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Home My WebLink About710570.tiff • rin sze ->-u ..) ninej ACCEPT REPLAT TRACT A COUNTRY CLUB ESTATES FIRST FILING RANGE 66, TOWNSHIP 5 NORTH, SECTION 11 NW4: BE IT RESOLVED, by the Board of County Commissioners of Weld County, Colorado that the subdivision replat of Tract A, Country Club Estates First Filing, as recommended by the Weld County Planning Commission be approved for filing. said plat more particularly described as follows and said Tract A which was described in total in the First Filing dated February 2, 1971. A tract of land being Tract "A" of Country Club Estates First Filing as platted and recorded in the records of Weld County, Colorado, and being more particularly described as follows: Commencing at the North Quarter Corner (NiCor) of Section 11, Township 5 North, Range 66 West of the 6th P. M., Weld County, Colorado, and considering the North Line of the Northwest Quarter (WWI) of said Section 11 to bear South 84° 36' 23" West, with all other bearings contained herein being relative thereto: Thence South 84° 36' 23" West, along the North Line of the Northwest Quarter (*Lk) of said Section 11, 1,271.18 feet; Thence South 00° 37' 35" East, 518.39 feet to the True Point of Beginning; Thence South 86° 44' 03" East, 282.82 feet; Thence South 39° 44' 03" East, 280.00 feet; Thence South 86° 14' 03" East, 100.49 feet to a point on the West Right- of-Way line of 43rd Avenue; Thence along said West Right-of-Way Line by the following five (5) courses and distances: South 04° 56' 23" West, 320.84 feet; Along the arc of a circular curve to the left having a radius of 540.00 feet and a long chord that bears South 00° 03' 53" West, 91.78 feet South 04° 48' 37" East, 743.38 feet; Along the arc of a circular curve to the left having a radius of 540.00 feet and a long chord that bears South 11° 18' 37" East 122.26 feet; South 17° 48' 37" East, 458.18 feet; Thence South 72° 11' 23" West, 327.55 feet; Thence South 61° 07' 48" West, 295.00 feet; Thence South 88° 07' 48" West, 370.00 feet to a point on the West Line of the East Half of the Northwest Quarter (EZNW-I) of said Section 11; Thence North 00° 36' 40" West, along the West Line of the East Half of the Northwest Quarter (EZNW4) of said Section 11, 804.01 feet; Thence North 89° 58' 44" East, 203.50 feet; Thence North 00° 37' 35" West, 1,397.08 feet to the True Point of Beginning. Said Tract A contains 30.90 acres more or less. The above and foregoing resolution was on motion duly made and seconded, adopted by the following vote. THE BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO 22e, (/ K DATED: JULY 14, 1971 MB 37: 302,1 e R&B Subdn By Name 710570 w e BEFORE THE-WELD COUNTY, COLORADO PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS CASE NO. S-R2 6/23/71 ' APPLICATION OF Country. Club. Acres,. Inc.. .. Address Rt. . 4 ,._Bo.x._.203.,. Gr.e.el.ey.,.. .C.o.1.o. c/o- Philip---Dra-ke Robert Houtchens , Attorney Moved by Phi.li.p -Bowles that the following resolution be introduced for passage by the Weld County Planning Commission: Be it Resolved by the Weld County Planning Commission that the Subdivision Plat Replat of tract "A" of Country C.l.u.b Est.a.tes.,...Fir.st.-Filing located on the following described property Weld County, Colorado, to-wit: See attached legal description be recommended (favorably) (JPoktypottkS to the Board of County Commis- sioners for the following reasons: Complies with subdivision regulations . subject to the following approval of easements by the Utility Board , closure sheet of exterior boundary , street profile and cross section of private street, legal descripton on plat stating exterior boundary by course and distance and indicate acreage . Motion seconded by John Watson Vote: For Passage: Philip Bowles Against Passage: John Watson J . Ben Nix Ronald Heitman The Chairman declared the motion passed and ordered that a certified copy of this Resolution be forwarded with the file of this case to the Board of County Commis- sioners for further proceedings. PC - S-005 CERTIFICATION OF COPY I, Dorothy Hill _ , Recording Secretary of 'acid County Plan- ...... .. .. .... ning Commission, do hereby certify that the above and foregoing Resolution is a true copy of Resolution of Planning Cc;:ciss on of '.Jeld County, Colorado, adop- ted on _ ._ June_.22 , _ 197.1 . __ . , and recorded in Eock No. _ I.II , Pane No. , of the proceedings of srdd Planning Cor:,::._ssi.on. Dated this 23rd.. day of June. _ . . , 19_71 . Recording Secreta , toad County Planning Commission /Th r1 a r .1 LEGAL DESCRIPTION Tract "A" Country Ciao Es�c—atTs Frst Filing A tract of land being Tract "A" of COUNTRY CLUB ESTATES FIRST FILING as platted and recorded in the records of Weld County , Colorado and being more particularly described as follows: Commencing at the North Quarter Corner (NI/40br) of Section 11 , Township 5 North , Range 66 West of the Sixth Principal Meridian , Weld County , Colorado and considering the North Line of the Northwest Quarter (NW1/4) of said Section 11 to bear South 84°. 36' 23" West, with a,1 other bearings contained herein being relative thereto: Thence South 84° 35' 23" West, along the North Line of the Northwest Quarter (NW1/4) of said Section 11 ,, 1 ,271 .18 feet; Thence South 00° 37' 35" East, ' 518.39 feet to the True Point of Beginning; Thence South 86° 44' 03" East, 282.82 feet; Thence South 39° 44' 03" East, 280.00 feet; Thence South 86° 14' 03" East, 100.49 feet to a point on the West Right- of-Way Line of 43rd Avenue ; Thence along said West Right-of-Way Line by the following five (5) courses and distances: South 04° 56' 23" West, 320.84 feet; Along the arc of a circular curve to the left having a radius of 540.00 feet and a long chord that bears South 00° 03' 53" West, 91 .78 feet; South 04° 48' 37" East, 743.38 feet; Along the arc of a circular curve to the left having a radius of 540.00 feet and a long chord that bears South 11° 18' 37" East , 122.26 feet; South 17° 48' 37" East, 453.18 feet; Thence South 72° 1i ' 23" West, 327,55 Feet; Thence South 61° 07' 48" West , 295.00 feet; Thence South 88° 07' 48" West, 370.00 feet to a point on the West Line of the East Half of the Northwest Quarter (Ei/2N'Wi/4) of said Section 11 ; Thence North 00° 36' 40" West, along the best Line of the East Half of the Northwest Quarter (E1/2NW1/4) of said Section 11 , 804.01 feet; North 9° 58' East, 203.50 feet; Thence 8., 44" _ Thence North 00° 37' 35" West, 1 ,397.08 .eat to the Tri.a Point of Beginning. Said tract of land contains 30.90 acres and is subject to any Rights-of-Way or other Easements as granted or reserved by instruments of record or as now existing on said tract of land. • CONDOMINIUM DECLARATION FOR COUNTRY CLUB VILLAS KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Globe Construction Co. , a Colorado corporation, hereinafter called "Declarant", the owner of the real property described on the attached Exhibit "A", which by this reference is made a part hereof; and WHEREAS, Declarant desires to establish a condominium project under the Condo- minium Ownership Act of the State of Colorado; and WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of the condominium real property estates, subject to the easements, restrictions, reser- vations, conditions, ditches, taxes and assessments as set forth in Exhibit "A", and reservations in this Declaration, consisting of the area or space contained in each of the air space units located in the building improvements and the co-ownership by the individual and separate owners thereof, as tenants in common, of all of the remaining property, which property is hereinafter defined and referred to as the general common elements; NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, reservations, limitations andnobli- gations shall be deemed to run with the land, shall be a burden and a benefit to Declarant, its successors and assigns, and any person or entity acquiring or owning an interest in the real property and improvements, their grantees and their heirs, executors, administrators, devisees, successors or assigns. 1. Definitions, unless the context shall expressly provide otherwise. (a) 'Unit' means one individual air space which is contained within the perimeter walls, floors, ceilings, windows and doors of each unit as shown on the Condominium Map to be filed for record, together with all fixtures and improvements therein contained but not including any of the structural components of the building, if any, located within the unit. (b) 'Condominium unit' means the fee simple interest and title in and to a unit to- gether with the undivided interest in the general common elements and the appurtenant limited common elements thereto. (c) 'Owner' means a person, persons, firm, corporation, partnership, association or other legal entity, or any combination thereof, who own(s) an interest in one or more condominium units. (d) 'General common elements' means and includes the real property described in Exhibit "A" and the improvements thereon except the units; the structural components of the buildings; such improvements, buildings or areas as may be provided for community recreation, utility or for common use; service streets; green areas; courts, terraces and decks, provided; however, that each unit owner whose unit has sole access to a court, ter- race or deck shall have an easement for the exclusive use thereof; all other parts of such land and the improvements thereon necessary or convenient to its existence, maintenance and safety which are normally and reasonably in common use, including the air above such land, all of which shall be owned, as tenants in common, by the owners of the separate units, each owner of a unit having an undivided interest in such general common elements as is provided hereinafter. (e) 'Declaration' means this Declaration and supplements thereto, if any. (f) 'Limited common elements' means those parts of the general common elements which are either limited to and reserved for the exclusive use of an owner of a condominium unit or are limited to and reserved for the common use of more than one but fewer than all of the condominium unit owners. (g) 'Condominium project' means all of the land and improvements initially submitted by this Declaration and the land and improvements subsequently submitted as is provided hereinafter. (h) 'Common expenses' means and includes (i) expenses of administration, operation and management, repair or replacement of the common elements; (ii) expenses declared common expenses by the provisions of this Declaration or the By-Laws of the Association; (iii) all sums lawfully assessed against the general common elements by the Board of Di- rectors of the Association; (iv) expenses agreed upon as common expenses by the Associa- tion of unit owners; and (v) expenses as are provided in the Management Agreement. (i) 'Association of unit owners' or 'Association' means the Association formed as a Colorado not-for-profit corporation bearing the name of this condominium project, the Articles of Incorporation and By-Laws of which shall govern the administration of this condominium property, the members of which Association shall be all of the owners of the condominium units. (j) 'Building' means a single building containing units as shown on the Map. (k) ' Map' or 'Condominium Map' means and includes the engineering survey of the land depicting and locating thereon all of the improvements, the floor and elevation plans and any other drawing or diagrammatic plan depicting a part of or all of the land and improvements thereon. 2. Division of Property into Condominium Units. (a) The real property described in Exhibit "A" and the improvements thereon are hereby divided into the fee simple estates as is set forth on the attached Exhibit "B", which by this reference is made a part hereof. Each such estate shall consist of the separately designated units and the undivided interest in and to the general common elements appurtenant to each unit as set forth therein. (b) Declarant reserves the right to (i) physically combine the space within one unit with the space within one or more adjoining units or (ii) to combine a part of or combina- tion of parts of the space within one unit with part or parts of the space within one or more adjoining units. If Declarant makes any such physical changes to units, such changes shall be made by a revision or amendment to Exhibit "B" reflecting the reapportioned undivided interests of the affected units. 3. Limited Common Elements. A portion of the general common elements is reserved for the exclusive use of the indivi- dual 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; pro- vided, however, that any court, patio, balcony or deck which is accessible from, associated with and which adjoins a unit and any other limited common element so identified on the Map shall, without further reference thereto, be used in connection with such unit to the exclu- sion of the use thereof by the other owners of the general common elements, except by invi- tation. All of the owners of condominium units in this condominium project shall have a non-exclusive right in common with all of the other owners to the use of sidewalks, pathways, roads and streets located within the entire condominium project. No reference thereto, whether such limited common elements are exclusive or non-exclusive, need to be made in any deed, instrument of conveyance or other instrument. 4. Condominium Map. The Map may be filed for record in whole or in parts, sections or supplements, as con- struction of the units and other improvements are substantially completed. The Map (or -Z- r-, Pti • any part or section thereof) depicting units shall not be filed for record until the building in which the units are located has been substantially completed in order to permit the location thereof, both horizontally and vertically, each such Map shall be filed for record prior to the conveyance of the condominium units shown thereon. Each such Map shall depict and show at least the following: the legal description of the land and a survey thereof; the location of the building(s); the floor and elevation plans; the location of the unit within the building, both horizontally and vertically; the thickness of the common walls between or separating the units; the location of any structural components or supporting elements of a building located within a unit; and, the unit designations and the building symbol. Each such Map shall contain the certificate of a registered professional engineer or licensed architect, or both, certifying that the Map substantially depicts the location and the horizontal and ver- tical measurements of the units, the unit designations, building symbols, the elevations of the unfinished floors and that such Map was prepared subsequent to substantial completion of the improvements. In interpreting the Map, the existing physical boundaries of each separate unit as constructed shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend the Map, 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 easements, access road easements and on-site parking areas. 5. Description of Condominium Unit. (a) Every contract for the sale of a condominium unit written prior to the filing for record of the Map or Declaration may legally describe a condominium unit by its identi- fying unit designation, the building symbol, followed by the name of this condominium. The location of such condominium unit shall be depicted on the Map subsequently filed for record. (b) Every contract, deed, lease, mortgage, trust deed, will or other instrument may legally describe a condominium unit by its identifying unit designation, the building symbol, followed by the name of this condominium, with further reference to the Map and Declara- tion filed for record. