
function of the Common. Elements is a part of the Common Elements',
3.2,4. Heating, ventilating or air conditioning equipment, commimication.s
equipment or power systems, serving only a bertain Unit or Units and located wholly or
partially. outside the Unit. boundaries, are allocated. to. the Unit or Units served by
equipment or systems.
3.30 Gargize Stalls A. portion of the Garage includes 118 Common Element vehicle
parking arkin stalls (collectively the `4Stalls ", or individually a "Stall "'), 67 of which (the "Residential
Stalls" are reserved for use' by Owners and Occupants of Residential Units, 21 of which. (the
�
"Commercial Stalls") are reserved for use by Owners. and Occupants of Commercial Units , and
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30 of which may be reserved for use by either Residential Units or Commercial Units. The Stalls
shall be licensed by the Association to the Units by operation of this Section 33 as authorized by
Section 515B.3-102(9) of MCIOA. The Stalls shall be licensed, and the operation and transfer of
the Stalls shall be administered b the Association, in accordance with this. Section 3.3 F The
�'
following conditions and restrictions shall govern the' licensing, assignment, use and transfer of
the Stalls.
3.3.1. The exclusive license to use one or more designated Stalls may be a part
of the conveyance by the Owner of a Unit that has not been previously voluntarily
c ave ed as of effective date of this Declaration (the "Original Seller" ). The Original
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Seller shall file with the Association written notice of the Unit conveyed and. the
identifier for the Stall, Additional Stall licenses shall be issued by the Association
nt to this Section 3.3 upon the filing with the Association. of a similar Written .
Pursue P
MRS -Word 202180,3 6
noticei by the Original Seller; Effective upon the filing of the notice of Stall assignment
with the Association, the identified Stall 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 the
Owner of the Unit designated in the notice. A certificate evidencing the Stall license
shall ,be executed -by the Pfesident or Secretary of the As -sociation on behalf of the
Association and made available far timely delivery to the Owner of the Unit to which the
license is assigned. Any Stalls remaining unlicensed after all Units have been Initially,
voluntarily conveyed may be reserved for handicapped parking or assigned to the
Association, The Association may hold, convey and transfer the license- to, rent, or
pormit invitee or handicapped parking within a Stall assigned to it,.
3.3.2. Upon and followm' g the initial licensing of a -Stall, ,the use rights with
respect to the Stall shall' be deemed to be perpetually licensed by the Association
exclusively to the Owner of the • Unit to which the Stall is assigned, subject to the
provisions of Section 33.3, 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 unilateral) transfer an Stall license
y y , except that the license .to
a Stall designed and intended to accommodate use by handicapped Owners
( "Handicapped Stall ") may be transferred by the Association to a Unit occupied by a i
handicapped Owner if the Owner of the Unit to which such Handicapped Stall is licensed �
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is not handica ed and the Association transfers a Stall license to such Owner to replace
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the Handicapped Stall, being transferred. All other transfers of Stall licenses shall �e
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 imfil the license is transferred in accordance with this Section. Subject to �
Section 3.3.2, a Stall license may be transferred, but only by first delivering to the
. Association• (i) •a. written transfer certificate, xn forte approved by' the Association, signed I
by the transferor and transferee, and (ii) all prior license certificates, and copies thereof,
issued with respect to the Stall. The .Association shall review the proposed transfer
certificate for compliance Wfih this Section 3.3, and if the transfer complies, the #
transfer the lice on its record the 'nit a th
.Assoc�atxon shall tra use s to caned by e transferee.
In the absence of .a properly. executed transfer certificate to the contrary, a Stall license
assigned to the Owner of a Unit at. the time of the Units conveyance shall be �
automatically transferred to the new Owner with the conveyance oftitlo to the Unit$ �
3.3:4. Owners may rent or alloy the Ilse of their licensed Stall- to or by other
Owners and Occupants, except as limited by the Board in writif g, The lease or other use
right shall be in written form, and shall terminate when the lessor, lessee or other user is
no longer an Owner or Occupant, regardless of the terms of any agreement to the
contrary, The Owner shalt give the Association advance written notice of any lease or t
use agreement with respect to such Owner's Stall, and shall provide a copy of the lease or �
use agreement to the Ass oclation.upon its request', • The Association may hold, convey �
and transfer the Ilcense - ta, rent, or permit guest or handicap paring within a Stall
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assigned to 'it,
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M1'LS -Ward 20218Q.3 7 E
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33.5. The interest of a secured party holding a first lien on a Unit includes the
license to any Stall which is assigned to the Unit at the time of foreclosure of the secured
party's Item; provided 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 Stall license prior to the commencement of a foreclosure
action shall not be required if at least one Stall remains licensed to the Unit.
3.3.6. The use of the Stalls and the Garage, and the size and types of cars and
other vehicles which may be kept in the Garage, are sub j ect to the restrictions set forth in
this Declaration and the Rules and Regulations approved from.time to time by the Board'.
The Association shall apply for and maintain any permits required for the Garage.
Any license,' lease, rental, use, assignment, transfer or purported transfer of any interest in
a Stall in violation of this Section shall be void.
3.4, Storaize Areas. A, portion of the Building Common Elements includes storage
areas' constmeted as a part of the original construction of the Building (collectively the "Storage
Areas" or individually a "Storage Area "), which may be licensed to and reserved for use by
Owners and Occupants of Units, and their tenants. The Storage Areas shall be licensed by the
Association to the Units by operation of this Section 3.4 as authorized by Section. 515B.3-- 102(9)
of M CZOA., The Storage Areas shall be licensed, and the operation and transfer of the Storage
Areas shall be administered by the Association, in accordance with this Section 3,4. The
following- 'Conditions and restrictions shall govern the licensing, assignment, use and transfer of
the Storage Areas.
3.4.1. The exclusive Yicense to use one or more designated Storage Areas may
be granted as a part of the conveyance by the Owner of a Unit that has not been
previously voluntarily oonveyed as of the effective date of this Declaration (the "Original
.... _ _.._......... _..._ _....._.....Seller.')).. The Original Seller shall .file with the Association., written notice of ,the - Unit...... .
conveyed and the'identifter for the Storage Area. .Additional Storage Area licenses shall
be issued by the Association pursuant to this Section 3.4 upon : the filing with 'the
Association of a similar written notice by the Original Seller. Effective upon the filing of
the notice of Storage .Area assignment with the Association, the identified Storage Area
shall, by operation of this Section. 3.4, be deemed to be licensed by the Association as of
the date set forth in the notice to the Owner of the Unit designated in the notice. A
certificate *evidencing the Storage Area license shall be executed by the President or
Secretary of the Association on behalf of the Association and made available for tiniely
delivery to the Owner of the Unit to which the license is assigned. - Any Storage Areas
remaining Lmlicensed after all Units have been initially, voluntarily conveyed may be
reserved for handicapped parking or assigned to the Association. _
14.2. Upon and following the initial licensing of a Storage Area, the use rights
with respect to the Storage Area shall be deemed to be perpetually licensed by the
Association excli.lsively to the Owner of the Unit to which the Storage Area is assigned,
subject to the provisions of Section 3.4.3. The Association shah maintain records
identifying the Storage Areas, the name's of the Owners of the Units to which they are
licensed and the dates of assigmment and any transfer of the license in accordance with
the terns of this Section.
M?U - 'ST+Tord 2021803 8
3.4.3. A Storage Area license shall remain with the Owner and the Unit to
which it is assigned until the license is iTansferred in accordance with this Section.
Subject to Section 3.4.2, a, Storage Area liconse may be transferred, but only by first
delivering to the .Association (i) a written transfer certificate, in form approvea by the
Association, signed by the transferor and transferee, and (ii) all prior license certificates,
and copies thereof, issued with rospect to the Storage Area. The .Association shall review
the 'proposed transfer certificate for compliance with this Section 3.4, and if the transfer
complies, the .Association sball transfer the license on its records to the Unit owned by
the transferee. In the absence of a properly executed transfer certificate to the contrary, a
Storage Area license assigned to the Owner of a Unit at the time ofthc Unit's conveyance
shall be automatiMly transferred to the new Ownor with the conveyance of title to the
Unit,
3 AA, Owners may rent or allow the use of their licensed Storage Area to or by
other Owners and Occupants, except as limited by the Board in w1iting, The lease or
other use right shall be in written form, and shall terminate when the lessor, lessee or.
other user is no longer an Owner 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 Owner's Storage Area, and shall provide a copy of
the lease or use agreement to the Association upon its request. The Association may
hold, convey and transfer tbo license to, or rent, a Storage Area assigned to it,
3.4.5. The interest of a secured party holding a first lien on a Unit includes the
license to any Storage Area which xs assigned to the *Unit at the time of foreclosure of the
secured party's lien; provided 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
foreclosure action shall not be required if at least one Storage Area remains licensed to
the Unit,
3.4.6. The use of the Storage Areas, and the size and types of personal property
that may be stored in the Storage Areas, are subject to the restrictions set forth in this
Declaration and tide Rules and Regulations approved from time to time by the Board.
Any li tens e, ' lease, rental, use, assignment, transfer or purported transfer of any interest in
a Storage Area in violation of this Section shall be void. ,
3.5. Licensing of Plaza Area, The Owner of the Commercial Unit adjoining the Plaza
Area shall, if the Unit is utilized for a restaurants coffee shop or similar food service facility,
have a license for the outdoor seating of customers on and within the Plaza Area, The Plaza
Area shall be subject to such reasonable Rules as may be approved by the Board from time to
time to ensure that noise and activities occurring on the Plaza Area do not unduly disturb the
quiet enjoyment of other Owners and Occupants. Such Rules may, but need not, include hours
of operation consistent with maintaining the quiet enjoyment of the Property by all owners and
Occupants.
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3.6, An e ation_of _ Other Pro erty, Real property may be added to the common
interest community as Common Elements, and s-ab j ected to this Declaration, in accordance with
Section 515B.2-125 of MCIOA,
SECTION 4
ASSOCIATION MEMBE, RSHIP: RIGHTS, OBLIGATIONS AND INTERESTS
Membersbip in the Association, and the allocation to each Unit of a portion of the votes
in the Association, a portion of the Common. Expenses and a portion of the undivided interests in
the Common Elements of the Association, shall be governed by the following provisions:
i
' r solely b reason of owning a Unit
�.1. Me�b ers� ��. Each Owner shall b e a M emb e y y �
and the membership shall, be transferred with the conveyance of the Owner's interest in the Unit.
An owner's inerribership shall terminate when the Owner's ownership terminates. When more, �
than one Person is an Owner of a Unit, all such Persons shad be Members, but rnultlpl6
ownership of a Unit shall not change the voting rights allocated to siich Unit nor autborize the
division of the voting rights.
•.�� Allocation of Voting hts Qommon Ex eases acid Undivided Interests. voting
�
rights, Common. Expense obligations and undivided interests in -the Common Elements are
allocated among the Units based. upon. the approximate area of each Unitas compared to the total
of the approximate was of all Units, subject to (l) allocations of common expenses associated
with the maintenance of Limited Common Elements as described in Section. 6.4.1, (ii) allocations
of Common Expenses between. the Residential Unit Class and the Com' m.orcial Unit Class as
described in Section 6.4.2, and (iii) allocations of limited Assessments as described in
Section 6.4.3 ,
�.3. A urtenanti htsbli ations and Interests. The ownership of a Unit shall �
V.I. o n�rnon 'Expense obli atio�ns described In �
nclude the voting rights, undivided interests and. C r p g #
' obligations, and the title to the Units, shall. not be
Section �.�. Said rights, interests and o g y
se l and, any conveyance, encumbrance, judi
SECTION 5
ADMINISTRATION
The administration and operation of the Association and the Property, including but not
limited to the acts required of the Association, shad be governed by the following provisions;
5.1. General, The operation and administration of the Association and the 'Property
shall be governed by the Goveming Documents, the Rules, and MCIGA. The Association shall
be responsible for the operation and management of the property. The Association shall have* all
powers described in the Governing Documents, MGIOA and the statute under which the
Association is incorporated. All power and authority of the Association shall be vested hi the
Board, unless action or approval by the individual Owners, is specifically required by the
Governing Documents or MC10A. All references to the Association shall mean the Association
acting through the Board unless'specifically stated to the contrary.
5.2. 0 erational Purposes. The Association shall operke and. manage the Property for
the, purposes of (i) administering and enforcing the covenants, restrictions, easements, charges
atid liens set forth in the Governing Documents and the Rules; (ii) rnain.tai ing, repaafing and
replacing those portions of the Property and any other property for which it is assigned.
responsibility under this Declaration; and (iii) preserving the value and the architectural character
of the Prof- ertya
5.3. Bl*n&g Effect of Actions. All agreements and determinations made by the
Association in.�accordance with the powers and voting rights established.. by the Governing
Documents or MC10A. shall �e binding upon all Owners -and Occupants, and their lessees, �
invitees, heirs, personal representatives, successors and assigns, and a;ll secured parties as defined
inMGZ�.A.
. _
5.4. B aws. The Association shall ha_ ve Bylaws, The Bylaws shall govem.the
�
operation and administration of the Association, and shall be binding on all Owners and
Occupants.
5.5. Management.' The Board may delegate to a manager or managing agent the
rnma g ement duties imposed upon the Association's officers and directors by the Governing
Documents and MCI0A... However, such delegation shall not relieve tie officers and directors of �
I
the ultimate responsibility for the performance of their duties as prescribed by the Governing �
.Documents and by law. f
and implement. such
5.6, �. The Board shall have exclusive authority to approve a �
reasonable Rules as 'i.t deerns necessary from time to time for the purpose of operating and
. e affairs of the Association and re �latin the use of the - Property; provided: s
adn�inister�ng the � g .
(i) that the Rules shall not be inconsistent Frith ' the Governing Documents or MCIGA, ' anal. (ii)
that any Rules materially or adversely affecting only the Gon=ercial Units or their Limited
E
Common Elements must be approved by members ,of the Board that include the aff=ative vote .
of at least one director elected by the Commercial Unit Owners, and any Rule materially or
adversely affecting only the Residential Units roust be approved by members of the Board that
include the affinnative vote of at least one director elected by the Residential Unit Owners. The
MPLS -word 202180.3 11
inclusion in other parts of the Governing Documents of authority to a pp r ove Rules shall be deemed to be in furtherance, and not in limitation, of the authority granted by this Section, Now
or amended Pules shall be effective only after reasonable notice thereof has been given to the
Owners,
5,7. Amociat 6n._,Assets,, Surplus Funds. All funds and real or personal property -
acquired by the Association, shall be held and used for the benefit of the Owners for tho purposes
stated in the Goveming Documents. Surplus funds remaining after payment of or provision for
Common. Expenses and ' reserves shad be credited against future Assessments or added to
reserves, as determined by the Board,
5.$, Resale Dis losure Certifzca es. Pursuant to Section 515B.4 -107 ofMCIOA., in the
event of a resale bf a Unit by an-Owner other than a declarant, that Owner. shall Airnish to the
purchaser a resale 'disclosure certificate containing the information' required by.. I
Section. 515B.4- {107(b) of ' MCIOA. Pursuant to Section 515B.4-- 107(d) of MCIOA, the
Association shall, within ton. days -after a request by an Owner or the Owner's authorized `
representative, furnish the resale disclosure certificate, The .Association may charge a reasonable
fee for furnishing the resale d.isclo8tue certificate and .any documents related thereto.
L
SECTION 6
ASSESSMENTS
6.1. General. An annual budget shall be established for the Association and �
Assessments 'shall be determined and assessed against the Units by the Board, in its disoretion;
subject to the requirements and proeedures set forth in this Section. 6 and the requirements of the
Bylaws, Assessments shall include all .Assessments levied by the Association under this
Declaration and MC10A., including but not limited to Annual Assessments under, Section. 6.2,
and may or shall (as hereinafter required) include special Assessments under. Section 6.3 and �
limited Assessments under Section 6.4. Annual and special Assessments shall be allocated
anon the Units in accordance with the allocation formula set foi th in Secti:bn 4.2. Limited
g
Assessments under Section 6A shall be allocated to Units as set forth in that Section.
6.2. Annual Assessments. Subject to Section. 6.1, annual Assessments shall be �
established and levied annually by the Board, Each annual. Assessment shall cover 'll of the
anticipated Common. Expenses of the Association for that year which are to be sbared by all
�
Units in accordance with the allocation formula set forth in Section 4.2. Annual Assessments .
1 monthly or quarterly if]stallmonts as established b the Board. Annual E
shall be payable in equa y q �' � y .
Assessments shall provide, among other things, for an adequate reserve fund for the replacement �
of the Common Elements and those parts of the Units (if any) for which the Association is .
` limited Assessments pursuant to Section 6,4.
responsible and which are not funded by l� . p �
6.3. Special Assessments, In addition to annual Assessments, the Board may levy in I
any Assessment year a special Assessment against all Units in accordance with the allocation
y �, p
4.2. Special Assessments shall be used for .the ose of
formula referred 'to �n Section p p�
3
defraying in whole or in part the cost of any unforeseen and unbudgeted or underbudgeted , .
Common. Expenses, �
MPLS -word 2021 80.3 12
6.4. Limited .Assessments. In addition to annual Assessments . and special
Assessments, the Board may or shall (as hereinafter required) levy and allocate limited
.Assessments among only one or more, but not ail, Units in accordance with' the following
requirements and procedures:
6.4.1. Any Common Expense associated with the maintenance, repair, or
replacement of a Limited Common' Element shall be assessed exclusively against the Unit
or Units to which. that Limited Common Element is allocated, equally, in proportion to
their relative areas or by, actual cost per Unit.
