HomeMy WebLinkAboutcoa.lu.ex.LotsK-M,Blk94-B.P.O.E.Condo.1990
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EXHIBIT A
Legal Description
Lots K Land M, Block 94,
City a~d Townsite of Aspen,
County of Pitkin
State of Colorado
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ENCROACHMENT AGREEMENT
Tl;1is agreement made and entered into this J :;;.... day
~~,~ , 19~, by and between the CITY OF ASPEN, Pitkin
Color do, her inaft r referred to as "Aspen" and
,E. '[ '{'::, (OhCQ VY>lY)
hereinafter referred to as "Licensee."
of
County,
WHEREAS, Licensee is the owner of the following described
property located in the city of Aspen, Pitkin County, Colorado:
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City of Aspen, Pitkin County, Colorado
WHEREAS, said property abuts the following described public
right-of-way(s): ;Joo I::JIOLI(. 5. ro"I'--I'Ylf\,
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WHEREAS, Licensee desires to encroach upon said right-of
way(s) Hy....,..~ o.v"'~- N7S,o 09'II"W SS.()'
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WHEREAS, Aspen agrees to the grant of a private license of
encroachment as built subject to certain conditions.
THEREFORE, in
after contained,
follows:
consideration of the mutual agreement herein-
Aspen and Licensee covenant and agree as
1. A private revocable license is hereby granted to Licensee
to occupy, maintain and utilize the above described portion of
public right-Of-way for the sole purpose described.
2. This license is granted for a perpetual term subject to
being terminated at any time and for any reason at the sole
discretion of the city Council of the City of Aspen.
3. This license shall be subordinate to the right of Aspen
to use said area for any public purposes.
4. Licensee is responsible for the maintenance and repair of
the public right-of-way, together with improvements constructed
therein, which Aspen, in the exercise of its discretion, shall
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determine to be necessary to keep the same in a safe and clean
condition.
5. Licensee shall at all times during the term hereof, carry
public liability insurance for the benefit of the City with
limits of not less than those specified by Section 24-10-114,-
C.R.S., as may be amended from time to time, naming the City as
co-insured. Licensee shall maintain said coverage in full force
and effect during the term of this License and shall furnish the
city with a copy of such coverage or a certificate evidencing
such coverage. All insurance policies maintained pursuant to
this agreement shall contain the following endorsement:
"It is hereby understood and agreed that this insurance
policy may not be cancelled by the surety until thirty (30)
days after receipt by the city, by registered mail, of a
written notice of such intention to cancel or not to renew.'
6. Licensee shall save, defend and hold harmless against any
and all claims for damages, costs and expenses, to persons or
property that may arise out of, or be occasioned by the use,
occupancy and maintenance of said property by Licensee, or from
any act or omission of any representative, agent, customer and/or
employee of Licensee.
7. This license may be terminated by Licensee at any time
and for any reason on thirty (30) days written notice of Licen-
see's intent to cancel. This license may be terminated by Aspen
at any time and for any reason by resolution duly passed by the
City Council of the city of Aspen. Upon termination Licensee
shall, at Licensee's expense, remove any improvements or en-
croachments from said property. The property shall be restored
to a condition satisfactory to Aspen.
8. This license is subject to all state laws, the provisions
of the Charter of the City of Aspen as it now exists or may
hereafter be amended, and the ordinances of the City of Aspen now
in effect or those which may hereafter be adopted.
9. Nothing herein shall be construed so as to prevent Aspen
from granting such additional licenses or property interests in
or affecting said property as it deems necessary.
10. The conditions hereof imposed on the granted license of
encroachment shall constitute covenants running with the land,
and binding upon Licensee, their heirs, successors and assigns.
11. In any legal action to enforce the provisions of this
Agreement, the prevailing party shall be entitled to its reason-
able attorney's fees.
12. If the structure for which this license was issued is
removed for any reason, Licensee may not rebuild in the same
location without obtaining another encroachment license.
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IN WITNESS WHEREOF, the parties executed this agreement at
Aspen the day and year first written.
CITY OF ASPEN, COLORADO
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ATTEST:
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r Licensee
STATE OF COLORADO )
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County of Pitkin )
The foregoinq/~st~u~ent was aCknO~edged be~J~ ~r this
! day ofca./f!l~ ,19, by C2c ~~
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. .. t-\'~" r~1NESS MY HAND AND OFFICIAL SEAL.
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ORDINANCE NO. 76
(SERIES OF 1989)
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AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING SUBDIVISION
EXEMPTION FOR THE CONDOMINIUMIZATION OF THE ELKS BUILDING
WHEREAS, pursuant to Section 7-1007 of the Aspen Land Use
Code, a Condominiumization is a Subdivision Exemption by the
city Council; and
WHEREAS, Edwin Erwin, the Trustee Chairman of the B. P.O.
Elks No. 224, represented by John Kelly, has submitted an
application for the Condominiumization of the Elks Building
located at 210 South Galena Street; and
WHEREAS, the Engineering Department, having reviewed the
application has made referral comments; and
WHEREAS, the Planning Office,
having reviewed the
,
application pursuant to Section 7-1007,
and reviewing the
referral comments from Engineering, recommends approval with the
following conditions:
1. The applicant shall file a plat to be reviewed and
approved by the Engineering Department and the plat shall
include but not be limited to:
a) licensed encroachments (if not licensed than
licensing should occur before final approvals);
b) inside dimensions and ceiling heights and limited
or general common elements;
c) parking spaces and dumpster location;
d) required certificates;
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Prior to filing the final plat, the existing storm
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drainage system should be identified or a drywell shall be
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section 4:
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinance in effect prior to
the effective date of this ordinance, and the same shall be
continued and concluded under such prior ordinances.
section 5:
A public hearing on the Ordinance shall be held on the ~
f ~//dAh 9u .
day o~, 19~ at 5:00 P.M. in the city council Chambers,
Aspen City Hall, Aspen Colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the city of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law,
,
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by the City Council of the City of Aspen on the
)iJ.~ ,1989.
//'H.-
day of
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Kathryn
City Clerk
~ J I'INALLY 90adopted,
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passed and approved this
f'
day of
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W~ll~am L. t~rl~ng, Mayor
ATTEST:
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K3.thryn
Clerk
ll/cc.elks.ord
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CONDOMINIUM DECLARATION
KLt\t\
FOR
B.P.O.E. CONDOMINIUMS
TH" DECLARATmN is =de thlo.;2, ~ ",,"y of /11 ~ '
1990, by Aspen Lodge No. 224, The Benevolent Protective Or er of
Elks of the united states of America.
I. DEFINITIONS.
1. 1 Act.
Act, Article 33 of
amended.
"Act" means the Colorado Condominium Ownership
Title 38, 1973 Colorado Revised Statutes, as
1.2 Association. "Association" means the B.P.O.E.
Condominium Association, its successors and assigns.
1. 3 Board of Directors. "Board of Directors" means the
board of directors of B.P.O.E. Condominium Association, and is the
board referred to as "Board of Managers" in section 38-33-106 1973
Colorado Revised Statutes of the Condominium Ownership Act of
Colorado.
1. 4 Buildinqs. "Building" means the building now
constructed on the Real Property.
1.5 Common Elements. "Common Elements" means all of the
Project, except the portions thereof which constitute Units, and
also means all parts of the Building or any facilities and fixtures
which may be within a Unit which are or may be necessary or
convenient to the support, existence, use, occupancy, operation,
maintenance, repair, or safety of the Building or any part thereof
or any other Unit therein. The Common Elements shall be owned as
tenants in common by the Owners of the separate Units, each Owner
having an undivided interest in such Common Elements as hereinafter
provided.
1.6
Common Expenses.
"Common Expenses" means and
includes:
A. Expenses
management, repair,
of the Project;
of administration, operation and
or replacement of the Common Elements
B. Expenses declared Common Expenses by the
provisions of this Declaration or the Bylaws of the
Association;
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C. All sums lawfully assessed against the Common
Elements of the Project by the Board of Directors of the
Association;
D. Expenses agreed upon as Common Expenses by the
Association; and
E. Expenses as are provided in any Management
Agreement.
1.7 Condominium unit. "Condominium unit" means a unit
together with the undivided interest in the Common Elements
appurtenant to that unit. The undivided interest in Common
Elements appurtenant to each unit is described in the section of
this Declaration entitled Undivided Interests in Common Elements
(expressed as a percentage of the entire ownership interest in the
Common Elements) as set forth in Exhibit A attached hereto.
1.8 Declarant. "Declarant" means Aspen Lodge No. 224,
The Benevolent Protective Order of Elks of the United states of
America, and its successors and assigns as the terms "successors
and assigns" are herein limited. A party shall be deemed a
"successor or assign" of Aspen Lodge No. 224, The Benevolent
Protective Order of Elks of the United states of America, as
Declarant only if specifically designated in a written and duly
recorded instrument as a successor or assign of Declarant under
this Declaration and shall be deemed a successor or assign of
Declarant under this Declaration only as to the particular rignts
or interests of Declarant under this Declaration which are specif-
ically designated in the written instrument. However, a party
acquiring all or substantially all of the right, title, and
interest of Aspen Lodge No. 224, The Benevolent Protective Order of
Elks of the united states of America, in the Project by fore-
closure, judicial sale, bankruptcy proceedings, or by other similar
involuntary transfer, shall automatically be deemed a successor and
assign of Aspen Lodge No. 224, The Benevolent
Protective Order of Elks of the United states of America, as
Declarant under this Declaration.
1.9 Declaration. "Declaration" shall mean this
Condominium Declaration, together with any supplements or
amendments thereto that have been recorded in the office of the
Clerk and Recorder of pitkin County, Colorado.
1.10 General Common Elements. "General Common Elements"
means all Common Elements except Limited Common Elements.
1.11 Limited Common Elements. "Limited Common Elements"
mean those parts of the Common Elements that are either limited to
and reserved for the exclusive use of an Owner of a Condominium
unit or are limited to and reserved for the common use of more than
one, but fewer than all of the Condominium unit Owners, which
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Limited Common Elements are deemed to be an inseparable
appurtenance to such Condominium unit or Units, and shall include,
but shall not be limited to, pipes, ducts, electrical wiring,
conduits, flues, and built-in fireplaces (if any) located entirely
within a unit or adjoining units and serving only such unit or
Units, the air conditioning and heating systems serving exclusively
any Unit, such portions of the perimeter walls, floors and
ceilings, doors, windows and all associate fixtures and structures
intended to be physically located within the Unit, as may lie
outside the unit boundaries. Additionally, Limited Common Elements
shall mean and include any balcony, porch, storage room, or patio
that is accessible from, associated with, and/or which adjoins a
unit, as may be designated, located, or shown on the Condominium
Map by legend, symbol, or word, and shall, without further
reference thereto, be used in connection with such unit to the
exclusion of the use thereof by the other owners of Condominium
units except by invitation.
1.12 Map. "Map" means the Condominium Map for B.P.O.E.
Condominiums filed or to be filed in the records in the office of
the Clerk and Recorder of pitkin, County, Colorado ("Pitkin County
Records") and shall include any supplements and amendments thereto.
1.13 Mortqaqe and First Mortqaqe. A "Mortgage" shall
mean a mortgage or a deed of trust or similar security interest
encumbering a Condominium unit. A "First Mortgage" means a
Mortgage in a position of first priority on the Condominium unit it
encumbers.
1.14 Mortqaqee and First Mortqaqee. "Mortgagee" means
any person or persons or entity or entities who is a mortgagee
under a mortgage or a beneficiary under a deed of trust or similar
security instrument encumbering a Condominium unit. "First
Mortgagee" shall mean a Mortgagee whose Mortgage is in a position
of first priority on the Condominium unit it encumbers.
1.15 Owner. "Owner" means the person or persons or
entity or entities, including Declarant, who own fee simple title
to a Condominium unit. The term Owner shall not include the owner
or owners of any lesser estate or interest.
1.16 Proiect. "Project" means the Real Property, the
Building, and all other improvements on the Real Property.
