HomeMy WebLinkAbout94- Declaration for Rosewood II Condominium
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DECLARATION FOR ROSEWOOD-II CONDOMINIUM
By this Declaration made this __.2.,...J...~ day of July, 1994 by
DANIEL H. ROSENGREN of Bozeman, Montana, lands properly
hereinafter described are submitted to the provisions of the Unit
Ownership Act, M.C.A. Section 70-23-101 et seq.
The property subject to this Declaration shall be known as
the Rosewood-II Condominium. The address of the condominium is:
507 and 509 North 19th Avenue
Bozeman, Montana 59715
I. Definitions
Unless the context expressly provides otherwise, the follow-
ing definitions shall pertain throughout this Declaration and in
the interpretation thereof: I
1. ~regate Voting: shall mean the entire number of votes
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 act"ing as a group" and--In ..- accordance with duly
adopted By-Laws and this Declaration.
3. Board of Directors: shall mean the Board of Directors
of the association as more particularly defined in the By-Laws.
4. !?ui!-ding: means a multiple unit building comprising a
part of the property.
5. !?'y_-Law~: means the By-Laws promulgated by the associa-
tion under this Declaration and the Unit Ownership Act.
6. Common Elements: means both general and common elements
and limited common elements.
a. General Common Elements: include all those
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elements which are for the use of all residents and guests of
residents of Rosewood-I Condominium. Specifically included are:
exterior wall surfaces and other elements necessary for the
safety, maintenance and existence of the condominium and in which
each Unit Owner shall have his designated percentage of interest.
b. Limi ted Common Elements: as used in this
Declaration shall mean those common elements which are reserved
for the use of fewer than all of the residents and guests of the
Rosewood-II Condominium. Specifically, a$ to any given unit
owner or owners, limited common elements shall mean the following
common elements which are located within, affixed to the building
containing the unit in which these elements are located, or upon
the real property known as Rosewood-II Condominium. Each unit
shall be entitled to the use of one garage unit and the driveway
leading up to said garage unit, the designation and use of which
such garage unit shall be restricted to the owner of a specific
uni t as shall be determined by the Board of Directors of the
Association of Unit Owners. Each owner shall be entitled to the
use of the walkways and grounds surrounding their unit as shown
on attached Exhibi.t "A". Flues, chimneys, ducts, cables,
conduits, public utility lines, wa"ter, 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 all units they shall be
general common elements), balconies, entrances, patios, porches,
decks, storage sheds, and fixtures or other portions of the
buildings servicing only a particular unit or less than all of
the units, including but not limited to fences which divide the
patios between the units and the dividers between the front doors
of the units. The percentage of the units in the limited common
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elements shall be computed by determining the number of units
that have use of the limited common elements and taking the value
of each such unit and dividing it by the value of the unit or all
such units making use of the particular limited common element.
Such values shall be the same as the values used to compute the
percentage of interest of the unit owners in the general common
elements and shall be the value of the units at the date of
filing this Declaration and which are set forth in the
Declaration.
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 Sec. 70-23-612 M.C.A. , of the Unit
Ownership Act of the State of Montana as amended.
8. Declaration: means this document ahd 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 and which are expenses for owners of units within the
building for which expenses are accrued.
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 of the Association of Unit
Owners for the purpose of conducting the day-to-day operations of
the Rosewood-II Condominium.
1I. Property: means all the land, buildings, improvements
and structures thereon and all easements, rights and
appurtenances belonging thereto, which are herewith submitted to
the Unit Ownership Act of Montana.
12. Record 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
Rosewood-II 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 a common area or areas leading to a street or highway.
14. Unit Designation: is the combination of letters,
numbers and words which identify the designated units.
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15. Unit Owner or Owner: means the person or persons
owning a fee simple absolute, or one who is a co-owner in any
real estate tenancy relationship that is recognized under the
laws of the State of Montana in one or more units of the
Rosewood-II Condominium.
II. Real Estate
1. Description: The real property which is by this
Declaration submitted to the Montana Unit Ownership Act is
described as:
Lot 13 in Block 1 of West Park Manor Firs.t
Addition, a subdivision of the City of
Bozeman Montana in the NE\NE\- of Section 11,
Township 2 South, Range 5 East, M.P.M.,
Gallatin County, Montana, according to the
official plat thereof on file and of record
in the office of the County Clerk and
Recorder of Gallatin County, Montana.
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The condominium units consist of two ( 2 ) separate units,
numbered "I" and 11211. The provisions of this Declaration and the
By-Laws shall be construed to be covenants running with the land
including every unit and shall be binding upon the unit's owner,
their heirs, successors, personal representatives and assigns as
long as this condominium Declaration and By-Laws are in effect.
2. Condominium Units: Each unit, together with the
appurtenant undivided interest in the common elements of the
Rosewood-II Condominium shall together comprise a condominium
unit, shall be inseparable, and may be conveyed, leased, rented,
devised or encumbered as a condominium unit as a fee simple
interest in a parcel of real property.
3. Encroachments: If any portion of the general or limited
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 a 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 same, 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 purpose of marketability of title. In the event
that the multi-family structure is partially or totally
destroyed, and then rebuilt, the owners of the unit or units
agree that minor encroachment of parts of the general or limited
common areas due to construction shall be permitted and that
valid easement for said encroachment and the maintenance thereof
shall exist.
4. Buildings: The units comprising the condominium are
contained in one ( 1 ) building. The building contains two ( 2 )
floors including a ground floor and one upper floor.
5. Unit Boundaries: Each unit shall include the part of
the building containing the unit that lies within the boundaries
of the unit, which boundaries are as follows:
a. Upper and Lower Boundaries: The upper and lower
boundaries of the unit shall be the following boundaries extended
to an intersection with the perimetrical boundaries:
( I ) Upper Boundary: The plane of the lower surface
of the ceiling on the second floor.
(2 ) Lower Boundary: The plane of the upper surface
of the wooden floor of the first floor. 0
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b. Perimetrical Boundaries: The perimetrical
boundaries of the unit shall be the following boundaries extended
to an intersection with the upper and lower boundaries.
( 1 ) Exterior Building Walls: The intersecting
vertical planes adjacent to the inside of the interior sheathing
or wall covering of the outside walls bounding the unit.
