HomeMy WebLinkAboutLake View Condo_46000990980000_Conditional Use Permits_10-07-19927r \0-1-\qq2.
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742244
APPLICATION FOR CONDITIONAL USE PERMIT
Shoreland Management Ordinance
Otter Tail County
Fergus Falls, Minnesota 56537
/
Receipt No.
Jt oo■7S'Application Fee $
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MiddleFirstLast Name UiorlS
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Zip No.StateCityStreet & No
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su-3Ma Lake ClassLake NameLake No.
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of CT '339-
Fire # or Lake ID # An\r_^ VQCQD^ lo^SLegal Description:
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Parcel Number
EXPLAIN YOUR REQUEST:
(LDT^s>'VTvxc'V^o^^ S Cc>rvdc>s Va^nc^sca Ac^ ^ Ac^
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Office of CoLiuy Rc’ccrder
County of Otter Tail
• Iwiby MfttV BHt witWn in!*um«nt
tor rieord In W8 office was IMsi
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o* <W)f MIerofflmed
County'//O Oeouty
In order to properly evaluate the situation, please provide as much supplementary information as possible, such as: maps, plans,
information about surrounding property, etc. APPLICANT SHALL BE PRESENT AT THE SCHEDULED HEARING.
I understand that I have applied for a Conditional Use Permit from Otter Tail County.
I understand I must contact my township in order to determine whether or not any additionai permits are required by the
township for my proposed project.
\AuA\snac-W/VJ
Application dated . X
Signature Of Applicant j- DO NOT USE SPACE BELOW -
(Xuitr. 7 7^auDate of hearing:
The Planning Commission recommends to the County Board of Commissioners the following:
AppfLOvzd aZloMlng 5 uyLctL, bexng 175' the lake 06 Aeqaiaed by the B.A.;
Appltcant6 oAe to provide a ^tnal plan tncUcatUng how all o^ the SMO
AeqcuAement6 will be met (t.e. docking, landscaping, efioslon/fmn-oH contAol,
tk. .o.^nant, e^e. 1. /jAtf.
Chairman /
Time:19
^bSACtLM 19L^The County Board of Commissioners on this
Approves the request as recommended by the Planning Commission.
Denies the request.
day of , hereby:
v:
Approves as follows:
Chairman
Conditional Use Permit issued in accordance with compliance with existing Conditional Reauirements and Special Regulations andil Reauirements/ { Cu l Ic\I uMinnesota Commissioner of Natural Resources notified this.day of . 19
S Resource Management u
Otter Tail County. Minnesota
522^LaJ aSiHaa/^i^CONDITIONAL USE PERMIT NO.,
I (Daie/lnitiaMC
Land Resource Management Official•a
mailed copy of Application to Applicant.
MKI___ 0390-006I M258.370 — Victor Lundeen Co.. Printers. Fergus Falls, Minnesota
f OtterTa^l County Board of Commissioners
'Sarch 3, 1993
Page 3r
It Is Hereby Resolved, by the Board of County Commissioners of Otter Tail County on
March 3, 1993, that the State's proposed acquisition of the above described property be
approved.
Adopted this 3rd day of March, 1993, in Fergus Falls, MN.
OTTER TAIL COUNTY BOARD OF COMMISSIONERSDated:
By
Malcolm K. Lee, ChairmanAttest:
Larry Krohn, Clerk
Conditional Use Permit
Motion by Stone, seconded Portmann and unanimously carried to approve the Conditional
Use Application of Randal and Joan Hutmacher, Otter Tail Lake, as recommended by the
Planning Commission.
Proposed Shoreland Management Ordinance Am«ntin»enta
Motion by Stone, seconded Portmann and unanimously carried to authorize the Planning
Commission to set a date for a public hearing on the proposed Shoreland Management
Ordinance Amendments.
Commissioner Windels excused himself at 1:00 p.m.
Approval to Pay Bills
Motion by Stone, seconded Portmann and unanimously carried to approve payment of bills
per Attachment A of these minutes.
Motion by Lindquist, seconded Stone and unanimously carried to approve payment of
$119.44 to The Sandpiper and $52.00 to Dewey Randleman of Lake Region Hospital.
Performance Evaluations
Motion by Portmann, seconded Lindquist and unanimously carried to adopt a policy to
place a written summary of performance evaluations in the individual's personnel file
after such evaluation has been conducted by the Board.
Performance Evaluation Summary
The Board reported that the performance evaluations of Bill Kalar, Land & Resource
Director, and Mike Hanan, Solid Waste Director, were both positive.
Closed to Public
At 1:30 p.m. Chairman Lee declared the meeting of the Otter Tail County Board of
Commissioners closed to the public for the purpose of discussing Attorney-Client issues
regarding the tax appeal of Mills Fleet Farm and the matter of Rosa Kawlewski v.
Ralph Haman/Otter Tail County. Attorney-Client Privilege is authorized by M.S. 471.705,
Subd. Id.
i
f
Irvine, Ramstad, Bribbs & Karkela
A Professional Association
ATTDRNEYS AT LAW
45B WEST MAIN STREET, (P.B. BOX 1 60)
PERHAM, MINNESOTA 565V3
(2 1 B) 346-4995 FAX: (2 1 B) 346-4405
DETROIT LAKES OFFICE:
HENRY N. JENSON
( 1 BB4-1 962)
PERHAM OFFICE:
PETER M. IRVINE
TERRY A. KARKELA*AND
ROBERT W. IRVINE
JAMES O. RAMSTAD
WILLIAM H. BRIBBS
CHARLES J. RAMSTAD
RICHARD E. ZIEBLER
1 1 4 WEST HOLMES STREET, (P.O. BOX 6B3)
DETROIT LAKES, MINNESOTA 565D1
(2 1 B) B47-5653 FAX: (2 1 B) B4V-24D6REPLY TO: PERHAM
November 3, 1992 JON L. EDWARDS
LEGAL ASSISTANT
0 3 J992
o
Bill Kalar
Land & Resource Management
Otter Tail County Courthouse
Fergus Falls, MN 56537
Re:Conditional Use Application, Otter Tail Lake (56-242)
Hutmacher Condominium
Dear Mr. Kalar:
Enclosed is the revised Declaration of Condominium.Paragraph
3 has been revised to prohibit any additional buildings, to set
forth the square footage occupied by the units and to require
that at least 50% of the total area always remain as open
space, free of all improvements, roads and parking areas.
Paragraph 1(a) has been revised to Include the total square
footage of the lots and paragraph 1(b) to include the name and
address of the Hutmachers and the condominium name.Paragraph
9(e) has been revised to include the shore impact zone as an
area that must be preserved and maintained without change or
alteration.Finally, paragraph 9(f) has been revised to
prohibit the continuous or overnight docking or mooring of more
than five (5) boats.
The Hutmachers will contact you to include the location and
size of the swimming area on the plan and to include the scale,
north point, the date of the drawing as well as the usage of
the adjacent property,
remaining concerns so that the matter may still be approved by
the County Board on November 4.
I believe this will resolve all of your
Very truly yours.
IRVINE, R>mSTAD, BRIGGS
Terry
TAK/gsh
Enel.
*REAL PROPERTY LAW SPECIALIST CERTIFIED 0Y THE MINNESOTA STATE BAR ASSOCIATION
■ tX
BY-LAWS OF
LaVve. MVfix) CoudcminiCtOfv^
Section 1. ___________
B\mf\ Hp\aV>V; LqV K \
referred as Otter Tail County Condominium Number
, hereinafter called the "condominium", has
been submitted for condominium ownership under the
provisions of the Uniform Condominium Act of the State of
Minnesota.
