HomeMy WebLinkAboutFile Documents.605 W Hopkins Ave.0167.2018 (2).ARBK CONDOMINIUM DECLARATION
FOR THE LITTLE AJAX CONDOMINIUMS
WHEREAS, ASPEN GK III, LLC, a Colorado limited liability company, hereinafter
"Declarant,"is the owner of that real property,and the improvements thereon,situated in the County of
Pitkin,State of Colorado,more fully described in Exhibit"A"attached hereto and made apart hereof;
and
WHEREAS,Declarant desires to establish a condominium project under the Colorado Common
Interest Ownership Act,C.R.S. §38-33.3-101,et seq.,of Colorado on said real property(the"Project");
'WHEREAS, the improvements to said real property include four (4) buildings and
improvements within the real property described on Exhibit"A", such improvements consisting of
fourteen(14) separately designated deed restricted residential condominium units;
WHEREAS,Declarant does hereby establish a plan for the ownership in fee simple of the real
property estates currently constructed on the real property described on Exhibit"A",consisting of the
area or space contained in each of the air space units in the building improvements currently
constructed,and the co-ownership by the individual and separate owners thereof,as tenants in common,
of all of the remaining property hereinafter defined and referred to as the Common Elements.
NOW, THEREFORE, Declarant does hereby publish and declare that the following terms,
covenants,conditions,easements,restrictions,uses,limitations and obligations shall be deemed to run
with the land,shall be a burden and a benefit to Declarant,its successors or assigns,and any person or
entity acquiring or owning an interest in the real property and improvements, and their devisees or
assigns.
I. DEFINITIONS
1. Unless the context shall expressly provide otherwise, the following definitions shall apply:
1.1 Allocated Interests. "Allocated Interests" means the undivided interest in the Common
Elements,the Common Expense Liability,and votes in the Association.
1.2 Association. "Association" means the Little Ajax Condominium Association.
1.3 Building. "Building"means any building constructed on the Property.
1.4 Bylaws. "Bylaws" means the instrument adopted by the Association for its regulation and
management, together with any amendments thereto.
1.5 Common Elements. "Common Elements" means all portions of the Project other than the
Units, as shown on the Map.
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1.6 Common Expense Liability. "Common Expense Liability"means the liability for Common
Expenses allocated to each Unit.
1.7 Common Expenses. "Common Expenses"means expenditures made or liabilities incurred by
or on behalf of the Association,together with any allocations to reserves.
1.8 Declarant. "Declarant"means the owner of the real property described on Exhibit"A"as of
the date of this Declaration, as described in the opening paragraph of this Declaration.
1.9 Declaration. "Declaration" means this instrument creating the Project including any
amendments or supplements hereto and also the plats and maps of the Little Ajax
Condominium Association.
1.10 Executive Board. "Executive Board"means the body designated herein to act on behalf of the
Association.
1.11 General Common Element."General Common Element"means all Common Elements except
Limited Common Elements, as shown on the Map.
1.12 Limited Common Element. "Limited Common Element" means a portion of the Common
Elements allocated herein or by operation of law for the exclusive use of one or more Units and
fewer than all of the Units,including assigned parking spaces and assigned storage spaces.
1.13 Map. "Map"means the condominium map of the Project as described in Section 2.1 hereof and
filed in the map records of Pitkin County, Colorado, together with any amendments or
supplements thereto.
1.14 Person. "Person" means a natural person, a corporation, a partnership, a limited liability
company,an association,a trust, or any other entity or any combination thereof.
1.15 Points. "Points"are numerical figures assigned to each Unit to fix the proportionate interest of
the Unit Owner in Common Elements, and the proportionate share of the total assessments
levied by the Association to be borne by that Unit Owner. The number of points assigned to
each Unit is set forth in Exhibit"B"hereto. "Total points"means the total of points assigned
for all Units in the Project.
1.16 Project. "Project"means the Little Ajax Condominium Affordable Housing Project
located on the Property,pursuant to the plats and maps thereof recorded in the records of the
Pitkin County Clerk and Recorder from time to time.
1.17 Real Property and Property. "Real Property"and"Property"means the real property located in
Pitkin County,Colorado,described in Exhibit"A"attached hereto,together with all rights and
interests appurtenant thereto.
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1.18 Special Declarant Rights. "Special Declarant Rights"means rights reserved for the benefit of
the Declarant to complete improvements indicated on the plats and maps filed with this
Declaration; to use easements through the Common Elements for the purpose of making
improvements within the Project;or to appoint or remove any officer of the Association or any
Executive Board member during the period of Declarant Control.
1.19 Unit. "Unit"means a physical portion of the Project which is designated for separate ownership
or occupancy and the boundaries of which are described in or determined from this Declaration.
To the extent the mechanical room for a Unit,as shown on the Map,is located outside of,and
immediately adjacent to, such Unit,said mechanical room shall constitute a part of such Unit.
1.20 Unit Owner. "Unit Owner"means the Declarant or other Person who owns a Unit,but does not
include a person having an interest in a Unit solely as security for an obligation. The Declarant
is the owner of any Unit created by this Declaration until the Unit is conveyed to another
Person.
1.21 CIOA. "CCIOA"means the Colorado Common Interest Ownership Act,C.R.S. §38-33.3-101,
et seq.
II. DECLARATION AND EFFECT THEREOF
2.1 Condominium Map. In addition to the requirements of C.R.S. §33-33.3-209, the Map shall
depict and show at least the following:
(a) The legal description of the land and a survey thereof; the location of the Buildings;the
floor and elevation plans;the location of the Units within the Buildings,both horizon tally
and vertically; the thickness of the common walls between or separating the Units; the
location of any structural components or supporting elements of a Unit located within a
Building;and the Building and Unit designations.
(b) The Map shall contain the certificate of a registered Colorado land surveyor or licensed
architect, or both, certifying that the Map substantially depicts the location and the
horizontal and vertical measurements of the Buildings,the Units,the Unit designations,
the dimensions of the Units, the elevations of the unfinished floors and ceilings as
constructed,the Building number or symbol,and that the Map was prepared subsequent to
substantial completion of the improvements. Any amendment to the Map shall set forth a
like certificate when appropriate. In interpreting the Map the existing physical boundaries
of each separate Unit as constructed shall be conclusively presumed to be its boundaries.
Declarant reserves the right to amend or supplement the Map, from time to time, to
conform the same according to the actual location of any of the constructed improvements
or to reflect construction of additional improvements, to establish, vacate and relocate
easements, access road easements,and on-site parking areas, and to otherwise correct or
conform the map to reflect locations of improvements, additions,or changes in the Real
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Property which are consistent with and in accordance with the terms and provisions of the
Declaration.
2.2 Division Into Condominium Units. The Project is hereby divided into fourteen (14) Units.
Said Units are shown on the condominium map and are designated thereon. Each Unit consists
of a separate fee simple estate in a particular Unit and an appurtenant undivided fee simple
interest in and to the Common Elements. Each Unit Owner shall own an undivided interest in
the appurtenant Common Elements as a tenant in common with the other Unit Owners. Each
Unit Owner shall have the nonexclusive right to use and enjoy the General Common Elements
as designated on the condominium map and shall have the exclusive right to use and enjoy any
Limited Common Elements which are designated for such exclusive use with respect to his or
her particular Unit, subject to the provisions of this Declaration.
2.3 Undivided Interests in Common Elements. The undivided interest in Common Elements
appurtenant to a particular Unit is a fraction, the numerator of which is the number of points
assigned to that Unit as set forth in Exhibit"B"attached hereto and the denominator of which is
the total points in the Project as set forth in Exhibit`B"attached hereto. Each Unit Owner shall
own his or her appurtenant undivided interest in Common Elements as a tenant in common with
all other Unit Owners.
2.4 Limited Common Elements.
(a) A portion of the Common Elements including parking and storage space,is reserved for
the exclusive use of individual owners of the respective Units. The Limited Common
Elements are allocated as shown on the Map. Such allocation may not be altered without
the consent of the Unit Owners whose Units are affected. The Association shall be
obligated, to maintain,repair and replace all Limited Common Elements.
(b) Without limiting the generality of the foregoing,said obligation shall include keeping the
Limited Common Elements in good condition, order and repair; keeping the Limited
Common Elements safe; and, making necessary or desirable alterations, additions,
betterments or improvements to or on the Limited Common Elements.No prior approval
of Unit Owners shall be required for such work but prior approval of the Association,
acting through its officers or Executive Board, shall be required for any alterations,
additions,betterments,improvements,repairs or replacements to the Limited Common
Elements.
(c) The Limited Common Elements shall include those described in Section 1.12 of this
Declaration,and shall also include any other portion of the Common Elements allocated
for the exclusive use of one or more and fewer than all of the Units,as identified on the
Map.
2.5 Description of a Condominium Unit.
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(a) Any instrument affecting a Unit may legally describe it in the following form:
Condominium Unit ,Building ,Little Ajax Condominiums,
pursuant to the Condominium Declaration recorded at Reception Number
of the real property records of Pitkin County,Colorado.
(b) Any conveyance or other instrument affecting title to a Unit or any part thereof describing
the Unit in substantially the foregoing form shall be deemed to include and describe the
entire Unit including the appurtenant undivided interest in Common Elements and all of
the rights,easements,obligations,limitations,encumbrances,conditions and restrictions
benefiting or burdening the Unit under the terms of this Declaration.
(c) Any reference to a Unit in the Little Ajax Condominiums in any description shall mean a
Unit in the Little Ajax Condominiums according to the Map and this Declaration,all as filed
and recorded in the office of the Clerk and Recorder of Pitkin County,Colorado.
2.6 Duration of Condominium Ownership. The condominium ownership of the Project created
under this Declaration shall continue until this Declaration is terminated or revoked as
hereinafter provided.
2.7 Inseparability of Condominium Unit. The interest of a Unit Owner in a Unit and the
appurtenant undivided interest in Common Elements allocated to such Unit shall be inseparable
for the period of condominium ownership hereinabove described.
2.8 Partition of Common Elements not Permitted. The Common Elements shall be owned in
common by all Unit Owners, and no Unit Owner may bring any action for partition thereof.
2.9 Ad Valorem Taxation. All taxes,assessments and other charges of the State of Colorado or of
any political subdivision or of any special improvement district or of any other taxing or
assessing authority shall be assessed against and collected on each Unit separately and not any
Building or the Project as a whole and each Unit shall be carried on the tax books as a separate
and distinct parcel. For the purposes of valuation for assessment,the valuation of the Common
Elements shall be apportioned among the Units in proportion to the fractional undivided
interest in Common Elements appurtenant to and part of the Units. The Declarant shall deliver
to the County Assessor of Pitkin County,Colorado a written notice as required by the CCIOA,
setting forth descriptions of the Units and shall furnish all necessary information with respect to
such apportionment of valuation of Common Elements for assessment. The lien for taxes
assessed to any Unit shall be confined to that Unit. No forfeiture or sale of any Unit for
delinquent taxes, assessments or other governmental charges shall divest or in any way affect
the title to any other Unit.
2.10 Mechanics Lien. No labor performed or materials furnished for use in connection with any
Unit with the consent or at the request of the owner thereof or his agent, contractor, or
subcontractor shall create any right to file a statement of mechanic's lien against the Unit of any
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other Unit Owner not expressly consenting to or requesting the same or against any interest in
the Common Elements except the undivided interest therein appurtenant to the Unit of the Unit
Owner for whom such labor shall have been performed and such materials shall have been
furnished. Each Unit Owner shall indemnify and hold harmless each of the other Unit Owners
from and against liability or loss arising from the claim of any lien against the Unit,or any part
thereof,or any other Unit Owner for labor performed or for materials furnished in work on the
first Unit Owner's Unit. At the written request of any Unit Owner, the Association shall
enforce such indemnity by collecting from the owner of the Unit on which the labor was
performed and materials furnished the amount necessary to discharge any such lien,including
all costs incidental thereto,including attorney fees. If not promptly paid,the Association may
collect the same in the manner provided herein for collection of assessments.
2.11 Unit Boundaries; Subdivision.
(a) If walls, floors, or ceilings are designated as boundaries of a Unit, all lath, furring,
wallboard, plasterboard, plaster, paneling, tiles, wallpaper,paint,and finished flooring
and any other materials constituting any part of the finished surfaces thereof are a part of
the Unit,and all other portions of the walls,floors,or ceilings are a part of the Common
Elements.
(b) If any chute,flue,duct,wire,conduit,bearing wall,bearing column,or other fixture lies
partially within and partially outside the designated boundaries of a Unit, any portion
thereof serving only that Unit is a Limited Common Element allocated solely to that Unit,
and any portion thereof serving more than one Unit or any portion of the Common
Elements is a part of the Common Elements.
(c) Subject to the above,all spaces, interior partitions,and other fixtures and improvements
within the boundaries of a Unit are a part of the Unit.
(d) Any shutters,awnings,window boxes,doorsteps,stoops,mailboxes,porches,balconies,
storage units and patios and all exterior doors and windows or other fixtures designed to
serve a single Unit, but located outside the Unit's boundaries, are Limited Common
Elements allocated exclusively to that Unit.
(e) The boundaries between adjoining Units may not be relocated.
(f) A Unit may not be subdivided into two or more Units.
(g) A Limited Common Element may be reallocated between or among Units if the owners of
those Units, as the applicants, submit an application for approval of the proposed
reallocation to the Executive Board, which application shall be executed by those Unit
Owners and shall include:
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(1) The proposed form for an amendment to the Declaration as may be necessary to
show the reallocation of Limited Common Elements between or among Units;
(2) A deposit against attorney fees and costs which the Association will incur in
reviewing and effectuating the application,in an amount reasonably estimated by the
Executive Board; and
(3) Such other information as maybe reasonably requested by the Executive Board.No
reallocation shall be effective without the approval of the Executive Board. The
reallocation shall be effectuated by an amendment signed by the Association and by
those Unit Owners between or among whose Units the reallocation is made,which
amendment shall be recorded as provided in C.R.S. §38-33.3-217(3).All costs and
attorney fees incurred by the Association as a result of the application shall be the
sole obligation of the applicants.
III. VARIOUS RIGHTS AND EASEMENTS
3.1 Special Declarant Rights. The Special Declarant Rights defined herein may be exercised by
Declarant for a period of two(2)years from the date hereof.
3.2 Owner's Rights in General Common Elements. Subject to the other provisions of this
Declaration,each Unit Owner,and each Unit Owner's guests,shall have a nonexclusive right to
use and enjoy the General Common Elements,provided there is no hindrance or encroachment
upon the rights and enjoyment of other Unit Owners.
3.3 Owner's Rights in Units. Subject to the other provisions of this Declaration,each Unit Owner
shall have full and complete dominion and ownership of the Unit which is owned by such Unit
Owner,and such Unit Owner's guests shall have the exclusive right to use and enjoy the same.
