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HomeMy WebLinkAbout921673 / -- 000423 RECEIVED 8/24/200~~;;~~~-~~-- RECEIVING # 921673 BOOK: 631 PAGE: 423 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for CORRECTED ROCKY POINT CONDOMINIUMS in LINCOLN COUNTY, WYOMING August 2006 '"t'. .'''.....!. _ :;;.....,..;-~ ..'. ..,..~~"" H.'->. ,0.:";.1.1.'.'.'_'.' .. ¡"'.';'_"'-, ':~':-"~':,-.";"n".·''''''-, '~"'I"""''''~''''''''; 'D? ~ . ""''''.-''-,.''' ,~.., ....,. :-...,....-.....-..--. .., . ffi:;¡:mffi:;m:11¡m¡i¡ ¡¡~~~Mì MiÌi;ii!¡~i~~~~~i;j -- .--.-..~.__. ...., .--, ,--.. --.--..--'.--.--- ..--.. ..- -.... ..."'.-. ······__a... .... "'_.'--'~~. -'-, .--..--....... "~ . i i I Q921G~~3 000424 INDEX Para~ph Page 1 Definitions........................................ ...................... ................. ........................... ......1 2 Scope of Project................................. .......................................................................2 3 Map.................................... .......................................................................................2 4 Division of Property into COndouúniumUnits.................. ........... ..... ..........................2 5 Common Elements... ... ... ... ... ... ... ... ... ... '" ...........................................,........................2 ·6 Parking Spaces................................. ...........................................:..............................3 7 Separate Assessment and Taxation... ... ... ... ... ... ... '" ... '" ... ............................................3 8 Ownerslúp- Title... ... ... ... ...... ... ... ... ...... ... .....................................................................3 9 Non-Partitionability... ... ... ... ... '" ... ... ... ... ... ...................................................................3 10 Use of Common Elements... '" ... ... ... ... ......... ... ..... ......................................................3 11 Use and Occupancy by Declarant... ... ...... ... ... ... ... ... ... ... ... ...........................................4 12 Certain Additional Restrictions................................. .................................................4 13 Easements for Encroachments... ... ... ... ... ... ... ... ... ... ... ... ............................................... 6 14 The Association... ... ... ... ... ... ... ... ... ... ... .. ................................ .............. ....... ..... ....... .....6 15 Management Committee... ... ... ... ... ..... ..... '" ... ... .. ........................................................8 16 Powers and Duties of Management Committee................................. .......................10 17 Manager......................;............ ............;....... ................... ........ ..... ...................... .....12 18 No Waiver... '" ... ... ... ... ... ... ... ... ... .. ............ ............................................... .......... ..... ..12 19 Compensation.................................... .......... ........................ ............................ ........12 20 Accounts........................ ...... ... . ................................................................................12 21 Indemnification.................................., ....................... ............. ........... .......... ........ ....12 22 Exculpation.................................... ..........................................................................13 23 Examination of Books... ... ... ... ... ... ... ... '" ... ... ............................................................13 24 Mechanics Lien... ... ......... ... ... '" ... ... ... .. .........................,...........................................13 25 Reservation for Access......... ........................ .............................................................13 26 Maintenance Responsibilities... '" '" ... ... ... ... ...... ... ... .., ..............................,.................13 27 Compliance.................................... ...........................................................................14 28 Restrictions Relating to Insurance Coverage... .. . . .. . .. ... ... . .. . .. . .. .. . .. . .. ......................... ..14 29 Revocation or Amendment to Declaration................................. .................................14 30 Additions, Alterations and Improvements........................... ...... .................................14 31 Assessments................................. ..................,...........,...............................................14 32 Insurance.................................... ................................................................................15 33 Owner's Personal Obligations... ... ... ... ...... ... '" ... '" ... ... .................................................16 34 Nonpayment of Assessments... ... ... ... ... ... ... ... ... ... ...... ...................................................17 35 Mortgages...... ........................... ..................................................................................18 36 Reconstruction................................. ............................................................................18 37 General Reservations................................. ..................................................................19 38 Covenants to Run with Land... '" ... ... ... ......... ... ... ...... ....................................................19 39 Assignment of Declarant's Rights... ... ... ... ... ...... ... ... '" ... ... ...........................................19 Notarized Declarant signature page Exhibit A--Property Description Exhibit B-Percentage Interests .- ~!m~¡i¡f~~ f~:;:r~~::::::~:;::¡ ": .:~~.{i:!.~.~~; . - .~.,-_.~.~.", . .-,.-......... ...~. .'- .... ". ..~,. ~. ~.. ,...... 0921.673 000425 DECLARATION of COVENANTS, CONDITIONS AND RESTRICTIONS for CORRECTED ROCKY POINT CONDOMINIUMS TIllS DECLARA nON is made by the undersigned Declarant for the purpose of defining the rights and obligations of ownership for the CORRECTED ROCKY POINT CONDOMINIUM project located in Lincoln County Wyoming. Recitals: a. The Declarant is the owner of the real property located in Lincoln County, Wyoming which is described in Exhibit A attached hereto and made a part hereof. b. The name by which this property is to be identified is the " CORRECTED Rocky Point Condominiums" c. The individual condominiums and related common areas will be owned, managed and maintained by a Wyoming non-profit corporation serving as the association of owners as provided herein. d. The property is hereby made subject to the Wyoming Condominium Ownership Act and to the covenants, conditions, restrictions, reservations, assessments, charges and liens contained in this Declaration, all of which shall be enforceable equitable servitudes and shall run with the land. NOW, THEREFORE, the Declarant does hereby publish and declare that the following covenants, conditions, and restrictions shall be deemed to run with the land, shall be a burden and a benefit to the Declarant, and its successors and assigns. 1. DEFINITIONS. Unless the context shall expressly provide otherwise, "Unit" means an individual air space Unit which is contained within the perimeter walls, floors, ceilings, windows, and doors of each Unit of this Condominium Plat. Together with all fixtures and improvements therein contained, but not including any structural components of the building, if any, located within the Unit. "Owner" shall mean the record owner, whether one or more persons and/or entities, of recorded title to the full and exclusive use of a specific unit, including contract buyers of record but excluding mortgagees, contract sellers or others having such interest merely as security for the performance of an obligation. An "Owner" shall mean all of the owners of a particular unit collectively and shall be jointly regarded as a single Owner for purposes of this Declaration. Any owner of an equity interest of record in a unit, and any partner, officer or shareholder of an entity which is an owner of record, may be treated by the Association Page 1 of 24 ... ., / ...............'--..-- 0921.6t;f3 000426 as the representative of all the ownership of such unit for purposes of giving notices, voting and other matters. "General common elements" and "limited common elements" shall be designed as s~chon the applicable plat map(s) for the project. References herein to "common areas" are references to the general common elements. "Common expense" means expenses for project maintenance, repair, operation, management and administration detennined in accordance with this Declaration. "Association" means corrected Rocky Point Condominiums Owners Association, a Wyoming nonprofit corporation, and its successors. "Management" Committee" means the board of directors of the Association. 2. SCOPE OF PROJECT. The project consists of the construction of9 units, together with on-site parking facilities for such units and other common areas. I 3. MAP. Declarant reserves the right to amend the plat map(s), from time to time, ! to conform the same according to the actual location of any of the constructed improvements and to establish, vacate, and relocate utility easements, access road easements, and on-site parking areas. 4. DMSION OF PROPER1Y INTO CONDOMINIUM UNITS. The real property described in Exhibit A , and the improvements located or to be located thereon, has been platted for division into separate fee simple estates, each such estate consisting of a separately designated unit and the undivided percentage or fractional interest in and to the common elements for each unit as set forth in Exhibit B hereto. 