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PC Packet 03.23.17
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PC Packet 03.23.17
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Last modified
11/18/2025 3:03:18 PM
Creation date
12/10/2018 8:30:07 AM
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Commissions
Meeting Date
3/23/2017
Document Type
Agenda/Packets
Commission Name
Planning
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2.4 Deannexation of Property. Portions of the Property may be deannexed and <br /> withdrawn from this Master Declaration subject to the following requirements: (i)the Property <br /> shall be owned by the Master Developer; (ii)the deannexation shall be approved by the Master <br /> Developer and Master Board; and (iii) an amendment to this Master Declaration describing the <br /> deannexation and the parcel being deannexed shall be executed by the Master Developer and the <br /> Master Association, consented to by any Mortgagee of the deannexed parcel, and recorded. <br /> Upon recording of the amendment,the deannexed parcel shall no longer be subject to this Master <br /> Declaration. <br /> 2.5 Interests Subject to Plan of Development. Every Person holding or acquiring an <br /> interest in any portion of the Property, shall take title or hold such interest subject to the Master <br /> Developer's rights pursuant to this Master Declaration. Notwithstanding anything to the <br /> contrary in this Master Declaration, the Master Developer's rights or obligations under the <br /> Master Governing Documents may not be changed in whole or in part without the prior written <br /> consent of the Master Developer, which consent may be granted or denied in the Master <br /> Developer's sole and absolute discretion. <br /> SECTION 3 <br /> ASSOCIATION STRUCTURE,AUTHORITY AND MEMBERSHIP <br /> 3.1 Formation/PLiMoses. The Master Association is formed as a Minnesota non-profit <br /> corporation pursuant to Minnesota Statutes Chapter 317A and Section 515B.2-121(a) of <br /> MCIOA. The Master Association shall have the obligation and the power to perform the <br /> following functions: <br /> 3.1.1 To maintain, repair and replace the Master Common Elements, and all <br /> Improvements thereon, and to provide such other maintenance, repair and replacement as <br /> the Master Association is obligated to provide under this Master Declaration; <br /> 3.1.2 To administer and enforce the covenants, conditions, restrictions, <br /> easements, and other rights and obligations, set forth in the Master Governing <br /> Documents, and the Neighborhood Governing Documents; <br /> 3.1.3 To control, preserve and enhance the architectural, aesthetic and <br /> environmental character of the Property; and <br /> 3.1.4 To administer and coordinate the operation and use of the Master <br /> Common Elements. <br /> 3.2 Powers and Administration. The operation and administration of the Master <br /> Association shall be governed by the Master Governing Documents, MCIOA and the Minnesota <br /> Nonprofit Corporation Act, and Minnesota Statutes Chapter 317A. <br /> 3.2.1 The Master Association is responsible for the overall operation, <br /> management and control of the Property. The Master Association shall have and exercise <br /> all powers relating to the operation and maintenance of the Property on behalf of its <br /> Members and all Owners and Occupants, except to the extent that such powers are <br /> expressly reserved to one or more of the Neighborhood Associations or relinquished by <br /> 6 <br /> 219o398.v1 <br />
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