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HomeMy WebLinkAboutSchedule A to Application - Declaration (52495312v1)SCHEDULE A RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 2 OF 8, Janice K. Vos Caudill, Pitkin County, CO ARTICLE 2 NAMES: DESCR-1-MU N OF REAL ESTATE CCIOA CONDONUNU M. Section 2.01. Nes (a) Condominium. The name of the Condominium is the Melville Condominiums (the "Condominium"). This Common Interest Community is a Condominium regime. (b) Association. There shall be no homeowners association. Section 2.02. Real Estatg. The Condominium is located in Pitkin County, State of Colorado, on Real Estate described above. ARTICLE 3 Ems Secho_,, n 3.01_. Number o Ups. The number of Units in the Condominium is two (2). The Declarants reserve no rights to create additional Units. Section 3,02, Idenoft&H of Units. The identification name or number of each Unit is shovywon the Condominium Map. The Units are named Unit 1286 and Unit 1290. Section 3,03. Unit H2Bndarig/1aintenance and Repair. The boundaries of each Unit are located as shown on the Condominium Map and are more particularly described as the exterior walls, floors and roofs of each Unit. The wail between the units shall be a Common Element. Each owner shall be solely responsible for all repairs and maintenance related to his/her Unit and there are no shared expenses between the Unit Owners except as related to the Driveway Area as set forth in Article S, below. SectioQ 3.04. Subdivision of Uniits. A Unit shall not be fiuther subdivided. ecdon 3.05. Mechanics Lien. No labor performed or materials furnished for use in connection with any Unit with the consent or at the request of the Unit 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 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 the other Unit Owner 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 owner's unit. Any Unit Owner shall have the right to enforce such indemnity by -2- RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 3 OF 8, Janice K. Vos Caudill, Pitkin County, CO 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 attorneys' fees. ARTICLE 4 COMMON ELEMENTS AND LEMMD COMMON ELEMENTS Section 4.01. !Common Elements. (a) The "Common Elements" means all portions of the Condominium other than the Units. They shall be owned jointly by the Unit owners according to the respective percentages of their pro rata share of Limited Common Elements appurtenant to their Units. (b) Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of all Limited Common Elements appurtenant to his/her Unit. Without limiting the generality of the foregoing, said obligations shall include keeping the Limited Common Elements in good, clean, attractive and sanitary condition, order and repair, removing snow or any other materials from the common elements to permit access to the Condominiums and any Unit, keeping the Common Elements attractive and desirable and making necessary or desirable alterations, additions, betterments or improvements to or on the common elements, and paying utility charges which are applicable to each Unit even if such charge is made by a shared meter or invoice. (c) If damage is inflicted, or a strong likelihood exists that it will be inflicted, upon any of the common elements or any Unit, the Unit Owner responsible for the damage, or expense to avoid damage, is liable for the cost of prompt repair. Pion 4.02. Limited Common Elemen�a. (a) A "Limited Common Element" means a portion of the Common Elements, designated in this Declaration, or on the Condominium Map, or by the Act, for the exclusive use of one but not both Units. (b) The following portion of the building, in addition to the portions described in Section 38-33.3-202(l)(b) and (d) of the Act, are designated as Limited Common Elements: (i) the lawn, driveway and parking areas as shown on the Condominium map, (ii) any chute, flue, duct, wire, conduit, pipe, cable, bearing wall, bearing column or any other fixture lying partially within and partially outside the designated boundaries of a Unit, or any portion thereof; -3- RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 4 OF 8, Janice K. Vos Caudill, Pitkin County, CO (iii) shutters, awnings, window boxes, doorsteps, stoops, porches, roof overhangs, balconies, and patios and all exterior doors and windows or other fixtures designed to serve a single Unit but located outside the units boundaries; (iv) balconies, patios