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DECLARATION
FOR
SIX RANGE CONDOS
DECLARATION FOR SIX RANGE CONDOS
THIS DECLARATION (“Declaration for Six Range Condos” or “Declaration”), is hereby made by Six Range Condos, LLC, a Delaware limited liability company and/or its successors and assigns (“Declarant”), whereby lands and property hereinafter described are submitted and subject to the Montana Unit Ownership Act pursuant to Chapter 23, Title 70, MCA, as amended.
SECTION 1. DEFINITIONS
1.1 Definitions. The terms defined in this Section 1.1 shall, for the purposes of this Declaration, have the meanings herein specified unless the context expressly or by necessary implication otherwise requires:
“Additions” or “Alterations” shall mean improvements, replacements, remodeling, alterations, additions, enlargements, or expansion on or to a Unit, including any and all fixtures, machinery, and equipment.
“Articles” shall mean the Articles of Incorporation of the Six Range Condominium Owners Association, a Montana non-profit mutual benefit corporation.
“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.
“Assessment” shall mean collectively, the categories of charges as established and defined in Section 8, and any other Assessment as may be established by the Board, with the affirmative vote of the majority of the Unit Owners.
“Association” means the Six Range Condominium Owners Association, its successors and assigns, and is comprised of all of the Unit Owners acting as a group and in accordance with the duly adopted Bylaws and any amendments and this Declaration and any amendments.
“Board” or “Board of Directors” shall mean the Board of Directors of the Association as more particularly defined in the Bylaws.
“Boundary Wall” shall mean and consist of the wall or walls which enclose a Unit as shown and set forth on the floor plan on file and of record for the Six Range Condos, and shall be subject to the terms and conditions set forth herein.
“Building” shall mean a multiple unit structure on the Property in which the Units are located and is subject to the expansion provisions contained herein.
“Building Rules and Regulations” shall mean the reasonable rules and regulations adopted from time to time by the Board of Directors of the Association governing the use of the Common Elements of the Six Range Condos.
“Bylaws” shall mean the Bylaws promulgated by the Association under this Declaration and the Unit Ownership Act.
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“Commercial Unit” shall mean a Unit of the Project designated for commercial use, each of which is a parcel of property including and containing one or more rooms, intended for independent commercial use.
“Common Elements” shall mean both the General Common Elements and the Limited Common Elements.
“Common Expense” shall mean expenses of construction (not including initial construction by Declarant as part of the initial development of the Project), administration, operation, maintenance, repair, or replacement of General Common Elements and, unless otherwise determined by the Board, Limited Common Elements to the extent the Association is responsible for construction (not including initial construction by Declarant as part of the initial development of the Project), administration, operation, maintenance, repair, or replacement thereof; all other expenses for the benefit of the Association as a whole; all expenses declared common by the Unit Ownership Act (but specifically excluded Limited Expenses); and any reserve established by the Board to the extent such reserve relates to the General Common Elements, to the Limited Common Elements for which the Associate is responsible, or otherwise to the benefit of the Association as a whole.
“Condominium Association” means the Six Range Condominium Owners Association, its successors and assigns.
“Condominium Documents” shall mean this Declaration and the Bylaws, together with any attached exhibits or referenced documents, and all supplements and amendments to the same.
“Construction Activity” shall mean any site preparation, landscaping, sign erection, construction, reconstruction, change, modification, alteration, enlargement, or material maintenance of any Improvement or real property; or any physical changes in or to any Unit or other property or building or structure, interior or exterior.
“Declarant” shall mean Six Range Condos, LLC, a Delaware limited liability company, and its successors and assigns. Any successor and assigns shall be included within the term “Declarant” whenever, however, and wherever such term is used in the Governing Documents. No party other than Six Range Condos, LLC shall exercise the rights and privileges of the Declarant unless such party receives from the then existing Declarant a written instrument assigning such rights and said party records the assignment in the Office of the Clerk and Recorder of Gallatin County, Montana.
“Declarant Control Period” shall mean the period of time commencing with the recording of this Declaration with the Office of the Clerk and Recorder of Gallatin County, Montana, and ending on the earlier of: (a) when Declarant determines in an instrument recorded with the Office of the Clerk and Recorder of Gallatin County, Montana that one hundred fifty (150) of the Units have been sold or conveyed to persons or entities other than Declarant or its affiliates; or (b) when Declarant records an instrument with the Office of the Clerk and Recorder of Gallatin County, Montana specifying that the Declarant Control Period has ended.
“Declaration” shall have the same meaning given in the first paragraph of this Declaration.
“Facility” shall mean any real estate, Improvement, or any part thereof, within the Property that is owned by the Association, or that is part of the Property designated by Declarant as a Facility herein or on the Plat and is for the use or benefit of one or more Unit Owners.
“General Common Elements” shall include all those elements which are located outside the boundaries of the Units on the Property, and which are for the use of all Unit Owners, business invitees, and guests of Unit Owners of the Six Range Condos. The Declarant or the Association
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(with the consent of the Declarant during the Declarant Control Period) may add or remove General Common Elements by amendment to this Declaration and/or by the process set forth in the Unit Ownership Act. The General Common Elements include, but are not limited to, the following to the extent not within a Unit and not otherwise designated as a Limited Common Element:
(a) The land on which the Buildings are located, except for any portion thereof included in a Unit or made a Limited Common Element by this Declaration or amendment hereto; (b) The structural components of the Buildings (unless specifically excluded), including, but not limited to, footings, slab and foundation walls, columns, girders, beams, supports, exterior walls, roofs, roof drains, and other structural components of Buildings, entrance and exit areas of Buildings, stairwells, elevators, and siding and other exterior surfaces of Buildings; (c) The outside recreational areas, parking spaces, roads, sidewalks, and paths; (d) Installations of central services existing for common use of all Units or all Units within a Building, including, but not limited to, electricity, gas, television, internet, hot and cold water, sewer, heating, refrigeration, air conditioning, waste collection and disposal, and other utilities and connections to the extent serving all Units or all Units within a Building; (e) Public utility lines, storm drains and dry wells, water, sewer, electrical, gas, telephone and television lines, internet and fiber-optic cable lines, propane tanks, and similar infrastructure and facilities to the extent serving all Units or all Units within a Building; (f) Tanks, pumps, motors, fans, compressors, ducts, and in general all apparatuses and installations existing for common use of all Units or of all Units within a Building; (g) Any Facilities and Improvements constructed on the Property for operation and maintenance of the Project or use by all Unit Owners; and (h) Exterior elements of the Property, including landscaping, landscape irrigation, landscape and development lighting, road and parking lot lighting (excluding exterior lighting installed by or specifically for a Commercial Unit), security lighting, Project signage and signage lighting (if installed), common trash enclosure (if installed), street signage, retaining walls, plans and materials and improvement separate from and outside of the Units, and other elements necessary for or convenient to the safety, maintenance, and existence of the Project.
“Governing Documents” means this Declaration; the Articles; the Bylaws; any Rules and Regulations; any Resolutions; other documents regarding the governance or operations of the Association; and other documents regarding the formation of the Project including, but not limited to, any surveys, plats, or plans; and any amendments regarding the same.
“Improvements” shall mean all structures and appurtenances thereto of every type and kind, including, but not limited to: buildings and outbuildings; all exterior surfaces including the surface finish thereof; security systems; mailbox structures; decks, canopies, patios, awnings; landscaping, gardens, planting, clearing or removing of trees, shrubs, grass, or plants and
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appurtenances; sprinkler systems; stormwater mitigation systems and facilities; ponds and water tanks; drainage, detention, and retention facilities and culverts; monuments, recreational areas, amenities, and facilities; facilities to accommodate invitees and visitors; central waste collection and disposal facilities; paving and parking areas; ducts, shafts, and flues; conduit installation areas; storage facilities for supplies and equipment; fences and gates; fire breaks and fire prevention works; screening walls, earth walls, retaining walls, and cuts and fills associated with any Improvement; lighting; signage; pipelines; lift stations and pumps; utilities of any sort; antennae; above- and underground communication and internet or fiber-optic cable lines; management offices; environmental monitoring equipment and facilities; ground water facilities; waterways; the demolition or destruction by voluntary action of any structure or appurtenance thereto of every type and kind; grading, excavation, filling, or similar disturbance to the surface of the land including, but not limited to, change of grade, change of ground level, change of drainage pattern, change of stream bed or change of any existing surface contour; equipment related to the foregoing; and all types of structures, Facilities and Improvements that a government or quasi-government entity may be empowered by law from time to time to construct.
“Insurance Trustee” shall have the same meaning set forth in Section 12.5.
“Limited Common Elements” means those Common Elements within the Project designated in this Declaration, in the site plan, in the floor plans, or by agreement of the Unit Owners which are reserved for the use of a certain Unit or Building or number of Units or Buildings to the exclusion of the other Units or Buildings. The Limited Common Elements in this Project are reserved for the exclusive use of one or more Commercial Units or reserved for the exclusive use of one or more Residential Units, but not reserved for the use of both. Specifically, as to any given Unit or Building, Limited Common Elements shall include, but not be limited to, the following Common Elements which are outside the boundaries of the Unit and which are appurtenant to, affixed to, or provide service or access to the Building containing the Unit:
(a) Designated parking spaces, sidewalks, entrances, stoops, window wells, privacy fences, porches and patios; (b) The entries into the Commercial Units, including the public entry and the retail entry (if applicable), are reserved for the use of the Commercial Units; (c) Any utility services that serve the Commercial Units only, including, but not limited to commercial/retail venting systems, telecommunications or internet systems, and water and gas lines shall be reserved for the exclusive use of the Commercial Unit they service, to the exclusion of the other Units; and (d) Any other Improvement, Facility, or item described in the definition of General Common Elements to the extent the Declarant, during the Declarant Control Period, and thereafter the Board, reasonably determines that such Improvement, Facility, or item should be treated as a Limited Common Element for purposes of this Declaration.
“Limited Expenses” means the expenses attributable to the construction (not including initial construction by Declarant as party of the initial development of the Project), administration, operation, maintenance, repair, and replacement of Limited Common Elements; provided, however, that unless otherwise determined by the Board, such costs shall be Common Expenses to the extent the Association is responsible for the construction (not including initial construction by Declarant as part of the initial development of the Project), administration, operation, maintenance, repair, and replacement of such Limited Common Elements.
“Manager” shall mean an entity or individual appointed by the Board to provide management services in connection with the Association.
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“Percentage of Interest” means each respective Unit Owner’s undivided interest in the Common Elements and Limited Common Elements, and such Unit Owner’s pro rata liability to the Association. Each Unit Owner’s undivided pro rata interest in the General Common Elements and Limited Common Elements was calculated based on the proportion the square footage of each Unit bears to the total square footage of all Units in the Project. The Percentage of Interest with respect to each Unit is specified on Exhibit D attached hereto and as may be amended from time to time.
“Plat” means the Final Plat of _____________ Subdivision Phase ____.
“Project” means the Six Range Condos.
“Property” means that certain real property comprising of approximately 8.64 acres of land, located in Bozeman, Montana (the “Property”) and more particularly described in Exhibit A attached hereto and incorporated herein by this reference.
“Residential Unit” shall mean a Unit designated for residential use, each of which is a parcel of property including and containing one or more rooms, intended for independent residential use, and in some instances including an appurtenant garage or parking space which may not be separately conveyed.
“Rules and Regulations” shall have the meaning set forth in Section 11.9.
“Unit” shall mean one of the separate units of the Project, including the Commercial Units and the Residential Units. The boundaries of the Units are further described in Section 3.7.
“Unit Designation” shall mean the unique combination of letters, numbers, and words which identifies each of the Units of the Project.
“Unit Owner or Owner” shall mean the person or entity owning a Unit in fee simple absolute individually or as co-owner in any real estate tenancy relationship recognized under the laws of the state of Montana. Each Unit has only one owner for any voting purposes described herein.
“Unit Ownership Act” means and refers to the Montana Unit Ownership Act, Section 70-21-101, et seq., MCA, as amended.
SECTION 2. TITLE AND NATURE
The Project shall be known by the name THE SIX RANGE CONDOS. A Certificate of Name is attached hereto as Exhibit E. The Project is established in accordance with the Unit Ownership Act. The Project contains one hundred ninety-three (193) individual Residential Units which is capable of individual utilization on account of having its own entrance and exit to a Common Element. The Project consists of eight (8) individual Buildings consisting of three (3) multi-buildings, four (4) triplexes, and one (1) commercial building. The multi-buildings and the triplexes contain the Residential Units. The Project shall also contain approximately three hundred twenty (320) parking spaces. Each Unit Owner shall have an undivided and inseparable interest in the Common Elements and the right to share with other Unit Owners the General Common Elements of the Project as set forth herein.
SECTION 3. REAL ESTATE
3.1 Description. The Property, which is by this Declaration submitted and subject to the Unit Ownership Act, is described on Exhibit A attached hereto. The Property is owned by Six Range Condos, LLC, a Delaware limited liability company. The Buildings on the Property upon
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which Six Range Condos, shall have separate addresses for each Building. The Property is currently owned by the undersigned Declarant.
3.2 Appurtenant. 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 (and any other person having an ownership interest in the Unit), their heirs, personal representatives, mortgages, lien holders, successor and assigns for as long as this Declaration and Bylaws are in effect. The Property is intended to incorporate both residential and commercial uses.
3.3 Project Plans. The Project consists of the Property and Improvements currently existing and to be constructed thereon, including the Buildings, General Common Elements, and Limited Common Elements, to be used for residential, commercial, and associated use as designated in this Declaration, all as shown on the site plan and floor plans (the “Plans”). The Plans will accurately depict the Units and the Building layouts, as located (or to be located) on the Property, with the square footage, design, and dimensions of each Unit. There will be eight (8) Buildings situated on the Property, as shown on the site plan attached hereto as Exhibit B, and subject to the expansion provision set forth herein. There will also be General Common Elements and Limited Common Elements as described herein and reserved for the use of a certain Unit or Building or a number of Units or Buildings to the exclusion of the other Units of Buildings.
