HomeMy WebLinkAboutcoa.lu.su.Gavilon Condos.1976
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LAW.OF'F'ICES
OATES, AUSTIN & MCGRATH
600 EAST HOI=>KINS STREET
LEONARD M. OATES
RONALD O. AUSTIN
oJ. NICHOLAS McGRATl-l, ..JR.
WILLIAM R. ..JORDAN m
',ASPEN, COLORADO 816[1
May 4, 1976
AREA CODE :303
TELEPJ.lONE 925 -feOO
.JOHN Tt-lOMAS KELLY
Ms. Sandra M. Stuller
City Attorney
City of Aspen
130 South Galena Street
Aspen, Colorado 81611
Re: First Amendment to Condominium
Map for Gavilon Condominiums
Dear Sandy:
This letter is a follow-up of our telephone
conversation held on May 3, 1976. During that conver-
sation, I advised you that errors had been made in the
designation of units within the Gavilon (a Condominium)
which are reflected on the condominium map thereof,
recorded in Plat Book 4 at Page 343 of the records of
Pitkin County, Colorado.
I have been requested by Stewart Title of Aspen
to take such steps as are necessary to amend the condo-
minium map to correctly reflect the unit designations.
I enclose certain plat language which I propose
to use to effect the modification on the map. I have
instructed Survey Engineers to prepare the amended
condominium map of Gavilon Condominiums, citing the
language which I show hereon. Enclosed is a copy of
the recorded condominium map so that you may compare
it with the amendment when it is presented to you by
Survey Engineers.
We are asking that this matter be placed in
front of the City of Aspen Planning & Zoning Commission
to obtain their approval to the correction of the unit
designations. Perhaps approval could be granted so
that the Chairman could execute the amended map when
it is ready without necessity of a full review of the
amended map by the Planning & Zoning Commission.
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OATES, AUSTIN a MCGRATH
Ms. Sandra M. Stuller
Page Two
May 4, 1976
I believe this is a simple matter, falling
squarely within the intents of Section 20-2l(b) of
the official Code of the City of Aspen.
If you would like verification as to the
incorrectness of the original map and the correctness
of the revisions to be delivered to you, you may check
with Mr. Ed Phillips at Stewart Title of Aspen, Inc.
As a bit of background, the undivided percentage
interest in and to the common elements varies by a level
within the project. However, the redesignation of the
units by virtue of the amendment to the condominium map
has no affect whatsoever on those pertinent undivided
interests. Therefore, no substantive rights of any
owner of a unit within the project is affected.
Also, I am sending along a copy of the Condo-
minium Declaration for Gavilon. Your attention is
specifically called to the last subparagraph of paragraph
2 as contained in Book 266 at Page 665, wherein the
Declarant has reserved the right to amend the map to
conform the same to the location of improvements.
If you have any questions or comments, with
respect to what we are proposing to do, please feel
free to contact me.
Very truly yours,
OATES, AUSTIN & McGRATH
By
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. Leonard M. Oates
LMO:dlw
Enclosures
cc: Stewart Title of Aspen, Inc.
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LAW OF"F"ICES
OATES, AUSTIN a MCGRATH
600 EAST HOF>KINS STREET
LEONARD M. OATES
RONALD O. AUSTIN
oJ. NICHOLAS Mc::GRATH..JR.
WILLIAMR. ,JORDAN m:
ASPEN, COLORAOO .8.611
May 4, 1976
AREA CODE 303
JOHN THOMAS KELLY TELEPHONE. 925-2600
Mr. Dick Barton
Survey Engineers, Inc.
P. O. Box 2506
Aspen, Colorado 81611
Re: First Amendment to Condominium Plat
of Gavi10n Condominiums
Dear Mr. Barton:
Enclosed herewith is the plat language which
lam suggesting for your amended plat for the Gavi10n.
After the plat has been completed, please deliver it
to me so that I can send it along to the Aspen Planning
& Zoning Commission for its approval which will be
necessary under the subdivision ordinance.
It is my understanding that you shall prepare
the amended map showing only the unit locations on the
first second and third levels and shall, in all other,
respects, ratify the plat.
Weare most anxious to get this matter resolved
as quickly as possible, and I will look fOrward to
receiving your work prOduct as expeditiously as possible.
Very truly yours,
OATES, AUSTIN &'McGRATH
COpy o:,:."~~~cLEONARD M. OATES.
By
Leonard M. Oates
LMO:d1w
Enclosure
cc: Ms. Sandra M. Stuller""
Stewart Title of Aspen, Inc.
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Fi1ea for record September 6, 1972
Reception No. 153 829
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at2:l8 P.M.o'c1ock
Peggy E.Miklich, Recorder
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CONDOMINIUM DECLARATION
FOR
GAVILON
(A Condominium)
KNOW ALL MEN BY THESE PRESENTS:
"
THAT, WHEREAS, ROBERT R. FULLER, JR. and DELORES B.