( 2 ) Interior Building Walls: The intersecting
vertical planes adjacent to the inside of the interior sheathing
or wall covering of the walls between the units extended to the
intersections with other perimetrical boundaries.
c. Finished and Unfinished Surfaces: The owners of
the respective units shall not be deemed to own the undecorated
and/or unfinished surfaces of the perimeter walls, floors and
ceiling surrounding this respective unit, nor shall said owner be
deemed to own pipes, wires, conduits or other public utility
lines running through said respective units which are utilized
for, or serve more than one ( I ) unit, except as tenants in common
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with the other unit owners as heretofore provided. Said owner,
however, shall be deemed to own the walls and partitions which
are contained in said owner's respective unit, and also shall be
deemed to own the interior decorated and/or finished surfaces of
the perimeter walls, floors and ceilings, including plaster,
paint, wallpaper, and etc.
6. Construction Materials: The principal material of
construction of the units are concrete for the foundations,
footings, slabs and wood for the framing, structural and finish
work, sheetrock, plywood and wood paneling for the interior,
carpet, wood or tile for the floors, and wood for exterior wall
surfaces and shingles and tar on the roof of the building.
III. Easement, Common Element - Interior Remodeling
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l. Common Element Easements: A non-exclusive right of
ingress and egress and support through the general common
elements is appurtenant to each unit and all general common
elements are subject to such rights.
2. Interior Remodeling: Each unit owner shall have the
exclusive right to paint, repaint, tile, wallpaper, panel,
carpet, brick or otherwise maintain, refinish and decorate the
interior surfaces of the walls, ceilings, floors, windows and
doors bounding his own unit, and the interior thereof so long as
such owner does not affect the structural integrity of the
building in which his unit is located.
IV. Ownership and Voting - Exhibits - Use
l. 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 the undivided interest in the general common
elements of the Rosewood-II Condominium. Such percentage
represents his ownership interest in the general common elements,
his liability for common expenses, and the voting interest of the
unit owner or owners in all matters concerning the Association of
Unit Owners. The percentage of interest in the general common
elements for the respective owners shall be computed by taking
the value of each unit at the date of filing this Declaration and
divide it by the then combined value of all of the units having
an interest in the general common elements of the condominium.
Such percentage of interest and values for each of the units in
the condominium shall be according to the percentages set forth
below: ,
Percentage of interest in
Unit # Value General Common Elements
I $99,000 50%
2 $99,000 50%
2. Floor Plans and Exhibits: The condominium consists of
the real property described above, and a total of two ( 2 )
separate condominium units as shown on the floor plans. For
identification and descriptive purposes the following exhibits
are attached and by reference hereto incorporated into and made a
part of this Declaration.
Exhibit A. Showing the site plan of the condominium and the
location of the building containing the condominium units on the
property.
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Exhibit B. Showing the floor plan of the upper and lower
levels of units I and 2 of the condominium, the area of each, the
approximate dimensions and the designation of units I and 2.
3. Use: The units and common elements shall be occupied
and used as follows:
a. No part of the property shall be used for other than
residential purposes. Each family unit shall be used as a
residence for a single family and for no other purpose, except
that an owner may use a portion of his unit for an office or
studio provided that the activities therein shall not interfere
with the quiet enjoyment or comfort of any other owner or
occupant and provided further that in no event shall any part of
the property be used as a school or music studio. Nothing
contained herein shall prevent an owner of a unit from renting or
leasing their unit to third parties for :rlesidential purposes.
However, the respective units shall not be rented by the owners
thereof for transient or hotel purposes, which shall be defined
as a rental for any period less than 30 days; or any rental if
the occupants of the unit are provided customary hotel services,
such as room service for food and beverage, maid service,
furnishing laundry and linen and bell boy services. Other than
the foregoing obligations, the owners of the respective units
shall have the absolute right to lease the same provided that
said lease is made subject to the covenants and restrictions
contained in this Declaration and further subject to the By-Laws
and regulatory agreement attached hereto.
b. There shall be no obstruction of the common elements
nor shall anything be stored in or on the common elements without
prior consent of the association. Each owner shall be obligated
to maintain and keep in good order and repair his own family
unit.
c, Nothing shall be done or kept in any unit or in the
common elements which will increase the rate of insurance of the
buildings, or contents thereof applicable for residential 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 signs, awning, canopy, radio or
television antenna shall be affixed to 'or placed upon the
exterior walls or roof or any part theredf without the prior
written consent of the association.
e. No rabbits, livestock, poultry or other animals of
any kind shall be raised, bred or kept in any unit, except that
dogs, cats or other household pets may be kept in units, subject
to rules and regulations adopted by the association, provided
that they are not kept, bred, or maintained for any commercial
purpose.
f. No nuisances shall be allowed upon the property nor
shall any use or practice be allowed which is a source of
annoyance to residents of the condominium or which interferes
with the residents of the condominium or which interferes with
the peaceful
possession and proper use of the property by its residents. 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.
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g. Nothing shall be done in any family unit or in, on
or to the common elements which will impair the structural
integrity of the building or which would structurally change the
building, except as is otherwise provided herein.
h. No industry, business, trade, occupation or
profession of any kind, commercial, religious, education or
otherwise shall be conducted, maintained or permitted on any part
of the property, nor shall any "for sale" or "for rent" signs or
other window displays or advertising be maintained or permitted
on any part of the property or in any unit therein, except that
declarant and its agents reserve the right to place "for sale"
and "for rent" signs on any unsold or unoccupied uni t s , and the
right is hereby given to any mortgagee or trust indenture
beneficiary who may become the owner of any unit, to place such
sign on any unit owned by such mortgagee or beneficiary.
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i. Nothing shall be altered or constructed in or
removed from the common elements, except upon the written consent
of the association.
4. Service of Process: The name of the person to receive
service of process for the Rosewood-II Condominium until another
designation is filed of record shall be Daniel H. Rosengren, 104
South 20th, Bozeman, Montana 59715.
5. Exclusive Ownership: Each owner or owners shall be
entitled to exclusive ownership and possession of their unit.
Such owners may use the general and limited common elements in
accordance with the purposes for which they are intended and as
they may not otherwise agree between themselves, so long as they
do not hinder or encroach upon the lawful rights of other unit
owners.
v. The Association
l. Membership: An owner of a unit in the Rosewood-II
Condominium shall automatically, upon becoming the owner of said
unit, be a member of Rosewood-II Condominium Unit Owners
Association, hereinafter referred to as the Association, and
shall remain a member of said Association until such time as his
ownership ceases for any reason, at which 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:
a. Adopt By-Laws for the governance of the
Association; I
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b. Make provisions for the general management of the
condominium;
c. Levy assessments as provided for in this
Declaration, the By-Laws and the 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 mai.ntenance and repair of the common areas.