Location.The property located at
Section 2. Applicability of By-Laws. The provisions
of these By-laws are applicable to the condominium and to
the use and occupancy thereof. The term "condominium
property" as used herein shall include the land,
condominium unit building, garages, and all other
structures now or hereafter erected or situated upon the
land including without limitation all improvements,
fixtures, equipment, and machinery appurtenant to or used
in connection therewith and also including all parking
lots, driveway paving, access cuts, parking lot numbering,
parking lot lighting, now or hereafter situated upon said
land.
Section 3.Application.All present and future
owners, mortgagees, lessees, occupants of apartment units,
and any other persons who may use the facilities of the
condominium in any manner are subject to these By-laws, the
Declaration and rules and regulations pertaining to the use
and operation of the condominium property which may be
adopted by the owners' Association from time to time,
acceptance of a deed or conveyance shall constitute an
acceptance of the provisions of these instruments and an
agreement to comply therewith.
The
The initials office of theOffice.Section 4.
condominium shall be located at SV\
ARTICLE II.
The condominium
Association shall be governed by a Board of Directors
consisting of at least three (3) members
Association. Until sixty (60) days after apartment units
representing seventy-five percent (75%) or more in common
Board of Directors.Section 1.
of the
1
' n'
interest shall have been sold, the Declarant or persons designated by
it may elect the members ■ of the Board' of Directors: provided,
however, that not later than sixty (60) days after conveyance of Fifty
Per cent (50%) of the units to unit owners other than the Declarant,
not less than Thirty-three and one-third Per cent (33 1/3%) of all
members of the Board of Directors shall be elected by unit owners
other than the Declarant and provided, further, that no later than
sixty iX^O) days after conveyance of Seventy-five per cent (75%) of
the units to owners othe$, than the Declarant, such unit owners shall
meet and shall elect a Board of Directors consisting of unit owners
who shall take office upon such election. Provided further that
regardless of the number of units sold. Declarant's control of the
Board of Directors shall cease three years after the date the
Declarant first elects members to the Board of Directors of the
Association or until such time as Declarant elects to terminate
its control of the condominium, whichever shall first occur.
Section 2. Powers and Duties. The Board of Directors shall
have the powers and duties necessary for the administration of the
affairs of the condominium as provided herein and as provided by
the Articles of Incorporation of the Association, except such powers
and duties as by law or the declaration or by these By-laws may not
be delegated to the Board of Directors by the unit owners. The
powers and duties to be exercised by the Board of Directors shall
include, but shall not be limited to, the following;
Operation, care, upkeep and maintenance of the common(a)
elements; -
Determination of the amounts required for operation,
maintenance and other affairs of the condominium;
(b)
(c) Collection of the cotnmon cliargcs from ilic unit owners;
(d) Employment and dismissal of the personnel as necessary .
for the efficient maintenance and operation of the condominium;
(e) Adoption and amendment of rules and regulations covering
the details of the operation and use of the condominium property;
(f) Opening of bank accounts on behalf of the condominium
designating the signatories required therefor;
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(g) Purchasing, leasing or otherwise acquiring in the name of
the Association or its designee, corporate or otherwise, on behalf of
all unit owners, apartment units offered for sale or lease or
surrendered by the owners to the Board of Directors;
(h) Purchasing apartment units at foreclosure or other judicial
sales in the name of the Association on behalf of all unit owners;
Selling, leasing, mortgaging or otherwise dealing with
apartment units acquired by the Association on behalf of all unit
owners;
(i)
G)Organizing corporations to act as designees of the
in acquiring title to or leasing of apartment units onAssociation
behalf of all unit owners;
(k) Obtaining insurance on the condominium property;
Making repairs, additions and improvements to or
alterations of the condominium property after damage or destruction
by fire or other casualty;
(1)
Section 3. Managing Agent. The Board of Directors may
employ for the condominium a managing agent at a compensation
established by the Board of Directors to perform such duties and
services as the Board of Directors shall authorize.
Section 4. Election and Term of Office. Except for the initial
Board of Directors which shall consist of one (1) individual as
specified in Article VI of the Articles of this corporation, the Board
of Directors shall otherwise consist of at least three (3) members who
shall be elected to staggered terms consisting of a one-year Director,
two-year Director, and three-year Director. New Directors shall be
elected in each year as their respective terms expire.
Section 5. Removal of Director. At any regular or special
meeting of the unit owners, any one or more of the members of the
Board of Directors may be removed with or without cause by a
majority of the unit owners, and a successor may then and there or
thereafter be elected to fill the vacancy thus created.
Vacancies in the Board of Directors
caused by any reason other than the removal of a member thereof
Section 6. Vacancies.
3
by a vote of the unit owners shall be filled by a vote of a majority of
the remaining members at a special meeting of the Board of Directors
held for that purpose promptly after the occurrence of any such
vacancy, even though the members present at such a meeting may
constitute less than a quorum and each person so elected shall be
elected and shall be a member of the Board of Directors for the
remainder of the term of the members so removed and until a
successor shall be elected at the next meeting of the unit owners.
Section 7. Organizational Meeting. The first meeting of the
members of the Board of Directors following the annual meeting of
the unit owners shall be held within ten days thereafter at such time
and place as shall be fixed by the unit owners at the meeting at
which the Board of Directors should have been elected.
Section 8. Regular Meetings. Regular meetings of the Board of
Directors may be held at such time and place as shall be determined
from time to time by a majority of the members of the Board of
Directors, but at least two such meetings shall be held during each
fiscal year. Notice of regular meetings of the Board of Directors shall
be given to each member of the Board of Directors by mail or hand
delivery at least ten (10) business days prior to the day named for
such meeting.
Section 9. Special Meetings. Special meetings of the Board of
Directors may be called by the president on three (3) business days'
notice to each member of the Board of Directors given by hand
delivery or mail, which notice shall state the time, place and purpose
of the meeting. Special meetings of the Board of Directors shall be
called by the president or secretary in like manner and on like notice
on the written request of any one member of the Board of Directors.
Section 10. Waiver of Notice. Any member of the Board of
Directors may, at any time, waive notice of any meeting of the Board
of Directors in writing, and such waiver shall be deemed equivalent
to the giving of such notice.
Section 11. Quorum. At all meetings of the Board of Directors,
a majority of the members thereof shall constitute a quorum for the
transaction of business, and the votes of a majority of the members
of the Board of Directors present at a meeting at which the quorum is
present shall constitute the decision of the Board of Directors;
4
• • i
provided, however, that at least two directors shall be present at any
meeting.
Section 12. Liability of the Board of Directors. The members of
the Board of Directors shall not be personally liable to the unit
owners for any mistake of judgment, negligence, or otherwise except
for their own individual willful misconduct or bad faith.
ARTICLE III.
Unit Owners
Section 1. Annual Meetings. Promptly after apartment units
representing Seventy-five per cent (75%) or more in common
interest shall have been sold by the Declarant, or the termination of
Declarant's control as provided herein, the first annual meeting of the
unit owners shall be held within sixty days on a call issued by the
Chief Executive Officer. At such meeting, those directors elected by
the Declarant and those officers selected by the directors shall resign,
and all unit owners (including the Declarant if the Declarant
continues to own any apartment units therein) shall elect a new
Board of Directors.Provided further, however, that even if the
required percentage of units have not been sold, the first annual
meeting shall be held no later than three years from the date of the
first sale. Thereafter, the annual meetings of the unit owners shall
be held at a time to be determined by the Board of Directors. Such
annual meeting shall be held at least once each year.