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the unit, but also the gen- eral common elements and the limited common elements appurtenant thereto. Each such description shall be construed to include a perpetual non-exclusive easement for ingress and egress to and from an owner's unit on, over and across any private street and exclu- sive use of the limited common elements appurtenant to his unit. (c) The reference to the Map and Declaration in any instrument shall be deemed to include any supplements to the Map or Declaration without specific reference thereto. 6. Form of Ownership - Title. A condominium unit may be held and owned in any real property tenancy relationship recog- nized under the laws of the State of Colorado. 7. Inseparability of a Condominium Unit. Each unit, the appurtenant undivided interest in the general common elements and the appur- tenant limited common elements shall together comprise one condominium unit, shall be in- separable and may be conveyed, leased, devised or encumbered only as a condominium unit. 8. Separate Assessment and Taxation of Condominium Units - Notice to Assessor. Declarant shall give written notice to the County Assessor of the creation of condominium real property ownership interests in this property, as is provided by law, so that each unit and the undivided interest in the general common elements appurtenant thereto shall be deemed a parcel and subject to separate assessment and taxation. 9. Non-Partitionability of General Common Elements. The general common elements shall be owned in common by all of the owners of the units and shall remain undivided, and no owner shall bring any action for partition or division -3- of the general common elements. Nothing contained herein shall be construed as a limi- tation of the right of partition of a condominium unit between the owners thereof, but such partition shall not affect any other condominium unit. 10. Easements for Encroachments. If any portion of the general common elements encroaches upon a unit or units, or if any portion of a unit encroaches upon the general common elements or upon an adjoining unit or units, a valid easement for the encroachment and for the maintenance of same, so long as it stands, shall and does exist. Such encroachments and easements shall not be con- sidered or determined to be encumbrances either on the general common elements or on the units for purposes of marketability of title or other purposes. 11. Termination of Mechanic's Lien Rights and Indemnification. Subsequent to the completion of the improvements described on the Map, no labor performed or materials furnished and incorporated in a unit with the consent or at the request of the unit owner, his agent, his contractor or subcontractor shall be the basis for filing of a lien against the general common elements or against the unit of any other unit owner who did not expressly consent to or request the services or materials. Each owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of any lien against the unit of any other owner or against the general common elements for construction performed or for labor, materials, services or other products incorporated in an owner's unit at such owner's consent or request. The provisions herein contained are subject to the reserved rights as set forth in paragraph 14. 12. Country Club Villas Association. (a) The interests of all owners of condominium units shall be governed and adminis- tered by the Articles of Incorporation and By-Laws of Country Club Villas Association, subject to the terms and provisions of the Management Agreement. (b) An owner of a condominium unit upon becoming an owner, shall be a member of the Association and shall remain a member for the period of his ownership. Declarant expressly reserves the functions and duties of the Managing Agent to Executive Management Corporation, a Colorado corporation. (c) The Management Agreement between the Association and the Managing Agent shall be recorded, and the terms and other provisions therein are incorporated in this Declara- tion as if fully set forth herein. 13. Certificate of Identity of Management Body to be Recorded. There shall be recorded from time to time a Certificate of Identity and the addresses of the persons then comprising the management body (Directors and Officers) together with the ad- dress of the Managing Agent. Such Certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith regardless of time elapsed since date thereof. The first such Certificate shall be recorded on or before ninety (90) days after recording this Declaration. 14. Access to Units for Maintenance, Repair and Emergencies. (a) The owners shall have the irrevocable right, to be exercised by the Managing Agent, or Board of Directors of the Association, to have access to each unit from time to time dur- ing reasonable hours as may be necessary for the maintenance, repair or replacement of any of the general common elements therein or accessible therefrom; provided, however, that such right of access shall be immediate for making emergency repairs therein in order to prevent damage to the general common elements or to another unit. (b) Damage to the interior or any part of a unit resulting from the maintenance, repair, emergency repair or replacement of any of the general common elements or as a result of emergency repairs within another unit shall be a common expense of all of the owners; provided, however, that if such damage is caused by negligent or tortious act of a unit owner, members,of his family, his agent, employee, invitee, licensee or 4- /1 r-, ,.4 tenant, then such unit owner shall be responsible and liable for all of such damage. All damaged improvements shall be restored substantially to the same condition in which they existed prior to the damage. All maintenance, repairs and replacements of the general common elements, whether located inside or outside of units (unless necessi- tated by the negligence, misuse or tortious act of a unit owner, in which case such ex- pense shall be charged to such unit owner), shall be the common expense of all of the owners. 15. Owners' Maintenance Responsibility for His Unit. (a) For maintenance purposes, an owner shall be obligated to keep in good repair and condition the supporting walls, the materials such as, but not limited to, plaster, gypsum dry wall, paneling, wallpaper, paint, wall and floor tile and flooring, but not including the sub-flooring, which make up the finished surfaces of the perimeter walls, ceilings and floors within his unit, including unit doors and windows. The lines, pipes, wires, con- duits or systems (which for brevity are herein and hereafter referred to as utilities) run- ning through his unit which serve one or more other units are general common elements. Such utilities shall not be disturbed or relocated by an owner without the written consent and approval of the Board of Directors. An owner's right to repair, alter and remodel the interior of his unit shall be coupled with the obligation to replace any finishing or other materials removed with similar or other types or kinds of materials of at least the same quality. (b) An owner shall maintain and keep in repair the interior of his own unit, includ- ing the fixtures thereof. All fixtures and equipment installed within the unit commencing at a point where the utilities enter the unit shall be maintained and kept in good repair and condition by the owner thereof. An owner shall do no act nor any work that will impair the structural soundness or integrity of the building or impair any easement or heredita- ment. An owner shall always keep the limited common elements appurtenant to his unit in a clean and sanitary condition. 16. Maintenance of the Common Elements. (a) The maintenance and operation of the common elements shall be the responsibility and the expense of the Association and a common expense of all of the condominium owners. (b) There shall be no additions, alterations or improvements of or to the general and limited common elements by the Association requiring an assessment in excess of One Hundred Twenty Dollars per unit in any one calendar year without prior approval of a major- ity of the owners. Such approval shall be expressed by a vote in favor thereof by the owners of a majority in interest at a special or regular meeting of Association members. Such ex- penditure(s) shall be a common expense. Such limitation shall not be applicable to the replacement, repair, maintenance or obsolescence of any general or limited common ele- ment or common personal property. 17. Compliance with Provisions of Declaration Mandatory. Each owner shall comply with the provisions of this Declaration, the Articles of Incorpor- ation and By-Laws of the Association, and the Rules and Regulations, decisions and reso- lutions of the Association adopted pursuant thereto as the same may be lawfully adopted and amended from time to time. Failure to comply with any of the same shall be grounds for an action to recover sums due for damages or injunctive relief, or both, and for reim- bursement of all attorneys' fees incurred in connection therewith, which action shall be maintainable by the Board of Directors or the Managing Agent in the name of the Association on behalf of the owners or, in a proper case, by an aggrieved owner. 18. Revocation or Amendment to Declaration. Except as is otherwise provided, this Declaration shall not be revoked unless all of the owners and all of the holders of any recorded mortgage or deed of trust covering or af- fecting any or all of the condominium units consent and agree to such revocation by in- strument(s) duly recorded. This Declaration shall not be amended unless the owners representing an aggregate ownership interest of sixty percent, or more, of the general -5- common elements and sixty percent of the holders of recorded first mortgages or deeds of trust consent and agree to such amendment by instrument(s) duly recorded; provided, however, that the undivided interests in the general common elements appurtenant to each unit shall have a permanent character and shall not be altered without the consent of all of the unit owners and all of the holders of any recorded mortgage or deed of trust as expressed in an amended Declaration duly recorded. 19. Assessment for Common Expenses. (a) All owners shall be obligated to pay the estimated assessments imposed by the Board of Directors or Managing Agent of the Association to meet the common expenses. The assessments shall be made according to each owner's interest in and to the general common elements and as is provided in paragraph 32(d). The limited common elements shall be maintained as general common elements, and owners having exclusive use thereof shall not be subject to any special charges or assessments for the repair or maintenance thereof. Assessments for the estimated common expenses shall be due in advance on the first day of each calendar month, or less frequently as may be determined by the Board of Directors or Managing Agent. The Managing Agent or Board of Directors shall pre- pare and deliver or mail to each owner a statement for the common expenses. (b) In the event the ownership of a condominium unit, title to which is derived from Declarant, commences on a day other than the first day of the assessment period, the assessment for that period shall be prorated. (c) Assessments shall be based upon the cash requirements deemed to be such aggregate sum as the Managing Agent or the Board of Directors of the Association shall from time to time determine is to be paid by all of the condominium unit owners, includ- ing Declarant, to provide for the payment of all estimated expenses growing out of or connected with the maintenance, repair, operation, additions, alterations and improve- ments of and to the general common elements, which sum may include, but shall not be limited to, expenses of management, taxes and special assessments until separately assessed; premiums for insurance; landscaping and care of grounds; common lighting and heating; repairs and renovations; trash and garbage collections; wages; common water and sewer charges; legal and accounting fees; management fees; expenses and liabilities incurred by the Managing Agent or Board of Directors on behalf of the unit owners under or by reason of this Declaration and the Articles of Incorporation and By- Laws of the Association; for any deficit remaining from a previous period; for the crea- tion of a reasonable contingency, reserve, working capital and sinking funds as well as other costs and expenses relating to the general common elements. (d) The omission or failure to fix the assessment or deliver or mail a statement for any period shall not be deemed a waiver, modification or a release of the owners from their obligation to pay the same. 20. Insurance. (a) The Board of Directors or Managing Agent shall obtain and maintain, to the extent obtainable, the following insurance: (i) fire insurance with extended coverage, vandalism and malicious mischief endorsements, insuring the entire condominium improvements (including all of the units, fixtures therein initially installed by the Declarant but not in- cluding furniture, furnishings or other personal property supplied by or installed by unit owners) together with all service equipment contained therein in an amount equal to the full replacement value, without deduction for depreciation, and which shall contain a stan- dard mortgage clause in favor of each mortgagee of a condominium unit which shall pro- vide that the loss, if any, thereunder shall be payable to such mortgagee as its interest may appear, subject however to the loss payment provisions in favor of the Board of Direc- tors hereinafter set forth in paragraph 25; (ii) public liability insurance in such limits as the Board of Directors may from time to time determine, covering each member of the Board, the Managing Agent and each unit owner. Such public liability coverage shall also cover cross liability claims of one insured against the other. -6- • • r . (b) All policies of public liability insurance shall contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured and shall provide that such policies may not be cancelled or substantially modified without at least ten days' prior written notice to all of the insured, including mortgagees. Duplicate originals of all policies and renewals thereof together with proof of payments of premiums shall be delivered to all mortgagees at least ten days prior to expiration of the then current policies. The insurance shall be carried in blanket form naming the Asso- ciation as the insured, as attorney-in-fact for all of the condominium unit owners, which policy or policies shall identify the interest of each condominium unit owner(owner's name, unit number and building designation). (c) Prior to obtaining any policy of fire insurance or renewal thereof, the Board of Directors shall obtain an appraisal from a fire insurance company or otherwise of the full replacement value of the entire condominium improvements, without deduction for depreciation, for the purpose of determining the amount of the insurance to be effected pursuant to the provisions of this Insurance paragraph. In no event shall the insurance policy contain a co-insurance clause for less than ninety (90) percent of the full replace- ment cost. Determination of maximum replacement value shall be made annually by one or more written appraisals to be furnished by a person knowledgeable of replacement cost. (d) Unit owners may carry other insurance for their benefit and at their expense, pro- vided that all such policies shall contain waivers of subrogation, and provided, further, that the liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected or diminished by reason of any such additional insurance carried by any unit owner. (e) Insurance coverage on furnishings and other items of personal or other property belonging to an owner and public liability coverage within each unit shall be the sole and direct responsibility of the unit owner thereof, and the Board of Directors, the Associa- tion and the Managing Agent shall have no responsibility therefor. 