5. COMMON ELEMENTS. A portion of the general common elements is reserved for the exclusive use of the individual owners of the respective units, and such areas are referred to as "limited common elements". The limited common elements so reserved shall be identified on the map(s). Any balcony, patio, or deck which is accessible from, associated with and which adjoins a unit, without further reference thereto, either herein or on the map(s), shall be used in connection with such unit to the exclusion of the use thereof by the other owners of the general common elements, except by invitation. All of the owners of condominium units in this condominium project shall have a nonexclusive right in common with all of the other owners to use of sidewalks, pathways, roads, and streets located within the entire condominium project. No reference thereto, whether such limited common elements are exclusive or nonexclusive, need be made in any deed, instrument of conveyance, or other instrument. The water well and lines, septic system, propane and other utilities are also common elements. Page 2 of24 Í;:¡:i:i:::!:i:i:::;;::i: ~j~:~~:~:!:::~..'" ~i~~~~;~~~¡~m[~: j~t;;~i~It~i~~1im~ --------..-- ------ -- ----- -----~- .............~.~._._.. - ...~._~.'-_.,-.._............................_..............~. '--"-". -' ,....." ·,,·..·~···_"'·.."""'a·.-.·..· ....,. .. ...:..~.. "~.'''''''''.'''.''. . . .. , 092:1GÞi'3 000427 Ea.ch ù.nIr, the ·a.pp.µrte.l:lant undivided interest in. the general common elements, and the appurtenant limited COnut\On elemep.ts shall together compromise one condominium uillt, ~hall be inseparable, ~d ma.y be conveyed. leased, devised, or encll1!1.bered only as ~ condominium unit. Every contraot for the sale ofa condOminium unit writtell prior to the filing for record of the map may legally describe a condominium unit by its identiiYing unit designation, followed by the name ot'tl¡is project, with tilrther reference to the map thereof-and the Declaration to be filed for record. Subse.quent to the filing ofthe map and the recording of the Declaration, every deed,lease, mortgage,' trust deed, wil1¡ or other instrument may legally desçribe a condominiQ,In unit by its identifying unit designation, followed by the namo oftÞ.is project, with further referenoe to the map thereoffiled for record and the recorded Declaration. Every such description shall be good and sufficient for all purposes to sell, Coo.vey, transfer. enQ1.UI1ber, or otherwise affect not only the unit but also the general common elerner.¡.fs and the limited common elementS appurtenantthc:ret~. Each such de$cnptian shall- be cqnstrued to include a nonexcl usive ea.sement from ingress and egress to an owo.er' 5 Un.i t and use of all Qft :¡.e ~~neral CO!O.µ:J.on elements together with the right to the use of the appurtenant limited commor.¡. elements. The initial deeds conveying each condominium I.mit may conta.in reservations, exceptions. and exclusions wmch the Declaran,t deems to be con..sistont with and in the best interest Dt'al¡ condarninhun unit owners.' . . I II ~. p ~G S~¡CES. On.site parking areas and related facilities sbaU be under the control oime Declarant u.tltil the project has been completed. Thereafter, the parking areas shall be UndE:( the control of the Management Conwittee. Only two v~hicles per Unit will be per.m.itted. i i ¡ 7. SEPARATE ASSESSMENT AND TAXATION. Eaèl¡ unit and the undivided, mte:¡E:st in the common elements a.ppurtenant thereto shall be deemed aseparat~ tax parcel and subject to s~parate assessment and ta.,,<:at1on. .. '8. OWNERSHIP - TITLE. A UtÜt may. be held and owned in any 'reaJ property tenancy relationship recognized under the laws of the State of Wyoming. 9. NON-PARTITIONABILITY, The common elemeD,ts shall be o'vYned by the Assoqill~ion in cornrn.O.tl for aU of the ovvncrs of the units Md shall remain undivided, and no owner shall ~ring action fOr partition or division of the common elemer¡ts. Nothing contained herein shall be construed as a limita.tion of !he rights of partition of a unit b.etvveen the owners thereof, but such partition shall not affeot any other unit. 10. USE OF COMMON ELEMENTS. Each O'Wl1.er shall be entitled to exclusive usage and posses$ion of his or her ur¡it a¡¡d any related limited COmmon elements. subject to the rights of the Management Committee set forti¡ herein. Ea.ch ovrner may use the general cornman elements in <1.CCorqance "YÌ th the purpos~ for which they are intended, witho\.lt hindering or encroa.ching Upon the lawful rights of the owners. The exclusive right to repair, maintain and replace the units is reserved to the Ma.nagement Committee as provided herein, and the express written approval of the Page 3 of 24 :. / ( f: . i ¡ . ! ¡ ¡ ! . ¡ ¡ :, ·___·.·.·...·.H~_.._.. .. .. . ----,'. .---..,-'. .~. ,....,.;a__,..........._"""""'"'-..,................"'.-.-.-.....,...... . .,.......'......,.,..,...-. ~.- ..~- -"' _... . <~--~ ,-~..... .........,..-.... ..', . ".r'......., .....-",,,...,,.....'~..,.._',..,,.: "....'.... 0921673 000428 Management- C~"";;;ttee is ,equired fo, any Ìlnp,ovement, painting, foncing, ,epai, 0' s!1e,ation carried out byan owner. . A uni~ may be used and occupied by the applicabI~ Q\V1lðr, his or her family and their guests and inviteos; provided, howeve" that suoh USe and occupanoy shAll be limited to private, s ingJe family resíde:ntÌal put:poses ollly. The use of a unit for more than 30 days a.t ,a time by three or mOre .. \Iarelated i.n.dividuals is prohibited. A.1J.y time.sh~ring Or any otþ,er similar arrangement, where by the \1Se of a unit is in effect allocated between different persons for separate repeating time interval:!, is e)(pressly prohibited. Co1+fOm1ity with any and all applicable land use regulations of Lincoln COUl¡ty shall be req1.~ed, in addition to the requirements of these Covenants and any related rules. and regula.tion.s. In case of any conflict, tþ.e more Stringlmt requirements shall govern. Only sing!e~fa.mily residellti/Ù USe shall be permitted.. No commercial, industrial Or otherllon siI1g¡e~fami1y residential use whatsoever shall be pennitted in any unit, with the ~xception of an artiSt studio, worl<shop, private office 2\Ild such oilier endeavors not requiring aèc~ss to the Property by the general publio, employees, indepenqent COntractors Dr bUSmess i.nvitees in a manner which would adversely impact the neighborhood, and the Management Comnúttee may .impose œstrictions in that regard. 11. USE AND OCCUPANCY By DECLA:RANT. The Declarant and Declarant's ea;¡ployees. :represe.Q.ttJ.~iv~s, agents, and con,tractors may maintain a business and sales office, construction facilities and yards, rnociel units, and other developers facilities necessary or desirabl~ ' to De¡c1arant during the constrootion and sales period. , 12. .QERTAIN ADDITIONAL RESTRICTIONS. Thef~l1owing additional restrictions are apµ1ica.bl~ to the units and common areas. Each reference to "owners" includes their tenants and invite:es. a. Keeping Outside Area.s Clea'tl Clnd Sir¡ht1v.. The Owners shall not place or ~tore anything wi"dún the cor.nmon areas without th~ prior written COIlSent of the Managèment Com¡nittee Or itS designee ðxco~t in a faoility specifically designated or approved for their 5torage. All owners shalI' keep their residences a¡"d their units in a reasonably clean, safe, sightly, and tidy condition. No clotheslines will be permitted, Any tires, la\oVTUD.owers, garden equipm.ent, cbildren,s' toys and other similar items must be stored and appropriately screened from the public view when !lot in use. No antennas Or television "dishes" lr¡ excess of24 inches in diameter or other items ma.y be placed in public view or Upon any 0 f the common areas or unÍì:s without the express writter:¡ consent of the Mana.gement Committee. Refuse, garbage and trash shall be kept at all times in a Covered con~iner, and such covered con.tainer shall be screened from view at ~ times other than a specified regular time period for garbage ·pick-up. The parking of recre~¡:jonal vehicles, motor homes, trailers, boa.~s, Snow mobiles, Page 4 of 24 ~:::::::::::::::::::: ~: ¡ : ~&:!N~! '~, .- ~·¡'!4¡\,···~~t¡·à~t ~:~:;N¡~~l~~;t~J5i~ ~!!i.!i:'i!j~tl1t.u.:·, ;:::~~'';*::I:::~} ~:~~:r*~~!:::~:· ·,·.·.·~~~I::.~.·'.·.~I· " .','.'"., ',:, ':::":1".'. '. .;. ..."'1.,....-,.. ::'.h " i :, I ... ,...'.'. _'$.' "__..'~"'" "'.oJ-'~-"'-"'- ".' .......~............ ,.-;.,~."~--""",,"",........,...........~,,,.....,..., ...'..,....."..,. I.... . , , , - ~.~... 673 09<\.or..A.. 000429 c o.mpër-bo dies . and inoperative vehicles is prohibited in parking ElIeas, garages a.n.a other COmmon areas. The Mana.gement Committee sha.H have full power and authority to regulate the parking and $torage of cars, trucks, bicycles, rnororbike$, motorcycles and other similar vehicles and equipment. ð.nd to regulate the use ofroadways by imposing and enforcing speed limits a.n.d other restriction~, all with full power a.nd a.uthority to impose and enforce (by special assessments hereunder or otherwise) fInes and other penalties for violarions of such " regulations, b. Obstructžrzf!Co77lmo1'lAreas. O"Nners shall !lot obswct common ElIeas. OW"Ilers shall not place Or store anything ..vithin the Common areas without the prior .....vrìtten coosent of the Ma.nagement Commìtt~e or its designee except in a facility specifically designated Or approved for such storage. c. No Fireworks. The <iischarge of firearms, firecrackerS or fireworks is forbidden. d. Si,?1'ls, Witho1,1t prior written consent of the Ma.nagement çOIl'lLUÍrtee, ~Wners shall not permit any sign of any kind to be displayed to the public view from the unit or from the appurtenant common a.reas. Said restrictions shall not a.pply to the Declara.nt during the construction or sales period or to traffic signs, unit designa~O!lSJ project designations or similar signs displayed by the Management Committee or the Declarant. e. Animals. Owners sh~l not p~II11it animals of any kind to be raised, bred Or kept in their unit, excepr that occupying owners only ma.y keep up to 1 dog and 1 cat with the permission of the Management COmra.ittee, aQd other small pets kept inside are permitted on ' a reasonable ba.!