Section 2. Place of Meeting. Meetings of the unit owners shall
be held at a suitable place convenient to the owners which place
shall be designated by the Board of Directors.
Section 3. Special Meeting. It shall be the duty of the Chief
Executive Officer to call a special meeting of the unit owners if so
directed by resolution of the Board of Directors or upon a petition
signed and presented to the Chief Financial Officer by unit owners
owning a total of at least 50% of the units. The notice of any special
meeting shall state the time, place and purpose of the meeting.
Section 4. Notice of Meeting. The Chief Financial Officer shall
mail to each unit owner of record a notice of each annual meeting of
the unit owners at least twenty-one (21) days prior to such meeting,
stating the purpose thereof as well as the time and place where it is
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The notice shall be hand delivered or sent by Unitedto be held.
States mail to all unit owners of record at the address of the
respective units and to other addresses as any of them may have
designated to the Chief Financial Officer. The mailing of the notice of
meeting in the manner provided in this section shall be considered
service of notice. Notice of special meetings shall be given in the
same manner not less than seven (7) days prior to such meeting.
Section 5. Adjournment, If any meeting of unit owners cannot
be held because a quorum has not attended, a majority in common
interest of the unit owners who are present at such meeting, either
in person or by proxy, may adjourn the meeting to a time not less
than 48 hours from the time the original meeting was called.
Section 6. Order of Business. The order of business at the
meeting of the unit owners shall be as follows;
(a) Roll call of the unit owners;
(b) Secretary’s proof of notice of meeting having been mailed;
(c) Reading of minutes of the preceding meeting;
(d) Report of the Board of Directors;
(e) Report of committees, if any;
(f) Election of members of the Board of Directors when this is
required;
(g) Unfinished business;
(h) New business.
Section 7. Title to Apartment Units. Title to apartment units
may be taken in the name of an individual, in the names of two or
more persons as tenants in common or as joint tenants, or in the
name of a partnership or corporation.
The owner or owners of each apartment
unit or some person designated by such owner or owners to act as
proxy on their behalf and who need not be an owner, shall be
entitled to cast one vote for each such apartment unit at all meetings
Section 8. Voting.
6
of unit owners. The designation of any such proxy shall be made in
writing to the Chief Financial Officer and shall be revocable at any
time by written notice to the Chief Financial Officer by owner or
owners so designated. The total number of votes of all unit owners
shall be eight (8), and each unit owner, including the Declarant if
Declarant shall hold title to one or more apartment units, shall be
entitled to cast one vote at all meetings of the unit owners. In the
event a unit is owned by more than one person, the designation of
the person to act as proxy shall be made by the owners. If the unit
is owned by more than two persons, the majority of them shall
designate by proxy. In the event of a disagreement between owners,
the proxy shall be decided by a coin flip. The proxy designation shall
continue for twelve months from its execution.
Secdon 9. Majority of Unit Owners. As used in these By-laws
the term "majority of unit owners" shall mean those unit owners
having more than 50% of the total authorized votes of all unit
owners, present in person or by proxy, and voting at any meeting of
the unit owners.
Section 10. Quorum. Except as otherwise provided in these By
laws, the presence in person or by proxy of unit owner.s, having
5/8th of the total authorized votes of all unit owners shall constitute
a quorum at all meetings of the unit owners.
Section 11. Majority Vote. The vote of a majority of unit
owners in a meeting, at which a quorum shall be present, shall be
binding upon all unit owners for all purposes except where a higher
percentage of voting is required by law.
ARTICLE IV.
Officers
The principal officers of theDesignation.Section 1.
condominium Association shall be the Chief Executive Officer and the
Chief Financial Officer and one Assistant to each of said offices, all of
whom shall be elected by the Board of Directors. The Chief Executive
Officer must be a member of the Board of Directors,
individual may hold the same office.
No one
Officers shall be elected
annually by the Board of Directors at the organizational meeting of
Section 2. Election of Officers.
7
ARTICLE V.
Operation of the Properties
Section 1. Annual Report: Common Expenses and Charges:
A. Annual Report:
The Board of Directors shall prepare an annual report and a
copy of said report shall be provided to each unit owner. The annual
report shall contain a minimum of the following;
i. A statement of any capital expenditures in excess of Two Per
cent (2%) of the current budget or $5,000, whichever is greater,
anticipated by the Association during the current year or succeeding
two fiscal years.
A statement of the status and amount of any reserve or
replacement fund and portion of the fund designated for any
specified project by the Board of Directors.
11.
A copy of the statement of financial condition for the
Association for the last fiscal year.
111.
iv. A statement of the status of any pending suits or judgments
to which the Association is a party.
A statement of the insurance coverage provided by theV.
Association.
vi. A statement of any unpaid assessments by the Association
on individual units identifying the unit number and the amount of
the unpaid assessment.
B. Common Expenses and Charges:
The Board of Directors shall from time to time and at least
annually, prepare a budget for the condominium, determine the
amount of the condominium charges to meet the common expenses
of the condominium, and allocate and assess such common charges
against the unit owners according to their respective - common
interests.
the cost of all insurance
The common expenses shall include, among other things,
premiums on all policies of insurance
9
required to be or which have been obtained by the Board of
Directors. The common expenses may also include such amounts as
the Board of Directors may deem proper for the operation and
maintenance of the condominium property, including, without
limitation, an amount reserved for the working capital of the
condominium, if such is necessary in the opinion of the Board of
Directors, and to make up any deficit in the common expenses for
any prior year. The Board of Directors shall advise each unit owner
in writing of the amount of common charges payable by such unit
owner, and shall furnish copies of each budget on which such
common charges are based to all unit owners.
Section 2. Insurance. The Board of Directors shall be required
to obtain and maintain to the extent obtainable, insurance as
provided under Minnesota Statutes 515A.3-112, a copy of which is
attached to these By-laws and made a part hereof and identified as
Exhibit A.
damage or destruction are likewise made a part of these By-laws.
Provisions contained therein for repair in the event of
Section 3. Assessment and Payment of Common Charges. All
unit owners shall be assessed and personally obligated to pay the
common charges assessed by the Board of Directors at such time as
the Board of Directors shall determine. Assessments shall be levied
at least annually and shall be based on a budget adopted at least
annually by the Association. A purchaser of an apartment unit shall
be liable for the payment of common charges assessed against such
apartment unit prior to the acquisition by the purchaser of such unit
except that a mortgagee or other purchaser at a foreclosure sale shall
not be liable for and such apartment unit shall not be subject to a
lien for the payment of common charges assessed prior to the
foreclosure sale.
Section 4. Collection of Assessments. The Board of Directors
shall take prompt action to collect from a unit owner any common
charge due which remains unpaid by him or her for more than thirty
(30) days after the due date for its payment.
Section 5. Default in Payment of Common Charges. In the
event of default by any unit owner in paying to the Board of
Directors the assessed common charges, such unit owner shall be
obligated to pay interest on the past due assessment or installment
thereof at the rate established by the Association not exceeding the
rate of interest provided in Minnesota Statute §549.09 from the due
10
date thereof, together with all expenses, including attorneys fees,
incurred by the Board of Directors in any proceeding brought to
collect such unpaid common charges. The Board of Directors shall
have the right and duty to attempt to recover such common charges,
together with interest thereon, and the expenses of the proceeding
including attorneys fees, in an action brought against such unit
owner or by foreclosure of the lien in such apartment unit all
pursuant to the provisions of Minnesota Statutes 515A.3-115.