FULLER, as joint tenants with right of survivorship, herein-
after called "Declarants,"are the owners of the real property
situate in the County of Pitkin, State of Colorado, which
property is described on the attached Exhibit A, which by this
reference is made a part hereof and incorporated herein; and
WHEREAS, Declarants desire to establish a condominium
complex under the Condominium Ownership Act of the State of
Colorado; and
WHEREAS, by this Declaration a plan is established for
the separate ownership in fee simple of the real property estates
(condominium units) and for submitting the property described'
in this Declaration to condominium use; and
WJIEREAS, the initial development will consist of the
construction of 12 condominium units in a multi-story building
on the property described in Exhibit A; and
WHEREAS; Declarants do hereby establish a plan for
the ownership in fee simple of real property estates consis,t-
ing of the area or space contained in each of' the air space
units in the building improvements and the co-ownerShip by
the individual and separate owners thereof, as tenants in
common, of all of the remaining property, which property is
hereinafter defined and referred to as the general common
elements; .
NOW, THEREFORE, Declarants do hereby publish and declare
that the following terms, covenants, conditions, easements,
restrictions, uses, limitations and obligations shall be deemed
to rUn with the land, shall be a burden and a benefit to
Declarants, their successors and assigns and any person acquiring
or owning an interest in the real property and improvements,
their grantees, successors, heirs, executors, administrators,
devisees or assigns.
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I, Definitions, unless the context shall expressly provide
otherwise.
.'
(a) "Unit" means an individual air space unit which is con-
tained within the perimeter walls, floors, ceilings, windows
and doors of such unit in a building 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
structural components of, the building, if any, within au/
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(b) "Condominium Unit" means the fee simple interest and
title in and to a unit together with the undivided interests
in and to the general and limited common elements.
(c) "Owner" means a person, firm, corporation, partnership,
association or other legal entity, or any combination thereof,
who own(s) 'one or more condominium units.
(d) "General common elements" means and includes the land
on which the building is located; the st,ructural components of
the building; the balconies; and all other parts of such land
and the improvements thereon necessary or convenient to its
.existence, maintenance and safety, including but not limited
to, mechanical equipment pertaining to central services, such
as power, light, gas, hot and cold water, and heating, which
are normally and, reasonably in common use, including the air
above such land, all of which shall be owned, as tenants in
common, by the owners of the separate units, each owner of a
unit having an undivided percentage interest in such general
common elements as is provided hereinafter.
(e) "Limited common elements" means those parts of the
general common elements which 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.
(f) "Entire premises" or "property" means and includes the
la~d, the buildings, all improvements and structures thereon,
all owned in fee simple absolute, and all rights, easements
and appurtenances belonging thereto.
(g) "Condominium project" means all of the land and improve-,
ments initially and subsequently submitted to this Declaration.
(h) "Common expenses" means and includes expenses of admin-
istration, operation, rental and management of the units, and
the expense of maintenance, repair or replacement of the general
common elements} expenses declared common expenses by provisions
of this Declaration and the By-Laws of the Association; and all
sums lawfully assessed against the units 'and the general common
elements. .
(i) "Association of Unit Owners" or "Association" means
Gavilon Condominium Association, a Colorado corporation,
not for prOfit, its successors and assigns, the Certificate
of Incorporation and By-Laws of which shall govern the administra-
tion of this condominium property, the members of which shall
be 'all of the owners of the condominium.units.
(j) "Building" means one of the building improvements con-
taining units and which comprises a part of the property.
(k) "Map" or "Supplemental Map" means and includes the
engineering survey of the land locating thereon all of the
improvements, the floor and elevation plans and any other
drawing or diagrammatic plan depicting a part of or all of
the improvements and land.
2. Condominium Map. The Map may be filed for record in whole
or in parts or sections, from time to time, as the stages of
construction of the units and other improvements are substan-
tiallycompleted. 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 supplements
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shall be shown thereon. The Map or any part or section thereof
depicting units shall not be filed for record until the building
in which the units are located has been substantially completed
in order to permit the location thereof, both horizontally and
vertically by a registered engineer. Each such Map shall be
filed for record prior to the conveyance of a condominium unit
to a purchaser. Each such Map shall depict and show at least
the following: The legal description of the land and a survey
thereof; the location of the'building(s), the floor and elevation
plans, the location of the unit within the building, both hor-
izontally and vertically, the thickness of the common walls
between or separating the units; the location of any structural
components or supporting elements of a building located within
.aunit, and, the unit designations and the building number.
The Map shall contain the certificate of' a registered profes-
sional engineer or licensed architect, or both, certifying that
the Map substantially depicts the location and the horizontal
and vertical measurements of the building, the units, .the unit
designations, the dimensions of the units, the elevations of
the unfinished floors and ceilings as constructed, the building
number or symbol and that such Map was prepared subsequent to'
substantial completion of the improvements. Each supplement
and/or any Amendment shall set .forth a like certificate when
appropriate.
In interpreting the Map the existing physical boundaries of
each separate unit as constructed shall be conclusively pre-
sumed to be its boundaries. '
Declarants reserve the right to
time, to conform same according
of the constructed improvements
relocate easements, access road
areas.
amend the Map, from time to
to the actual location of any
and to establish, vacate and
easements and off-site parking
3. Division of Property into Condominium Units.' The real
property described in Exhibit A and the improvements to be
constructed thereon are hereby divided into the following
fee simple estates:
Twelve separate fee simple estates, each such estate consisting
of one unit together with an appurtenant undivided fractional
interest in and to the general common elements in the amount
set forth as a percentage on the attached Exhibit B, which
is, by this reference, made a part hereof. The general common
elements shall be held in common by the owners thereof.
