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HomeMy WebLinkAbout94- Declaration for the Martel Financial Center Condominiums ".' , 'f , , '. . / ," . n _ __ .. .' . ~. .. . swnINIWOCINO:J H3~N3:J ~VI:JNVNI~ ~3~HVW aq=l- .20} ;, NOI~VHYI:J3a '... , "7~ I, " .,. tt . . - "- , -. , ~:_~-,.) ~ I ., " , '~._' . . -. i . ! ~-'- i ( . I . , ; INDEX Certificate of Name . . . . . . . . . . . . . . . . . . . . . 1i Certificate of Floor Plan . . . . . . . . . . . . -. . . . . . 1i:1 DECLARATION FOR THE MARTEL FINANCIAL CENTER CONDOMINIUMS. Definitions . . . . . . . . . . . . . . . . . . . . . . . 1 Real Estate . . . . . . . . . . . . . . . . . . . . . . . 3 Easement, Common Elements -- Interior Remodeling . . . . . 4 Ownership and Voting -- Exhibits -- Use . . . . . . . . . 5 l; The Association . . . . . . . . . . . . . . . . . . . . . 8 .. Declarants' Rights to Change . . . . . . . . . . . . . . 11 i, Amendment 11 J>, . . . . . . . . . . . . . . . . . . . . . . . Changes, Repairs and Liens . . . . . . . . . . . . . . . 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . 14 [, Removal or Partition -- Subdivision . . . . . . . . . . 18 Remedies . . . . . . . . . . . . . . . . . . . . . . . . 19 Severability . . . . . . . . . . . . . . . . . . . . . . 19 Miscellaneous . . . . . . . . . . . . . . . . . . . . . 19 i / . . . ~ . " CERTIFICATE OF NAME .The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within the County of Gallatin, herewith executes the following certificate relating to the MARTEL FINANCIAL CENTER CONDOMINIUMS situated as follows: "See Exhibit A attached" 1.) That the name the MARTEL FINANCIAL CENTER CONDOMINIUMS is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision within Gallatin County, and 2. ) All taxes and assessments due and payable for the said MARTEL FINANCIAL CENTER CONDOMINIUMS have been paid to date. Dated: ,il? Ii ( l..- I g , 1994. (71k_z:z~ (). ~",{ . County Assessor " ii .. ..:....._,..,.._...~,,~ ,. -~.'~' , . C:"'~ ; . <-, I I CERTIFICATE OF FLOOR PLAN The undersigned, being a duly registered professional architect in the State of Montana, herewith certifies the following: That the floor plans for the MARTEL FINANCIAL CENTER CONDOMINIUMS s~tuated according to the official plat thereof on file and of record in the office of the COunty Clerk and Recorder of Gallatin County, Montana, as duly filed with the Declaration and Bylaws thereof, fully and accurately depict the layout, location, unit designation and dimensions as built of the MARTEL FINANCIAL CENTER CONDOMINIUMS and that such floor plans are an accurate copy of the plans filed with and approved by the officials and officers of the City of Bozeman having jurisdiction to issue building permits. Such floor plans render hand representation of the .pctual building. Date~: y:!tp/C// /5, 1994. Hz /!( . " ., Registered ~fessional Architect Number: f ~r I iii .. -~ '~ . , . I I , , , DECLARATION FOR THE MARTEL FINANCIAL CENTER CONDOMINIUMS THIS DECLARATION is hereby made and entered into this 13th day of April, 1994, by Roy R. Woods and George O. Thorson, trustee of the George o. Thorson Family Trust d/b/a Thorwood Partnership (hereinafter referred to as the "declarant"), whereby lands and property hereinafter described are submitted and subject to the Montana Unit Ownership Act pursuant to Chapter 23, Title 70, MCA 1993, as amended. The property subject to this Declaration shall be known as the MARTEL FINANCIAL CENTER CONDOMINIUMS (hereinafter referred to as the "condominium"). The address of the condominiums are the MARTEL FINANCIAL CENTER CONDOMINIUMS, 220 West Lamme, Bozeman, " Montana, 59715, (North Building) and 215 West Mendenhall, Bozeman, 'Montana, 59715, (South Building). . I. DEFINITIONS . ., Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof: , 1.) Aggregate Voting: shall mean the entire number of votes or persons present or available to vote in person or by proxy in a particular circumstance. 2.) Association or Association of Unit Owners: means all of the Unit Owners acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3.) Board or Board of Directors: shall mean the Board of - Directors of the Association as more particularly defined in the Bylaws. 4.) Building: means the building(s) containing the condominium units. 5.) Bylaws: means the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act. 6.) Common Elements: means both general common elements and limited common elements. a.) General Common Elements: includes all those elements which are for the use of all owners, tenants, ,lessees, their employees, business invitees, customers, clients and guests of owners of the condominium. Specifically included are: grounds and lawns surrounding the buildings, driveways, sidewalks, curbs, 1 I . . . -. I gutters, exterior lighting, exterior sprinkler systems, (the utility charges associated with the exterior lighting and exterior sprinkler system shall be a general common expense although it is metered to only the North building) access ways, parking lot, paths and walkways, electrical, gas, telephone, water and sewer lines and connections serving both of the units, landscaping, plants and other materials and improvements separate from and outside of the buildings containing the units, and other elements necessary for the safety, maintenance and existence of the condominium in which each Unit Owner shall have his designated percentage of interest, as set forth in paragraph IV below. b. ) Limited Common Elements: as used in this Declaration shall mean the land on which the buildings ~ are situated and those common elements which are reserved for the use of fewer than all of the owners " and guests of owners of the condominium. Specifically, as to any given Unit Owner or Owners, limited common i elements shall mean the following common elements which '0, are located within or affixed to the building containing his unit in which the elements are located or situated on the real property known as the condominium. "I Public utility lines, water, sewer, electrical, gas, cable television lines and hot and cold water pipes (all such utility pipes and lines are limited common elements where they service only one unit, where they service both units they shall be general common elements) . Each unit shall have a one-hundred percent (100%) interest in the limited common elements serving that unit. 7.) Common expenses: means expenses of administration, maintenance, repair or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, and expenses declared common by the Unit Ownership Act. 8.) Declaration: means this document and all parts attached thereto or incorporated by reference. 