21. Owners' Personal Obligation for Payment of Assessments. The amount of the common expenses assessed against each condominium unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from lia- bility 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 Board of Directors and Managing Agent shall have the responsibility to take prompt action to collect any unpaid assessment which remains unpaid for more than 10 days from the due date for payment thereof. In the event of default in the payment of the assessment, the unit owner shall be obligated to pay interest at the rate of twelve percent per annum on the amount of the assess- ment from due date thereof, together with all expenses, including attorney's fees, incurred together with such late charges as provided by the By-Laws of the Association. Suit to recover a money judgment for unpaid common expenses shall be maintainable without fore- closing the lien, nor shall such suit be or construed to be a waiver of the lien. 22. Association Lien for Nonpayment of Common Expenses. (a) All sums assessed but unpaid for the share of common expenses chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and encum- brances, except only for tax and special assessments liens on the condominium unit in favor of any assessing unit, and all sums unpaid on a first mortgage or first deed of trust of record, including all unpaid obligatory sums as may be provided by such encumbrances. To evidence such lien, the Board of Directors or the Managing Agent shall prepare a writ- ten notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of the accrued interest and late charges thereon, the name of the owner of the condo- minium unit and a description of the condominium unit. Such a notice of lien shall be signed by one of the Board of Directors or by one of the officers of the Association or by the Man- aging Agent on behalf of the Association and shall be recorded in the office of the County Clerk and Recorder. Such lien shall attach and be effective from the due'date of the assess- ment until all sums, with interest and other charges thereon, shall have been fully paid. (b) Such lien may be enforced by the foreclosure of the defaulting owner's condominium unit by the Association in like manner as a mortgage on real property upon the recording -7- of a notice of claim thereof. In any such proceedings, the owner shall be required to pay the costs, expenses and attorney's fees incurred for filing the lien, and in the event of foreclosure proceedings, all additional costs, all expenses and reasonable attorney's fees incurred but not less than the amount recommended by the subject County Bar Asso- ciation according to the then current published and recommended fee schedule for fore- closure proceedings (for foreclosure proceedings through Court). The owner of the con- dominium unit being foreclosed shall be required to pay to the Association the monthly assessment for the condominium unit during the period of foreclosure, and the Association shall be entitled to a receiver during foreclosure. The Association shall have the power to bid in the condominium unit at foreclosure or other legal sale and to acquire and hold, lease, mortgage, vote the votes appurtenant to, convey or otherwise deal with the same. (c) Any mortgagee holding a lien on a condominium unit may pay, but shall not be required to pay, any unpaid common expenses payable with respect to such unit, and upon such payment, such encumbrancer shall have a lien on such unit for the amount paid of the same rank as the lien of his mortgage or encumbrance without the necessity of having to record a notice or claim of such lien. Upon request of a mortgagee, the As- sociation shall report to the mortgagee of a condominium unit any unpaid assessment remaining unpaid for longer than thirty days after the same is due; provided, however, that a mortgagee shall have furnished to the Managing Agent or to the Board of Directors notice of such encumbrance. (d) The recorded lien may be released by recording a Release of Lien to be signed by an officer of the Association or by the Managing Agent on behalf of the Association. 23. Ascertainability of Unpaid Common Expenses. (a) Upon written request for a Statement of Account by an owner or: his agent, pros- pective mortgagee or prospective grantee of a condominium unit, the Association or the Managing Agent shall furnish a written statement of the amount of any unpaid common expenses, the amount of the current assessments, the dates that assessments are due, the amount for any advanced payments made, prepaid items such as insurance premiums and reserves therefor, deficiencies in reserve accounts, which statement shall be conclu- sive upon the Association in favor of all persons who rely thereon in good faith. Unless such request shall be complied with within ten days after receipt of such written request, all unpaid common expenses which become due prior to the date of such request shall be subordinate to the rights of the person requesting such statement. A service fee of not more than Fifty Dollars shall be paid for furnishing the Statement of Account. (b) The provisions set forth in this paragraph shall not apply to the initial sales and conveyances of the condominium units made by Declarant, and such sales shall be free from all common expenses to the date of conveyance made or to a date as agreed upon by Declarant and Declarant's grantee. 24. Priorities of Association. The owner of a condominium unit may create a junior mortgage (junior to a first mortgage), liens or encumbrances on his condominium unit; provided, however, that any such junior mortgages, liens or encumbrances shall always be subordinate to the prior and paramount lien of the Association for common expenses and alt of the terms, conditions, covenants, restrictions, uses, limitations and obligations under this Declaration, Association Articles of Incorporation and By-Laws and provided, further, that such junior encumbrancer(s) shall release, for purposes of restoration of any improvements upon the encumbered con- dominium unit, all of his right, title and interest in and to the proceeds under all insurance policies upon said premises by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of the Association, and if such request is not granted, such release may be executed by the Association as attorney-in-fact for such junior mortgagee. 25. Destruction, Damage or Obsolescence - Association as Attorney-in-Fact. This Declaration does hereby make mandatory the irrevocable appointment of an attorney- in-fact to deal with the property upon its destruction or damage, for its repair and reconstruction or its obsolescence and to maintain, repair and improve the condominium units, buildings and general and limited common elements. Title to any condominium unit is declared and expressly made subject to the terms and conditions hereof, and ac- ceptance 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 Association their true and lawful attorney in their name, place and stead for the purpose of dealing with the pro- perty upon its damage or destruction or obsolescence as is hereinafter provided. As attorney-in-fact, the Association, by its President and Secretary or Assistant Secretary or its other duly authorized officers or agents, shall have full and complete authorization, 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 are necessary and appro- priate to exercise the powers herein granted. Repair and reconstruction of the improve- ment(s) as used in the succeeding subparagraphs means restoring the improvement(s) to substantially the same condition in which they existed prior to the damage, with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be avail- able to the Association for the purpose of repair, restoration, reconstruction or replace- ments unless the owners and all first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter. (a) In the event of damage or destruction due to fire or other disaster, the insur- ance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the • Association, as attorney-in-fact, to such reconstruction, and the improvement(s) shall be promptly repaired and reconstructed. The Association shall have full authority, right and power, as attorney-in-fact, to cause the repair and restoration of the im- provements. Assessments for common expenses shall not be abated during the period of insurance adjustment and repair and reconstruction. (b) If the insurance proceeds are insufficient to repair and reconstruct the improve- ment(s), and if such damage is not more than sixty percent of the total replacement cost of all of the condominium units in this project, not including land, such damage or destruction shall be promptly repaired and reconstructed by the Association, as attorney- in-fact, using the proceeds of insurance and the proceeds of a special assessment to be made against all of the owners and their condominium units. Such deficiency assessment shall be a common expense and made pro rata according to each owner's interest in the general common elements and shall be due and payable within thirty days after written notice thereof. The Association shall have full authority, right and power, as attorney- in-fact, to cause the repair or restoration of the improvement(s) using all of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his con- dominium unit and may be enforced and collected as is provided in paragraph 22. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association, as attorney-in-fact, pursuant to the provisions of this paragraph. Assess- ments for common expenses shall not be abated during the period of insurance adjustment and repair and reconstruction. The delinquent owner shall be required to pay to the Asso- ciation the costs and expenses for filing the notices, interest at the rate of eight percent per annum on the amount of the assessment and all reasonable attorney's fees. The pro- ceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney-in-fact, in the following order: 1. For payment of taxes and special assessments liens in favor of any asses- sing entity and the customary expense of sale; 2. For payment of the balance of the lien of any first mortgage; 3. For payment of unpaid common expenses and all costs, expenses and fees incurred by the Association; 4. For payment of junior liens and encumbrances in the order of and to the extent of their priority; and 5. The balance remaining, if any, shall be paid to the condominium unit owner. -9- (c) If the insurance proceeds are insufficient to repair and reconstruct the damaged improvement(s), and if such damage is more than sixty percent of the total replacement cost of all of the condominium units (in this project), not including land, and if the own- ers representing an aggregate ownership interest of fifty-one percent, or more, of the general common elements do not voluntarily, within one hundred days thereafter, make provisions for reconstruction, which plan must have the approval or consent of fifty-one percent, or more, of the first mortgagees of record, then the Association shall forth- with record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's President and Secretary or Assistant Secretary, the entire remaining premises shall be sold by the Association pursuant to the provisions of this paragraph, as attorney-in-fact for all of the owners, free and clear of the provisions contained in this Declaration, the Map, Articles of Incorporation and the By-Laws. Assessments for com- mon expenses shall not be abated during the period prior to sale. The insurance settle- ment proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each owner's interest in the general common elements, and such divided proceeds shall be paid into separate accounts, each such account repre- senting one of the condominium units. Each such account shall be in the name of the Asso- ciation, and shall be further identified by the condominium unit designation and the name of the owner. From each separate account the Association, as attorney-in-fact, shall forthwith use and disburse the total amount (of each) of such accounts, without contri- bution from one account to another, toward the partial or full payment of the lien of any first mortgage against the condominium unit represented by such separate account. Thereafter, each such account shall be supplemented by the apportioned amount of the proceeds obtained from the sale of the entire property. Such apportionment shall be based upon each condominium unit owner's interest in the general common elements. The total funds of each account shall be used and disbursed, without contribution from one account to another, by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in subparagraph (b) 1 through 5 of this paragraph. (d) In the event of such damage or destruction under subparagraph (c) of this para- graph, and if a plan for reconstruction is adopted as therein provided, then all of the owners shall be bound by the terms and other provisions of such plan. Any assessment made in connection with such plan shall be a common expense and made pro rata accord- ing to each owner's interest in the general common elements and shall be due and payable as provided by the terms of such plan, but not sooner than thirty days after written notice thereof. The Association shall have full authority, right and power, as attorney-in-fact, to cause the repair or restoration of improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. Assess- ments for common expenses shall not be abated during the period of insurance adjustment and repair and reconstruction. The assessment provided for herein shall be a debt of each owner and a lien on his condominium unit and may be enforced and collected as is provided in paragraph 22. In addition thereto, the Association, as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association. The delinquent owner shall be required to pay to the Associa- tion the costs and expenses for filing the notices, interest at the rate of eight percent per annum on the amount of the assessment and all reasonable attorney's fees. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Asso- ciation, as attorney-in-fact, for the same purposes and in the same order as is provided in subparagraph (b) I through 5 of this paragraph. (e) The owners representing an aggregate ownership interest of eighty percent, or more, of the general common elements may agree that the general common elements are obsolete and adopt a plan for the renewal and reconstruction, which plan has the approval of eighty percent, or more, of the first mortgagees of record at the time of the adoption of such plan. If a plan for the renewal or reconstruction is adopted, notice of such plan shall be recorded, and the expense of renewal and reconstruction shall be payable by all of the owners as a common expense, whether or not they have previously consented to the plan of renewal and reconstruction. The Association, as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be .