Each condominium unit is described on Exhibit B, and shall
be identified on the map by the number and by the building
symbol as is shown on said Exhibit B.
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4. Limited Common Elements. A portion of the general common
elements is reserved for the exclusive use of the individual
owners of the respective units, and such areas are referred to
as "limited common elements." The limited common elements so
reserved are the balconies and patios as shown on the Map.
The balcony or patio which is accessible from, associated with
and which adjoins a unit shall; without further reference'
thereto, be used in connection with such unit to the exclusion
of the use thereof by the other owners of the general common
elements, except by invitation. All of.the owners of condo-
minium units in this condominium project shall have a non-
exclusive right, in common with all of the other owners, to
the use of sidewalks, pathways, and the.parking area located
within the entire condominium project. No reference thereto,.
whether such limited common elements are exclusive or non-
exclusive, need be made in any deed, instrument of conveyance,
or other instrument, and reference is made to the provisions
of paragraph 6 of this Declaration. .
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5. Inseparability of a Condominium unit. Each unit, the
appurtenant undivided interest in the general common elements
and the appurtenant limited common. elements shall together
comprise one condominium unit, shall be inseparable and may ,
be conveyed, leased, devised or encumbered only as a condomi-
nium unit,.
6. Description of Condominium Unit. A contract for the sale
of a condominium unit written prior to the filing for record.
of the Map may legally describe a condominium unit by its
identifying unit number, the building symbol, followed by the
words "Gavilon," with further reference to the 'Declaration
and the Map to be filed for record.
Subsequent to the filing of the Map and the recording of the
Declaration, every deed, lease, mortgage, trust deed, will or
other instrument may legally describe a condominium unit by .
identifying unit number, the building symbol, followed by the
word . II Gavilon" with further reference to the Map thereof '
filed for record and the recorded Declaration. Every such
description shall be good and sufficient for all purposes
to sell, convey, transfer, encumber or otherwise affect not
only the unit but also the general common elements and the
limited common elements appurtenant thereto. Each such descrip-
tionshall be construed to include a non-exclusive easement
for ingress and egress to an owner's unit and use of all
of the general common elements together with the right to
the use of the limited common elements. The initial deeds
conveying each condominium unit may contain reservations,
exceptions and exclusions which the Declarants deem to be
consistent with and in the best interest of all condominium,
unit owners and the Association.
7. Separate Assessment and Taxation - Notice to' Assessor.
Declarants shall give written notice to the assessor of the
County of Pitkin, Colorado, of the creation of condominium
ownership of this property, as is provided by law, so that
each unit and the undivided interest in the general common
elements appurtenant thereto shall be deemed a parcel and
subject to separate assessment and taxation.
8. Ownership - Title. A condominium unit may be held and
owned by more than one person as joint tenants or as tenants
~n common, or in any real property tenancy relationship recog-
nized under the laws of the State of Colorado.
9. Non-Partitionability of General Common Elements. The
general common elements shall be owned in common by all of
th~ owners of the units and shall remain undivided, and no
owner shall bring any action for partition or division of the
general common elements. Nothing contained herein shall be
construed as a limitation of the right of partition of a con-
dominium unit between the owners thereof, but such partition
shall not affect any other condominium 'unit.
10. Use of General and Limited Common Elements. Each owner
'shall be entitled to exclusive ownership and possession of
his unit. Each owner may use the general and limited elements
in accordance with the purpose for which they are intended,
without hindering or encroaching upon the lawful rights of
the other owners. ' .
11. .Use and Occupancy. Each unit shall be used and occupied
principally for residential purposes by the owner, by the
owner's family, guests, invitees and tenants, ,subject however
to the provisions contained in paragraph 26 of this Declaration.
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Declarants and their employees, representatives, agents and con-
tractors may maintain a business and sales office, construction
facilities and yard, model units and other facilities required
during the construction and sales period.
12. Easements for Encroachments. If any portion of the general
common elements encroaches upon a unit or units, a valid ease-
ment for the encroachment and for the maintenance of same, so
long as, it stands, shall and does exist. If any portion of a
unit encroaches upon the general common elements, or upon an .
adjoining unit or units, a valid easement for the encroachment
and for the maintenance of same, so long as it stands, shall
and does exist. Such encroachments and easements shall not
be considered or determined to be encumbrances either on the
.general common elements or the units.