6.4,2. Any Common Expense benefiting only the Residential UnN as a class,
or the Commercial Units as a class-, shall be assessed exclusively against the Residential
Units or the Commercial Units, as applicable, equally, in proportion to the relative areas
of the Units in the applicable class, or by actual cost per Unit.
6,4,2.1. In the case of the Residential Units, such Assessments shall
include the following items of Common Expense to the extent they are exclusive
-to the Residential Units -9 - (i) heating, plumbing, air conditioning, mechanical and
other operating systems; (h) elevators and other mechanical components;
(iii) utilities, including electricity, gas, sewer and water; (iv) reftxsd collection;
(v) replacer nelit reserves for capital items exclusive 'to. the Residential Unit Mass;
and (vi) insurance and ether maintenance of service§ provided by the Association
exclusive t6 the Residential Unit Mass.
6.4.2.2. In the case of tho ' Comin-ercial Units, such Assessments shall
include the following items of Common Expense to the extent they are exclusive
to one or more Commercial Units: (i) heating,, plumbing, "air coed ttioning,
mechanical and other operating systems; (R) utilities, including electricity, gas,
sewer and water; (iii) reface collection; (iv) replacement reserves .for capitat items
exclusive to the Residential Unit Class; and (v) insurance and other maintenmee
or services provided by the .Association exclusive to the - Commercial Unit Class.
6.4.3. Any Common Expense benefiting fewer than all of the Units bu# not
falling within Section 6.4,1 or Section 6.4.2 may, at the Board's discretion, be assessed
against the Unit or Units benefited equally, in proportion to their rotative areas or by
actual cost per Unit.
6 A , To the extend: not covered. by Section 6A.2, the costs of insurance may be
assessed equally, in proportion to the relative areas of the Units in the' applicable Unit
class or by actual cost per Unit, and the costs of common utilities may be assessed
equally, in proportion to usage or the relative areas of the Units in the applicable Unit
class, 'or by such other reasonable allocation as may be approved by the Board.
6.4.5. Reasonable attorneys' fees and other professional costs incurred by the
Association in connection with (i) the collection of Assessments, and (ii) the enforcement
of the Governin.g Documents, I1 CIOA., or the Rules against an Owner or Occupant or
their guests, may be assessed against the, Owner's Unit,
MPLS- T7 o1 d 2021 80.3 13
6A .
Late charges, fines and interest may be assessed as provided in
S ection 12.
6.4.7. Assess
ments levied under Se6tion 515B.3- 116(a) of MC10A. to pay a
judgment against the Association may be levied only against the Units existing at the
time the judgment was entered, in proportion to their Common Expense liabilitics.
the Common Elements, Limited Common Ele�m.ents or
6.4. S. If� any damage to ,
other Unit or an portion of the Owner's Unit that the Association is obligated to
an y p
maintain hereunder is caused by the act or omission of any owner or Occupant, or therr
he Association may assess the costs of repairing the damage ex6lusively against
g�.iests, t y .
the owner's Unit to the extent not covered by insurance.
Assessments levied under Sections 6.4.1 through 6.4.8 may, at the Board's discretion., be
p
assessed as apart of or in addition. to, the Assessments levied under Section 6,1 or 6.2. ,
'n a ital /Transfer Fee. For purposes of funding the Association's on-
645 worl� g p - * shall be aid to the
going re lacem.ent reserves and related needs, the follows -ng amounts . p
g g p
Association upon the sale of Units after the' effective date of this Declaration. Iinless otherwise
• in writing b the Board, the Association shall charge afid collect a ` Transfer
�.�naninaously agreed g y ,
Fee" 'in accordance with the requirements of this Section 6.5.
. , he effective date
6,5,1, The Transfer Fee as aft . of this Declaration shall be an
amount equal to
two-month's Assessments -for the Unit being transferred. The Transfer
or an future calendar year by the vote of seventy yyfive percent of
Fee may be changed f y `tad against an.
b ers of the Board. The Transfer Foe shall not be credi g y
the nxen�
Assessment due with respect to the Unit.
6.5.2. Upon each transfer oftitle to a Unit (eclusxve of exempt transfers under
' Transfer Fee shall be charged to the bnyer of the Unit and shall e
Section 6.5,�b.(iv)), the 'T aid at. closing, the
able to the Asso�iatYOn at the Glaring of the transfer+ If not p � gs .
a person
obligation of the
p i the closing and shall b e a continua g p g
obligation shall survive g or his her Unit shall
buyer of the Unit and a lien against the Unit. Each Owner selling ,
' Secretary or other designee at least 15 days prior to the
notify the Association's � � lace of
o sin g and provide the name of the buyer, tho proposed d ate and p
scheduled closing
closing, a.nd any other information the Board may reasona bf re y q uire.
6.5,3, The Trans ma y
Transfer Fees be used to fund that portion of the annual
nded b annual or special Assessments, or used for related
replacement reserves not �.� y to engage e xn litigation, .
purposes approved b :the Board. Transfer Fees shall. not be used g g g
p� pp , , y rotestin or tanking or asserting a
or in any political. activity, including lobbying, p g,
position. in any plafizin.g or zoning matter. 1
6 , 5 , the above , no Transfer Fee shall be levied upon the
�., Notwithstanding
followin g transfers of title to a Unit (116xempt transfers ")
• l by or to a decl araiit;
]vIPLS Nord 20218
(2) by a co -Owner to any Person who was a co -Owner of the same
Unit immediately prior to such transfer;
(3) , by reason of the, death of an Owner to the Owner's estate, a tnist
created by the Owner, a s- urviving spouse, or the Owner's heirs;
(4) by an owner to an entity Wrholly ownod or controlled by the
Owner, or to a revocable or family trast created by the Owner for
the benefit of the Owner, his or her spouse, and/or heirs;
(5) to a Mortgagee in connee'don with the foreclosure of a Mortgage or
a deed in lieu of foreclosure; or
(6) under othdr circumstances that the Board unanimously designates,
in wri f ng, as an exempt transfer.
6.6, Liabilityof 0 ners for Assessments. If an Assessment has been levied, the
obligation of an Qwner to pdy Assessments shad commence at the time at which the Owner
acquires title to the Owner's Unit. The Ovrner at the time an Assessment is payable with respect
to the Unit shall be personally liable for the share, of the Common Expenses assessed against
such Unit. Such liability shall be joint and several where there are mg1tiple Owners of the Unit,
Subject to Section 6.7, the liability is absolute and unconditional and no Owner is exempt from
liability for payment of Assessments by right of set-off, by waiver of use or 'enjoyment of any
part of tho Property, by absence from or abandonment of the Unit, by the waiver of any other
rights, or by reason of any claim against the Association or its officers, di-rectors or agents, or far
their failure to fulfill any duties under the Goveming Documents or MCIOA.
6.7: A.ssmment_ en. The Association has a lien on a Unit for any Assessment levied :
against that Unit from the time the Assessment becomes due. If an Assessment is payable. in
g .
installxrlents, the full amount of the Assessment is a lien from the time the first installment
thereof becornes due. Pees, charges, late charges, fines and interest charges imposed by the
Association pursuant to Section 515B.3-- 102(a)(10), (11) and (l2) of.MClOA are liens, and are
enforceable as Assessments, under this Section 6. Recording of this Declaration constitutes
record notice and p erfection of any lien under this Section 6, and no further recording of any
notice of or claim for the lien is 'required. The release of the lien shall not release the Owner
from personal liability unless agreed to in writing by the Association.
6,9. Foreclosure of Lien= Remedies. A. lien for Assessments may be foreclosed
against a Unit under the lags of the state ofIlinnesota fix} by action, or viii by advertisement in a
like manner as .a mortgage containing a power of sale. The Association, or its authorized
representative, shall hav6 the power to bid in at the foreclosure sale and to' acquire, hold, lease,
mortgage and oonvey any Unit so acquired. The Owner and any other Person claiming an
interest in the Unit, by the acceptance or assertion of any interest in the Unit, grans to the
Association a power of sale and fixll authority to accomplish the foreclosure. The Association
shall , in addition to its other remedies, have the right to pursue any other remedy at law or in
equity against the Owner -who fails to pay any Assessment or charge against the Unit.
MPLS �W ord 202180,3 15
'opt • Foreclosure. A lion for Assessments is prior to all other liens and
�.�. Vixen Prx 4
encurnbratices on a Unit except (l) liens and encumbTanees recorded before this Declaration,
first mart a 'e on the Unit; and (iii) liens for real estate taxes and- other governmental
(ii) any � g
assessments or charges against the Unit, Notwithstanding the foregoing, if (1) a f�•st n� ortgage
as g
's foreclosed; (2) the first mortgage was recorded on or after the date of recording of
on a �CJn�t �. y ,
laration• axed (3) no Owner redeems during the ovmcr s period of redemption provided
this Dec
by
Minnesota Statates Chapters 5 80, 5 8 1, or 5 82, then the holder of the she riff s certificate of
he foreclosure of the first mortgage shall tale title to 'the Unit subject to unpaid
sale from t
Assessments for
Common Expenses levied pursuant to Sections 515B.3-115(a), (e)(1) to (3), (�
and (i) of MCIO
A which became due, without acceleration, during the six months immediately
preceding the first day following the .end of the owner's period of redemption,
pre g .
. 6.1 0. Real Estate Taxes and Assessm ents. Real estate taxes, special 'assessments, and
ether charges a n
and fees which may be levied against the Common Elements by governmental
authorities, shall be
' allocated and levied equally among the tJnits, and shall be a lien against each
lJmt in the same manner as a lien for real estate taxes and special assessments levied against the
Unit alone.
onve antes; Statement of Assessments. In a voluntary conveyance
x.11., ;�Taluntary _ �-
r shall not be ersonally liable for any Unpaid Assessments and other charges
of �, Unit, the buys p h time of conveyance to
made b the. Association. against the seller or the seller's Un't prior tote Y
Y
• expressly assluned b the buyer. However, the lien of such Assessments shall
e buyer, unless expres y Y gall be entitled to a statement, in
• g main against the Unit until released. Any seller or buyer sl
�e
recordable farina
from the Association setting forth the amount of the unpaid Assessments
• l din all Assessments payable in the Association's current fiscal year,
against the Unit, Inc u g
which statement shall be binding on the Association, seller and buyer,
SECTION 7
RE STRICTIONS O USE OF PR01%�T�
and Occupants, ants a
All Owne ccu
rs and all secured pasties, by their acceptance or assertion of an
• r b' their occupancy of a Unit, covenant and agree that, in. addition to
interest i the Property, o Y p h Governin Documents, the
an other restrictions which may be imposed by ICIA or the g ,
Y
' operation, alienation and conveyance of the Property - shall be subject tot the
occupancy, use, op
following restrictions:
• e shall be owned, conveyed, encumbered, leased, used and
'7.1.e ra. The Prop
b `ect to the Governing Documents and MC1OA., as amended from
time to time, All
occupied su
' and. obligations set forth in the. Governing Documents are in furtherance
covenants, restrictions g
of a plan for the Property, and shall run.. with the Property and be a- burden and benefit to all
s and to an other Person. acquiring or owning an interest in. the. Property,
Owners and Occupant Y
their heirs, personal representatives, successors and assigns,
. Prohibited. Except as per .tied by this
7,2, Certa]n Subdivisions and Canye antes p . .
the Common Elements may be subdivided or partitioned
]� eclarat�on, no Unit nor any part of on
• written approval of all Owners and all Mortgagees holding first mortgages
without the p�.�or w pp
the Units. -
MPLS -word 202180.3 16
7.3. Use of Residential Units, Except as provided in Sections 7,4 and 7.6, the '
Residential Units' shall be used by Owners and Occupants and -their guests exclusively- as private,
single family residential dwellings, and not for transient, hotel, commercial, business or other '
non - residential purposes. Any lease of a Residential Unit or other occupancy arrangement
(collectively referred to as a "Lease ") that includes services customarily famished to hotel
guests, shall be presumed to be for transient purposes.
' Residential Units. No business trade occupation or rofession
7.4, Business Use in Re j P p .
find whether carried on for profit or otherwise,` shall be conducted, maintained or
. of any � .
permitted in an Residential Unit or the Common Elements, except:
P Y
i
7.4.1, An Owner or Occupant residing in a %ffi Residential Unit may main a
home occupation in such Residential Unit; provided, that such use (i) is incidental to the �
residential use; (ii) does not involve physical alteration of the Residential Unit visible �
from the exterior; (iii) is in compliance with all gove=ental laws, ordinanoes and
regulations; (iv) does not involve observable business activity such as signs, advertising
displays, deliveries, or pedestrian or vehicular traffic to and from the Residential Unit; (v)
does not involve employees- and vi does not involve activity which disturbs the quiet
enjoyment of the Property by other Owners or Occupants.
7.4.2. The association may maintain offices on the Property for management
3
and related. purposes. �
7.4.3'. A holder of a first mortgage that acquires title to' any Unit by foreclosure' I
r deed in lieu of f oreolosure nla maintain a Unit used as a model in connection with its �
sales of the Units acquired, and shall have, rights of access to the Units for its contractors
r
and prospective buyers and agents.
weer and Occupants of the Commercial Units, and their business �
7.4,x. The � � 1
invitees, may use the Commercial Units and the Limited Common dements allocated to
such Commercial Units for busin.e.ss activities, subject to any limitations set forth in this �
Declaration.. s
3
s
7A5 i Use of C mercial Units, The Commercial Units shall be used by the Owners
Y...i .
Occupants thereof, and their employees and customers, exclusively far commercial, retail
and p s� -
and other nonir�esidential purposes; subject to the following additional qualifications and �
restrictions;
7.51 are Notwi.thstandin g - provision contained herein to the contrary, the
Y p
Owners and decupants of the Commercial Units, their tenants and employee's, shall be
entitled tb use such poxtions of the Buildings designed and 'intended to serge the
Commercial Units, but ownership of the Commercial Unit shall not otherwise entitle the
Owners or Occupants thereof, their tenants and employees, to the use or benefit of any
portions of the Common Elements and related Improvements designed and intended to
exclusively serve the Residential Units.
MPLS-Ward 2021 $0.3 17
7.5.2. No waste or hazardous materials shall be introduced, created or stared
within the Commercial .Units or,/ elsewhere on the Property, No - activities shall be
conducted within. the Commercial Units that impose dangerous or extraordinary loads oft
mechanical, eledri.cal, plumbing or other systoms within the Building, and no changes or
Im tovements shall be made or installed within the Commercial Units or their Limited
Common. Elements that adversely affect or impair the structural or mechanical integrity
of the Building, the Building shell, any Building operating equipment, or the sound
insulation quality of the Building.
LeaMn . Leasing the Units shall be subject to the following terms and conditions:
7. �, g
7.61 Residential Units may be leased, sdiect to reasonable regulation by the
.Association', but only in accordance with the following conditions: (i) no Residential Unit
may be, subleased; (H) unless simultaneously occupied by the Owner, a Residential Unit
Mist be leased in its entirety (not by roorm); (M) all leases shall be in writing; (iv) unless
authorized in writing by the Board, no residentiatlease shall be for a period of loss than
three months or more than twelve Ynar ths; and (v) all lenses shall provide that they are
to the Governin Documents, the Rules- and MCIOA., and that any failure of the
subject Gt g
lessee to comply with the terms of such documents shall be default under the lease. The
leasin g of Residential Units shall -be further subject to the restrictions set forth in
Section 8.
7.6.20 The Association may impose such reasonable Rules as may be necessary
to implement procedures for the leasing of residential Units, consistent with
Section 7.6.1 and applicable law, including but not limited to (x) a requirement for. the
screening. lessees through a licensed screening organization, provided th
g� at such
screenln shall not violate federal, state or local discrimination laws, and (fi) a
g
requirement for a lease addends n� subordiiating the lease to the Governing Documents
and incorporating certain use restrictions consistent with Section 7.6.1.
The Commercial 'Units may be leased, subject only to Section 7.5 and
77.63. r
Section 7.6.1 (iii) and (v), and to any other Sections of this Declaration express l y
govern ung the Cornm.eroial �. nits.
7.7. Storagre and Parking, Personal property may not be stored, displayed or otherwise
left outside the Units, except as authorized by the Board. The streets, walkways, driveways and
e
part an
portions of the Common Elements used for access to and from the Units, may not be obstructed,
used for parking, storage, activities or any purpose other than access and authorized pa�lcing.
or us p gs g
ar
Garage kin stalls shall not be converted to other uses or used for storage or other purposes
parking
which would prevent the parking of a full size automobile in, each stall. Any vehicle that, when
wh p p
parke extends into or over the • drive lanes or striped parking lanes within the garage is
ed, .. . ,
r hibited from parking within the Garage unless authorized in wr'ting by the Beard. The -use of
prohibited p g .
h �`rara e and other arkiiig areas shall be subject to regulation by the Association, including
to g p
but not limited to the light bf the Association to regulate parking, and storage, tour vebic es
P
arked in im.authorized areas or in an unauthorized manner, or remove unauthorized personal
property.