1.17 Real Propertv. "Real Property" means the real
property located in the city of Aspen, Pitkin County, Colorado,
described in Exhibit B attached hereto, together with all rights
and interests appurtenant thereto.
1.18 Related Party. "Related Party" means any guest,
invitee, tenant, customer, agent, or employee of an Owner, any
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member of the family of an Owner or other person who uses the
Condominium unit of an Owner, and any person or entity, not an
Owner, who has acquired any title or interest in a Condominium unit
by, through, or under an Owner, including a lessee, licensee, or
Mortgagee and any guest, invitee, subtenant, customer, agent, or
employee of such a person or entity.
1.19 Unit. "unit" means an individual air space which
is contained within the windows, doors, and finished perimeter
walls, floors (or lowermost floors, if it is an individual air
space unit containing more than one level) and ceilings (or the
uppermost ceilings, if it is an individual air space unit
containing more than one level) of each unit as shown on the
Condominium Map to be filed for record, together with all fixtures
and improvements therein contained, but not including any of the
Common Elements, if any, located within the unit. The term
"finished perimeter walls, floors, and ceilings," as used herein,
shall not include any paint, carpeting, wallpaper, paneling, or
other wall, floor, or ceiling decorator treatment. Each
Condominium unit is designated on Exhibit A attached hereto.
1.20 Commercial units. There are four Commercial units
(Commercial units 1,2, 3, and 4 as shown on the Condominium Map).
These units are for commercial use only, as permitted by the
applicable zoning, and no residential use of the commercial units
shall be permitted unless authorized and approved under the
applicable land use regulations of the city of Aspen and state of
Colorado.
II. DECLARATION AND EFFECT THEREOF.
2.1 Declaration. Declarant for itself, its successors
and assigns, as owner of the Project, hereby declares that the
Project shall at all times be owned and held in condominium
ownership under the Condominium Ownership Act of the state of
Colorado and shall at all times be owned, held, used, and occupied
subject to the provisions of this Declaration.
2.2 Division into Condominium units. The Project is
hereby divided into Condominium units, each consisting of a
separate fee simple estate in a particular unit and an appurtenant
undivided fee simple interest in the Common Elements.
2. 3 Undivided Interests in Common Elements. The
undivided interest in Common Elements appurtenant to a particular
unit is set forth on Exhibit A attached hereto. Each Owner shall
own his appurtenant undivided interest in Common Elements as a
tenant in common with all other Owners.
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2.4 Description of a unit. Any instrument affecting a
Condominium unit may legally describe it by the identifying
Condominium unit number shown on the Map covering the Condominium
unit. This identifying number for a Condominium unit in the
Project is the number on the Map identifying the Condominium unit.
The legal description of the Condominium units in the Basic Project
may be in the following form:
commercial Condominium Unit , B.P.O.E.
Condominiums, Pitkin County, Colorado
and any conveyance or other instrument affecting title to a
Condominium unit or any part thereof describing the Condominium
unit in the Project in substantially the foregoing form or
otherwise describing the Condominium unit shall be deemed to
include and describe the entire Condominium unit including the
appurtenant undivided interest in Common Elements and all of the
rights, easements, obligations, limitations, encumbrances,
covenants, conditions, and restrictions benefiting or burdening the
Condominium unit under the terms of this Declaration.
Any reference to B.P.O.E. Condominiums in any description
shall mean B.P.O.E. Condominiums according to the Map covering the
Project and this Declaration, all as filed and recorded in the
office of the Clerk and Recorder of Pitkin County, Colorado.
2.5 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.
2.6 Inseparabilitv of Condominium unit. The interest of
an Owner in a unit and the appurtenant undivided interest in Common
Elements which constitute a Condominium unit shall be inseparable
for the period of condominium ownership hereinabove described.
2.7 Partition of Common Elements not Permitted. The
Common Elements shall be owned in common by all Owners of
Condominium Units, and no Owner may bring any action for partition
thereof. Except as set forth herein, no Owner shall partition or
subdivide any Condominium unit so as to encumber or convey an
interest in less than an entire Condominium unit without the prior
written consent of the Declarant as defined in this Declaration.
In the event the Declarant no longer has any ownership interest in
the project, the consent of 66-2/3% of the Owners and First
Mortgagees shall be required. In addition, no subdivision may take
place without full compliance with the applicable City of Aspen
Subdivision Regulations as amended from time to time. Subdivision
as used herein shall be deemed to include the division of a
Condominium unit into time share estates. This section is not
intended, however, to prohibit joint or common ownership of a
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Condominium unit by two or more persons or entities.
2.8 Riqht to Connect units. An Owner may physically
connect one unit with the adjoining unit owned by the same Owner;
provided, however, that no such right may be exercised without the
advance written consent of the Association, properly authorized
building authorities and any First Mortgagee having a Mortgage on
either or both such units. with the consent first obtained, as
provided herein, an Owner shall connect all or part of such unit.
No entity from whom approval is required shall be obligated to
grant consent. Such consent shall be at the sole discretion of the
approving entities. In the event of any such physical connection
of units, penetration of any General Common Elements wall, ceiling,
or floor between such units shall be done only at the location and
in the manner approved in advance in writing both by the Asso-
ciation and by appropriate governmental building officials. In the
event of any such physical combining of units to create a combined
unit, such combined unit shall also include the combining of the
fixtures and improvements and of the undivided interests in General
Common Elements appurtenant to the units so combined. Upon
separation of ownership of the connected Units, any General Common
Element wall, ceiling, or floor between such units shall be
immediately restored to its original state by and at the sole
expense of the Owners of the units in question, who shall cause the
restoration of the penetrated wall, ceiling, or floor to meet all
governmental requirements and inspections. Upon the failure of
such Owners promptly to attend to the foregoing, the Association
shall have the right, but not an obligation, to take all necessary
action to restore the wall separating the units in question, at the
expense of the defaulting Owners. The costs so incurred shall be
a debt of the grantors and grantees of, and a lien against both
such previously connected units in accordance with the lien pro-
visions elsewhere in this Declaration. units shall not be
disconnected into more than the original Unit designations.
An Owner who connects or disconnects any unit shall
properly cause to be filed an Amended Condominium Map in conformity
with the requirements of Colorado law and as set forth in this
Declaration and an Amendment to the Declaration setting forth the
approvals required herein, the connection or disconnection, and the
revised percentage ownership of the unit. In the event two or more
units are connected, the resulting unit shall be entitled to the
same number of votes as allocated to the affected Unit(s) prior to
modification. In the event a unit is disconnected, each resulting
unit shall be entitled to one vote; provided, however, there shall
be no more votes that are originally provided for under this
Declaration.
2.9
other charges
subdivision or
Ad valorem Taxation. All taxes, assessments, and
of the state of Colorado or of any political
of any special improvement district or of any other
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taxing or assessing authority shall be assessed against and
collected on each Condominium unit separately and not on the
Building or Project as a whole and each Condominium unit shall be
carried on the tax books as a separate and distinct parcel. For
the purpose of valuation for assessment, the valuation of the
Common Elements shall be apportioned among the units in proportion
to the fractional undivided interests in Common Elements
appurtenant to and part of the Condominium units. The Association
shall deliver to the County Assessor of Pitkin County, Colorado, a
written notice as required by the Condominium Ownership Act of
Colorado, setting forth descriptions of the Condominium 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 Condominium unit shall be confined
to that Condominium unit. No forfeiture or sale of any Condominium
unit for delinquent taxes, assessments, or other governmental
charges shall divest or in any way affect the title to any other
Condominium unit.
2.10 Mechanic's Liens. No labor performed or materials
furnished for use in connection with any Condominium 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 Condominium unit of any
other 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 Condominium unit of the Owner
for whom such labor shall have been performed and such materials
shall have been furnished. Each Owner shall indemnify and hold
harmless each of the other Owners from and against liability or
loss arising from the claim of any lien against the Condominium
Unit, or any part thereof, of any other Owner for labor performed
or for materials furnished, in work on the first Owner's
Condominium unit. At the written request of any Owner, the
Association shall enforce such indemnity by collecting from the
Owner of the Condominium 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. If not promptly paid, the Association may collect the same
in the manner provided herein for collection of assessments.
III. CONDOMINIUM MAP.
2.3 Description. The Map shall be filed for record in
the office of the County Clerk and Recorder of pitkin County,
Colorado. The Map may be filed in whole or in parts or sections
from time to time. Each section of the Map filed subsequent to the
first or initially filed Map shall be termed a supplement to such
Map and the numerical sequence of such supplement shall be shown
thereon. The Map shall be filed for record prior to the conveyance
of a Condominium unit to a purchaser. The Map shall depict and
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show at least the following: the legal description of the land and
survey thereof; the location of the building on the land, the floor
and elevation plan; the location of the units within the building,
both horizontally and vertically; the location of any structural
components or supporting elements of the building; and the unit
designations. The Map shall contain the certificate of a
registered Colorado land surveyor or licensed architect, or both,
certifying that the Map substantially depicts a location and the
horizontal and vertical measurements of the building, the Units,
the unit designations, the dimension of the Units, the elevations
of the unfinished floors and ceilings as constructed and that such
Map was prepared subsequent to substantial completion of the
improvements. Each supplemental Map and/or any amendment shall set
forth a like certificate when appropriate.
3.2 Interoretation. When interpreting the Map, the
existing physical boundaries of each separate unit as constructed
shall be conclusively presumed to be its boundaries; and therefore,
shall be the property intended to be conveyed, reserved, or
encumbered, notwithstanding any minor deviations from the location
of such unit indicated on the Map.
3.3 Amendment. Declarant reserves the right to amend
the Map, from time to time, to conform it to the actual location of
any of the constructed improvements, and to establish, vacate, and
relocate outside the building utility easements and access road
easements.
IV. VARIOUS RIGHTS AND EASEMENTS.
4.1 Owner's Riqhts in General Common Elements. Subject
to the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have a nonexclusive right to use
and enjoy the General Common Elements, provided there is no
hindrance or encroachment upon the rights of use and enjoyment of
other Owners.
4.2 Owner's Riqhts in Limited Common Elements. Subject
to the other provisions of the Declaration, each Owner, and any
Related Party of such Owner, shall have an exclusive right to use
and enjoy the Limited Common Elements appurtenant to the
Condominium unit owned by such Owner.
4.3 Owner's Riqhts in unit. Subject to the other provi-
sions of this Declaration, each Owner shall have full and complete
dominion and ownership of the unit which is part of the Condominium
unit owned by such Owner and shall have the exclusive right to use
and enjoy the same.
Each Owner shall have the right (subject, however, to the
provisions of Section 5.2), to paint, repaint, tile, wax, paper,
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and otherwise refinish and decorate the interior surfaces of the
walls, ceilings, floors, and doors which are the boundaries of his
unit and the walls, ceilings, floors, and doors within the
boundaries of his unit.
4.4 Association Riqhts. The Association shall have a
non-exclusive right and easement to make such use of General Common
Elements, Limited 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
damage to the unit entered as possible. Any damage caused to a
unit shall be repaired by, and at the expense of, the Association.
4.5 Owners' Easements for Access. Support. and utili-
ties. Each Owner shall have a non-exclusive easement for access
between the unit which is part of the Condominium unit of such
Owner and public roads and streets, the entrances, exits, halls,
stairs, landings, fire escapes, land, walks, and exterior access
and other easements which may be part of the General Common
Elements. Each Owner shall have a non-exclusive easement in and
over Common Elements, including Common Elements within the unit of
another Owner, for horizontal and lateral support of his unit which
is part of his Condominium unit and for utility service to that
Unit, including water, sewer, gas, electricity, telephone, and
television service (if desired).
4.6 Easements for Encroachments. If any part of the
Common Elements encroaches or shall hereafter encroach upon a Unit,
an easement for such encroachment and for the maintenance of the
same shall and does exist. If any part of a unit encroaches or
shall hereafter encroach upon the Common Elements, or upon another
Unit, the Owner of that unit shall and does have an easement for
such encroachment and for the maintenance of the same. 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 Buildings, 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.