¡i~, all $ubjl:ct to tbe limitations set forth herein and to ruI~s and regulations adopted by the Management Committee from time to time. Any animals permitted tD be kept on the property at EUly time shall be restraine:d and controlled at aU Limes so that they do not cause a nuisance to other O'NIlers and do uotharass or endanger wildlife. Occupants ofa. unit and the owners thereof shaH be responsible for the immedia~e rertlDval and sanirary disposal ofltlitter" left by their pe~ áIld those of guests within the boundaries ofilie project. STlUCTDOG CONTROL WlLLBEENFORCED. SpecificwrittenregistÌ-ation \iVith the Management COaunlttee is required for dogs to be kept in any unit. Large dogs, dogs which are not kept strictly as hou.se pets, and dogs owned by persons other rhnn owners and their families, may be banned completely by the Mana.gement Committee at any time. MY dogs on the Property at any time may be impounded by the Manag~r.nent Committee, and thðir release may be conditioned Upon the payment of a fine or penalty, M matter "Xho O\VIlS the dog. The public is hereby put on notice of chis rule ar¡d of the potential effecr if a. member ' of the public permits their dog to be on the pro perry at any time, whether or not they ate aware of the whereabouts of the dog. STRlCT DOG CONTROL IS ESSENTIAL TO THE QUALITY OF THE PROJECT. Page! 5 of 24 / ·,' -"'.-"! '~",;,r.......,....)O..,......:.,..",¡Þm>.~_~..___.~,~,,,,"-,..,..,..........._.~__....._._, .-,........-.......~.,,'".... .', ...' . . . . "'. .~-'......,..._._-----..-........~, -.-............" ~. ·_._......u-..~.... . ~;;-\bI' '. 0921J~73 000430 f. . LimitdtiOh3 On C.rrcID,A crivitieJ , Owners shall not pern>.i! any obnoxious Or offensi ve activity or nuisance to be carried On in Or around their wri! Dr in the oO=on areas. No üght shall be emitred or reflected D:om any unit whiõh is Unrensonably bright or eaus"" tltU'easor.¡able glare for a.QY adjacent O'vVIler. No unreasonably loud Or annoyin.g noises, Or nmdous or offensive odors, shall be emitted from any writ. The Mß:nage",ent Conunittee is expressly autborized to regulate and limit the use of wOodburning stoves and fireplaces. g. A,rchitedwal Control. Except as oth"'Wise e;q>re5s1y provided herein. ao buiJdiag, fence, wall, driveway, excavation or Î1nprovement of !illY kind shall be conunenced, ~ectad Or maintainod upon the property, nOr sha.ll any e;qerior addition to or change Or alteration therein be!tlOde (inclUding without lÎ1nitatio" any closing in of a porcl1 Or baIcony) by any oWner orber than Deciarant, until the pIans and specifications showing the nature, kind, shape, height, 'materials, and location of the same sha.ll have been submitted to and approved in writing by the Management ,COmmittee, as to harmony of external design and location in rejation !o surrounding 'mlCtures and topography, and ia relationship to the qUajity and a.ppearance of the proj~ct.. . h. C()1rI'OIÙ:rr!~e with Rule.5' and Ref!UlatfOrl.5'. O'v\'t1,ers shall not violate any rules and reguj~!Íons for the use of conunon areas adopted by the Managemen! ColI1JlÙttee and furnished Îr1 writing to the owners. Fines and other penalties for violations thereofmoy h. imposed and enforced (by specia.l assessment or orhervvise) by the Management COm.mlttee for violations of such. roJes end reguj.tions, end it Is expressly understood that owner, "'ay be held responsible fOf a¡::t$ of their tenants and invitees. i. Wildlife P."oteètior!. There shall be no use Or cultivation of plant materials attra.ctive to mule deer, and artificial feeding of mule deer is prohibited, 13. EASEl\1ENTS FORENCROACBMENTS. rfany portion of the common elements . encroaches upon W1its, a valid easement for the encroachment and for the maint~na.nce of same, so long as it stands, shall and does exist 14. THE ASSOCIATION. a. Membe1"shæ.. Ea.ch o "'Vner shal! belong to the Association by virtue of owning deeded rights to USa.ge of a unit in the project covered by this Declara.tion. By the sale or other tra.nsfer of deeded rights to usage of a unit, the transferring owner's membersbip in the . Association shall be ipso facto transfen-ed to rhe transferee of such unit, ,b. An.n.ual Meeri71~. There si:¡all be an annl.UI.! meeting of tht: Assooiation ro be held in each calendar year, at the project site, or at suoh other place, date, or time as may be designated by Written notice of the ManageIIlc=nt Cozn.m.¡ttee to the Owners not less than fifteen days prior co tQ.e acttuù date fixed for said meeting. At the annual meeting, the Page 6 of 44 ·:,:~:'t;:.:;:.::::¡:i1 ;~ :~~:~r1~· ;Ii~¡¡~i;mmt;¡~~ ;:O:::O::::;:::~::::t,: :~;:;:::::*:~;!::*;: :~~¡;¡{~I~!~1r~~i~~lli}ii! I I I , ......... ,....,.-. ,.--.;.-.....,...-.............-....,.:.., ..... '.... _ _,........~..... ~ n "-_ ...~ '-."...~.."',---,, ,......-...-.--............. '.. , -~·~-__..n_~.______·_·.,.._._.h ,. ..-............... ,I , .·092,1.{~73 000431 . , Manågemen.t 'Codu:tlittee shaÌl present an audit or fi.aancial ~eYiew of the common expenses, itemizing receipts and disbursements for the preceqing calendar yea.t't the a11oc::rtioI1 thereof to eílch o'wner, and the esti.n+o.ted cornman expenses for the coming calendar year, . . c. Special Meerin~.!. Special meetings of the Associationma.y be held at any time, either Upon the call of owners possessing a one-fourth interest in the units, or upon the call of a. " majQrity of the Managememt Committee. Upon such caU, or the receipt of such call, the Ma..nagement Corrunittee shaH send out written notices of the meeting to all owners. provided tha.t such notice is sent 110 t less than fifteen da.ys prior to the date fixed for said m.eeting, and shall specify the date, time, place, and p~ose for said meeting. d. NDtioe ofMeetz'r!g}". A written or printed notice of every meeting of the Association staTing whether it is an annußl meeting Or special meeting, the authority fDr the call of the meeting, the place, day, and hour thereof Etnd the purpose therefore shall be given by the Management Corr:unirtee at teast fifteen days before the date set for such meeting: Such notice shall be given to each owneri.n any of the following ways: (i) by leaving the same vtith him personally, or (ii) by !eaving the same at his or her usual pla.ce of business, of (iii) by mai.1.mg it. postage prepaid, addressed to such. O\Vl1er at his address as it appears on the records of the Management Committee. e. Waiver O[NDffce. The pr~sence of all ovvners, eith~r in person or by proxy, at any meeting, shall render the Same a validrneeting. A.ny meeting so held, notwithstanding the fact that no notlc:e of meeting was given, Or that the notice given wa..s improper, shall be valid for ail p).l!Poses, and at such meeting any general business may be transa.ct~d and any action may. be taken. f. Ouo1'um. At any me¡:µng of the Associa.tion, thQ~e present in'person or by proxy. whose a.ggregate inter~st in the units constitutes a majority ofthe aggregate interes~ of aU O'\ovners in the units. shall constitute a. quorum. Once such quorum is present, the cO.Qcuning vote of a majority of those present on any matter shall be valid and binding U.pon the owners~ Ilnless otheIWise expressly provided by this Declaration. The Association may also act without El meeti.IJ.g by written consent of a. m.a.jority ofth~ voting pOwer aitb.e O'rYners entitled to vote. Whenever in this Declaration the consent or app¡,ovaJ of OWners isrequireä, such approval or consent shall be given p1,,1Isuant to this para.graph at a meeting of the Association Qr by a wrirten,. unless otherwise specifica.lly provided herein. , g, VDtil'l~. Any person Or entity or combination thereof, owning any unit in this project duly recorded in his, her or its name, as determined by the record$ of the Management Committee shall be: entitledt either in person Or by proxy, to Gast one Vote per unit. AIly provision to the contrary notwithstanding, co..owners or jOÍl1.t owners s/lo.lI be de¡;:med as one owner. The authority given by an owner to a.nother to represent sl.¡ch QW!ll~r at meetings shall be in wrÜing, signed by such member, or ua unit is jointly o,;vned then by aU j oint oWners, Or Page 7 ot 24 ... - / "'''-''''-'''''''..-' . ..........~.............,._..., ...,.-...................... ~~..._._-".'. -_.-... -..... ..._.~.-..- -.