9.) Limited Expenses: means the expenses attributable to the maintenance, repair and replacement of limited common elements. 10.) Manager: means the manager, the Board of Directors, management corporation or any other person or group of persons retained or appointed by the Board, or by the Association of Unit Owners for the purpose of conducting the day-to-day operations of the condominium. 2 . . I I . . . 11.) Property: means the land, building, improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. l2.) Recording Officer: means the county officer charged with the duty of filing and recording the deeds, mortgages and all other instruments and documents relating to this Declaration and the property to which it is subject. 13.) Unit: shall be the separate condominium units of the condominium and is a parcel of real property including and containing one or more rooms occupying one or more floors or a part or parts thereof, intended for any type of independent use, and with a direct exit to a street or highway or to common elements leading to a ~ street or highway. ~ there are two buildings making up to 'l4.) Unit Designation: two condominium units of the Martel Financial Center - Condominiums and are hereby designated North Building . and South Building. 15.) Unit Owner and Owner: means all the person or persons having an ownership interest in a unit in fee simple absolute individually or as co-owners in any ownership !,I form recognized under the laws of the State of Montana, in one or more units of the condominium. 16.) Unit Ownership Act: means and refers to the Unit Ownership Act of the State of Montana, Chapter 23, Section 70-23-101, MCA (1993) et seq. II. REAL ESTATE 1.) Description The real property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described as follows: (See Exhibit A attached) The condominium units consist of two (2) separate units described as the North Building and the South Building. The provisions of this Declaration and the Bylaws shall be construed to be covenants running with the land and shall include every unit and shall be binding upon the unit owners, their heirs, personal representatives, successors and assigns for as long as th~s Condominium Declaration and Bylaws are in effect. 3 I , . , , 2. ) Condominium Units Each Unit, together with the appurtenant undivided interest in the common elements of the condominium shall together comprise one condominium unit, shall be inseparable, and may be conveyed, leased, rented, devised or encumbered as a condominium as a fee simple interest in a parcel of real estate. 3. ) Encroachments If any portion of the general common elements or limited common elements encroaches upon a Unit or Units, a valid easement for the encroachment and for the maintenance of the same, so long as it stands, shall and does exist. If any portion of the Unit encroaches upon the general common elements, or limited common elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the ~ame, so long as it stands, shall and does exist. Such encroachments and easements shall not be considered or determined to be encumbrances either on the general common elements, the limited common elements, or on the Units for the purpose of " marketability of title. In the event the building or any portion -;0, thereof is destroyed and then rebuilt, the Owners of the Unit or Units agree that minor encroachments of parts of the general common or limited common elements because of such construction shall be permitted and that an easement for such encroachment and the maintenance and repair of the same shall exist. , 4.) Building-s The Units comprising the condominium consist of two (2) buildings. See Exhibit B attached. 5. ) Unit Boundaries Each unit shall include the entire building containing the unit, including the exterior walls, roof, foundation and cement slab. 6. ) Construction Materials The principal materials of construction of the Units are concrete for the foundations, footings, slabs and basement, wood for the framing, structural and finish work, sheetrock, plywood and wood paneling for the interior, carpet, wood or tile for the floors, concrete, aggregate or brick siding for exterior wall surfaces, and composition material on the roof of the building. III. EASEMENT. COMMON ELEMENT--INTERIOR REMODELING 1.) Common Element Easements A nonexclusive right of ingress and egress and support through the general common elements are subject to such rights. 4 , , . , 2. ) Easement for Utilities Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment including air handling ducts, hot and cold water lines, waste water lines and vents and other utility and mechanical lines, pipes or equipment. These lines, where they serve only one unit shall be an appurtenance to such unit, but where they serve more than one unit shall be part of the common elements - either limited or general depending upon how many units are being served thereby as defined in Paragraph I, 6. Such items shall be so installed and maintained that they shall not unreasonably interfere with the use of the unit air space by the owners of the same and shall wherever possible be located in any space available between the actual ceiling and a dropped ceiling or within a wall. A non-exclusive easement shall exist through, over and across each unit for inspection, installation, main~enance, replacement and repair of such utility lines and mechanical equipment for the use of all of the unit owners or the unit owners being serviced by the air space being penetrated by such lines and/or equipment to a minimum, ingress and egress for " the purpose of such inspection, installation, maintenance, ", replacement or repair of such easement rights shall only be done under the direction and approval and with the authority of the Owners Association and/or the Manager unless an emergency exists in which event any action may reasonably be taken which is justified under the circumstances to minimize damage which would otherwise occur as a consequence of such emergency. 