3. vote: 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, One
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hundred percent (100%) of the aggregate interest in the
association is required to act on matters brought before the
Association, with the exception of collection of delinquent
assessments. Meetings of the Association shall only be conducted
when a quorum is present, as defined in the Association By-Laws.
4. Failure to Comply: Each owner shall strictly comply
with the provisions of this Declaration, the By-Laws 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's 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 failute of the Association
to bring such action within a reasonable time.
5. Payment of Assessments - When Due: All assessments
shall be due three (3 ) days from the date of mailing of such
assessment following the meeting at which time assessments are
levied by the Association and may be payable in monthly or
quarterly installments annually 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 or 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 a 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 By-Laws of the Association. Suit to recover a money judgment
for unpaid common expenses and limited expenses shall 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 of the common elements. I
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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 for the
respective unit as a residence, and such other incidental uses
permitted by this Declaration, which rights shall be ,appurtenant
to and run with the unit.
6. Unpaid Assessments: All sums assessed by the
Association but unpaid for the share of the common expenses
chargeable to any unit shall constitute a lien on such unit prior
to all the liens except only: ( I ) tax liens on the unit in
favor of any assessing mortgage of record. Such lien may be
foreclosed by suit, by the manager or Board of Directors, acting
on behalf of the owners of the units, in like manner as a
mortgage of real property. In any such foreclosure, the unit
owner shall be required to pay a reasonable rental for the unit,
if so provided in the By-Laws, and the appointment of a receiver
to collect the same. The manager or Board of Directors, acting
on behalf of the owners of the units, shall have power, unless
prohibited herein, to bid in the unit at the foreclosure sale,
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and to acquire and hold, lease, mortgage, and convey the same.
Suit to recover a money judgment for unpaid common expenses shall
be maintainable without foreclosing or waiving the lien securing
the same.
7. Unpaid Assessments - Mortgagee: Where the mortgagee of
a first mortgage of record or other purchaser of a unit obtains
title to the unit as a result of foreclosure of the first
mortgage, such acquirer of title, his successors and assigns,
shall not 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. Such unpaid share of common expenses or assessments
shall be deemed to be common expenses collectible from all of the
units including such acquirer, his successors and assigns.
8. Levying Assessments - When Maide - Purpose: 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 as a part of the regular
annual business meeting of the Association as provided in the By-
Laws 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,
effected by mailing a copy of the notice to said owners at their
address of record at least ten (10) days prior to the date for
such meeting.
b. Assessments shall be made for the repair,
insurance, replacement, general maintenance, management and
administration of common elements, fees, costs and expenses of
the manager, taxes for common areas, if any, and assessments for
the unit owner's percentage share of 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
limited common element expenses such that the unit owners are
chargeable only for the expenses relating to their respective
units or building. Unit owners shall share in the payment for
limited expenses for the repair, maintenance and replacement of
limited common elements of their respective units in accordance
with the percentage the condominium unit dr units have in the
limited common element for which the assessment is being made.
If only one unit is associated with the limited common elements
involved, then the entire cost of such repair, maintenance or
replacement shall be borne by that unit,
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 rights to
recover from the grantor the amounts paid by the grantee
therefor. However, any such grantee shall be entitled to a
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statement from the manager or Board of Directors of the
Association, as the case may be, setting forth the amount of the
unpaid assessments against the grantor due the Association and
such grantee shall not be liable for, nor shall the unit conveyed
be subj ect 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 and which assessment shall be a sum that
is equal to two times the monthly assessment fee for that year
mul tiplied by the number of units in the condominium proj ect.
Said amount shall be divided equally among all unit owners. If
the declarant still holds title to one or more units, he shall
pay the amount assessed against each and every unit so owned.
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VI. Declarants' Right to Change
The declarant reserves the right to change the interior
design and arrangement of all units, so long as the declarant
owns the units 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:
At any regular or special meeting of the Association of Unit
Owners such amendment may be proposed as a resolution by any unit
owner. Upon adoption of the resolution by a majority vote of
those present the amendment shall be made subject for
consideration at the next succeeding meeting of the Association
with notice thereof, together with a copy of the amendment to be
furnished to each owner no later than thirty days in advance of
such meeting. At such meeting, the amendment shall be approved
upon receiving the favorable vote of one hundred percent (100%)
of the uni t owners. I f 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.
VIII. Changes, Repairs and Liens
1. Alterations by Unit Owners: The interior plan of a unit
may be changed by its owner with the exception of the bearing
walls which may not be moved. No units may be subdivided. No
change in the boundaries of units shall' encroach upon the
boundaries of the common elements except by amendment to this
Declaration. Boundary walls must be equal in quality of design
and construction to the existing boundary walls. A change in the
boundaries between units shall be set forth in an amendment to
this Declaration. In addition to compliance with the provisions
of Paragraph VII above, such 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 interests acquired in the
uni ts 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.
2. Maintenance by Unit Owner: An owner shall maintain and
keep in repair the interior of his own unit and the fixtures
thereof. All fixtures, utility lines and equipment installed in
the unit commencing at a point where the utilities enter the unit
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shall be maintained and kept in repair 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. An owner shall also keep all areas and limited common
elements appurtenant to his unit in a clean and sanitary
condition. The right of each owner to repair, alter and remodel
is coupled with the obligation to replace any finishing or other
materials removed with similar types or kinds of material. No
acts of alteration, repairing or remode 1 ing by any unit owner
shall impair in any way the structural integrity of the units
adjoining owners or the structural integrity of limited common
elements or general common elements.
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.
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4. Exterior Maintenance by Homeowners' Association: The
Homeowners' Association shall take all necessary steps including
but not limited to, painting, lawn care, roo f , repairs, cement
repairs, snow removal and replacement or repair of all broken or
worn parts, to ensure that the building does not unnecessarily
deteriorate. The Board of Directors of the Homeowners'
Association shall annually inspect the building and proceed with
any necessary maintenance or repairs. Failure by the Board of
Directors of the Homeowners' Association to make the annual
inspection and/or proceed with any necessary maintenance shall
give any first mortgagee the right to order such work done and
bill the Homeowners' Association therefor. Any first mortgagee
or representative of the same, 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 of 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 for Assessments: All sums assessed but unpaid for
the share of general common expenses and limited common expenses
chargeable to any condominium unit shall constitute a lien on
such unit superior to all other liens and lencumbrances, except
only for tax and special assessment liens on the unit in favor of
any assessing authority, and all sums unpaid on a first mortgage
or a first indenture of record, including all unpaid obligatory
sums as may be provided by such encumbrance. To 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 like manner as a mortgage on real
property upon the recording of a notice or claim thereof. 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 costs, expenses
and attorney's fees incurred.