4.7 Easements in unit for Repair. Maintenance. and
Emerqencies. Some of the Common Elements are or may be located
within a unit or may be conveniently accessible only through a
unit. Each Owner shall have an easement, which may be exercised by
the Association as his 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 unit or the Common
Elements located therein or accessible therefrom.
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4.8 Easements Deemed ADDurtenant. The easements and
rights herein created for an Owner shall be appurtenant to the
Condominium unit of that Owner and all conveyances of and other
instruments affecting title to a condominium 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.
V. CERTAIN RIGHTS AND OBLIGATIONS OF THE ASSOCIATION.
5.1 Association as Attornev-in-fact For Owners. The
Association is hereby irrevocably appointed by Declarant as
attorney-in-fact for Declarant and for all successors and assigns
of Declarant as Owners of Condominium units and as attorney-in-fact
for each of them to manage, control, and deal with the interest of
such Owner 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 as hereinafter provided. The
acceptance by any person or entity of any interest in any
Condominium unit shall constitute an appointment by that person or
entity of the Association as attorney-in-fact as above provided.
5.2 Units. Common Elements. and Utilities. The
Association shall be obligated to and shall provide for the care,
operation, management, maintenance, improvement, repair, and
replacement of the Units, the Limited Common Elements, and the
General Common Elements and for utility service to the Common
Elements and to units. without limiting the generality of the
foregoing, such obligations shall include keeping the units, the
Limited Common Elements, and the General Common Elements in good,
clean, attractive, and sanitary condition, order, and repair;
removing snow and any other materials from the General Common
Elements to permit access to the Project and the unit and Limited
Common Elements of any Condominium unit; keeping the Project safe,
attractive (additions, betterments, or improvements to or on the
Units, the Limited Common Elements, and the General Common
Elements); and paying utility charges except any separately metered
utilities which shall be paid by the Owner or user of the space
served thereby. No prior approval of Owners shall be required for
such work but prior approval of the Association, acting through its
officers or Board of Directors, shall be required for all such
work.
5.3 Other Association Functions. The Association may
undertake any activity, function, or service for the benefit or to
further the interests of all, some, or any Owners of Condominium
units on a self-supporting, special assessment, or common
assessment basis. Such activities, functions, or services may
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include, but are not limited to, the providing of police or similar
security services, the providing of garbage and trash collection
services and the providing of firewood.
5.4 Accountino and Leoal Services. The Association or
an independent contractor retained by the Association shall
maintain such records, keep such accounts, and do such billing and
collecting as is needed in connection with the Association I s
activities under this Declaration. The Association, from time to
time, shall contract for the services of lawyers and certified
public accountants as the needs of the Association shall demand.
The Association shall obtain an annual, independent audit of the
accounting books and records pertaining to the Association and
shall furnish copies thereof to the Owners. At any time, any Owner
may, at his own expense, cause an audit or inspection to be made of
the books and records of the Association.
5.5 Labor and Services. The Association may obtain and
pay for the services of any person or entity 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 or entity 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 within the Project.
5.6 Real and Personal Property of Association. The
Association may acquire and hold interests in real property and in
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 Owner and Related Parties of an 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 Owners
as tenants in common in the same proportion as their respective
interests in the Common Elements.
5.7 Association Rioht to Lease and License Common
Elements. The Association shall have the right to lease or
license, or permit the use of any portion of the General Common
Elements or any Condominium Unit owned by the Association, on
either a short or long term basis and with any charge by the
Association to be applied to reduce amounts to be raised by regular
assessments.
5.8 Rules and Reoulations. The Association may make and
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enforce reasonable and uniformly applied rules and regulations
governing the use of units and of Common Elements. Such rules and
regulations may, without limitation: (a) regulate use of Common
Elements, including, but not limited to, any parking areas upon the
Real Property, to assure equitable use and enjoyment by all persons
entitled thereto; (b) require that draperies, shades, or other
window coverings shall present a uniform and attractive appearance
from the exterior of the Buildings; (c) assign particular portions
of storage areas within the General Common Elements for exclusive
use by occupants of particular Condominium Units, and (d) restrict
or limit rights of Owners and Related Parties to use portions of
the General Common Elements which may be licensed or leased by the
Association for a particular use, purpose, or event. The Associ-
ation shall make reasonable efforts to furnish each Owner with a
written copy of each rule or regulation adopted pursuant to this
section. The Association may suspend any Owner's voting rights in
the Association or the right of such Owner and Related Parties of
such Owner to use any part of the General Common Elements during
any period or periods during which such Owner or a Related Party of
such Owner fails to comply with such rules and regulations or with
any other obligations of such Owner or Related Party under this
Declaration. The Association may also take jUdicial action against
any Owner or Related Party to enforce compliance with such rules,
regulations, or other obligations or to obtain damages for non-
compliance.
5.9 Imolied Riahts. 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.
VI. THE ASSOCIATION.
6.1 General Purooses and Powers. The business and
affairs of the Project shall be governed and managed by the
B.P.O.E. Condominium Association through its Board of Directors.
The Association shall perform functions and hold and manage
property as provided in this Declaration and to further the
interests of Owners of Condominium Units in the Project. It shall
have all powers necessary or desirable to effectuate these
purposes.
6.2
proj ect shall
Incorporation,
ciation.
Governina Documents. The administration of the
be governed by this Declaration, the Articles of
and the ByLaws of the B.P.O.E. Condominium Asso-
6.3 Reaular Membershio. There shall be one Regular
Membership in the Association for each Condominium Unit, which
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Regular Membership shall be appurtenant to the fee simple title to
such Condominium unit. The Owner of each Condominium unit shall
automatically be the Owner of the Regular Membership appurtenant to
that Condominium unit and title to and ownership of the Regular
Membership for the Condominium unit shall automatically pass with
fee simple title to the Condominium unit. Each Owner of a
Condominium Unit shall automatically be entitled to the benefits
and subject to the burdens relating to the Regular Membership for
his condominium unit. If fee simple title to a Condominium Unit is
held by more than one person or entity, the Regular Membership
appurtenant to that condominium unit shall be shared by all such
persons or entities in the same proportionate interest and by the
same type of ownership as fee simple title to the condominium unit
is held. Regular Memberships in the Association shall be limited
to Owners of Condominium units in the Project.
6.4 Board of Directors. The affairs of the Association
shall be managed by a Board of Directors which may, however, by
resolution, delegate any portion of its authority to a committee
appointed by the Board of Directors. Members of the Board of
Directors shall be elected annually by Owners (subject to the right
of Declarant to elect all of the members of the Board of Directors
for the Period of Declarant's Special Membership as hereinabove
provided). The number and qualifications of Directors shall be as
provided in the Articles of Incorporation or ByLaws of the
Association. A Director must be an Owner of a Condominium unit as
required by the Condominium Ownership Act of Colorado.
6.5 Professional Manaqement. The Association may obtain
and pay for services of a professional managing agent to manage its
affairs, whether such services are in lieu of or supplemental to
the service to be provided by the Association.
6.6 votinq of Owners. The voting rights of all Owners
shall be based upon the ownership interest of each Condominium Unit
in the Common Elements. Unless otherwise provided in the Articles
of Incorporation or ByLaws of the Association, voting by proxy
shall be permitted and cumulative voting shall be permitted.
6.7 Notices. Each Owner shall be entitled to notice of
any meeting at which such 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. Such notice 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 received such
notice, information, or material. Any notice, information, or
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material shall be deemed properly addressed to an 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 Owner, or, if a name and address is not so furnished, if it is
addressed "To the Owner" at the address of the Condominium unit of
such Owner.
6.8 Record Date. The Board of Directors 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, or in order to make a
determination of Owners for any purpose. The Owners existing on
any such record date shall be deemed the 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 fifty (50)
days prior to the date on which the particular action requiring
determination of Owners is proposed or expected to be taken or to
occur. If no record date is established for a meeting, the date on
which notice of such meeting is first given to any Owner shall be
deemed the record date for the meeting.
6.9 Ouorums. One-third (1/3) of the votes entitled to
vote on any matter present, in person, or by proxy, at a meeting to
consider a matter, or actually voting on the matter shall
constitute a quorum for consideration of that matter. If a quorum
is established for consideration of a matter, except as a greater
percentage of votes is required under a specific provision of this
Declaration, a majority of the votes cast on the matter or, in the
case of elections in which there are more than two candidates, a
plurality of votes cast, shall decide the matter.
6.10 Articles of IncorDoration and BvLaws. The purposes
and powers of the Association and the rights and obligations with
respect to Owners or Membership set forth in this Declaration may
and shall be amplified by provisions of the Articles of
Incorporation and ByLaws of the Association, including any
reasonable provisions with respect to corporate matters, but no
such provisions may be, at any time, inconsistent with any
provision of this Declaration.
VII. ASSESSMENTS.
7.1 Assessments-Generallv. Each Owner shall be
obligated to pay and shall pay to the Association the estimated
assessments imposed by the Association to meet the Common Expenses
of maintenance, operation, and management of the Project, which
amounts are herein called Assessments.
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Subject to the provisions hereof, the Board of Directors
of the Association 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 shall be
paid to the Association, and each Owner shall be required to comply
with any such determinations.
7.2 Determination of Amount of Reaular Assessments. The
total amount to be raised by regular assessments shall be
determined for each fiscal period of the Association by the Board
of Directors of the Association. The amount to be raised by
regular 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. services provided by the Association which are
paid out of the regular assessments are listed in Article IV of
this Declaration. The amount to be raised by regular assessments
shall include amounts necessary to cover obligations made in
connection with, or contemplated under, any previous budget. There
shall be no division of assessment charges between General and
Limited Common Elements.
To determine the total amount required to be raised by
regular assessments, the Board of Directors shall cause to be
prepared a budget for the fiscal period showing, in reasonable
detail, the estimated costs and expenses which will be payable in
that fiscal period and for a reasonable carry-over reserve and the
estimated income and other funds which will be available in that
fiscal period. The method to be used by the Board of Directors in
estimating the amount of the budget shall be to review historical
costs, to assess inflation and other external factors, to establish
the repairs and maintenance desirable during the budget period, and
to consider such other facts as the Board of Directors shall deem
relevant. The Board of Directors shall furnish a copy of the
budget to any Owner upon request. The budget shall not, however,
require the approval of Owners and the Board of Directors need not
submit the budget for the approval of Owners.
Regular assessments shall be collected by the Association
initially on a calendar quarter basis, but may be collected on a
different timetable in the discretion of the Board of Directors.
Except as emergencies may require, the Association shall make no
commitment or expenditures in excess of the funds reasonably
expected to be available to the Association.
7.3 Capital Assessments. In addition to regular
assessments, the Association may levy capital assessments, payable
over such 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
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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.
7.4 Supplementary Assessments. In the event the amount
received by the Association on account of regular or capital
assessments is less than the amount required by the Association,
whether as a result of defaults by some Owners in making payments
or as a result of mistaken estimates in budgeting or otherwise, the
Board of Directors may, at any time, levy supplementary assessments
to cover the deficiency.
7.5 Commencement of Assessments. An Owner's obligations
to pay Assessments shall commence on the first day of the month
after the recording of this Declaration by Declarant in the Pitkin
County Records. The first quarterly payment for regular
assessments for each Condominium Unit may include, an additional
assessment in order to establish an initial working capital fund
for the Association (the "working Capital contribution"). The
Working capital contribution shall be retained by the Association
and shall not be refundable to an Owner, whether upon the sale of
such Owner's Condominium Unit or otherwise.
7.6 Apportionment of Assessments. Assessments shall be
apportioned among the Owners according to each Owner's
proportionate share of Common Elements appurtenant to such Owner's
Condominium Unit as set forth on Exhibit A attached hereto.
7.7 Time for Pavments. The amount of any Assessment,
charge, fine, penalty, or other amount payable with respect to any
Owner, Related Party of an Owner or Condominium, unit shall become
due and payable as specified by the Board of Directors of the
Association 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
Owner, and any such amount shall bear interest at a rate as the
Board of Directors may, from time to time, by resolution fix, from
the date due and payable until paid.