3.4 Residential Unit. Each Residential Unit shall be inseparable, and may be conveyed, leased, rented, devised, or encumbered in accordance with this Declaration. The Residential Units include a proportional undivided interest in the Common Elements as provided in Section 6. The Buildings contain one hundred ninety-three (193) individual Residential Units ranging from one (1) bedroom Units to three (3) bedroom Units. Each Residential Unit contains the dimensions and square footage as shown on the floor plans of the Residential Units attached hereto as Exhibit C.
3.5 Commercial Unit. Each Commercial Unit shall be inseparable, and may be conveyed, leased, rented, devised, or encumbered in accordance with this Declaration. The Commercial Units include a proportional undivided interest in the Common Elements as provided in Section 6. Each Commercial Unit contains the dimensions and square footage as shown on the floor plans of the Commercial Units attached hereto as Exhibit C.
3.5 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 shall and does exist, for so long as the encroachment exists. If any portion of a Unit encroaches upon the General Common Elements, or the Limited Common Elements, or upon an adjoining Unit or Units, a valid easement for the encroachment and for the maintenance of the same shall and does exist, for so long as the encroachment exists. 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.
3.6 Buildings. The Units comprising the Project will be contained in multiple Buildings. There will be a total of eight (8) Buildings, subject to the expansion provision set forth herein, and each Building will contain a designated number of Units. Each Building shall be designated by a different mailing address. Each Unit within the Buildings shall be designated by letters consecutively. Each Building and the Units shall be located as set forth on the site plan attached hereto as Exhibit B.
3.7 Boundaries of Units. Each Unit shall be bounded by the interior surfaces of its perimeter walls, floors, suspended ceilings, and trim. A Unit shall include all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, paints, finished flooring, unfinished flooring, and any other materials constituting any part of its finished surfaces, including any doors to access a Unit. All
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other portions of the walls, floors, or ceilings shall be a part of the Common Elements. In addition, each Unit shall include the following:
(a) all spaces, interior partitions, windows, window frames, interior doors, door frames, and all other fixtures and Improvements within the boundaries of the Unit; and
(b) all outlets of utility service lines, including, but not limited to, power, light, gas, hot and cold water, heating, refrigeration, air conditioning, and waste disposal within the boundaries of the Unit, but shall not include any part of such lines or ducts themselves.
In interpreting deeds, mortgages, deeds of trust, and other instruments for any purpose whatsoever or in connection with any matter, the existing physical boundaries of the Unit or of a Unit reconstructed in substantial accordance with the original Plans thereof shall be conclusively presumed to be the boundaries regardless of settling, rising, or lateral movement of the Building or Buildings and regardless of variances between boundaries as show on the plat and those of the actual Building or Buildings.
3.8 Interior Design and Arrangement. The Declarant reserves the right to change the interior design and arrangement of any Unit, so long as the Declarant owns the particular Unit. No such change shall increase the number of Units or alter the boundary of the General Common Elements without recording an amendment to this Declaration.
3.9 Expansion Provision. The Declarant may, in its sole discretion, at any time during the Declarant Control Period, acquire and submit additional real estate (other than the Property) into the Association and to the terms, conditions, and provisions of this Declaration. The Declarant may, in its sole discretion, at any time and from time to time in the future, modify or increase the buildings and/or the boundaries of the Units to increase the number of Units in the Project. Any such expansion plans will be in compliance with all applicable laws and regulations. Any expansion shall be made by filing an amendment to this Declaration with the Office of the Clerk and Recorder of Gallatin County, Montana. Upon recording of the amendment, the additional real estate or the expanded buildings and/or Units shall be subject to the terms, covenants, conditions, easements, and restrictions of this Declaration and the jurisdiction of the Association with the same force and effect as through said real estate, buildings, or Units were part of the Property when this Declaration was recorded. At the time the Declarant, or its successors and assigns, elects to file such amendment then all existing Owners hereby covenant and agree that they will, upon request, join in the execution of such amendment agreeing, consenting and joining the amendment to this Declaration, and further agreeing to reduce their percentage of ownership interest in the General Common Elements.
SECTION 4. EASEMENTS
4.1 Common Element Easements. A perpetual non-exclusive easement and right of ingress and egress, and support through the General Common Elements is appurtenant to each Unit for the benefit of each Owner, and all the General Common Elements are subject to such rights. Every Owner shall have the right to use and enjoy the Limited Common Elements appurtenant to such Owner’s Unit. 4.2 Plat Easements. The Project is subject to all easements as shown and reserved on the Plat.
4.3 Walkway Easements. Declarant hereby reserves unto itself and its successors and assigns a perpetual, non-exclusive easement upon, over, and under the General Common Elements (but specifically excluding any Buildings or other structures located on the Property) for the creation, use, and maintenance of a walkway running north to south through the Property. Any
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person using this easement shall, as a condition of such use, indemnify and hold harmless Declarant, the Association, the Board, and the Owners for any damage, injury, or loss sustained as a result of such use. The exercise of this easement shall not unreasonably interfere with the use of any Unit or the use of the General Common Elements. This reservation of the easement does not obligate the Declarant to construct or reserve the easement described herein.
4.4 Easement for Utilities with Units and Buildings. Each Unit may have its air space penetrated by electrical wires and lines, gas lines, mechanical equipment, and lines including air handling ducts, hot- and cold-water lines, wastewater lines, and vents and other utility pipes or equipment. A non-exclusive easement shall exist through, over, under, and across each Unit for inspection, installation, maintenance, replacement, and repair of such utility lines and mechanical equipment for the use of all of the Unit Owners or the Units 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 and the exercise of the easement rights hereto shall only be done under the direction and with the approval and authority of the Association and/or the Association’s authorized 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. 4.5 Easement for Public Utilities. There are hereby reserved unto Declarant and granted to the Association and designees of each (which may include, without limitation, City of Bozeman, Gallatin County, and any utility operator) access and maintenance easements upon, across, over, and under all the General Common Elements (provided that such access may not be across, over, or under any Buildings or other structures) to the extent reasonably necessary for the purpose of installing, replacing, repairing, and maintaining security and similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage systems, street lights, signage, and all utilities, including, but not limited to, water, sewer, meter boxes, telephone, gas, and electricity; and for the purpose of installing any of the foregoing within easements designated for such purposes on recorded plats of the Property. Declarant specifically reserves unto itself and grants to the Association and designees of each the right to convey to the local water supplier, electric company, natural gas supplier, or telecommunications or fiber-optic systems supplier easements across the General Common Elements (provided that such access may not be across, over, or under any Buildings or other structures) for ingress, egress, installation, reading, replacing, repairing, and maintaining utility meters and boxes. The exercise of this easement shall not extend to permitting entry into any Unit, nor shall any utilities be installed or relocated on the Property, except as approved by Declarant, during the Declarant Control Period, and thereafter by the Association or the Board. Should any entity furnishing a service covered by the general easement provided herein request a specific easement by separate recordable document, Declarant shall have the right to grant such easement over any portion of the Property without conflicting with the terms provided herein. 4.6 Easements for Maintenance, Repair, and Replacement. Declarant, the Association, and the designees of any of the foregoing and all public or private utilities shall have such easements over, under, across, and through the Property, including all Units and Common Elements, as may be necessary to exercise any rights or fulfill any responsibilities, including those of installation, maintenance, repair, reconstruction, or replacement, which they or any of them are required or permitted to perform under this Declaration or the other Governing Documents. These easements include, but are not limited to, the right of Declarant and the Association to obtain access at all times to meters, controls, valves, pipes, conduits, and other Common Elements located
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within or to which access may be gained through any Unit or its appurtenant Limited Common Elements. Except in any emergency situation, such entry into a Unit shall only be during reasonable hours and after notice to the Unit Owner. 4.7 Structural Easements. Every portion of a Unit which contributes to the structural support of the Building, other Units, or Common Elements shall be burdened with an easement of structural support for the benefit of the Building, other Units, or Common Elements.
4.8 Signage Easements. Declarant reserves unto itself and grants to the Association the right to install permanent or temporary signage upon the Common Elements for identification of the Project, directional information, traffic control, safety, or as otherwise determined in the sole discretion of the Declarant or the Association.
4.9 Grant of Easements by Association. The Association, acting through its lawfully constituted Board of Directors shall be empowered and obligated to grant such easements, licenses, rights-of-entry and rights-of-way, over, under across, and through the Property for utility purposes, access purposes or other lawful purposes as may be reasonably necessary for the benefit of the Project, which grants shall not unreasonably interfere with the beneficial use and occupancy of the Units.
4.10 Additional Easements for Other Projects. Declarant herby reserves unto itself (with the right to designate or assign to others) the following easements in connection with any improvements, facilities, or developments constructed or to be constructed by Declarant or Declarant’s assigns or successors, or its affiliates or its designees in connection with or for the benefit of other projects, whether or not such improvements, facilities, or developments are made a part of the Project.
4.10.1 A perpetual, nonexclusive easement for installation, utilization, tapping, tying into, extending, and enlarging any utility mains or facilities located in the Common Elements, including connections to water, storm, and sanitary sewer mains or related facilities within the Property. Declarant, its affiliate, or its designee or assign, as applicable will pay all costs of such installation, utilization, tapping, tying into, extending, and enlarging; and, to the extent possible, will restore all areas thereby disturbed to substantially the same condition that existed immediately prior to commencement of such activities. All expenses of maintenance, repair, replacement, and resurfacing of such utilities mains or facilities shall be shared by the Association and the owners of the other projects utilizing such utility mains or facilities on a proportionate and equitable basis based on the use of such utility mains or facilities. 4.10.2 A perpetual, nonexclusive easement located as determined by Declarant, over, under, across, and through the Common Elements (but not over any Buildings or structures on the Property) and any roadways or parking areas within the Property for the purposes of ingress and egress to and from the other projects. Declarant or its designees or assigns exercising such easement rights, as applicable, shall be responsible for any physical damage caused to the Buildings, Units, or Common Elements as a result of vehicular traffic connected with the development of the other projects by Declarant or its successors, assigns, or designees. If the easement is exercised for permanent access to other projects and the Association maintains the roadway or parking lot used for such access, then the owners of such other projects shall enter into an agreement with the Association to share the reasonable cost of maintenance for any access roadway serving such other projects.
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4.11 Specific Written Easements. Declarant may, in its sole discretion, during the Declarant Control Period and without the necessity of consent by any interested party, prepare and record a subsequent instrument to specifically define by legal description the easements created by or in accordance with this Section 4. The easements provided for in this Section 4 shall in no way adversely affect any other recorded easement on the Property. 4.12 Emergency, Security, and Maintenance Easements. Public safety and other appropriate persons designated by the Board shall have the right, but not the obligation, to enter upon the Property, including any Unit or Common Element, for emergency, security, and safety reasons to repair, reconstruct, or inspect any easement for the purpose of ensuring compliance with this Declaration and the other Governing Documents. This right may be exercised, without limitation, by law enforcement personnel, security officers, fire and ambulance personnel, and similar emergency personnel in the performance of their duties. Except in an emergency situation, entry into any Unit shall only be during reasonable hours and after notice to the Unit Owner. The right of entry shall include the right of the Declarant or the Association or their designees to gain entry upon any Unit to cure any condition which may increase the possibility of fire or other hazard, pursuant to a notice informing the Unit Owner of and requesting cure of such condition, in the event Unit Owner fails or refuses to cure the condition within a reasonable time after such notice. Unit Owners shall leave a key in a lock box attached to the exterior of their Units (and provide access to the lockbox to the Association), or otherwise provide access in a manner reasonably acceptable to the Association, for access pursuant to this paragraph. In the event of any Unit Owner’s failure to provide acceptable means of access, the Association may gain access in any such manner as may be reasonable under the circumstances and shall not be liable to such Unit Owner for any necessary damage to the Unit and any Limited Common Element appurtenant thereto caused thereby, including the repair or replacement of any doors or windows damaged in gaining such access. 4.13 Amendment or Repeal. Any easement and other rights reserved or granted to Declarant in this Section 4 may not be modified, amended, or repealed without Declarant’s prior written consent. Any attempted or purported modification, amendment, or repeal without Declarant’s written consent shall be void and have no effect.
SECTION 5. MAINTENANCE
5.1 Maintenance by Association. The Association shall maintain and repair, or cause to be maintained and repaired, all Common Elements and all exterior and structural components of each Unit and Building, including roofs. Without limiting the generality of the foregoing, the Association shall be responsible for the upkeep, maintenance, and repair of any roadways or parking lots withing the Property; any sidewalks within the Property (including snow and ice removal); all roofs, siding, and chimneys; and any decks, porches or patios which are General Common Elements. Such maintenance and repair costs that are attributable to a particular Unit or Units or a particular Building or Buildings may be assessed to the affected Unit(s) or Building(s), in the discretion of the Board, pursuant to Section 8.1.6. The Association shall own, maintain, and operate the stormwater mitigation systems and shall cause the Project to comply with the stormwater maintenance plan attached hereto as Exhibit F. To the extent that Unit Owners fail to provide for maintenance, repair, upkeep and replacement of Limited Common Elements appurtenant to a particular Unit, the Association has the power and authority as the Association deems appropriate to take all necessary steps to provide for the maintenance, repair, upkeep and replacement of Limited Common Elements and to recover the costs and expenses thereof using the Association’s levy and assessment powers against the Unit Owner of the particular Unit. 5.2 Maintenance by Unit Owners. Each Unit Owner, at such Owner’s costs and expense, shall maintain and keep in good repair and in safe condition such Unit owned by the Unit
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Owner. No Unit Owner, through act or omission, shall impair the structural soundness or integrity of any Unit or Building on the Property or impair any easement on the Property. Each Unit Owner shall maintain and keep in good repair the interior of each Unit owned by the Unit Owner. Subject to the Association’s right to provide for such maintenance and repair and to levy assessments therefore, each Unit Owner shall keep all areas including all Limited Common Elements appurtenant to such Unit, including, but not limited to, balconies, in a neat, clean, and sanitary condition and in a good state of repair. No Unit Owner shall make any alteration or modification of any General Common Element.