13. Termination of Mechanic's Lien Rights and Indemnification.
Subsequent ,to the completion of the improvements described on
the Map, no labor performed or materials furnished and incor-
porated in a unit with the consent or at the request of the
unit owner or his agent or his ,contractor or subcontractor
shall be the basis for filing of a lien against the unit of
. any other unit owner not expressly consenting to or requesting
the same, or against the general common elements. Each owner
shall indemnify and hold harmless each of ,the other.owners
from and against all lia1:>ility arising from the claim of any
lien against the unit of any other owner or against the general
common elements for construction performed or for labor,
materials, services or other products incorporated in the owner's
unit at such owner's request. The provisions herein contained
are subject to the rights of the Managing Agent or Board of
Managers of the Association as is set forth in, paragraph 16.,
14. Administration and Management; Managing Agent. The
administration and management of this, condominium property
shall be governed by the By-Laws of Gavilon Condominium
Association. .' An owner of a condominium unit, upon becoming
an owner, shall be a member of the Jl.ssociation and shall
remain a member for the period of his ownership. The Associa-
tion shall be initially governed by a Board of Managers as is
provided in the By-Laws of the Association. The Association
may delegate by written agreement any of its duties, powers'
and functions to any person or firm to act as Managing Agent
at an agreed compensation.. The Managing Agent for the operation
and management of this condominium is House Care, Inc., c/o .
Mason & Morse Realty Co., P. O. .Box Q, Aspen, Colorado, B1611,
who shall perform the operational, and management duties and
functions for a period of one year from the date of the first
conveyance of a condominium unit. A portion of the general'
comroon elements, including improvements thereon, may be used
by either the Association or both the Association and Managing
Agent as and for offices in connection with administration
and management. During the period of development of the build-
ing and conveyancing of units, and until every unit is sold
or usefully occupied 1:>y a lessee, or until January 1, 1974~
whichever occurs sooner, the designation and election of the
Board of Managers of the Association may be exercised by
Declarants at Declarants' option. .
15. Certificate of Identity. There shall be recorded from
'time to time a certificate of identity and the addresses'of
the persons then comprising the management body (Managers and
Officers) together with the identity and address of the
Managing Agent. Such certificate shall be conclusive evidence
thereof in favor of any person relying thereon in ,good faith,
regardless of time elapsed since date thereof., The first such
certificate shall be recorded'on or before March 1,1973.
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16. Reservation for Access - Maintenance, Repair and
Emergencies. The owners shall have the irrevocable right to
be exercised by the Managing Agent or Board of Managers of
the Association, to have access to each unit from time to time
during reasonable hours as may be necessary for the maintenance,
repair or replacement of any of the general common elements .
therein or, accessible therefrom, or for making emergency
repairs therein necessary to prevent damage to the general
common elements or to another unit or units. Damage to the
interior or any part ofa unit or units resulting from the '
maintenance, repair, emergency repair or replacement of any
of the general common elements or as a result of emergency
repairs within another unit at the instance of the Association
~hall be a common expense of all of the owners; provided, how-
ever, that if such damage is the result of the misuse or negli-
gence of a unit owner, then such unit owner shall be respon-
sible and liable for all of such damage. All damaged improve-
ments shall be restored to substantially the same condition of
such improvements prior to damage.
All maintenance, repairs and replacements as to the general
common elements, whether located inside or outside of units
(unless necessitated by the negligence or misuse of a unit
owner, in which case such expense shall be charged to such
unit owner), shall be the common expense of all of the owners.
The Association shall have the right to grant easements for
utility purposes over, upon, under or through any portion of
the common elements, and is hereby irrevocably appointed as
attorney in fact for each owner for such purposes.
17. Owners' Maintenance Responsibility of Unit and Balcony.
For purposes of maintenance, repair, alteration and remodeling,
an owner shall be deemed to own the interior non-supporting
walls, the materials (such as but not limited to plaster,
gypsum dry wall, paneling, wallpaper, paint, wall and floor.
tile, and flooring, but not including the sub-flooring) making.
up the finished surfaces of the perimeter walls, ceilings and
floors within the unit. and the unit doors and windows. The
owner shall not be deemed to own lines, pipes, wires, conduits
or systems (which for .brevity are hereafter referred to as
utilities) running through his unit which serve one or more
other units except as a tenant in common with the other owners.
Such utilities shall not be disturbed or relocated by an owner
without written consent and, approval of the Board of Managers.
Such right to repair, alter and remodel shall carry the obli-
gation to replace any finishing or other materials removed
with similar or other types or kinds of materials. An owner
shall maintain and keep in repair the interior of his own unit,
inc'luding the fixtures and personal property therein. All fix-
tures and equipment installed within the unit commencing at a
point where the utilities enter the unit shall be maintained and
kept in repair by the owner thereof. An owner shall do no act
nor any work that will impair ,the structural soundness or
integrity of the building or impair any easement or hereditament.
18. Compliance with Provisions of Declaration, By-Laws of
the Association. Each ,owner shall comply strictly with the
provisions of this Declaration, the Articles of Incorporation
. and By-Laws of the Association, and the decisions, rules and.
resolutions of the Association adopted pursuant thereto as
the same may be lawfully amended from time to time. Failure
to comply with any of the same shall be grounds for an action
to recover sums due and for damages or injunctive'relief or
both, maintainable by the Managing Agent or Board of Managers
in the name of the Association on behalf of the owners or, in
a proper case, by an aggrieved owner.
