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W-1,10 S PY W I t -Low G eoNs CON OW n l R rti 0,1 G NO (g if 111E HENNEPIN COUNTY PROPERTY DIVISIONS SHEET NO. 1 OF 7 DIVISION # 07041-9— MUNICIPALITY: EDINA (24) oZ�1 PAY o�0$ * NEW PLAT Vr* TO ASSR SCH DIST 273 WATERSHED 1 SEWER DIST COPY F-OR * REQUEST * FROM ASSR IF PROJ # GREEN ACRES OPEN SPACE DATE7- * WD VALUE CHECK TRANS LINE /EZ INDIC 'a ,, a " BY 1 * QCD * SPEC CHECK DIVIDE /COMBINE• a,�.' �-,61 "d FILED * CD COMPUTER APPROVED / * OTHER COMPLETED PROPERTY ID 31- 028 -2' 42 0 �- i6�0� PROPERTY ADDRESS 04350 PARKLAWN AVE OWNER WILLOW GREENS LLC ADDITION NAME DATE FILED ADDNA TAXPAYER N/A WILLOW GREENS LLC BERTELSEN ADDITION 05/26/1964 74060 1818 LASALLE AVE MINNEAPOLIS MN 55403 DATE OF LAST IRAN 05/07/93 LOT 010 BLOCK 001 ACREAGE 0.00 APPROX PARCEL SIZE IRREGULAR SR EX AG PT H OWN% LAND BLDG MACH TOTAL H -BASE1 H-BASE2 N /H -BASE1 N/H TC GROSS TC 9o� PROPERTY ID 31- 028 -24 42 0011 R E C E E V E LbwNER WILLOW GREENS LLC TAXPAYER N/A WILLOW GREENS LLC NOV ��o� 1818 LASALLE AVE MINNEAPOLIS MN 55403 COWtTVASIMSOF4 OWN% LAND BLDG MACH /? o9yoax 1-11yoUo PROPERTY ADDRESS 04380 PARKLAWN ADDITION NAME BERTELSEN ADDITION DATE OF LAST TRAN 05/07/93 LOT 011 BLOCK 001 APPROX PARCEL SIZE E TOTAL H -BASE1 H -BASE2 N /H -BASE1 9� r/�6% AVE DATE FILED ADDNA 05/26/1964 74060 ACREAGE 0.00 148X197X273X252 N/H TC GROSS TC DIVISION /COMBINATION: NEW PROPERTY ID'S HENNEPIN COUNTY PROPERTY DIVISIONS SHEET NO. 2 OF r DIVISION # 070414- SEC TWP RG QQ SUFX SEC TWP RG QQ SUFX SEC TWP RG QQ SUFX 31- 028 -24 42 0086 31- 028 -24 42 0087 31- 028 -24 42 0088 31- 028 -24 42 0089 31- 028 -24 42 0090 31- 028 -24 42 0091 31- 028 -24 42 0092 31- 028 -24 42 0093 31- 028 -24 42 0094 31- 028 -24 42 0095 31- 028 -24 42 0096 31- 028 -24 42 0097 31- 028-24 42 0098 31- 028 -24 42 0099 31- 028 -24 42 0100 31- 028 -24 42 0101 31- 028 -24 42 0102 31- 028 -24 42 0103 31- 028 -24 42 0104 31- 028 -24 42 0105 - - PROPERTY DIVISIONS & COMBINATIONS Municipality: (24 1 Edina. Sheet Of Approx. Parcel Size: IRREGULAR �lvS1k�Q 070419 Division Form No. HCPT03 -2 11/97 ( ) Date: 10/1/2007 09:46 A Page 1 of 5 a , X0$24 42yUp$9 ,. Owner: x.: z x _.. ., Property Address 1142�324�4 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC X13 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 31834 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 101A Owner: WILLOW GREENS LLC Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Addition No: 318 3 4 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 102A Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 318 3 4 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 103A a , X0$24 42yUp$9 ,. Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 318 3 4 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description. UNIT NO 104A PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of ,� . - rt DIV IS1t1DQ. 070419 Division Form No. HCPT03 -2 11!97,,, ( ) Date: 10/1/2007 09:46 A Page 2 of 5 ,4 x.,,,.. ,. .,, ,I 1Cisa00�0 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC -{ 7j 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 31834 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 105A 44"Z,4 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC Addition No: 318 3 4 Lot: 1818 LASALLE AVE MINNEAPOLIS MN 55403 Block: Acreage: Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 201A ,xkry Vii. ,r° �,z 4 $.442 0092 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC ; 3,: ty Addition No: 31834 Lot 1818 LASALLE AVE MINNEAPOLIS MN 55403 Block: Acreage: Metes & Bounds Description: UNIT NO 202A Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR 1r2$ *24 4kfl093 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 2 >S? 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 318 3 4 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 203A PROPERTY DIVISIONS & COMBINATIONS Municipality: ( 24) Edina 101IVIS 070419 Division Form No. HCPT03 -2 (11/97) -Date: 10/1/2007 09:46 A Page 3 of 5 Sheetj (� Q, n s,. _fir I 42 094"", ^ Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 1� 3 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 318 3 4 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 204A Owner: WILLOW GREENS LLC Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Addition No: 318 3 4 Lot: Block: Acreage Metes & Bounds Description: UNIT NO 205A Owner: WILLOW GREENS LLC Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Addition No: 318 3 4 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 101B Property Address 24 ADDRESS PENDING q�e Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Mortgage Loan No: Mortgage Code: Addition No: 31834 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 102B PROPERTY DIVISIONS & COMBINATIONS Municipality: (24) Edina Sheet Of 7QIVlSi?tl� Property Address 070419 Division Form No. HCPT03 -2 (1 v97) Date: 10/1/2007 09:46 A Page 4 of 5 WILLOW GREENS LLC 4 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC vi 32r Addition No: 318 3 4 Lot: 1818 LASALLE AVE MINNEAPOLIS MN 55403 Block: Acreage Metes & Bounds Description: UNIT NO 103B Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC r 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 31834 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 104B O.24�2 01QQ Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC j Addition No: 318 3 4 Lot: 1818 LASALLE AVE MINNEAPOLIS MN 55403 Block: Acreage: Metes & Bounds Description: UNIT NO 105B i�08 2k4 }42Qz1Q1 Owner: Taxpayer: Addition No: 31834 Lot WILLOW GREENS LLC WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Block: Acreage: Metes & Bounds Description: UNIT NO 201B Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Property Address 24 Mortgage Loan No: Mortgage Code: , 1ADDRESS PENDING Approx. Parcel Size: IRREGULAR PROPERTY DIVISIONS &COMBINATIONS Municipality: (24) Edina D11(Sl ��� 070419 Division Form No. HCPT03 -2 (11!97) Date: 10/1/2007 09:46 A Page 5 of 5 Sheet Of ,� r Q2842 Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 45 1818 LASALLE AVE Mortgage Loan No: MINNEAPOLIS MN 55403 Mortgage Code: Addition No: 31834 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 202B Owner: WILLOW GREENS LLC Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Addition No: 31834 Lot: Block: Acreage: Metes & Bounds Description: UNIT NO 203B Owner: WILLOW GREENS LLC Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Addition No: 318 3 4 Lot: Block: Acreage Metes & Bounds Description: UNIT NO 204B Property Address 24 ADDRESS PENDING Mortgage Loan No: Mortgage Code: Approx. Parcel Size: IRREGULAR Property Address 24 ADDRESS PENDING 4 7c,, Mortgage Loan No: Mortgage Code: Approx, Parcel Size: IRREGULAR Owner: WILLOW GREENS LLC Property Address 24 ADDRESS PENDING Taxpayer: WILLOW GREENS LLC 1818 LASALLE AVE MINNEAPOLIS MN 55403 Mortgage Loan No: Mortgage Code: Addition No: 318 3 4 Lot: Block: Acreage: Approx. Parcel Size: IRREGULAR Metes & Bounds Description: UNIT NO 205B Doc No 9042900 09/25/2007 03:52 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TransID 344695 Deputy 26 Fees $35.50 DOC $10.50 SUR $45.50 PLT $10.50 SUR $2.00 COPY $104.00 Total 6��AND PRIOR TAXES PAID TAXPAYER SERVICES TRANSFER ENTERED SEP 2 5 2007 Condominium