SECTION 6. OWNERSHIP AND FLOOR PLANS
6.1 Percentage of Interest. Each Unit Owner shall own a percentage of undivided interest in the Common Elements equal to such Unit Owner’s Percentage of Interest set forth in Exhibit D attached hereto. Such Percentage of Interest represents each Unit Owner’s ownership interest in the Common Elements and liability for the Common Elements. Each Unit Owner’s undivided pro rata interest in the general common elements was calculated based on the proportion the square footage of each Unit bears to the total square footage of all Units in the Project. Except as otherwise limited in this Declaration or any other Governing Documents, each Unit Owner shall have the right to use the Common Elements for all purposes incident to the use and occupancy of such Owner’s Unit, and for such uses permitted by this Declaration, which rights shall be appurtenant to and run with the Unit. 6.2 Floor Plans and Exhibits. The floor plans of the Units are attached hereto as Exhibit C. Declarant shall amend Exhibit C from time to time as construction of the Units is completed after the date of recording this Declaration or to the extent required by the Unit Ownership Act. Declarant may make such amendments without the consent of any other person.
6.3 Exclusive Ownership. Each Owner shall be entitled to exclusive ownership and possession of the Owner’s Unit. Such Owners may use the General Common Elements and the Limited Common Elements in accordance with this Declaration and the other Governing Documents for the purposes for which they are intended, so long as the Owners do not hinder or encroach upon the lawful right of any other Unit Owner.
SECTION 7. THE ASSOCIATION AND THE BOARD
7.1 Membership. An Owner of a Unit in the Six Range Condos shall automatically, upon becoming the Owner of said Unit, be a member of the Association, and shall remain a member of said Association for the period of the Owner’s ownership of the Unit. Upon transfer of ownership of a Unit, a former Unit Owner’s membership in the Association shall automatically cease. The membership of the Association shall be limited to Unit Owners as defined in this Declaration. If a Unit Owner’s interest in a Unit is held by more than one person or entity (in tenancy in common, as joint tenants, or otherwise) the membership in the Association is appurtenant to such Unit and shall be shared by all such persons or entities in the same proportionate interest and by the same type of ownership as the Unit is held, subject to reasonable Board regulation and restrictions on voting, notices, and assessment obligations as set forth in the Bylaws or in other Governing Documents. 7.2 Power and Duties of the Board of Directors.
7.2.1 General Powers. The Board shall have the right and power to do all things necessary for the management and operation of the Project.
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7.2.2 Special Powers. Without limitation of the foregoing, it shall be the function of the Board to:
7.2.2.1 Adopt Bylaws for the governance of the Association. 7.2.2.2 Make provisions for the general management, repair, and maintenance of the General Common Elements and the Limited Common Elements, and any other provisions as appropriate for the benefit of the Association.
7.2.2.3 Levy assessments as provided for in the Declaration, Bylaws, and pursuant to the Unit Ownership Act.
7.2.2.4 Enforce any violation of the Declaration, Bylaws, or any implemented Rules and Regulations, and resolutions and policies adopted by the Board of Directors.
7.2.2.5 Enter into contracts or hire personnel for the management of the affairs of the Association, including, but not limited to, the Manager and for the maintenance and repair of the Common Elements.
7.2.2.6 Adopt and implement Rules and Regulations to govern the occupancy and use of the Common Elements and common areas as provided in this Declaration.
7.2.2.7 Adopt and implement a policy for the affairs of the Project.
7.2.2.8 Operate and maintain any recreational facilities constructed on the General Common Elements.
7.2.2.9 Manage the affairs of, and take action for, the Association, except where the vote of the Owners or consent of the Declarant is specifically required by the Governing Documents or applicable law.
7.2.2.10 Perform such other functions and duties as are expressly set forth elsewhere in this Declaration, Bylaws, or under the Unit Ownership Act.
7.3 Powers and Duties of the Association. It shall be the function of the Association to: elect the Board as provided in the Bylaws; and approve any changes to this Declaration, subject to the provisions of Section 9 and the other provisions of this Declaration which specifically permit amendment without the consent of the Association. 7.4 Voting. Unless excluded by this Declaration, on all matters to be decided by the Association each Unit shall be entitled to one (1) vote. Except as otherwise provided in the Unit Ownership Act, this Declaration, or the Bylaws, a majority of the aggregate interest present in person or by proxy at any meeting shall be sufficient to act on matters brought before the Association. Meetings of the Association shall only be conducted when a quorum is present, as defined in the Association’s Bylaws. If any Unit is owned by two (2) or more owners, the vote may only be exercised by one (1) owner. Any Unit Owner who is not an individual (e.g. a partnership, LLP, LLC, corporation, or trust) shall appoint an individual to represent such Unit
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Owner’s interest as a Member of the Association, for purposes of voting and otherwise. The name of the appointed individual shall be provided to the Association and shall remain on file with the Association until amended by the Unit Owner. The Association or the Board may rely on the name of the appointed individual on file with the Association for all purposes, including voting.
7.5 Delegation. If the Association delegates any or all of its duties, powers, or functions to a Manager, neither the Association nor the members of its Board of Directors shall be liable for any omission or improper exercise by the Manager of any such delegated duty, power, or function.
7.6 Failure to Comply. Each Unit Owner shall strictly comply (and shall be responsible to require any occupant of a Unit including any purchaser or lessee/tenant to comply) with the provisions of this Declaration, the Bylaws, any Rules and Regulations or other resolutions adopted by the Board of Directors, any amendments to the same, and the Unit Ownership Act. 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 reasonable attorneys’ fees incurred in connection therewith, which action shall be maintainable by Association, the Manager in the name of the Association, the Board on behalf of the Association or on behalf of an aggrieved Unit Owner(s), or by an aggrieved Unit Owner(s). In the event a Unit Owner leases or rents a Unit, the Unit Owner shall remain liable under this provision.
SECTION 8. ASSESSMENTS
8.1 Levying Assessments 8.1.1 All assessments shall be fixed by resolution of the Board. Notice of any assessment, indicating whether a regular or special assessment, the amount thereof, and the purpose for which the assessment is made, and including an annual budget for expenditures and operation for regular annual assessments, shall be served on all Unit Owners affected by the assessment by delivering a copy of the same to such affected Unit Owners. Delivery shall be made personally or by mailing a copy of the notice to said Unit Owners at their addresses of record at least thirty (30) days prior to the annual meeting of the Association. 8.1.2 Assessments shall also be made for the Association’s costs and expenses for repair, replacement, insurance (including insurance deductibles where applicable), general maintenance and upkeep, management and administration of Common Elements and other Common Expenses and fees, including costs and expenses of the Manager, taxes for Common Elements, reserves for contingent liabilities, and other related items and reasonable assessments for the General Common Elements including those declared general common expenses under the Unit Ownership Act. Assessment shall be made by the Board to distinguish between assessments for the General Common Elements, the Limited Common Elements reserved for use of the Residential Units, and the Limited Common Elements reserved for use of the Commercial Units such that the respective Unit Owners are assessed and chargeable only for expenses related to the Common Elements reserved for or related to their respective Units. 8.1.3 Assessments may also be made for the creation of a reserve budget, including reserves for items determined by the Board which may include, among other things, a reserve for insurance deductibles. The Board may, in its discretion, levy an assessment in an amount sufficient to meet the projected reserve needs of the Association. 8.1.4 The Board shall have the authority to establish a multi-tiered system of Assessments based upon the completion status of various Buildings or other components
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of the Project. Declarant and any affiliate, or its successors and assigns, shall not pay any assessments on the Unit it owns; provided, however, that Declarant may, in its sole discretion, subsidize or reimburse the Association for any expenses the Association incurs in connection with the Units that Declarant owns, which are not otherwise covered by the assessment of other Unit Owners.
8.1.5 In addition to other authorized assessments, the Board may levy special assessments to cover unbudgeted expenses in excess of those budgeted. In no case may the amount of any special assessment levied on any Unit exceed an amount equal to the total amount of the special assessment multiplied by the Percentage of Interest for any Unit. This limitation does not apply to special assessments set forth in Section 8.1.6 or to any assessments levied against a Unit Owner for the acts or omissions of that Unit Owner or its family members, guests, or invitees which may be levied against the applicable Unit Owner.
8.1.6 Assessments (regular or special) may also be made for the payment of expenses for Limited Common Elements such that the Unit Owners are chargeable only for the expenses relating to their respective Units and appurtenant Limited Common Elements, as determined by the Board. Unit Owners shall share in the payment for Limited Expenses for repair, maintenance, and replacement of Limited Common Elements benefitting their respective Units in proportion to the Percentage of Interest of such Unit Owners. If only one Unit is associated with the Limited Common Element involved, then in the discretion of the Board, the entire costs of such repair, maintenance, reconstruction, or replacement may be assessed to that Unit Owner.
8.1.7 Assessments may also be made for any purpose contemplated by this Declaration, the Governing Documents, and for any purpose set out in the Unit Ownership Act, including, but not limited to, any special assessments which are not assessed on an annual basis. To the extent Facilities or infrastructure serving the Project are not within, wholly or partially, the Property, and the Board determines that the Association is required to pay for, maintain, and/or operate the Facilities or infrastructure or that it is in the best interest of the Association to pay, the Association may levy assessments to cover the costs for maintenance and/or operation of such Facilities or infrastructures.
8.1.8 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 its 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. Any such Grantee shall be entitled to a statement from the Manager or the Board setting forth the amount of unpaid assessments against the Grantor due the Association, and such Grantee shall not be liable for any unpaid Assessments made by the Association against the Grantor in excess of the amount set forth in the statement.
8.1.9 At the time the Association creates its first budget, an account or accounts shall be set up to which initial Assessment shall then be deposited.
8.2 Payment of Assessments. All Assessments shall be due thirty (30) days from the date of mailing such Assessment following the meeting at which Assessments are levied by the Association. The amount of the Common Expenses assessed against each Unit and the amount of the Limited Expenses assessed against each Unit shall be the personal and individual debt
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of the Owner thereof. If the Owner is a corporation, limited liability company, limited partnership, trust, or similar entity, then the underlying shareholders, members, limited partners, or business owners agree by purchasing a Unit to waive all protections given by their entity and agree that they are personally liable for any debt owed to the Association. For example, if the entity is a corporation, the Association may automatically pierce the corporate veil to hold the shareholders personally liable for the debt. No Unit 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 its Unit. All Assessments which are not paid within thirty (30) days from the date 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 of fifteen percent (15%) per annum, or the maximum allowed by Montana law at the time of the delinquency, whichever is less, on the amount of the Assessment from the due date thereof, together with all expenses, including reasonable attorney’s fees incurred, together with such late charges as are provided in the Bylaws of the Association. In no case shall the Unit Owner be charged a rate of interest in excess of the amount allowed under Montana law. 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 and the prevailing party shall be entitled to recover its attorney’s fees. 8.3 Liens for Assessments.
8.3.1 The Association shall have a lien against each Unit to secure payment of delinquent Assessments and other amounts payable hereunder attributable to that Unit, as well as interest, late charges (subject to the limitations of Montana law), and costs of collection (including attorney fees and costs). Such lien shall be superior to all other liens, except as set forth in §70-23-607, MCA of the Unit Ownership Act (including any amendment to the Unit Ownership Act which affords a higher priority to the lien of the Association). Such lien may be enforced by suit, judgment, and judicial or non-judicial foreclosure. 8.3.2 The Association may bid for the Unit at the foreclosure sale or other legal sale and acquire, hold, lease, mortgage, convey, and otherwise deal with the Unit. While a Unit is owned by the Association following foreclosure: (a) no right to vote shall be exercised on its behalf; (b) no Assessment shall be levied on it; and (c) each other Unit shall be charged, in addition to its usual Assessment, its equal pro rata share of the Assessment (based on Percentage of Interest) that would have been charged such Unit had it not been acquired by the Association. The Association may sue for unpaid Assessments and costs without foreclosing or waiving the lien securing the same.
8.3.3 Subject to Section 8.3, the sale or transfer of any Unit shall not affect the Assessment lien or relieve such Unit from the lien for any subsequent Assessments.
8.4 Unpaid Assessments - Mortgagee. 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, its successors and assigns, shall not be liable for the share of 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 Assessments shall be deemed to be Common Expenses collectable from all of the Units including such acquirer and such acquirer’s successors and assigns.
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8.5 Assessments for Damages. Damage to any part of a Unit resulting from maintenance, repair, emergency repair, or replacement of any of the General Common Elements or Limited Common Elements or as a result of an emergency repair within another Unit at the instance of the Association (other than damage caused by a Unit Owner or a family member, guest or invitee thereof) shall be designated Common Expenses by the Association and assessed in accordance with such designation.
8.6 Fines. The Board may adopt any Rules and Regulations or resolution to impose fines for violations of the provisions of this Declaration or the Governing Documents. Such fines must be reasonable but may be levied for each day of a continuing violation provided the Association has provided at least one (1) written notice to the offending Unit Owner along with an opportunity to cure the violation.
8.7 Notice to Mortgagees. In accordance with, and to the extent required by, applicable federal and state guidelines, any first mortgagee (and any guarantor of a first mortgage) on any Unit in the Project is entitled to a written notifications from the Association or the Board of:
8.7.1 Any condemnation or casualty loss that affects either a material portion of the Project or the Unit securing its mortgages. 8.7.2 Any sixty (60) day delinquency in the payment of Assessments or charges owed by the Unit Owner of any Unit for which it holds the mortgage. 8.7.3 A lapse, cancelation, or material reduction of any insurance policy maintained by the Association. 8.7.4 Any proposed action that requires the consent of a specified percentage of mortgages. SECTION 9. AMENDMENT
9.1 Amendment by Declarant. During the Declarant Control Period, Declarant may unilaterally amend this Declaration for any purpose, provided the amendment has no material adverse effect on the right of any Owner or Mortgagee (or the consent of any such Owner or Mortgagee is obtained). Notwithstanding the above, during the Declarant Control Period, Declarant may unilaterally amend this Declaration if such amendment is: (a) necessary to bring any provision in compliance with applicable governmental statutes, necessary governmental restrictions, rules or regulations, or judicial determinations; (b) necessary to enable any reputable title insurance company to issue title insurance coverage on the Units; (c) required by an institutional or governmental lender or purchaser of mortgage loans, including, for example, the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable such lender or purchaser to make or purchase mortgage loans on the Units; (d) necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the Units or to insure the Project or any portion thereof, including any individual Unit; (e) necessary to allow the Association to obtain insurance contemplated by this Declaration, including, without limitation, property or liability insurance, at a reasonable price and on reasonable terms; or (f) otherwise necessary to satisfy the requirements of any governmental or quasigovernmental agency. However, any such amendment shall not adversely affect the title to any Unit unless the Owner shall consent thereto in writing.