7.8 Lien for Assessments and Other Amounts. The
Association shall have a lien against each Condominium Unit to
secure payment of any Assessment, charge, fine, penalty, or other
amount due and owing to the Association with respect to the
Condominium Unit by the Owner of that Condominium Unit or a Related
Party of such Owner plus interest from the date due and payable,
plus all costs and expenses of collecting the unpaid amount,
including reasonable attorneys' fees. The lien may be foreclosed
in the manner for foreclosure of mortgages in the state of
Colorado.
7.9 Liabilitv of Owners. Purchasers. and Encumbrances.
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The amount of any Assessment, charge, fine, or penalty payable with
respect to any Condominium unit by the owner, or a Related party of
such owner, shall be a joint and several obligation to the
Association of such Owner and such Owner's heirs, personal
representatives, successors, and assigns. A party acquiring fee
simple title to a Condominium unit shall be jointly and severally
liable with the former Owner for all such amounts which had accrued
and were payable at the time of the acquisition of fee simple title
to the Condominium Unit by such party without prejudice to such
party's right to recover any of such amounts paid from the former
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, a first Mortgagee of a Condominium Unit shall not be
liable for any such Assessment, charge, fine, or penalty. In
addition, the lien for any such Assessments, charges, fines, or
penalties shall be junior to the lien of a First Mortgage on a
Condominium Unit taken in good faith for value if such First
Mortgage is perfected by recording in the office of the County
Clerk and Recorder of Pitkin County, Colorado, prior to the time a
notice of lien for failure to pay any such amount is recorded in
such office by the Association.
7.10 Estoppel certificate. Upon payment of a reasonable
fee as determined from time to time by the Association and upon
written request of any Owner or any person with any right, title,
or interest in a Condominium Unit or intending to acquire any
right, title, or interest in a Condominium 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 Condominium Unit,
the Owner of the Condominium Unit and a Related Party of such
Owner. Such statement shall also set forth the amount of the
Assessments for the current fiscal period of the Association
payable with respect to the Condominium Unit. Such 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.
VIII. USE AND OTHER RESTRICTIONS.
8.1 Common Elements Use - Conversion of Limited Common
Elements. Except as specifically provided otherwise herein, the
Association may permit or authorize use of any of the General
Common Elements in the Project as the Association deems best and
may, at the request of the Owner of a Condominium Unit, convert any
Limited Common Element appurtenant to that Condominium Unit to a
General Common Element or authorize other use of such Limited
Common Element by the Owner of the Condominium Unit to which it is
appurtenant.
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8.2 Common Elements Restrictions. All use and occupancy
of Common Elements shall be subject to and governed by rules and
regulations of the Association. No Owner, no Related Party of an
Owner, and no tenant of the Association or other occupant of Common
Elements shall obstruct, damage, or commit waste to any of the
Common Elements. No Owner and no Related Party of an Owner, shall
change, alter or repair, or store anything in or on any of the
Common Elements without the prior written consent of the
Association.
8.3 No Imoerilinq of Insurance. No Owner, no Related
Party of an Owner, and no occupant of Common Elements 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.
8.4 No violation of Law. No Owner, no Related Party of
an Owner, and no occupant of Common Elements 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.
8.5 Maintenance of units and Limited Common Elements.
Each unit and all other improvements, fixtures and furniture and
equipment therein and any Limited Common Elements appurtenant to a
Condominium unit shall be kept and maintained by the owner, in a
clean, safe, attractive, and sightly condition and in good repair.
No structural alterations within any Unit or with respect to any
Limited Common Elements shall be made and no electrical, plumbing,
or similar work within any unit shall be done without the prior
written consent of the Association.
8.6 No Violation of Rules. No Owner, no Related Party
of an Owner, and no occupant of Common Elements shall violate the
rules and regulations adopted from time to time by the Board of
Directors whether relating to the use of Condominium units, the use
of Common Elements, or otherwise.
8.7 Owner Caused Damaqe. If, due to the act or neglect
of an Owner or a Related Party of an Owner, loss or damage shall be
caused to any person or property, including the Project or any unit
therein, such 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 Owner.
The amount of such loss or damage may be collected by the
Association from such Owner as a special assessment against such
Owner, by legal proceedings or otherwise, and such amount shall be
secured by a lien on the Condominium unit of such Owner as provided
elsewhere in this Declaration for assessments or other charges.
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8.8 No Impairment of structural Inteqritv. 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.
8.9 Animal Restrictions. Pets shall not be permitted on
the premises. The Board shall have the right to issue any rules it
deems appropriate concerning the keeping of animals off of the
Property and the obligations of Owners and guests in connection
therewith. An Owner shall be absolutely liable to the Association
and to all other Owners and their families and guests for any noise
or damage to any person or property caused by any animal brought or
kept on the Property by such Owner his guests.
8.10 Mortqaqinq a Condominium unit--Prioritv. Any Owner
shall have the right from time to time to mortgage or encumber his
Condominium unit by deed of trust, mortgage, or other security
instrument. The Owner of a Condominium unit may create junior
mortgages (junior to the lien, deed of trust, or other encumbrance
of the first mortgagee) on his Condominium unit on the following
conditions: (1) that any such junior mortgages shall always be
subordinate to all of the terms, conditions, covenants,
restrictions, uses, limitations, obligations, liens for common
expenses, and other obligations created by this Declaration, the
Articles, the Bylaws, and rules and regulations promulgated
thereunder, and (2) that the mortgagee under any junior mortgage
shall release for the purpose of restoration of any improvements on
the mortgaged premises all of his right, title, and interest in and
to the proceeds under all insurance policies effected and placed on
the project by the Association. Such release shall be furnished
forthwith by a junior mortgagee on written request of anyone or
more of the board of directors of the Association, and if not
furnished, may be executed by the Association as attorney-in-fact
for such junior mortgagee.
IX. INSURANCE.
9.1 Insurance Reauirements Generallv. 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 from responsible
companies duly authorized and licensed to carryon the 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 Owners. To the extent reasonably possible without
unreasonable cost, insurance: (a) shall provide for a waiver of
subrogation by the insurer as to claims against the Association,
its directors, officers, employees, and agents and against each
Owner and each Owner's employees, agents, and Related Parties; (b)
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shall provide that the insurance cannot be cancelled, invalidated,
or suspended on account of the conduct of the Association, its
officers, directors, employees, and agents or of any Owner of such
Owner's Related Parties; (c) shall provide that any "no other
insurance" clause in the insurance policy shall exclude any
policies of insurance maintained by any Owner or Mortgagee and that
the insurance policy shall not be brought into contribution with
insurance maintained by any Owner or Mortgagee; (d) shall contain
a standard mortgage clause endorsement in favor of the Mortgagee of
any Condominium unit except a Mortgagee of a Condominium unit who
is covered by other similar insurance; (e) shall provide that the
policy of insurance shall not be terminated, cancelled, or
substantially modified without at least ten (10) days' prior
written notice to the Association and to each Owner and to each
Mortgagee covered by any standard mortgage clause endorsement; and
(f) shall provide that the insurer shall not have the option to
restore the premises if condominium ownership of the Project is to
be terminated or the Project is to be sold in its entirety in
accordance with the destruction, condemnation, and obsolescence
provisions of this Declaration. To the extent possible, public
liability and property damage insurance shall provide for coverage
of any cross liability claims of Owners against the Association or
other Owners and of the Association against Owners without right of
subrogation. Any insurance policy may contain such deductible
provisions as the Association deems consistent with good business
practices.
All policies shall be written by a company, or companies
falling into a financial category, as designated in Best's Key
Rating Guide, of Class A or better.
certificates of insurance coverage or copies of insurance
policies shall be issued to each Owner and each Mortgagee who makes
written request to the Association for any such certificate or copy
of an insurance policy.
The cost and expense of all insurance obtained by the
Association, except insurance covering additions, alterations, or
improvements made to a Condominium unit by an Owner or other
insurance obtained at the request of and specifically benefitting
any particular Owner, shall be a common expense to be covered by
assessments as elsewhere provided in this Declaration.
9.2 Propertv Insurance. The Association shall obtain
and maintain property insurance insuring the Project, and each
Condominium unit, and may, but shall not be required, to obtain and
maintain property insurance insuring the furnishings and personal
property belonging to Owners, against loss or damage by fires 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
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~;~32:9 06/~:.o 15: 47 Rec $150,00 Bf< 1"'",,\ PG 956
w."~ld Dav~ . F.tk.n Cnty Clerk, Doc $_~
replacement cost of the Project, including each Condominium unit,
or such furnishings and personal property, as the case may be. At
the option of the Association such insurance may also cover
additions, alterations, or improvements to a Condominium unit made
by an Owner if the Owner reimburses the Association for any
additional premiums attributable to such coverage. The Board of
Directors shall from time to time be required to redetermine the
full replacement cost of the Project, each Condominium Unit, and
such furnishings and personal property in accordance with the
requirements of the insurance company providing such property
insurance. The Association shall not be obligated to apply
insurance proceeds to restore a Condominium unit to a condition
better than the condition existing prior to the making of
additions, alterations, or improvements by an Owner in the absence
of insurance covering such additions, alterations, or improvements
as aforesaid.
9.3 Public Liabilitv and Property Damaqe Insurance. The
Association shall obtain and maintain comprehe~sive public
liability and property damage insurance cover1ng personal
liability, property damage liability, and automobile personal and
property damage liability of the Association, its officers,
directors, employees, and agents and of each Owner and each Owner's
Related Parties, arising in connection with ownership, operation,
maintenance, occupancy or use of the Project or of any Condominium
unit in the Project with single limit of not less than $1,000,000
for each occurrence involving bodily injury liability and/or
property damage liability together with an umbrella policy in the
amount of $1,000,000.00.
9.4 Workmen's Compensation and Emplovers Liabilitv
Insurance. The Association shall obtain and maintain workmen's
compensation and employers liability insurance as may be necessary
to comply with applicable laws.
9.5 Insurance bv Owners. Except to the extent coverage
therefor may be obtained by the Association and be satisfactory to
an Owner, each Owner shall be responsible for Obtaining insurance
he deems desirable, including insurance covering furnishings and
personal property belonging to that Owner and covering personal
liability of that Owner and that Owner's Related Parties. Any
insurance policy obtained by an Owner shall be such that it will
not diminish or adversely affect or invalidate any insurance or
insurance recovery under policies carried by the Association and
shall, to the extent possible, contain a waiver of the right of
subrogation by the insurer as to any claim against the Association,
its officers, directors, agents, and employees and against other
Owners and their Related Parties. A copy of any insurance policy
obtained by any Owner shall be furnished to the Association upon
request of the Association.
9.6 Receipt and Application of Insurance Proceeds.
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Silvia Davis, Pitkin Cnty Clerk, Doc $.00
Except as some particular person has a legal right to receive
insurance proceeds directly, all insurance proceeds and recoveries
shall be paid to and received by the Association. All insurance
proceeds or recoveries received by the Association shall be applied
by the Association: First, as expressly provided elsewhere in this
Declaration; second, to the Owners or persons who the Association
may determine are legally or equitably entitled thereto; and third,
the balance, if any, to Owners in proportion to their respective
interests in Common Elements.
9.7 Other Insurance bv 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.
X. DESTRUCTION, CONDEMNATION, OBSOLESCENCE, AND
RESTORATION OR SALE OF PROJECT.
10.1 certain Definitions.
have the following definitions:
The following terms shall
"Substantial Destruction" shall mean any casualty,
damage, or destruction to the Project or any part thereof if the
Estimated 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.
"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.
"Substantial Obsolescence" shall exist whenever sixty-six
and two-thirds percent (66-2/3%) in interest of the 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.
"Restoration," in the case of any casualty, damage, or
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Silvi~ .lavis, Pitkin Cnty Cler-'k,,,c, $"00
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.
"Restored Value" shall mean the value of the Project
after Restoration as estimated by the Association.
"Estimated Costs of Restoration" shall mean the costs of
restoration as estimated by the Association.
"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 capital assessments.
Available Funds shall not include that portion of insur-
ance 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 the Owner of a
Condominium unit for the condemnation or taking of that Owner's
Condominium unit.