Section 6. Abatement of Violations. The violation of any rule
or regulation adopted by the Board of Directors or the breach of any
By-law contained herein, or the breach of any provision of the
Declaration shall give the Board of Directors the right in addition to
other rights set forth in these By-laws, to enter the apartment unit in
which or as to which such violation or breach exists and to
summarily abate and remove, at the expense of the defaulting unit
owner, any structure, thing, or condition that may exist therein,
contrary to the intent and meaning of the provisions hereof and the
Board of Directors shall not thereby be deemed guilty in any manner
of trespass; or to enjoin, abate or remedy such thing or condition by
appropriate legal proceedings.
Section 7. Maintenance and Alteration
(a) Bv the Association. Maintenance, repair, management and
operation of the common areas is the sole responsibility of the
Association and no member shall perform the same. The Association
may delegate to persons, firms or corporations its duties and
responsibilities. The Association shall repair all incidental damage to
a unit by any maintenance, repair, alteration or improvement.
The unit owners shall be responsible(b) Bv the Unit Owners.
for the the following:
To maintain, repair and replace, at his expense, his
unit and do routine maintenance of the limited common areas, as to
which his unit has exclusive use;
1.
Not to paint or otherwise decorate or change the
appearance of any portion of a building not within the walls of his
unit without written consent of the Board of Association;
2.
1 1
3. To promptly report to the Association any defects or
need for repairs; and
4. Not to make any alteration, addition or removal of any
portion of any building which is to be maintained by the Association
or do anything that would affect the safety or soundness of the
building nor impair any easement.
Use of Apartment Units.
occupancy of the condominium property which will be to the benefit
of all residents and for the protection of the value of the units, the
use of the property shall be subject to the following limitations:
Section 8.In order to provide for
The apartment units shall be used for single family
residential purposes only.
(a)
(b) The common elements shall be used only for the furnishing
of the services and facilities for which they are reasonably suited
and which are incidental to the use and occupancy of the apartment
units.
No nuisances shall be allowed on the condominium
property nor shall any use or practice be allowed which is the source
of annoyance to such residents or which interferes with the peaceful
possession or proper use of the condominium property by its
residents.
(c)
(d) No dogs or cats shall be allowed in an apartment unit
except as permitted by the Association as set forth in Section 9 of the
Declaration.
(e) No immoral, improper, offensive or unlawful use shall be
made of the condominium property or any part thereof and all valid
laws, zoning ordinances and regulations of all governmental bodies
having jurisdiction thereof shall be complied with.
(f) Except as otherwise provided herein or in the Declaration,
no portion of an apartment unit, other than the entire apartment
unit, may be rented, and no transient tenants may be accommodated
therein.
Section 9. Additions. Alterations or Improvements. Whenever
in the judgment of the Board of Directors the common elements shall
1 2
• • V
require additions, alterations or improvements costing in excess of
$1,000.00 and the making of such additions, alterations or
improvements shall have been approved by a majority of the unit
owners and by those mortgagees holding mortgages on such units,
the Board of Directors shall proceed with such additions, alterations
or improvements and shall assess all unit owners for the cost thereof
as a common charge. Any additions, alterations or improvements
costing less than $1,000.00 may be made by the Board of Directors
without approval of the unit owners or any mortgagees and the cost
thereof shall constitute a common charge.
Section 10. Additions. Alterations or Improvements Bv Unit
No unit owner shall make any structural addition.Owners.
alteration, or improvement in or to his apartment unit without the
prior written consent thereto of the Board of Directors,
application to the City of l^erham,
addition, alteration or improvement in or to any apartment unit shall
be made by the unit owner after approval by the Board of Directors.
A structural addition, alteration, or improvement does not include
interior decorating such as painting, panelling, wallpapering or other
similar redecorating.
Any
MN, for a permit to make an
Section 11. Right of Access. A unit owner shall grant a right of
access to his apartment unit to the person designated by the Board of
Directors as the manager of the condominium, which manager may
be a member of the Board of Directors, to make inspections; and to
correct any condition originating in his apartment unit; to install,
alter or repair mechanical or electrical services or other common
elements for which repair access to the apartment unit may be
necessary; and to correct any condition which violates the provision
of any applicable law or regulation. Requests for such entry shall be
made in advance and such entry shall be scheduled for a time
reasonably convenient to the unit owner. However, in case of an
emergency, such right of entry shall be immediate, whether the unit
owner is present at the time or not.
Section 12. Rules of Conduct. Rules and regulations concerning
the use of the apartment units and the common elements may be
drafted and amended by the Board of Directors with the approval of
the majority of the unit owners. Copies of such rules and regulations
shall be furnished by the Board of Directors to each unit owner prior
to their effective date.
1 3
Section 13.
separate unit shall be separately metered so as to permit
payment of such utilities by the unit owner.
Section 14. Motor Vehicles. No apartment unit owner
is permitted to locate more than two (2) motor vehicles on
the condominium premises as specified in detail in Section
9 of the Declaration, which said motor vehicles shall be
located within the unit's garage stall or designated
parking area.
parked in front of any of the garage stalls upon the
condominium premises.
Utilities.Utilities serving each
No motor vehicles shall be allowed to be
ARTICLE VI.
Mortgages
A unit owner who mortgages his apartment unit shall
notify the Board of Directors of the name and address of
his mortgagee and shall file a copy of the note and
mortgage with the Board of Directors.
Directors when giving notice to a unit owner of a default
in paying common charges, or other default shall send a
copy of such notice to each holder of a mortgage covering
such apartment unit. Each unit owner and each mortgagee of
an apartment unit shall be permitted to examine the books
of the condominium at reasonable times.
The Board of
ARTICLE VII.
Sale and Lease of Units
No unit owner may sell or lease his unit or any
interest therein, except by complying with the provisions
of this Article.
Any unit owner whoSection 1.
sells his unit shall immediately give notice thereof to the
Association stating the full name and address of the
Purchaser.
Sales and Leases.
Any sale or lease of a unit shall be subject to all
the terms and conditions of the Declaration, By-laws, rules
and regulations and the deed or lease shall provide that
the buyer or tenant consents to the provisions of the
Declaration, By-laws, rules and regulations. The condo
minium units shall not be leased for a term of less than six (6)
14
months unless the unit owner intending to enter into such a lease re-
ceivesthe prior written approval of the Association,
of a unit shall provide that it may not be amended, extended or
assigned without the prior written consent of the Association and
that it may not be assigned or sublet without prior written consent of
the Association, The lease shall provide that it is subject to all terms
and conditions of the Declaration, By-laws, rules and regulations of
the Association and that the Association shall have the power to
terminate the lease and bring proceedings to evict the tenant in the
name of the landlord if tenant defaults under the Declaration, By
laws, rules, regulations or the lease.
Any lease
Section 2. Gifts and Devises. Any unit owner shall be free to
convey or transfer his unit by gift, or to devise his unit by Will, or to
pass his unit by intestacy without restriction.