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9.2 Amendment by Owners. After the Declarant Control Period, this Declaration may be amended by the affirmative vote or written consent, or any combination thereof, of at least sixtysix and twothirds percent (66.67%) of the total Percentage of Interest of the Association. However, any such amendment shall not adversely affect the title to any Unit or limit the use of the Unit, unless the Owner shall consent thereto in writing. If the amendment is approved as provided in this paragraph, the President and Secretary of the Board shall certify that the amendment was properly adopted and shall have the authority to sign the amendment and have it acknowledged and filed with the the Clerk and Recorder's Office of Gallatin County, Montana.
9.3 Amendments Requiring Consent of Mortgagee. Notwithstanding any provision herein, any amendment that materially adversely affects the holders of first mortgages or trust indentures of record requires a favorable vote of at least fiftyone percent (51%) of such mortgagees. For purposes of validating a vote of the Units, when the vote materially affects a mortgagee, notice of the proposed action requiring vote shall be mailed by certified mail return receipt requested to the mortgagee of each Unit. If the mortgagee fails to respond after sixty (60) days from the mailing of the notice, the mortgagee is presumed to have consented to the action and the lack of return vote is deemed an affirmative vote.
9.4 Restriction on Amendment. No amendment may remove, revoke, or modify any right or privilege of the Declarant without the written consent of the Declarant.
9.5 Plat Amendment. Declarant may unilaterally amend the Plat of the Property without the additional consent of any Owner or the Board; provided, however, that nothing in this paragraph allows Declarant to replat the Property underlying a Building without the consent of the Owners of the Units in such Building.
9.6 Merger or Consolidation. During the Declarant Control Period, Declarant may merge, consolidate, or bifurcate the Association into a property owners’ association of the same form of ownership. Upon written request from Declarant during the Declarant Control Period, the Board and each Unit Owner shall execute such documents and take such actions as shall reasonably be requested by Declarant to approve and effect any such merger, consolidation, or bifurcation.
9.7 Agreement Regarding Amendments. The Unit Owners, the Association, lien holders, mortgages, and all others acquiring an interest in or lien on the Units, the Common Elements or any other portion of the Project shall be bound by the rights of Declarant to amend and supplement this Declaration (and Bylaws if required) and the Plat of the Property as set forth in this Declaration, including, but not limited to, reduction or increase in the number of Units, completion of construction of Units, and any change in the Percentage of Interest, site plan, or floor plans in connection herewith; and any consent to such amendments and supplements is implied and agreed to by the acceptance or acquisition of any interest in or lien on the Units, the Common Elements, or any other portion of the Property. Declarant is hereby appointed the Unit Owners’, Association’s, lien holders’, and mortgagees’ agent and attorneyinfact to execute and record such amendments, supplements, and related documents.
SECTION 10. ASSIGNMENT
Any or all of the rights and powers granted or reserved to Declarant in this Declaration, the Governing Documents or the Unit Ownership Act, including the power to approve or disapprove any act, use, proposed action, or any other matter or thing, may be assigned by Declarant to any other entity or to the Association. Any such assignment or
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transfer shall be made by appropriate instrument in writing duly recorded in the Office of the Clerk and Recorder of Gallatin County, Montana.
SECTION 11. UNIT RESTRICTIONS
All of the Units shall be held, used, and enjoyed subject to the Governing Documents, any zoning regulations or the laws of the State of Montana, and the following limitations and restrictions:
11.1 Use. The permitted use for the Residential Units is for residential occupancy by Unit Owners, their families, and their guests and invitees, consistent with the restrictions contained herein and in the other Governing Documents and may not be used for any other purposes whatsoever. The permitted use for the Commercial Units is retail, office, and commercial for the Unit Owner’s and their employees, guests, and invitees, consistent with the restrictions contained herein and in the other Governing Documents and may not be used for any other purposes whatsoever. All uses of the Units shall be consistent with applicable zoning and other government use restrictions (including any noise ordinance) and consistent with other restrictions contained herein and any applicable Rules and Regulation or resolutions adopted by the Board of Directors to govern the use of the Units or the Project as a whole. Each Owner shall be obligated to maintain and keep in good order and repair the interior of its own Unit. 11.1.1 Use of Residential Units. No commercial business activity, industry, trade, occupation, or profession shall be conducted in the Residential Units that is not permitted by applicable residential zoning. To the extent permitted by applicable zoning, a Residential Unit owner may operate a “home office” from which the Unit Owner conducts certain business affairs (e.g. by computer or telephone) so long as the Unit is not open to the public or customers. The Board shall have the authority to set forth additional reasonable limitations on “home offices”. 11.1.2 Use of Commercial Units. Any commercial or retail use of the Commercial Units is permitted only if it: (i) is conducted in accordance with applicable zoning and/or land use regulations; (ii) complies with all requirements from the Declaration, Bylaws, and any Rules and Regulation or resolution adopted by the Board; (iii) does not cause objectionable noise or odors to emanate out of or arise from such Commercial Units; and (iv) does not involve the storage of material amounts of highly combustible materials or other materials that would pose an unreasonable threat to any Building or the wellbeing of the Unit Owners. During the Declarant Control Period, Declarant shall have the sole and absolute discretion to determine whether the commercial or retail use of a Commercial Units shall be permitted under the Declaration. 11.2 Use of Common Elements. The use of all the Common Elements shall be limited as follows:
11.2.1 There shall be no obstruction of the Common Elements, nor shall anything be stored in or on the Common Elements without the prior written consent of the Association. 11.2.2 Nothing shall be done in any Unit or in, on, or to the Common Elements which will impair the structural integrity of any Unit or Building or which would structurally change any Unit or Building on the Property, except as otherwise provided herein.
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11.2.3 Nothing shall be altered or constructed in or on, or removed from, the Common Elements, except upon the written consent of the Association.
11.2.4 No nuisances shall be allowed upon the Property nor shall any use or practice be allowed which is a source of annoyance to Unit Owners or which interferes with the peaceful enjoyment and possession and proper use of the Property by its Owners. No offensive or unlawful use shall be made of the Property nor of any part thereof, and all valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction shall be complied with.
11.2.5 No garbage shall be stored outside any Unit, but rather properly disposed of in common trash receptacle areas designated by the Association.
11.2.6 No personal items may be placed in the hallways or other Common Elements of the Project, including, but not limited to, doormats, shoes, or other personal items, except those placed by the Board or approved by the Board.
11.3 Change in Unit Boundaries. No change in the boundaries of existing Units shall encroach upon the boundaries of the Common Elements or other Units except by amendment to this Declaration and, during the Declarant Control Period, with the written approval of the Declarant. Any such change will be set forth in an amendment showing the revised plans of the Unit(s), which amendment shall be approved, signed, and acknowledged by the Association, the Owner(s) of the applicable Unit(s), and all applicable lien holders and mortgagees of the concerned Unit(s), to the extent required by the Unit Ownership Act. Boundary walls must be equal in quality of design and construction to the existing boundary walls. 11.4 Load Bearing Walls. Notwithstanding any rights to remodel the Units, load bearing walls or other structural components of the Buildings may not be moved, modified, or structurally altered. 11.5 Activities. No unlawful activity shall be carried on in any Unit or upon the Common Elements nor shall anything be done by a Unit Owner (or the family members, guests or invitees of a Unit Owner) which may be or become an annoyance or a nuisance to the Unit Owners. No unreasonably noisy activity shall occur in or on the Common Elements or in any Unit at any time, and disputes among Unit Owners arising as a result of this provision which cannot be amicably resolved shall be arbitrated by the Board. No Unit Owner shall do or permit anything to be done or keep or permit to be kept in such Owner's Unit or on the Common Elements anything that will increase the rate of insurance on the Project without the written approval of the Board, and each Unit Owner who causes such an increase shall pay to the Association the increased cost of insurance premiums resulting from any activity or the maintenance of any such condition even if approved. Activities which are deemed offensive and are expressly prohibited include, but are not limited to, the following: any activity involving the use of firearms, fireworks, air rifles, pellet guns, BB guns, bows and arrows, or other similar dangerous weapons, projectiles, or devices. 11.6 Animals and Pets. No animals or fowl shall be kept, raised, or bred in any Unit. Notwithstanding the foregoing, a reasonable number of customary household pets may be kept in a Unit. Household pets includes domestic dogs, cats, and other customary household pets (such as fish and turtles) which may be kept only in Residential Units subject to the terms, conditions, and restrictions set forth herein. No permitted household pets shall be allowed to run at large or to be kept
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or raised for commercial purposes. Unit Owners are responsible for damage and waste caused by any permitted household pets associated with a Unit. Any Unit Owner who causes any impermissible animal to be brought or kept upon any Residential Unit or the Property shall indemnify and hold harmless the Associations (and all other Unit Owners) from any loss, damage, or liability which the Association (or a Unit Owner) may sustain as the result of the presence of such animal. In the event of any violation of this provision, the Board may assess fines for such violation in accordance with the Declaration, Bylaws, and any applicable Rules and Regulation or resolutions adopted by the Board. The Board may establish such other reasonable Rules and Regulations (including but not limited to the number of permitted household pets and pet deposits) concerning permitted household pets and other animals as it deems necessary.
11.7 Aesthetics. The Common Elements (including the Limited Common Elements appurtenant to the Units) shall not be used for storage of supplies, recreational equipment, materials, personal property, or trash or refuse of any kind, except as provided in a duly adopted Rules and Regulations or resolution. No unsightly conditions shall be maintained on the patio, porch, or deck of any Unit, or in any other area that is visible from the exterior of the Unit, and only furniture and equipment consistent with the normal and reasonable use of such areas shall be permitted to remain there during seasons when such areas are reasonably in use and no furniture or equipment of any kind shall be stored thereon during seasons when such areas are not reasonably in use.
11.8 Balconies and Porches. No clothes, banners, signs, or any other material shall be hung or displayed on balconies, porches, railings, or any siding or other fixture of the Building, including holiday décor. Additionally, bicycles may not be kept on balconies or porches. Cooking grills, or other cooking apparatuses are allowed on balconies and porches, but only those which use propane and not charcoal or any smokers or fryers.
11.9 Advertising and Signage. No signs or other advertising devices of any kind shall be displayed which are visible from the exterior of a Unit or on the Common Elements, including “For Sale” or “For Lease” signs, without the prior written authorization from the Board, which shall not be unreasonably withheld for purposes of advertising model units by the Declarant. All permitted signs are subject to regulation by the City of Bozeman.
11.10 Antennas. Except as approved by the Board or as installed and maintained in accordance with any Rules and Regulations or resolutions adopted by the Board, no exterior television, radio, satellite, or microwave antenna, or relating wiring, including any fiber or DSL lines, telephone lines, cable television transmission lines or cable or personal satellite televisions or computer or internet systems and other accessories of any sort shall be erected, maintained, or installed upon the exterior of any Unit or in any Common Elements. Any approved antenna, wiring, or accessories must be installed so as to minimize its visibility from other Units and the Common Elements, and to avoid damage or injury to property or persons.
11.11 Parking. All vehicles shall be parked in parking spaces appurtenant to or associated with the Unit, or in other designated or general parking spaces. No vehicles may be stored anywhere on the Property except in designated parking areas. The parking lot is for operable passenger motor vehicles including passenger cars and motorcycles, no other vehicles are permitted in the parking lot, including, but not limited to, storage trailers, campers, recreational vehicles, boats, golf carts, or allterrain vehicles. Motor vehicles parked in the parking lot shall be in good working order and Unit Owners are responsible for promptly cleaning and restoring any damage or leaks on the parking lot caused by the motor vehicles of the Unit Owner, or the Unit Owner’s guests or invitees. Neither the Declarant, Board, nor the Association shall have any duty
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to provide security in the parking lot and any security measures provided are merely an accommodation for the Unit Owners and shall not be deemed to be an assumption of liability on the part of the Declaration, Board, or Association. The Board may establish such other Rules and Regulations concerning parking as it deems reasonable and appropriate. During the Declarant Control Period, the Declarant has the sole and absolute discretion to identify any parking spaces which will be condominiumized to allow for the separate purchase of specific parking spaces in a manner determined by the Declarant. 11.12 Lights. Except as otherwise regulated by the Association, the Board may adopt Rules and Regulations regulating exterior lighting and seasonal holiday lighting.
11.13 Leasing and Short-Term Rentals. A Unit may only be leased by the Unit Owner in a fashion and for a use consistent with the restrictions set forth in this Declaration and in compliance with the terms of this Declaration, Bylaws, and applicable local, state, and federal laws, rules, regulations, codes, and ordinances. In addition, no Unit Owner may lease a Unit for a term of less than thirty (30) days, and no leasing, renting or letting of a Unit as a “Short Term Rentals” (also known as “vacation rentals”) is permitted, except for leases/rentals of at least thirty (30) days with the prior approval of the Board. Provided, however, the Declarant shall have the right to lease or rent a Unit without notice to the Board and on such terms as are acceptable to Declarant until the Unit is sold or otherwise conveyed to a thirdparty. A timeshare form of ownership, or any comparable form of lease, occupancy rights or ownership which as the effect of dividing the ownership or occupancy of a Unit into separate time periods, is prohibited. Any Unit Owner who leases or rents a Unit shall indemnify and hold harmless the Association (and all other Unit Owners) from any loss, damage, or liability which the Association (or a Unit Owner) may sustain resulting from the tenant’s activities on the Property, Building, or in the rented Unit.