3. ) Remodeling Each Unit Owner shall have the exclusive right to paint, remodel, repaint, tile, wax, paper, carpet, brick or otherwise maintain, refinish and decorate the surfaces of the walls, ceilings, floors, windows and doors bounding his own Unit, and the exterior thereof. IV. OWNERSHIP AND VOTING - EXHIBITS - USE 1. ) Percentage of Interest Each Unit Owner shall be entitled to the exclusive ownership, use and possession of his Unit and the percentage of the interest of each Unit Owner in the common elements as set forth below. Each Unit Owner shall have a percentage of undivided interest in the general common elements of the condominiums. Such percentage represents the Unit Owner's ownership interest in the general common elements, the Unit OWner's liability for common expenses, and the voting interest of the Unit Owner in all matters concerning the Association of Unit Owners. A unit's square footage shall be calculated by measuring each floor, including basement area, contained within the building. The percentage of interest in the general common elements for the respective owners shall be computed by taking 5 . . ,.... "":.. . . , '. the square footage of each Unit at the date of filing this Declaration and dividing it by the then combined square footage of both the units having an interest in the general common elements of the condominium. Such percentage of interest owned by each of the Units in the condominium shall be according to the percentages set forth below: SQUARE P!RCEkTAC& or l~T tmIT lfO. ~ IIf CEIfERAL CCil'lt1OIf !L!I'1!1fTS l\lfD \lOT life III CHT5 North Building 29,549 67% South Building 14,718 33% 2.) Floor Plans and Exhibits The condominium consists of the property as described above, and a total of two (2) separate Condominium units as shown on the floor plans. For identification and descriptive purposes , ' the ~ollowing Exhibits are attached and by reference hereto incorporated into and made a part of this Declaration: : Exhibit B: showing the inside face of . exterior wall floor plans and elevations for each of the Units of the condominium, the area of each, the dimensions and the designation for each Unit. Exhibit C: showing the site plan of the condominium and the location of the buildings containing the Condominium Units on the Property. 3. ) Jl.s..e. The owner of each unit shall occupy and use his unit as a commercial unit. a.) No part of the property shall be used for other than commercial purposes provided that in no event shall any part of the property be used as a grammar, elementary or high school or music studio. Nothing contained herein shall prevent the Owner of a Unit from renting or leasing their Unit or portions of their Unit to third parties for commercial purposes not inconsistent with these documents. b. ) There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without the prior consent of the Association. Each Owner shall be obligated to maintain and keep in good order and repair his own unit. c. ) Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of 6 .. , . . . .- insurance on the building or contents thereof applicable for commercial use, without the prior written consent of the Association. No owner shall permit anything to be done or kept in his Unit or in the common elements which will result in the cancellation of insurance on the building, or contents thereof, or which would be in violation of any law. No waste will be permitted in the common elements. d. ) Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on the outside walls of a building and no sign, awning, canopy, radio antenna, television antenna, or satellite dish shall be affixed to or placed upon the exterior walls or roof of any part thereof, without the prior written consent of the Association. This provision shall not effect or prohibit the continued use of the .t existing satellite dish located on the roof of the South building. 1. e.) No nuisances shall be allowed upon the property nor shall any use of practice be allowed which is a source of annoyance to owners of the Condominium or which interferes with the peaceful possession and proper use of the property by its owners. No immoral, improper, offensive or unlawful use shall be made of the property nor any part thereof and all valid laws, ! zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed. No long term storage of old vehicles or maintenance work on vehicles shall occur in the parking lot. This shall not prohibit routine chip repairs to windshields. f. ) Nothing shall be altered or constructed in or removed from the common elements, except as is otherwise provided herein. g.) No rabbits, livestock, poultry or other animals of any kind shall be raised, bred, or kept in any Unit. h. ) Nothing shall be altered or constructed in or removed from the common elements, except upon the written consent of the Association. 4.) Exclusive Ownership Each Owner or Owners shall be entitled to exclusive ownership and possession of their Unit. Each Unit Owner shall be solely responsible for the costs, expenses and taxes associated . solely with their building or unit, including without limit, the repa~r, maintenance and replacement of all structural, heating, , cooling, electrical and plumbing components of their building. Such Owners may use the general and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do 7 , . . , , . not hinder or encroach upon the lawful rights of other Unit Owners. V. THE ASSOCIATION 1.) Membership Any Owner of a Unit in the condominium shall automatically, upon becoming the Owner of said Unit, be a member of the MARTEL FINANCIAL CENTER CONDOMINIUMS OWNERS ASSOCIATION, INC., hereinafter referred to as the Association, and shall remain a member of said Association until such time his membership in said Association shall automatically cease. The membership shall be limited to Unit Owners as defined in this Declaration. 