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19. Revocation or Amendment to Declaration. This Declaration
shall not be revoked unless all of the owners and all of the
holders of any recorded mortgage or deed of trust covering or
affecting any or all of the condominium units unanimously con-
sent and agree to ,such revocation by instrument(s) duly
recorded. This Declaration shall not be amended unless the
owners representing an aggregate ownership interest of 75 per
cent, or more, of the general common elements and all of the
holders of any recorded mortgage or deed of trust covering
or affecting any or all condominium units unanimously consent
and agree to such amendment by instrument(s) duly recorded,
provided, however, that the percentage of the undivided interest
,in the general common elements appurtenant to each unit, as
expressed in this Declaration, shall have a permanent character
and shall'not be altered without the consent of all of the .
unit owners expressed in an amended Declaration duly recorded.
20. Assessment for Common Expenses. All owners shall be obli-
gated to jpay the estimated assessments imposed by the Board
of Managers of the Association to meet the common expenses.
The assessments shall be made pro rata according to each owner's
percentage interest in and to the general common elements,
except for hazard insurance premiums. Assessments for insurance
premiums shall be based upon that proportion of the total
premium(s) that the insurance carried on a condominium unit
bears to total coverage.. The limited common elements shall
be maintained as general common elements, and owners having
exclusive use thereof shall not ,be subject to any special
charges or assessments. Assessments for the estimated common
expenses, including insurance, shall be due monthly in advance
on the first day of each month. The Managing Agent or Board
of Managers shall prepare and deliver or mail to' each owner a
monthly statement for the estimated or actual expenses.
Contribution for monthly assessments shall be prorated if the
ownership of a condominium unit commences on a day other than
the first day of a month.
The assessments made for common expenses shall be based upon
the cash requirements deemed to be such aggregate sum as the
Board of Managers of the Association shall from time to time
determine is to be paid by all of the condominium unit owners,
including Declarant, to provide for the payment of all esti- ,
mated expenses growing out of or connected with the maintenance,
rental and operation of the units and of the general common
elements, which sum shall in,clude, but shall not be limited
to, expenses of management; rental operation; taxes and special
assessments, until separately assessed; premiums for fire
ins~rance with extended coverage and vandalism and malicious
mischief with endorsements attached issued in the amount of
the maximum replacement value of all of the condominium units
(including all fixtures; interior walls and partitions,
decorated and finished surfaces of perimeter walls, floors
and ceilings; doors, windows and other elements or materials
comprising a part of the units), casualty and public liability
and, other insurance premiums; telephone, landscaping and care
of grounds, common lighting and heating, repairs and renova-
tions, trash collections; wages; water charges legal and
accounting' fees; management fees; expenses and 'liabilities
incurred by the Managing Agent or Board of Managers under
or by reason of this Declaration; for any deficit remaining
from. a previo'us period; the creation of a reasonable contin""
.gency or other reserve or surplus funds as well as other
costs and expenses relating to the general common elements.
The omission or failure of the Board of Managers :to fix the'
assessment for any month shall not be deemed a waiver, modi-
fication or a release of the owners from their obligation
to pay.
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21. Insurance. The Managing Agent, or .if there is no
Managing Agent, then the Board of Managers shall obtain and
maintain at all times insurance of the type and kind pro-
vided hereinabove and including coverage for such other
risks, of a similar or dissimilar nature, as are or shall
hereafter customarily be covered with respect to other condo-'
minium buildings, fixtures, equipment and personal property,
similar in construction, design and use issued by responsible
insurance companies authorized to do business in the State of,
Colorado. The insurance shall be carried in blanket policy
form naming the Association the insured, as' attorney-in-fact
(for all of the condominium unit owners), which policy or
policies shall identify the interest of each condominium unit
owner (unit number, building number), and which policy or pol-
icies shall provide a standard, non-contributory mortgagee
clause in favor of each first mortgagee, and that the policy
cannot be cancelled or substantially modified until after
thirty days prior written notice is first given to each owner
and each first mortgagee. .
The Managing Agent, or if there is no Managing Agent, then the
Board of Managers shall also obtain and maintain, to the extent
obtainable, public liability insurance in such limits as may
from time to time, be determined, covering each unit owner, each
member of the Board of Managers, the Managing Agent, and the
resident manager. Such public liability coverage shall also
cover cross liability claims of one insured against another
and shall contain waivers of subrogation.
Each owner may obtain additional insurance at his own expense
for his own benefit provided that all such policies shall con-
tainwaivers of subrogation and provided, 'further, that the
liability of the carriers issuing insurance shall not be affected
or diminished by reason of any such insurance carried by any
unit owner.
Insurance coverage on the furnishings and other items of personal
property belonging to an: owner and casualty and public liability
insurance coverage within each individual unit shall be the
responsibility of the owner thereof.
22. Owners' Personal Obligation for Payment of Assessments.
The amount of the assessment shall be the personal and indivi-
dual debt of the owner thereof. No owner may exempt himself
from liability for the assessment by waiver of the use or
enjoyment of any of the common elements or by abandonment of
his real property interest. ~n the event of default in the
payment of the assessment, the owner shall be obligated to pay
interest at the rate of ten per cent per annum on the amount
of assessment from due date thereof, together with all
expenses, including attorney's fees, incurred together with
such late charges as provided by the By-Laws of the Association.