11.14 Interior Remodeling and Improvements. Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick, or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows, and doors bounding its own Unit, and the interior thereof so long as such Unit Owner does not affect the structural integrity of the Building in which its Unit is located, or the General Common Elements or Limited Common Elements in which other Unit Owners have an interest. Each Unit may be improved with any appropriate fixtures and Improvements consistent with this Declaration and the Governing Documents, and the quality, character, and architecture of the Building. Improvements shall not encroach on the General Common Elements, or the Limited Common Elements unless specifically provided in this Declaration.
11.15 Liens for Alterations or Modifications. Each Unit Owner shall indemnify and hold harmless each of the other Unit Owners from and against all liability arising from the claim of any lien against the Unit or any other Owner 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 Unit Owner's request. 11.16 Reserved Rights of Declarant. None of the restrictions contained in this Section 11 shall apply to the activities, signs, or billboards, if any, of Declarant during the development and sales period or the Association in furtherance of its powers and purposes set forth herein, as the same may be amended from time to time. Notwithstanding anything to the contrary elsewhere herein, Declarant, its affiliates and their respective agents, contractors, and employees involved in the development of the Project shall have the right to maintain a sales office, a business office, a construction office, model Units, storage areas (for vehicles, machinery, equipment and material used or to be used in connection with the
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development work, sales, and marketing) and reasonable parking incident to the foregoing and such access to, from, and over the Project as may be reasonable to enable development and sale of the entire Project by Declarant (including, without limitation, development of the Buildings, Units, and recreational facilities, if any, in any phase of the Project) and may continue to do so during the entire development and sales period. In addition, Declarant reserves the right to change the type of construction, size, layout, location, architectural design, and principal construction materials of the Buildings and the Units therein; provided, however, that any Buildings and the Units therein shall be generally consistent with the quality of construction of Buildings and Units described in this Declaration. 11.17 Rules and Regulations. It is intended that the Board may make, amend, and repeal its Rules and Regulations from time to time that apply to the Project, Governing Documents, Unit Owners, and their family members, guests, and invitees. Such Rules and Regulations may govern use of the Common Elements and Units, the personal conduct of Unit Owners and their family members, guests, and invitees, and may govern construction, design criteria, and aesthetic standards so as to further the use, enjoyment, and aesthetics of the Project for the Owners. Such Rules and Regulations may also establish enforcement mechanisms, including penalties (including fines) for violation thereof. A copy of the Rules and Regulations and any amendments shall be provided to the Unit Owners upon request. Notwithstanding anything to the contrary herein, the Board shall not adopt any Rules and Regulations or resolutions that adversely affect the Declarant without the Declarant' s prior written consent.
SECTION 12. INSURANCE
12.1 Responsibility. Each Unit Owner is required to insure, to full replacement cost value, such Unit Owner’s interest in the Unit within the Unit boundaries (as described in Section 3.7), and all furniture, fixtures, equipment and all other items of personal property located with such Unit Owner’s Unit (including any inventory, supplies, and other items relating to the commercial operations in the Commercial Unit), against all risk of loss or damage. 12.2 Associated Policies. Insurance policies upon the Common Elements and the Units shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. 12.2.1 Named Insured – Association Insurance. The named insured under all policies purchased by the Association shall be the Association individually and 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 individual Units and personal property, and for their personal liability and living expense. 12.3 Coverage.
12.3.1 Property Insurance. All Common Elements of the Buildings or Property and other Improvements upon the Buildings or Property shall be insured by the Association to any amount equal to the full insurance replacement cost value and all personal property including in the Common Elements for the use of all Unit Owners shall be fully insured by the Association, with all such insurance to be based on current placement cost value, as determined annually by the Board in consultation with the insurer or its insurance agent,
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but subject to reasonable 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 from time to time to ensure that the insurance proceeds will be sufficient to cover replacement, repairs, or reconstructions. The Association shall obtain and continue in effect the following types of insurance, with “all risk” type protection if reasonably available, or the most similar coverages reasonably available (as determined by the Board):
12.3.1.1 Loss or damage by fire and other hazards; typically covered by a standard special clause or lost property policy form or its equivalent; 12.3.1.2 Specifically, such other perils, including flood and earthquake, as from time to time may be customarily covered with respect to buildings similar in construction, location, and use as the Buildings, if the Association so desires, in amounts to be determined by the Board;
12.3.1.3 Such other risks as from time to time shall be customarily covered with respect to buildings similar in construction, location, and use as the Buildings, including, but not limited to, vandalism, malicious mischief, general liability provisions, and umbrella/excess liability policies;
12.3.1.4 Errors or omissions insurance for the Directors, Officers, and Manager of the Association, if the Association so desires and in amounts to be determined by the Board; and
12.3.1.5 Such other property insurance as the Board shall determine from time to time to be desirable and as may be required by federal and state laws.
12.3.2 Public Liability. Comprehensive general liability in such amounts (but in no event less than $1,000,000.00 on a combined single limit basis) and with such coverage as shall be required by the Board in consultation with the insurer or its insurance agent from time to tie to provide insurance coverage that is adequate and customary for the Property, Buildings, and uses similar to the Project with cross-liability endorsements to cover liabilities of the Unit Owners as a group or to a specific Unit Owner. All Unit Owners shall be required to maintain at all times comprehensive general liability insurance, in a minimum amount of $300,000.00 for Residential Unit Owners and $1,000,000.00 for Commercial Unit Owners, and all such policies shall name the Association as an additional insured. 12.3.3 Other Insurance. Such other insurance as the Board shall determine from time to time to be desirable and as may be required by federal and state laws, insurers or guarantors. 12.3.4 Copies to Mortgagees. The Association, upon the written request of a Unit Owner, shall provide a copy of each insurance policy and all endorsements to the mortgagee of the Unit or the Unit Owner.
12.4 Premiums. Premiums for 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, misuse, occupancy, or abandonment of a Unit or its appurtenances or of the Common Elements by a Unit Owner shall be assessed against the Unit Owner.
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12.5 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 the Owners Association 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, and their mortgagees in the following shares, but which shares need not be set forth in the records of the Insurance Trustee:
12.5.1 Unit Owners. An undivided share for each Unit Owner, such share being the same as the Unit Owner's Percentage of Interest as identified in Exhibit D. 12.5.2 Mortgagees. In the event a mortgage endorsement has been issued as to a Unit, the share of the Unit Owner 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 the Unit Owner and mortgagee pursuant to the provision of this Declaration.
12.6 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: 12.6.1 Miscellaneous: Expenses of administration, the Insurance Trustee, and construction, or remodeling supervision shall be considered as part of the cost of construction, replacement, or repair. 12.6.2 Reconstruction or Repair. If 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 costs thereof as elsewhere provided. Any proceeds remaining after defraying such costs shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgages being payable jointly to them.
12.6.3 Failure to Reconstruct or Repair. If it is determined in the manner elsewhere provided that the damage for which the proceeds are paid shall not be reconstructed or repaired, the remaining proceeds shall be distributed to the beneficial owners, remittances to Unit Owners and their mortgages being payable jointly to them.
12.6.4 Certificate. In making distribution to Unit Owners and their mortgages, the Insurance Trustee may rely upon the Board or a Manager as to the names of the Unit Owners and their respective shares of the distribution.
12.7 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 Property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims.
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12.8 Benefit to Mortgagees. Certain provisions in this paragraph entitled “Insurance” are for the benefit of mortgagees or trust indenture beneficiaries of the Units, and all such provisions are covenants for the benefit of any mortgagee of a Unit and may be enforced by such mortgagee or beneficiary.
12.9 Reconstruction.
12.9.1 Repair After Casualty. If any part of the Six Range Condos shall be damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined in the following manner: 12.9.1.1 Lesser Damage. If a Unit or Units are found by the Board to be tenantable after the casualty, the damaged property shall be repaired. 12.9.1.2 Greater Damage. If a Unit or Units are found by the Board to not be tenantable after the casualty, the damaged property shall be reconstructed or rebuilt.
12.9.1.3 In the event the Association elects not to rebuild as herein provided and as set forth in §70-23-803, MCA, as amended, the insurance proceeds shall be used to satisfy any outstanding liens or encumbrances on the Property, and then disbursed to the affected owners as provided in §70-23-803, MCA, as amended. 12.9.1.4 Certificate. The Insurance Trustee may rely upon a certificate of the Board made by its president and secretary, or authorized officer to determine whether or not the damaged property is to be reconstructed or repaired.
12.10 Plans and Specifications. Any reconstruction or repair must be substantially completed in accordance with the plans and specifications of the original improvements, or alternatively, in accordance with the plans and specifications approved by not less than seventy-five percent (75%) of the aggregate Percentage of Interest of the Unit Owners and the eligible holders of first mortgages on Units, of which at least fifty-one percent (51%) of the votes of Units subject to mortgages held by such eligible holders are allocated. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to the Declaration. 12.11 Responsibility. The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair of the Property, and the Board or Manager shall work with the Insurance Trustee to carry out the provisions of this Section.
12.12 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 the funds for the payment of the costs thereof are insufficient, then Assessments shall be made against all Unit Owners in sufficient amounts to provide funds for the payment of any costs in excess of said proceeds or funds. Such Assessments shall be allocated in proportion to the Unit Owners’ Percentage of Interest. The Association will notify all Unit Owners when the Association determines that the proceeds of insurance will be sufficient to defray the costs of construction and repair.
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12.13 Construction Funds. The funds for payment of costs of reconstruction or repair after casualty, which shall consist of proceeds of insurance held by Insurance Trustee and funds collected by the Association from Assessments against Unit Owners, shall be disbursed in the discretion of the Insurance Trustee and in accordance with the contract for reconstruction or repair, after the Board and the Unit Owners involved have approved the contract.
12.14 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, then such balance shall be paid to the Association for the use and benefit of the Unit Owners.
12.15 Reversion. If a determination has been made in accordance with the Declaration to not rebuild the Units, and after payment of all insurance proceeds to Unit Owners in accordance with the terms and conditions herein, the real property on which the Units were erected will revert to the common ownership of all such Unit Owners as provided in §70-23-804, MCA, as amended. The percentage of common ownership of each Unit Owner shall be in proportion to the Unit Owners’ Percentage of Interest at the time of the damage or destruction.
12.16 Termination of Regime – Any election to terminate the Six Range Condos regime after substantial destruction or a substantial taking in condemnation of the Property must require the approval of a majority of the Percentage of Interest of the Unit Owners.
SECTION 13. REMOVAL OR PARTITION – SUBDIVISION
13.1 Removal or Partition. The Six Range Condos may only be removed from condominium ownership, and may only be partitioned or sold, upon compliance with each of the conditions herein: 13.1.1 The Board must approve the plans of removal, partition, or sale, including the details of how any sale or partition and distribution of the Property or funds shall be accomplished. 13.1.2 The plans of removal, partition, or sale must be approved as provided in the Unit Ownership Act. If approval for any of the forgoing is not required by the Unit Ownership Act then approval shall be required by at least seventy-five percent (75%) of the Percentage of Interest of the Unit Owners. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, or sale. 13.1.3 No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred, except as provided in the Declaration. Notwithstanding anything herein to the contrary, the Unit Owners of the Commercial Units may record such documents as are necessary to combine the Units into a single Unit. In such event, all provisions of the Declaration remain in effect and any subsequent action to divide the resulting Commercial Unit shall be subject to approval by all Unit Owners.
13.1.4 The Common Elements of the Six Range Condos shall not be abandoned, partitioned, subdivided, encumbered, sold, or otherwise transferred without compliance with all of the above requirements.
13.1.5 This Section 13 shall not apply to the sale of individual Units and shall not be considered as a right of first refusal.
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13.1.6 Any such removal, partition, division, subdivision or other plan under this Section 13 must be done in compliance with all application state and local laws, rules and regulations.
SECTION 14. REMEDIES
The remedies provided in the Declaration and the Bylaws shall not be exclusive of any other remedies which may now or hereafter be available to the parties hereto, as provided by law. All rights, remedies, and privileges granted to the Association or any Unit Owner pursuant to the terms, provisions, covenants or conditions of this Declaration or the Bylaws shall be deemed to be cumulative with such other rights, remedies, or privileges as may be available to such party under law or equity. The exercise of any one or more remedies shall not be deemed to constitute any election or waiver of remedies.
SECTION 15. MISCELLANEOUS
15.1 Severability. The provisions of the Declaration shall be deemed independent and severable and the invalidity, partial invalidity, or unenforceability of any one or more provisions shall not affect the validity or enforceability of any other provision of the Declaration. 15.2 Expenditures. With the exception of expenditures for emergency situations, no single expenditure or debt in excess of Ten Thousand U.S. Dollars ($10,000.00) may be made or incurred by the Association or its Manager without the prior approval of the Board. The limitation on single expenditures may be modified by the Board by written resolution without amendment to the Declaration. 15.3 Interpretation. The Association, by and through its Board, shall have the exclusive right to construe and interpret the provisions of the Declaration, these Bylaws, and the other Governing Documents. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Declarant’s (during the Declarant Control Period), and the Board’s (after the Declarant Control Period), construction or interpretation of the provisions hereof shall be final, conclusive and binding as to all persons, Members, Unit Owners, Units, and other property benefitted or bound by the provisions hereof.
15.4 Right to Examine Books. Every Unit Owner shall have the right to examine the books and records of the Association and of the Manager for the Project by giving written notice requesting such examination to the Board and the Manager. Upon receipt of such notice the party receiving the notice shall schedule a mutually agreeable date and time during normal business hours for the examination which date shall not be more than ten (10) days following the receipt of the notice requesting the examination.
