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CC PACKET 11222016
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CC PACKET 11222016
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amount). Until Maintaining Owner provides the annual budget, each Owner shall pay the <br />monthly amount for the preceding calendar year and upon receipt of the annual budget and the <br />new monthly amount, each Owner shall pay any shortfall between the amounts owed based on <br />the new budget and the amounts paid based on the previous year’s budget and in the event of any <br />overpayments due to the difference between such budgets such overpayment shall be credited to <br />each such Owner to reduce the next due monthly amount payable by each such Owner. Any <br />Owner may object to the reasonableness of the budget presented by Maintaining Owner, <br />provided that any objections must (a) be in writing, (b) be presented to the Maintaining Owner <br />within sixty (60) days of Maintaining Owner’s delivery of the budget, and (c) specify the items <br />objected to and the basis for such objection. Failure to timely present such objections or <br />otherwise comply with the foregoing requirements shall constitute waiver of the right to object to <br />any item not properly objected to. Upon receipt of any timely and proper objections, <br />Maintaining Owner shall consult with the Owners in good faith to resolve such objections. If <br />such objections cannot be resolved by agreement, such objections shall be presented to an <br />unaffiliated third party property manager with at least five (5) years’ experience of managing <br />properties similar to the Lots in the Minneapolis/St. Paul greater metropolitan area and chosen by <br />a majority of the Owners for final and binding resolution of such objections. In the event that <br />any Owner’s (except for the Maintaining Owner’s) share of Common Expenses is more than <br />sixty (60) days delinquent, the Maintaining Owner may add such delinquent amount to the <br />collective Common Expenses installment from all of the other Owners for the following month, <br />provided that, when such delinquency is collected, such amount shall be applied to the reduce the <br />next succeeding monthly amount owed by the non-delinquent Owners. <br />(iii) Reconciliation and Audit. Within sixty (60) days after the end of <br />each calendar year, the Maintaining Owner shall provide each Owner with a written <br />reconciliation of the Common Expenses actually incurred for such calendar year as compared to <br />the amounts previously budgeted and a detailed general ledger of all such expenditures for <br />Common Expenses in electronic form. To the extent that the Common Expenses paid by the <br />Owners during the subject calendar year based on the budget for such year are less than the <br />Common Expenses actually incurred, each Owner shall pay to the Maintaining Owner its <br />percentage share of such shortfall upon receipt of the reconciliation. To the extent that the <br />Common Expenses paid by the Owners during the subject calendar year are greater than the <br />Common Expenses actually incurred, each Owner’s percentage share of such excess shall be <br />credited to such Owner to reduce the next due monthly amount(s) payable by each such Owner. <br />The Maintaining Owner shall keep complete records of all costs to be paid by each Owner <br />under Section 5.B for at least twenty-four months (24) months following a calendar year. From <br />time to time, as any Owner may reasonably request, Maintaining Owner will provide the Owners <br />with a detailed general ledger of year-to-date expenditures for Common Expenses in electronic <br />form. The Maintaining Owner ‘s records shall be open to inspection and audit by the Owners, at <br />their own expense, for a period of not more than twenty-four months (24) months following a <br />calendar year. Each Owner shall have the right to inspect such records upon fifteen (15) days’ <br />notice to the Maintaining Owner. Any objection to the determination of the amount of costs and <br />the allocation thereof shall be raised within twenty-four months (24) months following the end of <br />the applicable calendar year, or such objection shall be deemed to have been waived. If such <br />audit shows that the Maintaining Owner’s annual reconciliation is incorrect and that the Owners <br />have been overcharged by more than ten percent (10%) of the actual Common Expenses for two <br />(2) calendar years in a row, the Maintaining Owner shall pay the costs of such audit; otherwise <br />43
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