10.2 Restoration of the Proiect. Restoration of the
Project shall be undertaken by the Association without a vote of
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 sixty-six and two-thirds
percent (66-2/3%) in interest of all Owners and sixty-six and two-
thirds percent (66-2/3%) 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 Owner, or
Mortgagee of any Owner, in proportion of such Owner's undivided
interest in the Common Elements.
10.3 Sale of the Proiect. The Project shall be sold in
the event of Substantial Destruction, Substantial Condemnation, or
Substantial Obsolescence unless consent to Restoration has been
obtained from sixty-six and two-thirds percent (66-2/3%) in
interest of all Owners and consent to Restoration of sixty-six and
two-thirds percent (66-2/3%) 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 Owner,
or the Mortgagee of an Owner, in proportion to such Owner I s
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Silvia Q "s-~ F';t ,~'47 Rec $150.00 E '
.., ,[ kIn Cnty CleF'k ,)621 F'G 959
., Doc $. 00
undivided interest in Common Elements.
10.4 Authoritv of Association to Restore or Sell. The
Association, as attorney-in-fact for each Owner, shall have full
power and authority to restore or to sell, as the case may be, the
Project and each Condominium unit in the Project whenever Restora-
tion or Sale, as the case may be, is to be undertaken as
hereinabove 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.
10.5 pavment of Proceeds. In the event of Substantial
Destruction, Condemnation, or 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 Owners and any Mortgagee, as the interest of such Owners and
any such Mortgagee may appear.
10.6 Special Assessments for Restoration. When
Restoration is to be undertaken, the Association may levy and
collect assessments from each Owner in proportion to each 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 Condominium
Unit of each Owner as in the case of regular assessments.
Notwithstanding any other provision in this Declaration, in the
case of Substantial Destruction, Substantial Condemnation, or
Substantial Obsolescence, any such special assessment shall not be
a personal obligation of any Owner who did not consent to
Restoration but, if not paid, may be recovered only by foreclosure
of the lien against the Condominium Unit of such Owner.
10.7 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
the Unit within a Condominium Unit or to improvements of an Owner
therein shall be apportioned to the Owner of that Condominium Unit
except to the extent used for Restoration of that Condominium 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 among all Owners in proportion to their respective
undivided interests in the Common Elements; second, the amounts
allocable to severance damages shall be apportioned to Owners of
condominium Units with a Unit which was not taken or condemned in
proportion to their respective undivided interests in the Common
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#32321)Oloo.06/05/90 15: 47 Rec $150.0<)...,Bf< 621 F'G 960
Silvil )avis, Pitkin Cnty Clerk, = $.00
Elements; and third, the amounts allocated to consequential damages
or for other purposes shall be apportioned as the Association
determines to be equitable under the circumstances.
10.8 Reoroanization in the Event of Condemnation. In
the event all of the unit of a Condominium unit is taken in
condemnation, the Condominium unit containing that unit shall cease
to be part of the Project, the Owner thereof shall cease to be a
member of the Association, and the undivided interest in Common
Elements appurtenant to that unit shall automatically become vested
in the Owners of the remaining units in proportion to their
respective undivided interests in the Common Elements. In the
event part of the unit of a Condominium unit is taken in
condemnation, the Common Element allocation attributable to that
Condominium unit shall be reduced in direct proportion to the
reduction in square footage of the Unit, and the undivided interest
of Owners in Common Elements and the voting rights and assessment
obligation of all Owners shall automatically be adjusted
accordingly.
XI. MISCELLANEOUS.
11.1 Duration of Declaration. Each provision contained
in this Declaration which is subject to the laws or rules sometimes
referred to as the rule against perpetuities or the rule
prohibiting unreasonable restraints on alienation shall continue
and remain in full force and effect for the period of twenty-one
(21) years following the death of the last survivor of Ed Irwin,
Robert F. George, Tom Moore, Terry L. Swanton and Dan McKenzie, all
of Aspen, Colorado, and the now living children of such persons or
until the Declaration is terminated as hereinafter provided, which-
ever first occurs. All other provisions contained in this Declara-
tion shall continue and remain in full force and effect until
condominium ownership of the Project and this Declaration is
terminated or revoked as hereinafter provided.
11.2 Amendment and Termination. At any time until the
first Condominium unit is conveyed by Declarant as reflected by a
deed recorded in the office of the County 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.
Any provision contained in this Declaration may be
amended, or additional provisions may be added to this Declaration,
or this Declaration and condominium ownership of the Project may be
terminated or revoked, by the recording of a written instrument or
instruments specifying the amendment or addition or the fact of
termination and revocation, executed by sixty-six and two-thirds
percent (66-2/3%) in interest, based on undivided interests in
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#32321 ~6/05/90 15: 47 Rec $150.00'"",f< 621
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
F'G 961.
Common Elements, of all Owners and sixty-six and two-thirds percent
66-2/3%) in number of all First Mortgagees, as shown by the records
in the office of the County Clerk and Recorder of Pitkin County,
Colorado, and for the Period of Declarant's Special Membership, or
at any time during the Period of Declarant's Special Membership or
thereafter with regard to Section 8.1 hereof, with the approval of
Declarant. Notwithstanding the above and subject to the provisions
contained in this Declaration, without the unanimous prior written
approval of the First Mortgagees of Condominium units (based on one
vote for each first mortgage owned) and the unanimous prior written
approval of the Owners, the Declaration shall not be amended to
change the pro rata interest or obligations of any individual
Condominium unit for the purpose of levying assessments or charges
or allocating distributions of hazard insurance proceeds or
condemnation awards.
11.3 Effect of provisions of Declaration. Each
provision of this Declaration, and an agreement, promise, covenant,
and undertaking to comply with each provision of this Declaration,
and any necessary exception or reservation or grant of title,
estate, right, or interest to effectuate any 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 Condominium 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 Condominium Unit by an Owner, be deemed
accepted, ratified, adopted, and declared as a personal covenant of
such Owner, and as a personal covenant, shall be binding on such
Owner and such Owner's heirs, personal representatives, successors,
and assigns, and as a personal covenant of an Owner, shall be
deemed a personal covenant to, with, and for the benefit of the
Association but not to, with, or for the benefit of any other
Owner; (c) shall be deemed a 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 Condominium 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 Condominium 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 Condominium Unit in favor of the Association.
11.4 Enforcement and Remedies. Each provision of this
Declaration with respect to an Owner or the Condominium Unit of an
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 Owner fails to comply with any such provisions, by
denial of all voting rights of such Owner and exclusion of such
Owner and Related Parties of such Owner from use of any Common
Elements. If court proceedings are instituted in connection with
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co' 1 T -'. . - - J' 1 PG 962
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the rights of enforcement and remedies provided in this
Declaration, the prevailing party shall be entitled to recover its
costs and expenses in connection therewith, including reasonable
attorneys' fees.
11.5 Protection of First Mortqaqee. 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 First
Mortgage on any Condominium unit taken in good faith and for value
and perfected by recording in the office of the County Clerk and
Recorder of Pitkin County, Colorado, prior to the time of recording
in such office of an instrument describing the Condominium unit and
listing the name or names of the owner or owners of fee simple
title to the Condominium unit and giving notice of such violation,
breach, or failure to comply. In addition, no such violation,
breach, or failure to comply and no action to enforce any provision
shall affect, defeat, render invalid, or impair the title or
interest of the First Mortgagee or the title or interest acquired
by any purchaser upon foreclosure of any such First Mortgage, or
result in any liability, personal or otherwise, of any such First
Mortgagee 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.
11.6 Limited Liabilitv. Neither Declarant, the
Association, the Board of Directors, or Officers of the Associa-
tion, the Manager, nor any member, agent, or employee of any of the
same shall be liable to any party for any action or for any failure
to act with respect to any matter if the action taken or failure to
act was in good faith and without malice. Without limiting the
generality of the foregoing, the Board of Directors, Officers of
the Association, and the Manager, and each of them, shall not be
liable for any failure of any services to be obtained and paid for
by the Association hereunder, or for any injury or damage to person
or property caused by the elements or by another Owner or person in
the Project, or damage from electricity, water, rain, snow, or ice
which may leak or flow from outside or from any part of the
Building, or from any of its pipes, drains, conduits, appliances,
or equipment or from any other place, unless caused by gross
negligence of the Board of Directors, Officers of the Association,
or the Manager, as the case may be. No diminution or abatement of
regular assessments shall be claimed or allowed for inconvenience
or discomfort arising from the making of repairs or improvements to
the common elements or from any action taken to comply with any
law, ordinance, or order of a governmental authority.
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Silvia Davis, Pitkin Cnty Clerk, Doc $.00
11.7 Failure of Board of Directors to Insist on strict
Performance. The failure of the Board of Directors or Manager to
insist, in anyone or more instances, upon strict performance of
any of the terms, covenants, conditions, or restrictions of this
Declaration, or to exercise any right or option herein contained,
or to serve any notice or to institute any action, shall not be
construed as a waiver or a relinquishment with respect to the
future enforcement of such term, covenant, condition, or
restriction, but such term, covenant, condition, or restriction
shall remain in full force and effect. The inactivity of the Board
of Directors of Manager after receipt by anyone of them of any
charge from any Owner with knowledge of the breach of any covenant,
term, condition, or restriction hereof shall not be deemed a waiver
of such breach, and no waiver by the Board of Directors or Manager
of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by the Board of Directors or
Manager.
11. 8 Name. The name of the condominium created hereby is
"B.P.O.E. Condominiums."
11.9 Successors and Assiqns. This Declaration shall be
binding upon and shall inure to the benefit of the Association, and
each Owner and the heirs, personal representatives, successors, and
assigns of each.
11.10 Severabilitv. Invalidity or unenforceability of
any provision 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.
11.11 caotions. The captions and headings in this
instrument are for convenience only and shall not be considered in
construing any provisions of this Declaration.
IN WITNESS WHEREOF Declarant has executed this Declara-
tion the day and year first above written.
ASPEN LODGE NO. 224, THE
BENEVOLENT PROTECTIVE ORDER OF
ELKS OF THE UNITED STATES OF
;:~~COl~-P'Ofit
Trus ee and Secretary-Treasurer
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#323219 06/05C' 15:47 Rec $150.00 Bf< 6~j""""G 964
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The foregoing instrument was acknowledged before me this
23rd day of May , 1990, by Ed Irwin, Secretary-Treasurer,
Daniel McKenzie, President, Thomas A. Moore, Thomas D. Heinz DVM,
Vice President, and Robert A. Georqe,
as Trustees of Aspen Lodge No. 224, The Benevolent Protective Order
of Elks of the united states of America. a Colorado non-profit
/~~;nhand and official seal.
i /"~~~~y"~J:ssion expires: 3/6/9l
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STATE OF COLORADO
ss.
COUNTY OF PITKIN
By ~~'"
Trustee and Pr sident
-
By.
..
!
Hopkins
CO 81611
-29-
unit
#:.\.....,219 06/05/90 15: 47 Rec $1~,.... 00 BK 621 F'G 965
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EXHIBIT "A"
TO B.P.O.E.
Condominium Declaration
~ercentaqe of ownership
ln Common Elements
commerical unit
1
: ;:
'25%'
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,
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- '~," :lS% ~ ~ J
2
3
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... '.~
,y .~~. ,,-' I'
: '? '"'1. ,~ .,#j'4
t2>> ~C,d' t
4
25%
j~ I be. 1<' 0 L{ _
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#323221 06/05/90 15:52 Rec $110.00 BK 621 PG 969
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BYLAWS
LD/~ r- L 11
\) )/'-1
OF
B.P.O.E. CONDOMINIUM ASSOCIATION
ARTICLE I
OBJECT AND DEFINITIONS
1.l Purpose. The purpose for which this Association
is formed is to govern the condominium property situate in the
County of Pitkin, State of Colorado, which property is described
more fully on the attached Exhibit A, which by this reference is
made a part hereof, and which property has been submitted to the
provisions of the Condominium Ownership Act of the State of
Colorado by a "Condominium Declaration" (the Declaration)
recorded in the real property records of pitkin County,
Colorado.