10
7. Foreclosure: The Association shall have the power to
bid on the condominium unit at foreclosure or other legal sale
and to acquire and hold lease, mortgage and vote the votes
appurtenant to, convey or otherwise deal with the same. Any
encumberer 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 encumberer 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. Insurance:
a. All insurance policies upon the condominium property
shall be purchased by the Association and shall be issued by an
insurance company authorized to do business ~n Montana.
( 1 ) 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.
( 2 ) Copies to Mortgagees: One copy of each insur-
ance policy and of all endorsements thereon shall be furnished by
the Association to each mortgagee of a unit owner on request.
b. Coverage:
( 1 ) Casualty: All buildings and improvements upon
the land shall be insured to an amount equal to not less than one
hundred percent (100%) of the insurable value, based on current
replacement costs, and all personal property included in the
common elements shall be insured for its value, all as determined
annually by the Board of Directors of the Association, the
insurer and the first mortgagee or representative of the same,
but subject to such deductible clauses as are required in order
to obtain coverage at reasonable costs. Such coverage shall
afford protection against:
(a) Loss or damage by fire and other hazards
covered by a standard extended coverage endorsement, and
(b) Such other risks a$ from time to time
shall be customarily covered with respect to buildings similar in
construction, location and use as the buildings on the land.
The policies shall state whether the following items are
included within the coverage in order that unit owners may insure
themselves if the items are not insured by the Association: air-
handling equipment for space cooling and heating; service
equipment, such as dishwasher, disposal, laundry, 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 furnishings.
(2 ) 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.
( 3 ) Other Insurance: Such other insurance
including errors and omissions insurance on behalf of the Board
11
of Directors of the Homeowners' Association, as the Board of
Directors of the Association shall determine from time to time to
be desirable and as may be required by Federal and State laws.
c. Premiums: 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 residence, misuse,
occupancy, or abandonment of a unit or its appurtenances or of
the common elements by a unit owner shall be assessed against
that 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 mortgagee listed on the roster of
mortgagees.
d. Insurance Trustee: All insurance policies
purchased by the Association shall be fort 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
wi th 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 the
instrument and for the benefit of the unit owners and their
mortgagees in the following shares, but which shares need to be
set forth in the records of the insurance trustee.
(1) Unit Owners: An undivided share for each unit
owner, such share being the same as the individual share in the
common elements appurtenant to his unit.
(2) Mortgagees: In the event a mortgagee
endorsement has been issued as to a unit, the share of the unit
owners shall be held in trust for the mortgagee and the unit
owner as their interests may appear, provided, however, that no
mortgagee shall have any right to determine or participate in the
determination as to whether or not any damaged property shall be
reconstructed or repaired, and no mortgagee shall have any right
to apply or have applied to the reduction of a mortgage debt any
insurance proceeds except distributions thereof made to a unit
owner and mortgagee pursuant to the provisions of this
Declaration.
e. Distribution of Proceeds: Proceeds of insurance
pOlicies received by the insurance trustee Ishall be distributed
to or for the benefit of the beneficial owners in the following
manner:
(1) Miscellaneous Expenses: Miscellaneous
expenses of administration, insurance trustee and construction or
remodeling supervision shall be considered as part of the cost of
reconstruction or repair.
( 2 ) Reconstruction or Repair: I f the damage for
which the proceeds are paid is to be repaired or reconstructed by
the Association, the remaining proceeds shall be paid to defray
the cost thereof as elsewhere provided. Any proceeds remaining
after defraying such costs shall be distributed to the beneficial
owners, remittances to unit owners and their mortgagees being
payable jointly to them.
(3) Certificate: In making distribution to unit
owners and their mortgagees, the insurance trustee may rely upon
a certificate of the Association made by its representative or
manager as to the names of the unit owners and their respective
12
shares of the distribution.
f. Association as Aqent: 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.
g. Benefit to Mortgagees: Certain provisions in this
paragraph entitled "Insurance" are for the benefit of mortgagees
of condominium parcels, and all such provisions are covenants for
the benefit of any mortgagee of a unit and may be enforced by
such mortgagee.
h. The Owners' Association shall1notify the holder of
any first lien on any of the units of the occurrence of any loss
in excess of $10,000 within thirty (30) days of such loss.
9. Reconstruction:
a. Repair after Casual ty: I f any part of the
condominium property shall be damaged by casualty, whether or not
it shall be reconstructed or repaired, shall be determined in the
following manner:
(1) Lesser Damage: If a unit or units are found
by the Board of Directors of the Association to be tenantable
after the casualty, the damaged property shall be repaired.
(2) If a unit or units are found by the Board of
Directors to be not tenantable after the casualty, the damaged
property will be reconstructed or rebuilt, or if not then, the
property shall be subject to the applicable provisions of the
Unit Ownership Act.
(3) In the event the Owner's Association elects
not to rebuild as herein provided and set forth in {70-23-803
M. C. A., the insurance proceeds shall be used to satisfy any
outstanding liens or encumbrances on the property.
(4) Certificate: The insurance trustee may rely
upon a certificate of the Association made by its Chairman,
President or Manager to determine whether or not the damaged
property is to be reconstructed or rebuilt,
b. Plans and Specifications: Any reconstruction or
repair must be substantially in accordancel with the plans and
specifications for the original improvements, or if not, then
according to plans and specifications approved by not less than
one hundred percent (100%) 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 hereinabove.
c. Responsibility: The responsibility for
reconstruction or repair after casualty shall be the same as for
maintenance and repair in the condominium property.
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, assessment shall be made against
all unit owners in sufficient amounts to provide funds for the
13
payment of such costs. Such assessment 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 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.
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 la 11 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.
IX. Removal or Partition - Subdivision
The Rosewood-II Condominium may only be removed from
condominium ownership and may only be partitioned, subdivided,
abandoned, terminated, or sold upon compliance with each of the
conditions hereof.
1. The Board of Directors of the Association must approve
the plan of removal, partition, subdivision, abandonment,
terminations, 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, termination, or sale must be approved as provided in
the Montana Unit Ownership Act. If approval for any of the
foregoing is not required by the Montana Unit Ownership Act, then
approval shall be required from at least one hundred percent
(100%) of the homeowners or first mortgagees in the condominium
project. Upon obtaining such approval, the Board of the
Association shall be empowered to implement and carry out the
plan of removal, partition, subdivision, abandonment, termination
or sale.