2.) Function ~ It shall be the function of the Association to: ~~ 'i " a.) Adopt Bylaws for the governance of the Association. b.) Make provisions for the general management and/or repairs and maintenance of the general common elements of the Condominium. I ' c.) Levy assessments as provided for in the Declaration, Bylaws and Unit Ownership Act. d.) Adopt and implement a policy for the affairs of the Condominium. e.) Enter into contracts to hire personnel for the management of the affairs of the Association and the maintenance and repair of the common areas. 3.) ~ On all matters, unless excluded by this Declaration, to be decided by the Association, each Unit OWner shall have a vote equal to his percentage of interest in the general common elements. An owner of a condominium Unit, upon becoming an Owner, shall be a member of the Association and remain a member for the period of his unit ownership. Except as otherwise provided in the Unit Ownership Act, this Declaration or the Bylaws, a majority of the aggregate interest present at any meeting or by proxy shall be sufficient to act on matters brought before the Association and shall constitute a quorum. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association Bylaws. 8 , . , , 4. ) Failure to Comply Each owner shall comply strictly with the provisions of this Declaration, the Bylaws of the Association and the rules, regulations, decisions and resolutions of the Association adopted pursuant thereto as the same may be lawfully 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 reimbursement of all costs, including attorney fees incurred in connection therewith, which action shall be maintainable by the Manager in the name of the Association, on behalf of the owner or by an aggrieved owner where there has been a failure of the Association to bring such action within a reasonable time. 5. ) Payment of Assessments ,. When due: All assessments shall be due ten (10) days from the date of mailing such assessment following the meeting at which time assessments are levied by the Association and may be payable in installments, monthly or quarterly, at the option of the Board. The amount of the common expenses assessed against each condominium Unit and the amount of limited expenses assessed against each condominium Unit shall be the personal and individual debt of the owner thereof. No owner may exempt himself from liability for this contribution toward the common expenses and the limited expenses by waiver of the use of enjoyment of any of the general common elements or limited common elements or by abandonment of his Unit. All assessments which are not paid within thirty (30) days from the date they are due and payable become delinquent and are subject to interest and penalty charges. The Association or Manager shall have the responsibility of taking prompt action to collect any unpaid assessment which becomes delinquent. In the event of delinquency in the payment of the assessment, the Unit Owner shall be obligated to pay interest at the rate to be determined by the Board on the amount of the assessment from the due date thereof, together with such late charges as provided in the Bylaws of the Association. Suit to recover a money judgment for unpaid common expenses and limited expenses may be maintainable without foreclosing or waiving the lien securing the same. a. ) Common expenses and common profits, if any, and limited common expenses of the Condominium shall be distributed among, and charged to the Unit Owners according to the percentage of interest of each in the common elements. b. ) Except as otherwise limited in this Declaration, each Unit Owner shall have the right to use the common elements for all purposes incident to the use of and occupancy of the unit, and such other incidental uses permitted by this Declaration, which rights shall be appurtenant to and run with the whole unit. 9 , 6. ) Levying Assessments - When Made - Purposes The Association of Unit Owners shall levy assessments upon the Unit Owners in the following manner and for the following reasons: a. ) Assessments shall be made a part of the regular, annual business meeting of the Association as provided in the Bylaws of the Association or assessments can be made for special purposes at any other regular or special meeting thereof. All assessments shall be fixed by resolution of the Board of Directors. Notice of the assessment, whether regular or special, the amount thereof, and the purpose for which it is made, including an annual budget for expenditures and operation, for regular annual assessments, shall be served on all Unit Owners affected, by delivering a ,1 copy of the same to the Owner personally or by mailing a copy of the notice to the said Owners at their it addresses of record at least ten (10) days prior to the date for such meeting. I ~ b. ) Assessments shall be made for the repair, replacement, insurance, general maintenance, management and administration of common elements, fees, costs and expenses of the manager, taxes for common areas if any, and assessment for the Unit Owner's percentage share of t any Special Improvement District Assessments. Assessments shall be based upon and computed by using the percentage of interest that each Unit Owner has in relation to the common elements. c.) Assessments may also be made for the payment of repair, maintenance or replacement expenses for limited common elements. The entire cost of such repairs, maintenance or replacement shall be borne by the Unit served by the limited common elements. . d. ) Assessments may also be made for any purpose contemplated by this Declaration and for any purpose set out in the Montana Unit Ownership Act. e. ) Common expenses and profits, if any, of the Condominium shall be distributed among and charged to, the Unit Owners according to the percentage of undivided interest of each in the common elements. f.) In a voluntary conveyance of a Unit, the Grantee' of the Unit shall be jointly and severally liable with the Grantor for all unpaid assessments by the Association against the latter for his share of the common expenses up to the time of the grant or conveyance, without prejudice to the Grantee's right to recover from the Grantor the amounts paid by the Grantee therefore. However, any such Grantee shall be 10 , . entitled to a statement from the Manager or Board of Directors of the Association, as the case may be, setting forth the amount of said unpaid assessments against the Grantor due the Association and such Grantee shall not be liable for, nor shall the Unit conveyed be subject to a lien for, any unpaid assessments made by the Association against the Grantor in excess of the amount therein set forth. g. ) At the time the Association holds its first meeting, a reserve account shall be set up to which initial assessments shall then be deposited. 