^ -10- ,&1 sold by the Association. The delinquent owner shall be required to pay to the Association the costs and expenses for filing the notices, interest at the rate of eight percent per annum on the amount of the assessment and all reasonable attorney's fees. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in subpara- graph (b) 1 through 5 of this paragraph. (f) The owners representing an aggregate ownership interest of eighty-five percent, or more, of the general common elements may agree that the condominium units are obsolete and that the same should be sold. Such plan or agreement must have the unanimous approval of every first mortgagee. In such instance, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's President and Secretary or Assistant Secretary, the entire premises shall be sold by the Association, as attorney-in-fact for all of the owners, free and clear of the provisions con- tained in this Declaration, the Map, the Articles of Incorporation and the By-Laws. The sales proceeds shall be apportioned among the owners on the basis of each owner's interest in the general common elements, and such apportioned proceeds shall be paid into separate accounts each such account representing one condominium unit. Each such account shall be in the name of the Association, and shall be further identified by the condominium unit des- ignation and the name of the owner. From each separate account the Association, as attor- ney-in-fact, shall use and disburse the total amount (of each) of such accounts, without con- tribution from one account to another, for the same purposes and in the same order as is provided in subparagraph (b) I through 5 of this paragraph . 26. Registration of Mailing Address. Each owner shall register his mailing address with the Association, and notices or demands intended to be served upon an owner shall be sent by mail, postage prepaid, addressed in the name of the owner at such registered address. 27. Period of Condominium Ownership. The separate condominium estates created by this Declaration and the Map shall continue until this Declaration is revoked in the manner and as is provided in paragraph 18 of this Declaration or until terminated in the manner and as is provided in subparagraph (c) or (f) of paragraph 25 of this Declaration. 28. Automobile Parking Facilities. The parking areas and facilities located on the property described in Exhibit "A" shall be under the control of the Association for the use of the owners of the condominium units des- cribed on Exhibit "B". 29. Restrictive Covenants and Obligations. (a) The property is hereby restricted to residential dwellings for residential use and uses related to the convenience and enjoyment of such residential use. All buildings or structures erected upon the property shall be of new construction, and no buildings or struc- tures shall be moved from other locations onto said premises, and no residential buildings other than buildings shown on the Map shall be erected or constructed on the property except by vote of the majority in interest of the condominium unit owners. No structures of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used or permitted to be kept or stored on any portion of the premises at any time either temporarily or permanently. (b) Notwithstanding any provisions herein contained to the contrary, it shall be ex- pressly permissible for the Declarant, his agent, employees and contractors to main- tain during the period of construction and sale of the condominium units, upon such portion of the property as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction and sale or rental of condominium units and interests, including, but without limitation, a business office, storage area, construction yards, signs, model units, sales office, con- struction office, parking areas and lighting. -11- (c) No animals, livestock or poultry of any kind shall be raised, bred or kept on the property, except that dogs, cats or other household pets may be kept; provided, however, that the right to keep a household pet shall be coupled with the responsibility to pay for any damage caused by an owner's pet. Every owner of a pet shall maintain strict control over his pet and shall prohibit the pet from making loud, disturbing noises. The owner of a dog shall prohibit the barking by his dog. The Association may adopt rules and regula- tions to supplement this covenant. (d) No advertising signs (except one For Sale or For Rent sign), billboards, unsightly objects or nuisances shall be erected, placed or permitted to remain on the premises, nor shall the premises be used in any way or for any purpose which may endanger the health or unreasonably disturb the owner of any condominium unit or any resident thereof. Further, no business activities of any kind whatever shall be conducted in any building or in any por- tion of the property; provided, further however, that the foregoing covenants shall not apply to the business activities, signs and billboards or the construction and maintenance of build- ings and improvements, if any, of the Declarant, its agent, contractors and assigns during the construction and sale and rental period and of the Association, its successors and assigns, in furtherance of its powers and purposes as hereinafter set forth. (e) No nuisances shall be allowed on the condominium property, nor any use or prac- tice which is the source of annoyance to residents or which interferes with the peaceful en- joyment or possession and proper use of the property by its residents. All parts of the property shall be kept in a clean and sanitary condition, and no rubbish, refuse or garbage be allowed to accumulate nor any fire hazard to exist. No unit owner shall permit any use of his unit or make use of the common elements which will increase the rate of insurance upon the condominium property. The Association may adopt By-Laws and Rules and Regu- lations relative to abatement and enjoinment of nuisances. (f) No immoral, improper, offensive or unlawful use shall be permitted or made of the condominium property or any part thereof. All valid laws, ordinances and regulations of all governmental bodies having jurisdiction shall be observed. (g) Rules and regulations may be adopted by the Board of Directors concerning and governing the use of the general and limited common elements; provided, however, that such rules and regulations shall be furnished to unit owners prior to the time that they be- come effective and that such rules and regulations shall be uniform and non-discriminatory. (h) Except for those improvements erected or installed by Declarant, no exterior additions, alterations or decorating to any buildings, nor changes in fences, hedges, walls, and other structures shall be commenced, erected or maintained until the plans and speci- fications showing the nature, kind, shape, heights, materials, location and approximate cost of same shall have been submitted to and approved in writing as to conformity and harmony of external design and location with existing structures in the condominium pro- ject by the Association or by a representative designated by it. 30. Assessment Reserves. Each owner, other than the Declarant, shall be required to deposit and to maintain with the Association up to three times the amount of the estimated monthly common assess- ment, without interest, which sum shall be used by the Managing Agent as a reserve for paying such owner's monthly common assessment, for purchase of equipment and supplies and for working capital. Such advance payment shall not relieve an owner from making the regular monthly payments of the monthly common assessment as the same come due. Upon the sale of his condominium unit, an owner shall be entitled to a credit from his grantee for any unused portion thereof. 31. Association Right to Acquire Additional Property. (a) The Association may acquire and hold for the benefit of all of the condominium unit owners, real, tangible and intangible personal property and may dispose of the same by sale or otherwise. The beneficial interest in any such property shall be owned by all of the condominium unit owners in the same proportions as their respective interests in the gen- eral common elements, and such interest therein shall not be transferable except with a 12- conveyance of a condo. .tium unit. A conveyance of a condomin a unit shall transfer to the grantee ownership of the grantor's beneficial interest in all such property interests associated with the foreclosed condominium unit. (b) The private street and the extensions thereof to be depicted on the Map and supple- ments thereto, which street is known as Ward Drive, shall be conveyed to the Association upon substantial completion of the condominium units in this condominium project. The own- ers of the condominium units described in Exhibit "B" and the owners of the condominium units subsequently submitted to this condominium project shall (each) have a perpetual, non- exclusive easement, in common with all other condominium unit owners in this condominium project, on, over and across said private street for purposes of ingress and egress to and from their unit from the public street known as 43rd Avenue which adjoins the condominium project on its Easterly boundary. Notwithstanding the provisions herein contained, Declar- ant reserves the right to dedicate to public use the street referred to herein without the con- sent of any owner or mortgagee of a condominium unit or who has an interest therein. 32. Reservation to Enlarge and Supplement Condominium Project. (a) Declarant, for itself, its successors and assigns, expressly reserves the right to enlarge this condominium project by submitting additional real property and improvements. Such additions shall be expressed in and by a duly recorded Supplement to the Map. The reference to the Map and Declaration in any instrument shall be deemed to include any supplements to the Map or Declaration without specific reference thereto. (b) Such Supplements to this Declaration shall provide for a division of such addition- ally submitted real property and improvements into condominium units similar in method and form to the division made of the real property and improvements in this Declaration. Each unit shall be separately designated, and each building shall be identified by a symbol or designation dissimilar to any other building in the condominium project. The undivided interest in and to the general common elements appurtenant to each such unit shall not be a part of the general common elements of the condominium units described and initially created by this Declaration and the Map nor a part of the general common elements of sub- sequently submitted condominium units; provided, however, all owners of condominium units in this condominium project shall have a non-exclusive right in common with all of the other owners to use of the sidewalks, pathways, roads, streets and all other general common elements within this entire condominium project. (c) Except as may be otherwise provided by the provisions of such Supplement(s) to this Declaration, all of the provisions contained in this Declaration shall be applicable to such additional condominium units submitted to this condominium project. (d) As additional condominium units are submitted to this condominium complex and in order that the common expenses of this condominium project be shared proportionately and equitably by the owners of the initially submitted condominium units and the owners of all subsequently submitted additional condominium units, the common expenses shall be proportionately shared according to the following: Type of Unit Percentage 1 19. 0 2 15. 5 3 15. 5 4 15. 5 5 15. 5 6 19. 0 and the aggregate of all of the percentage interests making up the then enlarged condomin- ium project shall be considered one hundred percent for the purposes stated. Likewise, each condominium unit owner shall be entitled to cast votes at any meeting of the Associa- tion members equal to the percentage interest assigned to the Type of Unit owned by him as set forth herein, and the aggregate of all of the percentage interests making up the then enlarged condominium project shall be considered one hundred percent for voting purposes. -13- Such percentages (for sharing common expenses and for voting purposes) for the initially submitted condominium units is the same as the appurtenant undivided percentage interest which is set forth after each condominium unit in Exhibit "B" hereof. The Supplements shall set forth the applicable percentage of each condominium unit for the purposes stated herein. In the event that any additionally submitted condominium units differ substantially from the Type of Units which are described herein and in Exhibit "B", such Supplement shall establish a different percentage interest for such unit(s) for the sharing of common expenses and for voting purposes. 33. General Reservations. (a) Declarant reserves the right to establish a recreation or green area(s) and to con- struct improvements thereon on a portion of the property within the condominium project. (b) Declarant reserves the right to establish easements, reservations, exceptions and exclusions consistent with the condominium ownership of the condominium project and for the best interests of all of the condominium unit owners, including Declarant, in order to serve the entire condominium project. (c) Notwithstanding any other provisions expressly or impliedly to the contrary con- tained in this Declaration, the Articles of Incorporation or By-Laws of the Association, Declarant reserves the right to exercise the rights, duties and functions of the Board of Directors of the Association until all of the condominium units in the entire project have been sold. During such period of development and sale, the monthly assessment for common expenses shall be based upon the actual cost, and shall not include any estimated amount for contingencies, reserves or sinking funds. Declarant shall pay its pro rata share of the expenses based on its ownership of condominium units. (d) Notwithstanding any provisions contained in this Declaration, Articles of Incorpora- tion or Association By-Laws expressly or impliedly to the contrary, the provisions of the Management Agreement referred to in paragraph 12(c) shall be binding upon the owners and the Association and shall govern the management functions, rights and duties of the Manager named therein. 34. Title Subject to Declarant's Reservations. Title to and ownership of each condominium unit is expressly subject to the reservations set forth in paragraphs 32 and 33. 35. Acceptance of Provisions of All Documents. The conveyance or encumbrance of a condominium unit shall be deemed to include the ac- ceptance of all of the provisions of this Declaration, the Articles of Incorporation and Asso- ciation By-Laws and Rules and Regulations and Management Agreement and shall be binding upon each grantee or encumbrancer without the necessity of inclusion of such an express provision in the instrument of conveyance or encumbrance. 36. General. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstances be invalidated, such inval- idity shall not affect the validity of the remainder of this Declaration, and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circum- stances shall not be affected thereby. (b) 'Declarant' as used herein means the named Declarant, its successors and assigns. (c) The provisions of this Declaration shall be in addition to and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions of law. (d) That whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall in- clude all genders. -14- • • (e) Paragraph titles are for convenience of reference and are not intended to limit, enlarge or change the meaning of the contents of the various paragraphs. IN WITNESS WEREOF, Declarant has duly executed this Declaration this 21st day of May , 1971. GLOBE CONSTRUCTION CO. (SEAL) ATTEST: By /s/ G. K. Ward G. K. Ward, President /s/ Hazel L. Ward Hazel L. Ward, Secretary STATE OF COLORADO ss City and County of Denver ) The foregoing instrument was acknowledged before me this 21st day of May 1971, by G. K. Ward as President and Hazel L. Ward as Secretary of Globe Construction Co. , a Colorado corporation. Witness my hand and official seal. My Commission expires: August 5, 1974 /s/ Chris J. Allison Notary Public -15- COUNTRY CLUB VILLAS EXHIBIT "A" Lot 15, Tract A, according to the Replat of Tract A, Country Club Estates First Filing, County of Weld, State of Colorado, subject to any tax, assessment, fees or charges by reason of the inclusion of the subject property in the Northern Colorado Water Conser- vancy District and the West Greeley Soil Conservation District, easements and covenants of record; subject to the reservation made by the Union Pacific Railway Company in deed recorded June 14, 1887, in Book 317, Page 525, old Arapahoe County records reserving all coal that may be underneath the surface of the land also such right of way and other grounds as may be necessary for the proper working of any coal mines that may be devel- oped upon said premises and for transportation of coal therefrom, as limited by instru- ment recorded December 31, 1964, in Book 9360, Page 166, wherein the right to enter upon or damage the surface of the land was relinquished. Declarant agrees to protect the condominium owners against any loss or damage resulting from the use or exercise of said reserved rights on the surface of the land. EXHIBIT "B" Appurtenant Undivided Unit Interest Building (Percentage) 1 A 19.0 2 A 15. 5 3 A 15.5 4 A 15.5 5 A 15.5 6 A 19.0 100.0 BY-LAWS OF COUNTRY CLUB VILLAS ASSOCIATION The name of the organization shall be Country Club Villas Association. ARTICLE I OBJECT (Plan of Ownership) 1. The purpose for which this non-profit Association is formed is to govern the condo- minium property which has been or will be submitted to the provisions of the Condominium Ownership Act of the State of Colorado by the recording of the Declaration and Supplements thereto and Maps and Supplements thereto bearing the name associated with this Association. 2. All present or future owners, tenants, future tenants, or any other person that might use in any manner the facilities of the project located on the property therein described are subject to the regulations set forth in these By-Laws. The mere acquisition or rental of any of the condominium units (hereinafter referred to as "units") or the mere act of occupancy of any of said unit will signify that these By-Laws are accepted, ratified and will be complied with. ARTICLE II MEMBERSHIP, VOTING, MAJORITY OF OWNERS, QUORUM, PROXIES 1. Membership. Except as is otherwise provided in these By-Laws, ownership of a condominium unit is required in order to qualify for membership in this Association. Any person on becoming an owner of a condominium unit shall automatically become a member of this Association and be subject to these By-Laws. Such membership shall terminate without any formal Association action whenever such person ceases to own a condominium unit, but such termination shall not relieve or release any such former owner from any liability or obligation incurred under or in any way connected with this Association during the period of such ownership and membership in the Association, or impair any rights or remedies which the unit owners have, either through the Board of Directors of the Association or directly, against such former owner and member arising out of or in any way connected with ownership and membership and the covenants and obligations incident thereto. 2. Voting. Voting shall be based upon the percentage of the undivided interest owned by each unit owner in all of the general common elements. Upon the submission of addi- tional condominium units to this condominium project, each condominium unit owner shall be entitled to cast votes equal to the percentage interest assigned to the type of unit owned by him as is set forth in paragraph 32(d) of the Declaration, and the aggregate of all of the percentage interests then making up the enlarged condominium project shall be considered one hundred percent for voting purposes. Cumulative voting is prohibited. 3. Majority of Unit Owners. As used in these By-Laws the term "majority of unit owners" shall mean those owners of more than fifty percent (50%) of the undivided ownership of the general common elements. 4. Quorum. Except as otherwise provided in these By-Laws, the presence in person or by proxy of members holding one-tenth of the votes entitled to be cast shall constitute a quorum. An affirmative vote of a majority of the unit owners present, either in person or by proxy, shall be required to transact the business of the meeting. ARTICLE III ADMINISTRATION 1. Association Responsibilities. The owners of the units will constitute the Association of Unit Owners, hereinafter referred to as "Association", who will have the responsi- bility of administering the project through a Board of Directors, hereinafter referred to as the "Board". 2. Place of Meeting. Meetings of the Association shall be held at such place within the State of Colorado as the Board may determine. 3. Annual Meetings. The first meeting of the Association members shall be held within ninety days following the giving of notice by the Declarant that all of the condominium units in the entire condominium project have been sold, reference being made to the provisions of paragraph 33 (c) of the Declaration. Thereafter, the annual meetings of the Association shall be held during the month of December of each succeeding year. At such meetings there shall be elected by ballot of the owners a Board in accordance with the requirements of Section 5 of Article IV of these By-Laws. The owners may also transact such other business of the Association as may properly come before them. "Declarant" as used in these By-Laws refers to the Declarant named in the Condominium Declaration for Country Club Villas, its successors and assigns. 4. Special Meetings. The President may call a special meeting of the owners upon his own initiative or as directed by resolution of the Board or upon receipt of a petition signed by at least one-third of the owners. The notice of any special meeting shall state the time and place of such meeting and the purpose thereof. No business except as stated the notice shall be transacted at a special meeting unless by consent of two-thirds of the owners present, either in person or by proxy. Any such meetings shall be held at such place and time as the President determines within thirty (30) days after receipt by the President of such resolution or petition. 5. Notice of Meetings. The Secretary shall cause to be mailed or delivered a notice of each annual or special meeting, stating the purpose thereof as well as the time and place it is to be held, to each owner of record, at the registered address of each owner, at least five (5), but not more than thirty (30) days prior to such meeting. The mailing of a notice in the manner provided in this section or the delivery of such notice shall be con- sidered notice served, and the Certificate of the Secretary that notice was duly given shall be prima facia evidence thereof. 6. Adjourned Meetings. If any meeting of owners cannot be organized because a quorum has not attended, the owners who are present, either in person or by proxy, may adjourn the meeting, to a time not less than forty-eight hours from the time the original meeting was called. 7. Order of Business. The order of business at all meetings of the owners of units shall be as follows: (a) Roll call and certifying proxies (b) Proof of notice of meeting or waiver of notice (c) Reading of Minutes of preceding Meetings (d) Reports of officers (e) Reports of committees (f) Election of directors (g) Unfinished business (h) New business (i) Adjournment 8. Performance of Functions by Declarant. The rights, duties and functions of the Board shall, at the Declarant's option, be exercised by the Declarant by and through those persons -2- named as Directors in the Articles of Incorporation, until the development of the entire condominium project has been completed and until all condominium units have been sold. The provisions of paragraph 33(c) of the Declaration are incorporated herein by this reference and made a part hereof as if fully set forth herein. ARTICLE IV BOARD OF DIRECTORS 1. Number and Qualification. Consistent with the provisions of paragraph 33(c) of the Declaration, the Declarant shall exercise the rights, duties and functions of the Board as provided therein by and through the persons named in the Articles of Incorporation as the Directors until the first meeting of the Members of the Association. At the first meeting there shall be elected any three members of the Association to the Board who shall thereafter govern the affairs of this Association until their successors have been duly elected and qualified. The number of Directors may be increased to five by a vote of the majority of the members at a regular or special meeting. 2. Powers and Duties. The Board shall have the powers and duties necessary for the administration of the affairs of the Association and for the operation and maintenance of the condominium project as a first class residential condominium property. Such powers and duties of the Board shall include, but shall not be limited to, the following, all of which shall be done for and in behalf of the owners of the condominium units: (a) To administer and enforce the covenants, conditions, restrictions, easements, uses, limitations, obligations and all other provisions set forth in the Condominium Declaration submitting the property to the provisions of the Condominium Ownership Act of the State of Colorado, the By-Laws of the Association and supplements and amendments thereto. (b) To establish, make and enforce compliance with such rules and regulations as may be necessary for the operation, rentals, use and occupancy of all of the condominium units with the right to amend same from time to time. A copy of such rules and regulations shall be delivered or mailed to each member upon the adoption thereof. (c) With the assistance of the Managing Agent, to incur such costs and expenses as may be necessary to keep in good order, condition and repair all of the general and limited common elements and all items of common personal property. (d) With the assistance of the Managing Agent, to insure and keep insured all of the insurable general common elements and condominium units in an amount equal to the max- imum replacement value. To insure and keep insured all of the common fixtures, common equipment and common personal property for the benefit of the owners of the condominium units and their first mortgagees. Further, to obtain and maintain comprehensive liability insurance covering the entire premises. (e) With the assistance of the Managing Agent, to prepare a budget for the condom- inium at least annually, in order to determine the amount of the common assessments payable by the unit owners to meet the common expenses of the condominium project, and allocate and assess such common charges among the unit owners according to their respective com- mon ownership interests in and to the general common elements, and by majority vote of the Board to adjust, decrease'or increase the amount of the quarterly or monthly assessments, and remit or return any excess of assessments over expenses, working capital, sinking funds, reserve for deferred maintenance and for replacement to the owners at the end of each operating year. To levy and collect special assessments whenever in the opinion of the Board it is necessary to do so in order to meet increased operating or maintenance expenses or costs, or additional capital expenses, or because of emergencies. (f) To collect delinquent assessments by and through the Managing Agent by suit or otherwise and to enjoin or seek damages from an owner as is provided in the Declaration and these By-Laws. To enforce a late charge of not more than $10. 00 per month and to col- lect interests at the rate of twelve percent (12%) per annum in connection with assessments • remaining unpaid more than ten (10) days from due date for payment thereof, together with all expenses, including attorney's fees incurred. The Board shall have the duty, right, power and authority to prohibit use of a condominium unit by his tenants and lessees in the event that any assessment made remains unpaid more than thirty (30) days from the due date for payment thereof. (g) To protect and defend in the name of the Association any part or all of the con- dominium project from loss and damage by suit or otherwise. (h) To borrow funds in order to pay for any expenditure or outlay required pursuant to the authority granted by the provisions of the recorded Declaration and these By-Laws, and to execute all such instruments evidencing such indebtedness as the Board may deem necessary and give security therefor. Such indebtedness shall be the several obligation of all of the owners in the same proportion as their interest in the general common ele- ments. The persons who shall be authorized to execute promissory notes and securing instruments shall be the President and Secretary or Assistant Secretary. (i) To enter into contracts to carry out their duties and powers. (j) To establish a bank account or accounts for the common treasury and for all separate funds which are required or may be deemed advisable. (k) To make repairs, additions, alterations and improvements to the general common elements consistent with managing the condominium project in a first-class manner and con- sistent with the best interests of the unit owners. Such duties shall be delegated to the Managing Agent. (1) To keep and maintain full and accurate books and records showing all of the re- ceipts, expenses, or disbursements and to permit examination thereof at any reasonable time by each of the owners, and to cause a complete audit of the books and accounts by a certified or public accountant, once each year. Such duties shall be delegated to the Managing Agent. (m) With the assistance of the Managing Agent, to prepare and deliver annually to each owner a consolidated statement showing receipts, expenses or disbursements since the last such statement. (n) To meet at least semi-annually whereat an employee of the Managing Agent shall be in attendance. (o) In general, to carry on the administration of this Association and to do all of those things necessary and reasonable in order to carry out the governing and the operation of this condominium property. (p) To control and manage the use of all parking areas, open spaces, common streets and other common property. (q) To employ for the Association a managing agent who shall have and exercise those duties and powers granted to it by the Board but not those powers which the Board, by law, may not delegate. 