Suit to recover a money judgment for unpaid common expenses
shall be maintaInable without foreclosing or waiving the lien
securing same.
23. Assessment Lien. All sums assessed but unpaid for the
share of the expenses chargeable to any condominium unit shall
constitute a lien on such unit superior to all other liens and
encumbrances, except only for:
(a) Tax and special assessment liens on the unit in favor.
of any assessing unit, and
(b) All sums unpaid on a first mortgage or first deed of
trust of record, including all unpaid obligatory sums. as may
be provided by such encumbrance.
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To evidence such lien, the Board of Managers or the Managing
Agent shall prepare a written notice of lien assessment setting
forth the amount of such unpaid indebtedness, the name of the
owner of the condominium unit and a description of the condom-
inium unit. Such a notice shall be signed by one of the Board
of Managers or by one of the officers of the Association or by
the Managing Agent and shall be recorded in the office of the'
Clerk and Recorder of the County of Pitkin, Colorado. Such
lien for the common expenses shall attach from the date of
the failure of payment of the assessment.' Such lien may be
enforced by the foreclosure of the defaulting owner's condomin-
.ium unit by the Association in like manner as a mortgage on
real property subsequent to the recording of a. notice or claim
.thereof. In any such proceedings the owner shall be required
to pay the costs, expenses and attorney's fees incurred for
filing the lien,' and in the event of foreclosure proceedings,
the additional costs, all expenses and reasonable attorney's
fees incurred but not less than the amount recommended by the
Denver Bar Association according to the then current published
and recommended fee schedule for foreclosure proceedings (for
foreclosure proceedings through Court). The owner of the con-
dominium unit being foreclosed shall be xequired to pay to the
Association the monthly assessment for the condominium unit
during the period of foreclosure, and the Association shall be
entitled to a receiver to collect the same. The Association
shall have the power to bid in the condominium unit atforeclo-
sure or other legal sale and to acquire and hold, lease, mort-
gage, vote the votes appurtenant to, covey or otherwise deal
with the same.
Any encumbrancer holding a lien on a condominium unit may pay,
but shall not be required to pay, any unpaid assessments
remaining unpaid for longer than twenty-five days after the
same are due; provided, however, that a mortgagee shall have
furnished to the Managing Agent or to the Board of Managers
notice of such encumbrance.
24. Liability for Common Expense upon Transfer of Condominium
Unit is Joint. Upon payment of a reasonable fee not to
,exceed Fifteen Dollars and upon the written request of any,
owner or any mortgagee or prospective mortgagee of a condomin-
ium unit, the Association, by its Managing Agent, or if there
is no Managing Agent, then by the financial officer of the
Association, shall issue a written statement setting forth the
_amount of the unpaid common expenses, if any, with respect to
the subject unit, the amount of the current monthly assessment
and the date that such assessment becomes due, credit for
advanced payments or for prepaid items, inCluding but not
limited to insurance premiums, which statement shall be con-
clusive upon the Association in favor of all persons who rely
thereon in good faith. Unless such request for a statement
of indebtedness shall be complied with within ten days, all
unpaid common expenses which become due prior to the date of
making such request shall be subordinate to the 'lien of the
person requesting such statement. -
The grantee of a condominium unit shall be jointly and sever-
ally liable with the grantor for all unpaid assessments
against the latter for his proportionate share of the common
expenses up to the time of the grantor conveyance, without
prejudice to the grantee's right to recover from the grantor
the amounts paid by the grantee therefor; provided, however,
that upon payment of a reasonable fee not to exceed Fifteen
Dollars, and upon written request, any such prospective
grantee shall be entitled to a statement from the Managing
Agent ,or Board of Managers setting forth the amount of the
unpaid assessments, if any, with respect to the subject unit,
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the amount of the current assessment, the date that such
assessment becomes due, and credits for advanced payments or
for prepaid items, including but not limited to ~nsurance
premiums, which statement shall be conclusive upon the Asso-
ciation. Unless such request for such a statement shall be
complied with within ten days of such request, then, such
requesting.grantee shall not be liable for, nor shall the
unit conveyed be subject to a lien for any unpaid assessments,
against the subject unit. The provisions contained in this
paragraph shall not apply upon the initial transfer of the
condominium units by Declarants.
.25. Mortgaging a Condominium Unit - Priority. Any owner shall
have the right from time to time to mortgage or encumber his
interest by deed of trust, mortgage or other security instru-
ment. A first mortgage shall be one which has first. and para-
mount priority under applicable law. The owner of a condominium
unit may create junior mortgages 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, lien for common expenses, and other
obligations created by this Declaration, the Certificate of
Incorporation and the By-Laws of the Association: (2) That the
mortgagee under any junior mortgage shall release, for the pur-
pose of restoration of any improvements upon the mortgaged
premises, all of his right, title and interest in and to the
proceeds under all insurance policies upon said premises which,
insurance 'policies were effected'and placed upon the mortgaged
premises by the Association. Such release shall be furnished
forthwith by a junior mortgagee upon written request of one or
more of the Board of Managers of the Association.