WILLOW GREENS CONDOMINIUMS Declaration THIS DECLARATION is made as of this -2-1 day of007, by Willow Greens, LLC, a Minnesota limited liability company herein called "Declarant ", pursuant to the provisions of the Minnesota Common Interest Ownership Act, Minnesota Statutes Sections 515B,1 -101 through 515B.4 -118 (the "MCIOA" or "Act "), as amended. RECITALS Declarant is the Owner of and has the right to develop the following described real estate located in Hennepin County, Minnesota described herein as Exhibit A, all of which real estate constitutes and is referred to herein as the "Real Estate ". i Declarant has caused Willow Greens Condominium Association, Inc. ( "Association'), to i be formed as a Minnesota non - profit corporation to serve as the statutory association of Unit Owners for Willow Greens Condominiums. Declarant wishes to establish the Real Estate as condominiums under the Act. NOW THEREFORE, Declarant declares that the Real Estate is and shall be divided, held, transferred, conveyed, sold, leased, occupied and developed subject to the Act and to the covenants, conditions, restrictions, easements, `charges and liens set forth in this Declaration, which shall run with the Real Estate and be binding upon all parties having any right, title or I interest in the Real Estate, their heirs, successors and assigns, and which shall inure to the benefit of each Unit Owner, and the heirs, successors and assigns of each Unit Owner. [Note to Readers3 _ Many provisions of the Act (Chapter 515B) which governs this common interest community ( "CIC "), and of the Minnesota Nonprofit Corporation Act, Minnesota Statutes, Chapter 317A under which the Association is formed, are not repeated in this Declaration. This Declaration should be read in conjunction with both statutes. 1.00 DE)F'INITIONS. 1.01 Wards defined in the Act shall have the meaning ascribed to them in the Act. The following are supplemental definitions. I a. "Association' shall mean Willow Greens Condominium Association, Inc., a Minnesota nonprofit corporation. i b. "Board of Directors" or "Board" shall mean the board of directors of the Association. I C. "Buildings" shall mean those structures which are or become part of the Property and contains the Units, some Common Elements, and Limited Common Elements and related improvements. d. "Common Elements" shall mean the Common Elements of this condominium, as defined in the MCIOA. e. "Limited Common Element" shall be those portions of common elements allocated for the exclusive use of one or more but fewer than all of the Units. f. "Member" shall mean any person or entity holding membership in the Association. g. "Occupant" shall be the lawftil occupant of a Unit as evidenced by a written agreement between an Occupant and Owner filed of record with the Association. h. "Owner" shall mean the record Owner of a Residential Unit. In the case of a ,contract for deed which grants the contract buyer the right of possession, the contract buyer and not the contract seller, shall be considered the Owner. i. "Garage" shall mean the underground parking garages located on the lowest level or levels of the Buildings. j. "Residential Unit" or "Unit" shall mean any of Units IOTA -105A, 201A -205A, 10113- 1 05B and 201 B -2058. K 2.00 IDENTITY OF REAL ESTATE AND CIC. 2.01 This Declaration establishes Common Interest Community No. 1834, Hennepin, County, Minnesota, under the name Willow Greens Condominiums. It is a condominium (and not a planned community or cooperative), and is not subject to a master association. The real estate included within this CIC legally described in Exhibit A, attached hereto. The real estate does not include shoreland as that term is defined in Minn. Stat. 103F.205 and as such is not subject to certain county, township, or municipal ordinances or rules affecting its development and use of any shoreland area. 3.00 CIC PLAT. 3.01 The CIC Plat for this CIC is being recorded simultaneously with, and as a part of, this Declaration. 4.00 OWNERS ASSOCIATION. 4.01 Willow Greens Condominium Association, Inc. has been incorporated as a Minnesota nonprofit corporation under Minnesota Statutes, Chapter 317A to act as the association of Unit Owners required by section 515B.3 -101 of the Act. 5.00 UNITS AND UNIT IDENTIFIERS. 5.01 This CIC consists of twenty (20) Units divided between two (2) Buildings. All Units are Residential Units. The Unit identifier of each Unit is shown on the CIC Plat. 6.00 BOUNDARIES. 6.01 The Unit boundaries of each Unit shall be the interior finished surfaces of the perimeter walls of each Unit, as described in further detail in Section 51513.2- 102(b) of the Act, all as shown in the CIC plat. 7.00 USE OF UNITS, RESTRICTIONS ON TRANSFER. 7.01 Residential Units. The residential Units shall be used by Owners and Occupants and their guests exclusively as private, single - family residential dwellings, and not for a transient, hotel, commercial business or other non - residential purposes. Any lease of a Unit (except for occupancy by guests with the consent of the Owner) for a period of less than thirty (30) days, or any occupancy which includes services customarily furnished to hotel guests, shall be presumed to be for transient purposes. 7.02 Permitted Use. An Owner or Occupant residing in a Residential Unit may maintain a home occupation in such Unit and handle matters relating to such home occupation by telephone or correspondence therefrom; provided, that such uses (i) are incidental to the residential use; (ii) do not involve physical alteration of the Unit visible from the exterior; (iii) are in compliance with all governmental laws, ordinances and regulations, and (iv) do not 3 involve any observable business activity such as signs, advertising displays, regular deliveries, or pedestrian or vehicular traffic to and from the Unit by customers or employees. This may be further defined or restricted by the Board at their discretion. 7.03 Gara e Stalls. The Garage Stalls or Stall, as those terms are defined herein, shall be Common Elements and shall be licensed to and for the use of the Owners, Occupants and their guests, and not for any transient, commercial, storage for profit or rental purposes. 7.04 Permitted Uses. Parking Stalls may be used only for parking or storing an automobile or other motorized vehicle which has current registration, license and tags. 8.00 COMMON ELEMENTS. -8.01 Common Elements. The Common Elements, in addition to those items defined in the Act, shall mean those areas designated on the CIC Plat which shall include, but not be limited to, the area in and around the Units as identified on the CIC Plat, those sidewalks, driveways, and other areas so identified. 8.02 Limited Common Elements. In addition to those Limited Common Elements specified in Section 515B.2 -102 (d) and (f) of the Act and those elements identified in Section 8.03 below, there are no Limited Common Elements allocated to any of the Units for their or its exclusive use except for the patio or deck areas adjacent to each Unit, and as provided in Section 8.,05 below. 