3. No Waiver of Rights. The omission or failure of the Association or any condominium unit owner to enforce the covenants, conditions, restrictions, easements, uses, limita- tions, obligations or other provisions of the Condominium Declaration, the By-Laws, or the Rules and Regulations adopted pursuant thereto, shall not constitute or be deemed a waiver, modification or release thereof, and the Board or the Managing Agent shall have the right to enforce the same thereafter. 4. Election and Term of Office. At the first meeting of the Association the term of office of one Director shall be fixed for three (3) years; the term of office of one Director shall be fixed for two (2) years; and the term of office of one Director shall be fixed at one (1) year. At the expiration of the initial term of office of each respective Director, his suc- cessor shall be elected tb serve a term of three (3) years. Except as is otherwise • • • provided by these By-Laws, the Directors shall hold office until their successors have been elected and hold their first meeting. In the event the number of Directors is in- creased to five by the members, the newly elected Board members shall serve terms coincidental to the two longest terms of the Board members then serving as Directors. 5. Vacancies. Vacancies in the Board caused by any reason other than the removal of a Director by a vote of the Association shall be filled by vote of the majority of the re- maining Directors, even though they may constitute less than a quorum; and each person so elected shall be a Director until his successor is elected. 6. Removal of Directors. Subject to the provisions of paragraph 33(c) of the Declaration, at any regular or special meeting duly called, any one or more of the Directors may be removed with or without cause by a majority of the owners, and a successor may then and there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the owners shall be given an opportunity to be heard at the meeting prior to voting thereon. 7. Organization Meeting. The first meeting of a newly elected Board following each an- nual meeting of the unit owners shall be held within ten days thereafter at such place as shall be fixed by the Directors at the meeting at which such Directors were elected, and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present. 8. Regular Meetings. Regular meetings of the Board may be held at such time and place as shall be determined, from time to time, by a majority of the Directors, but at least two such meetings shall be held during each calendar year. Notice of regular meetings of the Board shall be given to each Director, personally or by mail, telephone or telegraph, at least seven days prior to the day named for such meeting. 9. Special Meetings. Special meetings of the Board may be called by the President on three days notice to each Director, given personally or by mail, telephone or telegraph, which notice shall state the time, place (as hereinabove provided) and purpose of the meeting. Special meetings of the Board shall be called by the President or Secretary in like manner and on like notice on the written request of two or more Directors. 10. Waiver of Notice. Before or at any meeting of the Board, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of notice. Attendance by a Director at any meeting of the Board shall be a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting. 11. Board of Directors' Quorum. At all meetings of the Board, a majority of the Direc- tors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board., If, at any meeting of the Board, there be less than a quorum present, the major- ity of those present may adjourn the meeting from time to time. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. 12. Fidelity Bonds. The Board may require that all officers and employees of the Asso- ciation and the Managing Agent who handle or are responsible for Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be a common expense. ARTICLE V FISCAL MANAGEMENT The provisions for fiscal management of the condominium units for and in behalf of all of the unit owners as set forth in the Condominium Declaration may be supplemented by the following provisions: -5- 1. Accounts. The funds and expenditures of the unit owners by and through the Associa- tion shall be credited and charged to accounts under the following classifications as shall be appropriate, all of which expenditures shall be common expenses: (a) Current expense, which shall include all funds and expenditures within the year for which the funds are budgeted, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserves or to additional improvements. (b) Reserve for deferred maintenance, which shall include funds for maintenance items which occur less frequently than annually. (c) Reserve for replacement, which shall include funds for repair or replacement required because of damage, wear or obsolescence. ARTICLE VI OFFICERS 1. Designation. The officers of the Association shall be a President, a Vice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board, and such assis- tant officers as the Board shall, from time to time elect. Such officers need not be mem- bers of the Board, but each shall be an owner of a condominium unit in this condominium project, or the Declarant or its representative(s). The office of President and Treasurer may be held by the same person, and the office of Vice-President and Secretary may be held by the same person. 2. Election of Officers. The officers of the Association shall be elected annually by the Board at the organization meeting of each new Board and shall hold office at the pleasure of the Board. 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the Board, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the Board, or at any special meeting of the Board called for such purpose. 4. President. The President shall be the chief executive officer of the Association. He shall preside at all meetings of the Association and of the Board. He shall have all of the general powers and duties which are usually vested in the office of president of an asso- ciation, including but not limited to the power to appoint committees from among the owners from time to time as he may in his discretion decide is appropriate to assist in the conduct of the affairs of the Association or as may be established by the Board or by the members of the Association at any regular or special meetings. 5. Vice-President. The Vice-President shall have all the powers and authority and per- form all the functions and duties of the President, in the absence of the President, or his inability for any reason to exercise such powers and functions or perform such duties. 6. Secretary. The Secretary shall keep all the minutes of the meetings of the Board and the minutes of all meetings of the Association; he shall have charge of such books and papers as the Board may direct; and he shall, in general, perform all the duties incident to the office of Secretary. The Secretary shall compile and keep up to date at the principal office of the Associa- tion a complete list of members and their registered addresses as shown on the records of the Association. Such list shall also show opposite each member's name the number or other appropriate designation of the unit owned by such member, the undivided interest in the general common elements. Such list shall be open to inspection by members and other persons lawfully entitled to inspect the same at reasonable times during regular business hours. In addition, a list of all mortgagees of units shall be maintained. The records referred to in this subsection may be maintained by the Managing Agent. -6- • • • r"' • • , 7. Treasurer. The Treasurer shall have the responsibility for Association funds and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the Association; provided, however, that when a Managing Agent has been delegated the responsibility of collecting and disbursing funds, the Treasurer's responsi- bility shall be to review the accounts of the Managing Agent not less often than semi-annually. ARTICLE VII INDEMNIFICATION OF OFFICERS, DIRECTORS AND MANAGING AGENT 1. Indemnification. The Association shall indemnify every Director, officer, Managing Agent, their respective successors, personal representatives and heirs, against all loss costs and expenses, including counsel fees, reasonably incurred by him in connection with any action, suit or proceeding to which he may be made a party by reason of his being or having been a Director, officer or Managing Agent of the Association, except as to matters as to which he shall be finally adjudged in such action, suit or proceeding to be liable for gross negligence or willful misconduct. In the event of a settlement, indemnification shall be provided only in connection with such matters covered by the settlement as to which the Association is advised by counsel that the person to be indemnified has not been guilty of gross negligence or willful misconduct in the performance of his duty as such Director, officer or Managing Agent in relation to the matter involved. The foregoing rights shall not be exclusive of other rights to which such Director, officer or Managing Agent may be entitled. All liability, loss, damage, cost and expense incurred or suffered by the Asso- ciation by reason or arising out of or in connection with the foregoing indemnification pro- visions shall be treated and handled by the Association as common expenses; provided, however, that nothing in this Article VII contained shall be deemed to obligate the Asso- ciation to indemnify any member or owner of a condominium unit who is or has been a Director or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Condominium Declaration. 2. Other. Contracts or other commitments made by the Board of Directors, officers or the Managing Agent shall be made as agent for the unit owners, and they shall have no personal responsibility on any such contract or commitment (except as unit owners), and the liability of any unit owner on any such contract or commitment shall be limited to such proportionate share of the total liability thereof as the common interest of each unit owner bears to the aggregate common interest of all of the unit owners, except that any losses incurred because of an inability to collect such proportionate amount of the total liability owed by an owner shall be shared proportionately by the owners. ARTICLE VIII AMENDMENTS 1. The Articles of Incorporation may be amended in the manner provided by law. 2. These By-Laws may be amended by the members at a duly constituted meeting of the members for such purpose; provided, however, that no amendment shall conflict with or minimize the intended effect of the provisions of the Articles of Incorporation or the Dec- laration. ARTICLE IX MORTGAGES 1. Notice to Association. An owner who mortgages his unit shall notify the Association through the Managing Agent, if any, or the Association Secretary, giving the name and address of his mortgagee. The Association shall maintain such information in a book entitled "Mortgagees of Units". -7- Z. Notice of Unpaid Common Assessments. The Association, whenever so requested in writing by a mortgagee of a condominium unit, shall promptly report any then unpaid common assessments due from, or any other default by, the owner of a mortgaged unit. 3. Notice of Default. When giving notice to a unit owner of a default in paying common assessments or other default, the Board shall send a copy of such notice to each holder of a mortgage covering such condominium unit whose name and address has theretofore been furnished to the Board. 4. Examination of Books. Each unit owner and each mortgagee of a condominium unit shall be permitted to examine the books of account of the condominium at reasonable times on business days, but not more than once each month. ARTICLE X EVIDENCE OF OWNERSHIP, REGISTRATION OF MAILING ADDRESS AND DESIGNATION OF VOTING REPRESENTATIVE 1. Proof of Ownership. Except for those owners who initially purchase a condominium unit from Declarant, any person on becoming an owner of a condominium unit shall furnish to the Managing Agent or Board a machine or a certified copy of the recorded instrument vesting that person with an interest or ownership in the condominium unit, which copy shall remain in the files of the Association. 2. Registration of Mailing Address. The owners or several owners of an individual con- dominium unit shall have one and the same registered mailing address to be used by the Association for mailing of monthly statements, notices, demands and all other communica- tions, and such registered address shall be the only mailing address of a person or persons, firm, corporation, partnership, association or other legal entity or any combination there- of to be used by the Association. Such registered address of a condominium unit owner or owners shall be furnished by such owners to the Managing Agent or Board within fifteen days after transfer of title, or after a change of address, and such registration shall be in writ- ten form and signed by all of the owners of the condominium unit or by such persons as are authorized by law to represent the interest of (all of) the owners thereof. 3. Designation of Voting Representative - Proxy. If a condominium unit is owned by one person, his right to vote shall be established by the record title thereto. If title to a con- dominium unit is held by more than one person or by a firm, corporation, partnership, association or other legal entity, or any combination thereof, such owners shall execute a proxy appointing and authorizing one person or alternate persons to attend all annual and special meetings of members and thereat to cast whatever vote the owner himself might cast if he were personally present. Such proxy shall be effective and remain in force un- less voluntarily revoked, amended or sooner terminated by operation of law; provided, however, that within thirty days after such revocation, amendment or termination, the owners shall reappoint and authorize one person or alternate persons to attend all annual and special meetings as provided by this Section 3. The requirements herein contained in this Article X shall be first met before an owner of a condominium unit shall be deemed in good standing and entitled to vote at any annual or special meeting of members. ARTICLE XI • OBLIGATIONS OF THE OWNERS 1. Assessments. All owners shall be obligated to pay the monthly or quarterly assess- ments imposed by the Association to meet the common expenses. The assessments shall be made pro rata according to percentage interest in and to the general common elements subject to the provisions of paragraph 32(d) of the Declaration which are incorporated here- in by this reference. Assessments shall be due in advance. A member shall be deemed to be in good standing and entitled to vote at any annual or at a special meeting of members, -8- /"1 • • within the meaning o- ..ese By-Laws, if, and only if, he shall .._✓e fully paid all assess- ments made or levied against him and the condominium unit owned by him. 2. Notice of Lien or Suit. An owner shall give notice to the Association of every lien or encumbrance upon his condominium unit, other than for taxes and special assessments, and notice of every suit or other proceeding which may affect the title to his condominium unit, and such notice shall be given in writing within five days after the owner has knowl- edge thereof. 