or decks; (v) doors leading from Units to balconies, and their related frames, sills and hardware. Section 4_D3. Allocation of Specified Common Element The only Common Element for use by both of the Unit Owners shall be the Driveway Area labeled Common Element on the Condominium Map. Otherwise, each Unit Owner shall have the exclusive use of that portion of the Common Elements adjacent to the respective Units, depicted as L.C.E. on the Condominium Map. ARTICLE 5 MAINTENANCE. REPAIR AND REPLACEMENT Section 5.01. Unit Each Unit owner shall be obligated to and shall provide for the care, operation, management, maintenance, improvement, repair and replacement of his/her Unit. Without limiting the generality of the foregoing, said obligations shall include but not be limited to keeping the Unit in good, clean, attractive and sanitary condition, order and repair, including all interior and exterior surfaces, roofs, and all pipes, utility lines, etc. which are located within the walls, ceilings and floors of each Unit. Section 5.02. Limited ConuLmon Elements. Because each of the Units have been designated a specific yard area surrounding the Unit as a Limited Common Element, and because these areas are somewhat different with regard to landscaping and size, the square footage of driveway and sidewalk areas and snow removal requirements, the cost for work associated with each of the Unit's yard areas shall be allocated to each Unit accordingly. With regard to installation of new landscaping or fencing on the Limited Common Elements, written consent must first be obtained from the other Unit Owner, which consent shall not be unreasonably withheld so long as the planned landscaping and/or fencing does not unreasonably negatively impact the other Unit Owner, but costs for such new installation shall be borne solely by the Unit Owner requesting the same. Section 5.03. Roof and Party WaU. A portion of the roof at the rear of Unit 1290 overhangs into the airspace of Unit 1286. The Unit 1290 owner shall have the right to access and maintenance of this roof area Each owner agrees to allow the other to access that potion of the other Unit for the purposes of maintaining any portion of the wall between the units or the Owner's roof. 10 RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 5 OF 8, Janice K. Vos Caudill, Pitkin County, CO ARTICLE 6 RESTRICTIONS ON USE, ALIENATION AND OCCUPANCY Section 6.01. No Noxiona. Offensive, Hazardous or Annoying Activities. No noxious or offensive activity shall be carried on upon any part of the Condominium nor shall anything be done or placed on or in part of the Condominium nor shall anything be done or placed on or in part of the Condominium 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 Condominium and no improvements shall be made or constructed on any part of the Condominium which are or might be unsafe or hazardous to any person or property. No sound shall be emitted on any part of the Condominium which is unreasonably loud or annoying. No odor shall be emitted on any part of the Condominium which is noxious or offensive to others. No light shall be emitted from any part of the Condominium which is unreasonably bright or causes unreasonable glare. Section 6.02. No Unsighess. No unsightliness shall be permitted on or in any part of the Condominium. 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. Section 6.03. Maintenance of Units and Common Elements. Each Unit exterior and the common elements and limited common elements shall be maintained in a clean, safe, attractive and sightly condition and in good repair. No major alterations to the exterior of a Unit or with respect to any common elements shall be made without the prior written consent of both Unit Owners. Section 6.04. Owner Causal 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 Condominium 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 Unit Owner. Section 6.05. No Imuairment of Structural Integrity. Nothing shall be done, without the written consent of the other Unit Owner, in, on or to, any Unit or the common elements, or any portion thereof; which might impair the structural integrity of the Condominium. -5- RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 6 OF 8, Janice K. Vos Caudill, Pitkin County, CO Section 6.06. No Violation of Rules. No Unit Owner shall violate the provisions of this Declaration. In the event any Unit Owner is required to seek enforcement