8.03 Pool area and Building, Party Room. As depicted on the CIC Plat as a Common Element, there is a swimming pool and attendant building located by the shed. In addition, there is located in the basement of each building a party room which is also treated as a Common Element. The Association shall be responsible for maintenance and repair of these Common Elements. The use and hours of operation for the swimming pool, attendant building and area around the same as well as the party rooms shall be set and maybe modified by the Board in its discretion. 8.04 Garage Stalls. Each Garage includes Common Element vehicle parking stalls (collectively the "Stalls ") (or individually a "Stall "). The Stalls shall be licensed and assigned to the Units and /or the Association, subject to the terms and conditions set forth in this Section 8.04 and the operation and transfer of the Stalls shall be administered by the Association in accordance with this Section 8.04. The following conditions and restrictions shall govern the licensing, assignment, use, and transfer of the Stalls. 8.04.1. The initial assignment of Stalls shall be made by Declarant, at its discretion. Declarant shall assign the exclusive right and license to use a previously unassigned Stall designated by Declarant to each Unit conveyed by Declarant and shall provide to the Association a copy of the certificate or documentation evidencing the Stall assignment. At least one Stall shall be assigned to each Unit at the time of Declarant's initial conveyance of such Unit. 4 8.04.2. A Unit Owner may, at the time a Unit is purchased or at any other time, provided such Stalls are still available, license an additional Stall from the Declarant for a fee. Any other Stall so licensed shall be subject to the same terms and conditions set out in this Section 8.04 or as may be otherwise prescribed by the Board. Any Stalls remaining after all Units owned by Declarant or its affiliates have been conveyed may be assigned to the Association, or reserved for guest or handicapped parking, as directed by Declarant. 8.04.3. Upon and following Declarant's assignment of a Stall to a Unit, the use rights with respect to the Stall shall be deemed to be perpetually licensed by the Association exclusively to the Unit to which the Stall is assigned, subject to reassignment of the license in accordance with this Section 8.04. The Association shall maintain records identifying the Stalls, the Units to which they are licensed, the names of the Owners of the Units, and the dates of assignment and any reassignments of the license in accordance with the terms of this Section. A written certification of the license shall be delivered by the Association to the Owner upon the Owners request. The Association shall not unilaterally reassign a Stall license, except for disability parking Stall licenses which may be unilaterally reassigned by the Association to accommodate legally disabled persons. At least one Stall shall remain licensed to each Unit at all times. 8.04.4. The licensc to use a Stall shall remain with the Unit to which it is assigned until the license is reassigned in accordance with this Section. Subject to Section 8.04, a Stall license may be assigned to another Unit, but only by first delivering to the Association a written assignment, in form approved by the Association, signed by the assignor and the assignee. The Association shall review the proposed reassignment for compliance with this Section 8.04, and if the reassignment complies, the Association shall transfer the license on its records to the Unit owned by the assignee and issue a new Stall license to the assignee. In the'absence of a proper reassignment to the contrary, a license assigned to a Unit at the time of such Units conveyance shall be automatically reassigned with the conveyance of title to such Unit. 8.04.5. Owners•may rent or allow the use of their licensed Stall only to or by other Owners and Occupants, except as otherwise authorized by the Board in writing. The lease or other use right shall be in written form, and shall terminate when the lessor, lessee or other user is no longer an Owner or Occupant, regardless of the terms of any agreement to the contrary. The Owner shall give the Association advance written notice of any lease or use agreement with respect to such Owners' Stall, and shall provide a copy of the lease or use agreement to the Association upon its request. The Association may hold, convey and reassign the license to, rent, or permit guest or handicap parking within a Stall assigned to it. 8.04.6. 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 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 assignment 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. 5 8.04.7. The use of the Stalls and the Garages, and the size and types of cats and other vehicles which may be kept in the Garages, are subject to Rules and Regulations ' approved from time to time by the Board. The Association shall apply for and maintain any permits required for the Garages. 8.04.8. Any license, lease, rental, use, assignment, transfer or purported transfer of any interest in a Stall in violation of this Section shall be void. 8.05 Storage Locker. There are within the condominium buildings storage lockers. As a part of each residential Unit, one storage locker has been assigned by the Declarant (or in the name of the Association) to each residential Unit for the exclusive use of the Owner of such Unit, or a designee of such Owner. Such assignments are recorded and in the Association records and the Association will maintain a register of current assignments available for the inspection by any Owner, mortgage holder, prospective buyer or other interested party. The right to use a particular storage locker will pass with the title to the residential Unit to which it is assigned. 9.00 ALLOCATED INTERESTS. 9.01 Expenses and Ownership. Each of the Units is hereby allocated the percentage of undivided interests in the Common Elements and in the common expenses of the Association, specified in Exhibit B attached to this Declaration. However, certain expenses may be assessed on a different basis, or against one or fewer than all Units, under the following circumstances; a. Any common expense associated with the maintenance, repair, or replacement of a Limited Common Element undertaken by the Association may be assessed exclusively against the Unit or Units to which that Limited Common Element is assigned on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, (iii) the actual cost incurred with respect to each Unit or (iv) exclusivity of use. b. Any common expense or portion thereof benefiting fewer than all of the Units may be assessed exclusively against the Units benefited, on the basis of (i) equality, (ii) square footage of the area being maintained, repaired or replaced, or (iii) the actual cost incurred with respect to each Unit. C. The costs of insurance may be assessed in proportion to value, risk or coverage, and the costs of utilities may be assessed in proportion to usage. d. Reasonable attorney's fees and other costs incurred by the Association in connection with (i) the collection of assessments and (ii) the enforcement of this Declaration, the Bylaws, the Act, or the Rules and Regulations, against an Owner or occupant or their guests, may be assessed against the Owner's Unit. e. Fees, charges, late