3. Mechanic's Lien. Each owner agrees to indemnify and to hold each of the other owners harmless from any and all claims of mechanic's lien filed against other apartment units and the appurtenant general common elements for labor, materials, services or other products incorporated in the owner's apartment unit. In the event such a lien is filed and/or a suit for foreclosure of mechanic's lien is commenced, then within ten days there- after such owner shall be required to deposit with the Association cash or negotiable securities equal to one and one-half of the amount of such claim plus interest for one year together with a sum equal to ten percent of the amount of such claim but not less than One Hundred Fifty Dollars, which latter sum may be used by the Association for any costs and expenses incurred, including attorney's fees incurred for legal advice and counsel. Except as is otherwise provided, such sum or securities shall be held by the Association pending final adjudication or settlement of the claim or litigation. Disbursement of such funds or proceeds shall be made by the Association to insure payment of or on account of such final judgment or settlement. Any deficiency, including attorney's fees incurred by the Asso- ciation, shall be paid forthwith by the subject owner, and his failure to so pay shall entitle the Association to make such payment, and the amount thereof shall be a debt of the owner and a lien against his condominium unit which may be foreclosed as is provided in para- graph 22 of the Condominium Declaration. All advancements, payments, costs and ex- penses, including attorney's fees, incurred by the Association shall be forthwith reim- bursed to it by such owner(s), and the owner shall be liable to the Association for the payment of interest at the rate of twelve percent per annum on all such sums paid or incurred by the Association. 4. Maintenance and Repair. (a) Every owner must perform promptly, at his own expense, all maintenance and repair work within his own unit which, if omitted, would affect the appearance of or the aesthetic integrity of part or all of the condominium project. (b) All the repairs of internal installations of the unit such as water, light, gas, power, sewage, telephone, sanitary installations, doors, windows, electrical fixtures and all other accessories, equipment and fixtures shall be at the owner's expense. (c) An owner shall be obligated to reimburse the Association promptly upon receipt of its statement for any expenditures incurred by it in repairing or replacing any general or limited common element damaged by his negligence or by the negligence of his tenants or agents or guests. 5. General. (a) Each owner shall comply strictly with the provisions of the recorded Condominium Declaration and these By-Laws and amendments thereto. (b) Each owner shall always endeavor to observe and promote the cooperative pur- poses for the accomplishment of which this condominium project was built. 6. Uses of Units - Internal Changes. (a) All units shall be utilized only for residential purposes as is provided in the Con- dominium Declaration. Use of each unit is restricted to the owner, his family members over the age of fifteen years. No person may occupy a unit on a permanent or semi- permanent basis who is under the age of fifteen. (b) An owner shall not make structural modifications or alterations to his unit or installations located therein without the written approval of the Board. The Board shall be notified in writing of the intended modifications through the Managing Agent or, if no -9- Managing Agent is employed, then, through the President of the Board. The Association shall have the obligation to answer an owner's request within thirty days after such notice, and failure to do so within such time shall mean that there is no objection to the proposed modifications or alterations. 7. Use of General Common Elements and Limited Common Elements. Each owner may use the general common elements, the limited common elements, sidewalks, pathways, roads and streets and other common elements located within the entire condominium project in accordance with the purpose for which they were intended without hindering or encroaching upon the lawful rights of the other owners, and subject to the rules and regulations contained in these By-Laws and established by the Board as is provided in Section 9 of this Article. 8. Right of Entry. (a) An owner shall and does grant the right of entry to the Managing Agent or to any other person authorized by the Board in case of any emergency originating in or threatening his unit, whether the owner is present at the time or not. (b) An owner shall permit other owners, or their representatives, to enter his unit for the purpose of performing installations, alterations or repairs to the mechanical, electrical or utility services which, if not performed, would affect the use of other units, provided that requests for entry are made in advance and that such entry is at a time con- venient to the owner. In case of an emergency, such right of entry shall be immediate. 9. Rules and Regulations. (a) The initial rules and regulations, which shall be effective until amended or supplemented by the Board, are annexed hereto and made a part hereof as Schedule A. (b) The Board reserves the power to establish, make and enforce compliance with such additional rules and regulations as may be necessary for the operation, use and occu- pancy of this condominium project with the right to amend same from time to time. Copies of such rules and regulations shall be furnished to each unit owner prior to the date when the same shall become effective. 10. Destruction and Obsolescence. Each owner, upon becoming an owner of a condomin- ium unit, thereby grants his power of attorney in favor of the Association, irrevocably ap- pointing the Association his attorney-in-fact to deal with the owner's condominium unit upon its damage, destruction or obsolescence, all as is provided in the Condominium Declaration. ARTICLE XII ABATEMENT AND ENJOINMENT OF VIOLATIONS BY UNIT OWNERS 1. Abatement and Enjoinment. The violation of any rule or regulation adopted by the Board, or the breach of any By-Law, or the breach of any provision of the Declaration, shall give the Board or the Managing Agent the right, in addition to any other rights set forth therein, (i) to enter the unit in which, or as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting unit owner, any per- son, structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions thereof, and the Board or Managing Agent shall not be deemed guilty in any manner of trespass, and to expel, remove and put out, using such force as may be necessary in so doing, without being liable to prosecution or in damages therefor; (ii) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any breach. ARTICLE XIII COMMITTEES 1. Designation. The Board may, but shall not be required to, appoint an executive com- mittee, and it may designate and appoint members to the standing committees. /�►, -10- /^1 . . . eTh • Z. Executive Committee. The executive committee shall consist of two persons who are members and who shall be appointed by the Board from the members of the Board. One member shall be the President. The executive committee shall supervise the affairs of the Association and shall regulate its internal economy, approve expenditures and com- mitments, act and carry out the established policies of the Association and report to the Directors at each meeting of the Board. The executive committee may hold regular meet- ings, monthly or as it may in its discretion determine. Special meetings may be called at any time by the chairman of the committee or by any of its members, either by telephone, telegraph, mail or personally, and a special meeting may be held by telephone. 3. Nominating Committee. Before each annual meeting, the Board may appoint a com- mittee of three members who shall nominate candidates for the Board. The names of the candidates shall be submitted on or before thirty (30) days before the election. Members may submit names of candidates other than those submitted by the nominating committee at least sixty (60) days prior to the election. Unless such names are submitted, either by the nominating committee or by the members, no person shall be elected whose name is not so submitted unless no nominations are made, in which event the names of candi- dates shall be submitted at the election by the members. 4. Vacancies. A vacancy in any committee shall be filled by the President until the next meeting of the Board. ARTICLE XIV ASSOCIATION - NOT FOR PROFIT 1. Association - Not For Profit. This Association is not organized for profit. No member, member of the Board, officer or person from whom the Association may receive any property or funds shall receive or shall be lawfully entitled to receive any pecuniary profit from the operation thereof, and in no event shall any part of the funds or assets of the Association be paid as salary or compensation to, or distributed to, or inure to the benefit of any member of the Board, officer or member; provided, how- ever, always (1) that reasonable compensation may be paid to any member, Director or officer while acting as an agent or employee of the Association, for services rendered in effecting one or more of the purposes of the Association, and (2) that any member, Director or officer may, from time to time, be reimbursed for his actual and reasonable expenses incurred in connection with the administration of the affairs of the Association. The provisions herein are not applicable to the Managing Agent, who shall perform its manager's duties and functions according to written agreement for the compensation stated therein. ARTICLE XV MORTGAGEES AS PROXIES 1. Mortgagees as Proxies. Condominium unit owners shall have the right to irrevocably constitute and appoint the beneficiary of a trust deed their true and lawful attorney to vote their unit membership in this Association at any and all meetings of the Association and to vest in such beneficiary or his nominee any and all rights, privileges and powers that they have as unit owners under the Certificate of Incorporation and By-Laws of this Asso- ciation or by virtue of the recorded Condominium Declaration. Such proxy shall become effective upon the filing of a notice by the beneficiary with the Secretary of the Associa- tion at such time or times as the beneficiary shall deem its security in jeopardy by rea- son of the failure, neglect or refusal of the Association, the Managing Agent or the unit owners to carry out their duties as set forth in the Condominium Declaration. A release of the beneficiary's deed of trust shall operate to revoke such proxy. Nothing herein contained shall be construed to relieve condominium unit owners, as mortgagors, of their duties and obligations as condominium unit owners or to impose upon the beneficiary of the deed of trust the duties and obligations of a unit owner. -11- IN WITNESS WHEREOF, the undersigned initial Board of Directors have hereunto set their hands this 12th day of May , A. D. , 1971. Board Of Directors: /s/ G. K. Ward /s/ Philip C. Drake G. K. Ward Philip C. Drake /s/ Hazel L. Ward Hazel L. Ward The undersigned Secretary of this Association does hereby certify that the above and foregoing By-Laws and rules and regulations were duly adopted by the Directors as the By-Laws and rules and regulations of said Association on this 12th day of May , A. D. , 1971. ATTEST: /s/ Hazel L. Ward Hazel L. Ward, Secretary -12- .-, SCHEDULE A Rules and Regulations 1. Any common sidewalks, driveways, entrances and passageways shall not be obstructed or used by any unit owner for any other purpose than ingress and egress from the units. 2. Except as to the areas termed limited common elements, no articles shall be placed on or in any of the general common elements except for those articles of personal prop- erty which are the common property of all of the unit owners. 3. Unit owners, members of their families, their guests, residents, tenants or lessees shall not use sidewalks, driveways, entrances, halls, stairways and passageways as a play area(s). 4. No vehicle belonging to or under the control of a unit owner or a member of the family or a guest, tenant, lessee or employee of a unit owner shall be parked in such manner as to impede or prevent ready access to any part of the project. Vehicles shall be parked within designated parking areas. Any traffic flow markings and signs regulating traffic on the premises shall be strictly observed. 5. No work of any kind shall be done upon the exterior building walls or upon the general or limited common elements by any unit owner. Such work is the responsibility of the Association. 6. No owner, resident or lessee shall install wiring for electrical or telephone installa- tion or for any other purpose, nor shall any television or radio antennae, machines or air conditioning units be installed on the exterior of the project, including any part of the balcony, or that protrude through the walls or the roof of the condominium improvements except as may be expressly authorized by the Association. 7. Owners and occupants shall exercise reasonable care to avoid making or permitting to be made loud, disturbing or objectionable noises, and in using or playing or permitting to be used or played musical instruments, radios, phonographs, television sets, ampli- fiers and any other instruments or devices in such manner as may disturb or tend to disturb owners, tenants or occupants of other units. 8. Disposition of garbage and trash shall be only by the use of garbage disposal units or by use of common trash and garbage facilities. 9. Balconies, terraces, decks or patios shall be used only for the purposes intended and shall not be used for a storage area or for hanging garments or other articles or for cleaning rugs, household articles or other items. No rugs or other materials shall be dusted from windows, balconies, decks or patios by beating or shaking. 10. The Association assumes no liability for nor shall it be liable for any loss or damage to articles left or stored in any common or other area. 11. Any damage to the general common elements or common personal property caused by the owner or a child or children of a unit owner or their guests or the guests of a unit owner shall be repaired at the expense of that unit owner. 