--.. . , 09Z'1673 000432 . if such 'Owner is a. CDIpo,atio'n. by the property officers thereof, Ellld shall be filed vvith the Management Committee. and unless limited by its terms, such authority shall be Î::ieemed good until revoked in writing. An executor, adminlstrator, guardic.n, or trustee may vote in person or by proxy with respect to ~y unit ovvned or held by him. in. such capacity. whether or not the same sqall hnve been transferred to his name by a d~ly recorded conveyance; provided, however, that reasonable evidence of such capacity first be offered to the tvfanagement Committee. vYhenever any unit is owned by two or more jointly, a.s determined by the records of the Management COmmittee, the vote therefor ma.y be exerc[sed by anyone of the owners present ill the absence of protest by the other or others. h. Ad;()urnmelJ.t. Any meeting oftb.e Association ma.y be adjourned fIoIn time to time to such place EUld time as may be determined by a majority vote of the mem.bers present, whether a quorum be prese.qt or no~ in accorcbnce with the notice provision of this Section. i. Fisc(Jl Year. The fiscal yea.r of the Association shaU end on December 31 of each y~a.r. or as othcryvise detennined by the Mana.gement Committee. 15. MANAGEMENT COMMJTTEE. a. Creation and Purpase. There is hereby cr~ated the Management COmmittee, consisting of three (3) members. Subject to (b) below. each member of the Management Committee should be an owner (or a dUly authorized representative of an O'Nner which is an entity) of a unit in this project at all times during tbis tenure. The purposes of the ManJigement Corrunittee shall be to govern the affairs of the project on behalf of the' Association as its board of directors. . b. Inrsrim. CO'frLmitree, Appointees oftb.e Declarant need not be oWnars. As noted i.n (k) below, until a ciate which is three years .trom. the date of recordation of this Declaration, the Declarant sha.l~ have ~e option 'to appoint and remOve all the members of the MMagemen~ Committee; c, Term. The Maaagement Committee: members shaU serve "staggered" tenns orthree years each, with the initial three terms being for one, two and three years, Ba.ch riJ.ember of the Management Comn'dttee shall hold office until the Q.ex;t applicable annual meeting of the Owners and until his or her Successor shall· þ'ave been elected and qualifiedt or until death. resignationt or removal, if on~ of the la.tter events DCCurs Sooner; provided however, that if any memberoeases ro be an OWner or a duly authorized representative of an owner which is aa entity. then, hi.s or her membership on tb.e Management Committee shall thereupon au.tomatically terminate. d. CUl'!!u!arive VDtil1g, At any election of Committee members, the vote attributable to each unit ma.y not be accumulated by the oymer thereof. flagl'.: 8 of 24 ¡m!!i~I~~ ~ i':·tr.·::f¡::r:;:::~:::~ I;.:¡.t:,.·:-,·.·li·':'~. J I .~Ò!~..!~,!.~~., I,' '-'. "~'-''''''_.M'."",."",,''''''''''...,.__"'''''~.',_J'''''~ ......,.,.....,.... .............-.uo......< ." ."..,.........,-.."".....-.,..'.,'. .'...... ,'"... ,.,....-.............., -.--" "~""'--"'''''''~' ~~~.."'"' . "'-"--"''''~'.' .,... "-..' ..... .........,.............,' . ., 092167;1 000433 e. . l?,eji;~natiD17 ca'/d Removal. At any regular meeting Or special meeting duly caU.ed, any one Or more ofllie members of the Management Committee may be removed with or 'without caLtSe by a mEljority vote ofthe OWners and a successor may then ar¡d there by elected to fill the vacancy thus created. Any member whQse removal has been prQPos~d shall be given EI1l opportunity to be heard at the meeting. Any member ma.y resign at any ti.m.e by gi ving \ovritten notice fO the Manager. f. VacarLO\l. Any va,cal1cy in the Management Committee occun-ing during a members tl:rm shall be filled for the balance of that member's tenn by appointment rnade by the Management Committee. .. g, p,.ocèedirzp.s. If all mem.bers of the Management Committee are presen~ a II1ájority vote shall be the act of the Management COmmittee; however, two members of the Man.agement COmrn.ittee shall constitute a quorum, and, if a. quorum is present, the: unanimous decision of those present shall be the act of the Management Committee. The Ma..ruJ.gement CQ11l1nittee sball elect a chairm~ to preside over its meetings ~d those of the Association: Minutes of the meetings of the Management Com.m.ittee shall be maintainod and available for inspection by any owner. -Meetings oftbe Management COmmjttee .ma.y be called, held, and conduct~d i~ accordance with such regulations as the Management Committee may adopt. The Management Committee may also act miliout a meeting by una.nimous written consent of its members. . h. Rer!/,¡/ar Meetin~s. Regt!lar meetings of the Management COmmittee may be held at . such time and place as shall be detennú1ed, from time to tin:1e, by a. majority of the . Management Comm,ittee. NQtice of regular rneetillgs of the Man¡:¡.gement Committe~ shall be given to each m.ember, personally Or by mail) Or by telephonet at least five days prior to the day named for such meeting. i. $p.ec:ial Meetinr:.~. Special meetings of the Management COmmittee may be called by its chairman on five day's notice to each member) givell personally, or by mail, or by telephone, whic.h notice sha.ll !:ìta.te the time, place, and P1.U'pose of the meeting. . . j. Waiver of NoNce. Before or a.t any meeting of the MElllagement COnunittee mlY member may, in \.yriting~ waive notice of such meeting and such waiver shall be deemed equivalent to the givÜlg of such notice. Attendance of a member at any meeting Qf the Management Committee shall be a waiver of notice by him or her of the time and place thereof. If all t.he members are present at any n¡eeting of the Managen:¡ent Cornrni ttee, no notice shall be required and any business may 'be transacted at such meeting. k. Initial Control Period. Until a date which is three years from the date ofrecordlltion of thls Declara!ion, the Dec!ar~t shall have the option to appoint and remove a.ll members of the Management Committee, to apPOÙJt and remove all officers of the Association, and to Page 9 of 24 I. <- / ;Y :'<:~·,iG"''''':~:,-:·(1.'''''·I.l_' ,·.r" ·,....v.~~Jta::r...rism~.~~ ~,~~JZ~..~....."_·J.·F"'\:;r.~~·_,~:...:.... ~. ~'.., -õ-. "_"~''''''~'.'''' .............p................ . ._...~.o..............__._._..___.....,..,_.~_.,~ -' 0921673 000434 exercìsë', thë þowcr!i¡ and rès.?onsibiliries othervrise assigned by the Declara.tio:Q' to the AssocIation. Declarant ,haU have the optIon at any time, by an expr", writtert c{<claration, to turn 0 ver to the Association the tota.l responsibility for electing and removing members of the M~agero.ent Committee and the otñcers, , I 16, POWERS AND DUTIES OF lVIANAGEMENT COMJ\lilTTEE. Subject to the .' rights ofDeclaran~ th~ Management Committee shall have the powers and duties neces.sary for the administrntion, operation, and mal.nrenance of the project. Such powers and duties of the Mana.gement COmmittee shall lllclude, bt+t ~hall not be limited to, the following, all of which shall be dQn~ for and on behalf of the owners of the units: . a. To a.dmin1ster and enforce the Covenants, restrictions. eÇlSernent, conditio:Qs, uses, Jimitations, obligations, and all other provisions set forth in this Declaration. b. To establish, rc.a.ke, and enforce compliance with $~ch rules and regulations (including wHhout limitation enforcement provisions such as fines) as'may be necessary for the operation, occupancy, and peaceful and orderly use and enjoyment ofrhe µnits· and cOIIllT,lon elements oftb.i$ project, with rhe right to amend said rules and regulations :trom time to time. C. To incur such cOsts and expenses as may be necessary to keep ill good order, condition and repair all of the common elements and a.ll items of cornman persbnal property. d. To insure and keep insured all of the units on the units and (Ùl insurable comm.on elements of the property and all of the Common fixtures, eqUipment. and persona! property against loss due to flre, extended Coverage perils, vaDdalism and malicious mischief: in an amount equal to the full insura.ble replacement costs. Further, to Dbtain and mW1tain ,comprehen.sive public liability insurance covering the en.tire premises and in.sll.rÙ1g the M~gem.ent COmmittee and the Manager, if any. e, To prepare a budget for the project, a.t least annually, in order to detennine the amount ofilie assessme:nts payable by the o'wners ,to meet the CO~on expenses of the project, and a11ocíl~e ß.nd assess such COmmon charges among the owners on a unit by unit,basis, ~d by m8jarlty vote of the Management Committee to adjust, decn.:ase Or increase the amOUI¡t of the quarterly or monthly assessm.ents, and remit or n:tum, any exce$S of assessments ove): expenses, working c&pital, si:n.king funds, reserve for deferred maintenance and for repla.cem.ent, to the owners at the end of ea.ch operating year. f. To Ievy one or more special assessments Upon all OWtl~s in the same manner as genera.! assessments whenever the general assessments shall appear to the ManE\.gement Comn:tittee to be insufficienr to enable it to carry out, its obligatiDns in Pa~e 10 of 24 ¡~im~~;im!;~J '~. ~:;;:~ii;¡¡;:!::!:¡UW':;;':::¡ '., '."",!¡¡iI':n:.¡",¡:,' '>;;"1.,., ~1i._...,..._, ; ~11+~¡: li ! ('i'; ! ': h~, "i· '.1¡,~·~:!:t4'H~ f:i!:!~r::f>1~.!12JY ;;:::::::.:~~:~::::; ::!:::;:~~:;ili!:;:t:;~~; fmrIti1[~~imm}Jl~ ...-........-..... ~ .~. I ~-". ...... .........__.,.. .... .. .....'...."..... .-""-'_'-..,........-.c.....,...............,,,,,.r...........,,..,.....,,... ..-'...';.....,..-... . .-.....,..;.....,.;.;..... 