Each Unit Owner shall have the right to paint,repaint,tile,wax,paper and otherwise refinish
and decorate the interior surfaces of the walls, ceilings, floors and doors which are the
boundaries of such owner's Unit and the walls, ceilings and floors and doors within the
boundaries of such owner's Unit. A Unit Owner may make any improvements or alterations to
his or her Unit that do not impair the structural integrity, electrical systems, or mechanical
systems or lessen the support of any portion of another owner's Unit or a common element. A
Unit Owner may not change the appearance of the Common Elements without the approval of
the Association.
3.4 Association Rights and Easements. The Association shall have a nonexclusive right and
easement to make such use of the Common Elements and Units as may be necessary or
appropriate for it to perform the duties and functions which it is obligated or permitted to
perform under this Declaration;provided,however, that any entry into a Unit shall be made
with as little inconvenience as practicable to the applicable Unit Owner and that any damage to
the Unit entered shall be repaired by,and at the expense of,the Association.
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3.5 Easements for Encroachments. If any Unit or part of the Common Elements encroaches or
shall hereafter encroach upon another Unit or Common Element, a valid easement for such
encroachment and for the maintenance of the same shall and does exist. The easement does not
relieve a Unit Owner of liability in case of willful misconduct nor relieve the Declarant or any
other person of liability for failure to adhere to the plat and Map. Such encroachments shall not
be considered to be encumbrances either on the Common Elements or a Unit. Encroachments
referred to herein include,but are not limited to,encroachments caused by error in the original
construction of the Building,by error in the Map,by settling,rising or shifting of the earth,or
by changes in position caused by repair or reconstruction of the Project or any part thereof.
3.6 Easements in Units for Repair,Maintenance and Replacement. Some of the Common Elements
are or may be located within a Unit or may be conveniently accessible only through a Unit.
Each Unit Owner shall have an easement,which may be exercised by the Association as such
Owner's agent, and the Association shall have an easement for access to each Unit and to all
Common Elements from time to time during such reasonable hours as may be necessary for the
maintenance, repair or replacement of any of the Common Elements located therein or
accessible therefrom or for making emergency repairs therein necessary to prevent damage to
the Common Elements or to any Unit. Each Unit Owner shall afford to the Association and to
the agents and employees of the Association, access through such owner's Unit reasonably
necessary for these purposes.
3.7 Easements Deemed Appurtenant. The easements and rights herein created for a Unit Owner
shall be appurtenant to the Unit of that Unit Owner and all conveyances of and other
instruments affecting title to a Unit shall be deemed to grant and reserve the easements and
rights as are provided for herein,even though no specific reference to such easements appears
in any such conveyance.
IV. RIGHTS, POWERS AND OBLIGATIONS OF THE ASSOCIATION
4.1 Association as Attomey-in-Fact for Owners. The Association is hereby irrevocably appointed
by Declarant, as owner of all Units, as attorney-in-fact for Declarant and its successors and
assigns as Unit Owners and each of them to manage,control and deal with the interest of such
Unit Owners in Common Elements so as to permit the Association to fulfill all of its duties and
obligations hereunder and to exercise all of its rights hereunder; to deal with the Project upon
its destruction or obsolescence as hereinafter provided;and to deal with and handle insurance
and insurance proceeds and condemnation and condemnation awards in accordance with the
provisions of this Declaration. The acceptance by any person or entity of any interest in any
Unit shall constitute an appointment by that person or entity of the Association as attorney-in-
fact as above provided.
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4.2 Powers of Association. The Association may:
(a) Adopt and amend bylaws and rules and regulations;
(b) Adopt and amend budgets for revenues, expenditures, and reserves and collect
assessments for Common Expenses from Unit Owners;
(c) Hire and terminate managing agents and other employees, agents, and independent
contractors;
(d) Institute,defend,or intervene in litigation or administrative proceedings in its own name
on behalf of itself or two or more Unit Owners on matters affecting the Project;
(e) Make contracts and incur liabilities;
(f) Regulate the use, maintenance, repair, replacement, and modification of Common
Elements;
(g) Cause additional improvements to be made as a part of the Common Elements;
(h) Acquire,hold,encumber and convey in its own name any right,title,or interest to real or
personal property, subject to the provisions of Section 4.4 hereof and except that the
Common Elements may only be conveyed or subjected to a security interest pursuant to
C.R.S. §38-33.3-312;
(i) Grant easements, leases, licenses, and concessions through or over the Common
Elements;
(j) Impose and receive any payments,fees,or charges for the use,rental,or operation of the
Common Elements other than Limited Common Elements described in Section 1.12;
(k) Impose charges for late payment of assessments,recover reasonable attorneys' fees and
other legal costs for collection of assessments and other actions to enforce the power of
the Association,regardless of whether or not suit was initiated,and,after notice and an
opportunity to be heard, levy reasonable fines for violations of this Declaration, the
Bylaws,and the rules and regulations of the Association;
(1) Impose reasonable charges for the preparation and recordation of amendments to this
Declaration or statements of unpaid assessments;
(m) Provide for the indemnification of its officers and Executive Board and maintain
directors' and officers'liability insurance;
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(n) Assign its right to future income, including the right to receive Common Expense
assessments,but only to the extent this Declaration expressly so provides;
(o) Exercise any other powers conferred by this Declaration or the Bylaws;
(p) Exercise all other powers that may be exercised in Colorado by legal entities of the same
type; and
(q) Exercise any other powers necessary and proper for the government and operation of the
Association.
4.3 Common Elements and Utilities.
(a) Except as provided in Section 2.4 regarding Limited Common Elements,the Association
shall be obligated to and shall provide for the care,operation,management,maintenance,
improvement,repair and replacement of the Common Elements and for utility service to
the Common Elements and to Units. Without limiting the generality of the foregoing,
said obligations shall include keeping the Common Elements in good, clean, attractive
and sanitary condition,order and repair;removing snow and any other materials from the
Common Elements to permit access to the Project and any Unit;keeping the Project safe,
attractive and desirable;making necessary or desirable alterations,additions,betterments
or improvements to or on the General Common Elements; and paying utility charges
except separately metered utilities which shall be paid by the owner or user of the space
served thereby. No prior approval of Unit Owners shall be required for such work but
prior approval of the Association,acting through its officers or Executive Board,shall be
required for all such work. Each Unit Owner shall afford to the Association,all the other
Unit Owners, and to their agents and employees, access through such owner's Unit
reasonably necessary for these purposes.
(b) If damage is inflicted, or a strong likelihood exists that it will be inflicted, on the
Common Elements or any Unit through which access is taken, the Unit Owner
responsible for the damage, or expense to avoid damage, or the Association if it is
responsible, is liable for the cost of prompt repair.
(c) Maintenance,repair or replacement of any drainage structure or facilities,or other public
improvements required by the City of Aspen,Colorado as a condition of development or
any part thereof shall be the responsibility of the Association,unless such improvements
have been dedicated to and accepted by the City of Aspen,Colorado for the purpose of
maintenance,repair,or replacement or unless such maintenance,repair,or replacement
has been authorized by law to be performed by a special district or other governmental
entity.
(d) In addition to the liability that the Declarant as a Unit Owner has under this article, the
Declarant alone is liable for all expenses in connection with real estate subject t•
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development rights. No other Unit Owner and no other portion of the common interest
community is subject to a claim for payment of those expenses. Unless this Declaration
provides otherwise, any income or proceeds from real estate subject to development
rights inures to the Declarant.
4.4 Conveyance or Encumbrance of Common Elements. The Common Elements or any portion
thereof,may be subjected to a security interest by the Association,if Persons entitled to cast at
least seventy-five percent(75%)of the votes in the Association,including seventy-five percent
(75%) of the votes allocated to Units not owned by the Declarant,agree to that action; except
that all owners of Units to which any Limited Common Element is allocated must agree in
order to subject it to a security interest.
4.5 Accounting,Billing and Record Keeping. The Association shall maintain such records,keep
such accounts and do such billing and collecting as is needed in connection with its activities
and under this Declaration. Financial records shall be sufficiently detailed to enable the
Association to comply with Section 6.9 concerning statements of and liens for unpaid
assessments.
4.6 Labor and Services. The Association may obtain and pay for the services of any Person to
manage its affairs,or any part thereof,to the extent it deems advisable, as well as such other
personnel as the Association shall determine to be necessary or desirable for the proper
operation of the Project, whether such personnel are furnished or employed directly by the
Association or by any person with whom or which it contracts. The Association may obtain
and pay for legal and accounting services necessary or desirable in connection with the
operation of the Project or the enforcement of this Declaration. The Association may arrange
with others to furnish lighting,heating,water,trash collection,sewer service and other common
services to each Unit.
4.7 Personal Property of Association. The Association may acquire and hold tangible and
intangible personal property and may dispose of the same by sale or otherwise. Subject to the
rules and regulations of the Association, each Unit Owner may use such property. Upon
termination of condominium ownership of the Project and dissolution of the Association,the
beneficial interest in any such property shall be deemed to be owned by the then Unit Owners in
the same proportion as their respective interests in the Common Elements.
4.8 Rules and Regulations. The Association may make and enforce reasonable and uniformly
applied rules and regulations governing the use of Units and Common Elements. The
Association shall make reasonable efforts to furnish each Unit Owner with a written copy of
each rule or regulation adopted pursuant to this section. The Association may suspend any Unit
Owner's voting rights in the Association or right to use any recreational facility which may be
part of the Common Elements during any period or periods during which such Unit Owner fails
to comply with such rules and regulations or with any other obligations of such owner under
this Declaration. The Association may also take judicial action against any owner to enforce
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compliance with such rules, regulations or other obligations, or to obtain damages for
noncompliance.
4.9 Implied Rights. The Association shall have and may exercise any right or privilege given to it
expressly by this Declaration, or reasonably to be implied from the provisions of this
Declaration, or given or implied by law, or which may be necessary or desirable to fulfill its
duties, obligations,rights or privileges.
4.10 Association as Trustee. With respect to a third Person dealing with the Association in the
Association's capacity as a trustee,the existence of trust powers and their proper exercise by the
Association may be assumed without inquiry. A third Person is not bound to inquire whether
the Association has the power to act as trustee or is properly exercising trust powers. A third
person,without actual knowledge that the Association is exceeding or improperly exercising its
powers, is fully protected in dealing with the Association as if it possessed and properly
exercised the powers it purports to exercise. A third Person is not bound to assure the proper
application of trust assets paid or delivered to the Association in its capacity as trustee.
V. THE ASSOCIATION
5.1 General Purposes and Powers. The Association has been or will be incorporated as a Colorado
nonprofit corporation, to be and constitute the Association to which reference is made in this
Declaration,to perform functions and hold and manage property as provided in this Declaration
and to further the interests of Unit Owners in the Project. The Association shall have all
necessary or desirable to effectuate these purposes.
5.2 Regular Membership, There shall be one regular membership in the Association for each Unit,
which regular membership shall be appurtenant to the fee simple title to such Unit. Each Unit
Owner shall automatically be the owner of the regular membership appurtenant to such Unit
and title to and ownership of the regular membership for the Unit shall automatically pass with
fee simple title to the Unit. Each owner of a Unit shall automatically be entitled to the benefits
and subject to the burdens relating to the regular membership for that Unit. If fee simple title to
a Unit is held by more than one(1)Person, the regular membership appurtenant to that Unit
shall be shared by all such Persons in the same proportionate interest and by the same type of
ownership as fee simple title to the Unit is held. Regular membership in the Association shall
be limited to Unit Owners.
5.3 Declarant's Membership/Control. Declarant shall have and be deemed to hold a membership
in the Association, proportionate to its ownership of Units. The period of Declarant Control
shall commence on the date of incorporation of the Association and shall end no later than the
earliest of(a) sixty(60)days after conveyance of seventy-five percent(75%)of the Units that
may be created to Unit Owners other than Declarant, (b) two years after the last conveyance of
a Unit by the Declarant in the ordinary course of business,or(c)two years after any right to add
new Units was last exercised. During the period of Declarant Control,Declarant shall have the
right to appoint and remove the officers and members of the Executive Board of the
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Association and the approval of Declarant shall be required as a condition to amendment of this
Declaration,amendment to the Articles of Incorporation of the Association,amendment to the
Bylaws, and to merger, consolidation or dissolution of the Association. Such rights shall
terminate upon expiration of the period of Declarant Control.Notwithstanding the above, no
later than sixty days after conveyance of twenty-five percent of the Units that may be created to
Unit Owners other than the Declarant, at least one member and not less than twenty-five
percent(25%) of the members of the Executive Board must be elected by Unit Owners other
than the Declarant,and not later than sixty(60)days after conveyance of fifty percent(50%)of
the Units that may be created to Unit Owners other than the Declarant,not less than thirty-three
and one-third percent(33.33%)of the members of the Executive Board must be elected by Unit
Owners other than the Declarant.
5.4 Executive Board.
(a) Not later than the termination of any period of Declarant Control,the Unit Owners shall
elect an Executive Board of at least three (3) members. Except during the period of
Declarant Control, an Executive Board member must be a Unit Owner or, solely with
respect to any Unit Owner that is not a natural person,a designated representative of such
Unit Owner. The Executive Board shall elect the officers. The Executive Board
members elected by the Unit Owners and the officers appointed by the Executive Board,
shall take office upon termination of the period of Declarant membership. The first
meeting of the elected Executive Board shall be held within sixty (60) days after the
termination of the period of Declarant Control.
(b) The affairs of the Association shall be managed by the Executive Board which may,
however,by resolution,delegate any portion of its authority to an executive committee or
other committee appointed by the Executive Board. However,the Executive Board may
not act on behalf of the Association to amend this Declaration, to terminate the
Association,or to elect members of the Executive Board or determine the qualifications,
powers and duties, or terms of office of Executive Board members,but the Executive
Board may fill vacancies in its membership for the unexpired portion of any term.
Members of the Executive Board shall be elected annually by Unit Owners.
(c) The Unit Owners by a sixty-seven percent(67%)vote of all persons present and entitled
to vote at any meeting of the Unit Owners at which a quorum is present,may remove any
member of the Executive Board with or without cause,other than a member appointed by
Declarant.
5.5 Voting of Owners; Proxies. Each Unit Owner shall have one (1) vote for his or her Unit,
without regard to the points assigned to the Unit for purposes of ownership of the Common
Elements or allocation of Common Expense Liability. If a Unit is owned by more than one
person,the right to vote shall be established by the record title thereto. In the event there are
multiple owners of a Unit as tenants in common,joint tenants, or otherwise,voting shall be as
specified below.
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(a) If only one(1)of the multiple owners of a Unit is present at a meeting of the Association,
such owner is entitled to cast the vote allocated to that Unit. If more than one(1)of the
multiple owners are present, the votes allocated to that Unit may be cast only in
accordance with the agreement of a majority in interest of such owners, unless the
Declaration expressly provides otherwise. There is majority agreement if any one(1)of
such multiple owners casts the vote allocated to that Unit without protest being made
promptly to the person presiding over the meeting by any of the other owners of the Unit.