MPLSNord 202180.3
7.8. Signs. Except as described in this Section, permitted under applicable law or the -
.�. p p ��
Rules, or otherwise authorized in. writing by' the Board, signs located anywhere on the Property
which are visible frorA the exterior of the. Buildings shall be prohibited. Signs constmeted or :
installed for the benefit of a Commercial Unit pursuant to the easemwit established. under
Section 11 are authorized, but shall not be expanded, replaced or otherwise materially modified
after ' the initial construction or approval thereof, unless approved in writing by the Board
Pursuant to the standards set forth below:
7,8.1. Signs. shall be-high quality and type consistent with the overall design
and location criteria fof commercial signage. Original exterior signs constructed or
approved in oom Hance with the City ordinances shall automatically be deemed
reasonable and approved within the meaning of this Section.
7.$.2, The location, of exterior signs identifying a Commercial. Unit are lxnuted
f the Common Elements or Limited Common Elements on inail �
to those parts a g y
designated as commercial sign. locations or subsequently authorized 7.n writing by the
Board.
7.$3. No. sign shall emit any significant noise, nor any blinking or oscillating
light of any type.
7.8.4. Signs shall conform to applicable governmental laws, codes, ordinances
and restrictions.
7.8.5, . "For Sale" signs for Residential Units may be maintained as authorized
b the -oard. "For Lease" and. "For Sale" signs may be maintained. in the windows of �
y a �' �
the Commercial Units, or other areas as authorized by the Board.
7.9.. Animals. The Board shall have the exclusive authority to prohibit, or to allow and
regulate, by Rules, the beeping of -animals on the Property. This authority may - be oxerclsed s o
different es of animals but those animals which are permitted. (if any)
as t� perm�.t or prohibit typ
�
shall be limned to common domestic house pets such as dogs, cats, fish, birds and the life
However, no animal may be bred, or kept or maintained for business or commercial purposes,.
anywhere on the Property. The word "animal" shall be interpreted in its broadest sense and shall
all living creatures except humans. Notwithstanding the foregoing, no Rule or }
include a g p
Regulation may prohibit the beeping of a qualified service dog or similar animal by a person who
is handicapped within the meaning of the Fair Housing Amendments Act of 1988 or comparable
state law.
7.10. Yin royements. Except as permitted under applicable stake or federal law or as F
otherwise provided herein, no modifications, Improvements, repairs or replacements of any type,
temporary or permanent, structural, aesthetic or otherwise (collectively referred to as
"Improvements"), includmg but not HHted to, any stmetare, building, addition, deok, patio,
fence wall encl o sure window, exterior door, antenna or other type of sending or receiving
apparatus, sip, flag, display, decoration, color change, shrubbery, material topographical or
pp , �
landscaping g chap e , shall be made, or caused or allowed to be made, by any Owner or Ocoupant,
or 'the" invitees, in any part of the on on Elements, Limited Common. Elements, or in any �
art of the Unit which affects the Common Elements, the Limited Common. Elements or another �
p �
MPLS -word 2021 80.3 19
Unit, or which is visible from the exterior of the Unit-, without the prior written authorization of
the Board, or an architectural committee appointed by it, and compliance with the requirements
of this Section.
7,10.1. The .Board may appoint, supervise and disestablish an architectural
committee, and specifically delegate to It part or all of the functions which the Board
exercises under this Section, in which case the references to the. Board shall refer to the
architectural committee where appropriate. In the event the Board makes a delegation
hereunder, the Board shall also determine whether there is a. right to appeal decisions of
the architectural committee to the Boar and, if so, the procedures that shall govern such
an appeal} Notwithstanding the foregoing, the architectural committee shall be subject to
the supervision of the Board.
7.10.2. The Board shall have authority to ostablish reasonable forms and
procedures for applying for authorization for Improvements, and reasonable requirements
for Improvements, The Board, in its sole discretion, may impose standards for design,
appearance or construction which are greater or more stringent than standards prescribed
by the Governing Documents or by building, zoning, or other governmental laws, codes,
or regulations; provided that such standards shall be consistent with . the architectural
character and use of the Property as approved by the City. The Board. shall be the sole
J of whether suoh criteria are satisfiea, subject to any restrictions imposed by any
applicable govermnental laws, codes, ordinances or regulations, and shall have the right
and authority to approve, conditionally approve or deny requests for Imptovernents in its
sole absolute discretion and its determination in this regard shall be final and binding
p
u on the Owners, Occupants and any other Person holding or acquiring any interest in
the Unit.
purpose .i0 requirements e
Th ur of the established by the .Board shall be (x) to
7,103. .
preserve the architectural style, the quality and the �ralue of tl�e Property and iii to
protect the Association and the Owners from undue liability arising out of the
Improvements or any construction activity in connection therewitb.
7.10.4. Improvements may bo made in compliance with Section 515B.2-113 of
MC10A, and relocation of the boundUies of Units may be made in compliance with
Section 515B.2 --1,14 of MCIOA.
7.10.5. Approval of Improvements which cause a min.or encroachment upon
mother Unit or the Common Elements shall create an appurtenant easement for such
encroachment in favor of the Iinit with respect to which the Improvements are approved,.
notwithstanding ny contrary requ.iroment in. the Governing Documents or MCIOA. A .
g .
file of the Board or committee resolutions approving - or denying all proposed.
Improv6m.ents shall be maintained permanently as a part of the Association's records.
7.10.6. otwitlastaMing the restrictions set forth in this Section 7.i o, antennas
ma y be installed' in accordance with applicable federal lave and the Rules consistent
therewith.
MPLS -Word 2021 80.3 20
7.10.7. An Owner who causes an Improvement to be made, regardless of
whether the Improvement is approved by the Board, shall be solely responsible for the
constmetion standards and specifications relating to the Improvement, and for the
consttuction'work. The Owner, and not the Association, is responsible for determining
whether any. Improvement is in- compliance with any requirements imposed by any
governmental authority having jurisdiction over the Property. The Owner shall hold
harmless, indemnify and defend the Association, and its officers and directors, from and
against any expenses, 'claims, damages, losses or other liabilities, including without
limitation attorneys' fees and other professional fees and costs, arising out of (i) any
Improvement which violates any, govermnental laws, codes,' ordinances or regulations
(H) the inadequacy of the specifications for construction of the Improvements; or
(iii) defects in the construction of the Improvements,
7.11. 0niet En' o ent. All Owners and occupants and their guests shall have a right
off' quiet enjoyment in their respective Units, subject to the rights of (i) other owners and
Occupants to reasonable use of their respective Units and to the normal and customary sights,
sounds, odors and activity generated thereby given the -residential and commercial living
environment associated with the nature and stracture of the Buildings, and (?i) the Owners and
Occupants of the Commercial Units to conduct their respective businesses in a manner
customary for such businesses and to the normal and 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. Subject to the foregoing
considerations, owners and 00cupants shall use the Property in such a manner as will not cause
a nuisance, nor unduly restrict, interfere with or impede the use and quiet enjoyment of the
Property by other Owners and Occupants and their guests.
7.12. Prohibited Conduct No Owner or Occupant shall (i) cause or permit any Physical
changes to heir Unit that could jeopardize or impair the weather -tight soundness or safety of a
Building, an-y' Building system, or other Improvement located on the Property; (R) interfere with-
any
easoment� (iii) install or permit the installation of Bard surface floor coverings within a
a
Ro�idential Unit wifhout the prior written, authorization of the Board, except for the replacoment
of floor coverings of sane type as originally installed in the Unit; or (iv) cause or permit any
g .
physical changes to a Residential Unit which could damage or otherwise affect 'y common
wall, floor or ceiling surrounding a Residential Unit, or the sound barriers or soimd attenuation
matel7als iinstall6d on or within the ceilings, floors or walls surrounding the Unit without the
prior written authorization. of the Board.
7,13. Cm-pli ce_wxth Law. No use shall be made of the Property which would violate
an y then e rmu.n
'ex icipal codes or ordinances, or state or federal laws', nor shall any act or use
be permitted which could cause waste to the Property, cause a material increase in insurance
rates on the Property, or otherwise cause any unusual liability, health or safety risk, or expense,
for the Association or any owner or Occupant.
7,1 4, Development Agreement. The Property is subject to a Development Agreement
It
by and between - the. original declarant and the City. The Development Agreement contains
vanous restrictions and requirements with rospect to the development and use of the Property,
and is binding upon the Property and the owners and Occupants.
MPLS -ward 202180.1 21
7.15. ' Time Shares Prohibited. 'The time share form of ownership, or any comparable
farm of lease, occupancy rights or ownership which has the effect of dividing the ownership or
occupancy of a Unit into separate time periods, is prohibited.
7.16, Access to Units. In case of emergency, all Units and .Limited Con=on Elements .
are subject to- end', without .notice and at any tithe, by an officer or member of the Board, by the
Association's management agents or by any public safety personnel, Entty is also authorized for
rnaintenanoe purposes under Sections 8 and for the purposes described in Section 1. The Board
may require that an Owner provide to the Board a key to the Owner's Unit to be used if there is a
need for emergency access,
SE CT ION 8
MAINTENANCE' AND REPAIR
The following provisions shall govern the maintenance, repair and replacement of the
Property. .
8.1. Association Res onsibili . The Association shall imdertake and perform the
maintenance, repair and replacement of the Common Elements and Limited. Common. Elements,
p
M accordance with the following provisions and subject to the following qualif icatians:
8.1.1. Unless otherwise agreed by the Board and the Owner or Owners of the
affected Commercial Unit or Units, the Owner of each C onzmerci al Unit shall bo
obligated: to maintain, at its expense, (i) all Limited Common Elements allocated to such
Owner's Unit, and (ii) the Commercial Appurtenanoes.
8.1.2. In addition to the obligations described in Section 8.11, the Association
may, upon reasonable notice, assign to an Owner or Owners the obligation. ' for•
malntenance of a Limited Cormnon Element allocated to such Owner's Unit, or Cannon
Elements benefiting only that Unit. if the Owner fails to petform the Owner's
maintenance obligations under Section 8.2 to the standards established by the
Association, the Association may enter the Unit or Limited Common Element, perform
the maintenance and assess the 'Owner's Unit for the costs; provided that reasonable
notice and an opportunity to cure the violation shall first be given to the Owner.
8,13, The Association may, upon reasonable notices elect to maintain, repair or
replace mechanical, structural or other components within the Units and assess the costs
against the Unit, if the failure or impairment of the component car.ld result damage to
the Comm& Elements, Limited Connnon Elements or other � Tnits, impair the -unction of
any Building system, or could create a health or safety hazard.
8.1.4, if - damage is caused to the Common Elements, LinAted Common
Elements or other Units by an Owner or Occupant, or their 'xnvitees, or by any condition
in the Unit, Common Elements - or Limited Common. Elements which the Owner or
Occupant has caused or allowed to exist, then the Association may, upon reasonable
notice, repair the damage or correct the condition and assess the cost thereof against the
responsible Owner's Unit.
MPLS Ward 202190.3 22
8.1.5. , The Association shall be responsible for incidental damage caused to a
]'nit or its Limited Common Elements -by work undertaken by the Association, pursuant
to this Section 8.
8.1.6, The Association shall maintain, repair and replace the Common. Elements
in accordance with the req=" ements of this Declaration and the applicable City
approvals, permits, regulations and agreements.
8.1.7, Subject to Section 8.1.1, 8.1.2 and.8.1.3, the costs associated with the
Association's maintenance � obligations under this Section S shall be funded by
Assessments determined and levied in accordance wltl1 Section 6.
8,2, owner Res onsibili The, Owner shall, at the Owner's expense, be responsible
for maintenance, repair and replacement as follows:
8,2.1. To maintain, repair, and replace all portions of the Owner's Unit, except
those maintained by the Association, in good, clean, sanitary and safe condition.
8.2,2. To perform imitenance of the Limited Common Elements allocated to
the Unit to the extent the Association assigns such obligations to the owner- or as
otherwise provided to Section 9.1. The Association may require that the owners perform
their maintenance obligations in accordance with standards established by. the
Association.
8,23, To perform the foregoing maintenance obligatiohs in such manner as not
to damage the Property, or unreasonably disturb or cause a hazard to -other persons
occupying or using the property.
92.4. To romp tl a or reimburse the Association for any costs incurred by
1� p Y p Y
the Association for the repair of may damage to the Common Elements, Limited Common
Elements or other Units, caused by the Owner or occupant, or their invitees, or caused by
any condition in the Unit, Common Elements or Limited Common. Moments which the
Owner or occupant has allowed to exist.
83, Duly to Inspect/Report Defects. The Association shall regularly inspect the
Common Elements for the purpose of evaluating the need for maintenance, repair or
replacement. Owners or occupants shall promptly report to the Association. any material defect
p
the Common Elements or Limited Common Elements which may require n� aintenance, repair
or replacement.
8.4. Easements fQL Inspection. Maintenance, Repair and Re- Dlacement, Each Unit and
the Common Elements and Limited Common Elements are subject to the inspection,
maintenance repair and rep la�cement casements d 'es crib ed in Section 1
p
1
z
i
Iv MS -word 2021 80.3 23
SECTION 9
INSURANCE
91. Re uired Covera e. The Association shall obtain and maintain, at a rnimmum, a
master policy or policies of insurance in accordance with the insuranco requirements set forth in
r MCIOA- and the additional requirements set ford herein, issued by a reputable insurance
company or companies authorized to do business in the state of .Minnesota, as follows.
9.1.1. Property insurance in broad form covering all risks of Physical loss m an
amount equal to one hundred percent of the insurable "replacement cost" of the Property, '
less deductibles, exclusive of land, footings, excavation and other items normally
excluded from coverage (but including all building service equipment and machinery).
. r
The Association may or may not, as determined by the Board, insure the hnprovernents
and bettennents referred to in Section 515B.3 --1 l3(b )(i) through (vii) of MCIOA, The
policy or policies shall cover personal property owned by the Association, The Policy or
policies shall also contain ."Inflation Guard" and "Agreed. Amount" endorsements, if
reasonably available. Subject to approval of the Board, such policy or policies shall
3
include such additional endorsements, coverages and limits with respect to the foregoing {
and other hazards as may be required from time to time by the regulations -of they Federal
Housing Administration (THA"), the U.S. Department of veterans' Affairs ("VA"), the
federal rational Mortgage Association ("FNMA") or the federal Home Loan Mortgage
Corporation ( "FHLMC ") as a precondition to their insuring, purchasing ,or financing a
mortgage on a Unit. The Board may also, on behalf of the Association, eater into binding
written agreements with a mortgagee, insti -rer or servioer, including without limitation the
FHA, VA, FNMA or FI-ILMC, obligating the Association to keep certai-n specified
coverages or endorsements in effect.
9; l .2. ' Commercial general liability insurance covering the use, operation and
maintenance of the Common Elements and the activities of the .Association, with
Minimum limits of one Million Dollars per occurrence, against claims for death, bodily
injury and property damage, and such other risks as are customarily covered by such
policies for projects similar in construction., location and use to the Property, The policy
shall contain a "severability of interest" endorsement which shall preclude the' insurer
from dehyirig the claim W an Owner or Occupant because of negligent acts of the
Association or other Owners. or Occupants. Subject to approval of the Board, the policy
sball include such additional endorsements, coverages and limits with respect to such
hazards as may be required by the rogu.lations of the FHA, VA, FNMA. or FHLMC as a
precondition to their insuring, purchasing or financing a mortgage -on a Unit.
9,1.3. Fidelity bored or insurance coverage against dishonest acts on the part of
directors, officers, managers, tmstees, employees or persons rosponsible for handling
funds belonging to or administered by the Association, if deemed to be advisable by the !
Board or required by the regulations of any financing- related institution as a'pre'condition 1
to the purchase, insuring, - guarantee, or financing of a mortgage on .a Unit. The, fidelity
bond or insurance shall name the Association as the named insured, and shall, subject to f
approval of the Board, comply with the regala.tions of the ITNMA, FHLMC, FIFA or VA,.
if required b one of such agencies as a precondition to the piirchase, financing, insuring,
q. y �
MP'LS -Word 2021 80.3 24
or guarantee of a mortgage on a Unit. An appropriate endorsement to the policy to cover
any persons who servo without compensation shall be added if the policy would not
otherwise ,cover .volunteers, or a waiver of defense based upon the exclusion of persons
serving without compensation shall be added,
9.1.4. workers' Compensation ins uance . as applicable and required by law,
9.1.5. Directors and officers liability mstvance, if reasonably available, and
with such reasonable limits and coverages as the Board shall determine from time to
r.
time,
9&L6, Such other insurance as the Board may determing, from time to time to be
in the best interests of the Association, and the Owners. ::yy
9.2. Premiums Im rovements� Deductibles. Except as provided in Section 6,4 and
this Section, all i�u
s_ ranee premiums shah. be assessed and paid as an annual Assessment. Policy
deductible amounts 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 for damage to a Unit or Units, (i) pay the deductible
amount as a Common Expense; (H) assess the deductible amount against any one or more of the
Units affected in any reasonable manner; or (iii) require the Owners of any one or more of the
Units affected to pay the deductible amount directly. The Association's decision as to who shall
be 6arged with paying the deductible amount may, but need not, be based on fault,
Loss Day e; _ -. I su rangy _ stee. All insurance coverage maintained by the
Association shall be written-in the name of, and the proceeds thereof shall be payable toy the
Association (or a qualified Insurance trustee selected by it) as trustee for the benefit of the
Owners and secured parties which suffer loss, The Association, or any insurance trustee selected
by. it, shall have exclusive authority to negotiates settle 'and collect upon any elaims or losses
under any insurance policy maintained by the Association.
9.4. Re aired folic Provisions. All policies of property insurance carried by the
.Association shall provide that:
9.4.1. Each Owner and secured party is an ' sulked person under the policy with
respect to liability arising out of the Owner's interest in the Common. Elements or
membership in the Association.
