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08-03-2005
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08-03-2005
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MV City Council
City Council Document Type
City Council Packets
Date
8/3/2005
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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 an <br />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 of <br />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 properties <br />to the terms of said declaration. <br /> <br /> (3) The declaration of covenants, conditions and restrictions shall provide that an <br />owners' association or corporation shall be formed and that all owners shall be members <br />of said association or corporation which shall maintain all properties and common areas <br />in good repair and which shall assess individual property owners proportionate shares of <br />joint or common costs. This declaration shall be subject to the review and approval of the <br />City Attorney. The intent of this requirement is to protect the property values of the <br />individual owner through establishing effective private 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 buyer. <br /> <br /> (6) The open space restrictions must be permanent and not for a given period of <br />years. <br /> <br /> (7) The association must be responsible for liability insurance, local taxes and the <br />maintenance of the open space facilities to be deeded to it. <br /> <br /> <br />
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