(b) Votes may be cast in person or by proxy. Votes allocated to a Unit may be cast pursuant
to a proxy duly executed by a Unit Owner. If a Unit is owned by more than one (1)
person,each owner of the Unit may vote or register protest to the casting of votes by the
other owners of the Unit through a duly executed proxy. A Unit Owner may not revoke a
proxy given pursuant to this section except by actual notice of revocation to the person
presiding over a meeting of the Association. A proxy is void if it is not dated or purports
to be revocable without notice. A proxy terminates eleven(11) months after its date,
unless it provides otherwise. No votes allocated to a Unit owned by the Association may
be cast.
5.6 Notices. Each Unit Owner shall be entitled to notice of any meeting at which such Unit Owner
has the right to vote. Notices of meetings shall be in writing and shall state the date,time and
place of the meeting and shall indicate each matter to be voted on at the meeting which is
known to the Association at the time notice of the meeting is given. Subject to Section 6.3(c),
such notices shall be delivered not less than ten(10)nor more than fifty(50)days before the
date of the meeting. Any notice shall be deemed given and any budget or other information or
material shall be deemed furnished or delivered to a party at the time a copy thereof is deposited
in the mail or at a telegraph office,postage or charges prepaid,addressed to the party, and in
any event,when such party actually receives such notice,information or material. Any notice,
information or material shall be deemed properly addressed to a Unit Owner if it is addressed to
the name and address shown on the most recent written notice of name and address, if any,
furnished to the Association by such Unit Owner or,if a name and address is not furnished,if it
is addressed to the Unit Owner at his or her Unit address,
5.7 Record Date. The Executive Board of the Association shall have the power to fix in advance a
date as a record date for the purpose of determining owners entitled to notice of or to vote at
any meeting or to be furnished with any budget or other information or material. The Unit
Owners existing on any such record date shall be deemed the Unit Owners for such notice,vote,
meeting, furnishing of information or material or other purpose and for any supplementary
notice, or information or material with respect to the same matter and for any adjournment of
the same meeting. A record date shall not be more than sixty(60)days prior to the date on
which the particular action requiring determination of Unit Owners is proposed or expected to
be taken or to occur. lino record date is established for a meeting,the date on which notice of
such meeting is first given to any Unit Owner shall be deemed the record date for the meeting.
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5.8 Meetings. The meetings of the Association shall be held at least once each year. Special
meetings of the Association may be called by the president, by a majority of the Executive
Board,or by Unit Owners having twenty percent(20%),or any lower number specified in the
Bylaws. Not less than ten (10)nor more than fifty(50) days, or,with respect to meetings to
approve a budget,not less than fourteen(14)or more than sixty(60)days, in advance of any
meeting, the secretary or other officer specified in the Bylaws shall cause notice to be hand
delivered or sent prepaid by United States mail to the mailing address of each Unit or to any
other mailing address designated in writing by the applicable Unit Owner. The notice of any
meeting must state the time and place of the meeting and the items on the agenda,including the
general nature of any proposed amendment to the Declaration or Bylaws,any budget changes,
and any proposal to remove an officer or member of the Executive Board.
5.9 Quorums.
(a) A quorum is deemed present throughout any meeting of the Association if persons
entitled to cast fifty percent (50%) of the votes which may be cast for election of the
Executive Board are present, in person or by proxy, at the beginning of the meeting.
(b) At all meetings of the Executive Board,a majority of the Executive Board members shall
constitute a quorum for the transaction of business, and the acts of the majority of the
Executive Board members present at a meeting at which a quorum is present shall be the
acts of the Executive Board. If,at any meeting of the Executive Board,there be less than
a quorum present, the majority of those present may adjourn the meeting from time to
time. At any such adjourned meeting at which a quorum is present,any business which
might have been transacted at the meeting as originally called may be transacted without
further notice.
5.10 Delivery of Property. Within sixty(60)days after the Unit Owners other than Declarant elect a
majority of the members of the Executive Board,the Declarant shall deliver to the Association
all property of the Unit Owners and of the Association held by or controlled by Declarant,
including without limitation the following items:
(a) The original or a certified copy of the recorded Declaration as amended,the Association's
Articles of Incorporation,Bylaws,minute books,other books and records,and any rules
and regulations which may have been promulgated;
(b) An accounting for Association funds and financial statements, from the date the
Association received funds and ending on the date the period of Declarant Control ends;
(c) The Association funds or control thereof;
(d) All of Declarant's tangible personal property that has been represented by Declarant to be
the property of the Association or all of Declarant's tangible personal property that is
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necessary for, and has been used exclusively in, the operation and enjoyment of the
Common Elements, and inventories of these properties;
(e) A copy of any plans and specifications used in the construction of the improvements
which were completed within two (2) years before the Declaration was recorded;
(f) All insurance policies then in force, in which the Unit Owners, the Association, or its
directors and officers are named as insured persons;
(g) Copies of any certificates of occupancy that may have been issued with respect to any
improvements;
(h) Any other permits issued by governmental bodies applicable to the Association and which
are currently in force or which were issued within six (6)months prior to the date on
which Unit Owners other than Declarant took control of the Association;
(i) Written warranties of the contractor,subcontractors,suppliers,and manufacturers that are
still effective;
(j) A roster of Unit Owners and mortgagees and their addresses and telephone numbers,if
known, as shown on Declarant's records;
(k) Employment contracts in which the Association is a contracting party; and
(1) Any service contract in which the Association is a contracting party or in which the
Association or the Unit Owners have any obligation to pay a fee to the persons
performing the services.
5.11 Termination of Contracts. The following contracts and leases, if entered into before the
Executive Board elected by the Unit Owners takes office,may be terminated without penalty by
the Association,at any time after the Executive Board elected by the Unit Owners takes office,
upon not less than ninety(90)days notice to the other party:
(a) Any management contract,employment contract,or lease of recreational or parking areas
or facilities;
(a) Any other contract or lease between the Association and Declarant or an affiliate or
Declarant.
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VI. ASSESSMENTS
6.1 Declarant's Obligation. Until the Association makes a Common Expense assessment,Declarant
shall pay all Common Expenses. Initial assessments shall be set by the Executive Board at its
first meeting. After any assessment has been made by the Association,assessments shall be
made as determined by the Association,but no less frequently than quarterly,and shall be based
on a budget adopted no less frequently than annually by the Association.
6.2 Assessments -Generally.
(a) Each Unit Owner is liable for assessments made against such owner's Unit during the
period of ownership of such Unit. Each Unit Owner shall be obligated to pay and shall
pay to the Association Common Expense assessments as hereinafter provided based on
the Points assigned to the Unit of such Unit Owner, which amounts are herein called
"assessments."
(b) Subject to the provisions hereof,the Executive Board shall have the power and authority
to determine all matters in connection with assessments,including power and authority
to determine where,when and how assessments should be paid to the Association, and
each Unit Owner shall be required to comply with any such determinations.
6.3 Budget and Determination of Amount of Common Expense Assessments.
(a) The total amount to be raised by assessments shall be determined for each fiscal period of
the Association by the Executive Board. The amount to be raised by assessments for any
fiscal period shall be that amount necessary to cover the costs and expenses of fulfilling
the functions and obligations of the Association in that fiscal period plus an amount to
provide a reasonable carry-over reserve for the next fiscal period. The amount to be
raised by assessments shall include amounts necessary to cover obligations made in
connection with, or contemplated under, any previous budget. To assure that the
Association will have the funds to meet unforeseen expenditures or to purchase additional
equipment or services,the budget shall include a working capital fund at least equal to
two (2) months of estimated assessments for each Unit. In addition, the budget shall
include a sinking fund or capital reserve for deferred maintenance for the Common
Elements,including without limitation, a sinking fund for roof repair and/or replacement
and for parking area maintenance and repair. This fund shall not be refundable to a Unit
Owner upon transfer of his Unit to a new purchaser, as it is intended to represent a
reserve against depreciation during such owner's term of ownership of his or her Unit.
(b) To determine the total amount required to be raised by assessments, not less than sixty
(60)days prior to the beginning of the next fiscal year of the Association,the Executive
Board shall cause to be prepared and shall adopt a budget for such fiscal year showing,in
reasonable detail, the estimated costs and expenses which will be payable in that fiscal
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year and for a reasonable carry-over reserve and the estimated income and other funds
which will be available in that fiscal year.
(c) Within thirty(30)days after adoption of any proposed budget,the Executive Board shall
mail,by ordinary first-class mail,or otherwise deliver a summary of the budget to all the
Unit Owners and shall set a date for a meeting of the Unit Owners to consider ratification
of the budget not less than fourteen(14)nor more than sixty(60)days after mailing or
other delivery of the summary. Unless at that meeting a majority of all Unit Owners
reject the budget,the budget is ratified,whether or not a quorum is present. In the event
that the proposed budget is rejected,the periodic budget last ratified by the Unit Owners
must be continued until such time as the Unit Owners ratify a subsequent budget
proposed by the Executive Board.
6.4 Special Assessments for Capital Improvements. In addition to the assessments described
above, the Association may levy special assessments, payable over such a period as the
Association may determine, for the purpose of defraying,in whole or in part,to the extent the
amounts in any capital reserve fund are insufficient therefor, the cost of any construction or
reconstruction,repair or replacement of the Project or any part thereof,or for any other expense
incurred or to be incurred as provided in this Declaration.
6.5 Supplementary Assessments. In the event the amount received by the Association on account
of Common Expense or special assessments is Iess than the amount required by the
Association,whether as a result of defaults by some Unit Owners in making payments or as a
result of mistaken estimates in budgeting or otherwise,the Executive Board may,at any time,
levy supplementary assessments to cover the deficiency.
6.6 Apportionment of Assessments. Except as specified herein, the amount of any assessment
payable for each Unit shall be computed by multiplying the total amount to be raised by
assessments by a fraction, the numerator of which shall be the number of Points assigned to
such Unit and the denominator of which shall be the total number of points assigned to all Units
in the Project.
6.7 Time for Payments. The amount of any assessment, charge, fine, penalty or other amount
payable with respect to any Unit Owner, shall become due and payable as specified by the
Executive Board and, in any event, thirty(30) days after any notice of the amount due as to
such assessment,charge,fine,penalty or other amount shall have been given by the Association
to such Unit Owner, and any such amount shall bear interest at the rate of twenty-one percent
(21%)per annum(or such greater(if allowed by CCIOA)or lesser rate as the Executive Board
may, from time to time,by resolution, fix) from the date due and payable until paid.
6.8 Assessments for Limited Common Elements._Expenses Benefitting Less than all Units;
Reallocation.,No Waiver.
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(a) Any Common Expense associated with the maintenance, repair, or replacement of a
Limited Common Element shall be assessed pro rata against the Units to which that
Limited Common Element is assigned, in proportion to the Points assigned to each such
Unit.
(b) Any Common Expense or portion thereof benefiting fewer than all of the Units shall be
assessed exclusively against the Units benefited, pro rata in proportion to the points
assigned to each such Unit.
(c) The costs of utilities shall be assessed according to the point system as shown on Exhibit
"B",pro rata in proportion to the points assigned to each Unit.The Executive Board may
use any reasonable means to determine such usage, and its determination in this regard
shall be final.
(d) If any Common Expense is caused by the misconduct of any Unit Owner or guests of any
Unit Owner, the Association may assess that expense exclusively against such owner's
Unit.
(e) If Common Expense liabilities are reallocated, Common Expense assessments and any
installment thereof not yet due shall be recalculated in accordance with the reallocated
Common Expense liabilities.
(f) No Unit Owner may be exempt from liability for payment of the assessments by waiver
of the use or enjoyment of any of the Common Elements or by abandonment of the Unit
against which the assessments are made.
(g) All Unit Owners shall be guaranteed the right to use a minimum of one parking space.
Parking assignments shall be based on the recorded condominium plat. Category 4 Units
shall be provided with one additional space. Unit Owners with more than one parking
space shall be assessed additional fees for each parking space based on a reasonable
assessment of average maintenance costs for each space,including snow removal.If there
are Unit Owners who elect not to take any parking spaces, they shall be awarded a
deduction in their assessment based upon the average maintenance costs for each space.
Unit Owners may elect to lease their spaces to other Unit Owners in the Project for an
agreed upon fee. There are two guest parking spaces located on the Southeastern end of
the Project. These spaces shall not be used by members of the Association, but are
expressly reserved for guests. These spaces shall be used for snow storage should the
need arise. At such time these spaces shall be vacated immediately.
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6.9 Lien for Assessments.
(a) The Association has a statutory lien on a Unit for any assessment levied against that Unit
or fines imposed against its Unit Owner. Fees,charges,late charges,attorneys'fees,fines
and interest charged are enforceable as assessments. The amount of the lien shall include
all those items set forth herein from the time such items become due. If an assessment is
payable in installments,each assessment is a lien from the time it becomes due,including
the due date set by any valid Association acceleration of installment obligations.
(b) Except as provided herein, a lien under this section is prior to all other liens and
encumbrances on a Unit except liens and encumbrances recorded before the recordation
of the Declaration, a security interest on the Unit which has priority over all other
security interests on the Unit and which was recorded before the date on which the
assessment sought to be enforced became delinquent, or liens for real estate taxes and
other governmental assessments or charges against the Unit.
(c) A lien under this section is also prior to the security interests described above to the
extent of an amount equal to the Common Expense assessments based on a periodic
budget adopted by the Association which would have become due,in the absence of any
acceleration, during the six (6) months immediately preceding institution by either the
Association or any party holding a lien senior to any part of the Association lien created
under this Declaration of an action or a nonjudicial foreclosure either to enforce or to
extinguish the lien.
(d) This section does not affect the priority of mechanics' or materialmens' liens or the
priority of liens for other assessments made by the Association. A lien under this section
is not subject to the provisions of Part 2 of Article 41 of Title 38 C.R.S. or to the
provisions of C.R.S §15-11-201.
(e) Recording of the Declaration constitutes record notice and perfection of the lien. No
further recordation of any claim of lien for assessments is required.
(f) A lien for unpaid assessments is extinguished unless proceedings to enforce the lien are
instituted within six(6)years after the full amount of assessments become due.This does
not prohibit actions or suits to recover sums for which this section creates a lien or to
prohibit the Association from taking a deed in lieu of foreclosure.
(g) The Association shall recover costs and reasonable attorneys' fees incurred by the
Association in a judgment or decree in any action or suit brought by the Association
under this section.
(h) The Association shall furnish to a Unit Owner or such Unit Owner's designee or to a
holder of a security interest or its designee upon written request,delivered personally or
by certified mail,first-class postage prepaid,return receipt,to the Association's registered
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agent,a written statement setting forth the amount of unpaid assessments currently levied
against such owner's Unit. The statement shall be furnished within fourteen(I4)calendar
days after receipt of the request and is binding on the Association,the Executive Board,
and every Unit Owner. If no statement is furnished to the Unit Owner or holder of a
security interest or their designee, delivered personally or by certified mail, first-class
postage prepaid,return receipt requested,to the inquiring party,then the Association shall
have no right to assert a lien upon the Unit for unpaid assessments which were due as of
the date of the request.