12. The Managing Agent, or if there is no Managing Agent, then the Board of Directors, shall retain a passkey to each unit. No owner shall alter any lock or install a new lock on any door leading into the unit without prior consent, and, if such consent is given, the owner shall provide a key for the Managing Agent's or the Board of Directors' use. The foregoing Rules and Regulations are subject to amendment and to the promulgation of further regulations. MANAGEMENT AGREEMENT FOR COUNTRY CLUB VILLAS ASSOCIATION THIS AGREEMENT, made and entered into this 21st day of May , 1971, by and between Country Club Villas Asso- ciation, a Colorado corporation, not for profit, hereinafter called the "Association", organized and established in accordance with the pro- visions of the Condominium Declaration For Country Club Villas, and Executive Management Corporation, a Colorado corporation, herein- after called the "Manager". WITNESSETH: THAT WHEREAS, condominium ownership consists of ownership of an individual unit together with an undivided interest, as tenants in common, of the general common elements, such commonly owned prop- erty requiring continual maintenance and the sharing of common expenses; and WHEREAS, the named Declarant in the Condominium Declaration For Country Club Villas has reserved to Executive Management Corpora- tion the functions and duties of Managing Agent (Manager) in order to establish, create and maintain the general common elements of the con- \ dominium project by and through professional management thereof; and WHEREAS, the purpose of this Management Agreement is to es- tablish, create and maintain a system of professional management of the general common elements in order to operate and maintain the same ac- cording to the highest standards achievable so that the value of the condo- minium units is maintained and preserved and so that the condominium unit owners are relieved from the day to day details of operation and main- tenance; and WHEREAS, Declarant desires and intends to maintain the general common elements according to the highest standards achievable, not only during the period of development and sale of Country Club Villas condo- minium units, but thereafter in order to preserve and benefit Declarant's interests in properties adjoining or in relative proximity to this condo- minium project; and WHEREAS, title to and ownership of all condominium units in Country Club Villas condominium project is expressly made subject to the terms, agreements and other provisions of the Declaration and this Management Agreement; NOW THEREFORE, in consideration of the premises and in con- sideration of the terms, conditions and considerations hereinafter set forth, the parties hereto, their successors and assigns agree as follows. 1. The subject of this Agreement shall be those condominium units which are developed and submitted to the Colorado Condominium Ownership Act which are constructed on a part or all of Tract A, Country Club Estates First Filing, Weld County, Colorado. No part of said property which is not developed as a part of this condominium project and which is not sub- mitted to the Colorado Condominium Ownership Act shall be included as the subject of this Agreement. 2. The Association hereby appoints the Manager as the exclusive man- aging agent, and the Manager hereby accepts appointment as exclusive managing agent of the condominium known as Country Club Villas, County of Weld, State of Colorado, hereinafter called the "condominium". 3. The Manager shall have the responsibility for the operation and man- agement of the general common elements and shall confer with the Presi- dent of the Association in the performance of its duties. It is further understood and agreed that the duties of the Manager shall be confined to the general common areas. 4. The Manager shall hire in its own name the supervisor for the neces- sary and efficient discharge of its duties hereunder. Compensation for the services of such employee shall be the responsibility of the Manager. Those employees of the Manager who handle or are responsible for the handling of the Association's monies shall, without expense to the Asso- ciation, be bonded by a fidelity bond. 5. The Manager shall perform the following services: (a) On the basis of an operating schedule, job standards and wage rates customary for the Greeley, Colorado metropolitan area, hire, pay, supervise and discharge the personnel and contract labor necessary to be employed in order to properly maintain and operate the condominium. Compensation for the services for such employees shall be an operating expense of the Association. If such employees are employed full or part time by the Manager, the Manager shall be entitled to be reimbursed for its costs and expenses for the services of such employees, including employer contributory taxes. (b) To purchase and maintain for the Association the necessary tools, supplies and equipment for its operation. (c) Maintain businesslike relations with members whose service requests shall, to the extent appropriate, be received and considered. Complaints of a serious nature shall, after thorough investigation, be reported to the Association with appropriate recommendations. As part of a continuing program, secure full performance by the members of all items and maintenance for which they are responsible. (d) Collect all assessments due from members. The Association hereby authorizes the Manager to request, demand, collect, receive and receipt for any and all charges which may at any time be or become due to the Association and to take such action in the name of the Association by way of legal process or otherwise as may be required for the collec- tion of delinquent assessments. As a standard practice, the Manager shall furnish the Association with an itemized list of all delinquent accounts immediately following the last day of•each month. (e) Cause the general common elements of the condominium to be maintained according to reasonably acceptable standards, including but not limited to exterior painting and decorating, plumbing, carpentry and such other normal maintenance and repair work as may be necessary. (f) Take such action as may be necessary to comply promptly with any and all orders or requirements affecting the premises placed thereon by any federal, state, county or municipal authority having jurisdiction thereover, and orders of the Board of Fire Underwriters or other similar bodies. The Manager, however, shall not take any action under this paragraph (f) so long as the Association is contesting, or has affirmed its intention to contest, any such order or requirement. -2- ,.'" r1 . The Manager shall promptly, and in no event later than 72 hours from the time of their receipt, notify the Association in writing of all such orders and notices of requirements. (g) Make contracts for water, electricity, gas and other neces- sary services, and place orders for such equipment, tools, appliances, materials and supplies as are necessary to maintain the condominium. All such contracts and orders shall be made in the name of the Associa- tion. (h) Accomplish those delegable duties for the Board of Directors which are as set forth in the Condominium Declaration for Country Club Villas and the By-Laws of the Association. (i) The Manager shall promptly investigate and make a full written report as to all accidents or claims for damage relating to the management, operation and maintenance of the condominium, including any damage or destruction to the condominium, estimated cost of re- pair, and shall cooperate and make any and all reports required by any insurance company in connection therewith. (j) From funds collected and deposited to a special account, cause to be disbursed regularly and punctually all amounts due for salaries or other compensation due and payable to employees, fire and other property insurance premiums, and sums otherwise due and pay- able as operating expenses, including the Manager's compensation. (k) Working in conjunction with an accountant, prepare for execu- tion and filing by the Association all forms, reports and returns required by law in connection with unemployment insurance, workmen's compen- sation insurance, disability benefits, Social Security and other similar taxes now in effect or hereafter imposed, and also requirements relating to the employment of personnel. (I) Maintain a system of office records, books and accounts, which records shall be subject to examination by the Association or its authorized agents at all reasonable hours. As a standard practice, the Manager shall render to the Association by not later than the twentieth day following each calendar quarter a statement of receipts and dis- bursements as of the end of the last calendar quarter. (m) At least thirty (30) days prior to the commencement of each fiscal year, prepare an operating budget setting forth an itemized state- ment of the anticipated receipts and disbursements for the new fiscal year based upon the then current schedule of monthly assessments, and taking into account the general condition of the condominium which shall be submitted to the Association. The budget shall serve as a supporting document for the schedule of monthly assessments proposed for the new fiscal year. It shall also constitute a major control under which the Manager shall operate. The provisions set forth in this paragraph are subject to the right of the Declarant named in the Condominium Declara- tion to establish the operating budget until all of the condominium units in this project have been sold. (n) It shall be the duty of the Manager at all times during the term of the Agreement to operate and maintain the condominium according to the highest standards achievable. The Manager shall see that all mem- bers are informed with respect to such rules, regulations and notices as may be promulgated by the Association from time to time. The Manager shall be expected to perform such other acts as are reasonable, necessary and proper in the discharge of its duties under this Agreement. -3- 6. Everything done by the Manager under the provisions of paragraph 5 shall be done as Manager of the Association, and all obligations or ex- penses incurred thereunder, including stationery, records, supplies, postage, office equipment, telephone, clerical and stenographer's part time or full time salaries, employer contributory taxes, professional fees and other such costs and expenses attributable thereto, shall be for the account, on behalf and at the expense of the Association, except that the Association shall not be obligated to pay the overhead expenses of the Manager's office. The Manager shall not be obligated to make any advance to or for the account of the Association or to pay any sum, except out of funds held or provided as aforesaid, nor shall the Manager be obliged to incur any liability or obligation for the account of the Association without assurance that the necessary funds for the discharge thereof will be provided. 7. The Manager shall establish and maintain, in a bank or banks whose deposits are insured by the Federal Deposit Insurance Corporation and in a manner to indicate the custodial nature thereof, separate bank account(s) as Manager of the Association for the deposit of the monies of the Associa- tion, with authority to draw thereon for any payments to be made by the Manager to discharge any liabilities or obligations incurred pursuant to this Agreement, and for the payment of the Manager's compensation. 8. The Manager shall maintain a separate file record for each condo- minium unit, which file shall be identified by unit designation and the owner's name, wherein there shall be permanently filed a true copy of that owner's Deed, the Registered Address, Proxy and Notice of Mort- gagee, if any, together with all other appropriate records and memo- randa relating to that unit or the owner thereof. Reference is made to the provisions of paragraph 23 of the Condominium Declaration For Country Club Villas. The service fee therein provided shall be paid to the Manager. 9. It is understood that actual operating experience of this condomin- ium is necessary before all operations are relatively routine and well established and that some matters, including the recurring problems of budgeting and financial control, will be continuing even during the period of mature operations. 10. The compensation which the Manager shall be entitled to receive for services performed under this Agreement shall be a fee computed and payable monthly in an amount equivalent to Ten Dollars per condo- minium unit; provided, however, that such compensation per condomin- ium unit shall commence subsequent to the initial sale and transfer of each condominium unit. Commencing on January 1, 1973 and on each January 1 of each year thereafter, during the term hereof or any exten- sions, the per unit fee shall be subject to decrease or increase based upon the official Consumer Price Index published by the Bureau of Labor Statistics, United States Department of Labor (hereinafter, for brevity, referred to as Price Index). For this purpose, the Price Index for June, 1971, shall equal 100, and the per unit fee provided herein shall be equated thereto from which any decrease or increase shall be based as follows. The differential between the Price Index for June, 1971, and the Price Index for December, 1972, shall determine the first decrease or increase, if any, for the following year. Such comparison shall be for the last month of each year to establish any decrease or increase for the year following. In the event this Price Index shall be discontinued by the Bureau of Labor Statistics or the publication thereof should be delayed so as to prevent use thereof, there shall be substituted therefor by the then President of the Greeley Board of Realtors, such other Price Index or method of arriving thereat. -4- • 11. Notwithstanding any other provisions to the contrary contained here- in, this Agreement may be terminated by the Manager and the Association by mutual agreement in writing; provided that the members of the Associa- tion at a Special or Annual Meeting, approve such mutual agreement. If this Agreement is so terminated the Manager and the Association, by its President, shall execute in recordable form a memorandum of such ter- mination which shall contain a recital of approval by the members; and such recorded instrument shall be conclusive evidence of the facts there- in contained. 12. The Manger may direct and place with persons or entities with which it is affiliated such service requests such as, but not limited to, hazard and other insurance, and to receive therefrom compensation as agent or broker. Such placement of business shall not be considered to be a con- flict in interest. 13, This Agreement shall have a term of five years commencing from the date of the first conveyance of the first condominium unit by the De- clarant; provided, however, that the term shall expire no later than on September 1, 1976; provided, further, that the Manager shall have five successive options to extend this Agreement £or•an additional term of five years for each such option on the same terms and provisions con- tained in this Agreement, said options to be exercised by giving to the Association written notice thereof on or before June 1, 1976 (to exercise the first such option) and on or before June 1 in the year in which the extended term would have expired. 14. This Agreement shall inure to the benefit of and constitute a binding obligation upon the contracting parties. This Agreement shall constitute the entire Agreement between the contracting parties, and no variance or modification thereof shall be valid and enforceable, except by supple- mental agreement in writing, executed and approved in the same manner as this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTRY CLUB VILLAS ASSOCIATION (SEAL) ATTEST: By /s/ G. K. Ward G. K. Ward, President /s/ Hazel L. Ward Hazel L. Ward, Secretary EXECUTIVE MANAGEMENT CORPORATION (SEAL) ATTEST: By /s/ Philip C. Drake Philip C. Drake, Vice President /s/ Hazel L. Ward Hazel L. Ward, Secretary -5- STATE OF COLORADO ) ss City and County of Denver ) The foregoing Management Agreement was acknowledged before me this 21st day of May , 1971, by G. K. Ward as Presi- dent and Hazel L. Ward as Secretary of Country Club Villas Association. Witness my hand and official seal. My Commission expires: August 5, 1974 /s/ Chris J. Allison Notary Public STATE OF COLORADO ) ss City and County of Denver ) The foregoing Management Agreement was acknowledged before me this 21st day of May , 1971, by Philip C. Drake as Vice President and Hazel L. Ward as Secretary of Executive Management Corporation. Witness my hand and official seal. My Commission expires: August 5, 1974 /s/ Chris J. Allison Notary Public -6- • • 710570 2 Large Maps Located in Original File Amended Replat of Tract "A" County Club Estates 1st Filing Not Scanned Hello