3. No unit may be divided or subdivided into a smaller
unit, nor any portion thereof sold or otherwise transferred
except as provided above.
I
4. This section shall not apply to the sale of individual
condominium units and shall not be considered as a right of first
refusal.
5. The common elements of the condominium shall not be
abandoned, partitioned, subdivided, encumbered, sold or
transferred without compliance with all of the above
requirements.
X. Interpretation
The provisions of this Declaration and of the By-Laws to be
promulgated and recorded herewith, shall be liberally construed
to effectuate the purposes of this Declaration and By-Laws and to
create a building or buildings subject to and under the
provisions of the Unit Ownership Act.
XI. Remedies
All remedies provided for in this Declaration and By-Laws
shall not be exclusive of any other remedies which may now be, or
14
- -------------
.
are hereafter, available to the parties hereto as provided for by
law.
XII. Severability
The provisions hereof shall be deemed independent and
severable and the invalidity or partial invalidity or unenforce-
ability of any one or more provisions shall not affect the
validity or enforceability of any other provision hereof.
XIII. Miscellaneous
I. Utility and Structural Easements: Easements are
reserved through the condominium property as may be required for
utility services, including water, sewer, power, telephone,
natural gas and cable television, in order to serve the
condominium adequately, provided, however, sbch easements through
the property or through a unit shall be only according to the
plans and specifications for the unit building, as set forth in
the recorded plat, or as the building is constructed, unless
approved in writing by the unit owner.
Every portion of a family unit which contributes to the
structural support of the building shall be burdened with an
easement of structural support for the benefit of the common
elements.
2. 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 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 any uni t . 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
another unit at the instance of the Association shall be
designated either limited or general common expenses by the
Association and assessed in accordance with such designation.
3. Expenditures: No single expenditure or debt in excess
of $1,000.00 may be made or incurred by the Association or
Manager without the prior approval of one hundred percent (100%)
of the unit owners.
4. Benefit: Except as otherwise provided herein, this
Declaration shall be binding upon and shall I inure to the benefit
of the Declaration, the Association and each unit owner, and the
heirs, personal representatives, successors and assigns of each.
5. Warranties: The declarants expressly make no warranties
or representations concerning the property, the units, the
Declaration, By-Laws 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 nor is intended, nor may one be relied upon.
6. A first mortgagee, upon request, will be entitled to
written notification from the Owners 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.
7. First mortgagees shall have the right to examine the
books and records of the Owner's Association and any manager for
the condominium project.
15
-------- --- - - -- ----------
>
IN WITNESS WHEREOF, the declarant has caused this
Declaration to be made and executed according to the provisions
of the Montana Unit Ownership Act {70-23-101 et seq. as amended.
j~ II flu. I'<--
D&niel H. ROSengre~
STATE OF MONTANA )
: ss.
County of Gallatin )
On this y.J.L day of July, 1994, before me, a Notary Public
in and for said State, personally appeared DANIEL H. ROSENGREN,
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same. I
\HI:1H II, 'I ~~-~
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"-( ) u' Notary Publ cfor the State of Montana.
,~,,~: '\ ....'...,;..'i:...,~' 'IC~__,. Residing at Bozeman, Montana.
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,
16
. EXHIBIT A
ROSEWOOD II CONDOMINIUMS
LOT 13, BLOCK 1, WEST PARK MANOR FIRST ADDITION
LOCATED WITHIN THE NE 1/4, SEC, 11, T,2 S., R.5 E., P,M.M,
CITY OF BOZEMAN, GALLA TIN COUNTY, MONTANA
I I
+ +
I I I
I I ,Ix I
wi I 00\. 18
O"l I v I~
~I
I I I
I I 1
I I I I w
3:
I I I .
. 10
(() I S 89'23'03" W 116,64' !'1
...t- o
O"l If)
;<l- I ' ~ 0
0 0
0 I .<:>~
N ",c;<:>'\ ",i Z
VJ
I Z 1-- S ",;>'1.-'
I 0- 22,93'
~Z [
O::J II
I UI DEC~_._ I
I 01- t> l> ' W
~Z l>
I- I _w ;.-, ::J
z ~~ UNIT 2 0 Z
w :J~ 509 N, 19th Ave, N l.Ll
:::,;; I '" I> ' t>- >
llJ w
Vl I . I> '(> <(
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w w iIJ 0-1
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,..: - -I-'
"j: ~ I ... 2.97' ',' ui 0'\
r--. (> 1>' , r--.
I '1> .--l
:J UNIT 1 tJ.,
,-
F I zl-- 507 N. 19th Ave, F!=
::J 0.
D- O! . . t> I> Ct:
I :::,;;z [:_~-
0::J N [:1" 0
"0 I ul ' I> Z
,- N I>
1 al- a .0
~z C! 6.00 ~l
_W III 2-4.02'
I :::,;;:::;; 23,00' ~
-w
I .-l _J S.g;)-
w <'
<8 '8'
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I
I N 89'24'50" E 116,62' I
I I I
I I I
I I <\.- I
I I 00\. I
I I
'v ,
I
I
~EML1iQLr:.s......
-
1. ALL EXTERIOR WALLS AND WALLS BETWEEN UNITS ARE GENERAL
COMMON ELEMENTS.
2, BASIS OF BEARINGS: LINE BETWEEN mE NE CORNER, SEC. 11,
AND mE E1/16 CORNER OF THE NE1 /4 OF SEC, 11, BEING
S 00'52'35" W.
3, BENCHMARK: CITY OF BOZEMAN BENCHMARK (/260
ELEV. '" 4788.56
4" FIRST FLOOR TO CEILING DISTANCE = 8.02'
SECOND FLOOR TO CEILING DISTANCE'" 7.97'
5, 0 - INDICATES FOUND I" 0.0. PIPE
Prepared BY:
I I Rocky Mountain Engineers
0 10 20 40 1700 W, Koch St., #7, Bozeman, Montano, 59715
SCALE: 1 "= 20' (406) 586-4859
.
. EXHIBIT 8
ROSEWOOD II CONDOMINIUMS
0.50'
l
0.50' 23,04' 23.06' -- 0,50'
.