(i) In any action by the Association to collect assessments or to foreclose a lien for unpaid
assessments, the court may appoint a receiver of the Unit Owner to collect all sums
alleged to be due from the Unit Owner prior to or during the pending of the action. The
court may order the receiver to pay any sums held by the receiver to the Association
during the pending of the action to the extent of the Association's Common Expense
assessments.
(j) The Association's lien may be foreclosed in like manner as a mortgage on real estate.
6.10 Liability of Owners, Purchasers and Encumbrances. The amount of any assessment,charge,
fine or penalty payable with respect to any Unit Owner or Unit shall be a joint and several
obligation to the Association of such Unit Owner and such Unit Owner's heirs, personal
representatives,successors and assigns,and to the extent that there are more than one owner of
a Unit,shall be the joint and several obligation of each such Unit Owner. A party acquiring fee
simple title to a Unit shall be jointly and severally liable with the former Unit Owner for all
such amounts which had accrued and were payable at the time of the acquisition of fee simple
title to the Unit by such party without prejudice to such party's right to recover any of said
amounts paid from the former Unit Owner. Each such amount,together with interest thereon,
may be recovered by suit for a money judgment by the Association without foreclosing or
waiving any lien securing the same.Notwithstanding the foregoing,the holder of a mortgage,
deed of trust or other lien on a Unit shall not be liable for any such assessment,charge,fine or
penalty and the lien for any such assessment,charge,fine or penalty shall be junior to any lien
or encumbrance on a Unit taken in good faith and for value and perfected by recording in the
office of the Clerk and Recorder ofPitkin County,Colorado,prior to the time a notice of failure
to pay any such amount is recorded in said office, describing the Unit.
6.11 Estoppel Certificate. Upon payment of a reasonable fee as determined from time to time by the
Association and upon written request of any Unit Owner or any person with any right, title or
interest in a Unit or intending to acquire any right, title or interest in a Unit, the Association
shall furnish a written statement of account setting forth the amount of any assessments,
charges,fines or penalties,if any,due or accrued and then unpaid with respect to a Unit and the
amount of the assessment for the current fiscal period of the Association payable with respect to
the Unit, which statement shall, with respect to the party to whom it is issued,be conclusive
against the Association and all parties, for all purposes,that no greater or other amounts were
then due or accrued and unpaid.
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6.12 Surplus Funds. Any surplus funds of the Association remaining after payment of or provision
for Common Expenses and any prepayment of or provision for reserves shall be paid to the Unit
Owners in proportion to their Common Expense Liabilities or credited to them to reduce their
future Common Expense assessments.
VU. USE AND OTHER RESTRICTIONS
7.1 Occupancy and Resale Deed Restrictions. Ownership,use,occupancy,and resale of the units
and the common elements is subject to the terms of the Master Deed Restriction attached hereto
as Exhibit"C".
7.2 Restrictions on Use and Subdivision. Each Unit shall be used for residential purposes only and
none shall be used for any commercial or business purpose except for home occupations as
defined by the City of Aspen County Land Use Code, as amended, and as approved by the
Association. No lands or structures within the Project shall ever be occupied or used in any
manner which is contrary to any zoning,subdivision or building restrictions of City of Aspen,
Colorado, nor contrary to any rule or regulation promulgated by the Association pursuant
hereto. No further subdivision of a Unit is permitted. In addition to those rental limitations
imposed pursuant to Exhibit"C".any lease or rental agreement must be in writing and both
parties to such lease or agreement should be subject to the requirements of this Declaration,the
By-Laws,and the Deed Restriction.
7.3 Common Elements Restrictions. All use and occupancy of Common Elements shall be subject
to and governed by rules and regulations of the Association. No Unit Owner shall obstruct,
damage or commit waste to any of the Common Elements. Except as provided herein,no Unit
Owner shall change, alter, repair or store anything in or on any of the Common Elements
without the prior written consent of the Association.
7.4 No Imperiling of Insurance. No Unit Owner shall do anything or cause anything to be kept in
or on the Project which might result in an increase in the insurance premiums of insurance
obtained for the Project or which might cause cancellation of such insurance,without the prior
written consent of the Association.
7.5 No Violation of Law. No Unit Owner shall do anything or keep anything in or on the Project
which would be in violation of any statute,rule,ordinance,regulation,permit or other validly
imposed requirement of any governmental body.
7.6 No Noxious,Offensive,Hazardous or Annoying Activities.
No noxious or offensive trades,services or activities shall be conducted on any site,nor shall
anything be done thereon which may be or become an annoyance or nuisance to the Owners of
other sites or their tenants by reason of unsightliness or the excessive omission of fumes,odors,
glare,vibration, gases,radiation,dust,liquid waste, smoke and noise.
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No noxious or offensive activity shall be carried on upon any part of the Project nor shall
anything be done or placed on or in any part of the Project which is or may become a nuisance
or cause embarrassment,disturbance or annoyance to others. No activity shall be conducted on
any part of the Project and no improvements shall be made or constructed on any part of the
Project which are or might be unsafe or hazardous to any person or property. No sound shall be
emitted on any part of the Project which is unreasonably loud or annoying. No odor shall be
emitted on any part of the Project which is noxious or offensive to others. No light shall be
emitted from any part of the Project which is unreasonably bright or causes unreasonable glare,
or which violates the City of Aspen's Lighting code.
7.7 Window Treatments; No Unsightliness. All window treatments shall only be of the type and
color listed herein. All window treatments to be 3/8""up-down"cellular shades,color butter
cup or equivalent color approved by Executive Board;3/8"cellular shades,color butter cup or
equivalent color approved by Executive Board without"up-down"function maybe installed in
bedrooms only. Window treatments can be purchased and installed for the entire Project at a
discount rate if purchased in bulk from V2 Window Decor. In the spirit of maintaining a neat
uniform appearance,Declarant will donate 50%of the cost of the V2 Drcor bid for those Units
who elect to purchase the window treatments within 30 days.of closing. If a Unit Owner
replaces any curtains,shades and other similar window treatments in a Unit,the exterior facing
side of any such replacement window treatment shall follow the specification listed herein.
Alternates will be accepted only by approval of the Executive Board. No unsightliness shall be
permitted on or in any part of the Project. Without limiting the generality of the foregoing,and
except for items that can be kept on the Common Elements as specifically permitted under this
Declaration, nothing shall be kept or stored on or in any of the Common EIements, nothing
shall be hung or placed on any of the Common Elements, and nothing shall be placed on or in
windows or doors of Units that shall or might create an unsightly appearance.
7.8 Restriction on Signs. No signs or advertising devices of any nature shall be erected or
maintained on any part of the Project without the prior written consent of the Association.
7.9 Antennas. No radio,television or other type of radar dish or antenna shall,without the written
consent of the Association, be installed or maintained on the Buildings.
7.10 Maintenance of Units and Common Elements. Each Unit and all improvements, fixtures and
furniture and equipment therein shall be kept and maintained by the Unit Owner in a clean,
safe, attractive and sightly condition and in good repair. No structural alterations within any
Unit or with respect to any Common Elements shall be made and no electrical, plumbing or
similar work within any Unit(except minor repair work localized within the Unit not affecting
these overall utility systems)shall be done without the prior written consent of the Association.
7.11 Owner Caused Damage. If,due to the act or neglect of a Unit Owner in or on the Project,loss
or damage shall be caused to any person or property,including the Project or any Unit therein,
such Unit Owner shall be liable and responsible for the same except to the extent that such
damage or loss is covered by insurance obtained by the Association and the carrier of the
insurance has waived its rights of subrogation against such Unit Owner. The amount of such
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loss or damage may be collected by the Association from such Unit Owner as a special
assessment against such Unit Owner,by legal proceedings or otherwise,and such amount shall
be secured by a lien on the Unit of such Unit Owner as provided elsewhere in this Declaration
for assessments or other charges.
7.12 No Impairment of Structural Integrity. Nothing shall be done, without the written consent of
the Association,in,on or to,any Unit or the Common Elements,or any portion thereof,which
might impair the structural integrity of the Buildings or which would structurally change the
Buildings.
7.13 No Violation of Rules. No Unit Owner shall violate the provisions of this Declaration or the
rules and regulations established from time to time by the Executive Board whether relating to
the use of the Units, the use of the Common Elements or otherwise. Violations of any
provision of this Declaration or any rule or regulation shall be subject to such fines or penalties
as may be imposed or established by the Executive Board in its reasonable discretion.
7.14 Responsibilities of Owners. Whenever this Declaration or any rule or regulation of the
Association prohibits any action of, or assigns responsibility to, any Unit Owner and any
provision of the Declaration or rule or regulation is violated by a tenant,licensee or guest of any
Unit Owner (or anyone occupying the premises with his consent), the Unit Owner shall be
responsible for any such violation to the same extent as if the Unit Owner had committed the
same(except to the extent that such liability is prohibited by law).
7.15 Pets. Domestic dogs and cats, but no other pets, shall be allowed on the premises of the
Project, in a Unit and on the complex without the prior written approval of the Association,
provided that(i)no more than two cats or one cat and one dog or one dog may reside in a Unit
at any time, (ii) dogs shall not exceed ninety-five (95) pounds, and (iii) no pit bull terriers,
Doberman pinschers, mastiffs or any aggressive or vicious dogs shall be allowed, The
Association,by consent of seventy-five percent(75%)of the members,shall have the authority
to approve any other pets,subject to any conditions the Association determines appropriate,and
subject to any rules and regulations,promulgated by the Association with respect thereto. This
Section may not be modified,altered or amended without the approval of seventy-five percent
(75%)of the Unit Owners by a vote in accordance with Section 5.5 hereof.
7.16 Limited Common Elements.The Limited Common Elements shall include without limitation,
one assigned parking space in the covered parking area (one additional parking space is
available for Category 4 Units with additional assessment as per Paragraph 6.8(g)), one
assigned storage space, one mailbox, and one private outdoor patio or private space. Unit
Owners are responsible for keeping storage spaces locked.Unit Owners are responsible for the
cost of replacing openers and keys.No liquid,flammable or hazardous materials shall be stored
in the storage spaces.
7.17 Parking. See Paragraph 6.8(g)hereinbefore.
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7.18 Decks and Patios. The storage of personal property,other than outdoor furniture on decks and
patios is prohibited.Decks shall be maintained in a neat and clean condition. Furniture located
on decks must be designed for outdoor use. Only furniture first approved by the Executive
Board for color and style may be used on the decks. It is recommended that all outdoor
furniture be pre-selected by the Executive Board or a subcommittee set up by the Executive
Board to help maintain an aesthetically pleasing uniform appearance on all patio and deck
areas. Units 209, 210, 211, 212, 213 have direct access to the rear yard south of the Project.
Each has been equipped with a limited common area suitable for a patio. Any of these Unit
Owners may install said patio if it is built exactly according to the drawing attached hereto as
Exhibit"D", including shape,size, location,material and construction.All Units that have a
deck area that is adjacent to the main circulation areas of the Project shall insure that none of
their personal effects impinge on the common space with the understanding that the adjacent
passageway is a minimum width mandated by the building department necessary for emergency
egress from the Project.
7.18 Attics. The storage of personal property in attics is prohibited.
7.19 Snow Removal. The Association shall be responsible for snow removal from the general
common elements and the unit owners shall be responsible for snow removal from the limited
common elements. Snow-melting salts are not to be used on any concrete surfaces as it destroys
the underlying structure.
7.20 Maintenance. (a) All buildings and other improvements,and all landscaping on any site shall
be kept in good condition and repair by the Association. (b)AU buildings and fences on any
site shall be repainted or restained by the Association as often as wear and tear may reasonably
require. (c) Should any building or other common element on a site be substantially damaged
or destroyed from whatever cause, all debris shall be promptly removed from the site and the
Association shall proceed promptly either to repair,rebuild or replace the damaged or destroyed
improvement or to remove the damaged or destroyed improvement and to restore the damaged
portion of the site and landscape the same. (d) Should planting on a site be substantially
damaged or die, from whatever cause, it shall forthwith be replaced by the Association.
7.21 Refuse. No trash, ashes, garbage or other refuse shall be thrown, dumped.or otherwise
disposed of on the Property. No refuse shall be burned out of doors. No incinerator or other
device for burning of refuse shall be constructed,installed or maintained on the Property. Unit
Owners are responsible to bring all of their trash to the trash building for storage in the metal
containers provided by the Trash Service.
7.22 Charcoal Grills. Charcoal grills shall not be used anywhere on the Little Ajax Property
including on the porches,private deck areas,patios,general common areas or interior spaces of
any of the Units. Propane powered grills equipped with a "small" tank may be used by
members of the Association, provided such use is carried out in a responsible manner.
Maximum size of the grills shall be 26,000 BTU/hour input. The right to use such grills shall
be revocable by the Association or the Fire Marshall.
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7.23 Transportation Options Program. The Association is required to be a member of the
Transportation Options Program. The Association shall elect one or more members to
represent the Association and report back to the Assocation on an annual basis. All fees
associated with the program shall be shared by the Assocation.
7.24 Conservation Easement Parcel. Declarant currently holds title to the parcel of land located
directly south of the Little Ajax Property, known as Lot 3 of the Little Ajax Subdivision(the
"Conservation Easement Parcel"),as described in the Plat thereof recorded in the Pitkin County
Real Property records on April 6,2005 as Reception No. 508682. Simultaneously with or prior
to recordation of this Declaration,Declarant shall transfer title to the Conservation Easement
Parcel to the Association. The Conservation Easement Parcel is encumbered with a
conservation easement held jointly by the City of Aspen and the Aspen Valley Land Trust,as
per the"Little Ajax Deed of Conservation Easement In Gross,"recorded on December 8,2005
in the Pitkin County Real Property records at Reception No. 518213 (the "Easement
Agreement"). The use of the Conservation Easement Parcel by Unit Owners shall be in strict
accordance with and governed by the Easement Agreement and any and all applicable rules and
regulations of the Association.
7.25 Landscape Maintenance. There are specific areas located within the Common Elements and the
Conservation Easement Parcel that need regular watering for the first year or until plants in
such areas have taken root. The Association shall either assume responsibility of such
watering, or hire an outside contractor to do so. These areas include the areas shown in the
Owner's Manual for the Association, Tab"Landscape."
7.26 Maintenance of Rockfall Fence and Berm.In order to maintain the effectiveness of the rockfall
fence and berm on the Property, the uphill sides of these elements need to be cleared of all
debris on a biannual basis. The rockfall fence should be repaired as necessary by qualified
personnel. Until the new vegetation has taken root, the Association will install temporary
erosion control measures such as silt fences and/or properly embedded hay bales with swales
for temporary drainage.All fees to repair and maintain the fence and berm shall be borne by the
Association.