, ,�„ The insurer waives its right to subrogation. under the policy against any
Owner or member of the owner's household and against the Association and members of
the Board.
9.4.3. 71 e coverage shall not be voided by or conditioned upon (i) any act or
omission of an Owner or mortgagee, unless acting within the scope of authority on behalf
of the .Association, or (xi) any failure of the .Association to comply with any warranty or
condition regarding any portion of the Property over which the Association has no
control.
MPLS -ward 202180,3 25
9.4,4. If at the time of a loss under the policy there is other insurance in the
name of an Owner covering the same property covered 'by the policy, the Association's
policy 7s primary. .
9.5, C fellation: Notice of doss. Property insurance and oornprehensive liability
insurance policies ' maintained by the Association shall provide that the policies shall not' be
canceled or substantially modified, for any reason, without at least thirty days prior- written
notice to the Association and to all secured parties holding first mortgages on Units,
9.6. Restdration in Lieu of Cash Settlement. All policies of property insurance
policies maintained by the Association shall provide that, despite any provisions giving the
insurer the right to elect to restore damage an lieu of a cash settlement, such option shall not be
exercisable (i) ,without the prior written approval of the Association (or any insuranee trustee), or
(ii) when in conflict with provisions of any insurance trust agreement to which the Association
may be a party, or any requirement of law.
9.7. Owner's Personal Insurance. Each Owner of a Residential Unit shall obtain
additional personal insurance coverage (commonly Imown as "gap coverage" .or an " "064'
policy) at his or her own expense covering fire and other casualty to those parts of the interior of .
the Residential •unit to the extent not covered by the Association's insurance, and the Owner's
personal property and personal liability. Each fawner of a Commercial Unit shall, obtain and
maintain comparable property insurance coverage for its personal property and fixtures as well
as industry standard commercial general liability insurance covering the use, operation and
maiutenalice of such Commercial. Unit and the particular business operated therein. Insurance
policies maintained by Owners are without contribution as against the insurance purchased by
the Association, except W for insurance policies covering unique risks arising out of the use of a
Commercial Unit, and (ii) as to deductible amounts or other items not covered under the
Association's policies.
SECTION 10
RECONSTRUCTION CONDEMNATION AND EMINENT DOMAIN �
10.1. Deconstruction, The obligations and procedures for the repair, reconstruction or
disposition of the Property following damage or d.estrLiction, thereof shal.i be governed by _
P 1 be commenced as soon as practicable after the
N1�X�]A. Any repair or reconstr�.�ct�on. shall p
` accordance with the plans, s ecifications- anal desi n of the
casualty and shall be subsl.ant�ally in acco p p g .
• initially constructed. and subse' uentl improved, Notice of substantial damage or
Property as y q �' �
destruction shall be given as provided in Section 14.1.0.
t
10.2.. Condemnation and Eminent Domain. In the event of a taking of any part of the }
condemnation- or o�ninent domain the provisions of 1VIOIOA shall govern; provided,
Property by coed � p
(i) that notice shall be given as provided. in Section 14.10; (ii) that the Association shall be the �
attorney-in-fact to represent the Owners in any related proceedings, negotiations, settlements or
�
agreements; and. (iii) that any awards or proceeds shall. be payable to the Association for the
benefit of the Owners and the mortgagees of their Units. Mortgagees shall be entitled to priority -_
for condemnation awards in accordance with flio priorities established by MC1O.A and the
}
ernin Documents as their interests ' nay appear.
a
�i`r(�v g a
MPLS -Wand 2021203 26
10.3. Termination and Lzuid.ti�r. The termination of the common Interest
r�.. - - . -- - _...
community, and the distribution of any proceeds therefrom, shall be governed by MCYOA. Any
distribution of funds shall be based upon the value of the Units as determined by their relative
value for property insurance purposes, and shall be made to Owners and their mortgage holders,
as their interests nay appear, as provided in MCIOA.
10A Notice. The Association shad give written notice of any condemnation
proceedings or substantial destruction of the Property to the Eligible Mortgagees entitled to
notice under Section 14.10.
10.5, Association's Authori In all cases involving reconstruction, condemnation,
eminent domain, termination or liquidation bf the common interest community, the Association
shall have authority to act on behalf of the Owners in all proceedings,' negotiations and
settlement of claims. All proceeds shall be payable to the Association to hold and distribute for
the benefit of the Owners and their mortgage holders, as their interests may appear, in
accordance with MCIOA.
SECTION 11
EASEMENTS
Each Unit and the Common Elements, and the rights of the Owners and Occupants
therein., .shall be 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 for access,
ingress to and egress from a street or highway on and across those portions of the Common.
Elements designated for use as drivoways or wallmmys, as originally constructed, shown on the
Plat or otherwise designated by the Associ
shall be limited to minor encroachments, and no - easement shall exist unless the proposed
lnr provoments have been approvod and constracted as required by this Declaration. Such
easements shall continue for. as long as the -encroachment exists and shall Pict affect the
marketability of title.
11. 5, Ins ection" Maintenanee Re air and Re lacement. Each Unit, and the rights of
the Owners and Occupants thereof, and the CoMMM Elerrients and Limited Common Elements,
shall be subject to and benefited by a nonexclbsive easement In favor of the Association for the
inspection, maintenanco, repair and replacement of the Common .Elements, the Limited. Common
Elements, the Units and other Improvements related thereto located within the Units, and the
utilities, serving the Units,. to the extent necessary to fulfill the. Association's obligations under
the Governing Documents. Each Owner shall afford to the .Association and its managoment
agents and employees, access at reasonable times and upon reasonable notice, to and through the �
Unit and its Limited. Common Elements for inspection, maintencMee, repair and replacement;
provided that access may be had without notice and at any time in case of emergency.
l l , 6, Utilities. The Common Elements and the Units shall be, subject to and benefited
by nonexclusivo easements in favor of the Association, the City and , ati utility compaxies and
other service providers for the installation, -use, maintenance, repair and replacement of all
utilities, services and ooinmon operating systems, such as natuxal gas, electricity, telephone, .
cable TV, internst and othor electronic communications, water, sewer, septic systems, wells, and
similar s ervi oes, irrigation systems, fire control systems and other common operating systems,
and metering and control devices, which exist, which are constnictod as part of the development
of the Property, which are approved by the City, which are approved by the Association under
authority contained in the Governing Domments or MCYCA, or which are described or referred
to in the plat, this Declaration or other recorded instnunents. Each Unit, and the rights of the
Owners and Occupants thereof, shah also be subject to and bonetited by a non� exclusive,
easement in favor of the other Units, the Common Elements and the Association for all such
utilities, services, and systems installed in accordance with this Section.
11,7. Emeraency Access to Units. In caso of emergency, all Units. and Limited
Common Elemonts are subject to an easement, without notice and at any time, in favor of the
Association for access by the Association's management agents, and 1n favor of fire, police or
other public safety personnel.
11.8. Pro'eot Signs. Association shall have a non-exclusive easement and right to erect
and maintain temporary and permanent signs and related monuments identifying the com' mon.
interest community and/or the Commercial Units on - the Common. Elements. Signs for, j
Residential Units may be maintained as authorized by the Board. Those parts of the Property on i
monument signs or related inn ravoments are located shall be subject to non'
which permanent gn p �
exclusive easements in favor of the Association for the continuing use, maintenance, repair and
replacement of said signs and improvements. 7n the ease of sighs identifying the Commercial .
Units, those parts of the Property on which the signs or related design xmprovements are located
hall be subject to a non - exclusive easement in favor of the Commercial Units for the continuing.
use, maintenance, repair and. replacement of sa "d signs and rnprovernents. Yn exereIs ng its
rights under said easements, the Association, Declarant or the Owners of the Cornrneroial Units,
as applicable, shall tale reasonable care to avoid damaging the improvements to the Property and
shall repair any damage caused by such actions.
MPLS -word 202180,3 28
11,9, Commercial Units. Commercial Units shall be benefitted by an easement for
access over the Common Elements by their respect tenants, customers and vendors; provided,
that such access shall be by the most direct route from the exterior of the building to the
Commercial Unit or Units. In addition, the, Commercial Units shall be benefitted by ant easement
over. the Common Elements for transporting trash and refuse to receptacles designated by the
Board for the disposal of such items; provided, that said easement shall be utilized in a manner
designed to Minimize any disturbance to other Owners' or Occupants' use of the Property and
may be limited by Ryles approved by the Board. The foregoing easements shall be subject to
reasonable riles established by the' Board, consistent with the oporational needs of the tenants of
the Commercial Units and the needs for quiet enjoyment by the Owners and Occupants of the
Residential Units.
11.10. Other. Easements, The Property shall be subject to such other easements as may
be recorded against the Property by reason of the City's requirements in connection with the
development of the Property.
11.11. ;Continuation., Scope and Conflict _of Easements. The easements set forth in this
Section (I*) shall run with the land and shall be appurtenant to the benefited. property, (ii) shall
supplament and not limit any easements described elsewhere in this Declaration, or otherwise.
recorded (i`i) s hall be permanent, subject only to termination in accordance with-the terns of the
easement; (iv) shall be subject to reasonable regulation by the Association and shall be subject to
such reasonable limitations as to location, and routing as may be established by the Association
or any goverm ental authority; and (v) shall include reasonable aocess to the easement areas over
and through the Property for purposes of constmetion, maintenance, repair, replacement and
reconstruction..
11.1.2, Non In erference; _Irnpairmerit- _Prolaibite , All Persons exercising easement rights
shall i do so in a ^reasonable manner so as not to materially interfere with the operation of the
Property or cause damage to the Property; (ii) shall promptly repair any damage to the Property
which they or their employees or agents caused; (iii) be financially liable for all costs of repair of
any part of the Property which is damaged by the Person's exercise of the easement rights, and
Ov) hold harmless, indemify- and defend the Association and other Owners, and their officers
and directors, from and against all claims, damages, losses and other liabilities arising out 9f the
exercise of the easement rights. No Person shall impair, obstruct or cause damage to any
easement area, or Improvements or equipment installed therein. Notwithstanding anything in
this Declaration to the contrary, no Owner or Occupant shall. be denied reasonable access to his
or her Unit or the right to utility services thereto.
11.13. Benefit of Easements, -Alt easements benefiting a ,Unit shall benefit the owners
and Occupants of the Unit, and their.invitees. -However, an Owner who has delegated the right to
occupy the Unit to an Occupant or Occupants, whether by a lease or othemd e, does not have the
use and other easements rights in the Property during such delegated occupancy, except (i) as a
est of an Owner or Occupant, or (H) in connection with the inspection. of the Unit or recover
� y ,
of possession of the Unit pursuant to law.
MPLS -word 202180.3 29
SECTION 12
C o.MPLUN CIS AND IEMEDI]E
Each Owner and Occupant, and any other Person offing or acquinng any interest in tho
Property, shall be govern.od by and comply with tho provisions of MCIOA, the Governing
Documents, the Rules, and such amendments thereto as may be made from' time to time, and the
decisions of the .Association. A. failure to comply shall entitle the Association to the relief set
forth in this . Section, in addition to the rights and remedies authorized elsewhere by the
Governing Documents or MCIOA..
12,1. Entitlement . to Belief, 'Legal relief may be sought by the 'Association, at its
discretion, against any Owner, or by an owner against the .Association ' or another Owner, to
enforce compliance with the Gove'ning Documents, the Mules, MCIOA or the decisions of the
Association., However, no owner may withhold any Assessments payable to the Association,
nor take or omit other action M violation of the Governing Documents, the Rules or MCIOA., as
a pleasure to enforce such Owner's position, or for any other reason.
12.2. Remedies. In addition to any other remedies or sanctions, expressed or implied,
administrative or legal, the Association shall have the right, but not the obligation, �o implement
any one or more of the following actions against owners and occupants and/or their invitees,
who violate the provisions of the Governing Documents, the Rules or MCIDA. .
12.2.1. Cofnmence legal action for damages or equitable relief in any tout t of
competent jun"sdiction.
12.2.2. Impose late charges of up to the greater of twenty -five dollars, or fifteen
percent of the amount past due, for each past due Assessment or installment thereof, and
impose interest at the highest rate permitted by law accruing beginning on the first day of
the month after the Assessment or installment was. due.
12.2.3. In the event of default of more than thirty days in the payment of any
.Assessment or installment thereof, all remaining installmonts of Assessments assessed
against the Unit ownod by the defaulting Owner mad be accelerated and shall then be
payable in full if all delffiquent Assessments or installments thereof, together with all
attorneys' fees and other professional fees, costs and late Charges, are not paid in full,
nor to the effective ,date of the acceleration. Not less than ten days advance written
notice of the effective slate of the acceleration, shall be given to the defaulting owner,
12.2.4. Impose roason.able flues, penalties or - cha.rgos for each violation. of
MCIOA., the Governing Documents or the Rules.
12.2.5. Suspend the rights of any owner or ocicupant, or heir invitees, to use
any Comnonlerrien amenities; provided, that the suspension of use rights shall not
apply to Limited' Conramon Elements allocated to the Unit, and, those portions of the
Common, dements providing utilities service and access to the Unit, Such suspensions
shall be limited to periods of default by such Owners and Ocoupanfs in their obligation's
imder the Governing Documents, and for up to one year thereafter, for each violation.
MPLS -Word 2021$0.3 30
. 12.2.6.' Enter any Unit and restore any portions of the Cornrn.on Elernonts, Unit
or Units, or Limited-Conunon Elements used, damaged or altered., or allowed to be used,
damaged or altered, by any Owner or Occupant, or their invitees, in violation- of the
Governing Documents, and to assess the cost of such restoration against the responsible
Owners and their Units.
12.2.7. Enter any Unit, Common Elements or Limited Common Elements in
Which, or as to which, a violation or breach of the Governing Documents or the Rules
exists which materially affects, or is likely to materially affect, the health or safety of the
other Owners or Occupants, or their guests, -or the safety or soundness of any Unit or
other part of the Property or the propel' of the Owners or Occupants.. The .Association
may summarily abate, demolish and remove, at the expense. of the offending Owner or
Occupant, any structure, thing or condition in the Unit, Common Elements or Limited.
Common Elemonts which is causing the violation.; provided, that any Improvements
which are a part of a Unit may be altered, demolished or removed only pursuant to a
court order or with the agreement of the Owner.
1228. Foreclose any lion arising under the provisions of 'the Governing
Documents or under law, in the manner provided. by MCIOA. .
12.3. lei hts to Hearin , Before the imposition of any of the remedies author" zed by
Section 12.2.4, 12.2.5, 12.2.6 or 12.2.7, the Board shall, upon written request of the offender,
grant to the offender an opportnity for a fair and equitable hearing as contemplated by MC10,A..
The offender shall be given notice of the nature of the violation and the right to a hearing, and
ten days withm which to request a hearing, The hearing shall be scheduled by the ' Board. and
held within thirty days of receipt of the hearing request by the Board, and with at least ten days'
prior written notice, to the offender. If the offender fails to timely request a hearing or to appear
at the hearing, they the right to a heaning shall be waived and the Board may tale such action as
it deems appropriate. The decision of the board and the rules for the conduct of hearings
established by the Board shall be final and binding on all parties. The Board's decision shall be
delivered in writing to the offender within ten days following the hearing, if not delivered to the
offender at the hearing.
12.4. Lien for Char es 1enalties Etc. Any charges, fines, expenses, penalties, interest
or other impositions under this Section shall be a lien against the Unit of the Owner or Occupant
against whore the samo are imposed and- the personal obligation of such Owner in the same
wanner and with the same priority and effect as Assessments under Section 6. The lien sh al l
attach as of the date of linposition of the remedy, but shall not be final as to violations. for which
a hearing is held until the Board males a written decision at or following the hearing. All
remedies shall be cumulative, and the exercise of, or failure to exercise, any remedy shall not be
deemed a waiver of the Association's right to pursue any others,
12.5, Costs and Tees. with respect to any collection measures, or any moasures or
action, legal, administrative or otherwise, which the Association tales pursuant to the provisions
of MCIOA., Governing Documents or Rules, wbether or not. -nally deterrmned by a court or
arbitrator, the Association "may assess the Unit owned by the violator with any expanses incurred.
in connection with such.' enforcement, including without limitation . fines or charges previously
imposed by the Association., reasonable attorneys' fees, and other professional fees, costs and
MPLs -word 2021 80.3 31
interest (at the highest rate allowed by laver) on the delinquent amounts owed to the Association.
Such expenses shall also include any - collection or contingency fees or costs . charged to the
Association by a collection agency or other Person acfing on behalf of the Association in
colleoting any delinquent amounts owed to the Association by an Owner or Occupant. The
foregoing foes and costs shall be the personal obligation of the Owner of the Unit and shall be a
Mien against such Owner's Unit,
12.6. Liabili for Owner's and Occu ant's Acts. An Owner shall be liable for the
expense of any xna,intenance, repair or replacement of the Property rendered necessary by such
Owner's acts or omissions, or by- that of Occupants or invitees in the Owner's Unit, to the extent
that such expense is not covered by the proceeds of insurance carried by the Association or such
Owner or Occupant., However, any insurance deductible amount and/or inoroase in insurance
ratos, resulting from the Owner's acts or omissions inay be assessed against the Owner
responsible for the condition and against his or her Unit.