charges, fines and interest may be assessed as provided in Section 515B.3- 116(a) of the Act. Q f. Assessments levied under Section 515B.3 -116 of the Act to pay a judgment against the Association may be levied only against the Units existing at the time the judgment was entered, in proportion to their common expense liabilities. g. If any damage to the Common Elements or another Unit is caused by the act or omission of any Owner or occupant, or their guests, the Association may assess the costs of repairing the damage exclusively against the Owner's Unit to the extent not covered by insurance. h. If any installment of an assessment becomes more than thirty (30) days past due, then the Association may, upon ten (10) days written notice of the Owner, declare the entire amount of the assessment immediately due and payable in full. If common expense liabilities are reallocated for any purpose authorized by the Act, common expense assessments and any installment thereof not yet due shall be recalculated in accordance with the reallocated common expense liabilities. Expenses relating to the maintenance, repair, replacement or operation of all or any part or component of a common element or limited common element may be assessed against Units on the basis of use, which may be measured or reasonably estimated. k. Assessments described in Subsections 9.01, a -k shall not be considered special assessments as described in Section 10.02, 9.02 Formula. The percentage allocation of interests specified in Exhibit B is calculated for each Unit by dividing the area of the Unit into the total area of all Units. 9.03 Voting. Each Residential Unit shall have one vote. 10.00 ASSESSMENTS. 10.01 General Provisions. Section 515B.3 -115 of the Act specifies how assessments are assessed and collected. Section 515B.3 -116 specifies how the lien for assessments is created and enforced, and to which interests it is either superior or subordinate. These shall include, but not be limited to, any annual assessments that are calculated and may be assessed by the Board in accordance with the Act. The following subsections 10.02 through 10.06 supplement those provisions. I0.02 Special Assessments. In addition to the annual assessments authorized herein, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any unforeseen or unbudgeted common expense, including without limitation the unexpected construction, reconstruction, repair or replacement of a capital improvement and including fixtures and personal property related thereto, provided that any such assessment shall have the assent of not less than two - thirds (2/3) of the voting power of members who are voting in person or by proxy at a meeting duly called for this purpose. 10.03 Commencement of Initial Annual Assessments. The annual assessments provided for under the Act and herein shall commence as to all Units not later than one- hundred twenty (120) days after the conveyance of the first Unit to an Owner other than Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. 10.04 Commencement of Annual Assessments. Except as provided in Section 10.03, by November 30 of each year the Board shall fix the amount of annual assessments against each Unit for the following fiscal year and shall send written notice thereof to each Owner. The due date for payment of annual assessments shall be as set by the Board. At the time the Board fixes the amount of annual assessments it shall adopt a budget for the following fiscal year and cause a copy of such budget in reasonable detail to be furnished to each Owner. 10.05 Lien Priority: Foreclosure. A lien under this Section has priority over all other liens and encumbrances on a Unit except (i) liens and encumbrances recorded before this Declaration, (ii) any first mortgage on the Unit, and (iii) liens for real estate taxes and other governmental assessments or charges against the Unit. Notwithstanding the foregoing,, if a first mortgage on a Unit is foreclosed, the first mortgage was recorded on or after June 1, 1994, and no Owner redeems during the Owner's period of redemption provided by Chapters 580, 581, and 582, then the holder of the sheriff's certificate of sale from the foreclosure of the first mortgage shall take title to the Unit subject to unpaid assessments for common expenses levied pursuant to the Act which became due, without acceleration, during the six (6) months immediately preceding the first day following the end of the Owner's period of redemption. 10.06 Voluntary Conveyances*, Statement of Assessments. In a voluntary conveyance of a Unit the buyer shall not be personally liable for any unpaid assessments and other charges made by the Association against the seller or the seller's Unit prior to the time of conveyance to the buyer, unless expressly assumed by the buyer. However, the lien of such assessments shall remain against the Unit until satisfied. Any seller or buyer shall be entitled to a statement, in recordable form, from the Association setting forth the amount of the unpaid assessments against the Unit, including all assessments payable in the Association's current fiscal year, which statement shall-be binding on the Association, seller and buyer. 11.00 ENCROACHMENT EASEMENT. 11.01 The existing physical boundaries of a Unit, or of a Unit reconstructed in substantial accordance with the description contained in this original declaration, are its legal boundaries, regardless of vertical or lateral movement of the building or minor variances due to shifting or settling_ 12.00 ASSOCIATION MAINTENANCE RESPONSIBILITY. 12.01 Common Elements. The Association shall undertake the maintenance and repair of the Common Elements, including Limited and Restricted Common Elements, the expense of all of which shall be allocated as described in the Act and this Declaration, except that each Unit Owner will be solely and directly responsible for the expense of replacement of broken glass in E:3 windows and doors of such Owner's Unit. The Association shall have the exclusive right to manage, maintain and alter the Common Elements, including the Limited Common Elements. 12.02 Services. The Association may obtain and pay for the services of any persons or entities, to manage its affairs, or any part thereof, to the extent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of the Real Estate, whether such personnel are famished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of the Real Estate or the enforcement this Declaration. The Association may arrange with others to furnish trash collection and other common services to each Unit. 12.03 Personal Property and Real Estate for Common Use The Association may acquire and hold for the use and benefit of all of the Owners certain tangible and intangible personal property and real estate and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of title to a Residential Unit provided that an Owner may delegate the right of enjoyment of such property to lawful occupants of such Unit. A transfer of title to a Unit shall transfer to the transferee Ownership of the transferor's beneficial interest in such property in accordance with the purpose for which it is intended, without hindering or encroaching upon the lawful rights of other Owners. The transfer of title to a Residential Unit under foreclosure shall entitle the purchaser to the beneficial interest in such property associated with the foreclosed Unit. 13.00 OWNERS' MAINTENANCE. 