1.2 Assent. All present or future owners, tenants,
future tenants, or any other person occupying, using or entering
on the facilities of the Project in any manner are subject to
the regulations set forth in these Bylaws. The mere acquisition
or rental of any of the Condominium Units (the "Units") of the
Project or the mere act of occupancy of any of such units shall
constitute an acceptance and ratification of these Bylaws.
1.3 Definitions. Unless otherwise specified, the
terms and definitions herein contained shall have the same
meaning in these Bylaws as such terms have in the Declaration
and the Articles of Incorporation of the Association.
ARTICLE II
MEMBERSHIP
2.1 Membership. Ownership of a Unit is required in
order to qualify for membership in the Association. Any person
becoming an Owner of a Unit shall automatically become a member
of the Association and be subject to these Bylaws. Such
membership shall terminate without any formal Association action
whenever such person ceases to own a Unit, but such termination
shall not relieve or release any former Owner from any liability
or obligation incurred under, or in any way connected with, the
Association during the period of such ownership, or impair any
rights or remedies which the Board of Directors of the Asso-
ciation or others may have against such former Owner and member
arising out of or in any way connected with ownership and
membership and the covenants and obligations incident thereto.
Membership is appurtenant to a Unit and may not be separately
conveyed, encumbered, or abandoned.
#323221 \.;05/90 15:52 Rec $110.00 021 PG 970
Silvia Davis, Pitkin Cnty Clerk, Doc $.00
2.2 Regular Membership. There shall be one Regular
Membership in the Association for each Condominium Unit, which
Regular Membership shall be appurtenant to the fee simple title
to such Condominium Unit. The Owner of the Condominium Unit
shall automatically be the Owner of the Regular Membership
appurtenant to that Condominium Unit and title to and ownership
of the Regular Membership for the Condominium Unit shall auto-
matically pass with fee simple title to the Condominium Unit.
Each Owner of a Condominium Unit shall automatically be entitled
to the benefits and subject to the burdens relating to the
Regular Membership for his Condominium Unit. If fee simple
title to a Condominium Unit is held by more than one person or
entity, the Regular Membership appurtenant to that Condominium
Unit shall be shared by all such persons or entities in the same
proportionate interest and by the same type of ownership as fee
simple title to the Condominium Unit is held. Regular Member-
ship in the Association shall be limited to Owners of Condomini-
um Units in the Project.
2.3 Declarant's Special Membership. Declarant shall
have a Special Membership in the Association for the Period of
Declarant's Special Membership, as hereinafter defined. The
"Period of Declarant's Special Membership" shall mean the period
beginning on the date of incorporation of the Association and
ending on the date on which Declarant owns only one Condominium
Unit. As the holder of this Special Membership, Declarant shall
have the right to elect all members of the Board of Directors of
the Association for a period beginning on the date of incorpo-
ration of the Association and ending at the expiration of the
Period of Declarant's Special Membership. As the holder of this
Special Membership, 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 of the Association, and to merger, consolidation, or
dissolution of the Association, but such rights shall terminate
upon expiration of the Period of Declarant's Special Membership.
ARTICLE III
MEETINGS
3.1 Place of Meeting. Meetings of the members shall
be held at such place, in Aspen, Colorado, as the Board may
determine.
3.2 Annual Meeting. The first annual meeting of the
Association shall be held within one III year after the date of
adoption of these Bylaws on a date and at a time determined by
the Board of Directors. Thereafter, the annual meetings of the
Association shall be held once each calendar year on dates
selected by the Board. The purpose of the annual meeting is for
the election of Board of Directors and the transaction of such
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other business of the Association as may properly come before
the meeting, including approval of the Association budget for
the ensuing year.
3.3 Special Meetings. The President may call a
special meeting of the Owners upon his own initiative or as
directed by resolution of the Board of Directors or upon receipt
of a petition signed by at least one-third (1/3) (in total
interest in and to the Common Elements) of the Owners. The
notice of any special meeting shall state the time and place of
such meeting and the purpose thereof. No business except as
stated in the notice shall be transacted at a special meeting
unless by consent of two-thirds (2/3) of the Owners present,
either in person or by proxy. Any such meeting shall be held at
such place and time as the President determines within thirty
(30) days after receipt by the President of such resolution or
petition.
3.4 Notice of Meetings. Written notice stating the
place, day, and hour of each meeting, and in case of a special
meeting, the purpose or purposes for which the meeting is
called, shall be delivered not less than ten (lO) nor more than
thirty (30) days before the date of the meeting, either person-
ally or by mail, by or at the direction of the President, or the
Secretary, or the persons calling the meeting to the registered
mailing address of each Owner entitled to vote at such meeting,
and to each first priority Mortgagee of a Unit if such Mortgagee
has filed a written request for such notice with the Secretary
at least ten (lO) days prior to any such meeting. If mailed,
such notice shall be deemed to be delivered when deposited in
the United States mail addressed to the registered mailing
address as it appears on the records of the Association, with
postage thereon prepaid.
3.5 Adjourned Meetings. If any meeting of members
cannot be organized because a quorum has not attended, the
members who are present, either in person or by proxy, may
adjourn the meeting, from time to time, until a quorum is
obtained.
3.6 Order of Business. The order of business at the
annual meetings of the Owners of Units shall be as follows:
a. Roll call and certifying proxies;
b. Proof of notice of meeting or waiver of notice;
c. Reading and/or disposal of unapproved minutes;
d. Reports of officers;
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e. Reports of committees;
f. Election of Directors;
g. Unfinished business;
h. New business;
i. Adjournment.
3.7 Voting. All members shall be entitled to vote on
all matters, and each member shall be entitled to vote only the
percentage of interest in the Common Elements of the Project
attributable to his Unit, as set forth in the Declaration. If
title to any Unit shall be held by two or more members, then
each member shall be entitled to vote only that member's share
of the percentage of interest attributable to his Unit. The
member's share of the percentage interest in the Project shall
be determined by the title document for the Unit. If the title
document is not sufficient to resolve the question, each Owner
of a Unit held by two or more members shall be presumed to have
an equal undivided interest. Cumulative voting in the election
of members of the Board of Directors shall be permitted. Unless
otherwise expressly provided in these Bylaws or the Declaration,
any action which may be taken by the Association may be taken by
a majority vote of a quorum of the members.
3.8 Proxies. Votes may be cast in person or by
proxy. All proxies shall be in writing and must be filed with
the Secretary before the appointed time of each meeting. Each
proxy shall be revocable and shall automatically cease to be
effective on the earlier of one III year from the date of the
proxy, or if applicable, after completion of the particular
meeting for which the proxy was filed, or upon conveyance by the
member of title to the member's Unit.
3.9 Designation of Voting Representative-Proxy. If
title to a Unit is held by a firm, corporation, partnership,
association, or other legal entity, or any combination thereof,
a proxy must be executed and filed with the Association appoint-
ing and authorizing one person or alternate persons to attend
all annual and special meetings of members and to cast whatever
vote the Owner would be entitled to vote as provided in the
Declaration. Such proxy shall be effective and remain in force
until and unless voluntarily revoked, amended, or sooner ter-
minated by operation of law.
3.10 Definition of Percentage. Whenever any percent-
age of Unit Owners is required herein, such percentage shall
refer to the designated percentage of interest in the Common
Elements of the Project as set forth in the Declaration, and
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shall not mean a percentage of the total members in the Asso-
ciation.
3.ll Quorum. Except as otherwise provided in these
Bylaws, the presence in person or by proxy of members represent-
ing at least one-third (33-1/3%) of the total votes of the
Association then entitled to be cast shall constitute a quorum.
3.12 Action Without Meeting. Any action which, under
the provisions of the Colorado Non-Profit Corporation Act, may
be taken at a meeting of the members, may be taken without a
meeting if such action is authorized by a writing signed by all
of the members who would be entitled to vote at a meeting and
filed with the Secretary.
3.l3 Waiver. The transaction of business at any
regular or special meeting of the members, however called and
noticed, shall be valid as though transacted at a meeting duly
held after regular call and notice, if a quorum be present
either in person or by proxy, and if, either before or after the
meeting, each of the members not present in person or by proxy,
signs a written waiver of notice, a consent to the holding of
such meeting, or an approval of the minutes thereof. All such
waivers, consents, or approvals shall be filed with the corpo-
rate records or made a part of the minutes of the meeting.
3.14 Minutes. Minutes or a similar record of the
proceedings of meetings of members, when signed by the President
or Secretary, shall be presumed truthfully to evidence the
matters set forth therein. A recitation in the minutes of any
such meeting that notice of the meeting was properly given shall
be prima facie evidence that such notice was given.
3.15 Attendance. Each first priority Mortgagee of a
Unit or of Association Property, which is real property, may
designate a representative to attend all special and regular
meetings of members. Meetings shall be open to attendance by
all members and any persons holding currently valid voting
proxies of members.
ARTICLE IV
BOARD OF DIRECTORS
4.1 Number and Qualification. The affairs of the
Association shall be governed by a Board composed of three (3)
persons who may be non-residents of Colorado but must be members
of the Association or must be agents of a member that is a
corporation, a partnership, a trust, or other legal entity. The
Board may increase, by resolution, the authorized number of
Directors, but only members shall have the right to elect new
Directors.
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4.2 Election and Term of Office. The term of office
of each member of the Board of Directors shall be fixed at one
(1) year. The members of the Board of Directors shall hold
office until their successors have been duly elected and qual-
ified.
4.3 Removal of Directors. At any regular or special
meeting of the members duly called, anyone or more of the
members of the Board of Directors may be removed with or without
cause by a Majority Vote of a quorum of members, and a successor
may then and there be elected to fill the vacancy thus created.
Any member of the Board of Directors whose removal has been
proposed shall be given an opportunity to be heard at the
meeting. The Board shall designate by resolution or motion when
such regular and special meetings shall be held. A successor
shall be elected for the unexpired term of his predecessor in
office.
4.4 Vacancies. Vacancies in the Board of Directors
caused by any reason other than the removal of a member of the
Board of Directors by a vote of the Association shall be filled
by a vote of the majority of the remaining members of the Board
of Directors, even though they may constitute less than a
quorum; and each person so elected shall be a member of the
Board of Directors until a successor is elected at the next
annual meeting of the Association.
4.5 ~lar Meetings. Regular meetings of the Board
of Directors may e held at such time and place as shall be
determined, from time to time, by a majority of the members of
the Board of Directors. Any of such meetings may be held by
telephone. Notice of regular meetings of the Board of Directors
shall be given to each member of the Board of Directors, person-
ally or by mail, telephone, or telegraph, at least seven (7)
days prior to the day named for such meeting. At least one such
meeting shall be held during each fiscal year.
4.6 Special Meetings. Special meetings of the Board
of Directors may be called by the President, or if he is absent
or refuses to act, by the Vice President, on three (3) days'
notice to each member of the Board of Directors, given person-
ally or by mail, telephone, or telegraph, which notice shall
state the time, place (as hereinabove provided), and purpose of
the meeting. Special meetings of the Board of Directors shall
be called by the President or Secretary in like manner and on
like notice on the written request of one or more members of the
Board of Directors. Special meetings may be held by telephone.
4.7
meeting of the
Directors may,
waiver of Notice. Before, at, or after any
Board of Directors, any members of the Board of
in writing, waive notice of such meeting and such
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waiver shall be deemed equivalent to the giving of such notice.
Attendance at any meeting of the Board of Directors shall be a
waiver of notice of the time and place thereof. If all of the
members of the Board of Directors are present at any meeting of
the Board, no notice shall be required and any business may be
transacted at such meeting.
4.8 Board of Directors' Quorum. At all meetings of
the Board of Directors, a majority of the Board shall constitute
a quorum for the transaction of business, and the acts of the
majority of the Board present at a meeting at which a quorum is
present shall be the acts of the Board of Directors. If, at any
meeting of the Board of Directors, 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, any business
which might have been transacted at the meeting as originally
called may be transacted without further notice.