7. ) The Declarant hereby appoints Roy R. Woods, George O. Thorson and Lyn Bienvenue as the initial Board of Directors to serve until the first annual meeting of the Association at which time a new board will be elected. ~ 8.) The Association shall be responsible for maintaining the general common elements on the premises at the present and historical standard and in the condition as presently exists. In .- the event the Association fails to maintain such standard or ~ condition, a Unit Owner may give written notice of such failure to maintain a standard or condition. The Association, through the board, shall have 30 days from the date of receipt of such notice in which to cure such failure to maintain a standard or condition. In the event the Association fails to cure the standard or condition within the 30 day period the Unit Owner giving such notice shall have the right to cure such standard or condition on their own, and the Association shall be obligated to reimburse such Unit Owner for all such costs. The foregoing notwithstanding, the Association shall not be obligated to maintain a standard or condition above what presently exist. In the event a Unit Owner cures a standard or condition and the finished product raises the standard or condition above its present existing level, the Unit Owner making such cure shall be responsible for all costs in excess of the cost to bring the standard or condition to its present level. VI. DECLARANT'S RIGHT TO CHANGE The declarant, Thorwood Partnership, reserves the right to change the interior design and arrangement of both Units, so long as the declarant owns the Unit so altered. No such change shall increase the number of Units or alter the boundary of the general common elements without an amendment of this Declaration. VII. AMENDMENT Amendment of this Declaration shall be made in the following manner: 11 , , ','" At any regular or special meeting of the Association of Unit Owners such amendment may be proposed as a resolution by any Unit Owner, or the Board or Manager. Upon adoption of the resolution by vote of 100\ of the Unit Owners the amendment shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof, together with 8 copy of the amendment to be furnished to each owner no later than thirty (30) days in advance of such meeting. At such meeting, the amendment shall be approved upon receiving the favorable note of one-hundred percent (100%) of the Unit Owners. If so approved, it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's Office of Gallatin County, Montana. Notwithstanding the procedure set forth above, the Declarant may amend this Declaration, or any other project document, prior to any sale or lease of a Unit or interest thereof. " VIII. CHANGES. REPAIRS AND LIENS ~. l. ) Alterations by Unit Owners Association The Units may be changed by the owner. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except by amendment to this Declaration or as provided by the terms of this Declaration. In addition to compliance with the provisions of Paragraph VII above, such an amendment must further set forth and contain plans to the Units concerned showing the Units after the change in boundaries, and attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the owners of the Units concerned; as well as those owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interest acquired in the Units or common elements by such change. The amendment shall also be approved by the Board of Directors of the Association and signed and acknowledged by all lienors and mortgagees of the Units concerned as well as the Landowner. 2.) Maintenance by Owners Association The Association shall maintain and keep in repair the common areas and the fixtures thereof. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Unit Owner. The Association shall do no act nor any work that will impair the structural soundness or integrity of the buildings or impair any easement. The Association shall also keep all common areas appurtenant to the Units in a clean and sanitary condition. No 12 . , , , acts or alteration, repairing or remodeling by the Association shall impair in any way the structural integrity of the general common elements or the Units. 3. ) Exterior Alterations No Owner may change, alter or remodel the exterior of his Unit without the prior written approval of the Board of Directors of the Association. 4. ) Exterior Maintenance The Association shal1 take all necessary steps, including, but not limited to care of shrubs and plants, snow removal and replacement or repair of all broken or worn parts located in the general common areas. The Board of Directors of the Association shall annually inspect the common areas and proceed with any necessary maintenance or repairs. Failure by the Board of Directors of the Association to make annual inspections and/or proceed with any necessary maintenance shall give the Unit Owner and any mortgagee or beneficiary of any trust t". indenture the right to order such work done and bill the Association therefor after notice to the Association of such intent by the said lienholder and giving the Association a reasonable time to perform such work. Any lienholder or representative of the same and the Unit Owner, upon written request, shall have the right to join in the annual inspection made by the Board of Directors and suggest needed repairs and maintenance necessary to preserve the security value of the condominium project. 