13.01 Upkeep and Maintenance. Each Owner shall undertake, at the expense of such Owner, the upkeep and maintenance of such Owner's Residential Unit and to the extent not otherwise maintained by the Association, of the assigned Limited Common Elements, and each Owner shall maintain the same free of hazardous materials and observe the safety of occupants of other Units. Every Owner must perform promptly all cleaning, maintenance and repair work within their Unit, which, if omitted, would affect another Unit or Units, being expressly responsible for the damages and liabilities that failure to do so may engender. The Association may from time to time specify reasonable standards for all such maintenance. Without limiting the generality of the foregoing, the Association may require an Owner to remove offending items, or to use a professional exterminator, and upon failure of the Owner to so do, Association after reasonable notice may enter the Unit with a professional exterminator or other appropriate contractor and take corrective action, charging the Owner of such Unit for the reasonable cost thereof. An Owner shall do no act or any work that will impair the structural soundness or integrity of the building, or impair any easement or hereditament, nor do any act nor allow any condition to exist which will adversely affect the Common Elements, the other Units, or their Owners. 13.02 Heating of Residential Units. For the purpose of preventing damage to and breakage of water, sewer and other utility lines and pipes in a Unit which might result in damage to an adjoining Unit, all Owners shall maintain the temperature in their Residential Units, at all times, at least at 55 degrees Fahrenheit (or such other reasonable temperature or standard as the Board of Directors may from time to time specify by written rule), subject, however, to the inability to maintain such temperature due to causes beyond the Owner's reasonable control. Any damage resulting from the refusal or failure of an Owner so to maintain such minimum temperature may be repaired by the Association and (unless due to causes beyond the Owner's reasonable control) the cost thereof assessed against the Unit of the refusing or failing Owner. However, if the failure to maintain such minimum temperature is due to causes beyond the Owner's reasonable control, the cost of such repair shall be a common expense. The Association may by rule require Units which are unoccupied for substantial periods of time during winter to use alarms which will detect abnormally low temperatures. 14.00 INSURANCE. CASUALTY AND EMINENT DOMAIN. 14.01 Association's Policies. Section 515B.3 -.113 of the Act requires the Association to maintain casualty insurance coverage on the Common Elements and Units. The same section also requires general liability coverage, authorizes the Association to carry any other insurance it considers appropriate, specifies minimum notice from an insurer prior to cancellation, specifies other provisions for such insurance, requires the Association or an insurance trustee to adjust all losses, and describes the Association's duty with respect to repair or rebuilding after casualty to Common Elements or Units. The provisions of the Act described in this paragraph may not be varied or waived, but are hereby supplemented, as follows_ The Association shall carry workers' compensation insurance whenever .it has eligible employees. The Association may carry fidelity insurance and shall do so whenever required by a holder, insurer or guarantor of a mortgage. C. The Association may enter into binding agreements with one or more holders, insurers or guarantors of mortgages obligating the Association to keep specified coverages in effect for specified periods and to notify a holder, insurer or guarantor of any changes to coverage. 14.02 Owners' Individual Policies. Each Owner must carry an individual Condominium Unit All Risk Homeowner's Policy (currently designated as an HO -6 policy in the case of residential policies) covering liability for accidents occurring within the Unit which is not covered by the Association's comprehensive blanket policy. In the event that the Unit is rented, then the Owner and /or Occupant shall be obligated to obtain the appropriate insurance to provide the necessary coverage required by this section. Personal property and attached items in a Unit, such as carpeting and other floor covering (such as stone, ceramic tile or hardwood flooring), wall coverings, light fixtures, plumbing fixtures, window treatments and all types of built -in appliances, cabinets, and millwork are not covered by the Association's blanket policy. The extent of the property included or excluded from the Association's blanket policy may be clarified by the Board from time to time by amendments to the Rules and Regulations, and each Unit Owner is responsible for conforming his or her individual coverage to such changes. All such policies shall contain waivers of subrogation and provide that the liability of the carriers 10 issuing such insurance obtained by the Association shall not be affected or diminished by reason of such individual insurance carried by any Owner. 14.03 Betterments. In all events, betterments or improvements made subsequent to the original construction by an Owner to the Owner's Unit shall be the responsibility of the Owner to insure separately (or by rider to a blanket policy at the consent of the Association), if the Owner desires the same insured. If the Trustee or mortgagee undertakes the reconstruction or remodeling of a Unit as above provided, the same need be restored only to substantially the same condition as the Unit was as of the completion of original construction. 14.04 Eminent Domain. As in the case of physical damage or destruction, the Association shall represent all Unit Owners with respect to any condemnation involving all or any part of this CIC, including the condemnation proceedings, and any negotiations, settlements, or agreements as part of the condemnation or in lieu of the condemnation, and all proceeds shall be payable in the first instance to the Association or an insurance trustee, for the benefit of Owners and mortgage holders. 14.05 Deductibles. The Association may, in the case of a claim for damage to a Unit, (i) pay the deductible amount as a common expense, (ii) assess the deductible amount against the Units affected in any reasonable manner, or (iii) require the Owners of the Units affected to pay the deductible amount directly. 15.00 ARCMECTURAL RESTRICTIONS. 15.01 Association Control. The Association shall have the exclusive control of the Common Elements (including Limited Common Elements) and no change shall be made to the Common Elements or to the exterior of any Unit, including changes in appearance or color, except by the Association or with the written authorization of the Association. 