15.5 Notice. Any notice required by the Declaration or the Bylaws shall be in writing and shall be deemed to have been received: (i) on the date such notice is personally delivered to a Unit Owner, the designated voter if a Unit is owned by multiple individuals or by a legal entity, or the Owner’s agent as identified in the Association’s records; (ii) on the postmarked date such notice is mailed through the United States Postal Service to the address on record with the Association, return receipt requested and postage prepaid; (iii) on the date such notice is accepted by a nationally recognized courier (e.g., UPS or Federal Express) to be delivered to the address on record with the Association; or (iv) on the date such notice is sent via email or facsimile transmission to, and a delivery receipt is obtained from, an Owner, the designed voter of the Unit Owner for Units owned by multiple individuals or by a legal entity, or the Owner’s agent as identified in the Association’s records. The Association’s principal mailing address on file with
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Montana’s Secretary of State shall be used to comply with this provision. The Unit Owner’s mailing address on file with the records of the Association shall be used to comply with this provision.
Unit Owners may change their mailing or email addresses for notice purposes by delivering written notice of such change to the Association by any method by which notice may be given in accordance with this Section. The mailing address of the Unit shall be the default address to which the Association shall provide all notices, unless a different address is on record with the Association.
15.6 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Montana.
15.7 Binding Effect. 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 respective heirs, personal representatives, successors, and assigns of each.
15.8 Attorney’s Fees. If any Unit Owner defaults in making a payment on Assessments or in the performance or observation of any provision of this Declaration or the Governing Documents, and the Association has obtained the services of an attorney in connection therewith, then the Unit Owner covenants and agrees to pay the Association any costs or fees incurred, including reasonable attorney’s fees, regardless of whether legal proceedings are instituted, as well as costs of collection. Additionally, in the event of any action to enforce the obligations and covenants contained herein, the prevailing party shall be entitled to recover their costs, including reasonable attorney’s fees, as well as costs of collection and actions on appeal.
15.9 Service of Process. The name and address of the person to receive service of process for the Association, until another designation is filed of record, shall be the registered agent for the Association on file with the Montana Secretary of State. 15.10 Warranties. The Declarant expressly makes no warranties or representations concerning the property, the Units, the Declaration, the Bylaws, or the deeds of conveyance except as specifically set forth therein. Estimates of Common Expenses are believed accurate, but no warranty or guarantee is made or is intended, nor may one be relied upon.
15.11 No Waiver. Failure to enforce any provisions of the Declaration, the Bylaws, or the other Governing Documents shall not operate as a waiver of any such provisions or of any other provision of the Declaration, the Bylaws, or the other Governing Documents.
15.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original of this Agreement binding on the parties hereto.
15.13 Amendments. No amendment or modification of this Agreement shall be effective unless reflected in a document executed and delivered by all parties hereto.
15.14 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the transactions contemplated herein and supersedes all prior understandings or agreements between the parties.
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IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Chapter 23, Title 70, MCA. SIX RANGE CONDOS, LLC a Delaware limited liability company, by SIX RANGE CONDOS HOLDINGS, LLC a Delaware limited liability company, by OUTLAW AGGREGATOR, LLC a Delaware limited liability company, by OUTLAW REAL ESTATE PARTNERS, LLC a Delaware limited liability company, its Manager By: ________________________________ Name: ________________________________ Title: ________________________________ Date: _______________________________ STATE OF ___________ ) :ss. COUNTY OF ____________ ) On this _______ day of ____________, 2022, before me, a notary public in and for the State of ______________, personally appeared _____________________ known to me to be the person whose name is subscribed to the within instrument and acknowledged to be that he executed the same in his capacity as ____________________ of ________________________, LLC, a Delaware limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal as of the day and year first above written. __________________________________ Notary Public for the State of __________
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EXHIBIT A
LEGAL DESCRIPTION
Tract Al of Minor Subdivision No. 338, located in the Southwest¼ of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, 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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EXHIBIT B
SITE PLAN (see attached Site Plan)
WDWDWDWDWDWDWDWDWDWDWDWDWDWDUPWDWDWDWDWDWDWDW DWD W DWD
WDDNUPWDWDWDWDWD W D W D W DWDWD
WDWDW D
DNUPWDWDWDWDWDWD WDWDWD DN456 SFCirculationC184 SFStair / ElevNORTH STAIR714 SF1 BD -GL1I714 SF1 BD -GL -MIRRORED1C714 SF1 BD -GL1B725 SF1 BD -GL -MIRRORED1A1433 SF3 BD -GL1F87 SFStorageS714 SF1 BD -GL -MIRRORED1H714 SF1 BD -GL -MIRRORED1J1070 SF2 BD -GL1K100 SFMech.M714 SF1 BD -GL1D714 SF1 BD -GL -MIRRORED1E163 SFStair / ElevENTRY STAIR83 SFStair / ElevELEV1042 SF2 BD -3 Bay -Knuckle1M1040 SF2 BD -3 Bay -Knuckle -MIRRORED1N681 SF1 BD -Knuckle1LBuilding Area Legend1 BD - GL1 BD - GL - MIRRORED1 BD - Knuckle2 BD - 3 Bay - Knuckle2 BD - 3 Bay - Knuckle - MIRRORED2 BD - GL3 BD - GLCirculationMech.Stair / ElevStorageUtility19 SFMech.M210 SFStair / ElevMID STAIR62 SFUtilityU714 SF1 BD -GL -MIRRORED1G261 SFUtilityU1921 SFCirculationC1323 SF3 BD -4 Bay2I987 SF2 BD -3 Bay -MIRRORED2H987 SF2 BD -3 Bay2F986 SF2 BD -3 Bay -MIRRORED2G93 SFMech.M646 SF1 BD -2 Bay2E986 SF2 BD -3 Bay -MIRRORED2C991 SF2 BD -3 Bay -MIRRORED2B991 SF2 BD -3 Bay2A1325 SF3 BD -4 Bay2D683 SF1 BD -Knuckle2J1125 SF2 BD -3 Bay -Knuckle -MIRRORED2L1128 SF2 BD -3 Bay -Knuckle2K17 SFUtilityU1128 SF2 BD -3 Bay -Knuckle3L1913 SFCirculationC1016 SF2 BD -3 Bay -Knuckle -MIRRORED3K673 SF1 BD -2 Bay -MIRRORED3G93 SFMech.M1015 SF2 BD -3 Bay -Knuckle3J1014 SF2 BD -3 Bay -Knuckle3H987 SF2 BD -3 Bay -Knuckle -MIRRORED3E676 SF1 BD -2 Bay3F1014 SF2 BD -3 Bay -Knuckle3C673 SF1 BD -2 Bay3D1020 SF2 BD -3 Bay -Knuckle3B679 SF1 BD -2 Bay -MIRRORED3A770 SFRoof DeckROOF DECK1128 SF2 BD -3 Bay -Knuckle -MIRRORED3M673 SF1 BD -2 Bay -MIRRORED3I17 SFUtilityU1600 SFCirculationC986 SF2 BD -3 Bay4H646 SF1 BD -2 Bay4E986 SF2 BD -3 Bay4C991 SF2 BD -3 Bay4B1329 SF3 BD -4 Bay -MIRRORED4A988 SF2 BD -3 Bay -MIRRORED4D93 SFMech.M985 SF2 BD -3 Bay -MIRRORED4I1323 SF3 BD -4 Bay -MIRRORED4F986 SF2 BD -3 Bay4G17 SFUtilityUSCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 20'-0"7/5/2022 1:17:25 PMAA0.1720001Area Plans -Building ASix Range CondominiumsBuilding X -XXXX Set -XX/XX/XXXXPaine Group4270 W Babcock Street, Bozeman MT1" = 20'-0"1Building A - Level 11" = 20'-0"2Building A - Level 21" = 20'-0"3Building A - Level 31" = 20'-0"4Building A - Level 4BUILDING A - GROSS AREA1 BD - 2 Bay 4 2640 SF1 BD - 2 Bay - MIRRORED 3 2025 SF1 BD - GL 3 2142 SF1 BD - GL - MIRRORED 6 4296 SF1 BD - Knuckle 2 1364 SF2 BD - 3 Bay 6 5927 SF2 BD - 3 Bay - Knuckle 7 7361 SF2 BD - 3 Bay - Knuckle - MIRRORED 5 5296 SF2 BD - 3 Bay - MIRRORED 6 5923 SF2 BD - GL 1 1070 SF3 BD - 4 Bay 2 2648 SF3 BD - 4 Bay - MIRRORED 2 2652 SF3 BD - GL 1 1433 SFCirculation 4 5891 SFMech. 5 398 SFRoof Deck 1 770 SFStair / Elev 4 640 SFStorage 1 87 SFUtility 5 375 SFTotal52937 SF1A 1 BD - GL - MIRRORED 725 SF1B 1 BD - GL 714 SF1C 1 BD - GL - MIRRORED 714 SF1D 1 BD - GL 714 SF1E 1 BD - GL - MIRRORED 714 SF1F 3 BD - GL 1433 SF1G 1 BD - GL - MIRRORED 714 SF1H 1 BD - GL - MIRRORED 714 SF1I 1 BD - GL 714 SF1J 1 BD - GL - MIRRORED 714 SF1K 2 BD - GL 1070 SF1L 1 BD - Knuckle 681 SF1M 2 BD - 3 Bay - Knuckle 1042 SF1N 2 BD - 3 Bay - Knuckle - MIRRORED 1040 SF2A 2 BD - 3 Bay 991 SF2B 2 BD - 3 Bay - MIRRORED 991 SF2C 2 BD - 3 Bay - MIRRORED 986 SF2D 3 BD - 4 Bay 1325 SF2E 1 BD - 2 Bay 646 SF2F 2 BD - 3 Bay 987 SF2G 2 BD - 3 Bay - MIRRORED 986 SF2H 2 BD - 3 Bay - MIRRORED 987 SF2I 3 BD - 4 Bay 1323 SF2J 1 BD - Knuckle 683 SF2K 2 BD - 3 Bay - Knuckle 1128 SF2L 2 BD - 3 Bay - Knuckle - MIRRORED 1125 SF3A 1 BD - 2 Bay - MIRRORED 679 SF3B 2 BD - 3 Bay - Knuckle 1020 SF3C 2 BD - 3 Bay - Knuckle 1014 SF3D 1 BD - 2 Bay 673 SF3E 2 BD - 3 Bay - Knuckle - MIRRORED 987 SF3F 1 BD - 2 Bay 676 SF3G 1 BD - 2 Bay - MIRRORED 673 SF3H 2 BD - 3 Bay - Knuckle 1014 SF3I 1 BD - 2 Bay - MIRRORED 673 SF3J 2 BD - 3 Bay - Knuckle 1015 SF3K 2 BD - 3 Bay - Knuckle - MIRRORED 1016 SF3L 2 BD - 3 Bay - Knuckle 1128 SF3M 2 BD - 3 Bay - Knuckle - MIRRORED 1128 SF4A 3 BD - 4 Bay - MIRRORED 1329 SF4B 2 BD - 3 Bay 991 SF4C 2 BD - 3 Bay 986 SF4D 2 BD - 3 Bay - MIRRORED 988 SF4E 1 BD - 2 Bay 646 SF4F 3 BD - 4 Bay - MIRRORED 1323 SF4G 2 BD - 3 Bay 986 SF4H 2 BD - 3 Bay 986 SF4I 2 BD - 3 Bay - MIRRORED 985 SFBUILDING A -AREA PLANS -1ST FLOORBUILDING A -AREA PLANS -2ND FLOORBUILDING A -AREA PLANS -3RD FLOORBUILDING A -AREA PLANS -4TH FLOOR