5. ) Liens for Alterations Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit 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 or against the general common elements or limited common elements for construction performed or for labor, materials, services or other products incorporated in the Owner's Unit at such Owner's request. 6. ) Liens and Foreclosures All sums assessed but unpa~d for the share of general common expenses chargeable to either condominium Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first or second mortgage or a first or second trust indenture of record or contract ~or deed, including all unpaid obligatory sums as may be provided by such encumbrance. To 13 , . evidence such lien, the Manager shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest and late charges thereon, the name of the Owner of the Condominium Unit and a description of the Condominium Unit. Such notice shall be signed and verified by one of the officers of the Association or by the Manager, or his authorized agent, and shall be recorded in the office of the Clerk and Recorder of Gallatin County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Condominium Unit by the Association in the manner provided in the Unit Ownership Act and as provided by the foreclosure of a mortgage on real property upon the recording of a notice of claim thereof. In any such foreclosure the Unit Owner shall be required to pay a reasonable rental for the Unit and the Plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosure or waiving the lien securing the same. In any such proceeding the Owner may be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional s."., costs, expenses and attorney's fees incurred. 7 . ) Bidding at Foreclosure The Board of Directors of the Association on behalf of the other Unit Owners, the owner of the real property and other Unit Owners shall have the power to bid on the Condominium unit at a foreclosure or other legal sale and to acquire and hold, lease, mortgage and vote the votes appurtenant to, conveyor otherwise deal with the same as did the former owner. Any lienholder holding a lien on a Condominium Unit may pay, but shall not be required to pay, any unpaid general common expenses, or limited common expenses payable with respect to any such Unit, and upon such payment such lienholder shall have a lien on said Unit for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice or claim of such lien. 8. ) Unpaid Assessments - Mortoagee Where a lienholder or other purchaser of a Unit obtains title to the Unit as a result of foreclosure of the first mortgage or trust indenture, such acquirer of title, his successors and assigns, shall ,be liable for the share of common expenses or assessments by the Association chargeable to such Unit which became due prior to the acquisition of title to such Unit by such acquirer. IX. INSURANCE 1. ) All insurance policies upon the condominium general common elements shall be purchased by the Association and shall 14 . . ,-..-' be issued by an insurance company authorized to do business in Montana. a. ) Named Insured - Personal Property: The named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policies shall provide that payments for losses thereunder by the insurer shall be paid to the insurance Trustee hereinafter designated, and all policies and endorsements thereon shall be deposited with the insurance Trustee. Unit Owners may obtain insurance coverage at their own expense upon their own personal property and for their personal liability and living expense. b. ) Copies to Mortgagees and Landowners: One copy of each insurance policy and of all endorsements thereon J shall be furnished by the Association to each mortgagee of a Unit Owner on request. 1 2 ~ ) Coverao-e j '. a.) Casualty: All general common elements upon the land shall be insured to any amount equal to the full insurable replacement value and all personal property included in the common elements shall be fully insured, with all such insurance to be based on current t replacement value, as determined annually by the Board, the Landowner, the insurer and any first lienholders or their representatives, but subject to such deductible clauses as are required in order to obtain coverage at reasonable costs, and which coverage shall be increased by the Board as may be necessary to provide that the insurance proceeds will be sufficient to cover replacement, repairs or reconstruction. Such coverage shall afford protection against: (1) Loss or damage by fire and other hazards covered by a standard extended coverage endorsement; and (2 ) Specifically such other risks including flood and earthquake loss as from time to time shall customarily be covered with respect to buildings similar in construction, location and use as the building on the land; and . (3) Errors or Omissions Insurance for the Directors, Officers and Managers if the Association so desires, in amounts to be determined by the Board. The policies shall state whether the following items are included within the coverage in order that the Unit Owners may insure themselves if the items are not insured by the 15 .r'......., , Association: air-handling equipment for space cooling and heating, service equipment such as dishwasher, disposal, refrigerator, stove, oven, whether or not such items are built-in equipment, interior fixtures such as electrical and plumbing fixtures, floor coverings, inside paint and other inside wall finishings. b. ) Public Liability: In such amounts and with such coverage as shall be required by the Board of Directors of the Association, including, but not limited to, hired automobile and non-owned automobile coverage, if applicable, and with cross-liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. c. ) Other Insurance: Such other insurance as the Board of Directors of the Association shall determine 1 from time to time to be desirable and as may be. required by the Federal and State laws. 1 i , 3. ) Premiums J; ; Premiums upon insurance policies purchased by the Association shall be paid by the Association as a common expense, except that the amount of increase in the premium occasioned by use for other than a commercial use, misuse, occupancy or abandonment of a Unit or its appurtenances or of the common elements by a Unit Owner shall be assessed against the Owner. Not less than ten (10) days prior to the date when a premium is due, evidence of such payment shall be furnished by the Association to each lienholder listed in the roster of lienholders. 