0921.i.)t73 000435 . ·~nnecti.on with the' operation of the project, Or whenever th.e Management Committee is required to make an eXpenditure under or ilJ connection wilh the Declaration for whi ch there are not sufficieut funds available in the maintenance fund. One or m.Ore special assessments may be levied by the Management COmmittee upon less than all owners when permitted by this Declaration. Unless the Mana.gement Conuni ttee othern-ise notifies the owner or ° "VDers agElinst whom a special assessment has been leVied, the special assessraent is payable Úl full On the date specified in the notice of the levy. g. To coHeet deUnquent assessments by suit or otherwise an.d to enjoin or seek damages from an owner as is provided in this Declara.tion. and to e.nforce ala.te ch4rge of.5% of an amount in defa.ult and to collect interest at the rQ.te of 12% per annum in connection with assessments in' default, together with all expenses; including reasonable attorney's fees incun-ed. h. To pfotect and defend On behalf of the project allY Pa.I1 Or all of the project from loss and damage by suit or otherwise. i. To borrow funds in, order to pay for any expenditure or outlay required pursu~t to the a\l'thority gra~.ted by the provisîous of this Declaration, and to execute all such Ï11.stru.ments evidencing such indebtedness a.s the Management CorDn'littee may çleem neces~a0' and give security thereof; provided, however, that his provisioll shall not be deerned to give the M~agement COIQ.1'!lÎttee the power or right to plEl-ce any liens On any units, Such indebtedness shall be the several obligatio~s ofall of the owners. . j. To enter into contracts to carry out their duties and power~. k. To establish a bank account or accounts for -q¡e common tree,swi and for a.ll separate funds which are required or roay be deemed advisable, 1. To make aU repai.rs and do all maintenance to the common elements and the UI1.Ìts. m. To keep and maint!.Ú1 full and accurate books and records Showing all of the receiptst expenses, and disbursements, and. to pemlit examination thereof at any reasonable time by any O"Nner. n. To prepare and deliver annually to each o'l,vner a statement showing receipts. ex.penses, and disbursemems since the Last such statement. o. To meet at leasT once each year. Page 1 ¡ of 24 -- / >" "-,_._~--,-,. ~. ---~--~ -~~--_.. " '0921673 000436 p. . To dësígnate the perso.lU1e! necessary for tile maintenance and operation of the general and limited common elements. q. In general, to carry on the adrWnistratian of the project and to do all things .necessary and reasonable in order to cany out the governing and the operation of the projec!, r. To control tmd manage the l1Se of aU parking areas. .. 17. MAN AGER.. Any Manager shall have and exercise such pOWers as are granted to the ManagOl»ent Conuuin.e hereunder (and any power herein delegated to tho M_gement Committee shall be exercisable by tbe Manager), but ,ejd Manager sheil be di,¡ectly responsible to, and qnder the control of, the Mana.geIl1ent Committee. 18. NOW AXYER. The ol;l1ission Or fablure of thé Management Cornmi ttee the Manager, or any owner to enfurce tho coye118nts, conditio.., reStrictions, easements, u,e" litD.itaûons, obligetions, or otbèr provision of tQi.s Declaration, or tbe house rule, and regtù.ûons adopted pursuan~ thereto, shall not con.stirute or be deemed a waiver, modification, or rel¿~e thereof, and the Management Cornmitteo, the ManagerJ or any ·oWner shall ha.ve the right to enforce the same there~er. 19. COMPENSA TI~. No member of the Ñ£a.nagement Committee shall receive any comp~nsation for actir¡g as suoh. 20. ACCOUNTS. The funds and expenditures of the unit O\V1:1ers shall be credited and ' charged to accounts under the following classifications, as shall be appropriate, a.ll of which expenditures shall be commQn. e1l:penses: a. CtlITent c:ocpense, which shaH include all funds and eXpe:c.ditures within the year for which the tlufds are budgeted, inoluding a reasonable allowance for contingencies and WodQng funds, except expenditures chargeable to ,reserves or tD additiOIlD.l improvements. b. Reserve for deferred maintenance, which shall include funds for maintenance items which occur 1es$ frequently than aD1J.ual1y. c, Reserve forrepla.cemen!¡ which shaJl include funds for repair or replacement required because of damage. wear~ Or obsolescence. -' 21. INDEMNIFICATION. Contracts or other Commitments made by the Managem.ent . CDmm~ttee or the Manager shall be ma4e as agem for the Association, and the owners shall ha.v~ no personal responsibility on any such contract or commitment (except as Owners under Section 31 hereof), Every member Df the Management Committee s1¡a.ll be indemnified by the Associatioll, . . Page 12 of 2'1 ,':!¡ "~:ìMì~:i:':'~ ~i;n?~~:~::, : m1~~;;{¡f!~i~:{~~;lfi~~ ¡:~:~~:::::*:~:m1¡ I:': '~~~:~:~!~.~.MJ I ---+..--.-------..--- ---- .-.__._.~.._._._-- .........-._... . -.. -.-. --_...- + .._& -~. 0921.(;73 000437 agamst aU reasbna.ole ocosts, expensés and liabilities (including reasonable legal fee~) actuålly and necessarily incu11'ed by or imposed upon him Ot her La Connection with any claims, taction, suit, proceeding, investigation, or inqt¡iry of whatever nature i¡:¡ whicb he or she= may be involved as a party or o~herwise by reason ofhaYÍ1lg been a member of the Ma.nagement Conimittee whether or not such .. indi vidual continu.es to be a member of the Managem.ent Committee at the trme of incurring or' imposition of such costs, expenses, or liabilities, except willful misconduct, or gross negligence or ma.lfb.sance tOWE1I'd the owners in the perfonn1lnce of duties. The foregoing right ofinde.m.nifioa.tion shall be in addition to ar¡d not in IiInitation of all rights to which such persons may be entitled as a matter oflaw and shall inure to the bonefit of the legal representatives of such person. 22. EXCULP A TI ON. No member of the Management Committee shaU be liable for0the acts or def~ults of any ather mem.ber, or for any loss sustained by the O\Yoers as å. result thereof, unless the $nme has resulted from hi.s or her O'Nn willful misconduct. 23. ° EMMINATION OF BOOKS. Each owner and ea.ch mOrtgagee ofa unit shall be permitted to exarnin~ the books of account of the Association at reasonable tirnðS. 24. lV.ŒCRANIcrS LIEN. Every owner agrees to inder:tÚlify and to hold eaoh Pfthe o~er owners harmless from any and all claims of mechanic's liens and all COStS and expenses, including attorney's fees, due to such liens filed against ather units end thé genera.l and limited common elements for labor, .tJ4aterials, services, or other products incOrporated in rhe O\Ynei's, unit. 25. RESERVA TrÇ>NFORACCESS. The Association shall have the in'evocable right. to be ~xercised by the Management Committe~ ar the Manager, to have access ro each unit from time ° to time during reasonable hours as m.o.y be necessary for the maintenance, repair, or replacement, or "for rtlaking emergency repairs therein necessary ro prevent damage to the CO!:t1roon elements or to a.noth~r unit. Damage to the interior or any part of a Wlit resulting from the 1+lainœnance, repair, . emergency repair, or replacement of any of the general or limited CommOn elements or as a result of emergency repairs within anoth.eX' unit, a.t the instance ofllie Management Committee or the Manager, shall be a common expen.se of all rhe owners unless such damage is the result of the misuse or negHget'lce of an owner or such owner's invitees, guests or representadves, in which case such expense shalî be charged to such owner). . 26. MAINTEl'{ANCE RESPONSffirr..lTIES. As noted i.Q this Dec!a.ra~ion, the mair.¡tenance and repair of buildings ....vi11 be the responsibility of the Association, not the indivic .ual OWners. An owner shall mamtain and keep in good repáir the interior of his or her o\oVn uDit, includi,pg the fixtures, window gl21.ss, doors, appliances ~d interior paint. All fixtures and equipment insta.lLed within the unit commencing at a point where the u¡jlities enter the unit sh.all be maintained and kept ip. repair by th~ owner thereof. The o"vner must repair items such as paint and sheetrock which ElJ'e damaged by unit OCCttp811ts unless the damage is caused by ca.s1.1.ali:y (sucl:1 as fire) and the repa4',cost is covered by insurance; ofrhe Association. An. Owner sha.ll do no act nor any work thar will impair the structural soundness ar integrity of the unit or impair a:ny easem.ent of hereditament. I : , I Fag~ 13 of 24 ! ¡ , / ·...-------.... . .---._. .-..--...-. .._w.__.... . - _._--_. --. ................ . .. . ,09Z1G73 000438 . An owner sbålI alsõ keep any cOI1UÍ1on area appurt"'ant to his or her unit in a cl... and 'iuritary condition. An Owner 'haU be responsible for the cost of repairs for damage COused by tho negligenc, cf the O"",,er Or any Occupant of th, unit, to the e:<rent UainsureC by the ASSociation (su.h as the deductible amount). AlJ other costs of mainten..ce orr,palrs to the conunon element, and buil ding, ,hall be carried ou¡ by the Maoagement COmmittee EUld shall be a common e"P'nse of all of th, own.rs. As noted in Secdon 32 below, owners.are enccuraged to 'maintain th,ir own insurance against certain risks and 10 require renter's insurEUlce as appropriate. Declarant ,hall no t be Uable for the costs of maimeJ;lance, repair or replacement of a.ay tllÙts Or othor improvements. 27. COMPLIANCE. Each owner shall comply strictly with rl1e prcvisions of thí, Declaration and the decisio", and re'olutions of the lvIanogement COmmittee adopted purSUant thereto as the same may be lawfully amended .&001 time to time. Failure to comply with any of the same shall be groundS for on action to reCOVar sums due, fcr dnmeges Cr inj unctive relief or bo th, and fcr n;imburse01enl of aU attorney's feos inclUTed in connection therewith, which action ,haU be mafnminable by the lvIanagement Co=itree cr the lvIanagar in the neme ofrl1e A..!sociation On behalf of th¡: owpers or, in a proper case, by an aggrieved owner. 