26. Right of First Refusal by Owners. In the event any owner
of a condominium unit other than the Declarants shall wish to
sell, lease, or rent a condominium unit and shall have received
a bona fide offer therefor from a prospective purchaser, lessee
or tenant, the remaining unit owners shall be given written
notice thereof together with an executed or machine copy of
such offer. Such notice and a copy thereof shall be delivered
to the Board of Managers who shall notify each of the owners
of such notice and offer. A unit owner shall have the right
to purchase, lease or rent the subject condominium unit upon
the same terms and conditions as set forth in the offer: pro-
vided that during the twenty-day period i~~ediately following
the notice, written notice of such election to purchase, lease
or rent is given to the selling, leasing or renting owner and
a matching down-payment or deposit is paid to an escrow agent
or the the Managing Agent or to the Association. Closing shall
take. place within ten days thereafter or on the date provided
in the original offer, whichever is later. The unit owner
first exercising such right shall have a superior right over
any other unit owner. ,
The right of first refusal herein provided shall not apply to
leases, sub-leases or tenancies having a term of less than one
hundred twenty days, but any such lease or tenancy shall not
be renewable nor extended except by compliance with the provi-
sions herei.n. .
In the event any owner other than the Declarants shall attempt
to sell, lease or rent his condominium,unit without affording
to the other owners the right of first refusal herein provided,
such sale, lease or rental shall be wholly null and void and
shall confer no title or interest whatsoever upon the intended
purchase, lessee or tenant who shall be subject to' eviction
and removal, forcibly or otherwise, with or without process of
law.
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Duu~266 p,\cf,673
The subleasing or sUbrenting of said interest shall be subject
to the same limitations as are applicabie to the leasing or
renting thereof. The liability of the owner under and by the
provisions contained in this Declaration shall continue, not-
withstanding the fact that he may have leased or rented said
interest as provided herein.
In no case shall the right of first refusal reserved herein
affect the right of an owner to subject his condominium unit
to a bona fide trust deed, mortgage or other security instrument.
The failure of or refusal by the owners to exercise the right to
.so purchase, lease or rent shall not constitute or be deemed to
be a waiver of such right to purchase, lease or rent when an
owner receives anY,subsequent bona fide offer from a prospective
purchaser, lessee or tenant.
The right of first refusal, as provided herein, 'shall extend '
,and rUn for the period of the lives of Robert R. Fuller, Jr.
and Delores B. Fuller, the incorporators of GavilonCondominium
Association, ,and the survivor of them, plus twenty-one years.
Except as is otherwise provided in paragraph 27, and except
upon a transfer, of title to a Public Trustee or to a first
mortgagee, each and every conveyance by a grantor(s) of a con-
dominium unit shall be, for all purposes, deemed to include
and incorporate in such instrument of conveyance an agreement
that the grantee carry out the provisions of the "right of
first refusal" as provided in this paragraph.
27. Exemption from Right of First Refusal. In the event of,any
default on the part ,Of any owner under any first mortgage which
entitles the ,holder thereof to foreclose same, any sale under
such foreclosure, including delivery of a deed to the first
mortgagee in lieu of such foreclosure, shall be made free and
clear of the provisions of paragraph 26, and the purchaser (or
grantee under such deed in lieu of foreclosure) of such con-
dominium unit shall be thereupon and thereafter subject to the
provisions of this Declaration and the By-Laws of the Association.
If the purchaser following such foreclosure sale (or grantee
under deed given in lieu of such foreclosure) shall be the then
holder of the first mortgage, on its nominee, the said holder
or nominee may thereafter sell and convey the condominium ,unit
free and clear of the provisions of paragraph 26, but its grantee
shall thereupon arid thereafter be subject to all of the provi-
sions hereof.
28. Exemption from Right of First Refusal - Other. The follow-
. ing~transfers are also exempt from the provisions of paragraph
26:
(a) The transfer' by operation of law ofa deceased joint
tenant's interest to the surviving joint tenant(s);
. (b) The transfer of a deceased's interest to a devisee by
will or his heirs at law under intestacy laws;
(c) The transfer of' all or any part of a partner's interest
as a result of withdrawal, death or otherwise, to the remaining
partners carrying on the partnership ,business and/or. to a person
or persons becoming partners. A transfer of all or part of a
partner's or, partners' interests between one or more partners
and/or to persons becoming partners; ,
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(d) The tran~~ of all or any part of a, owner's interest
to a corporation; provided, however, that at least fifty per
cent (50%) of the stock of such corporation is thereafter owned
and retained by that owner. A transfer of stock by one or more
shareholders of a corporation owning a condominium unit; pro-
vided, however, that at least fifty per cent (50%) of the stock
is retained by the remaining shareholders of the corporation.
(e) The transfer by gift.
(f) The right of first refusal shall not be applicable to all
initial sales of condominium units by Declarants Robert R. Fuller,
Jr. and Delores B. Fuller.
Such persons, owners, grantees or donees acquiring an interest
shall be subject to all of. the provisions of paragraph 26
except as is provided herein.