Section 3. Severance of Ownership. No unit owner shall
execute any deed, mortgage or other instrument conveying or
mortgaging title to his apartment unit without including therein the
appurtenant interests, including the related garage units as set forth
in Paragraph 1 C of the Declaration, it being the intention hereof to
prevent any severance of such combined ownership.
Section 4. Waiver of Right of Partition. In the event that an
apartment unit shall be acquired by the Board of Directors on behalf
of all unit owners as tenants in common all such unit owners shall be
deemed to have waived all right of partition with respect to such
apartment unit.
Sale. Conveyance, or Lease: Payment of CommonSection 5.
No unit owner shall be permitted to convey, mortgage.Assessments.
sell or lease his apartment unit unless and until such owner shall
have paid in full to the Board of Directors all unpaid common charges
assessed by the Board of Directors against his apartment unit and
until he shall have satisfied all unpaid liens against such apartment
unit, except permitted mortgages.
ARTICLE VIII.
Records
The Board of Directors shall keep detailed records of the actions
A written reportof the Board of Directors and the manager.
1 5
summarizing all receipts and expenditures of the condominium shall
be rendered by the Board of Directors to all unit owners at least
annually as more specifically provided in Article V, Section 1 A
hereof.
ARTICLE IX.
Miscellaneous
Section 1. Notices. All notices to the Board of Directors shall be
sent by registered or certified mail in care of the manager or if there
is no manager to the office of the Board of Directors or to such other
address as the Board of Directors may designate from time to time.
All notices to any unit owners shall be sent by mail to the address as
may have been designated by the unit owner in writing to the Board
of Directors. In lieu of such mailed notice all notices may be hand
delivered.
Section 2. Invalidity. The invalidity of any part of these By
laws shall not impair or affect in any manner the validity,
enforceability or affect of the balance of these By-laws.
Section 3. Gender. The use of the masculine gender in these
By-laws shall be deemed to include the feminine gender and the use
of the singular shall be deemed to include the plural, whenever the
context so requires.
Section 4. Waiver. No provision contained in this declaration
shall be deemed to have been waived by reason of any failure to
enforce it or delay in enforcing any provision of this declaration and
any such failure or delay shall not in any manner affect enforcement
of the provisions hereon because of violations or defaults
subsequently occurring.
ARTICLE X.
Amendment to the By-laws
Except as hereinafter provided, these By-laws may be modified
or amended by a vote of five-eighths of all unit owners at a meeting
of unit owners duly called for such purposes, but only with the
written approval of those mortgagees holding mortgages constituting
first liens.
1 6
§ 515A.3-112UNIFORM CONDOMINIUM ACT
and filed with the secretary of state on Jan. 21,
lOyC. Section 3 of Laws 13SG, c. ‘I'ld, provides
that the amendments "do not change tl>e sub
stance of the statutes amended."
Law Review Conimcntarics
Mixed use condominiums under the Minnesota
Uniform Condominium Act John B. Lundquist
198‘1, 10 Wm.Mitchcll L.Rev. 97.
Librnry References
Condominium «=G et seq.
CJ.S. Estates § IGO.
51GA.3-111. Tort and contract liability
(a) If a tort or breach of contract occurred during^ any period of declarant control
(section 515A.3-103), the declarant sliall indemnify the association for all li.ability incurred
by the association as a result of that tort or breach of contract, including legal fees. Any
statute of limitation affecting tlic association's right of action under this section is tolled
until the period of declarant control terminates.
(b) No unit ovvncr shall have tort liability arising out of ownership of the common
elements provided that the association has liability insurance coverage on the occurrence
in an amount not less than .?1,000,000.
Laws 1930, c. SS2, art. 3, § SlG.3-111. Amended by Laws 198G, c. '144.
Effective date and a-pplication of Chapter 515A, see section 515A.1-102.
193G. Section 3 of Laws 198G, c. 444. provides
that Uie .amendments "do not eiiango Uio sub-
.sUinee of the sLiLiites amended."
I.ibrnry Rcferi’iices
Condominium <^14.
CJ.S. Estates § 150.
lysfi Amendment. L.aws 198G. c. 444. 5 1.
removed gender specific references .applicable to
human beings throughout Minn..Sl;its. by adopt
ing by reference proposed amendments for such
revision prcparc<i by tiie rovi.sor of sUitutes pur
suant to Laws 198-1, c. -ISO, § 21, and certified
and filed with the secretary of state on Jan. 24,
51GA.3-112. Insurance
(a) Commencing not later titan the time of the first conveyance of a unit to a unit
owner other than a declarant, the association shall mainLain, to tite extent reasonably
available;
(1) Property insurance on the common elements and units, e.xclusive of land, c.xcava-
tions, foundations, and other items normally excluded from property policies, insuring
against all risks of dircet physical loss. • The total amount of insurance after application
of any deductibles shall be not loss than 30 pereent of tlic full insurable replacement cost
of the insured property. The association or its authorized agent may enter a unit at
reasonable times upon reasonable notice for the purpose of making appraisals for
insurance purposes.
(2) Comprehensive general liability insurance, in an amount determined by the board of
directors but not less than any amount specified in the declaration, covering all occurrenc
es commonly insured against for death, bodily injury, and property damage arising out of
or in connection with tlic use, ownership, or maintenance of the common elements.
(b) If the insurance described in subsection (a) is not maintained, the association shall
immediately cause notice of that fact to be sent postage prepaid by United States mail to
all unit owners at their respective units and other addresses provided to tlic association.
The declaration may require the association to carry any other insurance, and the
association in any event may carry any other insurance it deems appropriate to protect
the association or the unit owners.
(c) Insurance policies carried pursuant to subsection (a) shall provide that:
(1) Each unit owner and holder of a vendor's interest in a contract for deed is an
insured person under the policy witli respect to liability arising out of ownership of an
undivided interest in the common elements;
r
1G9
EXHIBIT A
► v
§ 515A.3-112 UNIFORM CONDOMINIUM ACT
(2) The insurer waives iLs rifcht to subroRation under tiie policy aRainst any unit owner
of the condominium or members of tlic unit owner’s liouscliold and aRainst the association
and mcml)ers of the Ijoanl of directors;
{'■’) No act or omission by any unit owner or holder of an interer.t as security for an
obiiRation, unless actioR within Uie scope of auUiority on behalf of the association, shall
void the policy or be a condition to recovery under the policy; and
('ll If, at the time of a loss under the policy, there Is other Insurance in the name of a
unit owner coverinR the same property covered by the policy, the policy is primary
insurance not contributinR with the other insurance.
(d) Any loss covered by the property policy under subsection (a)(1) shall be adjusted
with the association, but the insurance proceeds for that loss shall bo payable to any
insurance trustee dcsiRnated for that purpose, or otherwise to the association. The
insurance trustee or the association shall hold any insurance proceeds in trust for unit
owners and lioldcrs of an interest as security for an.'oblipation as their interests may
appear. The proceeds shall be disbursed first for the repair or restoration of tlie
damapod common elements and units, and unit owners and holders of an interest as
security for an ohlipation arc not entitled to receive payment of any portion of the
proceed.s unlos.s there i.s a surplus of i)rocccds after the common elements and units have
been completely repaircil or restored, or the condominium is terminated.
■ (e) An insurance policy issued to the association iloes not [irevcnt a unit owner from
obtaininR insurance for personal bcncfiL
(D An insurer that has issued an insurance policy under this section shall issue
certifieate.s or memoraiula of insurance, upon rc(iuest, to any unit owner, or holder of an
interest as security for .an obiiitation. The insurance may not be cancelled until .'JO days
after notice of the proposed eancell.ation h.as been maile<I to the .is.soci.atinn and to c;tch
unit owner and holder of an interest a:; secvirity for an oblipation to whom certificates of
insurance have been issued.