28. RESTRICT ONS RELAT G OINS!iRANCE COVE.RAGE. Without the prior 1"ritten consent of the lvIanagement COmmittee, nothing shail be done, kept or penn;tted to e"ÎSt ' in aoy urnt or;" the common area. wlrich will resuit in an increese in the rate of ins""'ce therein, No OWOer shA1I pennit anything to be done or kept i¡¡ his or her unit which wil1 result in the . canceUa.tion ofínsurance covering the project or any part thereof, or which would be in vioLation of any law. 29. REVOCAl'IONORMŒNDMENTTODECLARATION. ThisDeclararionshaU Mt be revoked uniess aU of the owners and aU of the holders of any recorded f'"lt mortgage Or fust deed Qf trust covering Or aifecting any or aU of the units unanbnou,ty CO"-'ent md agree to such .rðvoc~tion by instrument duly record~d. 'This Declaration shall nOt be am.::nded unless the OWner~ of the ,units consent and agree to ,uch amendment by instrument duly recorded and attested by the presidont and secretary of the Association, pro vided that revoca~on 'of this Decl"ation shall always require the Consent of all holders of any recorded first mortgages. 30. ADDITIONS. AL TERA TrONS AND IMPROVElY.ŒNTS. The Declanlnt retains fuli authority to furth.,. improve the property and add to and uülize the commo.. elements. 31. ASSE~SlVŒNT~. The making and collection of assessments of any nature from owners for their share of common expenses (determined pursuant to this ArticI~ and the other applioable provisions of this Declarat(on) shall be carried out by the Management COm¡nitree in accordance with the follo\Ving provi.sions: a, When As~f$.~ment CO/'rlmerzce. Assl:s.sments for ~ny unit shall COlilnlence On the applica.bl~ date specified by the DecLa.rant, but not later than the date of c~osing of a saLe of i i I:::::::*:~*::::¡::: ¡l~~~~::~;~J ~. Po.g~ 14 of 24 -- ~it¡Jifm~¡!f1mID~1 1m '.'. "Hi:,;...:,,:::.:. :i!:;:' .' ,.....-<..............,.."...-,' ..-.-, ...-....,..',.,.,..:;-..........:. 0921J}73 000439 a corripfeteáúnit by DeclarG.Ì1t. I b. Share9 ofCommo'n ExpelUes. Each. owner of a unit s1+al1 be responsible for an equal proportiona.te sh~e of all General Com.monExpenses. Such"General Common EXpenses" include the fOllowmg services obtained by the Association: road maintenance and Snow removal services, trash collection, utility line maintenance, cable trlèyisio~ices for all owners, landscaping, installatiO? and mainteìWlce of walkways, ~~s and security personnel and equipment. common area facilities installa.tion and maintenance, EUld a. portion of the cost of admipistratiQn. landscaping and improvement of the property (including accounting, legal. equipment. personnel and overhead); and all expenses of the Association for insurance, maintenance, r~pair, opera.tion, landscaping, improvement mana.gement and admini.rtration. Such General COIt1.monExpenses shall be the responsibility ofall owners and sÞall be shared by all owners on· an.equal unit-by~unit basis. The Management Committee in. . its 4iscrerion may bill specific owners for specific service~ (such as cable television services, or repair:9 for da.n:1age causeti by the negligence of an owner or invite~s to the' ex:tent uninsured), as a special assessment against the applica.ble owner and their unit. It is expressly understood that the provision of certain services, su.ch as cable television, mayor may not be provided by the Association a.qd is subject to rhe discretion of the Management Committee, and that certain services such as water and sewer services ma.y be provided by other entities such 8.$ che'Town of Tha,yne. c. RŽf!hr.v ro Collect .From TenÇ!?l!,. If an owner $~l. at any time, lease his or her unit and EjhaJI be in. defa.ult for a period of one Inonth or more in the payment of assessments or other charges,. the Management Co¡:q.mittee may, at its option, so long as such default shall, continue, demand and receive from any tenant or subtenant of tho owner thé rent due or becoming due, and tb.e payment of such rent to the Management Committ~ sball diBcharge such tenant or subre.nnnt fr9m the obligation for I'Ct1t to the owner and the owner from his obLiga.tion to the Association, to the extent of the amount so pa.id. The Management Committee shall be fully entitled to demand and receive a copy of the applica.ble lease agreement 32. IN'S1:JR.AJ,'{ CEo The M~gement CaIWnittee, or Manager shall obtain and,rnamtain at a.ll tÙ+1es insuraqce of the type ~d kínc!. stated in this Declaration, and including, at !he discretion of the Management Committee. risks of e. similar or dissimilar natlll'e. as are or shall hereafter customarily be covered with respect to other projects similar in use, issued by responsible insurance compa.¡¡ies authorized to do business in WyoInÍ1lg. The fire and e]-..1ended covera.ge insurance, including v~ndalism ao.d malicious mischief, to be maintained as to the unit::1 shall also cover all fl:àur~s, interior walls and partitions, decora.t~d and f.uúshed surfaces of perimeter walls, floors, and cciliJ1ga, doors. WÌndows and oth,er elements or materials comprising a part of the units. The insurapce shall be carried in bl~nket policy form namin.g the Management Co¡runittee the insured. as a.ttorney-in-fact for all of the uuit owners, at their cornmon expense. which policy or policie~ shall contain a standard non-comributory mortgage elapse in favor of each firstrnortgagee, and a Pnge IS of 14 .. >- / -- _~*-.___~~~...~__~,~"" ~v__c_.~.._ . .................... ". .,.....,,'~~..".,--.......,................. ...,..,.~._-...._. . .",', '......_..~.....,.. ....,_.. .,., '. , '.. . .... .,...'""...._.,..~.... -. o 921J}73 000440 · noncancellatiÕn·olaüse-(whether or not requested by the OW1l~rs of units) providing that such"pOlicy or policies may not be canceled except Upon thirty (30) days' prior written notice thereof to the Manage¡:ne.nt Committee, each fust mortgagee, and every other person in .interest who shall ha.ve requested such notice of the insurer. The Management Committee, or the Manager, shall also obtain and l1Ialntainpublic liability insurance insuring each member of the Ma.u.a.gement Comnlittec, the MiU1ager, if any, the Association, an,d the owners against any liability to the owne1'$ or any other persc>Q. i.Q.oi4entto the ownership of or use of the project or any part thereof. Limits of liability tmder . such insur~ce shall not be less than Five Hundred Thousand Dol!.ars ($500,000.00) for anyone iper~Qn Ï¡1jUt'ed. One Million DoUars ($1,000.000.00) for each Occurrence, and Five Hundred Thou,s~d Dollars ($500,00Q.00) for property d~ge fat' each gccmreIloe. This iSjo.rt the minimum. amo4Ilt, and it is expte$S!Y contemplated that the Manllgement COmmittee may, in its discretion, obtaiµ insurance with higher limits and insurs.nce against risks (such as earthquake damage) which are not specifically referred to herein. The Mana.gl'lIlent Committee n¡ay nlso obtain insurance with rela.tively high deductible~" Owner-s are encOU1'11e-ed to carry their own in~u:rlU1~ð (nnd to reQuire rent~rs "nsuranc ent unit.~ to cov 'r' heir sible r . itvfor n ent 0 da.mn e.~ Sue as th~ deductibIe amount. which is not in"uted bv the Á.'I.!Iociation ibel!. All insurance policies obtained by the Associa,cion itself should be reviewed at least annually by the Mana.gement Committee. Each o"vner. upon beCOming 411 owner, sball be dee1Ilcd to have constituted and appointed. and dDes hereby so cOQStiro.te and appoint the Management Co.mm.ittee as his true and lawful attorney-in-fact to act in all matters concerning the purchMe 8.Qd malntcIl1Ulce of aH types of property and liability ~urance perta.ini.ng to the project. Each o'wner does further :qereby agree, without limitation on the generality of the forcgoíng, and each mortgagee, upon. becoII1ÍtLg B. mortgagee Or . holder (as trustee or as bCQl';ficiary) of a. deed of trost of a unit does hereby agree. that the Mana,¥'ement Committee, as attomey-in·fact, shan ba.ve full power and. a,ûthorityt in addition to the powers above given, to purchase and maintain such ÌQ8u.rance, and rðmit .premil!n1S therefor, to cQllect proce¡;ds and to use tb,e s~e, and dism"bute the s¡une to the Management Committee, owners and mOrtgagees, as "their interestg may appear. all purs't.Umt to and subject to applicable statutes and the provisions of this Declaration, nnd to ~X:ecute all docuxuents and do all things on behalf of each owner and the Management Committee as shall be necessary or convenient to the accomplishment of the foregoing, 33. OWNER'S PERSONAL OBLIGATIONS. The amount of the conunon expenses assessed against each unit shaU be the personal and individual debt of the owner(s) thereof No owner may exempt himself 1Ìom liability for his contribution towards the common expenses by waiver of the use or enjoyment of any of the common elements or by abandonment of his unit. Both the Management Committee and the Manager shall have the responsibility to take prompt action to collect any unpaid assessment. Page 16 of 24 E·"!/'~;~·:':~.j ;1 1':::;;~':I,~;:I~i':~¡ . ~:~~~!ili;;Î -, : :~]¡~i~~i!~;~F '~""'''__'''''''''''''''''''''''~'.'''''''~---=-W~''''''''''''~--'''''''''''''' __.,,'..,',,_.,.....~_...>.._. - '-,.-,,' '. '.,-" ,. '.......,.........._..,._..~ -.. r' '...,..""'-..."."'......._.........-.-..___,_.,_.....,~___ _ .........._ '...O':.~..._,.'T.' ........',. ',"'" """..'." .....,'..".....'.... 