0,88'- -
i'1 UNIT 1 UNIT 2 0
~ OJ
N 2nd FLOOR AREA := 774 S.F, 2nd FLOOR AREA = 806 S.F. N
2nd FLR. ELEV. := 4787.24 2nd FLR. ELEV, = 4787.24
n (0
OJ OJ
OJ ~
n
I
14.95' 15,02'
I
2nd FLOOR PLAN
t
0,50'
DECK 0.50' DECK
I
0,50' ---- 23.04' 23.06' 0.50'
0.88'- '--
UNIT 1 UNIT 2
1 st FLOOR AREA = 629 S,F. r-. 1st FLOOR AREA = 629 S.F.
FIN. FLR, ELEV. = 4778.50 j-.... FIN. FLR, ELEV. = 4778.50
<D <D
<Xi <Xi
N N
I
I
-
n ;;)
to 18.06' 18.06' to
'---
I 0~54'
GARAGE GARAGE
AREA := 496 S,F, 0l in AREA = 431 S,F.
0 0 FLR, ELEV. = 4777.58
FLR. ELEV. = 4777.58 n ci
N N
0.29' 21.55' 21,52' 0.29'
0,37'
0.29' 1 st FLOOR PLAN
-~ Z$ .
SCALE: 1"= 10'
.
CERTIFICATE
The Undersigned being the duly authorized agent of the
Department of Revenue of the state of Montana with the County of
Gallatin, herewith executes the following certificate relating to
the "Rosewood-II Condominium" situated on Lot 13, Block 1 in West
Park Manor First Addition to the City of Bozeman, County of
Gallatin, state of Montana, to-wit:
1. That the name "Rosewood-II Condominium" 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 except
for the word "Condominium" , and
2. All taxes and assessments due and payable for the said
"Rosewood-II Condominium" have been paid to date.
DATED this ~ -+h day of July, 1994.
)tm d ~ (j) ill I/r) UX)-; / dJ f)("!;
ARLETTA C. DERLETH
. County Assessor
I
I
.
CERTIFICATE OF REGISTERED PROESSIONAL ENGINEER
STATE OF MONTANA )
: ss.
County of Gallatin )
RAY CENTER, being first duly sworn upon oath, deposes and
says:
1. That he is a Registered Professional Engineer and Land
Surveyor in the State of Montana, Montana Registration No, 5653-
ES.
2. That he has examined and inspected the floor plans and
layouts of Rosewood-II Condominium, as said plans and layouts are
depicted as Exhibits "A" and "B" to the Declaration for Rosewood-
II Condominium.
3. That he certifies and verifies that the floor plans
described above are an accurate copy of the plans filed with and
approved by the city and county officers having jurisdiction to
issue building permits and fully and accurately depict the layout
and floor plans of UQits 1 and 2 and of the buildings in which
the same are located. I
~'- --I k
Dated this ","".dij.:{. of July, 1994.
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:: "~ . ~,. r 3'- :: c') :: ng 1.neer an an urveyor,
::'.;'>~ 00,)' I~S ,.,-;,.:.:: R . t t' N 5653 ES
-::,'7:;"" j"-':.J ::: eg1.s ra 1.on o. -.
~:. :;~~I~". ~/' ; _~~,'~f!:~:..:
.-;.... '-/(""'.' C ISH\l,t.?" s-:-J~\~
subscribed;"';;;!;:~;';'<i;(~i\V~d~n to before me this 2J/... day of
July, 1994. 11111""'"
,''''''11, "~
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, '\ -(, 0 ,,';,
/.....;.,'.,.:rl'I.,~'~...~. \;;. Notary Pub State of Montana
. r,'/':-J" 1".... -~ Residing a Bozeman, Montana.
; ] f" ,-I "'j'\ \ 1 ~% My Commission Expires: I /-I;J- '17
- sv.> --- - .
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. ,
BYLAWS OF THE ASSOCIATION OF UNIT OWNERS
OF
ROSEWOOD-II CONDOMINIUM
1. purpose and Application:
These articles are and shall be the By-Laws of the Associa-
tion of Unit Owners ("Association") of the Rosewood-II
Condominium ( "Condomini urn" ) . These By-Laws shall, upon being
recorded with the Recorder of Gallatin County, Montana, govern
and control the administration of the Condominium. These By-Laws
are a part of the Declaration of the Condominium, which
Declaration is made a part hereof by reference. All unit owners,
their guests and any renters or sub-lessees I present and future,
shall have the rights and responsibilities described in these
By-Laws and shall be subject to the provisions hereof.
The acquisition of an ownership interest in a unit in the
Condominium signifies that the owner accepts, ratifies and agrees
to comply with these By-Laws.
2, ~embership:
.
Persons owning a'unit in the Condominium or owning a unit in
any real estate tenancy relationship recognized by the State of
Montana shall be a member of the Association. Membership begins
concurrently with the acquisition of an ownership interest and
terminates at the time such ownership interest is terminated.
Such termination shall not relieve any owner of liability for
obligations incurred while a member of the Association; further
membership in the Association does not in any way negate or
impair any owner's legal remedies, right to bring legal action,
or defenses to any and all actions involving the Association,
other unit owners, or the management which may arise from or be
incident of unit ownership.
3. Obligations. :
Each unit owner shall be obligated to comply with the By-
Laws, the Declaration and the laws of the City of Bozeman, County
of Gallatin, and State of Montana, Such obligations shall
include, but not be limited to, the paying of assessments by the
Association. Failure of any owner to abide by these By-Laws and
all rules made pursuant thereto, the Declaration, and the laws of
the City of Bozeman, County of Gallatin, and the State of
Montana, shall be grounds for appropriate legal action by the
Association of Unit Owners or by an aggrieved unit owner against
such non-complying owner.
4. Meetings and Voting:
a. Regular Meetings: There shall be a regular meeting of
the Association annually on the 1st day of December of each year,
commencing at 10:00 a.m. , or on such other date properly
announced by the Association. The first meeting of the
Association shall take place not more than one year fOllowing the
date of recording these By-Laws, if not sooner held.
b. Special Meetings: Pursuant to these By-Laws, the
Association may hold special meetings at any time. Such special
meetings may be called on the initiative of the Chairman of the
Association, a signed request of the manager, or a petition
signed by fifty percent (50%) of the unit owners. Notice of any
special meeting must specify the reason for such meeting and the
matters to be raised. Only matters set forth in the petition or
request may be brought before such meeting.
c. Notice: Notice of all meetings, regular or special,
1
. .
shall be mailed by the Association's secretary to every unit
owner of record at his address of record at least ten (10) days
prior to the time for holding such meeting. Such notices shall
specify the date, time and place of the meeting and shall make
provision to allow for the voting of each unit owner's interest
by proxy at the discretion of the owner. The mailing of a notice
in the manner provided in this paragraph or the personal delivery
of such notice by the secretary of the Association shall be
considered as notice served.
d. Quorum: No meeting, regular or special, shall be con-
vened to conduct business unless a quorum is present in person or
by proxy. A quorum shall consist of one hundred percent (100%)
of the total aggregate interest of the Condominium. At any time,
during any meeting that a quorum is not present, such meeting
shall be adjourned forthwith.