7.27 Mine Waste Rock Management. Article X describes the remediation of and future management
of lead-contaminated soil existing on the Property.
VIII. INSURANCE
8.1 Insurance Requirements Generally.
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(a) Commencing not later than the time of the first conveyance of a Unit to a person other
than Declarant, the Association shall obtain and maintain in full force and effect at all
times certain property, liability and other insurance as hereinafter provided. All such
insurance shall be obtained, to the extent possible, from responsible companies duly
authorized to do insurance business in the State of Colorado. All such insurance,to the
extent possible,shall name the Association as the insured,in its individual capacity and
also either as attorney-in-fact or trustee for all Unit Owners.
(b) The cost and expense of all insurance obtained by the Association, except insurance
covering additions,alterations or improvements made to a Unit by a Unit Owner or other
insurance obtained at the request of and specifically benefiting any particular Unit Owner,
shall be a Common Expense to be covered by assessments as elsewhere provided in this
Declaration.
8.2 Property Insurance.
(a) The Association shall obtain and maintain property insurance insuring the Common
Elements and each Unit against loss or damage by fire and such other hazards as are
covered under standard extended coverage policies, vandalism and malicious mischief
and, if available and if deemed appropriate by the Association, war risk, for the full
insurable replacement cost of the Project,including each Unit. The Association shall also
obtain associated liability insurance for the Conservation Easement Parcel.
(b) The total amount of insurance must be not less than the full insurable replacement cost of
the insured property less applicable deductibles at the time the insurance is purchased and
at each renewal date, exclusive of land, excavations, foundations, and other items
normally excluded from property policies. Such insurance must include the Units,but not
the finished interior surfaces of the walls,floors,and ceilings of the Units. The insurance
need not include improvements and betterments installed by Unit Owners,but if they are
covered,any increased charge shall be assessed by the Association to those Unit Owners.
8.3 Commercial General Liability Insurance.The Association shall obtain and maintain commercial
general liability insurance against claims and liabilities arising in connection with the
ownership, existence,use,or management of the Common Elements in the amount of not less
than $1,000,000.00 for each occurrence including bodily injury and/or property damage,
insuring the Executive Board, the Association, the management agent, and their respective
employees,agents,and all persons acting as agents. The Executive Board may increase these
limits at any time,in its discretion. The Declarant shall be included as an additional insured in
such Declarant's capacity as a Unit Owner and Executive Board Member. The Unit Owners
shall be included as additional insureds,but only for claims and liabilities arising in connection
with the ownership,existence,use,or management of the Common Elements. The insurance
shall cover claims of one or more insured parties against other insured parties.
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8.4 Insurance by Owners. Except to the extent coverage therefor may be obtained by the
Association and be satisfactory to a Unit Owner, each Unit Owner shall be responsible for
obtaining insurance he deems desirable,including insurance covering furnishings and personal
property belonging to that Unit Owner and covering personal liability of that Unit Owner.
8.5 Unavailability of Insurance-Notice. If the insurance described in Sections 8.2 and 8.3 is not
reasonably available,or if any policy of such insurance is canceled or not renewed without a
replacement policy therefore having been obtained,the Association promptly shall cause notice
of that fact to be hand delivered or sent prepaid by United States mail to all Unit Owners.
8.6 Required Provisions. Insurance policies carried pursuant to Sections 8.2 and 8.3 must provide
that:
(a) Each Unit Owner is an insured person under the policy with respect to liability arising out
of such Unit Owner's interest in the Common Elements or membership in the
Association;
(b) The insurer waives its rights to subrogation under the policy against any Unit Owner or
member of his household;
(c) No act or omission by any Unit Owner, unless acting within the scope of such Unit
Owner's authority on behalf of the Association,will void the policy or be a condition to
recovery under the policy; and
(d) If, at the time of a loss under the policy,there is other insurance in the name of a Unit
Owner covering the same risk covered by the policy,the Association's policy provides
primary insurance.
8.7 Application of Proceeds. Any loss covered by the property insurance policy described in
Section 8.2 must be adjusted with the Association,but the insurance proceeds for that loss shall
be payable to any insurance trustee designated for that purpose,or otherwise to the Association,
and not to any holder of a security interest. The insurance trustee or the Association shall hold
any insurance proceeds in trust for the Association, Unit Owners and lienholders as their •
interests may appear. Subject to the provisions of Section 8.12,the proceeds must be disbursed
first for the repair or restoration of the damaged property,and the Association,Unit Owners,
and lienholders are not entitled to receive payment of any portion of the proceeds unless there is
a surplus of proceeds after the property has been completely repaired or restored or the Project
is terminated. In the event of a surplus,proceeds shall go to the Unit Owners in proportion to
their interests in the Common Elements.
8.8 Other Insurance by Association. The Association shall also have the power or authority to
obtain and maintain other and additional insurance coverage, including casualty insurance
covering personal property of the Association,fidelity bonds or insurance covering employees
and agents of the Association and insurance indemnifying officers,directors, employees and
agents of the Association.
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8.9 Owner-Increased Premiums. In the event that, as a consequence of the hazardous use of any
Unit,or of any Unit Owner installed improvements to any Unit,the premiums of any policy of
insurance purchased by the Association are increased,or a special policy is required,the cost of
such increase or specific policy shall be assessed to the Unit Owner of such Unit.
8.10 Policies and Procedures. The Association may adopt and establish written nondiscriminatory
policies and procedures relating to the submittal of claims,responsibility for deductibles,and
any other matters of claims adjustment. To the extent the Association settles claims for
damages to Real Property, it shall have the authority to assess negligent Unit Owners causing
such loss or benefiting from such repair or restoration all deductibles paid by the Association.
In the event that more than one Unit is damaged by a loss, the Association in its reasonable
discretion may assess each Unit Owner a pro rata share of any deductible paid by the
Association.
8.11 Certificate of Insurance - Renewal. An insurer that has issued an insurance policy for the
insurance described in Sections 8.2 and 8.3 shall issue certificates or memoranda of insurance
to the Association, and, upon request, to any Unit Owner or holder of a security interest.
Unless otherwise provided by statute,the insurer issuing the policy may not cancel or refuse to
renew it until thirty(30)days after notice of the proposed cancellation or non-renewal has been
mailed to the Association, and each Unit Owner and holder of a security interest to whom a
certificate or memorandum of insurance has been issued, at their respective last-known
addresses.
8.12 Destruction or Damage to Property.
(a) Any portion of the Project for which insurance is required under this section which is
damaged or destroyed must be repaired or replaced promptly by the Association unless
the Project is terminated, or repair or replacement would be illegal under any state or
local statute or ordinance governing health or safety,or seventy-five percent(75%)of the
Unit Owners, including every Unit Owner of a Unit or assigned Limited Common
Element that will not be rebuilt,vote not to rebuild, or prior to the conveyance of any
such Unit to a person other than Declarant,the holder of a deed of trust or mortgage on
the damaged portion of the Project rightfully demands all or a substantial part of the
insurance proceeds.
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(b) The cost of repair or replacement in excess of insurance proceeds and reserves is a
Common Expense. If the Project is not repaired or replaced, the insurance proceeds
attributable to the damaged Common Elements must be used to restore the damaged area
to a condition compatible with the remainder of the Project,and,except to the extent that
other persons will be distributees, the insurance proceeds attributable to Units and
Limited Common Elements that are not rebuilt must be distributed to the Unit Owners of
those Units and the Unit Owners of the Units to which those Limited Common Elements
were allocated,or to lien holders,as their interests may appear,and the remainder of the
proceeds must be distributed to all the Unit Owners or lienholders,as their interests may
appear in proportion to the common element interests of all the Units.
IX. DESTRUCTION,CONDEMNATION,OBSOLESCENCE, AND
RESTORATION OR SALE OF PROJECT
9.1 Certain Definitions. The following terms shall have the following definitions:
(a) "Available Funds" shall mean any proceeds of insurance or condemnation awards or
payments in lieu of condemnation and any uncommitted income or funds of the
Association other than the income or funds derived through special assessments.
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"Available Funds" shall not include that portion of insurance proceeds legally required to be paid to
another party, including a mortgagee,or that portion of any condemnation award or payment in lieu of
condemnation payable to a Unit Owner for the condemnation or taking of that owner's Unit.
•
(b) "Restoration,"in the case of any casualty,damage or destruction,shall mean restoration
of the Project to the same or substantially the same condition in which it existed prior to
the casualty,damage or destruction;in the case of condemnation,shall mean restoration
of the remaining portion of the Project to as attractive,sound and desirable condition as
possible; and, in the case of obsolescence, shall mean restoration of the Project to a
condition as attractive,sound and desirable as possible.
(c) "Restored Value"shall mean the value of the Project after restoration as estimated by the
Association
(d) "Substantial Condemnation"shall mean the complete taking of the Project or a taking of
part of the Project under eminent domain or by grant or conveyance in lieu of
condemnation if the estimated costs of restoration less available funds are fifty percent
(50%) or more of the estimated restored value of the Project. "Partial Condemnation"
shall mean any other such taking by eminent domain or by grant or conveyance in lieu of
eminent domain.
(e) "Substantial Destruction"shall mean any casualty,damage or destruction to the Project or
any part thereof if the estimate costs of restoration less available funds are fifty percent
(50%)or more of the estimated restored value of the Project. "Partial Destruction"shall
mean any other casualty, damage or destruction of the Project or any part thereof.
(f) "Substantial Obsolescence" shall exist whenever seventy-five percent(75%) in interest
of the Unit Owners determine,by vote,that substantial obsolescence exists or whenever
the Project or any part thereof has reached such a state of obsolescence or disrepair that
the estimated costs of restoration less available funds are fifty percent(50%)or more of
the estimated restored value of the Project. "Partial Obsolescence"shall mean any state
of obsolescence or disrepair which does not constitute Substantial Obsolescence.
9.2 Restoration of the Project. Subject to the requirements of Section 8.12, Restoration of the
Project shall be undertaken by the Association without a vote of Unit Owners in the event of
Partial Destruction, Partial Condemnation or Partial Obsolescence but shall be undertaken in
the event of Substantial Destruction, Substantial Condemnation or Substantial Obsolescence
only with the consent of seventy-five percent(75%)in interest of all Unit Owners and seventy-
five percent (75%)in number of all mortgagees. In the event the insurance proceeds actually
received exceed the cost of Restoration when such Restoration is undertaken pursuant to this
section, the excess shall be paid and distributed to each Unit Owner, or mortgagee of a Unit
Owner, in proportion of such Unit Owner's undivided interest in the Common Elements.
9.3 Sale of the Project. The Project shall be sold in the event of Substantial Destruction,
Substantial Condemnation or Substantial Obsolescence unless consent to Restoration has been
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obtained from seventy-five percent (75%) in interest of all Unit Owners and consent to
Restoration of seventy-five percent(75%)in number of all mortgagees has been obtained. In
the event of a sale, condominium ownership under this Declaration shall terminate and the
proceeds of sale and any insurance proceeds, condemnation awards or payments in lieu of
condemnation shall be distributed by the Association to each Unit Owner,or the mortgagee of a
Unit Owner, in proportion to such Unit Owner's undivided interest in Common Elements.
9.4 Authority of Association to Restore or Sell. The Association,as attorney-in-fact for each Unit
Owner,shall have full power and authority to restore or to sell,as the case may be,the Project
and each Unit whenever Restoration or sale,as the case may be, is to be undertaken as herein
provided. Such authority shall include the right and power to enter into any contracts,deeds or
other instruments which may be necessary or appropriate for Restoration or sale, as the case
may be.
9.5 Payment of Proceeds. In the event of Substantial Destruction, Substantial Condemnation or
Substantial Obsolescence all insurance proceeds,proceeds of sale, condemnation awards,or
payments in lieu of condemnation shall be paid to the Association,as trustee for all of the Unit
Owners and any mortgagee,as the interest of such owners and any such mortgagee may appear.
9.6 Special Assessments for Restoration. When Restoration is to be undertaken,the Association
may levy and collect assessments from each Unit Owner in proportion to each Unit Owner's
undivided interest in Common Elements, payable over such period as the Association may
determine, to cover the costs and expenses of Restoration to the extent not covered by
Available Funds. Such special assessments shall be secured by a lien on the Unit of each Unit
Owner as in the case of regular assessments. Notwithstanding any other provision in this
Declaration,in the event of Substantial Condemnation or Substantial Obsolescence, any such
special assessment shall not be a personal obligation of any Unit Owner who did not consent to
Restoration but,if not paid may be recovered only by foreclosure of the lien against the Unit of
such Unit Owner.
9.7 Receipt and Application of Condemnation Funds. All compensation, damages or other
proceeds constituting awards in condemnation or eminent domain or payments in lieu of
condemnation or eminent domain shall be payable to the Association. The amount thereof
allocable to compensation for the taking of or injury to a particular Unit or to improvements of
a Unit Owner therein shall be apportioned to the Unit Owner of that Unit except to the extent
used for Restoration of that Unit. The balance of the award shall be applied to costs and
expenses of Restoration, if undertaken, and to the extent not so applied, shall be allocated as
follows: First, any portion of the award allocable to the taking of or injury to Common
Elements shall be apportioned to owners of Units which were not taken or condemned in
proportion to their respective undivided interests in the Common Elements; and second, the
amounts allocated to consequential damages or for other purposes shall be apportioned as the
Association determines to be equitable under the circumstances.
9.8 Eminent Domain.
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(a) If a Unit is acquired by eminent domain or part of a Unit is acquired by eminent domain
leaving the Unit Owner with a remnant which may not practically or lawfully be used for
any purpose permitted by this Declaration,the award must include compensation to the
Unit Owner for that Unit and its Allocated Interests whether or not any Common
Elements are acquired. Upon acquisition, unless the decree otherwise provides, that
Unit's Allocated Interests are automatically reallocated to the remaining Units in
proportion to the respective allocated interests of those Units before the taking. Any
remnant of a Unit remaining after part of a Unit is taken under this section is thereafter a
Common Element.
(b) Except as provided above, if part of a Unit is acquired by eminent domain, the award
must compensate the Unit Owner for the reduction in value of the Unit and its interest in
the Common Elements whether or not any Common Elements are acquired. Upon
acquisition,unless the decree otherwise provides: •
(i) That Unit's Allocated Interests are reduced in proportion to the reduction in the
size of the Unit or on any other basis specified in the declaration; and
(ii) The portion of Allocated Interests divested from the partially acquired Unit is
automatically reallocated to that Unit and to the remaining Units in proportion to
the respective Allocated Interests of those Units before the taking, with the
partially acquired Unit participating in the reallocation on the basis of its reduced
Allocated Interests.
(c) If part of the Common Elements is acquired by eminent domain, that portion of any
award attributable to the Common Elements taken must be paid to the Association.
