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01-05-2005
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01-05-2005
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MV City Council
City Council Document Type
City Council Packets
Date
1/5/2005
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1120.02 1120.02 <br /> <br /> <br /> b. Property Owners' Association; provided, all of the following conditions are met: <br /> <br /> (1) Prior to the use, occupancy, sale or the execution of contracts for sale of <br />an individual building unit, parcel, tract, townhouse, apartment or common area, a <br />declaration of covenants, conditions and restrictions or an equivalent document and a <br />set of floor plans, such as specified by Minnesota Statutes, Chapters 515 and 515A, <br />shall be filed with the City Clerk-Administrator, said filing to be made prior to the filings <br />of said declaration of documents or floor plans with the recording officers of Ramsey <br />County, Minnesota. <br /> <br /> (2) The declaration of covenants, conditions and restrictions or equivalent <br />document shall specify that deeds, leases or documents of conveyance affecting <br />buildings, units, parcels, tracts, townhouses or apartments shall subject said <br />properties to the terms of said declaration. <br /> <br /> (3) The declaration of covenants, conditions and restrictions shall provide that <br />an owners' association or corporation shall be formed and that all owners shall be <br />members of said association or corporation which shall maintain all properties and <br />common areas in good repair and which shall assess individual property owners <br />proportionate shares of joint or common costs. This declaration shall be subject to the <br />review and approval of the City Attorney. The intent of this requirement is to protect <br />the property values of the individual owner through establishing effective private <br />control. <br /> <br /> (4) The declaration shall, additionally, amongst other things, provide that in the <br />event the association or corporation fails to maintain properties in accordance with the <br />applicable rules and regulations of the City or fails to pay taxes or assessments on <br />properties as they become due and in the event the said City incurs any expenses not <br />immediately reimbursed by the association or corporation, then the City shall have the <br />right to assess each property its pro rata share of said expenses. Such assessments, <br />together with interest thereon and costs of collection, shall be a lien on each property <br />against which such assessment is made. <br /> <br /> (5) Membership must be mandatory for each owner and any successive <br />buyer. <br /> <br /> (6) The open space restrictions must be permanent and not for a given period <br />of years. <br /> <br /> (7) The association must be responsible for liability insurance, local taxes and <br />the maintenance of the open space facilities to be deeded to it. <br /> <br /> <br />
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