268 SFCirculationC207 SFCirculationC352 SFUtilityU726 SF1 BD -GL1I184 SFCirculationC110 SFMech.M731 SF1 BD -GL -MIRRORED1H714 SF1 BD -GL1G714 SF1 BD -GL1E1433 SF3 BD -GL -MIRRORED1B683 SF1 BD -Knuckle -MIRRORED1A364 SFCirculationC92 SFCirculationC164 SFCirculationENTRY STAIR720 SF1 BD -GL -MIRRORED1L714 SF1 BD -GL -MIRRORED1F712 SF1 BD -GL1C1428 SF3 BD -GL -MIRRORED1J714 SF1 BD -GL -MIRRORED1D256 SFCirculationC347 SFStorageS121 SFCirculationC4682 SFAmmenityA78 SFCirculationCBuilding Area Legend1 BD - GL1 BD - GL - MIRRORED1 BD - Knuckle - MIRRORED3 BD - GL - MIRROREDAmmenityCirculationMech.StorageUtility198 SFMech.M82 SFUtilityU714 SF1 BD -GL1K987 SF2 BD -3 Bay -Knuckle -MIRRORED2U1019 SF2 BD -3 Bay2K673 SF1 BD -2 Bay2J1014 SF2 BD -3 Bay2I96 SFMech.M1014 SF2 BD -3 Bay2D674 SF1 BD -2 Bay2B682 SF1 BD -Knuckle -MIRRORED2A1014 SF2 BD -3 Bay2E1014 SF2 BD -3 Bay2G1017 SF2 BD -3 Bay2C1014 SF2 BD -3 Bay2F1019 SF2 BD -3 Bay2L1863 SFCirculationC679 SF1 BD -2 Bay2M1328 SF3 BD -4 Bay -MIRRORED2N987 SF2 BD -3 Bay2O986 SF2 BD -3 Bay2P986 SF2 BD -3 Bay2Q986 SF2 BD -3 Bay2R986 SF2 BD -3 Bay2T993 SF2 BD -3 Bay2V987 SF2 BD -3 Bay -Knuckle -MIRRORED2S673 SF1 BD -2 Bay2H1719 SFCirculationC81 SFMech.M106 SFMech.M680 SF1 BD -2 Bay -MIRRORED2WBuilding Area Legend1 BD - 2 Bay1 BD - 2 Bay - MIRRORED1 BD - Knuckle - MIRRORED2 BD - 3 Bay2 BD - 3 Bay - Knuckle - MIRRORED3 BD - 4 Bay - MIRROREDCirculationMech.SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 20'-0"7/5/2022 3:20:37 PMAB0.1020001Area Plans -Building BSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MT..1" = 20'-0"1Building B - Level 11" = 20'-0"2Building B - Level 22 BD - 3 Bay Not Placed1A 1 BD - Knuckle - MIRRORED 683 SF1B 3 BD - GL - MIRRORED 1433 SF1C 1 BD - GL 712 SF1D 1 BD - GL - MIRRORED 714 SF1E 1 BD - GL 714 SF1F 1 BD - GL - MIRRORED 714 SF1G 1 BD - GL 714 SF1H 1 BD - GL - MIRRORED 731 SF1I 1 BD - GL 726 SF1J 3 BD - GL - MIRRORED 1428 SF1K 1 BD - GL 714 SF1L 1 BD - GL - MIRRORED 720 SF2A 1 BD - Knuckle - MIRRORED 682 SF2B 1 BD - 2 Bay 674 SF2C 2 BD - 3 Bay 1017 SF2D 2 BD - 3 Bay 1014 SF2E 2 BD - 3 Bay 1014 SF2F 2 BD - 3 Bay 1014 SF2G 2 BD - 3 Bay 1014 SF2H 1 BD - 2 Bay 673 SF2I 2 BD - 3 Bay 1014 SF2J 1 BD - 2 Bay 673 SF2K 2 BD - 3 Bay 1019 SF2L 2 BD - 3 Bay 1019 SF2M 1 BD - 2 Bay 679 SF2N 3 BD - 4 Bay - MIRRORED 1328 SF2O 2 BD - 3 Bay 987 SF2P 2 BD - 3 Bay 986 SF2Q 2 BD - 3 Bay 986 SF2R 2 BD - 3 Bay 986 SF2S 2 BD - 3 Bay - Knuckle - MIRRORED 987 SF2T 2 BD - 3 Bay 986 SF2U 2 BD - 3 Bay - Knuckle - MIRRORED 987 SF2V 2 BD - 3 Bay 993 SF2W 1 BD - 2 Bay - MIRRORED 680 SFBUILDING B -AREA PLANS -1ST FLOORBUILDING B -AREA PLANS -2ND FLOOR
1015 SF2 BD -3 Bay -Knuckle -MIRRORED3Q1919 SFCirculationC96 SFMech.M1019 SF2 BD -3 Bay -MIRRORED3K1019 SF2 BD -3 Bay -MIRRORED3J1014 SF2 BD -3 Bay -MIRRORED3H1014 SF2 BD -3 Bay -MIRRORED3D1017 SF2 BD -3 Bay -MIRRORED3B1014 SF2 BD -3 Bay -MIRRORED3C1014 SF2 BD -3 Bay -MIRRORED3E673 SF1 BD -2 Bay -MIRRORED3A774 SFRoof DeckROOF DECK1014 SF2 BD -3 Bay -MIRRORED3F673 SF1 BD -2 Bay -MIRRORED3I673 SF1 BD -2 Bay -MIRRORED3G677 SF1 BD -2 Bay -MIRRORED3L678 SF1 BD -2 Bay -MIRRORED3M673 SF1 BD -2 Bay3N680 SF1 BD -2 Bay3W1015 SF2 BD -3 Bay -Knuckle -MIRRORED3O1014 SF2 BD -3 Bay -Knuckle -MIRRORED3P1014 SF2 BD -3 Bay -Knuckle -MIRRORED3S1015 SF2 BD -3 Bay3R1016 SF2 BD -3 Bay3T1013 SF2 BD -3 Bay -MIRRORED3U1021 SF2 BD -3 Bay -MIRRORED3V107 SFMM81 SFMech.MBuilding Area Legend1 BD - 2 Bay1 BD - 2 Bay -MIRRORED2 BD - 3 Bay2 BD - 3 Bay - Knuckle- MIRRORED2 BD - 3 Bay -MIRROREDCirculationMMech.Roof Deck987 SF2 BD -3 Bay -MIRRORED4K681 SF1 BD -2 Bay -MIRRORED4P678 SF1 BD -2 Bay4G1329 SF3 BD -4 Bay4H986 SF2 BD -3 Bay -MIRRORED4I988 SF2 BD -3 Bay -MIRRORED4J986 SF2 BD -3 Bay -MIRRORED4L987 SF2 BD -3 Bay -MIRRORED4M988 SF2 BD -3 Bay -MIRRORED4N987 SF2 BD -3 Bay -Knuckle4O994 SF2 BD -3 Bay -Knuckle4Q1834 SFCirculationC106 SFMech.M86 SFMech.M1168 SF1 BD -LU4A105 SFMech.M1164 SF1 BD -LU4D1164 SF1 BD -LU4B1175 SF1 BD -LU4C1250 SFCirculation42030 SF3 BD -LU4E2298 SF3 BD -LU4FBuilding Area Legend1 BD - 2 Bay1 BD - 2 Bay - MIRRORED1 BD - LU2 BD - 3 Bay - Knuckle2 BD - 3 Bay - MIRRORED3 BD - 4 Bay3 BD - LUCirculationMech.SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 20'-0"7/5/2022 3:20:44 PMAB0.1120001Area Plans -Building BSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MT..1" = 20'-0"1Building B - Level 31" = 20'-0"2Building B - Level 4BUILDING B - GROSS AREA1 BD - 2 Bay 7 4730 SF1 BD - 2 Bay - MIRRORED 7 4737 SF1 BD - GL 5 3580 SF1 BD - GL - MIRRORED 4 2879 SF1 BD - Knuckle - MIRRORED 2 1366 SF1 BD - LU 4 4672 SF2 BD - 3 Bay 16 16080 SF2 BD - 3 Bay - Knuckle 2 1980 SF2 BD - 3 Bay - Knuckle -MIRRORED6 6032 SF2 BD - 3 Bay - MIRRORED 16 16081 SF3 BD - 4 Bay 1 1329 SF3 BD - 4 Bay - MIRRORED 1 1328 SF3 BD - GL - MIRRORED 2 2861 SF3 BD - LU 2 4327 SFAmmenity 1 4682 SFCirculation 15 11957 SFM 1 107 SFMech. 10 1064 SFRoof Deck 1 774 SFStorage 1 347 SFUtility 2 434 SFTotal91347 SF3A 1 BD - 2 Bay - MIRRORED 673 SF3B 2 BD - 3 Bay - MIRRORED 1017 SF3C 2 BD - 3 Bay - MIRRORED 1014 SF3D 2 BD - 3 Bay - MIRRORED 1014 SF3E 2 BD - 3 Bay - MIRRORED 1014 SF3F 2 BD - 3 Bay - MIRRORED 1014 SF3G 1 BD - 2 Bay - MIRRORED 673 SF3H 2 BD - 3 Bay - MIRRORED 1014 SF3I 1 BD - 2 Bay - MIRRORED 673 SF3J 2 BD - 3 Bay - MIRRORED 1019 SF3K 2 BD - 3 Bay - MIRRORED 1019 SF3L 1 BD - 2 Bay - MIRRORED 677 SF3M 1 BD - 2 Bay - MIRRORED 678 SF3N 1 BD - 2 Bay 673 SF3O 2 BD - 3 Bay - Knuckle - MIRRORED 1015 SF3P 2 BD - 3 Bay - Knuckle - MIRRORED 1014 SF3Q 2 BD - 3 Bay - Knuckle - MIRRORED 1015 SF3R 2 BD - 3 Bay 1015 SF3S 2 BD - 3 Bay - Knuckle - MIRRORED 1014 SF3T 2 BD - 3 Bay 1016 SF3U 2 BD - 3 Bay - MIRRORED 1013 SF3V 2 BD - 3 Bay - MIRRORED 1021 SF3W 1 BD - 2 Bay 680 SF4A 1 BD - LU 1168 SF4B 1 BD - LU 1164 SF4C 1 BD - LU 1175 SF4D 1 BD - LU 1164 SF4E 3 BD - LU Not Placed4E 3 BD - LU 2030 SF4F 3 BD - LU Not Placed4F 3 BD - LU 2298 SF4G 1 BD - 2 Bay 678 SF4H 3 BD - 4 Bay 1329 SF4I 2 BD - 3 Bay - MIRRORED 986 SF4J 2 BD - 3 Bay - MIRRORED 988 SF4K 2 BD - 3 Bay - MIRRORED 987 SF4L 2 BD - 3 Bay - MIRRORED 986 SF4M 2 BD - 3 Bay - MIRRORED 987 SF4N 2 BD - 3 Bay - MIRRORED 988 SF4O 2 BD - 3 Bay - Knuckle 987 SF4P 1 BD - 2 Bay - MIRRORED 681 SF4Q 2 BD - 3 Bay - Knuckle 994 SFBUILDING B -AREA PLANS -3RD FLOORBUILDING B -AREA PLANS -4TH FLOOR
714 SF1 BD -GL -MIRRORED1J714 SF1 BD -GL -MIRRORED1C1041 SF2 BD -3 Bay -Knuckle -MIRRORED1R1044 SF2 BD -3 Bay -Knuckle1Q689 SF1 BD -Knuckle1P719 SFCirculationC193 SFCirculationC181 SFCirculation?229 SFMech.M114 SFMech.M19 SFMech.?77 SFStorageS725 SF1 BD -GL -MIRRORED1A714 SF1 BD -GL1B714 SF1 BD -GL1E728 SF1 BD -GL -MIRRORED1F714 SF1 BD -GL1G714 SF1 BD -GL -MIRRORED1H714 SF1 BD -GL1I714 SF1 BD -GL1K714 SF1 BD -GL -MIRRORED1L714 SF1 BD -GL1M714 SF1 BD -GL -MIRRORED1N1079 SF2 BD -GL1O714 SF1 BD -GL1D62 SFUtilityU1125 SF2 BD -3 Bay -Knuckle -MIRRORED2N1130 SF2 BD -3 Bay -Knuckle2M380 SFCirculationC1781 SFCirculationC127 SFMech.M992 SF2 BD -3 Bay -MIRRORED2A987 SF2 BD -3 Bay -MIRRORED2C992 SF2 BD -3 Bay -MIRRORED2B988 SF2 BD -3 Bay -MIRRORED2D987 SF2 BD -3 Bay -MIRRORED2E987 SF2 BD -3 Bay2F987 SF2 BD -3 Bay -MIRRORED2I988 SF2 BD -3 Bay2K1324 SF3 BD -4 Bay2H1330 SF3 BD -4 Bay -MIRRORED2J644 SF1 BD -2 Bay2G687 SF1 BD -Knuckle2L1131 SF2 BD -3 Bay -Knuckle -MIRRORED3N2129 SFCirculationC1131 SF2 BD -3 Bay -Knuckle3M829 SFRoof DeckROOF DECK1020 SF2 BD -3 Bay -Knuckle3B1019 SF2 BD -3 Bay -Knuckle -MIRRORED3A1014 SF2 BD -3 Bay -Knuckle3D1015 SF2 BD -3 Bay -Knuckle3F1017 SF2 BD -3 Bay -Knuckle3K1014 SF2 BD -3 Bay3J1018 SF2 BD -3 Bay -MIRRORED3L987 SF2 BD -3 Bay -MIRRORED3E986 SF2 BD -3 Bay -MIRRORED3C674 SF1 BD -2 Bay3H674 SF1 BD -2 Bay3I1014 SF2 BD -3 Bay -Knuckle3G129 SFMech.MBuilding Area Legend1 BD - 2 Bay2 BD - 3 Bay2 BD - 3 Bay - Knuckle2 BD - 3 Bay - Knuckle - MIRRORED2 BD - 3 Bay - MIRROREDCirculationMech.Roof Deck1268 SF3 BD -4 Bay4D1869 SFCirculationC989 SF2 BD -3 Bay4B991 SF2 BD -3 Bay4A987 SF2 BD -3 Bay4C987 SF2 BD -3 Bay -MIRRORED4F986 SF2 BD -3 Bay -MIRRORED4G987 SF2 BD -3 Bay -MIRRORED4I993 SF2 BD -3 Bay -MIRRORED4K988 SF2 BD -3 Bay -MIRRORED4J1324 SF3 BD -4 Bay -MIRRORED4H644 SF1 BD -2 Bay4E128 SFMech.M3491 SFRoof DeckROOK DECK144 SFUtilityUSCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 20'-0"7/5/2022 3:47:19 PMAC0.1720001Area Plans -Building CSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTDRC Site Re-Submittal 2021.12.081" = 20'-0"1Building C - Level 11" = 20'-0"2Building C - Level 21" = 20'-0"3Building C - Level 3BUILDING C - GROSS AREA1 BD - 2 Bay 4 2636 SF1 BD - GL 7 4998 SF1 BD - GL - MIRRORED 7 5024 SF1 BD - Knuckle 2 1376 SF2 BD - 3 Bay 6 5955 SF2 BD - 3 Bay - Knuckle 8 8384 SF2 BD - 3 Bay - Knuckle - MIRRORED 4 4316 SF2 BD - 3 Bay - MIRRORED 14 13862 SF2 BD - GL 1 1079 SF3 BD - 4 Bay 2 2592 SF3 BD - 4 Bay - MIRRORED 2 2654 SFCirculation 7 7252 SFMech. 6 746 SFRoof Deck 2 4320 SFStorage 1 77 SFUtility 2 206 SFTotal65477 SF1" = 20'-0"4Building C - Level 41" = 20'-0"5Building C - Roof Deck1A 1 BD - GL - MIRRORED 725 SF1B 1 BD - GL 714 SF1C 1 BD - GL - MIRRORED 714 SF1D 1 BD - GL 714 SF1E 1 BD - GL 714 SF1F 1 BD - GL - MIRRORED 728 SF1G 1 BD - GL 714 SF1H 1 BD - GL - MIRRORED 714 SF1I 1 BD - GL 714 SF1J 1 BD - GL - MIRRORED 714 SF1K 1 BD - GL 714 SF1L 1 BD - GL - MIRRORED 714 SF1M 1 BD - GL 714 SF1N 1 BD - GL - MIRRORED 714 SF1O 2 BD - GL 1079 SF1P 1 BD - Knuckle 689 SF1Q 2 BD - 3 Bay - Knuckle 1044 SF1R 2 BD - 3 Bay - Knuckle - MIRRORED 1041 SF2A 2 BD - 3 Bay - MIRRORED 992 SF2B 2 BD - 3 Bay - MIRRORED 992 SF2C 2 BD - 3 Bay - MIRRORED 987 SF2D 2 BD - 3 Bay - MIRRORED 988 SF2E 2 BD - 3 Bay - MIRRORED 987 SF2F 2 BD - 3 Bay 987 SF2G 1 BD - 2 Bay 644 SF2H 3 BD - 4 Bay 1324 SF2I 2 BD - 3 Bay - MIRRORED 987 SF2J 3 BD - 4 Bay - MIRRORED 1330 SF2K 2 BD - 3 Bay 988 SF2L 1 BD - Knuckle 687 SF2M 2 BD - 3 Bay - Knuckle 1130 SF2N 2 BD - 3 Bay - Knuckle - MIRRORED 1125 SF3A 2 BD - 3 Bay - Knuckle - MIRRORED 1019 SF3B 2 BD - 3 Bay - Knuckle 1020 SF3C 2 BD - 3 Bay - MIRRORED 986 SF3D 2 BD - 3 Bay - Knuckle 1014 SF3E 2 BD - 3 Bay - MIRRORED 987 SF3F 2 BD - 3 Bay - Knuckle 1015 SF3G 2 BD - 3 Bay - Knuckle 1014 SF3H 1 BD - 2 Bay 674 SF3I 1 BD - 2 Bay 674 SF3J 2 BD - 3 Bay 1014 SF3K 2 BD - 3 Bay - Knuckle 1017 SF3L 2 BD - 3 Bay - MIRRORED 1018 SF3M 2 BD - 3 Bay - Knuckle 1131 SF3N 2 BD - 3 Bay - Knuckle - MIRRORED 1131 SF4A 2 BD - 3 Bay 991 SF4B 2 BD - 3 Bay 989 SF4C 2 BD - 3 Bay 987 SF4D 3 BD - 4 Bay 1268 SF4E 1 BD - 2 Bay 644 SF4F 2 BD - 3 Bay - MIRRORED 987 SF4G 2 BD - 3 Bay - MIRRORED 986 SF4H 3 BD - 4 Bay - MIRRORED 1324 SF4I 2 BD - 3 Bay - MIRRORED 987 SF4J 2 BD - 3 Bay - MIRRORED 988 SF4K 2 BD - 3 Bay - MIRRORED 993 SFBUILDING C -AREA PLANS -1ST FLOORBUILDING C -AREA PLANS -2ND FLOORBUILDING C -AREA PLANS -3RD FLOORBUILDING C -AREA PLANS -4TH FLOOR
904 SFOffice564 SFCafe978 SFCommon191 SFConf.Building Area LegendBathroomCafeCirc.CommonConf.Mech.Office160 SFMech.150 SFCirc.155 SFBathroom243 SFCirc.58 SFCirc.48 SFCirc.300 SFCirc.1628 SFOffice201 SFOffice76 SFBathroom172 SFConf.480 SFCirc.SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 10'-0"7/5/2022 11:18:33 AMAD0.03Project NumberArea PlansSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTPreliminary Not For Construction1" = 10'-0"1Level 1 - Gross Area Plan1" = 10'-0"2Level 2 - Gross Area PlanBUILDING D - GROSS AREAF.F. Level 1Bathroom155 SFCafe564 SFCirc.800 SFCommon978 SFConf.191 SFMech.160 SFOffice904 SFF.F. Level 2Bathroom76 SFCirc.480 SFConf.172 SFOffice1829 SFTotal6310 SF