4. ) Insurance Trustee All insurance policies purchased by the Association shall be for the benefit of the Association and the Unit Owners and their mortgagees as their interests may appear, and shall provide that all proceeds covering property losses shall be paid to such bank in Montana with trust powers as may be designated as insurance trustee by the Board of Directors of the Association, which trustee is herein referred to as the insurance trustee. The insurance trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any insurance proceeds. The duty of the insurance trustee shall be to receive such proceeds as are paid and hold the same in trust for the purposes elsewhere stated in this instrument and for the benefit of the Unit Owners, their mortgagees and the Landowners. 5.) Distribution of Proceeds Proceeds of insurance policies received by the insurance trustee shall be distributed to or for the benefit of the beneficial owners in the following manner: 16 , . . " a. ) Miscellaneous: Expenses of administration, insurance trustee and construction or remodeling supervision shall be considered as part of the cost of construction, replacement or repair. b. ) Reconstruction or Repair: Any balance remaining shall be used for reconstruction and repair as hereafter provided. 6. ) Association as Agent The Association is irrevocably appointed agent for each Unit Owner and for each Owner of a mortgage or other lien upon a unit and for each Owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. t 7.) Benefit to Mortoagees ." ; Certain provisions in this paragraph entitled i, "Insurance" are for the benefit of mortgagees or trust indenture ~, beneficiaries of leasehold condominium parcels, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary. ! 8. ) Reconstruction a.) If a Unit or Units are found by the Board of Directors to be not tenantable after the casualty, the damaged property may be reconstructed or rebuilt, or if not then the property shall be subject to the applicable provisions of the Unit Ownership Act. b. ) Plans and Specifications: Any reconstruction or repair must be substantially in accordance with the plans for specifications for the original improvements, or if not, then according to plans and specifications approved by not less than one-hundred percent (lOOt) of the Unit Owners including the OWners of all Units the plans for which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, more particularly set forth in Paragraph VII and Paragraph VIII, subparagraph 1, hereinabove. c. ) Responsibility: The responsibility for reconstruction or repair after casualty shall be the Owners Association who shall work with the insurance trustee to carry out the provisions of this Article. 17 . d. ) Assessments: If the proceeds of insurance are not sufficient to defray the estimated costs of reconstruction or repair for which the Association is responsible, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against all Unit Owners in sufficient amounts to provide funds to the payment of such costs. Such assessments shall be in proportion to the Owner's percentage of interest in the general common elements. e. ) Construction Funds: The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by the insurance trustee and funds collected by the Association from assessments against Unit Owners, shall t be disbursed in the sound discretion of the trustee and according to the contract of reconstruction or repair, .. which contract must have the approval of the Board of the Unit Owners involved and the Landowner. f ~. f. ) Surplus: It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which ,~.:; the fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. x. REMOVAL OR PARTITION - SUBDIVISION The Condominium may only be removed from condominium ownership, and may only be partitioned or sold, upon compliance with each of the conditions hereof: 1.) The Board of Directors of the Association must approve the plans of removal, partition or sale, including the details of how any partition or sale, and the distribution of property or funds shall be accomplished. 2.) The plan of removal, partition, subdivision, abandonment, or termination must be approved as provided in the Montana Unit Ownership Act. If approval for any of the foregoing is not required by the Unit Ownership Act, then approval shall be required from at least one-hundred percent (100%) of the OWners . or first lienholders in the Condominium project and Landowner of the real property on which the condominium is situated. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, subdivision, abandonment, termination or sale. 18 . . . 3. ) A Unit may be divided or subdivided into a smaller Unit or Units, and any portion thereof sold or otherwise transferred, upon the prior written consent of the Board of Directors. The pending sales of the North Building and South Building by the Declarant are exempted from this requirement of authorization from the Board. 4. ) The common elements of the Condominium shall not be abandoned, partitioned, subdivided, encumbered, or sold or transferred without compliance with all of the above requirements. XI. REMEDIES All remedies provided for in this Declaration and Bylaws shall not be exclusive of any other remedies which may now be, ~r are hereafter, available to the parties hereto as provided for by l~w. , ' XII. SEVERABILITY ~. The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of anyone or more provision shall not affect the validity or enforceability of any other provision hereof. XIII. MISCELLANEOUS 1. ) Utility Easements In addition to the easement provided for in paragraph III, 2 above, easements are reserved through the condominium property as may be required for utility service ducts - including water, sewer, power, telephone, natural gas and cable television, in order to serve the condominiums adequately. 