123. Enforcement by. Owners. The provisions of this Section shall not limit or impair
the independent rights of other Owners to enforce the provisions of the Governing Documents,
the Mules) and MC10A as provided therein,
12.8, Pre-lifi ation Requirement. Any litigation, administrative proceeding or other
legal action instituted or intervened in by or in the name of the Association, exclusive of (i) any
action to collect Assessments or foreclose Assessment liens, or (ii) to enforce the Goveming
Documents or the Rules, is subject to prior approval by the Owners of gaits to which are
allocated in excess of fifty percent of the total votes in the Association, The Owners' approval
shall be obtained at a meeting of the members of the Association' (not a vote, by mailed ballot)
and the Owners shall be. provided, prior to the meeting, with sufficient detailed information fairly
presenting the advantages and disadvantages of the proposed litigation upon which the Owners
can make an informed decision as to whether the litigation or other action is in the best interests
of the Association and its Members.
SECTION 13
• i
AMENDMENTS
e
13.1. proyal Requirements. Subject to the provisions of MCIOA and except for
amendments by a declarant pursuant to Section '16, this Declaration may be affiended with the
following approvals;
13.1.1. The Board.
13.1.2. Owners of Units to which are allocated at least sixty -seven percent of the
total votes in the Association, except as otherwiso required by MC10A,
13.1.3. The percentage of Eligible Mortgagees and Non - :Qualified Mortgagees
(based upon one vote per Unit financed) as and if required by Section 14.
MPLS -word 202180.3 32
13.1.4. A majority of the votes of Owners of Commercial Units as to any
amendment which materially or adversely affects the Commercial Units, the rights or
obligations related thereto, the Limited Common Elerneh.ts allocated, to the Comiiiercial
Units or the operation of the Commercial Units,
13.2, Procedures. Approval of the Owners may be obtained in Ming or at a meeting
of the Association duly hold in accordance with the Bylaws. Consents of Eligible Mortgagees or
other Mortgagees, if required, shall be in writing. The am ndment shall be effective when
recorded as provided in MCIaA.. An' affidavit by the President or Secretary of the Association
as to tho outcome of the vote, or the execution of the foregoing agreements or-consents, shall be
adequato evidence thereof for all purposes, including without limitation, the recording of the
amendment.
SECTION 14
PJGHTS OF MORTGAGEES
It is important that individual mortgage loans on the Units be available to Owners and
prospective Owners, and that, in order to enhance the availability of such financing, the
Govern ng
Documents contain qualification provisions that are acceptable to lenders, guarantors
and insurers of Unit loans, such as the Fedoral National Mortgage Association '(TNN A. "), the
Federal ITome Loan Moilgage Corporation ("FHLMC") and the Federal Housing .Administration
("FHA"). Accordingly, Mortgagees and Eligible Mortgagees shall have the rights and
protections set forth in this Section 13, which rights and protections shall control as against any
other provisions of the Governing Documents?
14.1. Eh ible Mo yagees. Eligible Mortgagees shall have the following rights and
protections:
14.1.1. Consent to Certain Amendments. The written consent of Eligible
Mortgagees representing at least fifty-ono percent of the Units that are subject to first
mortgages held by Eligible Mortgagees (based. upon one vote per Unit financed ) shall be
required for any amendment to the Governing Documents which causes any change in
provisions relating to the followhag: (i) voting rights; (ii) increases in Assessments over
twenfy -five percent; (iii) Assessment liens, or priority of Assessment liens;
(iv) reduction8 in reserves for maintenance, repair and replacement of Common
Elements; (v) responsibility for maintenance and repairs; (vi) reallocation of interests in
the Common Elements or Limited Common Elements, or rights to their use;
(vii) redefinition of any Unit boundaries; ' (viii) convertibility ' of Units into Common
Elements or vice versa; (ix) expansion or contraction of the Property or the addition,
annexation or withdrawal of property to ,or from the Property; (x) hazard or fidelity
insurance requirements; . (xi) imposition of restrictions on the leasing of Units;
(iii) imposition of any resat ction.s on an Owner's right to sell or transfer his or her Unit;
(Xiii) a decision by the Association (if the common interest community involves fifty or
more Units) to establish self management when professional management is In effect as
requir6d previously by the governing Documents or an Eligible Mortgagee;
(xiv) restoration or repair of the Property (after a hazard damage or partial condemnation)
iii a m=er other than that specified in the Governing Documents; (xv) any action. to
MPLS -word 2021 80.3 33
terminate the legal stat is of the common interest community after substantial destruction
or condemnation occurs; or - (xvi) any provisions that expressly benefit Eligible
Mortgagees, or insurers or guarantors of mortgages.
14.1.2. C onsent to Certain Actions. The written consent of Eligible Mortgagees
representing at least sixty -seven percent of the Units that are subject to first mortgages
held by Eligible Mortgagees (based upon one vote per Unit financed) shall be required to
(i) abandon or terminate the common interest community; (fi) change the allocations of
voting rights, Common Expense obligations or interests in the Common Elements;
(iii) partition or subdivide a Unit except as permitted by statute, (iv), abandon, partition,
subdivide, encumber or sell any Common. Elements; or (v) use hazard insiLrance proceeds
for other than the repair, replacement or reconstruction of the Property, except as
otherwise provided by law..
14.13. Consent to S ibdiyision, No Unit may be partitioned or subdivided
without the prior written approval of the Owner and Eligible Mortgagee thereof, and the
Association..
14.1.4. No Right' of First Refusal, The right of an Owner to sell, transfer or
otherwise'convcy his or her Unit shall not be subject to any right of first refusal or similar
restrictions.
14.1.5. Pri ari of f,ien. Any Person who comes into possession of a Ur�t by
foreclosure of the first mortgage on a Unit, or by deed or assignment' in lieu. of
foreclosure of the first mortgage on a Unit, tapes the Unit free of any claims for unpaid
Assessments or any other charges or liens imposed against the Unit by the Association
which have accrued against such Unit prior to the acquisition of possession of the Unit by.
said Person; (i) except as provided in Section 6.9 or MCIOA and (ii) except that any
un eimbursed Assessments or charges may be reallocated among all Units in accordance
with their interests in the Common Elements.
14. I.6, Prior of Taxes and Other Char cs..A.11 taxes, Assessments and charges
which may become liens prior to the first mo rtgage under state law shall relate only to the
individual Units and not to the Property as a whole.
14,1.7, Priority for Condemnation A- �rards. No provision of the Governing
Docuxu.ents shall give an Owner, or any other party, priority over any rights of the
Eligible Mortgagee of the Unit pursuant to its mortgage in the case of a distribution to
such Owner of insurance proceeds or condemnation awards for losses to or a taking of
the Unit and/or the Common Elements. The Association shall give written notice tb all
Eligible Mortgagees of any condemnation or eminent domain prooeeding. affecting the
Property promptly upon. rcceipt of notice from the condemning authority.
14.1.8. Re xirament for Management Au-eembnts. The term of any agreement
for professional rnanagem nt of the Proper shall not exceed two years. Any such
agreement shall provide for termination without penalty or termination fee by either party
as follows: (i) with cause, upon a n�ni.mum of thirty days prior written notice, and,
(ix) without cause, irpori ninety days prior written notice,
MPLs -word 2021 84.3 34
14,1,9. Access to Boobs and RecordslAudit. Eligible Mortgagees shall have the
right to examine the • books and records of the- Association upon reasonable notice and
during normal business hours, and to receive free of charge, upon w.ittern request, copies
of the Association's annual reports and other financial statements. Financial statements,
including those which are audited, shall be available within one hundred twenty days*
after the end of the Association's fisoaf year. If the common interest comet' unity consists
of fewer than R4 Units, FNMA, or any institutional. guarantor or insurer of a mortgage
loan against a unit, may require that, at its own expense, an audit of the Association's
financial statements be made for the preceding year, in which case the Association shall
cooperate in having are audit made and a copy given to the requesting party: If the
• common interest community consists of fifty or more Units, the Association shall provide
the requested audit at its expense.
14.1.10. Notice Requirements. Eligible Mortgagoes shall be entitled to timely
written notice of;
14.1.10.1, a condemnation loss or any casualty loss which affects a
material portion of the Property or the Unit securing the mortgage;
14.1.10.2, a sixty day delinquency in the payment of Assessments or
charges aged by the Owner of a Unit on which it holds a mortgage;
14.1.103, a lapse, cancellation or material' modification of any
insurance policy maintained by the Association; and
14.1.10.4. a proposed action which requires the consent of a specified
percentage of Eligible Mortgagee,
14.2. Rights of Non - Qualified Mort a ces. Notwitbstanding anything to the contrary
in this Declaration, Mortgagees that have not qualified for status as Eligible Mortgagees as
defused in Section 1.12 (a "Non-Qualified Mortgagee ") shall have • the following rights and
protections in lieu of the rights and protections provided to Eligible Mortgagees:
14.11. Consent to Certain. Amendments and Actions. In addition to any
additional requirements imposed by this Declaration or by law, the consent of Non-
Qualified Mortgagees representing at least fifty-one perce-ftt of the votes allocated to
Units that are subject to first mortgages held by Non-Qualified Mortgagees (based upon
one vote per 'nit financed) shall be required for (i) any amendment to this .Declaration or
other Governing Documents of a matorial adverse nature to Ikon- Qualified Mortgagees;
and (ii) any action to terminate the common interest community after substantial
destruction or cond.ernnation. occurs. A. Non. - Qualified Mortgagee shall .be deemed to
consent to and approve of any such amendment or action in the event the No n- Qualified
Mortgagee fails to submit a. written obgrection to the Association within sixty (60) days
after it receives notice of the same, by registered or eertifed mail, with a retim receipt
requested.
- t
. i
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s
i
14.2.2. No Limitations on Sale /Right. of First Refusal. The right of a
lion- Qualified Mortgagee to foreclose or accept a deed in lieu. of foreclosure on a Unit, or
to sell, lease, transfer or otherwise convey a Unit which it acquires by foreclosure or deed
in lieu of foreclosure, shall not be subject to any right of first. refusal or similar
restrictions,
14.2.3. Priority of .lien. Any Non - Qualified Mortgagee that comes ' into
possession of a V.nit by foreclosure of its first mortgage on a Unit, or by deed or
assignment in lieu of foreclosure of the first mortgage on the Unit, takes the Unit free of
any claims for unpaid Assessments or any other charges or bens imposed against tho Unit
by the Association which have accrued against such Unit prior to the acquisitio-n of
possession of the Unit by the Non -- Qualified Mortgagee, (1) except as provided in
Section 515B.3-116 of MCIOA. or Section 6.9, (h) except that the Non-Qualified
Mortgagee will be liable for any fees or costs of collection of the unpaid Assessments if
the Associations lien priority includes such fees and costs, and (iii) except that any
unreirnbursed Assessments or charges may be reallocated among all Units in accordance
with their'allocated interests in the common interest community.
14.2.4.. Priority of Taxes and dither Charge, All taxes, assessments and charges
which. may b ecome liens prior to the first mortgage under state law shall relate only to the
individual Units and not to the common interest community as a whaler
14.2.5. Priority for insurance /Condemnation Proceeds. No provision of this
Declaration or other Governing Documents shall give im downer, or any other party,
priority over any rights of the Non - Qualified Mortgagee of the Unit pwsuant to its
mortgage in the case of a distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Unit and/or the Common Elements.
The Association shall give written notice to all Non-Qualified Mortgagees of any
condemnation or eminent domain proceeding affecting tho common interest community,
promptly upon reedipt of notice from the condemning authority.
14.2.6. Notice Requirements. Non - Qualified Mortgagees shall be entitled to
timely written notice of:
14.2.6.1. a condemnation loss or any casualty loss which affects a material
portion of the common interest community or the Unit securing the mortgagq;
14.2,6,2., a sixty -day delinquency in the payment of Assessments or
charges owed by the Owner of a Unit on which it holds a mortgage;
14.2.6.3. �i lapse, cancellation or material modification of any insurance
policy maintained by the Association; and .
14.2.6.4. a proposed action which requires the consent of a specified
percentage of Non-Qualified Mortg4gees pursuant to Section 13,2.
14.23. Any institutional insurer or guarantor of a mortgage on a Unit shall also
be entitled to notice of the foregoing events or actions.
MPLS -word 2021 80,3 36
i
SECTION I
RIGHT TO SUBDWME OR COMBINE UNITS
Owners shO have the 7 "ght to create additional Units by the subdivision of any Uhit
owned by them, or to combine two or raore Units owned by them into a lesser number of `'nits,
in accordance with Section 515B.2.-112 of MCIOA 41
SECTION 16
MISCELLANEOUS
16.1. 5everabiiity. If any terin, covenant, or provision of this instriunent or any exhibit
attached hereto is held to be invalid or unenforceable for any reason whatsoever, such
determination shad, not be deemed to alter, affect or impair in any manner whatsoever any other
portion of this Declaration or exhibits attached hereto.
16.2. Constraction. where applicable, the mascWine gender of any word used herein
shall mean the femm' m' e or neutral gender, or price versa, and the singalar of any word used
hetem shall memo the plural, or vice versa. References to MC10A, or any section thereof, shall
be deemed to include any statutes amending or replacing MC10A, and the comparable sections
thereof. Any amendment to MCIOA shall retroactively apply to the Association and the
Property, except as expressly prohibited or qualzfed by the Governing Doements.
. 163, . Notices. Unless specifically provided otherwise in the. Governing Documents or
MC10A, all notices required to be given by or to tiie Association, the Board, the Association
officers, or the � Owners or. Occupants shall be in writing and shall bo effective upon hand
delivery, or mailing if properly addressed with postage prepaid and deposited in the United
States mail; except Xssor,' that registrations ul ations pu s -Gant to Section � 2 of the Bylaws s shall be effective
e
itpon receipt by the i ation.
16,x, Coi.flicts Among. poguments. In the event of any conflict among the provisions
of MOIOA,. this Declaration, fhe Bylaws and the 'Rules, MCIOA shall control unless it permits
the documents to control. As among this Declaration, the Bylaws and the Rules, this Declaration
shall control, and as between the Bylaws and the Rules, the Bylaws shall control.
16.5. Doxation of Covenants. The covenant, conditions, restrictions, easements, liens
and charges contained in this Declaration shall be perpet ml., subject only to termination as
provided in this Declaration and MCIOA.
IN WITNESS W' .H REOF, the Association, with the unanimous oonsent of the Owners,
has approved this Declaration; effective as of the date of recording, all in accordance with the
requirements of the Original Declaration and MC10A.
THE BLUFFS OF ELK RIVER
CONDOMINIUM OYATIO
By•
i
WLS -WGrd 2021$0,3 37
STATE OF MINNESOTA
ss.
COUNT'S
'flee foregoing instument was acknowledged before me this . 1-1\ day of !?....�_d...
2408,' by 1-� tf �A the President of
The Bluffs of Elk River Condominium Associtio�, ra n iota nonprofit corporation, on behalf
of the corporation,
Noiii y « llc i J SjdA 1. KYLLO
Note Public
TFU 'STR�.]�IV ENT WAS D AFTED BY; �
..,r f��nneaata
FELHABER, LARSON, FENLON & VOGT, P,A, (DBE)
M ornm1�� o lea Janus 2.
220 South Sixth Street, Smite 2200
Minneapolis, Minnesota 55402
Phone: (612) 339-6321
MPLS -word 202180.3 38
AFFIDAVIT OF SECRE TA Y
STATE OF S OTA }
COUNTY OFaea-g c..�
The undersigned, Secretary of The Bluffs of ilk River Condominium Association, a
Minncsota nonprofit corporation, being first duly sWom on oath, hereby swears and certifies that
the Amended and Restated Declaration of The Bluffs of Elk River Condorm'nft (the
"Declaration") attached hereto has been duly approved by a. gate o:Cthe Board, and by unanimous
consent of the Owners of Units, in compliance With the requirements of the Original Declaration.
and MC10A. .
President .
STATE OF MINNESOTA
COUNTY OF
� ss.
Subscribed and sworn to before me this day of -j\ o 2008, by
LP- 6=-c— P !2 L.W;� the Secretary of The Bluffs of Elk River Condominium
.Association, a Minnesota' nonprofit corporation, on behalf of aid corporation.
Notary Pub 4c_
r- ,� JESSICA L KYLLO
X htot ry Public
Minnesota
M Commission 50res ianuar+ n 2 m
THIS INSTRUMT, T WAS DRAFTED BY:
.l. EL.HABER, LAR.SON, FENLON & VOGT, P.A. (DBE)
220 South Sixth Street, Suite 2200
Minneapolis, Minnesota 55402
Phone: (612) 339 -6321
MPLS -Word 202180,3
COMMON.INTERE4 ST COMMUNITY NO, 61
THE BLUFFS OF ELK RIVER CONDOMINIUM
EXHIBIT A TO AM E, NDED AND RES'T'ATED DECLARATION
ALLOCATION OF VOTING RIGHTS, COMMON EXPENSES
AND UNDIVILDED INTERESTS
Percentage
Percentage
Unit Ilia.
interest
Unit No.
Interest
101
1.44%
308
1,52%
102
1.04%
309
1.25%.