0921.b73 34. EFFECT OF NONPAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION 000441 A. Any Assessment, or any installment of an Assessment, which is not paid wi1:hiit thirty (30) days after the Assessment or any installment of an Assessment first became due, shall be deemed delinquent and shall bear interest nom the date of the delinquency at the rate of eighteen . percent (18%) per annum. In addition, the Board of Directors may establish a reasonable late fee to be charged to a Unit Owner and assessed against his Unit as part of the Assessment Lien for each installment of an Assessment that is deemed delinquent. i ! B. All Assessments, fees, and other charges imposed or levied against any Unit or Unit Owner shall be secured by the Assessment Lien. The recording of this Declaration constitutes record notice and perfection of the Assessment Lien and no further recordation of any claim oflien shall be required. Although not required to perfect the Assessment Lien, the Association shall have the right, but not the obligation, to record a notice setting forth the amount of any delinquent Assessments, fees, or other clµuges imposed or levied against the Unit or the Unit Owner which are secured by the Assessment Lien. C. The Association shall have the right. at its option, to enforce collection of any delinquent Assessments and all other fees and charges owed to the Association, including reasonable Attorneys fees, in any manner allowed by law, including but not limited to: 1. Bringing an action at law against the Unit Owner personally obligated to pay the delinquent amounts wlúch came due at the time he was the Owner thereof, wlúch action may be brought without waiving the Assessment Lien securing any sucn delinquent amounts; provided, however, that the personal obligation to pay delinquent Assessments wlúch came due prior to the transfer of ownership shall not pass to successors in title; 2. Bringing an action to foreclose its Assessment Lien against the Unit in the manner provided by law for the foreclosure of a realty mortgage including by advertisement and sale. D. The Association shall have the power to bid in the indebtedness owed to the Association at any foreclosure sale and to purchase, acquire, hold, lease, mortgage and convey any and all Units purchased at such sale. Page 17 of24 ... " J / ·_'_._._H.'___'... . ..' ._~-----.. _._-"- ..,............-...,. . ...,.,...........--,~".". '..-_."" "-".'...' ..-... ........ 0921673 000442 SUBORDINATION OF ASSÈSSMENT LIEN TO MORTGAGES The Assessment Lien shall be subordinate to the lien of any First Mortgage. Any First Mortgagee or any other party acquiring title or coming into possession of a Unit through foreclosure of a First Mortgage, purchase at a foreclosure sale or trustee sale, or through ahy equivalent proceedings, such as, but not limited to, the taking of a deed in lieu of foreclosure, shall acquire title free and clear of any claims for unpaid Assessments and other charges and fees against the Unit which became payable prior to such sale or transfer. Following foreclosure or sale, there shall be a continuing lien on any proceeds distributable or payable directly or indirectly to the Unit Owner/obligor. Any delinquent Assessments, fees and other charges which are extinguished pursuant to this section may be reallocated and assessed to all Units as a Common Expense. Any Assessments, fees and other charges against the Unit which accrue prior to such sale or transfer shall remain the personal obligation of the defaulting Unit Owner. 35. MORTGAGES. An owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage, or other security instrument. The owner of a unit may create mortgages, liens, or encumbrances subject to the following: any such conditions, covenants, restrictions, uses, limitations, obligations shall be subject to lien for common expenses and other obligations created by this Declaration; and the mortgagee under any mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged premises, all ofhis or her right, title, and interest in and to the proceeds under all insurance policies upon the unit and project. Such release shall be furnished forthwith by a mortgagee upon written request of one or more of the members of the Management Committee, and if such request is not granted, such !release may be executed by the Management Committee as attorney-in-fact for such mortgagee. I . I 36. RECONSTRUCTION. This Declaration does hereby make mandatory the :irrevocable appointment of an attorney-in-fact to deal with the property upon its destruction, for 'repair, reconstruction or obsolescence. Title to any unit is declared and expressly made subject to the terms and conditions hereof, and acceptanèe by any grantee of a deed or other instrument of conveyance from the Declarant or from any owner or grantor shall constitute appointment of the attorney-in-fact herein provided. All of the owners irrevocably constitute and appoint the Management Committee their true and lawful attorney in their name, place, and stead for the appraiser. Page 18 of 24 lli;~; ~:. ~IJ~. :::~ '~~J ¡ii¡ililli~;~mm~} -. : ;*:::::::~~i::~*:: .......;',....,1.1.,.../ '..,'.I....,..;;-.I.~.'~¡.,' ~;:,¡¡:~ii*;t:~mmm~~ - - .....--.-...,.....- --. .. .-.__._._...~-,. -,....-....., .",'" . - .'.~ ,-. ,-, .-" '" - - 000443 Q921.f'}73 The decision of the appraisers to the fair market vah.le. or in the case of ilieir disagreement, then such decision of the umpire, shall be fu1al and binding: The e:cpenses and fees of such appraiseJ,'S shall be borne equally by tho MÆlnagtm1ent Committee and the owner. The sale shall bé co.nsununated within 15 da.ys thereafter " and the Management Conunittee. as attomey-ln-fa.ct shall pa.y the purchase price therefore i.Q cash and sh3.ll disbuÍse such purchase price for the same purposes and in the same order as is provided in S!1bpm-a~ph (b) 1. through 5. of this paragraph. except a.s modified herein. At the tUnc of payment to such owner, such owner shalI deliver to the Managentent ComItli ttee, or its nom.in.ee, a good and sufficient warranty deed. to the \lIÜt, fully executed and in recordable form. tree and clear of alllicIUl, charges and enoumbrancE:s. ' 37. GJ:t'WRAh l!ESERV A TIONS. Declarant reserves the right until cOJJlpletion of the proj f¡ct and until a written stat¢rnent to that effect is recorded by Deolarant. to est~b1îsh casements; reservations. exc~tians, and exclusions and for the best interests of the project. 38. COVENÁI."I'TS TO If{.1]'l WITH LAl'ill.. Each of the covonaats of this D~çlaratiou shall run wirh the real property whioh is the subject of tbis Declaration. nnd ea.cb and every condominium and every interest ¡:herein or pe.naining thereto. and fib.a.U bind Declarant, its successors. grantees and assigns. and all pPrtie5 claimiÙg by. through. or under Declarant. Bach purchaser of any U1dt shall, by acc~tance of the deed or other conveylUlce of any such unit, be conclusively deemed to have consented to and a.greed to each to each and all of said covenants for himself and his heirs, exeeutors, a.dministrators. successors and assigns. and dpcs, by said acceptanCc. covenant for himself and his heirs. executors, ad.tninistrat01'S. successors, and assigns. [0 observe, perform and þe bound , by ea.qh tÚld all of said covenants. . ! 39.. ASSIGNMENT QFDECLARANT'S RIGHTS. . Declarant reserve's the right to vest any ~ntity with all or any of the rights, interes1$, privileges, easements, powers and duties herein retainéd or reserved by Declarant, by a supplemental de~larB.tion nnd a.ssi~ent which &ball be effective when recorded in the Office of the County Clerk, Lincoln County. Wyoming. and Declarant shall thereupon be rèlievec! and discharged from. every duty so vested.in :;ucb. other entity. Page 19 of 24 ... -- / · --~.. -.- - -_._~_._. '-- .._-- ------ <-.- - - -.- -- --0·0-.· __....~.... Ó92í.f.}73 000444 p\lrposes of de'.li:'g with the property- upo~ j Is destruction or 0 bsolesconce '\S is hereinafter prOvided. - As attorney,in,fact, the MenagOOlent COmmittee ,hall have Ji¡¡! and complete authoriz.ti~~, right and power to make, execute, and deliver any contract, deed, Or any other instrument with respect to the interest of a condOminium unit owner which is necess"'Y and appropriate to eKercise the powers herein granted. Repair and reconstructip~ 0 [bnproveme~1s as used in the SUoceeding sUbparagrapbs means restoring in1.provements tD substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance colleCted sholl be avai!able to the Manogement COmmittoe [Pr the purpose of repair, restoration. reconstructio~ or replaoements unless the owners and first mortgagee, agr~~ not to build in accordance 'with the provisions set forth hereinafter. a. In the: event 'of damage or destruction due to fire Or other disaster, the insurance proceeds, if sufficient to reconstruct Ï1nproveInents, shall Qe a.pplied by me Mazu¡.gemeQt COmmittee, as attorney. in-fact, to Sì.lch reconstructio~ and improvements sh~U be promptly repaired and reconstructed. The Management Committee shall have full authority, right and power, ~ attorney-in-fact, to Cause the repflÏr and' restoration of the ir:qproV~maD.ts. b. If the insurance proceeds are ir1.$ufficient to repair and reconstruct improvements, and if such dama.ge is to one-third Or fewer condominiUIn units, such dart1!ge Or destruction shall be promptly repaired and reconstructed by the Management Cam.tr:littee, as attorneY-in~fact using the procel:ds of insurance and the proceeds of an assessment to· be made in the manner .b.ereinafter set out. If ~y mOrtgage or' trust deed holder of any damaged unit required and received payro.ent of atly part of tb.~ insurance proceeds, the owner of that unit sha.ll pay to the Management COmmittee. the ~ount so received by suoh mortgagee or trust deed holder for USe by the Management Ccnunittee, with the balance of the insurance proceeds, in repairing and reoonstructing pursuant þ.ereto. The msurance proceeds, together with payments rna.