15.02 Windows. No films or coatings shall be applied to the interior or exterior of exterior windows which darken, make reflective or otherwise change the color or appearance of such windows as viewed from outside the Unit, without the prior written consent of the Association. All window treatments in a Unit which are visible from outside the Unit shall be of a light neutral color. The Association may from time to time prescribe one or more specific materials and colors. All window treatments shall be constructed for use as draperies, curtains or blinds, and no sheets or untailored materials shall be used as window coverings at any time. 15.03 Awnings. No awnings or shades shall be erected over and outside of the windows, nor shall any articles or structures be hung or placed on any outside window sills, without the prior written consent of the Association. 15.04 Porches. No shades, awnings or other types of sun screen or privacy fence shall be installed or placed on a porch or terrace except of a type approved by the Association. The color of the siding or trim within a porch or terrace shall not be changed from standard building colors. No double glass window inserts, sash inserts, extra screens, solid or opaque panels, frosted, colored or pattered glass, or other additions or changes to the original porches or terraces shall be 11 permitted, except in the case of a uniform modification to the entire building as authorized by the Association. 15.05 Wiring or Penetrations. No exterior wiring shall be installed nor shall there be penetrations of the walls, window frames or roofs of the exterior of the building except as authorized by the Association. 15.06 Mechanical and Electrical Equipment. No additional air conditioning or air cooling Unit shall be installed or placed in any part of a Unit other than that which was originally installed, without the prior written consent of the Association. In no case shall air conditioning or heating devices or equipment be installed or kept on the balconies. All ceiling fans and all other electrical fixtures installed in a Unit must comply with all applicable building codes and underwriting standards and other reasonable standards adopted by the Association. No oil -fired or other combustion type heaters shall be allowed in Units. 15.07 Structures on the Common Elements. No building, fencing, pools, dog runs or other structures which were not part of the original construction, nor any trees, bushes or substantial change in landscaping shall be erected or maintained on the Common Elements (including limited Common Elements) except with the written authorization of the Association. 15.08 Antennae. Except with prior written approval of the Association, no exterior television, radio, satellite, or microwave antenna of any sort shall be erected or maintained upon the Common Elements or the exterior of a Unit. However, any requirements with respect to satellite receiving antennas one meter or less in diameter shall be reasonable, shall not impair or degrade reception and shall conform to the Federal Telecommunications Act of 1 996. 16.00 RENTAL RESTRICTIONS. 16.01 Any lease between an Owner and a lessee shall provide that the terms of the lease shall be subject, in all respects, to the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and the Rules and Regulations of the Association, and any amendment thereof, and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease enforceable by the Association as well as the landlord. A lease of a Unit must be for an entire Unit, not a portion thereof. All leases of Units shall be in writing and a copy shall be filed with the Association prior to commencement of the term. No lease of a Unit may be for a period of less than thirty (30) days, nor provide for hotel type services. All leases shall be deemed to include, for the term of the lease, all of the Owner's Rights to use the recreational facilities, common rooms and open spaces of the C1C, and no Owner shall be permitted the use thereof unless in occupancy of a Unit. Other than the foregoing, there shall be no restrictions on the right of any Owner to lease a Unit. 17.00 GENERAL RESTRICTIONS. 17.01 Prohibition of Damage and Certain Activities. Nothing shall be done or kept on or in any Unit or any part thereof which would increase the rate of insurance on the Real Estate or any part thereof over what the Association, but for such activity, would pay, without the prior 12 written consent of the Association. Nothing shall be done or kept on or in any Unit or any part thereof which would be in violation of any statute, rule, ordinance, regulation, permit or other validly imposed requirement of any governmental body. No damage to, or waste of, the exterior of the Real Estate and building shall be committed by any Owner or any invitee of any Owner, and each Owner shall indemnify and hold the Association and the other Owners harmless against all loss resulting from any such damage or waste caused to the Association or other Owners by such Owner or the Owner's invitees. No noxious, destructive or offensive activity shall be allowed on or in any Units or any part thereof, nor shall anything be done thereon which may be or may become a nuisance to any other Owner or to any other person at any time lawfully occupying the Real Estate. No heating devices, refrigeration equipment, or other machinery which causes vibrations detectable from outside the Unit, is fuel- fired, or is otherwise inherently dangerous, noxious, or noisy, shall be installed or operated within any Unit. 17.02 No Unsightly Uses. No clothes, sheets, blankets, laundry of any kind, or other articles shall be hung out on any portion of a Unit so as to be visible from outside the Unit, nor shall a clothesline (including retractable clothesline) be installed or maintained on the Common Elements, on a balcony or on the exterior of any Unit. 17.03 Animals. No pets shall be permitted to be kept on the Real Estate by any Owner or occupant except conventional domesticated- animals. No kennel, dog house or outside run shall be constructed or maintained on the Real Estate without the written authorization of the Association, which may be denied for any reason. No pet shall be kept for any commercial purpose nor shall pets be bred for a commercial purpose upon the Real Estate. Any cat or dog, whenever outside of a Unit, must be kept under the direct control of the pet Owner or another person able to control the pet. The person in charge of the pet must clean up after it. The Board may adopt more specific rules and penalties not inconsistent with the foregoing. Upon the vote of Owners representing at least sixty -seven percent (67 %) of the votes of the Association, the Board may order the removal of a particular dog for constant and uncontrolled barking, or of any particular animal for repeated instances of wandering unleashed or other repeated behavior reasonably offensive to others, provided that the Owner of the Unit harboring the animal shall first have thirty (30) days' written notice in which to correct the offensive behavior. 17.04 1M. No sign of any kind shall be displayed to the public view on any Unit: a. Designations, in such styles and materials as the Board shall by regulation approve, of street addresses and names of occupants; b. A "For Sale" sign may be displayed provided that it is in such styles and materials as the Board shall by regulation approve; and C. Declarant shall be permitted to erect and maintain upon the Real Estate such signs as it deems necessary to advertise the development during the construction and sale periods. 