through legal proceedings, all attorneys' fees, costs and expenses shall be paid by the defaulting Owner. Section 6.07. Resgonsibilities 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 some (except to the extent that such liability is prohibited by law). Section 6.0$. Rcobje ens of Alienation. A Unit may not be conveyed pursuant to a time-sharing arrangement described in Sections 38-33-110 to 113, Colorado Revised Statutes. ARTICLE 7 INSURANCE Section 7.01. Insuranee B aukements Generaliv. Commencing upon purchase of a Unit, each Unit Owner 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, from responsible companies duly authorized to do insurance business in the State of Colorado. All such insurance, to the extent possible and applicable, shall name the other Unit Owner as an additional insured. Section n 7.02 Property Insurance. (a) Each Unit Owner shall obtain and maintain property insurance insuring the entirety of his/her Unit and its appurtenant L.C.E.s against loss or damage by fire and such other hazards as are covered under standard extended coverage policies, vandalism and malicious mischief. (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 exterior Units as well as the finished interior surfaces of the walls, floors, and ceilings of the Units. The insurance shall include improvements and betterments installed by Unit Owners. Section 7.03. General Liability Insarance. Each Unit Owner shall obtain and maintain 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 $1,000,000.00 for each occurrence including bodily injury and/or property damage, insuring the Unit Owner and his/her respective employees, agents, and all persons acting as agents. The other Unit Owner shall be 0 RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 7 OF 8, Janice K. Vos Caudill, Pitkin County, CO included as an additional insured, 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. Section 7.04. Insurance by Uwners. Each Unit Owner shall be responsible for obtaining insurance he or she deems desirable for his or her Unit, including insurance covering furnishings and personal property belonging to that Unit Owner and covering personal liability of that Unit Owner. Section T.05. RMhMqjk)n or Damaue to Prgnerty. (a) Any portion of the Condominium for which insurance is required under this section which is damaged or destroyed must be repaired or replaced promptly by the Unit Owner unless the Condominium is terminated, or repair or replacement would be illegal under any state or local statute or ordinance governing health or safety, or one hundred percent (100%) of the Unit Owners vote not to rebuild, or prior to the conveyance of any such Unit to a person other than Declarants, the holder of a deed of trust or mortgage on the damaged portion of the Condominium righdWy demands all or a substantial part of the insurance proceeds. (b) The cost of repair or replacement in excess of insurance proceeds and reserves is an expense to be borne solely by the Unit Owner affect, ire , the Unit Owner of the Unit or its appurtenant L.C.E.s. ARTICLE 8 Mg—SQUAMMMUS Section SM, Amm&W of Declaration, This Declaration may be amended pursuant to Section 38-33.3-217 of CC10A. Amendment to the Declaration or to the Condominium Map shall be prepared, executed, recorded, and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Declaration or to the Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Declaration must be recorded in Pitkm County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one year after the amendment is recorded. Section 8.OZ. ftc_g saors and Aasi¢na. This Declaration shall be binding upon and shall inure to the benefit of the Unit Owners, each Unit Owner and their heirs, personal representatives, successors and assigns. Section, 8.03. $evera_b_ility. 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. -7- RECEPTION#: 558192, 04/23/2009 at 10:10:21 AM, 8 OF 8, Janice K. Vos Caudill, Pitkin County, CO Section 8.04. Captions The captions and headings in this instrument are for convenience only and shall not be considered in construing any provisions of this Declaration Section 8.05. 