4.9 Powers and Duties. The Board shall have the
powers and duties necessary for the administration of the
affairs of the Association. The Board may do all such acts and
things as are not by law or by the Articles of Incorporation or
these Bylaws or by the Declaration directed to be exercised and
done by the members.
4.10 Other Powers and Duties. The Board shall be
empowered and shall have the following duties:
a. To administer and enforce the covenants,
conditions, restrictions, easements, uses, limita-
tions, obligations, and all other provisions set forth
in the Declaration, the Bylaws of the Association, and
supplements and amendments thereto.
b. To establish, make, and enforce compliance
with such reasonable rules as may be necessary for the
operation, use, and occupancy of the Project with the
right to amend same from time to time. A copy of such
rules and regulations shall be delivered to or mailed
to each member of the Association promptly upon the
adoption thereof.
c. To incur such costs and expenses as may be
necessary to keep in good order, condition, and repair
all of the General and Limited Common Elements and all
items of common personal property.
d. To insure and keep
fixtures, common equipment,
acquired by the Association
insured all the common
and personal property
for the benefit of the
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Association, the Owners of the Units, and the Owner's
First Mortgagees.
e. To prepare, according to generally accepted
accounting principles, a budget for the Association at
least annually, in order to determine the amount of
the common assessments payable by the Unit OWners to
meet the common expenses of the Project. To allocate
and assess such common charges among the Unit OWners
according to their respective common ownership inter-
ests in and to the General Common Elements. To cause
the Association to provide for, among other things,
the following services to be paid for out of the
regular assessments (or special assessments if neces-
sary): the maintenance, repair, operation, additions,
alterations, and improvements of and to the Common
Elements, including expenses of management; insurance
relative to the Common Elements; common electricity,
common heating, common water, and common sewer; trash
collections; legal and accounting relative to the
Common Elements and the Association; snow removal; and
other services deemed necessary by the Board of
Directors of the maintenance of the Common Elements
and operation of the Association. By majority vote of
the Board to adjust, decrease, or increase the amount
of the quarterly or monthly assessments, and remit or
return any excess of assessments over expenses,
working capital, sinking funds, and reserve (for
deferred maintenance and for replacement) to the
Owners at the end of each operating year. To levy and
collect special assessments whenever in the opinion of
the Board it is necessary to do so in order to meet
increased operating or maintenance expenses or costs,
or additional capital expenses, or because of emer-
gencies.
f. To collect delinquent assessments by suit or
otherwise and to enjoin or seek damages from an Owner
as is provided in the Declaration and these Bylaws.
The Board of Directors shall have the duty, right,
power, and authority to prohibit use of the Limited
and General Common Elements by an OWner, his guests,
tenants, lessees, and invitees in the event that any
assessment made remains unpaid after the due date for
payment thereof.
g. To protect and defend in the name of the
Association any part or all of the Project from loss
and damage by suit or otherwise.
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h. To borrow funds in order to pay for any
expenditure or outlay required pursuant to the author-
ity granted by the provisions of the Declaration and
these Bylaws and to execute all such instruments
evidencing such indebtedness as the Board may deem
necessary, and such indebtedness shall be the several
obligation of all the Owners in the same proportion as
they share the Common Elements.
i. To enter into contracts within the scope of
their duties and powers.
j. To establish a bank account for the common
treasury and for all separate funds which are required
or may be deemed advisable by the Board.
k. To keep and maintain full and accurate books
and records showing all of the receipts, expenses, or
disbursements and to permit examination thereof by
Unit Owners or their Mortgagees at convenient weekday
business hours.
1. To prepare and deliver annually to each
member a statement showing all receipts, expenses, or
disbursements since the last such statement, including
depreciation and other tax information.
m. To designate and remove the personnel neces-
sary for the operation, maintenance, repair, and
replacement of the Common Elements.
n. To impose an initial assessment on each Owner
of up to three (3) months estimated monthly assessment
to be used by the Association as working capital.
o. On appropriate notice and receipt of the
designated fee from the requesting party, to furnish a
certificate of Owner I s account setting forth the
amount of any unpaid amounts or other charges due and
owing from such Owner.
p. To maintain the General and Limited Common
Elements (to the extent not maintained by an Owner);
to make or cause to be made repairs, replacements,
additions, alterations, and improvements to the
General and Limited Common Elements (to the extent not
maintained by an Owner) consistent with managing the
Project in a first class manner and consistent with
the best interest of the Unit Owners.
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q. In general, to carryon the administration of
this Association and to do all of those things neces-
sary and reasonable in order to carry out the govern-
ing and the operation of this Project.
r. To control and manage the use of all parking
areas.
4.11 Manager. The Board may employ for the Asso-
ciation a Manager or managing agent at a compensation estab-
lished by the Board, to perform such duties and services spec-
ified in the preceding section of these Bylaws; however, no such
delegation shall relieve the Board of its responsibilities under
the Declaration and Bylaws.
4.12 Reimbursement. A Board member shall be entitled
to reimbursement for any actual out-of-pocket expenses which
that Board member can document by written receipt for expenses
incurred in the proper performance of that Board member's
duties.
4.13 No Waiver of Rights. The omission or failure of
the Association or any Unit Owner to enforce the covenants,
conditions, restrictions, easements, uses, limitations, obliga-
tions, or other provisions of the Condominium Declaration, the
Articles of Incorporation of the Association, by these Bylaws,
or the house rules and regulations adopted pursuant thereto,
shall not constitute or be deemed a waiver, modification, or
release thereof, and the Board of Directors or the Managing
Agent shall have the right to enforce the same thereafter.
4.14 No Compensation to Directors. No members of the
Board of Directors shall receive compensation for their services
as such, unless approved by a majority vote of a quorum of the
members.
4.15 Action by Directors. The Directors shall have
the right to take any action without a meeting which they could
have taken at a meeting by obtaining the vote or written consent
of all the Directors. Any action so approved shall have the
same effect as though taken at a meeting of the Board.
4.16 Committees. The Board may, by resolution, from
time to time designate such committees as it shall desire and
may establish the purposes and powers of each such committee
created. The resolution designating and establishing the
committee shall provide for the appointment of its members, as
well as a chairman, shall state the purposes of the committee
and shall provide for reports, termination, and other adminis-
trative matters as deemed appropriate by the Board.
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ARTICLE V
OFFICERS
5.l Officers. The officers of the Association shall
consist of a President, a Secretary/Treasurer, and such other
officers and assistant officers as may be deemed necessary, each
of whom shall be elected annually by the Board. Any two or more
offices may be held by the same person, except the offices of
President and Secretary. Except for the President who shall be,
such officers need not be, members of the Board of Directors,
but each shall be an OWner of a Unit in this Project, or the
Declarant, or his representative.
5.2 Election of Officers.
Association shall be elected annually
at the organizational meeting of each
office at the pleasure of the Board.
The officers of the
by the Board of Directors
new Board and shall hold
5.3 Removal of Officers. Upon an affirmative vote of
a majority of the members of the Board of Directors or a two-
thirds (2/3) majority vote of the members, any officer may be
removed, either with or without cause. Such officer's successor
may be elected at any regular meeting of the Board of Directors,
or at any special meeting of the Board called for such purpose.
The removal of an officer shall be without prejudice to the
contract rights, if any, of the officer so removed. Election of
an officer or agent shall not in itself create contract rights.
5.4 President. The President shall be the chief
executive officer of the Association. The President shall
preside at all meetings of the Association and the Board. The
President shall have all the general powers and duties which are
usually vested in the office of President of a non-profit
corporation, including, but not limited to, the power to appoint
committees from among the members from time to time as the
President may, in his discretion, decide is appropriate to
assist in the conduct of the affairs of the Association, or as
may be established by the Board or by the members of the Asso-
ciation at any regular or special meetings.
5.5 Vice President. The Vice President shall have
all the powers and authority to perform all the functions and
duties of the President, in the absence of the President, or the
President's inability for any reason to exercise such powers and
functions or perform such duties.
5.6 Secretary. The Secretary shall keep all the
minutes of the meetings of the Board and the minutes of all
meetings of the Association. The Secretary shall have charge of
such books and papers as the Board may direct: and shall, in
general, perform all the duties incident to the office of
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Secretary. The Secretary shall compile and keep up to date at
the principal office of the Association a complete list of the
members and their last known addresses as shown on the records
of the Association. Such list shall also show opposite each
member's name the number of appropriate designation of the Unit
Elements and a description of the Limited Common Elements
assigned for exclusive use in connection with such Unit. Such
list shall be open to inspection by members and other persons
lawfully entitled to inspect the same at reasonable times during
regular business hours at the registered office of the Asso-
ciation.
5.7 Treasurer. The Treasurer shall have responsibil-
ity for Association funds and shall be responsible for keeping
full and accurate accounts of all receipts and disbursements in
books for the deposit of all monies and other valuable effects
in the name, and to the credit, of the Association in such
depositories as may from time to time be designated by the
Board, and shall pay all charges and obligations of the Asso-
ciation before the same shall become delinquent. In the event a
Managing Agent has the responsibility of collecting and disburs-
ing funds, the Treasurer shall review the accounts of the
Managing Agent not less often than once each calendar quarter.
ARTICLE VI
INDEMNIFICATION OF DIRECTORS AND OFFICERS
6.l Indemnification. The Association shall indemnify
every Director, Board member, and officer, their respective
successors, personal representatives, and heirs, against all
loss, costs, and expenses, including counsel fees, reasonably
incurred by such individual in connection with any action, suit,
or proceeding to which such individual may be made a party by
reason of being or having been a Board member or Officer of the
Association, except as to matters as to which such Board member
or Officer shall be finally adjudged in such action, suit, or
proceeding to be liable for gross negligence or willful miscon-
duct. In the event the Court determines such gross negligence
or malfeasance to have occurred, the person determined to have
so acted shall reimburse the Association for all sums advanced
to defend the suit or proceeding.
In the event of a settlement, indemnification shall be
provided only in connection with such matters covered by the
settlement as to which the Association is advised by counsel
that the person to be indemnified has not been guilty of gross
negligence or willful misconduct in the performance of duties.
The foregoing rights shall not be exclusive of other rights to
which such Director or Officer may be entitled. All liability,
loss, damage, cost, and expense out of or in connection with the
foregoing indemnification provisions shall be treated and
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handled by the Association as Common Expenses; provided, howev-
er, that nothing contained in this Section 6.1 shall be deemed
to obligate the Association to indemnify any Member or Owner of
a Condominium Unit who is or has been a Manager or Officer of
the Association with respect to any duties or obligations
assumed or liabilities incurred by him under and by virtue of
the Condominium Declaration with respect to his individual
Condominium Unit.
6.2 Other. Contracts or other commitments made by
the Board of Directors, Officers, or the Managing Agent shall be
made as agent for the Unit Owners, and they shall have no
personal responsibility on any such contract or commitment
(except as Unit Owners), and the liability of any Unit Owner on
any such contract or commitment shall be limited to such propor-
tionate share of the total liability thereof as the common
interest of all of the Unit Owners, except that any losses
incurred because of an inability to collect such proportionate
amount of the total liability owed by an Owner shall be shared
proportionately by the other Owners in the same ratio as their
respective interests in the Common Elements bear to one another.
ARTICLE VII
BYLAWS
7.l Amendments. These Bylaws may be amended by the
Board at a duly constituted meeting for such purpose or at a
meeting of Owners called for such purpose, but in either event
shall be approved by Owners representing an aggregate interest
of at least two-thirds (66-2/3%) of the General Common Elements.
The notice of such meeting shall contain a summary of the
proposed changes or a copy of such proposed changes. No amend-
ment shall serve to shorten the terms of any members of the
Board of Directors or conflict with the Colorado Condominium
Ownership Act.
7.2 Compliance with Colorado Condominium Ownership
Act; Conflicts. These Bylaws are intended to comply with the
requirements of the Colorado Condominium Ownership Act. If any
of these Bylaws conflict with the provisions of such statute,
the provisions of the statute will govern. If any of these
Bylaws conflict with the provisions of the Declaration or the
Articles of Incorporation, the provisions of those documents
shall govern.