(r) Any portion of the condominium damaRcd or destroyed shall be promptly repaired
or replaced by the .association unles.s (1) the condominium is terminated and the associa
tion votes not to repair or replace all or part thereof, (2) rciJair or re[)laccmcnt would be
illcRal under any state or local health or safety statute or ordinance, or (2) SO percent of
tlie unit owners, includinp every owner and first mortpaRce of a unit or assipned limited
common element which will not be rebuilt, vote not to rebuild. The cost of repair or
replacement of a unit or the common are.a in excess of insurance proceeds and reserves
shall be a common c.'cpcnsc. If Ic.ss than the entire condominium is repaired or replaced,
(1) the insurance proceeds attributable to the damaped common clemenLs shall be used to
restore the damaped area to a condition compatible with the remainder of tlic condomin
ium, (2) the insurance proceeds attributable to units and limited common elements which
arc not rebuilt shall be distributed to the owners of those units and the holders of an
interest as security for an oblipation of those units and the owners and holders of an
interest as security for an .oblipation of the units to whicli those limited common elements
were assipned, as their interests may appear, and (3) the remainder of the ])rocceds shall
be distributed to all the unit owners and holders of an interest as security for an
obliptition as their interests may appear in proportion to their common element interest.
In the event the unit owners vote not to rebuild a unit, that unit's entire common clement
interest, votes in the association, and common c.X[ict!se liability are automatically reallo
cated upon the vote as if the unit had been condemned under section 515A.l-107(a), and
the association shall jjromptly prepare, c.xccutc and record an amendment to the declara
tion rcflcctinp the reallocations. Notwithstandinp the provisions of this subsection, if the
condominium is terminated, in.surancc proceeds not used for repair or replacement shall
be distributed in the same manner .as sales proceeds pursuant to section 515A.2-120.
(h) The [irovisions of this section may be varied or waived in the case of a condominium
all of the units of which arc restricted to nonrcsidential use. •
Laws 1980, c. 982, art. 3, § 519.3-112. Amended by Laws 1989, c. •hU.
170
E<HIBIT A
ARTICLE XI.
Conflicts
These By-laws are set forth to comply with the
requirements of the Minnesota Uniform Condominium Act.
any of these By-laws conflict with the provisions of such Act
the provisions of such Act shall control.
In case
We certify that these By-laws were adopted at the First
Meeting of Directors dated this
, 1992.day of
y i? y
Randal Hutmacher, Incorporator
\Vy
M.j
Jpan Hutmacher, Incorporator
DECLARATION OF CONDOMINIUM
OF
RANDAL HUTMACHER AND JOAN HUTMACHER
THIS DECLARATION made this day of199^, by Randal Hutmacher and Joan Hutmacher,husband and wife,
hereinafter referred to as the "Declarant," as owner in fee
simple of the hereinafter described real property and as
developer of the same for their heirs, successors, grantees and
assigns.
Submission to Condominium Ownership.1.The purpose of
this declaration is to submit the lands herein described and
the improvements constructed thereon to the condominium form of
ownership and use in the manner provided by Chapter 515A of the
Statutes of the State of Minnesota, known and cited as the
Minnesota Uniform Condominium Act.
The lands owned by the Declarant, which are hereby
submitted to the condominium form of ownership, are those
certain tracts or parcels described on Exhibit A, the same
(a)
being attached hereto and made a part hereof by reference which
consists of square feet.
(b) The name by which this condominium is to be identified is *nKe Vieo: ConciofruiuiKm T~iv.. its condominium
number is
owners are Randal and Joan Hutmacher,
Ottertail, Minnesota 56571.
and the name and address of the
Rural Route 1,Box 359-N,
Declarant hereby divides the above described real
property into five separate estates in fee simple absolute and
each consisting of the Condominium Unit area, together with a
garage site designated by unit number.
(c)
2.For the purpose of this Declaration;
A holder of an interest shall mean a condominium unit
owner, contract buyer, life tenant, tenant under a lease for
more than five years, or any combination thereof.
< a)
A perimeter wall shall mean any wall, door, or window
separating one condominium unit from anoth^ or from the Common
Areas.
(b)
A condominium unit shall include the plaster or
plaster board and inner decorated surface of the ceiling,
(except to the center of upper floor ceilings) and perimeter
walls, including paint and wallpaper, and the floors and floor
coverings above the sub-floor,
condominium, pipes, wires,
running through the condominium which are utilized for more
(c)
The sub-flooring under the
conduits, and other public utilities
than one unit, the perimeter walls and ceilings, except the
plaster or plaster board, but including to the center of upper
floor ceilings, are Common Areas.
Horizontally each unit consists of the area measured
horizontally from the unit side of the wall framing separating
the unit from the adjoining units or the exterior,
each unit consists of the space between the surface of the
floor and the underside of the ceiling,
units as shown on the Floor Plans are measured from the inside
finished fact of the sheetrock of the walls and ceilings within
the units.
of each partition and vertically from the surface of the floor
to the underside of the ceiling.
(d)
Vertically
The dimensions of the
Garages are measured horizontally from the inside
Each unit is allocated an undivided on-fifth interest
in the common elements and each unit shall have one vote in the
Association allocated to it and shall bear one-fifth of the
common expenses of the Association.
herein, is as defined in Section 13 (c) of this Declaration.
(e)
"Association," as used
There are no options to add additional real estate
beyond that included in the real estate submitted to
condominium form and described on Exhibit A attached hereto.
<f)
3.Description of the Boundaries of Condominium Units.
The buildings which are located upon the property shall
consist of one building containing five three bedroom
residences of frame construction and natural or earth tone
colors and natural materials and one building containing five
two stall garage units of frame construction and natural or
earth tone colors and natural materials and common
recreational and maintenance structures of frame construction
and natural or earth tone colors and natural materials,
such buildings shall be constructed to reduce the visibility of
the structures and improvements on the premises and shall also
comply with the provisions of paragraph IV, 11, g of the Otter
Tail County Shoreland Management Ordinance.
All
There shall be no additional buildings, structures or
The total areaimprovements constructed on the premises,
occupied by the buildings described above together with the
driveway and parking lot is I D
less than 50y. of the total area of the premises described on
Exhibit A.
square feet which is
The total area occupied by buildings.structures,
road surfaces and parking areas may never exceed 50/C of the
total area of the premises described on Exhibit A.
Each unit's designation,
and common elements to which each has immediate access are set
forth on the attached plans.
Unit Description.4.location
Attached hereto are the
CondoiDlnium plans which accurately depict (a) the number of
each condominium; (b) the boundaries and dimensions of land
included in the condominium; (c) the dimensions and locations
of all existing structural improvements and roadways; (d)
intended location and dimensions of any contemplated common
element improvements to be constructed within the condominium;
<e) the location and dimension of limited common elements; (f)
location and dimensions of the vertical and horizontal boundary
of each unit and the identifying number of each unit; (g) the
extent of any encroachments by or upon any portion of the
condominium; (h) location and dimensions of any recorded
easements serving or burdening any portion of the condominium.
Floor Plan of each Unit.5.
Only the structures identified on the
attached plans are to be built and none shall exceed 30 feet in
height as defined by the Otter Tail County Shoreland
Management Ordinance.