Unless the declaration provides otherwise, any portion of the award attributable to the
acquisition of a Limited Common Element must be equally divided among the owners of
the Units to which that Limited Common Element was allocated at the time of
acquisition. For the purposes of acquisition of a part of the Common Elements other that
the Limited Common Elements under this section,service ofprocess on the Association
shall constitute sufficient notice to all Unit Owners, and service of process on each
individual Unit Owner shall not be necessary.
(d) The court decree shall be recorded in Pitkin County,Colorado.
(e) The reallocation of Allocated Interests pursuant to this section shall be confirmed by an
amendment to the Declaration prepared,executed, and recorded by the Association.
X. LITTLE AJAX SOILS MITIGATION
10.1 History of VCUP Application. At the request of the Declarant,a Phase I Environmental Site
Assessment was prepared by(:i'L Thompson on Feb.21,2001. The report revealed the
presence of mine waste rock within the Project.Further site investigation and analysis was
performed by Waste Engineering,Inc. ("WEI"). These analyses confirmed the presence of
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mine waste rock and significant levels of lead in the soils. A Voluntary Clean-Up and
Redevelopment Application("VCUP")was subsequently prepared by WEI and modified
pursuant to that certain letter from WEI to CDPHE dated May 16,2005 and that certain letter
from WEI to CDPHE dated May 20,2005(collectively the"Letters"). The VCUP,as
modified by the Letters,was approved by the Colorado Department of Public Health and
Environment("CDPHE")on May 26, 2005. Walsh Environmental Scientists and Engineers,
LLC("Walsh")was then retained by Declarant to implement the VCUP in June 2005. Note
that the VCUP was further modified verbally in a phone conversation between CDPHE and
Walsh, as described in Section 3.1 of the No Action Petition(defined below). Walsh prepared
a Project-specific"Health and Safety Plan"("HSP"),monitored dust and air-borne lead levels,
observed contaminated soil removal and treatment,sampled soil for lead content and
hazardous characteristic,and documented the implementation of the VCUP. At the time that
the criteria under the VCUP had been satisfied, Walsh prepared a"Petition For No Further
Action Determination Little Ajax PUD"("No Action Petition")dated August 8, 2006 and
promptly filed it with the CDPHE. A response to the No Action Petition is expected at the
end of the 60-day response time limit typical of the CDPHE. Declarant will promptly make the
results of the No Action Petition available to the Association. CDPHE shall either issue a no
further action letter or provide Declarant with a reasonably detailed explanation of why
CDPHE will not issue a no further action letter,together with a description of the actions
Declarant must take in order for a no further action letter to be issued.The Association has
delivered to all Unit Owners and maintains on file a copy of the VCUP,the Letters,the
HSP,and the No Action Petition.
10.2 Summary of Soil Remediation Measures Undertaken at the Project. The No Action Petition
fully describes the soils remediation measures (the"Mitigation") undertaken at the Project.
Set forth below is a sununary of such Mitigation. The Mitigation resulted in, among other
things, isolating lead contaminated soils below a cover of Clean Fill (as defined under
Section 10.6)at least one-foot(1')deep(the "Cover")or covering the lead contaminated
soils with hardscape.
(a) The VCUP indicates three zones within the Project identified as a"Blue Zone"and a
"Green Zone" and "Open Space A", as identified on Exhibit"E"attached hereto. The
Blue Zone represents areas where mine waste rock has been observed and where soil that
may exceed the total lead and TCLP (as defined under Section 10.6) disposal criteria(greater
than 5 milligrams per liter[mg/L] lead)may be found. The Green Zone represents soils,
based on reported laboratory data that did not fail the TCLP disposal criteria. The VCUP
also identifies Open Space A,which is the portion of the Project that is characterized by
mature evergreen trees and steep side slopes. Evidence of mine waste rock or other fill
conditions was not observed by WEI in Open Space A.
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•
(b) All areas of the Project with soils in the Blue Zone, other than areas that have been
covered with any type of hard surface("Hard Surface Areas"), such as buildings,sidewalks,
driveways, stone or concrete patios, were covered by a visual identification barrier ("ID
Barrier")consisting of a uniform layer of orange plastic construction fencing placed on top of
the soils and at least one foot of Clean Fill placed on top of the ID Barrier.This soil was dressed
with topsoil and amendments and seeded.
(c) Some areas in the Green Zone were over excavated and filled with TCLP Soil(as defined
under Section 10.6). These were covered with either(i) 1 foot of Clean Fill over an ID Barrier
and Vegetative Cover or b)asphalt, concrete or other such hardscape. The remaining areas in
the Green Zone were covered with I foot of imported Clean Fill and were not covered with an
ID Barrier.
(d) The Declarant excavated and treated TCLP Soil that was hazardous with respect to lead
under the direction of Walsh.Once treated,Declarant arranged for non-hazardous transportation
and disposal of the waste at the Pitkin County Land Fill.Some ofthe TCLP Soil was placed into
a sub-slab pit beneath the basement(parking) level of the structure and beneath the rock-fall
berm.The rock-fall berm had a visual barrier and one foot of Clean Fill placed over the TCLP
Soil.
(e) Exhibit"F" attached hereto is an As-Built Diagram showing the lead-containing
soils placement within the Project.
(f) Vegetative Cover was has been installed in all areas of both the Blue and Green
Zones that have not received a hard paved surface.
10.3 No Activity By Unit Owners and Inspection By Association.
(a) Except for work to be performed by the Declarant or the Association, no Unit
Owner or other Person (as defined under Section 10.6 shall undertake or conduct,or
cause to undertake or conduct any Activity(as defined under Section 10.6) on,under
or about any Unit or any portion of the Project. If hardscape, pavement, or foundation
components are removed, or if the visual barrier is uncovered (orange construction
fence),the soil beneath must be assumed to present a hazard to human health and the
environment and the Association shall be contacted immediately. This soil shall be
handled by the Association only in a manner consistent with the HSP prepared for the
Project or a similar document prepared for Project conditions and worker protection
regulations existing at that time. The soil must be treated as hazardous and handled in
a manner consistent with contemporary environmental regulations. In general,this is
likely to require special protection for the workers handling the soil and special
treatment,handling and disposal of the encountered soil.
(b) Without limiting the generality of the restriction on Activity as set forth above,no
vegetables, flowers, plants, trees, shrubs or other landscaping shall be planted or cultivated
within the boundaries of the Project by any Unit Owner or other Person.
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(c) All external areas within the Project(i.e., not the interior of any Building) shall be
subject to inspection by the Association, the Aspen/Pitkin Environmental Health
Department,CDPHE or the Environmental Consultant (as defined under Section 10.6).
10.4 Ongoing Compliance with VCUP By Declarant and Master Association.
(a) Maintenance by Association.The Association shall have an ongoing responsibility to
assure that all Property subject to the VCUP remain in compliance with the provisions of
this Article. To this end, on an annual basis,the Association shall cause the Environmental
Consultant to make an inspection of the Project and perform such testing as may be
necessary to assure compliance with the provisions of this Article, including,but not limited
to, the maintenance and integrity of the Cover. Within thirty(30)days following such
inspection, or as soon thereafter as reasonably practicable,the Environmental Consultant
shall provide a written report to the Association,which report, among other things,will
identify any work or condition not in compliance with this Article. Within seven (7) days
following receipt thereof,a complete copy of the report shall be provided to all Unit Owners.
As soon as practicable following receipt of the report,the Association shall perform such
work, if any, identified in the Environmental Consultant's report necessary to mitigate any
noncompliance identified with respect to the Project or to maintain the Cover at the Project
at its required depth.
(b) Vegetable and Flower Gardens or Cultivation. Declarant or the Association may
plant and cultivate garden beds consisting of not less than 12 inches of soil and containing
no more than 999-ppm lead.
(c) Landscaping. The planting of trees and shrubs and creation or installation of
landscaping features by the Declarant or Association which requires the dislocation or
disturbance of more than one cubic yard of soil shall require a permit in accordance with the
VCUP.
(d) Excavation/Construction.Any disturbed soil or material that is to be stored above
ground shall be securely contained on and covered with a durable non-permeable tarp or
other protective barrier approved by the Aspen/Pitkin County Environmental Health
Department so as to prevent the leaching of contained material onto or into the surface soil.
Disturbed soil or material need not be removed if the Aspen/Pitkin County Environmental
Health Department finds that: (i) the excavated material is not TCLP Soil or(ii)that there
exists a satisfactory method of disposal of TCLP Soil at the excavation site(i.e.,under the
Cover). Disturbed soil and solid waste may be disposed of outside of the Project upon
acceptance of the material at a duly licensed and authorized receiving facility.
(e) Non-Removal of Contaminated Material. No TCLP Soil shall be removed,placed,
stored, transported or disposed of outside the boundaries of the Project without having first
obtained any and all necessary state and/or federal transportation and disposal permits.
(f) Dust Suppression. All activity or development by Declarant or the Association shall
be accompanied by dust suppression measures,such as the application of water or other soil
surfactants,to minimize creation and release of dust and other particulates into the air. The
Aspen/Pitkin County Environmental Health Department may require air monitoring to
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assure the effectiveness of the dust suppression measures.
(g) On-Site Placement. Any contaminated soil or mine waste rock to be left on-site shall
be placed under structures or pavement. Soils used in landscaped areas or engineered fills
shall be covered by a minimum of 1 foot of clean soil that contains less than 1,000 ppm lead.
(h) Drainage. All areas within the Project shall be maintained in a manner to minimize
erosion, including adequate provision for drainage and surface water run-off so as to prevent
the formation of standing pools,ditches or gullies.
10.5 Enforcement.
(a) In order to implement the provisions of this Article,the Association shall have all
enforcement powers and rights and remedies as provided under this Declaration or as
otherwise allowed by applicable laws. Notwithstanding any other provision of this
Declaration to the contrary,in the event the VCUP is amended after the date hereof and the
provisions of the VCUP as amended differ from those contained herein,the VCUP, as
amended shall control and the provisions of this Article shall automatically be amended to
comply with such amended provisions. Declarant is authorized, without requirement to
obtain the consent of any Unit Owner or the Association,to execute and cause to be recorded
any such amendment. This Article may not otherwise be amended or repealed if such
amendment or repeal would violate CDPHE or City requirements. Otherwise and subject to
the foregoing,this Article may be amended or repealed only upon the written approval of at
least seventy five percent(75%)of all Unit Owners.
10.6 Certain Definitions. For purposes of this Article 10, the following terms shall have the
meanings herein specified:
(a) "Activity"means any action occurring on, above or below the surface of the ground
within the boundaries of the Project that results or may result in a disturbance of more than
one(1)cubic yard of soil within the Project. Notwithstanding the foregoing,the disturbance
of any soil below the ID Barrier shall constitute an"Activity"and the alteration of any part
of the Vegetative Cover or Hard Surface Areas shall constitute an"Activity".
(b) "Clean Fill"means soil or material from sources that the Environmental Consultant
has determined are free of TCLP Soil and contain lead concentrations no greater than
400mg/Kg.
(c) "Environmental Consultant"means an environmental engineer selected by the
Association.
(d) "Person"means an individual,partnership, corporation,association,company,
Owner,tenant,occupant,contractor, subcontractor or any public body or political
subdivision.
(e) "TCLP"refers to the Toxicity Characteristic Leaching Procedure.
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(f) "TCLP Soil"means soil or material that has been determined by the Environmental
Consultant to consist of mine waste rock or that fails the TCLP disposal criteria or that
otherwise exhibits hazardous waste characteristics and, as a result, may not be disposed of at
the Pitkin County landfill.
(g) "Vegetative Cover"means plant life, including,but not limited to, grass, trees,
shrubs, vines and sod,planted or installed in such a manner so as to prevent or minimize the
exposure of topsoil.
XI. MISCELLANEOUS
11.1 Amendment of Declaration.
(a) Except as otherwise specified by statute or a specific provision of this Declaration,
this Declaration, including the plats and Map may be amended only by a vote or
agreement of sixty-seven percent(67%)of the Unit Owners.No provision of this
Declaration may be amended in a manner that is inconsistent with the development
approvals granted by the City of Aspen,Colorado unless the City consents thereto.
(b) No action to challenge the validity of an amendment adopted by the Association
pursuant to this section maybe brought more than one year after the amendment is
recorded.
(c) Every amendment to the Declaration must be recorded in Pitkin County,Colorado and is
effective only upon recordation. An amendment must be indexed in the grantee's index in
the name of the Little Ajax Condominiums and the Association and in the grantor's index
in the name of each person executing the amendment.
(d) Except to the extent expressly permitted or required by other provisions of law, no
amendment may create or increase special Declarant rights,increase the number of Units,
or change the boundaries of any Unit or the allocated interests of a Unit, or the uses to
which any Unit is restricted, in the absence of unanimous consent of the Unit Owners.
(e) Any Amendment to this Declaration to be recorded by the Association shall be prepared,
executed, recorded, and certified on behalf of the Association by the secretary or the
president of the Association.
(f) All expenses associated with preparing and recording an amendment to this Declaration
shall be the sole responsibility of the Association.
(g) At any time until the first Unit is conveyed by Declarant as reflected by a deed recorded
in the'office of the Clerk and Recorder of Pitkin County,Colorado,Declarant may revoke
this Declaration and the Map and terminate condominium ownership of the Project by the
recording of a written instrument setting forth Declarant's intent to so revoke and
terminate.
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(h) The Declarant may amend this Declaration at any time to correct clerical,typographical
or technical errors, as provided in C.R.S. § 38-33.3-205(4).
11.2 Termination.
(a) Except in the case of a taking of all the Units by eminent domain,the Association may be
terminated only by agreement of seventy-five percent(75%)of the Unit Owners.
(b) An agreement of Unit Owners to terminate must be evidenced by their execution of a
termination agreement or ratifications thereof in the same manner as a deed, by the
requisite number of Unit Owners. The termination agreement must specify a date after
which the agreement will be void unless it is recorded before that date. A termination
agreement and all ratifications thereof must be recorded in Pitkin County,Colorado and is
effective only upon recordation.
(c) Subject to the provisions of a termination agreement,the Association, on behalf of the
Unit Owners, may contract for the sale of Real Estate following termination, but the
contract is not binding on the Unit Owners until approved pursuant to Subsection(a)
and(b)of this section. If any Real Estate is to be sold following termination,title to that
Real Estate, upon termination,vests in the Association as trustee for the holders of all
interests in the Units. Thereafter, the Association has all the powers necessary and
appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof
distributed, the Association continues in existence with all the powers it had before
termination. Proceeds of the sale must be distributed to Unit Owners and lienholders as
their interests may appear, in accordance with Subsections (f) and(g) of this Section.