17.05 Noises. Unit Owners and occupants shall not make noises, play instruments or operate radios, televisions, or amplifiers in a way that may disturb other residents, or otherwise 13 create disturbances to the peace and tranquility of the building. No nuisance shall be allowed on the CIC nor shall any use or practice be allowed which is a source of annoyance to the other Owners or which interferes with the peaceful possession or proper use of the CIC by all Unit Owners. 17.06 Outside Storage. Outside storage of any items, including but without limiting the generality of the foregoing, sporting equipment, toys, outdoor cooking equipment (except seasonal furniture and one gas or charcoal grill per Unit placed on the Unit's Limited Common Elements, if allowable by applicable ordinance), yard and gardening tools and equipment, and trash and garbage containers shall not be allowed. The Association may prohibit or regulate by rule any open storage of items within a Parking Stall. 17.07 Non - Interference. No part of the Common Elements shall be used by anyone in such a manner so as to interfere with the use and enjoyment of the Units or the Common Elements. No part of the Common Elements 'shall be used by the Owners for the erection, placing or maintenance of clotheslines, incinerators, garbage disposal equipment, recreation or athletic equipment, tents, fences or other barriers or for the placing or disposal of rubbish, garbage or waste without the prior written consent of the Board of Directors. 17.08 Cable System Access. In the event the Board of Directors authorizes any sort of master cable or community television or data system, each Owner hereby authorizes access to his or her Unit upon reasonable notice for the purpose of installing the conduits and fixtures necessary to serve such Unit, without regard to whether the Owner then elects to subscribe to or use such system. 17.09 Bicycles. Bicycles shall not be left untended on the Common Elements, and shall not be stored on any patios or decks. 17.10 Rules and Regulations. The Board of Directors may from time to time adopt, promulgate and publish other rules of conduct reasonably relating to the enjoyment of the CIC by Owners and occupants, including rules for the use of recreational facilities and amenities, provided that no such rules and regulations may have the effect of contradicting a provision of this Declaration or the Bylaws. 17.11 No Additional Units. Neither the Declarant nor any other Unit Owner is permitted to create any additional Units by subdivision or conversion under the Act. 17.12 No Time Shares. Time Shares, as defined in the Act, are not permitted in this CIC. 18.00 FIRST MORTGAGEES. 18.01 Precedence. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. 18.02 Notice of Action. Any mortgagee and any insurer or guarantor of a first mortgage on a Unit who has advised the Association in writing of its name and address and the address of 14 the Unit covered by such mortgage, and in said writing has requested the Association to notify it of any of the following, will be entitled to timely written notice of a. Any condemnation loss or any casualty loss which affects a material portion of the project or any Unit on which there is a first mortgage held, insured, or guaranteed by such mortgage holder or insurer or guarantor, as applicable; b. Any delinquency in the payment of assessments or charges owed, or any other default in the performance of any obligation under this Declaration, the Bylaws, or Articles of Incorporation by an Owner of a Unit subject to a first mortgage held, insured, or guaranteed by such holder or insurer or guarantor, which remains uncured for a period of sixty (60) days; C. 'Any lapse, cancellation or material modification of any insurance policy maintained by the Association; d. Any proposed action which would require the consent of a specified percentage of mortgage holders as specified in Section 21.03 below. 18.03 Examination of Books and Records. First mortgagees and holders, insurers and guarantors of first mortgages shall have the right to examine the books and records of the Association, as set forth more fully in the Bylaws. 18.04 Designation of Representative. Any holder of a first mortgage on a Unit may designate a representative to attend meetings of members. 19.00 SPECIAL DECLARANT RIGHTS. 19.01 Special Declarant Rights. Declarant hereby reserves the following rights (referred to in the Act as Special Declarant Rights) for its benefit: a. the right to enter the common elements and complete improvements indicated on the CIC Plat, planned by the Declarant consistent with the disclosure statement or authorized by the municipality in which the CIC is located; b. the right to create Units by this Declaration and the right to improve those existing Units before the same are sold; C. the right to maintain sales offices, management offices, signs advertising the CIC, and models, provided that no more than one combined sales and management office and no more than two model units will be maintained at any one time; d. the right to use easements through the common elements for the purpose of making improvements within the CIC; 15 0 e. the right to appoint or remove any officer or director of the Association during the period of Declarant control, which shall expire on the earliest of the following events: I . Five years after the date of the first conveyance of a Unit to a Unit Owner other than a Declarant; 2. The Declarant's voluntary surrender of control by giving written notice to the Unit Owners pursuant to Section 5) 5B.1 -115 of MCIOA; or . 3. The conveyance of 75% of the Units to Unit Owners other than a Declarant. f. the right to add Additional Real Estate as set out in Section 21.01 below. 20.00 ADDITIONAL REAL ESTATE 20.01 Declarant's Rights to Add Additional Real Estate. There is no additional real Estate that Declarant will add. 21.00 AMENDMENTS. 21.01 Statutory Requirements. The Act specifies the requirements for amending this Declaration. 21.02 Declarant's Joinder. In addition to the other requirements for amendment of this Declaration and the Bylaws contained herein, the written joinder and consent of the Declarant shall be required for any amendment of either this Declaration or the Bylaws which shall abolish, diminish or restrict Declarant's rights hereunder to complete improvements, to maintain sales and management offices and models or to maintain signs and advertise the project, until the last conveyance of a Unit to an Owner other than Declarant. This right may be waived in whole or part at any time by recording a written waiver executed and acknowledged by Declarant. 