&.Structures.
The common elements
consist of the entire condominium property, except the limited
commons elements and facilities as hereinafter defined,
including all parts of the building other than the separate
units including, without limitation, the following:
7.Common Elements and Facilities.
The land on which the buildings and garages are(a)
located;
All exterior walls of the buildings (not including
the plaster on the unit side of the framework of the walls),
the framework, and all other structural or load-bearing walls
and partitions and the roof.
(b)
The beaches, lakeshore, yards, gardens, trees,
bushes, shrubs, lawns, vegetation, recreational, community, and
maintenance facilities and other areas used in connection
therewith, exterior lights, sidewalks and parking and driveway
areas except limited common areas as set forth in paragraph 8,
hereafter;
(c)
All central and appurtenant installations for
services such as power, light, telephone, gas, water, heat,
refrigeration, and incineration, including all pipes, ducts,
wires, cables, and conduits used in connection therewith
located in Common Areas or in units;
(d)
All sewer and water pipes, wells, sewer tanks, drain
fields, and water sprinkler systems;
(e)
(f) The five slip (unit) common docking facility,
stairway and landing;
(g) All other parts of the property necessary or
convenient to the existence, maintenance, and safety or
normally in common use of the condominium;
All other parts of the condominiuTn property and all
apparatus and installation existing in or on the property for
common use or necessary or convenient to the existence,
maintenance or safety of the condominium units.
Association may elect in the future to install a common water
softener for the use and benefit of all units within the
Condominium.
costs and expenses associated with the purchase and
installation of such common water softener.
<h)
The
In such event, the Association shall bear all
Limited
common elements and facilities and the units to which their use
is reserved to the exclusion of other units are:
Limited Common Elements and Facilities.8.
All window boxes, awnings, doorsteps, stoops designed< a)
to serve one unit.
(b) All balconies, decks, or patios.
Restrictions on Use and Occupancy.9.
The purposes for which the buildings and each
condominium unit are intended and restricted as to use are as
(a)
The buildings shall be used for private residentialfollows:
dwellings only, provided that the Declarant may maintain model
apartments, and other development facilities during the
construction and sale period.
uses permitted on any portion of the premises described on
There shall be no commercial
Exhibit A attached hereto.
Pets are permitted if kept on a leash when outside on
what would be a pet commons area, if said pet is referred to as
a house pet and would not be kept outside other than on a leash
and is accepted by all persons,
to disturb adjoining owners and others and, if determined by a
majority to be a nuisance because of noise, then will no longer
be allowed on the property.
(b)
Said pet will not be allowed
No mobile homes, motor homes, or recreational
vehicles shall be allowed on any part of the condominium
property including parking and driveway areas nor shall any
part of the property be used for automobile or commercial
storage.
(c)
Unit owners shall not at any time have more than two
motor vehicles upon the condominium property,
vehicles shall be allowed to be parked in front of any of the
garage stalls or anywhere else upon the condominium property
except in the unit's designated parking areas.
<d)
No motor
All existing open spaces set forth on the attached
plans including all beaches, lakeshore, yards, gardens, trees,
bushes, shrubs, lawns, vegetation and the shore impact zone, as
defined in the Otter Tail County Shoreland Management
Ordinance, shall be preserved and maintained as set forth on
(e)
the attached plans and none of said vegetation shall be altered
or removed other than for replacement and routine maintenance
nor shall the existing topography of said premises or the water
runoff landscaping controls be altered or changed, without the
written approval of all condominium owners and only upon
compliance with the Otter Tail County Shoreland Management
Ordinance and all other applicable laws, ordinances, rules and
regulations and only upon approval of the Otter Tail County
Board of Commissioners.
All boaters and watercraft operators must use the
common docking facility, all boats and watercraft shall be
docked or moored at such facility, no boats or watercraft shall
be moored, tied to, beached or parked on or along the
lakeshore or beach located on said premises and no more than
five (5) boats shall be docked or moored continuously or
overnight at such docking facility.
(f)
The location of the recreational facilities,
landing and common docking facility shall remain in
(g)
stairway,
the same location as set forth on the attached plans and shall
comply with all provisions of the Otter Tail County Shoreland
Management Ordinance, as it now exists.
This condominium is subject to and shall
comply with all terms and conditions of the Shoreland
Management Ordinance of Otter Tail County, Minnesota, as it now
exists, and is not in violation of any State, County or
Township Ordinance.
Ordinance.10.
Each unit has an
equal undivided interest i^^n the common elements, an equal vote
in the association, and shall bear an equal percentage of the
common expenses of the Association.
Allocation of Interest to Units.11.
The name and address of theService of Process, person who receives service of process i^ Randal Hutmacher
Box 359-N, Ottertail,
and any such service shall be so made until
is selected.
12.
whose address is Rural Route 1,
Minnesota 56571,
such time as the Unit Owners Association,
whereupon any Director may be served.
Easements. Unit Owner's Association Liability for13.
Common Expenses,
future holders of an interest, by their acceptance of their
interest, agree as follows:
Declarant, its successors and assigns and all
If any portion of a Common Area shall encroach upon
any condominium unit or if any unit shall encroach upon any
other unit or upon any portion of the Common Areas, an easement
for the encroachment and for its maintenance shall exist as
long as the buildings stand.
Area is damaged or condemned and then rebuilt, any resulting
encroachment shall be permitted and an easement for the
encroachment and for its maintenance shall exist as long as the
buildings stand.
(a)
If any building or unit or Common
(b)Each condominium unit is subject to and includes an
easement through other condominium units and Common Areas for
maintenance and repair,
at reasonable hours on reasonable notice except in case of
Access to condominium units shall be
1 emergency.
(c)
be a member of the Unit Owner's Association,
persons hold an interest in a condominium unit,
members but shall be entitled to only one vote for each
condominium unit.
A holder of an interest in a condominium unit shall
When one or more
all shall be
•The administration of the property shall be in
conformity with this Declaration and the Bylaws attached
hereto.
(d)
(e) Each holder of an interest or occupant of a
condominium unit shall comply with the provisions of this
Declaration, the Bylaws, rules and regulations of the
Association, as amended, and failure to comply shall be grounds,
for damages or injunctive relief.
(f) No .holder?of an interest is exempt from liability for
common^, expenses by waiver- of the'use or enjoyment of any of the
Common areas or by the abandonment of his or her condominium
unit. -
14. Directors. Persons designated by the Declarant may
serve as a member of the Board of Directors and control the
The period of Declarant control shall
a unit to a
uriijt Owners association.
extend from th!e'date of the first conveyance of
unit owner, other than the Declarant, until a period not later
than sixty (60) days after conveyance of fifty percent (50/() of
the units to unit owners other than the Declarant, at which
time the Board of Directors shall consist of at least thirty-
three and one-third percent (33 1/3%) of unit owners other than
Declarant and not later than sixty (60) days after a conveyance
of seventy-five percent (75%) of the units to unit owners other
than Declarant, at which time election of the members of the
Provided
that Declarant control shall not extend for a
Board of Directors shall be by the unit owners,
further, however,
period of more than three (3) years after the date the
Declarant first elects members to the Board of Directors or the
association or until such time as Declarant elects to terminate
whichever shall first occur.its control of the condominium.
Provisions for Declarant control shall be made in accordance
with and pursuant to the provisions of Minnesota Statutes
515A.3-103, as amended from time to time, and any provisions
herein which are not in accord with the section shall be of no
The number of Directors shall be as set forth in theeffect.