103
1.04%
314
1.52%
104
1.04%
311
1.25%
-105
1.04%
312
1.52%
106
1.04%
313
1.25%
107
1.23%
314
1.52%
201
4.94%
315
1.25%
202
0.94%
316
1.38%
203
1.38%
317
1.67/0
244
1.39%
318
1.23%
205
1.25°/0
319
1.40%
206
. 1.23 %
320
1,03%
- 207
1,25%
401
0,94%
208
1,52%
402
0.94%
209
1,25%
403
1.38%
210
1.52%
404
1.39%
211
1.25%
405
1.22%
212
1.52%
406
1.14%
213
1.���
407
1.22%
214
1,52%
408
1,43%
215
1,25%
409
1.22%
' 216
1.38%
410
1.43%
217
1.66%
411
1.22/¢
218
1.23%
412
1.4j%
219
1.40%
413
1.22%
220
1.03%
414
1.43%
301
0,94%
415
1.220/a
' 302
0.94%
416
1.43%
303
1.38%
417
1,66%
344
1.39%
418
1.14%
305
1,25%
419
1.40% '
306
1,23%
420
1.03%
307
1.25%
Cl
12.66%
C2
2.05%
TOTAL
100.00/0
MPLS -Word 202180.3
COMMON INTERE ST COMMUNITY NO. 61
THE BLUFFS OF ELK RIVER CONDOMINIUM
EXHIBIT B TO AME DED AND RESTATED DECLARATION
DRAWING OF PLAZA AREA
(TO BE INSERTED)
MPLS -lard 2021803
��TIT�y
AFFIDAVIT of SECRETARY
STATE of NU SOTA )
COUNTY 0&&A&MZ--,j
The undersl ed, Secretary of The Bluffs of Elk River Condominium Association, a
Minnesota nonprofit corporation, being first duly sworn on oath, hereby swears and certifies,
pursuant to the applicable provisions of thQ .Declaration and the Act, that this 'instrument has been
duly approved by unanimous written approval of the unit owners of tbe. Association, in
accordance with the 'requirements of Minnesota Statutes Chapter 515E and the Declaration,
mated; t
Secretary, The Bluffs of Elk River Condominium Association
13AR13ARA-A6 WALLIN
STATE OF MINNESOTA � NOTMY PUEJU6M1NNMQfA
COUNTY 0
Subscribed and sworn to before me this day of 4:1-*
.. I , the Secretary of The � l iffs of Elk River
200L by
Condominium Association, a Minnesota nonprofit corporation, on behalf of said entity.
t
Notary Public
MPLs -Word 2021 84.3
THE' BLUFFS of E LK RIVER CONDOMINIUM ASSOCIATION
AMENDED AND RESTATED BYLAWS -
SECTION i
GENERAL
The following are the Amended and Restated Bylaws (the "Bylaws") of The Bluffs of
Elk River Condominium Association, a Minnesota nonprofit corporation (the.,"Association!').
The Association is organized pursuant to Minnesota Statutes Chapter 31'7A, and Section 515B.3w
101 of the Minnesota. Con mon Interest ownership Act (the "Act"), for the purpose of operating
and managing The Bluffs of Elk -River Condominium, a condominium created. pursuant .to the
Act. ' The terms used in these Bylaws shall have the same meaning as they have in the
Declaration of The Bluffs of Ells River Condominium (the "Deelaration ") and the Act.
References to Section numbers shall refer to sections of those Bylaws, unless expressly otherwise
indicated.
SECTION 2
MEMBERSHIP
11 Owners Defined. All persons described as owners in Section 4 of the Declaration
shall be Members. No Person- shall be a Member solely by reason of holding a security .interest
in a Unit. A Berson shall cease to be a Member at such time as that person is no longer an
Owner.
2.2 T .e stration _ of owners and occLipan�ts. An owner shall register with the
Secretary of the Association, in Ming, (i) the name and address of the owners and any
Occupants of the Unit; (ii) the nature of such owner's interest or estate in each Unit owned;
(iii) the address at which the Owner desires to receive notice of any meeting of the Owners, if
other than the Unit address; (iv) the name and address of any Mortgagee with respect to the Unit;
and _(v) the name of the owner entitled to cast the vote allocated to the Owner's Unit. Each
Owner shall have a continuing obligation to advise the Association in wil"ting of any changes in
the foregoing information.
23 Transfers. The interests, xlghts and obligations of an owner in the Association
may be assigned, pledged} encumbered or transferred, but only along with and as a part of the
title to the Owner's Unit or as othem'se specifically authorized by the Governing Documents or
by law.
SECTION 3
VOTING
1I Entitlement. votes shall be allocated to each Unit as provided in the Declaration.
However, no vote shall be exercised as to a Unit while the Unit is owned by the .Associati.on.
MPLS -word 202367.2
3.2 Authotitv to Cast vote. At any meeting of the Owners, an Owner included on the I
voting register presented by the Secretary in accordance with Section 4.6, or the holder of such
Owner's proxy, shall be entitled to cast the vote which is allocated to the Unit owned by the
Owner. If there is more than one Owner of a Unit, only one of the Owners may cast the vote. If
the owners of a Unit fail to agree as to who shall cast the vote, or fail to register pursuant to {
Section. 2.2, the vote shall not be cast.
i
.I
3.3 Voting by Proxy, An Owner may cast the vote which is allocated to the Owner's
Unit and be counted as present at any meet* g of the Owners by executing a written proxy
naming nother erson. entitled to act on that Owner's behalf, and delivering the same to the
g p g
Secretary before. the commencement of my such meeting. All proxies granted by an Owner 'shall
be effective until the rarliest of the following events: (i) revocation by the granting Owner by
written notice or , by personally attending and voting at the meet' g far which the proxy is
` specified in. the proxy, i an ■ or (niii) the time at which the e�'cctive, ���) �.e date specx ed p y, f yy granting owner
is no longer an Owner,
3
3.4 Voting by written Ballot. The entire vote on any issue, except the election or
removal of directors, may be determined by written ballots mailed to the. Owners along with a
notice of the vote, subject to the following requirements.
3.4.1 The notice of the vote shall: (x) clearly state the proposed action;
(ii) indicate the number of responses needed to meet the quorum requirements; (iii) state s
the percentage of approvals n.eoessary to approve each matter other than election of
directors; .
and (iv) specify the time by which a ballot must be received by the Association'
in order to be counted.
3.4,2 The ballot shall: (i) set forth each proposed action, and (ii) provide an
opportunity to vote for or against each proposed action.
3.4.3 The Board shall set the time for the return of ballots, which shall not be
less than fifteen nor more than forty -five days after the date of maibg of the ballots to
the owners. The Board shall provide notice of the results of the vote to the Owners
within teii days after the expiration of the voting period,
3,4,4 Approval by written ballot under this Section is valid only if ('I*) the
number of votes cast by ballot equals or exceeds the quorum required to be present at .a
ruin the action and (ii) the number of a roval votes e uals or exceeds tnee-�ng autho g pp q ,
the number of votes that would be required to approve the matter at a Meeting at which
3
the total number of votes Gast was the same as the number of votes cast by ballot,
3.5 vote Rewired. A majority of the votes cast at any properly constituted meeting
of the Owners, or cast by written ballot in accordance with Section 3.4, shall decide all matters
a different vote or voting Procedure is
. properly brought before the Owners, except whore g p
required by the Govemi.ng Documents or the Act. Unless otherwise expressly indicated, the term �
gJority as used herein shall mean in excess of fifty percent of the votes cast by the owners
voting in accordance with the voting procedures set forth in Section 3 and the allocation of
voting power set forth in the- Declaration, Cumulative voting shall not be permitted.
v gp �
1
MPLS -Word 202367.2 2
SECTION 4
MEETINGS of OWNERS
4.1 Place, All meetings of the Oirn.ers shall be held at the office of the Association or
at such ether place in the state of Minnesota reasonably accessible to the Owners as may be
designated by the Board in any notice of a meeting of the Owners.
4.2 Annual Meetin s. An annual mee6g of the Owners shall be held in each fiscal
year on* a date, and at a reasonable time and place, desi.gnatea by the Board. At each annual
meeting of the Owners, (i) the persons who are to constitute the .hoard shall be elected pursuant
to Section 6; (fi)'a report shall be made to the Owners on the activities and financial condition of
the Association; and (iii). any other matter which is included in the notice of the annual meeting,
and is. a proper subject for decision by the downers, shall be considered and acted upon at the
meeting.
4.3 _ pedal Meeiin s. Special meetings of the .Owners may be called by the President
as a matter of discretion. Special meetings of the Owners shall be called by the. President or
Secretary within thirty days followffig receipt of the written request of a majority of the members
of the Board or of Owners entitled to oast at least twenty-five . percent of all the votes M the
Association. The meeting shall be held within sixty days following receipt of tho request. The
request shall state the purpose of the meeting, and the business transacted -at the meeting; shall be
confined to the purposes stated in the notice. The purpose for which the meeting is requested
and held must belawful, and consistent with the Association's purposes and authority under the
Governing Documents.
4.4 Notice of Meetin s. Not less than twenty -one nor more than thirty days in
advance of any annual meeting of the Owners, and at least seven, but no more Haan thirty, days in
advance of any special meeting of the Owners, the Secretary shall send, to all Persons who are
Owners as of the date of sending the notice, notice of the true, place and agenda of the meeting.
The notice shall be sent by United States mail, or by hand delivery, at the Owner's Unit address
or to such other address. as the Owner may have designated in writing to the Secretary. The
n.otice shall also be sent to the Mortgagee with respect to a Unit, upon requests at the address
Provided by the Mortgagee. Any Mortgagee shall, upon request, be entitled to designate a
representative to be present at any meeting,
4.5 o un l di oumment. The presence of Owners in person or by proxy, who have
the authority to cast in excess of forty percent of all the votes in the Association shall be
necessary to constitute a quorum at all meetings of the Owners for the transaction of any
business, except that of adjourning the meeting to reconvene at a subsequent time. The
Association may not. be counted in determining a quorum as to any Unit owned by tho .
.Association. Any meeting may be adjourned from time to time,, but until, no longer than fifteen
y .
days later, without notice other than. announcement at .the meeting as initially called. If a quorum
is present at the reconvened meeting, any business may be transacted which might have been
transacted at the meeting as initially called had a quorum then been present. A quorum., having
once- beon established at a meeting or a reconvened meeting, shall continue to exist for that
meeting notwitlistandffig the departure of any Owner who was present when the quorum was
established.
MPLS -word 202367.2
4.6 Voting Rg aster. The Secretary shall have available at the meeting a list of the
Unit numbers, the names of the Owners, the vote attributable to each Unit and the name of the
person. (in the case of multiple Owners) authorized to cast the vote.
4,7 A enda. The agenda for meetings of the Owners shah b6 established by the
Board, consistent with the Governing Documents, and shall be sent to all Owners along with the
notice of the meeting.
SECTION 5
ANNUAL REPORT
The Board shall prepare an annual report, a copy of which shall be provided to each
Owner at or prior to the annual meeting. The report shall contain, at a minimum:
5.1 Ca ital Expenditures, , A statement of any capital expondltures in excess of two
peroent of the Association's current budget or fiire thousand dollars, whichever is greater,
approved by the Association for the c -arrent. year or succeeding two fiscal Fears.
5.2 Reserve Funds. A. statement of the balance in any reserve or replacement fund.
53 Financial Statements. A copy of the statement of revenues and expenses for the
Assoclr'�. tion' S last fscal year, and a balance sheet as of the end of said seal year.
5A Liti atian and Judgments. A statement of the stags of any pending litigation. or .
judgments to which the .Association: is a party.
5.5. Insurance. A detailed description of the insurance coverage. provided by the
Association, M". a statement as to which, if any, of the items referred to in
Section 515B.3- 113(b) of tie Act are covered.
S. Status of Assessments, A. statement of the total past due Assessments on all
units current as of not more than sixty days prior to the date of the meeting.
SECTION 6
BOARD of DIRECTORS
6.1 Number and Qualifigation. • The affairs of the Assooiation shall be governed by a
Board of • Direotors (the "Board "), The Board shall be composed of fire directors and consist of
two classes of directors. One suet class shall consist of three directors who shall be elected by
the Owners of the Residential Units (the "Residenti.al-Directors ") and the other class shall consist
of two directors who shall be elected by the owners of the Commercial Units (the "Commercial
Directors"). Each of the directors shall have the same rights and obligations, except as otherwise
provided by the Goveming Documents. A. majority of the directors shall be Owners, or officers
or employees of an Owner that is a legal entity rather than a natural- person. No two directors
may be Owners of the same Unit, or affiliates of the same owner if the Owner is other than a
natural person.
CGS -word 2023 67.2 4
6.2 Term of Office and Election. The election and terms of office of the members of
the Board shall be as follows;
6.2.1 The first terms of office of the Residential. Directors shall be one year for
one of the directors and two years for two of the directors. The first terms of office of the
Commercial Directors shall be shall be one year for one of the directors and two years for
the other director. Each term of office thereafter shall be two years and shall exp. re upon
the election of a successor director at the appropriate annual meeting of the Owners;
provided, that a directof shall continue in office until a successor is elected.
6.22 Prior to each annual meeting, the Owners of Units in each class shall
nominate, from such class, a number of nominees sufficient to fill the expiring terms of
directors frorn that Unit class, or such greater number of -nominees as said Owners deem
appropriate. Owners entitled to cast votes nnust cast their votes for a sufficient number of
nominees from. each Unit class to fill the open director positions, and may vote for
Commercial Directors and Residential Directors without regard. to Unit class. A number
of nominees -equal to the number of open director positions, and receiving the greatest
numbers of votes, shall be. elected, notwithstanding that one or more of them dons not
receive a majority of the votes cast; provided, that only nominees from the Residential
Unit class may fill the open Residential Director. positions and only nominees from the
Commercial Unit class may fill the open Connmercial Director positions. At the first
election, unless otherwise unanimously agreed by the elected directors,, the .nominee or
nominees receiving the greatest numbers of votes shall fill the longer terxhs. A director
appointed- or elected to fill are uncompleted term shall serve until the natural termination
of that term., unless removed in accordance with these Bylaws. There i's no cumulative
voting for directors. ,
6.3 No�.n.ations. Nominations for election to the Board at each Dual meetin may
be mado by the Board, a nominating committee, appointed by the Board or an Owner.' If
appointed, the dominating co7minittee shall consist of at least one Board member, one Owner of a
Commercial Unit and one Owner of a Residential Unit, and shall establish fair and reasonable
Procedures for the submission of nominations. The nominations shall include a sufficient
number of nominees from among the Owners of Commercial Units and the Owners of
Residential Units to fill the classes of directors described in Section 6.1; -All noninations shall
be consistent with the requirements of this Section 6, and shall be made only with the consent'of
the nominee.
' t
6.4 Powers. The Board shall have all powers necessary for the adn- inistration of the
affairs of the Association., and shall exercise for the Association all powers and authority vested
in or delegated to the Association (and not expressly prohibited or reserved to the Owners) by
law or by the Goveming Documents, The powers of the. Board shall include, without limitation,
the power to: .
6.x.1 adopt, amend and revolve Rules not inconsistent with the Governing
Documents, as follows: (i) regulating the use of the Con mdn Elements and the Limited
Common Elements & (ii)- regulating the use of the Units, and the conduct of Owners and
Occupants, which may jeopardize the health, safety or welfare of other Owners and
Occupants, which involves noise or other disWrbxng activity, or -which may damage the
WLS-Word 202367.2 5
1
S
Common Elements, Limited Common Elom' ents or other 'nits; (iii) regulating or
prohibiting animals; (iv) regulating changes in the appearance of the Common Elements 1
or Limited Common Elements and conduct which may damage the Property;
(v)regulating the exterior appearance of the . property, including, for example, decks,
patios, signs (subject to: Section. 7.8 of the Declaration.), and other displays visible from
outside the Unit; (vi) implementing the Governing Documents, • and exercising the powers
granted by this Section; and (vii) otherwise facilitating the operation of the Property;
6.4.2 ~ adopt and amend budgets for revenues, expenditures and reserves, levy
and collect. Assessments (subject to Section 6 of the Declaration),' and foreclose ,
Assessment liens incidental to its collection efforts;
. i
6.4.3 hire and discharge managing agents and othor employees, agents and
independent contractors-,
6.4.4 subject to the limitations set forth in the Declaration, itstitute, defend or
intervene in litigation or administrative proceedings (i) in its own natne on behalf of itsolf
or two or more Owners on matters affecting the Common Elements or other " matters
• affecting the Property ,or the Association, or (R) with time consent of the Owners of the
affected Units on matters affecting only those Units; �
�
6.4.5 make contracts and incur liabilities;
6.4.6 regulate the use, maintenance, repair, replacement and modification of the
Common Elements, Limited Common Elements and the lJnits;
6.43 cause improvements to be made as a part of the Common Elements;
6.4.8 acquire, hold, enctu ber and convey in its own name any right, title or
interest to real estate or. personal property, subject to the requirements of the Act for the
conveyance or encumbrance of the Common Elements,
• 6.4.9 grant casements, leases and licenses through, over and under the Common
Elements fox public and 'rivate roadways, utilities and other public purposes, and for
a l'
public and prl.vate cable, Internet, satellite and other electronic communications systems,
and to grant other easements, leases and licenses through, over or under the Common.