21.03 Mortgagee Approval. In addition to all other requirements set forth herein, and except when a higher percentage is required by law or this Declaration, amendments to this Declaration of a material nature must be agreed to by Unit Owners who represent at least 67% of the total allocated votes in the Association and by mortgage holders who have submitted a written request to the Association to be notified of any proposed action requiring consent of mortgage holders, who represent at least 51 % of the votes ascribed to Units that are subject to mortgages held by such mortgage holders. A change to any of the provisions governing the following matters would be considered material: a. voting rights; b. increases in assessments that raise the previously assessed amount by more than 25 %, assessment liens, or the priority of assessment liens; 16 C. reductions in reserves for maintenance, repair, and replacement of Common Elements; d. responsibility for maintenance and repairs; e. reallocation of interests in the general or limited Common Elements, or rights to their use; f redefinition of any Unit boundaries; g. convertibility of Units into Common Elements or vice versa; h. expansion or contraction of the project, or the addition, annexation, or withdrawal of property to or from the project; hazard or fidelity insurance requirements; j. imposition of any restrictions on the leasing of Units; k. imposition of any restrictions on a Unit Owner's right to sell or transfer his or her Unit; 1. a decision by the Association to establish self management if professional management had been required previously by the holder of a first mortgage on a Unit; M. restoration or repair of the project {after damage or partial condemnation} in a manner other than that specified in this Declaration; or n. any provisions that expressly benefit mortgage holders, insurers, or guarantors. 22.00 WORKING CAPITAL FUND. 22.01 Establishment. The Declarant shall establish an Association working capital fund intended to meet unforeseen expenditures or to purchase any additional equipment or services. At the time control of the Association is transferred to Owners, the working capital fund shall be transferred to the Association for deposit in a segregated fund. The fund shall be initially established at an amount equal to two months' assessments on all Units. The amount attributable to a particular Unit will be collected and deposited in the fund at the time of closing of Declarant's sale of the Unit, provided that when control of the project is transferred to Owners, the amounts attributable to all Units which have not then closed shall be collected. A contribution from each Unit to the working capital fund is measured by two months' assessments, but amounts paid into the fund are not advance payments of regular assessments. 22.02 Declarant's Accounting. This working capital fund is the property of the Association, and is not to be confused with any earnest money agreed upon between the 17 _I Declarant and buyers of Units. The Declarant may not use the Association working capital fund to defray any of its expenses, reserve contributions or construction costs or to make up any budget deficits while it is in control of the Association. When unsold Units are sold, however, the Declarant may reimburse itself from proceeds collected at a Unit closing for money it paid the Association for that Unit's share of the working capital fund. 23.00 MISCELLANEOUS. 23.01 Right to Cure. In the event that any Owner violates any covenant or fails to perform any condition contained in this Declaration, the Association may perform the act, remove the defect or correct the violation upon thirty (30) days written notice to the Owner. If the Association so acts on behalf of an Owner, the Association may levy an assessment against the Owner's Unit for the cost of the performance or correction. 23.02 Association Acts through Board. The power and authority of the Association as provided in the applicable Statutes, this Declaration, the Bylaws, and the Rules and Regulations shall be vested in a Board of Directors elected by the Owners in accordance with the Bylaws of the Association. The Association shall act through the Board of Directors and the officers elected by the Board; accordingly, all references in this Declaration and the Bylaws to action, consent or discretion by the Association shall mean the Board of Directors acting for the Association, unless action by the vote of the Owners, members or mortgagees is expressly required by this Declaration or the Bylaws. 23.03 Notices. Any notice required to be sent to any Member of the Association (or Owner) under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postage prepaid, to the last known address of such Member appearing on the records of the Association at the time of such mailing. In the case of multiple Owners of a Unit, notice to any one of such Owners shall be deemed notice to all. 23.04 Captions. The headings in this Declaration are intended for convenience only and shall not be given any substantive effect. 23.05 Construction. In the event of an apparent conflict between this Declaration and the Bylaws, the provisions of this Declaration shall govern. The use of pronouns such as "his ", "he" and "him" are for literary purposes and mean whenever applicable the plural and female forms. 23.06 Not Subject to Ordinance. This CIC is a conversion CIC within the meaning of Minnesota Statutes Section 5158.1 - 106 (c), and has complied with all applicable local ordinances and conditions. 23.07 Rights of Action. In addition to all other remedies and rights set forth in the Act, the Association, and any one or more aggrieved Unit Owners, shall have the right of action against Unit Owners who fail to comply with the provisions of this Declaration and the Bylaws or the decisions of the Association, and one or more Unit Owners shall also have such rights of action against the Association for any failure to comply with or enforce such provisions. 18 23.08 Declarant's Rights and Obligations. The Declarant shall enjoy the same rights and shall be deemed to have assumed the same duties with respect to its unsold Units in the CIC as any other Owner, except as modified or extended by the alternate assessment program and the special Declarant rights described in this Declaration. {Signatures to follow on next page) 19 IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year recited on the first page hereof. WILLOW GREENS, LLC. By: Its: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was ai4; is `� day of 2007 by Joel Groethe, ns, LLC, a Minnesota limited iability corporation, on behalf of th PAULA fFIJU NNING NtU TAkY INNESOTA IWI "Y ""')- n. 31, 2010 J THIS INSTRUMENT DRAFTED BY: Thomas P. Harlan Madigan, Dahl & Harlan, P.A. 701 Fourth Avenue South Suite 1700 Minneapolis, Minnesota 55415 (612) 604 -2000 20 EXBIBIT A Legal Description Lots 10 and 11, Block 1, BERTELSEN ADDITION 21 EXHIBIT B Percentaee Ownershi 22 % OF UNIT NO. WHOLE `104A 4.65 ` 105A 6.32 103A 4.65 ` 102A 4.69 �IOIA 4.69 204A 4.65 ` 205A 6.32 203A 4.65 202A 4.69 ` 201 A 4.64 10113 4.69 102B 4.69 103B 4.65 104B 4.65 105B 6.32 201 B 4.69 202E 4.69 203B 4.65 204B 4.65 205B 6.32 TOTALS 100.00 22 89 89 89 90 ) �> 135 70 150 c 286.25 179 0` 30 30 0 238.7 186.64 o3 oo 9 N N •. b o (9) (4) �� N A n W� 49 ...• ��� — 227.13 row 5 =300° 5 62.83. (5) m 8 m N tib� o� (3) P (85) (� 110.85 176,44 287,29 6 83 m no OUTLOT 2 m (23) © 10 8636 5,� W N 3 N Mp�P� p AR i ti N 1f O 0 I 1J i 196.88 V CP OUTLOT I \ (22) 1 (20) 6 ((L 30. Q P z9 >; �S 61 ,q 0 �S. �`rS prno e yE C, s - ss