Unless otherwise specified in the termination agreement,as long as the Association holds
title to the Real Estate,each Unit Owner and the Unit Owner's successors in interest have
an exclusive right to occupancy of the portion of the Real Estate that formerly constituted
the Unit. During the period of that occupancy,each Unit Owner and the Unit Owner's
successors in interest remain liable for all assessments and other obligations imposed on
Unit Owners by this Declaration.
(d) If the Real Estate constituting the common interest community is not to be sold following
termination,title to the Common Elements vests in the Unit Owners upon termination as
tenants in common in proportion to their respective interests and liens on the Units shift
accordingly. While the tenancy in common exists,each Unit Owner and the Unit Owner's
successors in interest have an exclusive right to occupancy of the portion of the real estate
that formerly constituted such Unit.
(e) Following termination,the proceeds of any sale of real estate,together with the assets of
the Association, are held by the Association as trustee for Unit Owners and holders of
liens on the Units as their interests may appear.
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(f) Upon termination, creditors of the Association who obtain a lien and duly record it in
Pitkin County, Colorado will be treated as if they had perfected liens on the Units
immediately before termination or when the lien is perfected and recorded,whichever is
later.
(g) The respective interests of Unit Owners referred to above are as follows:
(i) Except as provided in Paragraph(ii)ofthis Subsection(g),the respective interests
of Unit Owners are the fair market values of their Units,Allocated Interests,and
any Limited Common Elements immediately before the termination, as
determined by one or more independent appraisers selected by the Association.
The decision of the independent appraisers shall be distributed to the Unit Owners
and becomes final unless disapproved within thirty(30)days after distribution by
Unit Owners of Units to which twenty-five percent (25%) of the votes in the
Association are allocated. The proportion of any Unit Owner's interest to that of
all Unit Owners is determined by dividing the fair market value of that Unit
Owner's Unit and its Allocated Interests by the tptal fair market values of all the
Units and their Allocated Interests. In the event Unit Owners of Units to which
twenty-five percent(25%)of the votes in the Association are allocated disapprove
of the decision of the independent appraiser selected by the Association, the
Association shall hire another MAI certified appraiser, licensed in the State of
Colorado and familiar with valuation of property in Pitkin County to appraise the
fair market value of the Units, Allocated Interests, and any Limited Common
Elements immediately before the termination. The results of the new appraisal
shall then be averaged with the results of the initial appraisal,which result shall
be final and binding upon the Association and the Unit Owners.
(ii) If any Unit or any Limited Common Element is destroyed to the extent that an
appraisal of the fair market value thereof prior to destruction cannot be made,the
interests of all Unit Owners are their respective Common Element interests
immediately before the termination.
(h) If a lien or encumbrance against a portion of the Real Estate has priority over the
declaration and the lien or encumbrance has not been partially released, the parties
foreclosing the lien or encumbrance, upon foreclosure, may record an instrument
excluding the Real Estate subject to that lien or encumbrance from the common interest
community. The Executive Board shall reallocate interests as if the foreclosed section
were taken by eminent domain by an amendment to the declaration prepared,executed,
and recorded by the Association.
11.3 Construction of Declaration. In the event of a conflict between the provisions of this
'Declaration and the Bylaws,this Declaration prevails,except to the extent that this Declaration
is inconsistent with the CCIOA.
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11.4 Effect of Provisions of Declaration. Each provision of this Declaration, as the same may be
amended from time to time,and any agreement,promise,covenant and undertaking to comply
with each such provision of this Declaration, and any necessary exception or reservation or
grant of title,estate,right or interest to effectuate any such provision of this Declaration:
(a) shall be deemed incorporated in each deed or other instrument by which any right,title or
interest in the Project or in any Unit is granted,devised or conveyed,whether or not set
forth or referred to in such deed or other instrument;
(b) shall,by virtue of acceptance of any right,title or interest in the Project or in any Unit by
a Unit Owner,be deemed accepted,ratified,adopted and declared as a personal covenant
of such Unit Owner, and, as a personal covenant,shall be binding on such Unit Owner
and such Unit Owner's heirs,personal representatives, successors and assigns and, as a
personal covenant to,with and for the benefit of the Association but not to,with or for the
benefit of any other Unit Owner;
(c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns,and
also an equitable servitude,running, in each case,as a burden with and upon the title to
the Project and each Unit and,as a real covenant and also as an equitable servitude,shall
be deemed a covenant and servitude for the benefit of the Project and each Unit; and
(d) shall be deemed a covenant, obligation and restriction secured by a lien in favor of the
Association,burdening and encumbering the title to the Project and each Unit in favor of
the Association.
11.5 Duration of Declaration. All provisions contained in this Declaration shall continue and remain
in full force and effect until this Declaration is terminated or revoked. Pursuant to C.R.S §38-
33.3-203(2), the rule against perpetuities does not apply to defeat any provision of this
Declaration or rules and regulations adopted pursuant hereto.
11.6 Enforcement and Remedies. Each provision of this Declaration with respect to a Unit Owner or
the Unit of a Unit Owner shall be enforceable by the Association by a proceeding for a
prohibitive or mandatory injunction or by a suit or action to recover damages, or, in the
discretion of the Association, for so long as any Unit Owner fails to comply with any such
provisions,by denial of all voting rights of such Unit Owner and exclusion of such Unit Owner
and such Unit Owner's guests from use of any Common Elements.
If any Person subject to the provisions of this Declaration fails to comply with any of its
provisions or any provision of the Bylaws,Articles,or rules and regulations, the Association or
any other Person or class of Persons adversely affected by the failure to comply may require
reimbursement for collection costs and reasonable attorneys'fees and costs incurred as a result
of such failure to comply,without the necessity of commencing a legal proceeding. For each
claim, including but not limited to counterclaims,cross-claims,and third-party claims,in any
legal proceeding to enforce the provisions of the Declaration, Bylaws, Articles, or rules and
regulations, the court shall award to the party prevailing on such claim the prevailing party's
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reasonable collection costs and attomeys'fees and costs incurred in asserting or defending the
claim.
11.7 Protection of Encumbrancer. No violation or breach of, or failure to comply with, any
provision of this Declaration and no action to enforce any such provision shall affect,defeat,
render invalid or impair the lien of any mortgage,deed of trust or other lien on any Unit taken
in good faith and for value and perfected by recording in the office of the Clerk and Recorder of
Pitkin County, Colorado, prior to the time of recording in said office of an instrument
describing the Unit and listing the name or names of the Unit Owner or Unit Owners of fee
simple title to the Unit and giving notice of such violation, breach or failure to comply; nor
shall such violation, breach or failure to comply or action to enforce affect, defeat, render
invalid or impair the title or interest of the holder of any such mortgage,deed of trust,or other
lien or the title or interest acquired by any purchaser upon foreclosure of any such mortgage,
deed of trust or other lien or result of any liability,personal or otherwise,of any such holder or
purchaser. Any such purchaser on foreclosure shall,however,take subject to this Declaration
except only that violations or breaches of, or failures to comply with, any provisions of this
Declaration which occurred prior to the vesting of fee simple title in such purchaser shall not be
deemed breaches or violations hereof or failures to comply herewith with respect to such
purchaser, his heirs,personal representatives, successors or assigns.
11.8 Limited Liability. If appointed by Declarant,in the performance of their duties,the officers and
members of the Executive Board are required to exercise the care required of fiduciaries of the
Unit Owners. If not appointed by the Declarant, no member of the Executive Board and no
officer shall be liable for actions taken or omissions made in the performance of such member's
duties except for wanton and willful acts or omissions.
11.9 Tort and Contract Liability. Neither the Association nor any Unit Owner except Declarant is
liable for any cause of action based upon that Declarant's acts or omissions in connection with
any part of the Project which Declarant has the responsibility to maintain. Otherwise,any action
alleging an act or omission by the Association must be brought against the Association and not
against any Unit Owner. If the act or omission occurred during any period of Declarant Control
and the Association gives Declarant reasonable notice of an opportunity to defend against the
action,Declarant who then controlled the Association is liable to the Association or to any Unit
Owner for all tort losses not covered by insurance suffered by the Association or that Unit
Owner and all costs that the Association would not have incurred but for such act or omission.
Whenever Declarant is liable to the Association under this section,Declarant is also liable for,
and the Association shall recover from Declarant,all expenses of litigation,including reasonable
attorneys'fees,incurred by the Association. Any statute of limitation affecting the Association's
right of action under this section is tolled until the period of Declarant Control terminates. A
Unit Owner is not precluded from maintaining an action contemplated by this section by being a
Unit Owner or a member or an officer of the Association.Declarant is liable to the Association
for all funds of the Association collected during the period of Declarant control which were not
properly expended.
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11.10 Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit
of the Association, each Unit Owner and their respective heirs, personal representatives,
successors and assigns.
11.11 Severability. Invalidity or unenforceability of any provisions of this Declaration in whole or in
part shall not affect the validity or enforceability of any other provision or any valid and
enforceable part of a provision of this Declaration.
11.12 Captions. The captions and headings in this instrument are for convenience only and shall not
be considered in construing any provisions of this Declaration.
11.13 No Waiver. Failure to enforce any provisions of this Declaration shall not operate as a waiver
of any such provision or of any other provision of this Declaration.
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IN WITNESS WHEREOF, this Declaration is executed as of August ,2006.
DECLARANT:
ASPEN GK III,LLC, a Colorado limited liability company
By:
Charlie Kaplan,Manager
Mailing Address: 646 West 131"
2°d Floor
New York,NY 10027
STATE OF etskessea )
ss.
COUNTY OF C.A./ )
The foregoing instrument was acknowledged before me this day of
2006 by Charlie Kaplan, Manager of Aspen GK HE, LLC, a Colorado
limited liability company.
Witness my hand and official seal. J
My commission expires:,rr/. aalic
/��
LESLIE HINELINE BOYER
NOTARY PUBLIC
• STATE OF COLORADO
My Conxmlon Expires 04/05/2008
111111111111111111111011529506
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1:
LOT 1A, LITTLE AJAX SUBDIVISION P.U.D. AND FINAL P.U.D. PLANS FOR LITTLE AJAX
AFFORDABLE HOUSING P.U.D., according to the Re-Plat of Lots 1 and 2,Little Ajax
Subdivision P.U.D. and Final P.U.D. Plans for Little Ajax Affordable Housing P.U.D.,recorded
May 13, 2005 in Plat Book 73 at Page 3 as Reception No. 510056.
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EXHIBIT B
UNIT ALLOCATIONS OF COMMON AREA
INTEREST AND ASSESSMENTS FOR
LITTLE AJAX CONDOMINIUM ASSOCIATION
Building Unit Address Category Bedrooms Price Points
B Unit 102, 605 West Hopkins Ave 4 2 $266,000 3
B Unit 103,605 West Hopkins Ave 3 3 $199,000 4
A Unit 201,605 West Hopkins Ave 4 3 $293,000 4
B Unit 202,605 West Hopkins Ave 4 3 $293,000 4
B Unit 203,605 West Hopkins Ave 4 3 $199,000 4
C Unit 204,605 West Hopkins Ave 4 3 $199,000 4
C Unit 205, 605 West Hopkins Ave 3 3 $293,000 4
C Unit 206,605 West Hopkins Ave 3 3 $293,000 4
C Unit 207,605 West Hopkins Ave 4 3 $199,000 4
D Unit 208, 605 West Hopkins Ave 4 3 $293,000 4
D Unit 209,605 West Hopkins Ave 3 3 $193,000 4
b Unit 210, 605 West Hopkins Ave 4 3 $293,000 4
E Unit 211,605 West Hopkins Ave 4 3 $293,000 4
E Unit 212,605 West Hopkins Ave 4 3 $293,000 4
Total Points 55
529506
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JANICE K VOS CRUDILL PITKIN COUNTY CO R 256.00 D 0.0E
46
Little Ajax Condominium Association
Condominium Declaration
RECEIVED
06/14/2018
ASPEN
BUILDING DEPARTMENT
•
EXHIBIT C
MASTER DEED RESTRICTION
529506
11111111111111111,11 II
Page: 47 of 57
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JANICE K VOS CAUDILL PIrKIN COUNTY CO R 286.00 D 0.00
Lithe Ajax Condominium Association
Condominium Declaration
RECEIVED
06/14/2018
ASPEN
BUILDING DEPARTMENT
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JANICE K VOS CAUDILL PITKIN COUNTY CO R 286.00 /e5 0
/200806 003
R 71.,La; IVED
.... ,
605 WEST HOPKINS AVENUE
EXHIBIT - D N
REAR YARD PRIVATE PATIO ALTERNATIVES
0 6/14/2 018
CATE SCALE
ASPEN
09.18.2006 1/16"=1-0"
BUILDING DEPARTMENT
ALTERNATIVE 01 ALTERNATIVE 02
MATERIAL SUPPLIERS
TOP VIEW TOP VIEW
.r 10'-0" ,I' .r 10'-0" .r STONEDUST
—i HALL IRWIN
j' �; CONTACT: AMY GRAFF
< STEEL r { f E—PAVE 3260 CENTER DRIVE
STONEDUST —
EDGING g"x116 i - - ' . . - TECH MILLIKEN, CO 80543
5' , ON ALL o i f CaiCRaTE-'}�J'' i EDGE TEL 970.587.9898
In SIDES 1• J PAVERS ' ._ y FAX 970.587.6719
4'-0..
CELL: 303.356.6635
T\ I PRODUCT SPECIFICATION:
1 -4 it" /� 1._4... �, /' 1 _ GREY BREEZE
EXISTING GRAVEL PATH EXISTING GRAVEL PATH
STEEL EDGING
EXISTING CONCRETE EXISTING CONCRETE PLANTED EARTH
PAVERS PAVERS 37925 HWY. 82
2" COMPACTED NEW PAVERS ASPEN, CO 81611
STONEDUST OVER TO MATCH EXISTING TEL: 970.544.5718
4" CRUSHED STONE PRODUCT SPECIFICATION:
OVER COMPACTED 6" HIGH ROLLED TOP
SECTION EARTH SECTION
VIEW VIEW "PAVE-TECH"
STEEL EDGING —
EDGE W/ 10" PAVERS. + PAVE+TECH EDGE
SPIKE MAYNE BLOCK
,�nru Halo GYPSUM, CO
, � tr =. j TEL: 970.524.7733
' ,._y , , •�1 L�i 2' .l�s, �-R-,a�`3.f}' .! E_f } ` 'R7 `1� 'L I ..