Elements if (i) expressly authorized by the Declaration or (iii approved by a vote of the
owners other than a declarant or its affiliates; t
fees or charges for services provided to -
6.4.1 o impose and receive any payments, g p �
Owners;
6.4,1 i* impose charges for late payment of Assessments and, after notice and an
p g
opportunity to be heard, levy reasonable fines for violations of the Goveming
Documents, the rules or the Act; �
MPLS -Word 202367,2 6
6.4.12 borrow money, and encumber or pledge the assets of the Association as
security therefor; provided, that any borrowings in any twelve month period which
exceed, in aggregate, twenty percent of the Association's then current annual budget,'
shall require approval by a vote of the Owners other than Declar t;
6.4.13 impose reasonable charges for the review, - preparation and recording of
amendments to the Governing Domments, resale disclosure certificates required by
Section 515B.4 -107 of the Act, statements of unpaid. Assessments, or furnishing copies of
Association records;
6.4.14 provide for the indemnification of its officers, directors and committee
members, and maintain directors' and officers' liability insurance;
6.4.15 Provide for reasonable procedures governing the conduct of meetings and
the election of directors;
6.4.1 6 appoint} regulate and dissolve committees; and
6.4.17 exercise any other powers conferred by law or the Governing Documents,
or which are necessary and proper for the governance of the Association.
N eetin s and Notices, A:6 annual meeting of the Board shall be held promptly
'following each annual meeting of the Owners. At each annual meeting of the Board., the officers
of the Association shall be elected.
6.5.1 Regular meetings of the Board shall be held at least on a •quarterly basis, at
such times as may be fixed froin time to time by a majority of the directors. A schedule,
or any amended schedule, of the regular meetings shall be provided to the directors, and
posted or published fog the information of Owners, to the extent required. by
Section 6.5.5.
6.5.E Special meetings of the Board shall be held when called (l*) by the
President, or 01) by the Secretary within ten days following the written request of a
majority of the. directors. Notice of any special meeting shall be given to each director
not less than three days in advance thereof, subject to Section 6.5.e. Notice to a director
shall be deemed to be given when deposited in the United States mail postage prepaid to
the Unit address-of such director, or when personally delivered, orally or in writing, by a
representative of the Board.
6.5.3 Any director may at any time waive notice of any meeting of the Board
orally, in writing, or by attendance at the meeting. if all the directors are present at a
meeting of the Board, no notice shall be required, and any business may be transacted at
such meeting.
6,5.4 A conference among dire+ctbrs by a n*eans of communication through.
which all directors can. simultaneously' hear each. other durhig the . conferenee is a Board
meeting, if (1*) the same notice is given for the conference as would be required for a
meeting, and (u) the number of directors participating in the conference is a quorum.
participation in a meeting by this means is personal presence at the meeting.
MPLS -'fiord 202367.2 7
6.5.5 Except as otherwise provided in this Section or by law, meetings of the
Board must be open to -the Owners, To the extent practicable, the Board shall give
reasonable notice to the Owners of the date, time, and place of a Board meeting. If the
date, time and place of meetings vxe provided for in the GovemYng Documents,
announced. at a previous meeting of the Bond, posted in a location accessiblo to the
Owners and designated by the Board from timo to time, or if an emergency requires
immediate consideration of a matter by the Board, notice is not required. "Notice" has
the meaning given in Section 11,1. Notwithstanding the foregoing, meetings may be
closed at the discretion of the Board to discuss the following:
6, 5 ,5 , I personnel matters;
6.5.5.2 pending or potential litigation, arbitration or other potentially
adversarial proceedings. between Owners, between. the Board. or 'the Association
and Owners, or other. matters in which any Owner may have an adversarial
interest, if the Board determines that closing the meeting is necessary to discuss
strategy or to otherwise protect the position of the Board or association or the
p�vacy of are Owner or Occupant; or ,
6.5.5.3 criminal activity arising within the common interest commu.n *ty
if the Board deteinines that closing the meeting is necessary to protect the
privacy of the victim or that opening the meeting would jeopardizo investigation
of the activity.
The mutes of and the documentation discussed or submitted at such closed meeting
may be kept confidential and need not be made available for review or copying pursuant
to Section S, 5. Nothing in this Section imposes a duty on the .hoard to provide special
facilities for m.eetin.gs. The failure to give notice as required by this Section shall not
invalidate the Board meeting or any action taken at the meeting, but shall not impair the
Owners' rights to exercise ether remedies against the directors.
6.6 Quorum. and Vot n,g. A majority of the directors constitutes a quorum for the
transaction of business at any meeting of the Board, A quorum, once established., continues to
exist, regardless of the subsequent departure of any director. Each director hag one vote, The
vote of a majority of the directors �rcscnt at any meeting at which a quorum is present is
sufficient to adopt any action. Proxies are not permitted.
6.7 ^Action. Taken without a Meeting, The Board shall have the right to tae any
action in the absence of a meeting which it could take at a meeting when authorized in a writing
signed b all. the directors; provided, that a copy of the proposed. written action. is given. to all
� y
directors for review prior to its signing.
6.8 Va-ccies. A. vacancy on the Board due to resignation, or death or sorn.e- other
mvolu-nt ' event which renders a director physically or mentally unable to serve, shall be filled
by a person elected within thirty days following the occurrence of the vacancy by a majority voto
of the rcmahaing directors, regardless of their number. The vacancy must be filled such that the
representation for each class of erectors, as described. in Section 6,19 is preserved. each person
so elected shall serge out the tern. vacated.
MPLS -word 202367.2
6, 9 Removal. A director may be removed from the Board, with or without cause, by
a majority vote at any annual or special meeting of the Owners; provided, (i) that the notice of
the meeting 'at which removal is to be considered states such purpose; (ii) that the director to be ;
removed has a right to be heard at the meeting; (iii) that a new director is elected at the meeting �
by the Owners to fill the vacant position caused by the removal; and (iv) that the vote include a
mad ority of the votes cast by Owners in the class from which the director was elected. A director
may also be removed by the Board if such director (i) has more than two unexcused absences '
from Board rneetings and/or Owne rs me et mgs durOng an y twelve month period, or ( ) is more
�
than sixty days past due with respect to the payment of Assessments levied against the director's
Unit. vacancies created by removal under this Section shall be filled such that the representation
l 'rectors as described in Section 6.1 is reserved, �
for each class of d� _ p I
6.10 Co ensati.on. Except as authorized by a vote of the Owners at a meeting
thereof, the d%roctors shall receive no compensation for their services in such capacity. Directors
may be reimbursed for out-of-pocket expenses xn.currcd in the performance of their duties. A
director or-an entity in which the director has an interest nay, upon approval by the Board, be
reasonably compensated under a contract for goods and services furnished to the Association M a
capacity other than as a dhector; provided (i) that the contract is approved by a majority vote of,
the Board, excluding the interested director, and (ii) that the director's interest is disclosed to the
B o and prior to approval.
6.11 Fidelity Bdnd.. Fidelity bonds or insurance coverage for unlawfixl taping of
Association funds shall be obtained and maintained as provided in the Declaration on all
directors and officers authorized to handle the Association's funds or other monetary assets.
6.12 Standards of Conduct. In the spirit of fairness, it is the duty of each member of
the Board to -represent the entire Bluffs of Elk River Condominium community for the good of
the community as a whole. Accordingly, each Board director shall discharge the duties of the
position of director in good faith, in a manner that the director reasonably believes to be in the
best interests of the .Association as a whole, and 'with the care an ordinarily prudent person in a
life position would exercise under similar circumstances.
SECTION '7
OFFICERS .
7.1 Nnoipal Officers. The principal officers of the Association shall be a President, �
a vice President, a Secretary and a Treasurer, all of whom shall be elected by the directors, The
Board may from time to time elect such other officers and designate their duties as in their
'udgme nt y
ma be necessary to manage the affairs of the Association. A person may hold more
than ono office simultaneously, except those of President and vice President, Only the President
and. vice President must be members of the Board, Owners of the same Unit, or affiliates of the
Owner if the Owner is other than a natural person, may not simultaneously serve as officers of
the Association unless undm* �.ously. elected by the B oard.
7.2 Election. The officers of the Asso ciation shall be elected manually by the Board at
its annual meeting and shall hold office At the pleasure of the Board.
MPLS -word 2023 67.2 9
7.3 Removal. Upon an affirmative vote of a majority of the members of the Board,
any.. officer may be romoved, with or without cause, and a successor elected, 'at any regular
meeting of the Board, or at any special meeting of the Board called for that purpose.
7.4 President. The President shall be the chief executive officer of the Association,
and shall preside at all meetings of .the Board and the Association. The President shall have all
of the powers and duties which are customarily vested in the office of president of a corporation,.
including without limitation the duty to supervise all other officers and to execute all contracts
and similar obligations on behalf of the Association. The President shall have such other duties
as may from time to tine be prescribed by the Board,
I
7,5 vice President. The Vice President shall tako the place of the President and
P
erfonia the duties of the office whenever the President shall bo absent or unable to act., The
'Vice President shall also perform such other duties as shall from time to time be prescribed by
the Board.
7,6 S ecretM. The Secretary is responsible for recording the minutes of all meetings
of the Board and the Association. The Secretary shall be responsible for keeping the books and
records of the Association, and shall give all notices required by the Governing Documents or
the Act unless directed othem'se by the Board. The Board may delegate the Secretary's
administrative functions to a managing agent; provided, that such delegation shall not relieve the
Secretary of the ultimate responsibility for the Secretary's duties.
7.7 Treasurer. The Treasurer is responsible for all financial assets of the Association,
and shall be covered by a bond or insurance, if reasonably available, in such sum and with such
companies as the Board may require. Tlie Treasurer shall (i) be responsible far keeping the
Association's financial books, Assessment rolls and accounts; (ii) cause an annual financial
report to be prepared, subject to review by the Association's accountants; (iii) cause the books of
the Association to be kept in accordance with generally acc6pted accounting praefices and shall
submit them to the Board for its examination upon request; (iv) cause all moneys and other
monetary assets of the Association to be deposited in the name of or to the credit of the
Association in depositories designated by the Board; (v) cause the proper obligations of the
Association to be paict when due; and (vi) perform all other duties incident to the office of
Treasurer. The Board may delegate the Treasurer's adnnini.strative functions to a managing
agent; nt; that such delegation shall not relieve tho Treasurer of the ultimate responsibility
g
for the Treasurer's duties.
7.8 c_m sation. Except as authorized by a vote of the Owners at a meeting
thereof, officers shall receive no compensation for their services in such capacity. Officers may
be reimbursed for out --of- pocket expenses incurred in the performance of their duties. An officer
or an entity in which the off�cor has an interest may be reasonably compensated under a contract
for goods -and services wished to the Association in a capacity, other than as an officer;
p rovided (i) that the contract is approved by a majority vote of the Board, excluding the
interested party, and (ii) that the officer's interest is disclosed to the Board prior to approval.
7.9 Standards of Conduct. in the sprit of fairness, it is the duty of each officer to
represent the entire Bluffs of Ell{ River, Condominium community for the good of the com' Munity
as a whole, Accordingly, each Association officer shall discharge the duties of the position of
MPLrs Word 202367.2 to
officer in good faith, in a manner that the officer reasonably believes to be in the best interests of
the Association' .as a. whole, and with the care an ordinarily prudent person in a' like position
would exercise under sim' ilar circumstances.
SECTION 8
OPERATION of THE PROPERTY
g. A.ssessm.eiit Procedures, The Board shall annually prepare a budget of Common.
Expenses for the Association and assess such Common Expenses against the Units according to
their respective allocations of Common Expense obligations as set forth in the Declaration,
subject. to any limitations contained in Section 6 of the Declaration and to the following:
8.1.1 The Board shall fix the amount of the annual Assessment against each
Unit, levy the Assessment and advise the Owners in writing of the Assessment at least
thirty days prior to the beginning of the .Association's fiscal' year when the first
Assessment installment shall be. duo. The fail-are of the Board to timely levy an annual
Assessment shall not relieve the Owners of their obligation to continue paging
Assessment installments in the amount currently levied, as well as any increases
subsequently levied.
8. t .2 The Board -may amend the budget and Assessments, or levy a special
Assessment or limited Assessment, at any tim' e. The levy shall be deemed to occur upon
the date specified in the resolution which fixes the Assessment.
8.1.3 The Board may (or must in certain cases) levy. limited Assessments
against only certain Units or class of Units under Section 6.4 of the Declaration. Such
. Assessments may be included in the annual Assessments Levied against the affected Units
or may be levied separately during the year, Suoh Assessments are not annual or special
Assessments within the meaning of the governing Documents, and are not subject to any
limitations on those Assessments. The Board may rely upon recommendations from the
Commercial Directors or the Residential Directors, as the case may be, with respect to the
need for or the amount of linuted Assessments to be levied- against the respective Unit
classes,
814 The annual budget shall include a general operating reserve, and an
adequate reserve fund for replacement of the Common Elements and any parts of the
Units that the Association is obligated to replace.
.1., The Association shall furnish copies of each budget on which the
Assessment is based to Declarant, an Owner or to any Mortgagee, upon request of such
Person.
8.2 Pa meet of ,Assessments. Annual Assessments shall be due and payable in
monthly or quarterly installments, as established by the -Board, in advance, on the first day of
each month of the year or other period for wb.ch the Assessments are made, and special
Assessments or limited Assessments shall be due when designated by the Board. Except as
provided in the Declaratloh, all Owners shall be absolutely and unconditionally obligated to pay
the Assessments. and no Owner or 0ocupant shall have any right of withholding, offset or
MPLS -word 2023 67.2 t 1
deduction against the Association with respect to any Assessments, late charges, interest or costs
of collection, regardless of,any claims alleged against the Association or its officers or' directors.
Any rights or claims alleged by an Owner may be pursued only by separate action.
8.3 Default Yn Paym.ent of Assessments. If any Owner does not make 'payment on or
before the date when any Assessment or installment thereof is due, subject to such grace periods
as may be established, the Board may assess, and the Owner shall be obligated to pay, a late
charge as provided xn the Declaration for each such unpaid Assessment or installment thereof,
together with 'all expenses, including reasonable attorneys' fees and' other professional fees and
costs, incurred by the Board in collecting any such unpaid Assessment,
8.11 If there is a default of more than thirty days in payment of any
Assessment, the Board may accelerate any remaining installments of th'e Assessment
upon prior written notice thereof to the Owner, as provided in the Declaration, and the
entire unpaid balance of the Assessment and late charges shall become due and payable
upon the date stated in the notice unless all past due amounts, late charges, fines,
reasonably attorneys' fees and 'other professional fees and costs incurred by the Board,
are paid prior to said date.
8.3.2 The Board shall use commercially reasonable ' efforis to collect all
Assessments, together with any charges, attorneys' fees and other professional fees and
costs or expenses relating to the collection thereof. In addition., the Board shall use
commercially reasonable efforts- to recover any and all collection or contingency fees or
costs charged to ,the Association by a collection agency or other Person acting on behalf
of the Association in collecting any unpaid Assessments.
8.3.3 Notice of a default of more than sixty days in payment of any Assessment
or installment thereof or any other default in the performance of obligations by the Owner
shall be given in writing to the Mortgagee or Eligible Mortgagee of such Owner's Unit,,
8.3.4 The rights and remedies reforred to herein shall not limit the remedies
available to the Association under the Declaration or by laver.
8.4 Foreclosure.__of Liens for Unpaid ,Assessments. The Associatim has the right to
foreclose a lien against a Unit for .Assessments unposed by the Association, as more fully
g -
described in the Declaration and the Act.
8.5 Records, . The Board shall cause to be Dept at the registered office of the
Association, and at such other place as the Board may determine, records of the actions of the
Board., minutes of the meetm` gs of the Board, minutes of the meetings of the Owners, names of
the Owners and Eligible Moilgagees, and detailed and accurate records of the receipts and
expenditures of the Association. with the exception of records that may be privileged .
information, all Association records, including receipts and expenditures and any vouchers
authorizing payments, shall be. available -for examination by the Owners and the Eligible
Mortgagees upon reasonable notice and during normal business hours. Separate accounts shall
be maintained for each Unit setting forth the amount of the Assessments against the Unit, the
date ' wh en' due, the amount paid thereon and the balance rein airing unpaid.
MPLS -ward 2023 67.2 12
8.6 Financial„ e iewt The Board shall cause the financial records of the Association
to be "reviewed." by an independent certified public accountant on an annual basis, pursuant to
the requirements of Section 515.B.3 -tl121 of the Act. The review requirement may be waived, on
an annual basis, by the vote of Owners holding at least thirty percent of the total votes in the
Association; however, the Board may require the review or an audit notwithstanding a walvet
vote. The waiver must be approved prior to sixty days after the end of th.e Association's fiscal
year. A copy of the Association's financial statements shall be delivered to all Members within
one hundred eighty days after the end of the Association's fiscal year, as required by the Act.
93 Enforcement of Obligations. All Owners and Occupants and their guests are
obligated and bound to observe the provisions of the Govenung Documents, the Rules and the
Act. The Association may impose any or all of the charges, sanctions and remedies authorized
by the Govorning Documents, the Rules or by law to onforce and implement its rights and to
otherwise enable it to manage and operate the Association.
SECTION 9
AMENDMENTS '
These laws ma y be amended, and the amendment shall be effective, upon the
y
satisfaction of the following conditions:
9.1 Approval. The amendment must be approved by Owners who have authority to
cast a maj
SECTION 11
WSCELL ANEO U
1x.1 Notices. Unless specifically provided otherwise in the Act, the Declaration. or
these Bylaws, all notices rogWrcd to be given by or to the Association; the Board, or the Owners
or occupants shall be in -�vrlting and shall be effective upon Band delivery, or upon mailing if
properly addressed with �ostago prepaid and deposited in the United States nail; except that
registrations pursuant to Section 2.2 shall be effective upon receipt by the Association.
11.2 Severabilily. The invalidity or imenforceability of any part of these Bylaws shall
not impair or affect in any manner the validity, enforceability or effect of the balance of these
Bylaws,
11.3 Captions. The captions herein are insorted only as a natter of convenience and
for reference and in no way limit or proscribe the scope of these Bylaws or the intent of any
provision hereof.