5. Voting Interest:
Each unit owner at Association meetings shall have a voting
interest equal to his percentage of interest in the general
common elements as set forth in the Declaration, a copy of which
is being filed concurrently with the filing of these By-Laws with
the Clerk and Recorder of Gallatin County, Montana.
I
Such percentage factor shall be the voting interest of each
unit owner on all matters affecting the general business of the
Condominium, on all matters affecting the common elements,
assessments for the common elements, and on all matters upon
which the Association agreed to have voting by the common
elements' interest. Voting upon matters affecting limited common
elements and assessments for limited expenses shall only be by
owners having a unit or interest in units located in the building
affected.
Whenever a quorum is present at a meeting of the Association
or the Board of Directors, those present may do any and all acts
they are empowered to do unless specific provisions of these By-
Laws, the Declaration or the laws of the State of Montana direct
otherwise. All acts of the Association require the approval of
one hundred percent (100%) of the owners.
6. Board of Directors:
The governance of the condominium shall be by a Board of
Directors elected from among the unit owners. Such Board shall
have all powers and responsibilities attendant to the general
administration and control of the Condominium. Additionally, the
Board shall have the authority necessary to carry into effect the
powers and duties specified by these By-Laws.
7. Officers of the Board of Directors:
The Association shall elect from its membership a Board of
Directors consisting of two members who shall elect a Chairman
of the Board and Secretary/Treasurer. The manner of election of
the Board of Directors shall be as follows:
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Board members shall serve for one ( I ) year and shall be
elected by majority vote of those present at any annual or
special meeting. The first board consisting of two ( 2 ) persons
shall be appointed by the declarant, which Board shall serve
until the first annual meeting of the Association, at which time
a new board shall be elected. Since there are only two units in
the Rosewood-II Condominium, each unit, notwithstanding anything
contained herein to the contrary, shall be entitled to have one
Board member to represent that unit. For example, if a unit is
owned by more than one person, the unit is entitled to have one
board member from among the ownership of that unit represent that
unit as a member of the board. All actions of the Board require
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the unanimous consent of both Board members.
8. Powers and Duties of the Board of Directors:
The Board of Directors shall have the following powers and
duties:
a. To call annual meetings of the Association and give due
notice thereof.
b. To conduct elections of the Board of Directors.
c. To enforce the provisions of the Declaration and By-Laws
of the Rosewood-II Condominium by appropriate action.
d. To promulgate and adopt rules and regulations for the
use of the common elements and for the occupancy of the units so
as to not interfere with the peace and quiet of all the
residents. Such rules must be ratified by one hundred percent
(lOO%-) of the unit owners at the first regular or special meeting
of the Association, following the adoption of such rules or
regulations by the Board.
e. To provide for the management of the condominium, by
hiring or contracting with suitable and capable management and
personnel for the day-to-day operation, maintenance, upkeep and
repair of the general common and limited common elements.
f. To levy assessments as allowed by the Declaration, these
By-Laws and the state of Montana, and to provide for the
collection, expenditure and account of said assessments,
g. To pay for the expenses of the maintenance, repair and
upkeep of the general common elements and the limited common
elements, and to approve payment vouchers either at regular or
special meetings.
h. To delegate authority to the manager for the conduct of
condominium business, to carry out the duties and powers of the
Board; however, such authority shall be precisely defined with
ultimate authority at all times residing in the Board of
Directors.
i. To provide a means of hearing grievances of unit owners
and responding appropriately thereto.
j . To meet at regularly scheduled times and hold such meet-
ings open to all unit owners or their agents.
k. To prepare an annual budget for the condominium in order
to determine the amount of the assessments payable by the unit
owners to meet the general common and limited common expenses and
allocate and assess such charges among the unit owners according
to their respective interests in the general common and limited
common elements, and to submit such budget to the unit owners on
or before the date of the annual meeting.
1. To levy and aollect special assessments whenever, in the
opinion of the board it is necessary to do so in order to meet
increased operating or maintenance expenses, costs, or additional
capital expenses, or because of emergencies.
m. To take appropriate legal action to collect any delin-
quent assessments, payments or amounts due from unit owners or
from any person or persons owing money to the condominium, and to
levy a penalty and to charge interest on unpaid amounts due and
owing.
n. To defend in the name of the Association any and all
lawsuits wherein the condominium is a party defendant.
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o. To enter into contracts with third parties to carry out
the duties herein set forth, for and in behalf of the Board and
the Association.
p. To establish a bank account for the condominium and to
keep therein all funds of the Association. withdrawal of monies
from such accounts shall only be by checks signed by such persons
as are authorized by the Board of Directors.
q. In general, to act for and carry on the administration
and affairs of the Association as authorized and prescribed by
the Declaration and to do all those things which are necessary
and reasonable in order to carry out the governance and operation
of the condominium.
r. To establish rules and regulations for conduct,
behavior, and use of the general common and limited common
elements.
s. To make repairs, alterations and improvements to the
general common and limited common elements consistent with
managing the condominium in a first class manner and in the best
interest of the unit owners, and all mortgagees.
I
t. To arrange, I keep, maintain and renew the insurance for
the association as set forth in the Declaration.
u. TO carry out the duties and responsibilities of the
Board in all other matters as may be authorized, needed or
required by the Declaration.
9. Vacancies and Removal:
Should a vacancy occur on the Board of Directors, the Board,
subject to the exception described below, shall appoint a member
of the Association to serve for the unexpired term. Such vacancy
shall be filled no later than the next regular Board meeting
after which it occurs. Should such vacancy not be filled by the
Board at the next regular meeting of the association, the
Association may fill such vacancy.
At any regular or special meeting of the Association, any
member of the Board may be removed by one hundred percent (100%)
of the aggregate interests in the condominium. Such vacancy
shall be filled by the Association. Such removal matter must be
announced in the notice of such regular or special meeting. The
personal delivery of such notice by the secretary of the Associa-
tion shall be considered notice served.
10. Compensati.on:
No member of the Board of Directors shall receive any
compensation for acting as such. Nothing herein, however, shall
be construed to preclude compensation being paid to managers who
are hired by the Board of Directors.