Bylaws.
All sums assessed by the
Association for common expenses shall be a lien on each
apartment unit on the date specified in the Bylaws which shall
be prior to all other liens except tax liens for special
assessments in favor of governmental units and all sums unpaid
Lien for common Expenses.15.
on any first mortgage recorded prior to the date the sum
assessed by the Association became a lien.
The lien for unpaid common expenses may be foreclosed
in like manner as a foreclosure of a mortgage of real property.
The Association may bid in at foreclosure sale and hold, lease,
mortgage, and convey the condominium unit acquired,
to recover a money judgment for unpaid common expenses may be
brought.
(a)
An action
The purchaser at a foreclosure sale of a first
mortgage and his successors and assigns shall, after the
expiration of the period of redemption, hold title to the
apartment unit free and clear of any lien for assessments
arising after the recording of the first mortgage, and any such
purchaser shall not be personally liable for such assessments.
Any such unpaid assessments shall thereupon be spread over and
become a lien on all other condominium units according to their
percentage of undivided interest.
(b)
16.Lease and Sale Restrictions.The condominium units
shall not be leased for a term of less than six (6) months
without the prior written approval of the Association,
owner may lease a unit for a term in excess of six (6) months
provided, however, that any such lease shall be made subject to
this Declaration and the Bylaws and said lease may not be
modified, amended, extended, or assigned or the unit sublet
without the further prior written consent of the Association.
The lease shall further provide that the Association shall have
the power to terminate the lease and bring proceedings to evict
the tenant in the name of the landlord if the tenant defaults
under the Declaration, Bylaws, rules, regulations, or the
lease.
A unit
A condominium unit shall not be subdivided or partitioned
nor may the condominium be terminated without the written
approval of all condominium owners and only upon compliance
with the Otter Tail County Shoreland Management Ordinance,
Minnesota Statutes §515A2-120 and all other applicable laws,
ordinances, rules and regulations and only upon approval of the
Otter Tail County Board of Commissioners.
Upon the sale of a unit, the unit owner shall notify the
Association as provided in Article VII of the Association's
Bylaws.
Each unit owner shall grant to
the persons who shall from time to time constitute the Board of
Directors an irrevocable power of attorney coupled with an
interest to acquire title to or lease any unit whose owner
desires to surrender, sell or lease the same, or which may be
subject to a foreclosure or other judicial sale in the name of
the Board of Directors or its designee, corporate or otherwise,
on behalf of all unit owners, and to convey, sell, lease,
mortgage, vote the votes appurtenant thereto, or otherwise
surrender, sell or lease the same, or which may be subject to a
17.Power of Attorney.
foreclosure or other judicial sale in the name of the Board of
Directors or its designee, corporate or otherwise, on behalf of
all unit owners, and to convey, sell, lease, mortgage, vote the
votes appurtenant thereto, or otherwise deal with any such unit
so acquired.or leased. Any^unit so acquired, together with any
interest in the common elements, limited common elements, or
other - condominium.property appurtenant thereto shall be held by
the Board of Directors or its designee, corporate or otherwise,
on' behalf of all unit owners in proportion to the respective
interests.;•'
Damage to'Property or Condemnation If all or any
portion of the property is damaged of taken by eminent domainAS-
or by any action or deed in lieu thereof,
disposition of the property shall be as follows:
the restoration or
If a majority of the total number of condominium
units remain tenantable, the damaged portion shall be restored;
if less than a majority of the total number of units are
tenantable, the damage shall not be restored; unless the
members of the Association, within ninety (90) days after the
damage or taking by the affirmative vote of seventy-five
percent (75%) thereof determine whether or not to restore the
damaged improvements.
(a)
If a majority of the total number of condominium(b)
units are not tenantable and are not to be restored, the
Association shall file for recovery within one hundred eight
(180) days after the damage or taking, a notice setting forth
the facts.Upon the recording of the notice:
The property shall be deemed to be owned in
common by the condominium unit owners, each in the percentage
of undivided interest previously owned by the condominium unit
owners in the Common Areas.
(1)
Any liens affecting the condominium units shall
be deemed to be transferred in accordance with the existing
priorities to the percentage of undivided interest of the
condominium unit ‘owners in the property.
(2)
Any restoration and repair shall be substantially in
accordance with "tihis Declaration and the Floor Plans.
(c)
If insurance proceeds are not sufficient to pay the
costs of restoration, special assessments shall be made against
all the condominium units to provide funds to pay the cost.
(d)
Liability and Property Damage Insurance.19.
The Association shall obtain and maintain insurance
for the replacement cost of the property against loss or damage
by fire, wind, with extended coverage, vandalism, malicious
mischief, plat glass breakage, water damage, and other perils
as the Association may determine,
payable to the mortgagees and the Association in trust for the
(a)
The policies shall be
holders of an interest in the apartment unit suffering the
loss.If the net proceeds of insurance are over $50,000,
shall be put in escrow for restoration or division,
policies of physical damage insurance shall contain waivers of
subrogation and waivers of any defense based on co-insurance or
of invalidity arising from any act of the insured that the
policies may not be cancelled or substantially modified without
at lease 10 days' prior written notice to all of the insureds
and all of the mortgagees of record of the condominium units.
it
All
( b )The Association shall obtain and maintain public
liability insurance in limits determined by the Association
covering members of the Board of Directors, officers, and each
member of the Association.This liability insurance shall also
cover claims of any insured against another.
In accordance with Minnesota Statutes 515A.3-111 (b), no
unit owner shall have tort liability arising out of ownership
of the common elements provided that the Association has
liability insurance coverage on the occurrence in an amount not
less than One Million Dollars.
All insurance premiums on insurance purchased
pursuant to this paragraph shall be paid as a common expense.
(c)
20.Amendment of Declaration.Except as otherwise
provided in Minnesota Statute 515A.2-119, this declaration may
be amended by the Association only by a vote or written
agreement of unit units at which at least sixty-two and one-
half percent (62H'X) in number and in interest of all unit
owners cast in person or by proxy at a meeting duly held in
accordance with the provisions of the Bylaws and sixty-two and
one-half percent (62%) of the first mortgagees of the units
(each mortgagee having one vote per unit financed).
The Invalidity of any provision of this
declaration shall not affect in any manner the validity or
enforceability of the remainder of this Declaration, and the
other provisions of the Declaration shall continue in effect as
if such invalid provision had never been included herein.
21.Invalidity.
22.No provision contained in this Declaration
shall be deemed to have been waived by reason of any failure to
enforce it or delay in enforcing any provision of this
Declaration and any such failure or delay shall not in any
manner affect enforcement of the provisions hereof because of
violations or defaults subsequently occurring.
Waiver.
IN WITNESS WHEREOF,
declaration this
Declarant has executed this
day of , isgf.
/uBY:
Its Chief Financial Officer
STATE OF MINNESOTA )
)SS.
COUNTY OF OTTER TAIL)
day of , 1SS3, before me, a
Notary Public within and for said County, personally appeared }\ prUQ j J aJ/-! "T/yi n Kt . personally known to me,
who, being by me duly sworn did say that he is the Chief
Financial Officer of the corporation named in the foregoing
instrument, and that said instrument was signed on behalf of
On this
said corporation by authority of its Board of Directors and
said U g acknowledged said instrument to be
the free act and deed of said corporation.
Notary PubJAc
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