11.4 Con-Riots in Documents, In the event of any conflict among the provisions of the
Act, the Declaration, these Bylaws or the Mules, the Act shall control unless it permits one or
more of the Governing Documents to control. As among the Declaration, these Bylaws and the
Rules, the Declaration shall control, and as between these Bylaws and the Rules, these Bylaw's
shall control,
11.5 Waiver, No restriction, condition, obligation or provision contained in these
Bylaws shall be denied to have been abrogated or waived by reason of any failure -to enforce the
same, irrespective of the number of violations or breaches thereof which may occur.
11.6 No Co orate Seal, The Association shall have no corporate seal.
11.7 Fiscal Fear. The f.scat year of the association shall be as determined by the
Board.
The undersigned certifies that these Bylaws were adopted by the first Board of Directors
of The Bluffs of Elk River Condominium Association, a Minnesota nonprofit corporation,
effective as of the date hereof.
Dated. � r
I
(e etary
The HIuffs of Elk River Condominium Association
WLS -Word 202367,2 1.4
OF THE BLTJFFS OF ELK RIVER CONDOMINIUM ASSOCIATION
It is important that we preserve the living and architectural style that The Bluffs of Elk River
Condominium Association (the "Association'') represents. The goal of these Rules and
Regulations is to provide reasonable, practical guidelines for the operation of the Association.
All residents and guests are obligated to comply with these Rules and Regulations and the
Association's Governing Docwnents. The Board of Directors of the Association may approve
Ryles and Regulations based upon authority contained in Section 5.6 of the Amended and
Rcstated Declaration (the "Declaration"). The terms used in these mules and .Regulations have
the same meanings as set forth in Section 5.6 of the Declaration.
M-c
L please be considerate of other residents. Owners, Occupants and their guests ma y not
engage in conduct which is a material annoyance or nuisance to others or which is
threatening or harassing In nature. owners axe responsible for the behavior of their
families, guests and tenants while at The duffs of Elk River Condominiums (the
`prop erty") .
2. Persons residing on or using the Property are obligated to comply with all applicable
laws, ordinances and rogulations of the City of Elk River and other governmental
authorities. If charged with a violation by a govbrnmental autholfty, the owner or
Occupant is obligated to indenu fy, defend and hold harmless the Association., and
other owners and occupants, harmless from all fines, penalties, costs, attorney's fees
or prosecution resulting from the violation.
I The Property is designed to be a residential community located within a mixed-;use
conm earciallresidential development. Business or commercial activity may not be
conducted within the condominium, except for the Ifinited, incidental activities
described In Section 7 of the Declaration.
4. Flammable substances may not be kept on the Property by owners or occupants
except in safe containers. No inherently dangerous items such as explosives may be
kept on the Property at any tine, and no flammable or hazardous materials or
substances may be kept in the Garage at any- tune.
5. Except as expressly permitted by law, firearms, air guns and other devices designated
to firo a potentially lethal projectile may not be dxscha •god or cawed on �e p •opex-iy,
except for carrying the device to and from a public place.
6. For health reasons, garbage and refiise should be placed in leak -proof trash bags and
deposited in designated trash receptacles.
a. Garbage, refuse and vacuum cleaner waste shall be. securely wrapped and
sealed before depositing in the durnpster or any other trash containers in
the common elements.
b. Onistmas trees shall be wrapped in plastic or a shoot when brought in or
removed from the Property.
c. The du pster or any other trash containers in the common elements of the
Property shall be kept -clean at all times and shah not be allowed to
become unsightly.
d. Large items, such as boxes, heavy cardboard, plants, etc., shall be left by
the dumpster or other trash containers and not in the common elements of
the Property.
7. Persons authorized by the Board, or public safety personnel, may enter the Units at
any time for the purpose of correcting any condition which is Treasonably believed to
present an irruninent danger of serious loss or damage to any poi tlon of the Property,
or mj ry or death to any person. These authorized persons may also enter the Units
or their Limited Common Elements upon reasonable advance notice for put-poses of
maintaining, repah`ing and replacing Common Elements or any parts of the U-n%ts
which the Association may be obligated to maintain.
8. Managers and othors who provide services to the Association are required to take
directioti only from the Board or Association officers. Comments regarding services
or actions of persons performing work for the Association sh6uld be- directed to the
Board or to the manager,
9. Entrance doors shall be kept closed and secured at all times. Each Resldent shall
verify the identity of a caller before releasing an entrance door and Aowing the caller
to enter, No Resident shall allow any person who does not adequately identify bim or
herself as a relative, guest, visitor, lessee, contractor, agent or employee of another
Resident to enter or intrude upon any portion of the common elements of the
Property. Each Resident shall not allow strangers to pass through the entrance doors
at the same tirn.e Residents are entering or leaving the Property. _
a. Solicitors, canvassers and/or salespersons shall not be allowed into the
Property. No Resident shall solicit or canvass door-to-door except for
Association business.
b. residents shall promptly report to the police any suspicious activities
which are occtuTffig in or about the common elements or any Unit of the
Property.
.
The Property is subject to recorded architectural covenants contained in the
Declaration. No Person may modify or change the appearance of the exterior of any
Building or Unit, except in accordance with the architectural control requi"Tements set
forth in Section 7 of the Declaration. If any exterior change is made without approval
by the Board, the Association has the right to remove the unapproved items at the
expense of the owner of the Unit.
2. Identification, flags, banners, signs or displays of any kind may not be placed
anywhere on the Property where they are visible from outside the Units; except as
permitted by lair or authorized in writing by the Board consistent with the law.
Please contact the manager for details. No Resident shall cause or permit anything to
be hung, displayed or placed in windows (with the exception of draper es, blinds,
shades and natural plants), on the outside of exterior doors, or on the outside walls of
the Building, and no sign (except as otherwise penmtted in the Declaration) shall be
affixed to or placed upon the exterior walls or roof or any part thereof, without the
prior written consent of the Association. Any draperies used in the windows of the
Building shall be lined with plain white lining. Any blinds or shades used in these
windows shall be plain white or tan.
3. The installation and us(,- of other antennas, satellite dishes and other comparable
communications devices is governed by applicable federal and state laws and
regulations. No radio, television or other antennae or satellite dish shall be installed
by a Resident anywhere on the exterior of the Condominium without tho prior written
approval of the Board of Directors of the Association..
4. Hallways, sidewalks, stairways, landings, foyers and staircases shall not be obstructed
or used for any purposes other than for ingress to and egress from tho units.
5. No grills, fireplaces, or burning devices of any type are permitted to be used on
balconies or other areas of the Building.
1. Subject to prior written authorization of the Board, hard surface floor coverings are
permitted in Units only m areas where. floor coverings of that nature were ongina.11y
installed as a part of the construction of the Unit. All other areas of the Units must
remain carpeted using materials and installation methods comparable with those used
as a part of the construction of the Unit.
2. To avoid potential disturbing sound transmission, owners and occupants are
restricted from malting any change to their Units which could affect or damage the
walls, floors or ceilings separating their Unit from adjoining Units, such as the
installation of recessed lighting or similar equi IP men.t or the installation or attachment
of speakers on or into the ceiling or galls of the Unit.
3. No penetration of any type may be made into the concrete floors or ceilings of the
building due to the potential for damage to the post - tensioned concrete structure.
4. 'articular care shall be taken to avoid or mmi ize use of appliances, stereos and
television sets and related equipment in the late evening or early rnoraing hours in a.
manner that would cause a material disturbance to owners or occupants of adjoining
Units.
5. Common element mechanical, electricals plumbing, etc. shall not be altered or
repaired or adjusted by Residents. In the event any of these 'Items require attention,
the Resident shall notify the Board.
6. No noxious or offensive aefivities shall be carried on in any Unit, or an the common
elements, by any Resident, nor shall anything be done therein, either willfully or
negligently, which may be or become an annoyance or nuisance to any other
Resident.
7. No Resident shall make. or pent any disturbing noises in or upon the common
elements of the Rropelly or in the Resident's Unit by the Resident's family, friend,
tenant service, people or other invitees,
i
yp y
8. No Resident shall loud' la or allow to be loudly played any musical instrument,
radio, television, phonograph, tape recorder or tho like that can be heard in any other
unit of the property. -
9. No Resident may cause a-ay damage or disturbance to any landscaping, lawn, garden,
green space or any part of any common elements.
10. No personal property shall bo stared M or abort the common elements except m* areas
designated therefore or except as expressly permitted in writing by the Board.
1. .except in areas specifically designed and intended for such purposes, no clothes,
sheets, blankets, laundry of any kind or other articles shall be hung out or exposed in
any part of the common elements.
12. The cost of the repair or replacement of common dements damaged by the moving
and/or carrying of ar tiles thereon or therein shall be borne by the Resident out of
whose or into whose unit the articles were being moved.
1. Each Resident shall keep his/her Unit in a good state of cleanliness and repair.
2. The grater closets and other water apparatus shall not be used for any purpose other
than for which they were contracted, and no sweepings, rubbish, rags, papers, ashes
or other substances shall be throw. therein. Any damage to the property of others,
including the common elements, resulting from misuse of such facilities, of any
nature or character whatsoever, to the extent not covered by insurance shall be paid
by the R.csident of the Unit who misused such facilities.
3. Water shall not be left running an unnecessary length of time in any Unit or in the
common elements#
4. Residents shall close all windows when necessary to avoid possible damage from
storm, rain or freezing,
1. The Property will be served by an underground parking garage. ` io garage contains
a minimum of one parking stall for each Unit. Access to the garage is via a common
entrance utilizing an electronic access system. Residents are asked to take particular �
care when entering or leaving the garage, for safety and security reasons.
2. The garage may not be used for parking or storage of trailers, boats, reereational
equipment or ether personal property, unless authorized in writing by the Board. No
flammable explosive or hazardous materials or substances may be kept in. the orarage.
f J 0 i� ,
3. Inoperative or unlicensed vehicles or recreational equipment may not be left
anywhere on the Property, except in the Unit's parking stall(s) as authorized in.
writing by the Board. All vehicles required by law to be licensed or registered must
have cutTen.t registration and license tags, as applicable.
4. Parking may be limited dun-ng periods of snow removal or maintenance,
X . Common, domesticated house pets such as dogs, cats, fish or birds ("Pets") may be
kept by an Owner or Resident in his/her Unit, subject to these Rules and Reguladons.
No other animals may be kept or used anywhere on the Property. Birds, fish and
other small household pets- (other than dogs and cats) shall be kept in appropriate
cages or tans in die Unit.
2. A maximum of one dog or two cats, but not both categories of pets, may be Dept in
any Unit. The maximum Freight of any dog shall not exceed 25 polands.
3. No dog or cat shall be allowed to breed on the premises of the Property.
4. Any pet .must be housed and maintained exclusively within the owner's Unit, except
when render the direct control of the owner or other handler. outdoor pet houses,
shelters or enclosures of any type are prohibited. No pet may be left unattended on
the deck or terrace. serving the owner's Unit or elsewhere outdoors.
5, owners are responsible to pay for any damage to the Property caused by a pet housed
wig their Unit, and are obligated to hold harmless and indemnify the Association.,
and its officers and directors, agazn.st any loss, claims or liability arising out of any act
of the pct.
6. owners shall not allow or permit their pets to relieve themselves on the Common
Moments or anywhere else on the Property (interior or exterior). Solid waste left on
the Property shall be promptly disposed of by the Owner or other handler.
7. Pets may be walked on the Property only in accordance with local leash laws.
S. Any repeated or prolonged disturbance by a pet, such as noise, odor, waste or
threatening or nuisance activity, may be cause for imposition of a fine on the owner
housing the pet and/or the removal of the offending pet from the Property. Decisions
concerning the removal of the pet shall be determined by a vote of the owners at a
meeting of the Association, provided that the requesting owner must pay the cost of
calling and holding the meeting.
9. No other animals, birds or reptiles of any kind shall be kept in any place on the
Property except birds which are kept in cages in a Unit and fish which are kept in
aquariums in a Unit. Such other animals shall be subject to all of the current Pet
Regulations set forth herein including, but not limited to those in the previous
subsection hereof —and those hereafter promulgated by the Board of Directors.
lo. Notwithstanding the foregoing, no rules shall be imposed which restrict the keeping
of a qualified "service animals' for a disabled person in violation of any applicable
state or federal statutes, regulations or rules. However, service animals are subject to
the same behavioral standards as similar types of pets.
MM�I� ►�IT01►Y
1. The Board of Directors shall have full and final authority in determining which pets
should be allowed to remain on the Property and which should be expelled on account
of violations of the Pet Regulations. other unit owners shall have the fight to resort
to a hea g before the Board of Directors of the Association about the .manner in
which any pet owner maintains his pet in accordance with the Pet Regulations, and
the owner of an offending pet shall be subject to the following disciplinary and fining
procedure and have the following liability.
a. Upon receipt of a detailed written complaint from a unit owner, and upon
confmation of the complaint by the Board of Directors, or its
representative, the owner of the offending pet shall be given notice of the
complaint and will have the opportunity to meet- with Board prior to the
Board's enforcement of the Pet Regulations.
b. Any Resident whose pet violates the Pet Regulations shall be required to
pay a regulatory expense charge not to exceed $too for each violation.
The owner of the unit in which the offending pet resides shall be jointly
and severally liable for this charge with the owner of the offending pet if
other than the unit owner.
c. Any Resident whose pet violates the Pet Regulations shall be subject to all
legal remedies available to the Association, its Board and the Unit owners
in - the condominium documents, any amendments thereto and the Act.
The owner of the unit in which the offending pet resides shall be. jointly
and severally liable for any such remedies along with the owner of the
offending pet if other than the unit owner.
2. The Board is required to give 11otxce to the owner of the unit xn which the offending
pet resides as well as the owner of the pet if other than the twit owner.
Section 7 of the Declaration authorizes the Board to require all owners to register certain
information with the Association. In order to further ensure the health, safety and welfare of all
residents of the Property, the Board believes it is necessary to establish reasonable procedures for
registering non- -owner Occupants and maintaining records on an ongoing basis as owner and
non- -owner occupants move in and out of the buildings. It is also important that the Association
establish controls with regard to occupants who may have had a prior history of disruptive
behavior in earlier residences, who have been convicted of crimes which involved threats to
personal safety or to property, or who have regtd.arly failed to meet their financial 'obligations.
Accordingly, the following rules apply to owners who lease their Units, and to their lessees.
1. Leases shall be for a minimum term of three (3) months and a maximum term of
twelve (12) months (except that mortgage holders acquiring title to a Unit through
foreclosure or deed in lieu of foreelosure shall be exempt and the Board may waive
the requirement for emergencies or extenuating circumstances).
2. The entire Unit (not individual rooms or spaces) must be leased, unless the Unit
Owner contemporaneously occupies the Unit.
3. All leases shall be in writing and shall indentify each occupant of the Unit and such
person's emergency contact information.
4. An addendum subordinating the lease to the governing documents and in.corporafing
certain use restrictions consistent with Section 7.6.1 of the Declaration, in form
approved by the Board, must be attached to all leases prior to their execution.
S. A. fully executed copy of the lease must be provided to the Association.
Each owner, prior to the execution of a lease for the owner's Unit, must submit an application
through a reputable, professional screening organization approved by the Board for the purpose
of screening the prospective lessee for a prior history of disruptive behavior, convictions for
crimes involving a threat to personal safety or property, and the lessee's history with regard to
meeting prior lease obligations. The owner desiring to lease the Unit shall pay the cost of the
application and screening process. The process shall be conducted in a nondiscriminatory
manner and in accordance with all applicable laws. No personal data may be sought with respect
to any prospective lessee with regard to race, gender, religious preference, sexual preference,
marital status or any other factor which indentifies the prospective lessee as being within a
protected class under the Fair Dousing Amendments -Act of 1988 or the Minnesota Human
Rights Act. Further, no procedure may require that the prospective lessee submit to a personal
interview with the Association or provide a pictLre or other physical identification.
1. The Board has the authority to amend these Rules and Regulations, and make other
Rules and Regulations, from time to time as it deems necessary for the use, safety,
maintenance and preservation of the Property, and for securing the common comfort
and convenience of the residonts.
2. waivers from the provisions of theso Rules and Regulations for specific situations
may he granted by the Board for good cause shown if, (1) in the judgment of the
Board the waiver will not violate the Governing Documents or law, nor interfere with
the eights of other owners or occupants, and (ii) the waiver is granted to other
Owners and occupants under the same circumstances. However, wai.vors will not be
granted unless an emergency or highly extenuating circumstance exists.
when there is a violation of these Rules and Regulations or the Governing Documeits, the Board
is au.thorizod to pursue various remedies. These remedies include, but are not linu.ted to, legal
f
action for damages or equitable relief in any court, imposition of late charges for past due
assessments, imposition of reasonable fines for violations of the Goveming Documents or Rules
and Regulations, towing of vehicles, or the correction of any condition which violatos Governing
Documents or Mules and Reegulations. Prior to i nposing a fine for any violation, the Board shall,
upon written request of the offending owner, grant the owner a fair hearing. Please refer to f
Section 12 of the Declaration for details with respect to remedies and the hearing rights of an
Owner. '
Adoption by the Board o Directors o ': BLUFFS OF ELK RIVE R CONDOMINIUM
ASSOCIATION thi
y of, OAhttv , 2005 =
Secretary
Attest:
President
s
t
i