312 SFUNIT A719 SFUNIT A764 SFUNIT B312 SFUNIT B719 SFUNIT C312 SFUNIT CBuilding Area LegendUNIT AUNIT BUNIT C942 SFUNIT A170 SFUNIT A979 SFUNIT B170 SFUNIT B942 SFUNIT C170 SFUNIT CBuilding Area LegendUNIT AUNIT BUNIT CSCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1" = 10'-0"6/20/2022 2:14:49 PMAT0.102001Area PlansSix Range TriplexPaine Group4270 W Babcock Street, Bozeman MTDRC Site Plan Re-Submittal 2021.01.071" = 10'-0"1MAIN FLOOR1" = 10'-0"2SECOND FLOORArea Schedule (Gross Building)UNIT ALEVEL ONE GARAGE 312 SFLEVEL ONE CONDITIONED 719 SFLEVEL TWO CONDITIONED 942 SFLEVEL TWO COVERED DECK 170 SFUNIT BLEVEL ONE CONDITIONED 764 SFLEVEL ONE GARAGE 312 SFLEVEL TWO CONDITIONED 979 SFLEVEL TWO COVERED DECK 170 SFUNIT CLEVEL ONE CONDITIONED 719 SFLEVEL ONE GARAGE 312 SFLEVEL TWO CONDITIONED 942 SFLEVEL TWO COVERED DECK 170 SF
Six Range Condos Declaration
32
EXHIBIT C
CERTIFICATE OF FLOOR PLANS AND FLOOR PLANS (see attached Floor Plan) The undersigned, being a duly registered professional architect in the State of Montana, certifies the following: That the floor plans for the Six Range Condos situated according to the official plat thereof on file and of record in the Office of the Clerk and Recorder of Gallatin County, Montana, as duly filed and attached with this Declaration and Bylaws thereof, fully and accurately depicts the layout, location, unit designations, and dimensions as built of the Six Range Condos and that such floor plans are an accurate copy of the plans filed with and approved by the officials and officers of Gallatin County, which has jurisdiction to issue building permits. Dated: _________________, 2022 ________________________________________ NAME:__________________________________ TITLE: Registered Professional Architect NUMBER: _______________________________
14' - 0"22' - 6"6' - 0"22' - 6"14' - 0"22' - 6"6' - 0"22' - 6"14' - 0"14' - 0"2' - 0"22' - 6"14' - 0"14' - 0"22' - 6"2' - 0"14' - 0"14' - 0"14' - 0"14' - 0"2' - 0"22' - 6"SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1/4" = 1'-0"7/5/2022 12:16:42 PMAU5.020001Legal Plans -1 BDSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTProgress Set -NOT FOR CONSTRUCTION1/4" = 1'-0"11 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"21 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"31 BD - 2 Bay - FLOOR PLAN1/4" = 1'-0"41 BD - 2 Bay - FLOOR PLAN1/4" = 1'-0"51 BD - Knuckle - FLOOR PLAN1/4" = 1'-0"61 BD - 2 Bay - FLOOR PLAN
14' - 0"14' - 0"14' - 0"24' - 6"14' - 0"14' - 0"14' - 0"24' - 6"14' - 0"14' - 0"22' - 6"6' - 0"22' - 6"14' - 0"14' - 0"14' - 0"2' - 0"22' - 6"14' - 0"14' - 0"14' - 0"2' - 0"22' - 6"SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1/4" = 1'-0"7/5/2022 12:16:46 PMAU5.120001Legal Plans -2 BDSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTProgress Set -NOT FOR CONSTRUCTION1/4" = 1'-0"12 BD - 3 Bay - Mirrored - FLOOR PLAN1/4" = 1'-0"22 BD - 3 Bay - FLOOR PLAN1/4" = 1'-0"32 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"42 BD - 3 Bay - Knuckle - FLOOR PLAN1/4" = 1'-0"52 BD - 3 Bay - Knuckle - FLOOR PLAN
14' - 0"14' - 0"22' - 6"6' - 0"22' - 6"14' - 0"14' - 0"22' - 6"6' - 0"22' - 6"14' - 0"14' - 0"14' - 0"24' - 6"14' - 0"14' - 0"14' - 0"24' - 6"SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1/4" = 1'-0"7/5/2022 12:16:49 PMAU5.220001Legal Plans -3 BDSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTProgress Set -NOT FOR CONSTRUCTION1/4" = 1'-0"33 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"43 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"13 BD - 4 Bay - FLOOR PLAN1/4" = 1'-0"23 BD - 4 Bay - FLOOR PLAN
14' - 0"14' - 0"14' - 0"14' - 0"14' - 0"14' - 0"24' - 6"14' - 0"14' - 0"14' - 0"14' - 0"14' - 0"14' - 0"24' - 6"6' - 0"SCALE:DRAWN:PROJECT NO:PO box 1001 Bozeman, MT 59771DATE:1/4" = 1'-0"7/5/2022 12:16:52 PMAU5.320001Legal Plans -3 BDSix Range CondominiumsPaine Group4270 W Babcock Street, Bozeman MTProgress Set -NOT FOR CONSTRUCTION1/4" = 1'-0"13 BD - Ground Level - FLOOR PLAN1/4" = 1'-0"23 BD - Ground Level - FLOOR PLAN
Six Range Condos Declaration
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EXHIBIT D
PERCENTAGE OF INTEREST (see attached Percentage of Interest spreadsheet)
Six Range Condos Declaration
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EXHIBIT E
CERTIFICATE OF NAME
The undersigned being the duly authorized agent of the Department of Revenue of the State of Montana within Gallatin County, executes the following certificate relating to the Six Range Condos, as described in Exhibit A attached hereto, situated as follows:
Tract Al of Minor Subdivision No. 338, located in the Southwest¼ of Section 10, Township 2 South, Range 5 East, P.M.M., City of Bozeman, 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.
1. That the name “Six Range Condos” 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 Six Range Condos have been paid to date. Dated: _______________, 2022 Department of Revenue of The State of Montana By:__________________________________ Agent for Gallatin County (Gallatin County Assessor)
Six Range Condos Declaration
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EXHIBIT F
GALLATIN COUNTY CERTIFICATE OF EXEMPTION (see attached)
Six Range Condos Declaration
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EXHIBIT G
STORMWATER MAINTENANCE PLAN (see attached)
STORMWATER MAINTENANCE PLAN I. GENERAL INFORMATION. The proposed stormwater mitigation system for the Six Range Condos is located within the public rights-of-way and common open spaces. The proposed stormwater mitigation system will be operated and maintained by the Six Range Condominium Owners Association, Inc. (“Association”) or the Association’s designated property manager (“Property Manager”). The Association or the Property Manager shall be responsible for ensuring the following maintenance scheduled is complied with. II. STORMWATER MITIGATION SYSTEM FACILITIES MAINTENANCE SCHEDULE. a. Site Housekeeping. The site housekeeping will be conducted continuously as needed. The main cause of stormwater facility damage is poor site housekeeping. Sediment tracked onto pavement can be washed into stormwater appurtenances and damage these facilities. Trash can clog conveyance structures, potentially causing damages to the facilities or other property damage. Site housekeeping consists of the following: • Keep sidewalk and pavement areas clean; • Clear debris from all curb cuts and storm chases • Pick up trash; and • Restore damaged landscaping in order to prevent sediment runoff. b. System Monitoring. Monitoring of the stormwater mitigation system will be conducted quarterly, unless prevented due to weather or other conditions. The stormwater mitigation system shall be inspected quarterly to quickly identify any issues, including small issues, prior to potentially expensive damage occurring. In addition to regular monitoring, the ideal time to inspect the performance of the stormwater mitigation system is during runoff events. System monitoring consists of the following: • Observe system during runoff to identify any issues, including ponding outside of stormwater inlets. Ponding can indicate a clogged inlet or pipe; and • Inspect all components of the stormwater mitigation system, including, but not limited to, inlets, curbs, sidewalk chase, manholes, and pipes. c. Stormwater Mitigation System Quarterly Maintenance. All components of the stormwater mitigation system can acquire sediment and debris buildup. If this sediment and debris is not periodically removed, it can cause undesired ponding and clogging. If this sediment and debris is not periodically removed it can wash downstream and clog infiltration facilities. The components of the stormwater mitigation system need to be inspected and cleaned as needed. The quarterly maintenance consists of the following: • Inspect components of the stormwater mitigation system for sediment and debris; • Remove visible sediment and debris from components of the stormwater mitigation system; and • Check for damage to components of the stormwater mitigation system and repair as needed. d. Stormwater Mitigation System Long-Term Maintenance. This stormwater mitigation system maintenance will be conducted long-term when necessary. If regular housekeeping and maintenance is not performed adequately, sediment and debris can accumulate in the stormwater mitigation system and the components of its facilities and clog them beyond repair. The long-term maintenance consists of the following: • Dry wells should be inspected annually to ensure no trash, vegetation, or sediment has built up in the bottom of the dry well structures; • Inspect downspouts connected to dry wells to ensure leaf filters are not clogged; • Inspect for sediment and debris in the stormwater mitigation system and remove as needed; and
• If greater than three inches (3”) of sediment is present in stormwater mitigation system then hire a contractor to remove the sediment from the stormwater mitigation system. e. Detention Ponds Long-Term Maintenance. This maintenance is to be conducted on an annual basis, unless otherwise specified. If regular housekeeping and maintenance is not performed adequately, sediment and debris can accumulate in the stormwater detention ponds and could negatively affect the stormwater capacity. Detention pond maintenance consists of the following: • Inspect sediment accumulation annually; • Inspect for noxious weeds or undesirable vegetation semi-annually during the typical growing season (i.e. March through October); • Inspect water levels after storm events; • Inspect for oil sheens and trash on a monthly basis; • Inspect inlet and outlet piping on a quarterly basis or after any storm events; and • Inspect interiors of catch basins, chases, and manholes for debris and sediment. f. Permeable Interlocking Concrete Pavers (“PICP”) Maintenance. PICP maintenance consists of the following: • Winter Maintenance: - Ensure snow is not stockpiled on PICP surface; - Ensure only joint aggregate stone is used for traction as needed; - Remove snow with standard plow or snow blowing equipment; - Deicing salt may be used on PICP, consistent with proper application and appropriate salt type. The use of sand should be avoided for winter traction. • Normal Maintenance: - Inspect surface of PICP for ponding after large storm events. If ponding is observed, identify areas with clogged sediment or debris and vacuum or otherwise remove sediment or debris and replace or repair any damaged areas of PICP; - A dry mechanical or regenerative air-type sweeper may be used during dry periods to remove encrusted sediment, leaves, grass clippings, or other debris; and - The use of pressure washers to clean joints should be avoided.