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. IN WITNESS WHEREOF, the Declarants have caused tins Declaration to be executed this �2p day of A P R I L- , 2009. STATE OF COLORADO ss. COUNTY OF PTTKIN DECLARANTS: Craig W. Melville Teresa M. Lee -Melville Rat h . Melvill Marian H. Melville The foregoing was subscribed and sworn to before me this z o day of _k- , 2009, by Craig W. Melville, Teresa M. Lee -Melville, Ralph P. Melville and Marian H. Melville. Witness my hand and official seal. My commission expires: J. SCOTT NORRIS NOTARY PUBLIC STATE OF COLORADO MC1VIllC On F fnires 1110612010 -8- RECEPTION#: 561106, 07/22/2009 at 11:32:00 AM, 1 OF 2, R $11.00 Janice K. Vos Caudill, Pitkin County, CO FIRST AMENDMENT TO THE CONDOMINIUM DECLARATION FOR MELVILLE CONDOMINIUMS July Qom, 2009 This document shall constitute an amendment to the Condominium Declaration for Melville Condominiums recorded as Reception No. 558192 of the Records of the Clerk and Recorder, Pitkin County, Colorado, (hereinafter "Declaration") for all that property known as Lot 5, Block 2, Snowbunny Subdivision according to the plat thereof, recorded May 2, 1957 in plat book 2A at page 229 also known as 1286 and 1290 Snowbunny Lane, City and Townsite of Aspen, together with all easements, rights of way, reservations and all other rights appurtenant thereto, all improvements and all attached fixtures thereon, and any right, title and interest in and to adjacent streets, roads or alleys, and all minerals and mineral rights not heretofore reserved (all of said rights and interests being hereinafter referred to as the "Property"). The Property was divided into condominium Units as depicted on the condominium map of the Melville Condominiums recorded as Reception No. 558191, which Units shall be referred to as the "Melville Condominiums". (All references to Book, Page and Reception Number are to the records of the Clerk and Recorder of Pitkin County, Colorado.) ARTICLE I - AFFIRMATION Except as expressly amended herein, nothing herein shall be construed to alter or amend the Declaration to the extent not expressly amended herein, said Declaration is hereby affirmed. ARTICLE II - RESTATEMENT OF ARTICLE 8, SECTION 8.01OF THE DECLARATION In accordance with Article 8 of the Declaration and with prior approval of one hundred percent (100%) of the Unit Owners, the Declaration is hereby amended to restate Article 8, Section 8.01 in its entirety as follows: Section 8.01. Amendment of Declaration and Condominium Map. This Declaration may be amended pursuant to Section 38-33.3-217 of CCIOA. Amendment to the Declaration or to the Condominium Map shall be prepared, executed, recorded and certified by 100% of the Unit Owners. All expenses associated with preparing and recording an amendment to the Declaration or to the Condominium Map shall be shared equally by the Unit Owners. Every amendment to the Declaration or Condominium Map must be recorded in Pitkin County and is effective only upon recordation. No action to challenge the validity of an amendment properly adopted by the Unit Owners pursuant to this section may be brought more than one (1) year after the amendment is recorded. Notwithstanding anything to the contrary set forth above, at any time, either Unit Owner First Amendment to the Declaration For Melville Condominiums Page 1 of 2 RECEPTION#: 561106, 07/22/2009 at 11:32:00 AM, 2 OF 2, Janice K. Vos Caudill, Pitkin County, CO may request a modification to the Condominium Map to equalize the limited common area acreage for each Unit. If a Unit Owner exercises this right to modify the Condominium Map, all Unit Owners shall equally split all costs associated therewith, including without limitation, all costs associated with amending the Condominium Map in accordance with Pitkin County regulations. IN WITNESS WHEREOF, the undersigned, being one hundred percent (100%) of the Unit Owners of the Melville Condominiums have executed this First Amendment to the Declaration this �22 day of July, 2009. L Craig W. M91ville By: Ral P. Melville STATE OF COLORADO ) ss COUNTY OF �, ) Teresa M. Lee -Melville n By: Marian H. Melville NOTAff PUBLIC STATE OF _COI_,ORADO My G s xrires 08125/2012 The foregoing instrument was acknowledged before me this 7Z-VO, day of July, 2009, by Craig W. Melville and Teresa M. Lee -Melville. Witness my hand and official seal. My Commission expires: N_.._ STATE OF COLORADO ) JE" FE!Z IR IN ss. NOTARY' -PUBLIC S'?'.4T�: OIL COLORADO COUNTY OF The foregoing instrument was acknowledged before me this 1 day of July, 2009, by Ralph P. Melville and Marian H. Melville. Witness my hand and official seal. My Commission expires: Not Public First Amendment to the Declaration For Melville Condominiums Page 2 of 2