2.) Parking Easement Subject to the two (2) reserved parking spaces for the Department of Justice tenant located adjacent to the North Building, there shall be a mutual easement for parking for the Unit Owners, tenants, lessees and their employees, guests, business invitees, customers, clients and service and maintenance vendors in the parking lots located on the common elements of the Condominium. 3.) Right of Access The Association shall have the irrevocable right, to be exercised by the Manager, to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the limited common elements therein or accessible therefrom or for making emergency 19 r- ~' . . I ; repairs therein necessary for the maintenance, repair or replacement of any of the limited common elements therein necessary to prevent damage to the general or limited common elements or to either Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair or replacement of any of the general or limited common elements or as a result of an emergency repair within the instance of the Association shall be designated either limited or general common expenses by the Association and assessed accordance with such designation. 4. ) Expenditures No single expenditure or debt in excess of $1,000.00 may be made on incurred by the Association or Manager without the prior approval of a majority of the Unit Owners. t: .. 5. ) Benefit .' Except as otherwise provided herein, this Declaration ", shall be binding upon and shall inure to the benefit of the Declarant, the Association and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. 6. ) Service of Process The name and address of the person to receive service of process for the Condominium until another designation is filed of record shall be: Janice K. Whetstone, Kirwan & Barrett, P.C., P.O. Box 1348, 215 W. Mendenhall, Bozeman, MT 59715 7. ) A first lienholder, upon request, will be entitled to written notification from the Association of any default in the performance by an individual Unit Owner of any obligation under the condominium documents which is not cured within sixty (60) days. 8.) First lienholders shall have the right to examine the books and records of the Owners Association and any Manager for the condominium project. 9. ) The Declarant expressly makes no warranties or representations concerning the property, the units, the Declaration, the Bylaws or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed therein. Estimates of common expenses are deemed accurate, but no warranty or guarantee is made or is intended, nor may one be relied upon. . 20 , . ",' . IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Section 70-23-101, et seq., MCA (1993). MARTEL FINANCIAL CENTER CONDOMINIUMS BY: &01~~d Partnership Declarant BY: George O. Thorson, trustee of the George O~ Thorson Family Trust d/b/a Thorwood Partnership Declarant 1 STATE OF MONTANA ) . .. : ss. l County of Gallatin ) ... IJ../Iri On this day of April, 1994, before me, a Notary Public in and for the State of Montana, personally appeared Roy R. Woods, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first ~bove written. ~I{~ N ary Public for the State of Montana (SEA'L) Residing at: ~ My commission pires: q k 719r STATE OF HAWAII ) :ss. County of ) On this day of , 1994, before me, a notary public in and for said State, personally appeared George O. Thorson, Trustee of the George O. .Thorson Family Trust,. known to me to be the person who subscribed this document, and acknowledged to me the execution of this document. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. Notary Public for the State of Hawaii ( 5 E A L ) Residing at: My commission expires: 23 .. : , , ;~;. : IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Section 70-23-101, et seg., MCA (1993). MARTEL FINANCIAL CENTER CONDOMINIUMS BY: Roy partnership BY: the George Thorwood t ) STATE OF MONTANA j : ss. . .: County of Gallatin ) '" On this day of April, 1994, before me, a Notary Public in and for the State of Montana~ personally appeared Roy R. Woods, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above written. Notary Public for the State of Montana ( SEA L ) Residing at: My commission expires: STATE OF HAWAII ) :ss. County of ~P1 ) On this 13 t:i day of ~ , 1994, before me, a notary publiC in and for said State, personally appeared George o. Thorson, Trustee of the George O. Thorson Family Trust, known to me to be the person who subscribed this document, and acknowledged to me the execution of this document. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date first above writt . N ry ublic for the State of Hawaii ( SEA L ) Residing at: K..//AU~, qvM My commission expires: - J..f) '1 (e, 23 "h ...;. ,: , ' , , ) . . " , . EXHIBIT "A" The North and South Buildings of the Martel Financial Center Condominiums, situated in the North 75 feet of Lots 1, 2 and 3, all of Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, l4, 15, 16, l7 and the South half of Lots 18, 19 and 20 in Block RC" of Tracy's Second Add! t!on to Bozeman, Gallatin County, Montana. Together with that certain vacated alley lying adjacent to said lots as vacated by Ordinance No. 981 of the City of Bozeman, recorded February 3, 1977 in Film 35, Page 2635 and by Ordinance No. 1216 of the City of Bozeman, recorded September 24, 1986 in Film 93, Page 4869. (Deed Reference Film 129, Page 3787) Together with a sixty-seven (67%) percent undivided interest in the common elements of the Condominium appertaining to the t North Building, and a thirty-three ( 33%) percent undi vided ',~ interest in the common elements of the Condominium appertaining to the South Building, the Declaration for which . was recorded on , 1994, in Film , page .~ . 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