ARTICLE VIII
SERVICES
S.l Services. The Association shall initially
provide the following services to be paid for from regular
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assessments, which may be amended or supplemented from time to
time by a majority vote of a quorum of members:
a. Maintenance payroll;
b. Building maintenance;
c. Grounds maintenance;
d. Supplies;
e. Electricity service for common area;
f. Water and sewer service for common area;
g. Snow removal;
h. Trash removal;
i. Board of Director's reimbursable expenses;
j. Management and administrative services;
k. Replacement fund management.
ARTICLE IX
MORTGAGES
9.l Notice to Association. An Owner who mortgages a
Unit shall notify the Association through the Managing Agent, if
any, or the Secretary of the Board of Directors, giving the name
and address of his Mortgagee. Any such Owner shall notify the
Association in the same manner of the release or discharge of
any such Mortgage.
9.2 Notice of Unpaid Common Assessments. The Board
of Directors, upon ten (10) days' written notice of request and
payment of the required fee (in a reasonable amount as estab-
lished by the Board of Directors) by a Unit Owner or such
Owner's Mortgagee shall promptly prepare a statement of account
setting forth the amount of any unpaid assessments or other
charges due and owing from such Unit's Owner.
9.3 Notice of Default. The Board of Directors, when
giving notice to a unit Owner of a default in paying common
assessments or other default, shall send a copy of such notice
to each holder of a Mortgage covering such Unit whose name and
address has theretofore been furnished to the Board of Direc-
tors.
9.4 Examination of Books. Each Unit Owner and each
Mortgagee of a Unit shall be permitted to examine the books of
account of the Association at reasonable times, on business
days, but not more often than once each month at the registered
office of the Association.
ARTICLE X
NON-PROFIT CORPORATION
10.1 Non-Profit Corporation. This Association is not
organized for profit. No member, member of the Board, or person
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from whom the Association may receive any property or funds
shall receive or shall be lawfully entitled to receive any
pecuniary profit from the operation thereof, and in no event
shall any part of the funds or assets of the Association be paid
as a salary or compensation to, or distributed to, or inure to
the benefit of, any Officer, member of the Board, or member of
the Association. The foregoing, however, shall neither prevent
nor restrict the following: (1) Reasonable compensation may be
paid to any Board member, Officer, or member acting as an agent
or employee of the Association for services rendered in effect-
ing one or more of the purposes of the Association, and (2) any
member, Officer, or Board member may, from time to time, be
reimbursed for actual and reasonable expenses incurred in
connection with the administration of the affairs of the Asso-
ciation.
ARTICLE XI
OBLIGATIONS OF THE OWNERS
ll.l Assessments. Except as otherwise provided in
the Declaration, all Owners shall be obligated to pay the
periodic assessments imposed by the Association to meet the
Common Expenses, and payment thereof shall be made no later than
as set forth in the Declaration or on such statement. The
assessments shall be made pro rata according to the percentage
interest in and to the General Common Elements and shall be due
monthly in advance. A member shall be deemed to be in good
standing and entitled to vote at any annual or at a special
meeting of members, within the meaning of these Bylaws, if and
only if, such member shall have fully paid all assessments made
or levied against such member and the Unit owned by such member.
ll.2 Proof of Ownership. Except for those Owners who
initially purchase a Unit from Declarant, any person on becoming
an Owner of a Unit shall furnish to the Managing Agent or Board
of Directors a machine or a certified copy of the recorded
instrument vesting that person with an interest or ownership in
the Unit, which copy shall remain in the files of the Asso-
ciation.
11.3 Registration of Mailing Address. All Owners of
each Unit shall have one registered mailing address to be used
by the Association for mailing of statements, notices, demands,
and all other communications; and such registered address shall
be the only mailing address of a person or persons, firm,
corporation, partnership, association, or other legal entity or
such combination thereof to be used by the Association. Such
registered address of a Unit Owner or OWners shall be furnished
by such Owners to the Secretary within five (5) days after
transfer of title; such registration shall be in written form
and signed by all of the Owners of the Unit or by such persons
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F'G 984
as are authorized by law to represent the interests of (all of)
the OWners thereof. If no address is registered or if all of
the OWners cannot agree, then the address of the Unit shall be
their registered address until another registered address is
furnished as permitted under this paragraph. A registered
address may be changed from time to time by similar designation.
ll.4 Notice of Lien or Suit. An Owner shall give
notice to the Association of every lien or encumbrance upon that
Owner's Unit, other than for taxes and special assessments, and
notice of every suit or other proceeding which may affect the
title to that Owner's Unit, and such notice shall be given in
writing within five (5) days after the OWner has knowledge
thereof.
ll. 5 Use of General Common Elements and Limited
Common Elements. Each OWner may use the General Common Ele-
ments, those Limited Common Elements which such Owner is enti-
tled to use, sidewalks, pathways, roads and streets, and other
Common Elements located within the Project in accordance with
the purpose for which they were intended without hindering or
encroaching upon the lawful rights of the other Owners, and
subject to the rules and regulations contained in these Bylaws
and established by the Board of Directors.
11.6 Assessments, Debts, and Other Obligations by
Uni t Owner. The assessments, debts, and other obligations
assumed by the Unit OWners are:
a. All of the obligations and assessments set
out in the Declaration regarding assessments;
b. The duty to abide by the Rules and Regula-
tions set out in the Declaration or herein;
c. To pay the separate tax assessments set forth
in the Declaration;
d. To repair and maintain such Owner's Unit and
all Limited Common Elements pursuant to the Declara-
tion;
e. To abide by obligations and agreements set
out in the Declaration, including the designation of
the Association as attorney-in-fact and the obligation
to pay for repair; if repair is required, and if the
insurance funds are insufficient; and
f. To assume any other assessments, debts, or
other obligations set out in the Articles, Declara-
tion, and Bylaws of this Association.
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ll.7 Maintenance and Repair.
a. Every Owner must perform promptly, at such
Owner's own expense, all maintenance and repair work
within that Owner's Unit which, if omitted, would
affect the appearance of or the aesthetic integrity of
part or all of the Project.
b. All the repairs of internal installations of
the Unit (non-common element installations) such as
water fixtures, light fixtures, gas fixtures, power
fixtures, toilet and bath fixtures, telephones,
sanitary installations, electrical fixtures, and all
other accessories, equipment, and fixtures shall be at
the Owner's expense. Repairs to doors and windows
shall be at Owner's expense, utilizing materials
approved by the Association.
c. An Owner shall be obligated to reimburse the
Association promptly upon receipt of its statement for
any expenditures incurred by it in repairing or
replacing any General or Limited Common Element
damaged by such Owner's negligence or by the negli-
gence of such Owner's tenants or agents or guests.
ll.8 General.
a. Each Owner shall comply strictly with the
provisions of the recorded Declaration and these
Bylaws and amendments thereto.
b. Each OWner shall always endeavor to observe
and promote the cooperative purposes for the accom-
plishment of which the Project was created.
ll.9 Use of Units; Internal Changes.
a. All Units shall be utilized only for uses as
are provided in the Declaration.
b. An OWner shall not make structural modifica-
tions or alterations to a Unit or installations
located therein without the written approval of the
Board of Directors, and then only in accordance with
the provision of the Declaration. The Board of
Directors shall be notified in writing of the intended
modifications through the Managing Agent, or if no
Managing Agent is employed, then through the President
of the Association. The Association shall have the
obligation to answer an Owner's request within fifteen
(l5) days after such notice, and failure to do so
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within such time shall mean that there is no objection
to the proposed modifications or alterations.
11.10 Right of Entry.
a. An Owner shall and does grant the right of
entry of the Managing Agent or to any other person
authorized by the Board of Directors in case of any
emergency originating in or threatening such Owner's
Unit, whether the Owner is present at the time or not.
b. An Owner shall permit other Owners, or their
representatives, to enter such Owner's Unit for the
purpose of performing installations, alterations, or
repairs to the mechanical, electrical, or utility
services which, if not performed, would affect the use
of other Unit(s); provided that requests for entry are
made in advance and that such entry is at a time
convenient to the Owner. In case of emergency, such
right of entry shall be immediate.
ll.ll Rules and Regulations.
a. The Board of Directors reserves the power to
establish, make, and enforce compliance with such
additional reasonable house rules as may be necessary
for the operation, use, and occupancy of this Project
with the right to amend same from time to time.
11.12 Destruction and Obsolescence. Each Owner, upon
becoming an Owner of a Unit, thereby grants such Owner's power
of attorney in favor of the Association, irrevocably appointing
the Association his attorney-in-fact to deal with the Owner's
Unit upon its damage, destruction, or obsolescence, all as is
provided in the Declaration. ~ ~
Trustee and Director
~~'\J-= A, ~~
Trbstee and Director
T~t:r~ ~
Tr and D'rector
~
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SECRETARY'S CERTIFICATE
certify
were a
of
said
The undersigned, Secretary of the B.P.O.E. does hereby
that the above and foregoing Bylaws of such cora~ion
pted by the Board of Directors of B.P.O.E. on the ~day
, 1990, and that they do constitute the Bylaws of
(#~,k
, Secretary
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FG 988
RULES AND REGULATIONS
l. Any common sidewalks, driveways, entrances,
halls, stairways, and passageways shall not be obstructed or
used by any Unit Owner for any other purpose than ingress to and
egress from the units.
2. Except as to the areas termed limited common
elements, no article shall be placed on or in any of the general
common elements except for those articles of personal property
which are common property of all of the Unit Owners.
3. unit Owners, members of their families, their
guests, residents, tenants, or lessees shall not use sidewalks,
driveways, entrances, halls, stairways, and passageways as play
area(s) .
4. No vehicle belonging to or under the control of a
Unit Owner or a member of the family or a guest, tenant, lessee,
or employee of a Unit Owner shall be parked in such manner as to
impede or prevent ready access to any entrance to or exit from a
building.
5. No work of any kind shall be done upon the
exterior building walls or upon the general or limited common
elements by any Unit Owner. Such work is the responsibility of
the Association.
6. No Owner, resident, or lessee shall install
wiring for electrical or telephone installations or for any
other purpose, nor shall any television or radio antennae,
machines, or air conditioning units be installed on the exterior
of the project, including any part of the balcony, or that
protrude through the walls or the roof of the condominium
improvements except as may be expressly authorized by the
Association.
7. Owners and occupants shall exercise reasonable
care to avoid making or permitting to be made loud, disturbing,
or objectionable noises, and in using or playing or permitting
to be used or played musical instruments, radios, phonographs,
television sets, amplifiers, and any other instruments or
devices in such manner as may disturb or tend to disturb Owners,
tenants, or occupants of other Units.
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8. Disposition of garbage and trash shall be only by
the use of garbage disposal units or by use of common trash and
garbage facilities.
9. The balconies, if any, and terraces, decks, or
patios shall be used only for the purposes intended and shall not
be used for hanging garments or other articles or for cleaning
rugs, household articles, or other items. No rugs or other
materials shall be dusted from windows, balconies, decks, or patios
by beating or shaking. Patios and balconies shall be kept free of
garbage, debris, trash, bicycles, tires, animal droppings, laundry,
or other unsightly storage.
10. The Association assumes no liability for nor shall
it be liable for any loss or damage to articles stored in any
common or other storage area.
11. Any damage to the general common elements or common
personal property caused by the Owner or a child or children of a
unit Owner or their guests or the guests of a unit Owner shall be
repaired at the expense of that unit Owner.
12. with the consent of an Owner, the Managing Agent, or
if there is no Managing Agent, then the Board of Directors, may
retain a pass key to each unit. In the event that the Owner does
not so permit retention of a pass key, the Managing Agent, or if
there be none, the Board of Directors, its employees, and/or agents
may make a forcible entry into such unit when the Managing Agent or
Board of Directors believes that an emergency requiring such entry
exists. As long as such entry is made upon a bona fide belief of
emergency, the Owner shall have no recourse for any such forcible
entry against the Managing Agent or Board of Directors or the
person or persons who actually effect such forcible entry.
The foregoing Rules and Regulations are subject to
amendment and to the promulgation of further regulations.
Dated this
day of
, 1990.
Secretary
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