è~ by unit owners shall þè held i.q a building aC:COUJ:1t fo!;' use in repairs and reconstt:uction pursUant hereto. Any deficiency in the building account shaIl be assessed aga.inst the unit Owners as a commOn expense. Such assessment shall be payable within ninety (90) da.ys after \\Il'Îtten notic~ thereof tQ the Dwners asseSsed. The Management Committee shall have full authority, right and pOwer, as attQm~y-in.. fact, to cause the repair or restoration of improvements usirig n./.1 of the i.n.suran.ce proceeds and unit o"vne.\ to pa.y an assessment. The assessment provided for herein sha.ll be B, debt of each Owner and a lien on his condominium l.UlÌt and may be enforced and collected os is provided in this Declaration. In adQition thereto, the Mana.gement COmInÏttee, as attorneY-in.-fact, .!IhalJ have the absolute right and power to sell the condo.rn1nium unit of any owner refusing or failing to pay such deficiency ass~ssment within the time provided, and if not so paid, the Management Committee shall cause to be recorded So notice th~t the condominium unit of the deUnqtlent OWIler shaD be required to pay to the Management Committee the costs and expenses for filing the notices, interest at the rate of 1 0% per annum on the amoW1t of the assessmem: from Page 20 of 24 -- Ú921()'73 o . í:::::;~<:::~::~~: ::;:;:~;:;li;:::;:'·J ............. 000445 . .. and aft!" said 90 day period, sod all reasonable attorney's ~..s inCUrred în selliJ:lg the unit and collecting s£ùd assessment. The proceeds derived from the S.3.!e of such condominium utùt sha.ll be used a.nd disbursed by the Management Corrunittee, as atrorn.ey..in-fac!, in. the following order; 1. For payment o[taxes and special assessment liens in fa.vor Or any assessing entity, and the customary expense of sale; , , 2. . For paym.ent of the balance of the lien of an}' first mortgage or trust deed with interest any prepayment penalty; 30 For payment of unpaid oommon expenses> the assessment, with ititerest, made for repair and reconstI'Qction of the project, and aU costs. expenses, and fees incurred by the Management COmruirtee in. selling such unit and CoUecting the ,as~essrp.Mt, not paid pursuant to 1. above; 4. ForpaYinent of junior liens and encUI1lbrances in the order of and to the extent of their priority; and 5. The balance re:maicing, if any, shaU be paid to the unit owner based on the . percentages set forth Í1l Exhibit B hereto. c. If the insurance proceeds are insufficient to repair and reconStruct the damaged improvem.ents, and if s1,1ch damage is to more than one-third of the condom.inium . units, and if the owners representing all aggregate ownership interest of 51 perCent, or more, of the general Common elements do not voluntarily, wjthin 100 days after such damage, make pro'\IÏsions for reconstruction, which plaIl mùst hav~ the unanimous approval Or CQnsent of every holder of a f¡,rst mprtgage then of record, the Manigement Committee shall forthwith record a notice setting forth such fact Or facts, and upon the recording of sLl-ch notice, !he entire condominium project shall be sold by 1:h.e Manngernent Committee pursuant to the provisions of this paragraph, as attorney~in-fact for all of the owners, free and clear of the prOYÏS10P.S contained in this Declaration and the Map. The insurance settlement'proceeds shall be collected by .the Mana.gement Committee, and such proceeds .shall be divided by the Managemen[ Committee according to each OWners percentage interest in the general comm.on elements and such divided proceeds shall be paid into separate accounts, ea.ch account representing or¡e of the condOminiwn unit designation and the Mrne of the owner. 'The total funds of each account shall be \.~sed ~d disbursed, without cor¡tribution from one acco,unt to another, by the: Management COmmittee, as artorneY-ir1.~fact, for the same pll11Joses and in the same order Q.S is provided in subparagraph (b) 1. thmugh 5, of this paragr&ph. Page 21 of 24 ./ i ...I.."...__._......~-_._.... .,.. .". .. i I· I t : I , 0921.673 . i ' i ,......_.,..,,',..,-,...:,;.,~,......~,. . ".......-.......~.,..,.... ,·.··.~...."'i...'_."'...'. .._ ............". ,...·,·~·.··L'""""'.,'. ·..·,··,·····'···,,'...............'.'......L" 000446 . . . .~f the Owners representing an ng"on;gate ownership intere,t of 51 %, ór more, ofthe unit, adopt a plan for reconstruction, which plan has the unanimou, approvaJ of all holders of firSt mortgages then of record, theo .11 of the OlVOers shall be bound by the tenus and other pro visio", of such plan. A.¡¡y ..,Sessmeot made in connection with. such plan., shall be a lien, and .may be enforced to the extent and in the tI'lawJ.er set out Î1l $ubparagr.aph (b) of this paragraph and shall be due and pa.yable as provided by the terms of such ,plan, but not Sooner than. 90 days after written notice thereof. The M&¡¡agement COmmittee shall have full authority, right and power, as attorneY-in_ fact, to cause the r~pair or restoratIon of improvements using all of the inSUra.nce . proceeds a.ad ooy unit owner's payments for suchpmpose r¡orwithstanding the failure of any owner to pay an assessment. , d. T]¡e OWDers represen!Ïr1g en aggregate oW!¡ership inte¡-est of one. third of the oommoo elements,may agree that the buildings should be razed and r¡ewones built, and adopt I'J. plan for .the r~ne'\.yal and reconstruction. which pIrm shall require !'be unanimous approval of all holders off1rst mortgages ofrecot'd l1.t the time of the a.doption of such plan. Ifa plan for the renewal or reconstruction shall be payable by all of the OV/ners as common expenses; provided, however, that aLl Owner not a party to such plan fo! renewal or reconstruction may give \vritten notice to the Managem~nt Committee within 30 days after tb.~ date of option of such plan that such unit shall be purchased by the Management Co.rn.r:nittee for the fair market value thereof. The Manage!I1ent Corn.nUttee shall then bave 60 délyS thereafter within which to cancel rucQ plan. If such plan is not canceled. the unit of the requesting O'Wner shall be purchased a.ccording to the fOllowing procedures. If such owner and the MaoagerneIlt . Committee ca.n agree On tile fair market value thereof. then such sale shall be consumma.ted within 60 dayS thereafter. If the parties are unable to ágree, th¡;: date when either party notifies the other th4t he or it is unable to a.gr~e with'the otÌ1er On the sixtieth da.y after notice demanding purch~e is given to the Management Committee, whichever date is earlier, shall be the "commencement date'! from which all periods of time mentiooed herein sha.ll be measured. Within ten days fo lJ 0 wing the COmmencement date, each party shall nominate in Writing (and give notice of such nOmination to the other party) an appraiser. If either party fails to make such a 'nomination, the appraiser nominated shall within five days after default by the other party, appoinr and asso~iate with hUn another appraiser. rfthe two designated or selected appra.isers are unable to agree, they shall appoint aI40ther appraiser to be umpire between them, if they can agree on such person. If they are unable to a.gree Upon such umpire, each appraiser previously a.Ppoint~d shall nominate two appraisers. and from the names oftþ.e four appraisers so nom.inated Dne shall be drawn by unit by any judge of any court orrecord in Wyoming, and the narne so drown shall be such uzn,pire. The noflÙ.nations from whom the umpire is to be dra.wn by unit shall be Submitted within ten days Dfthe faUure of the two appraisers to agr~e, which, in any even.t, shall not be la.ter than 20 days folloWing the appou"tmem of the second Page 22 of 24 i::~:*i*~:;:::ii!:! t:~k::~:~:~:~::;~.)¡ '~. -' . <.~"...., ...."........~...."'-. 0."-",.'" . ' ~ ~ ¡j~~;im~i¡~¡~~ ~~i ¡i r~:;::~mf~*';;~~~f :·,'."...,......~.......v...'·r'·.--, ........ ..,.......................-..... ..,..._....._,,,...."":-._,~...::~.',....."".........~.,..,..,_.......,' ....<....- "::._'. r_....·.,...·.,.....,.· : I ¡¡IN VlITNESS WHEREOF I this Declaration has been executed by the Declarant effective; as . 'oftb.e date of recordation here6! 0321H3· I : I I , DECLARANT: 000447 By: SUPERIOR CUSTOM HOMES, LLC, a Wyoming limited liability COmp£1nY ~~ 7Ið-4 M~ rÞq. By: STATE OF wYOMING ) L '/ ) SS. COUNTY OF /"1 ("Q V¡ ) The fOfQgoi.!lg initrument was acknowledged by C; e off r-e-y T: I hi lOt V duly actiïr a:¡ Manager of said Declarant. who acknowledged said instrument on this 2-3 d day of ::1' v,...c +- . · 200.ìt.0 . JEFFERY A. STRGAR _ NOTARY p~ . WITNESS my hnnd and official seai. COUNTY OF STATE OF LINCOLN . WYOMING MY COMMISSION EXPIRES 3/2'1 ;Le:>o f( ~ct1, ~~-:-:~ . (seal) My cDt1Unission expires: At?¡ Y'ei, 2 o¡ 2-00'1 /' . J _ I STATE OF (It/ yC;v¡ I "'1?, .) I . // I ~I ) S8. COUNTY OF L- 1/f1 (0 r¡ ) . Thß foregoiug iDstrµ.ment WtU acknowledged by fie.- be- y c;¡ h ¿ \ J w¡ / O¡ ~ d~J acting . as Mana,¡er of said Declarant, who acknowledged said ín.strument on .this / '23 ~ay of If- ~ q lA..s f- . 20())r, C J \VITNESS my hand a.I+d offici,:d seal. JEFFERY A. STRGAR - NOTARY PUBLIC COUNTY OF STATE OF LINCOLN . WYOMING MY COMMISSION EXPIRES 3/2 '1/J..op'f (seal) , My commissiDn expiresr17 tì r"C t, 2. c:¡ 2°0 / ~.tl~ No~nb . - 9 / . '.·,·.·.·o·...·,·.t.·,·,·,··· ·"_-.a·,· .. ..........,..,.,...-.. ,. ""'" ·.·.....1,.,...,1......-. . ......-- ··¡,·~..I...'"""'¥,'.'H:.·-foI"':.>.,~.'.';.:F.-r· ·;:':~.¡·"~A. 'h - ·.·:··.,..I.·.C·...·".'I:i~, ..¡., ......,'..,.,...,~".'-,I:!.~,.::a,:..:.;._,. 0921673 EXHIBIT A Legal Description Lot 2 of Rocky Point Business Park. EXHIBIT B Percentage Ownership In ALL Common Elements 8 Units @ 11 .11 % vote for each. I Unit @ 11.12% vote for each. 'lli4: mi:;~1~;:,~:;;::~ \il I;' '~¡.....·. i.~..~.., . '·~~:~~21~·;;~·:{ .. ~. .; 000448