_ �_ '�`��-�. � ' FAX 970 524 7731
• i . I I 1 I I SPECIFICATIONS:
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; i l:_ - I I I: I'.. PATIO BLOCK — 8"X
BORGERT PAVER
REMOVE/RE-USE 4" CRUSHED STONE PEWTER COLOR
, rJ'29506 EXISTING
Page: 49 of 57 PAVE-TECH EDGE 2" SAND PAVETECH EDGE: 10' LENGTH
10/03/2008 03:24F
JANICE K VOS CAUOILL PITKIN COUNTY CO R 286.00 D 0.00 1
605 WEST HOPKINS AVENUE RECEIVE
YARD PRIVATE PATIO ALTERNATIVES EXHIBIT - D
OAT, sc 06/14/2018
09.18.2006 TOP VIEW:1/4"=l'-0",SECITON VIEW:3/4"=1'-0"
ASPEN
BUILDING DEPARTMEN
EXHIBIT E
IDENTIFICATION OF BLUE ZONE,GREEN ZONE AND OPEN SPACE A
I
11113
529506 P5ia250of
5
7
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JANICE
K V06 CAUDILL PITKIN COUNTY CO 0/05/2006 03.24E
R 288.00 p 0 �
•
48
Little Ajax Condominium Association
Condominium Declaration
06/14/2018
ASPEN
BUILDING DEPARTMENT
52950
Pape: 51 of 57
10/05/20066 03:24F
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1 —./ -.�•,.� LEGEND
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Proposed Building 1�` .;Proposed Impact Berm Blue Zone Area of the Site where
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� TCLP values exceeded
Improved Trail /�� -— 5 mglL
Proposed Rockfall Fence- ; t
Blue Zone V....----1 ` 1 Green Zone Area of the Site where
1 1 TCLP values did not
Open Space® 1 —Site Boundary exceed 5 mglL
1 �'' Open Space°i4 Section of Site that
1 .' includes very steep
Proposed Open Space,Zone Q - slopes with mature
i ' evergreen trees.
. • Evidence of mine
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• waste rock was not
1 -' observed. No VCUP
1 -' components are
planned for this zone.
WASTE ENGINEERING, INC. D Ni W Little a
DE R_ Cf®.AW_
Sit c.lorads Avenue,Suns 307 PROJECT NO. FKiUR
CiHECI( pill_
or.mr.od spans•,co ecest 012
a� asaaio5 Proposed DevelopmentED
........ SCALE 7-=50•
06/14/2018
ASPEN
BUILDING DEPARTMENT
EXHIBIT F
AS-BUILT DIAGRAM SHOWING SOIL PLACEMENT ON PROPERTY
111111111111113 II IN 52955206
Pape: of 57
JANICE K VOS CAUDILL PITKIN COUNTY CO R 286.00 /05/2006 0 0.00 03'24F
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Little Ajax Condominium Association
Condominium Declaration
RECEIVED
06/14/2018
ASPEN
BUILDING DEPARTMENT
landscape Area A �_��4 op.n Bp■<e Ices.
t'Clean MD Over Vleual - Mr no Miti/1Uon)
Barrier,Rereplated. '>'
(Blue Zoos)
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4ndacaped,(Cr...urea) /'Bel.t Grade Plt - _
Burl• Yards TCLP \• e
as..sMaterialwLLh/'Road '�, / . I -
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-a • ' Foundation Am , i I
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( Mitigation Required. at
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Sample number corresponds to table titled: Removed t'Boll Replaced with •
"XRF Results, Area South of Building, I' wan Fill(oresa Tow)
August 31, 2005".
Note: XRF samples taken after excavating was i
\\
completed and before any backfilling with clean
Boil.
1
Explanation AL-Walsh ,
• 29 XRF Sample Point Above 400 ppm Lead I N r'
e 22 XRF Sample Point Below 400 ppm Lead em4 el:14. l eowuala aad engineers.LI.0 .
v" Final Contours, Elevation Shown a "r,v, Little Ajax As—Built and
0 Asphalt • VP — Verification Pit I I XRF Sample Locations 0 /14 2 0 18
Ej aeeanairan euta
Concrete Property Line Job 6045-010 'Date 07/06I Figure 1
ASPEN
BUILDING DEPARTMENT
LITTLE AJAX CONDOMINIUMS
RULES AND REGULATIONS
Pursuant to the Condominium Declaration and Bylaws of the Little Ajax Condominiums("Association"or
"Complex"herein),the Executive Board(Board)has adopted the following Rules and Regulations to govern
the use and enjoyment of the Little Ajax Condominiums.Complex also refers to all condominium units plus
the general and limited common elements.The Board desires to ensure the highest possible standards of living
experience within the complex.In order to accomplish this,the Board requests the cooperation of all persons
residing in or visiting the complex in the observance of the following:
1. Pets.
1. Permitted.Domestic dogs and cats,but no other pets,shall be allowed in a Unit and
on the premises of the complex without the prior written approval of the Association,provided that(i)
no more than two cats,or one cat and one dog,or one dog may reside in a Unit at any time,(ii)dogs
shall not exceed ninety-five(95)pounds,and(iii)no pit bull terriers,doberman pinschers,mastiffs or
any aggressive or vicious dogs shall be allowed.
2. Mandatory Review/Right to Amend.As soon as is practicable after three(3)months
from the date of closing of the sale of the first Little Ajax Condominium unit to a purchaser, the
Executive Board of the Association shall meet to review the policies and procedures regarding pets set
forth herein. The Association shall have the right at that time and any time thereafter,to amend or
modify these rules and/or procedures regarding pets,including the right to prohibit any and/or all pets
within the complex or the units at any time,provided,however,that in the event the Association elects
to prohibit pets at any time,such prohibition shall apply only prospectively,to new owners and/or new
pets for existing owners.In no event shall an existing pet owner who is not in violation of any of the
provisions of these Rules and Regulations regarding pets be required to remove a pet from the
complex when any such rule is enacted.
3. Restriction on Pets.No pets shall be allowed to run at large on the complex,nor shall
any pets be tied to or confined on any general or limited common element of the complex at any time,
including decks and patios. No pets shall be allowed outdoors unattended and unleashed.No pets
shall create a nuisance or disturb the peace of the complex or other owners, including without
limitation,any destruction to landscaping or other common elements on the complex;any commotion,
disturbance or littering of trash receptacles or dumpsters on the complex; and the like.
4. Violations. In the event of any violation of these provisions, any owner or the
Association may file a complaint with the Executive Board. Upon receipt of any complaint of a
violation,the Executive Board shall schedule a hearing as soon as practicable to hear the complaint
and give the owner of the offending pet the opportunity to rebut the complaint.
After hearing the evidence and arguments presented, the Executive Board shall determine
whether a violation has occurred.The Executive Board's decision in the matter shall be final and not
appealable.In the event the Board determines a violation has occurred,it shall have the authority to
impose a fine or any other enforcement it determines appropriate,except in the case of pets running
free within the complex, tied up or confined to a common element, or causing a disturbance or
nuisance.In each of these cases,the fine for each offense shall be fifty dollars($50.00),for the first
two offenses.All fines shall be treated as assessments and the Association shall have the authority to
impose an assessment lien for any unpaid fines hereunder. In the event any pet is the subject of any
three valid complaints(i.e.,complaints the Executive Board has ruled valid),the offending pet shall
0
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BUILDING DEPARTMENT
immediately be evicted from the Little Ajax Condominiums.Until the date the pet physically leaves
the premises,the owner shall be fined one hundred dollars($100.00)per day for each day after the
effective date of the Board's decision until the pet is no longer on the premises. Thereafter, the
offending pet's owner shall be thereafter precluded from owning any other pets on the premises
without prior approval of the Association.In addition,the Association reserves the right to turn off the
utilities to the unit of an owner whose pet is in violation and who has not paid the appropriate fine,
ceased the objectionable behavior or removed his pet from the premises.
2. Parking&Vehicle Maintenance.Only operable and currently licensed automobiles,trucks,
vans and motorcycles,not exceeding one ton in size,shall be kept or maintained on the Common Elements.No
vehicle maintenance or repair shall be carried out at any Unit or on the Common Elements.No motor homes,
boats,snowmobiles or similar recreational vehicles and no trailers shall be parked within the Project.Parking
spaces shall be maintained as parking spaces and not used for any other purpose.Parking of permitted vehicles
shall be limited and restricted to parking areas for Owners and guests.The Association shall have the right to
preclude any vehicle or motorcycle that makes excessive noise,in the Executive Board's determination,from
parking on the common elements.Any owner,guest or tenant parking in unauthorized spaces may be towed,
booted and/or fined, in the Association's discretion. Any fine shall not be less than one hundred dollars
($100.00)per occurrence.
3. Use.The complex shall be used solely for residential purposes and for services,activities,and
recreation in conjunction with said residential use. No business or commercial use of any nature may be
conducted within a unit or on the complex,except for home occupations as defined by the Aspen Municipal
Code,as amended,and as approved by the Association.
4. Insurance.Nothing may be done or stored within the complex that might result in an increase
in the premiums for insurance obtained for any portion of the complex or which might cause cancellation of
such insurance.
5. Violation of The Law.Nothing shall be done within the complex that would be in violation of
any statute, rule, ordinance, regulation, permit, covenant or other validly imposed requirement of any
governmental body,including the zoning,subdivision or building restrictions of the City of Aspen.
6. Garbage I Trash. All garbage/trash shall be placed in sealed garbage cans and stored in the
unit or a dumpster or dumpsters provided by the Association until garbage/trash pick up day. Trash,debris,
and/or garbage left in the common areas may be removed by the Association and the Association shall impose
a fine in the amount of fifty dollars ($50.00)per occurrence, assessed against the unit responsible for such
trash.
7. Decks&Patios:Common Elements.In all cases,the Board of Directors will be the final judge
as to the condition of the common areas,in order to ensure a pleasing appearance to the entire complex.No
unit owner shall obstruct,damage or commit waste to any of the common elements.Except as provided herein
and in the Declaration,no unit owner shall change,alter,repair or store anything in or on any of the common
elements without the prior written consent of the Association.
8. Antenna. No antenna of any sort shall be placed,allowed,or maintained on any portion of the
general or limited common elements without the prior approval of the Association,which may be withheld in
the sole discretion of the Association.
9. Personal Property.Any persona]property left in the general or limited common elements may
2
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o 0.00 06/14/2018
ASPEN
BUILDING DEPARTMENT
be presumed abandoned and will be disposed of by the Association at no liability to the Association. The
Association shall not be responsible for any loss,due to theft,damage or otherwise,to any personal property
stored or otherwise left on any common element,whether allowed or prohibited by the Rules and Regulations.
10. No Noxious,Offensive,Hazardous or Annoying Activities.No noxious or offensive activity
shall be carried on upon any part of the project nor shall anything be done or placed on or in part of the project
which is or may become a nuisance or cause embarrassment,disturbance or annoyance to others. No activity
shall be conducted on any part of the project and no improvements to any person or property.No sound shall
be emitted on any part of the project which is unreasonably loud or annoying.No odor shall be emitted on any
part of the project which is noxious or offensive to others.No light shall be emitted from any part of the project
which is unreasonably bright or causes unreasonable glare.
11. No Unsightliness.No unsightliness shall be permitted on or in any part of the project.Without
limiting the generality of the foregoing,nothing shall be kept or stored on or in any of the common elements,
nothing shall be hung or placed on any of the common elements,and nothing shall be placed on or in windows
or doors of units which would or might create an unsightly appearance.
12. Restriction on Signs. No signs or advertising devices of any nature shall be erected or
maintained on any part of the project.
13. Maintenance of Units and Common Elements.Each unit and all improvements,fixtures and
furniture and equipment therein shall be kept and maintained by the unit owner in a clean,safe,attractive and
sightly condition and in good repair.No structural alterations within any unit or with respect to any common
elements shall be made and no electrical,plumbing or similar work within any unit(except minor repair work
localized within the unit not affecting these overall utility systems) shall be done without the prior written
consent of the Association and any building or other permits required by the City of Aspen.
14. Owner Caused Damage.If,due to the act or neglect of a unit owner,loss or damage shall be
caused to any person or property,including the project or any unit therein,such unit owner shall be liable and
responsible for the same except to the extent that such damage or loss is covered by insurance obtained by the
Association and the carrier of the insurance has waived its rights of subrogation against such unit owner.The
amount of such loss or damage may be collected by the Association from such unit owner as a special
assessment against such unit owner,by legal proceedings or otherwise,and such amount shall be secured by a
lien on the unit of such unit owner as provided elsewhere in this Declaration for assessments or other charges.
15. Lease Requirements.
1. Any lease shall be in writing and provide that the lease is subject to the terms of the
Master Deed Restriction Agreement, Declaration, Bylaws, and these Rules and
Regulations.
2. Any failure to comply with the terms of the Deed Restrictions,Declarations,Bylaws,
these Rules and Regulations,or any governing documents of this Association shall be
a material default under the lease, enforceable by the Association. In addition,
whenever this Declaration or any rule or regulation of the Association prohibits any
action of, or assigns responsibility to, any unit owner and any provision of the
Declaration or rule or regulation is violated by a tenant,licensee or guest of any unit
owner(or anyone occupying the premises with his consent),the unit owner shall be
responsible for any such violation to the same extent as if the unit owner had
till
3
C
1II 11111 'ill, 1Page:56 o f 03?24F lil I llli li II llllli�
JANICE K VOS CAUDILL PITKIN COUNTY CO R 288.00 D 0.00
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BUILDING DEPARTMENT
committed the same (except to the extent that such liability is prohibited by law).
3. Each owner shall be individually responsible to send to the offices of the Association
or its Management Company:(1)A copy of any current lease between that owner and
their tenant(s),as well as the tenant(s)phone number and local mailing address;and
(2)A copy of the current Rules and Regulations signed by the tenant(s).
16. No Impairment of Structural Integrity. Nothing shall be done,without the written consent of
the Association,in,on or to,any unit or the common elements,or any portion thereof,which might impair the
structural integrity of the buildings or which would structurally change the buildings.
17. Bicycles. All bicycles shall be kept in an owner's unit, on a limited common element
appurtenant to an owners'unit,or in areas specifically designated for bicycle storage on the common elements
by the Association.
18. Assessment-Late Payment Interest. Any assessment received after the 5th day of the month
shall accrue interest on the unpaid balance at the rate of 1'/4%per month.
19. Fines. After fifteen (15)days written notice to a unit's owner, continuing and/or negligent
disregard for any of these Rules and Regulations or any other governing covenants of the Association by an
owner or guest may result in the offending unit being assessed an additional monthly amount,at the discretion
of the Board of Directors,of up to two hundred dollars($200.00),plus the cost of actual damages.Continuous
and repeated violations for more than twelve (I2) months may result, at the discretion of the Board of
Directors,in additional assessment being raised to one thousand dollars($1,000.00)per month,plus the cost of
actual damages.The Association shall have the authority to shut off utilities to any offending unit for failure to
pay any fines or for failure to abide by these Rules and Regulations.
/ These Rule and Regulations of the Little Ajax Condominiums are adopted the Ohday of &•r•—•
200 6 •,by unanimous consent of the Executive Board of the Little Ajax Condominium Association.
Cave, •
Charlie Kaplan,President
Little Ajax Condominium Association
529506
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D
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COUNTY 1111011111\151111
NOl1N TKr
JRN[CE K VOS �gUDILL PI
4
RECEIVED
06/14/2018
• ASPEN
BUILDING DEPARTMENT