II. Managers: ,
The manager shall be appointed and/or removed by the Board
of Directors. The manager shall be bonded, and shall have main-
tained records of the financial affairs of the condominium. Such
records shall also detail all assessments made by the Association
and the status of payments of said assessments by all unit
owners. All records shall be available for examination during
normal business hours to any unit owner or his assigned
representative or his mortgagee. All functions and duties herein
provided for the manager may be performed by the Board, or the
Chairman, or the Board should decide not to have a manager.
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a. Accounts: The receipts and expenditures of the
Association shall be under the direction of the manager and be
classified as appropriate into general common expenses and
limited common expenses and shall include a provision for:
( 1 ) Current Expenses: Which shall include all receipts and
expenditures to be made within the year for which the budget is
made, including a reasonable allowance for contingencies and
working funds, except expenditures chargeable to reserve or to
betterments. The balance in this fund at the end of each year
shall be applied to reduce the assessments for current expenses
for the succeeding year.
( 2 ) Reserve for Deferred Maintenance: Which shall include
funds for repair or replacement required because of damage,
depreciation or obsolescence.
( 3 ) Reserve for Replacement: Which shall include funds for
repair or replacement required because of damage, depreciation or
obsolescence.
(4 ) Betterments: Which shall include the funds to be used
for capital expenditures for additional improvements or
additional personal property which shall be a part of the common
elements. ,
I
b. The manager shall prepare and submit to the Board a
budget, each calendar year, which must be approved then and
adopted by the Board. The budget shall include the estimated
funds required to defray the general common and limited common
expenses and to provide and maintain funds for the foregoing
accounts according to good accounting practices.
Copies of the budget and proposed assessments shall be
transmitted to each member on or before December 1st preceding
the year for which the budget is made. If the budget is
subsequently amended, a copy of the amended budget shall be
furnished to each member.
c. A financial report of the accounts of the Association
shall be made annually by an accountant, and a copy of the report
shall be furnished to each member at the annual meeting.
d. If the Board chooses not to appoint a manager, all of
the above functions shall be performed by a majority of the Board
of Directors.
The manager shall generally operate and manage the
condominium for and in behalf of the unit owners and shall have
such other powers and authority as the Board may delegate.
12. Amendment of By-Laws:
These By-Laws may be amended at any regular or special
meeting of the Association providing that a copy of the proposed
revision is included in the notice of such meeting. Upon a vote
of one hundre percent (100%) of the aggregate interest in the
condominium, the amendment shall be declared adopted. The
Secretary shall, as s~on as practicable after adoption, prepare a
copy of these By-Laws as amended for certification by the
Chairman and Secretary of the Association. Such amended and
certified By-Laws shall then be filed and recorded in the office
of the Clerk and Recorder of Gallatin County, Montana. By-Laws
as amended shall become effective at the time of such recording.
13. Assessments:
In accordance with the percentage of interest in the general
common elements as set forth in the Declaration, each unit owner
shall be assessed for general common expenses. Such assessments
and assessments for limited common expenses shall be collected
5
.
and paid according to the terms and under the procedures more
particularly set forth in the declaration. The amount of
assessments described above and any other assessments allowed by
these By-Laws, the Declaration and by the state of Montana, shall
be fixed by the Board of Directors. Notice of each owner's
assessments shall be mailed to said owner at his address of
record.
14. Notice .Qf Default to Mortgagee:
A first mortgagee, upon request, will be entitled to written
notification from the homeowners' Association of any default in
the performance by the individual unit owner of any obligation
under the condominium documents which is not cured within sixty
days.
15. Notices - Damages:
The homeowners' Association shall notify all first
mortgagees in writing of any loss to, or taking of, the common
elements of the condominium project if such loss or taking
exceeds $10,000 or damage to an individual unit securing a
mortgage held by the first mortgagee exceeds $1,000.
16. Due Process,by Homeowners' Association:
I
In the event that an action is taken by the homeowners'
Association against any individual unit owner to enforce an
assessment, or any part of the By-Laws or Declaration, or any
rule or regulation properly adopted by the homeowners'
Association, said homeowner shall be afforded the protection of
due process which includes but is not limited to the following:
a. Adequate notice in writing of any default with a
contingent right to cure the default.
b. An opportunity to defend him or herself against any
allegations of default.
c, An opportunity to cross-examine witnesses.
d. An opportunity to receive a formal hearing before an
impartial forum or tribunal.
e. To findings of fact by the formal tribunal. in
accordance with the evidence presented.
f. To a penalty proportionate to the offense such as
suspension of voting rights and recreational use rights or a
reasonable fine imposed by the Board of Directors.
17. Declaration:
Daniel H. Rosengren has filed, along with these By-Laws, a
Declaration whereby the properties known as the Rosewood-II
Condominium are submitted pursuant to M.C.A. Sec. 70-23-101 et.
seq. The Declaration shall govern the acts, powers, duties and
responsibilities of 1l:he Association of unit owners and in the
event these By-laws and the Declaration are in conflict, the
Declaration shall prevail.
The definitions of terms as set forth in the Declaration
shall be applicable throughout these By-laws, and the
interpretation thereof.
By virtue of these By-Laws and the Declaration, each unit
owner has the right to membership in the association of unit
owners and may be on the Board of Directors of the Rosewood-II
Condominium.
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. .
.
.
The Rosewood-II Condominium Association of Unit Owners and
its Board of Directors shall have primary and final authority on
all matters solely affecting the condominium area, subject to
the laws, rules and regulations of the City of Bozeman, County of
Gallatin, state of Montana.
IN WITNESS WHEREOF, Daniel H. Rosengren, as owner of record
of all of the condominium units and one hundred percent (100%) of
the voting interests of said condominium as of the date hereof,
hereby appoint the following persons to serve on the Board of
Directors until the first meeting of the Association:
Chairman : Daniel H. Rosengren
Secretary/Treasurer : Daniel H. Rosengren
And Daniel H. Rosengren hereby declares and affirms the
adoption of the foregoing By-Laws on the 2.) l- day of July, 1994.
Da;~i:~r
STATE OF MONTANA )
: 5S.
County of Gallatin ) .
r' 1994,
On this day of July, before me, a Notary Public
in and for said State, personally appeared DANIEL H. ROSENGREN,
known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the
same.
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","';f 3 (l ':'" Notary PUbli~ for the State of Montana.
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,..'((!/.~rd, --'( '... Residing at Bozeman, Montana.
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" ,::~'::- '/'\ ". My commission expires: 1/-1 )-9'7
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