'29. Certificate of Compliance - Right of First Refusal. Upon
written request of any prospective transferor, purchaser, tenant
or an existing or prospective mortgagee of any condominium unit,
the Managing Agent or Board of Managers of the Association shall
forthwith, or where time is specified, at the end of the time,
issue a written and acknowledged certificate in recordable form,
evidencing that:
(a) With respect to a proposed lease Or sale under paragraph
26, that proper notice was given by the selling or, leasing owner
and that the remaining owners did not elect to exercise their
option to purchase or lease;
(b) With respect to a deed to a first mortgagee or its
nominee in lieu of foreclosure, a deed from such ,first mortgagee
or its nominee, pursuant to paragraph 27, that the deeds were.
in fact given in lieu of foreclosure and were not subject to
the provisions of paragraph 26;
(c) With respect to any contemplated transfer which is not,
in fact, a sale or lease, that the transfer will not ~e subject
to the provisions of paragraph 26;
and such. a certificate shall be conclusive evidence of the
facts contained therein.
30. ASSOCiation as Attorney-in-Fact. This Declaration does
hereby make mandatory the irrevocable appointment of an attorney-
in-fact to deal with the property upon its destruction, repair
or obsolescence.
Title to any condominium unit is declared and expressly made.
subject to 'the terms and conditions hereof, and acceptance by
. any grantee of a deed or other instrument of conveyance from
the Declarant or from any owner or grantor shall constitute
appointment of the attorney-in-fact herein provided. All of
the owners irrevocably constitute and appoint Gavilon Condominium
Association, a Colorado corporation, not for profit, their
true and lawful attorney in their name, place and stead for the
purpose of dealing with the property upon its destruction or
.obsolescence and as is hereinafter provided. As attorney-in-
fact, the Association, by its President and Secretary or
Assistant Secretary, shall have full and complete authorization,
right and power to make, execute and deliver any contract, deed
or any other instrument with respect to the interest ofa con-
dominium unit owner which are necessary and appropriate to
exercise the powers herein granted. Repair and reconstruction
of the improvement(s) as used in the succeeding subparagraphs
means restoring the improvement{s) to substantially the same
condition in which 'it existed prior to the damage, with each
unit and the general and limited common elements having sub- .
stantiallythe same vertical and horizontal boundaries as
before. The proceeds of any insurance collected shall be
available to the Kssociation for the purpose of repair, restor-
ation, or replacements unless the owners and all first mortgagees
agree not to rebuild in accordance with the provisions set
forth hereinafter.
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(a) In the event of damage or destruction due to fire or
other disaster, the insurance proceeds, if sufficient to recon-
,struct the improvement(s), shall be applied by the Association,
as attorney-in-fact, to such reconstruction, and the improve-
'ment(s) shall be promptly repaired and reconstructed. The
Association shall have full authority, right and power, as
attorney-in-fact, to cause the repair and restoration of the
improvement(s). ,
(b) If the insurance proceeds are insufficient to repair
and reconstruct the improvement(s), and if such damage is not
more than fifty per cent of all of the condominium units (the
.condominium project), not including land, such damage or des-.
truction shall be promptly repaired and reconstructed by the
Association, as attorney-in-fact, using the proceeds of insur-
ance and the proceeds of an assessment to be made against all
of the owners and their condominium units. Such deficiency
assessment shall be a common, expense and made pro rata accord-
ing to each owner's percentage interest in the general common
elements and shall be due and. payable within thirty days after.
written notice thereof. The Association shall have full
authority, right and power, as attorney-in-fact, to cause the
repair or restoration of the improvements using all of the .
insurance proceeds for such purposenotwith~tanding the failure
of an owner to pay the assessment. The assessment'provided for
herein shall be a debt of each owner ,and a lien on his condom- .
inium unit and may be,enforced and collected as is provided in
paragraph 23. In addition thereto, the Association, as attorney-
in-fact, shall have the absolute right and power to sell the .
condominium unit of any owner refusing or failing to pay such
deficiency'assessment within the time provided, and if not so .
paid, the Association shall cause to be recorded a notice that
the condominium unit of. the delinquent owner shall be sold by
the Association, as attorney-in-fact, pursuant to the provi-
sions of this paragraph. The delinquent owner shall be
required to pay to the Association the costs and expenses for
filing the notices, interest on the amount of the assessment
and all reasonable attorney's fees. The proceeds derived from
the sale of such condominium unit shall be used and disbursed
by the Association, as attorney-in-fact, in following order:
(1) For payment of taxes and special assessments .
liens in favor of any assessing entity and customary expense
of sale;
(2) For payment of,the balance of the "lien of any
first mortgage;
~ (3) For payment of unpaid common expenses and all
costs, expenses and fees incurred by the Association; ,
(4) For payment of junior liens and encumbrances in
the order of and to the extent of their priority; and
(5) The balance remaining, if any, shall be paid to
the condominium unit owner.
(c) If more than fifty per cent of all of the condominium
units (the condominium project), not including land, are
destroyed or damaged, and if the owner representing an.aggre-
gate ownership interest of fifty-one per cent, or more, of
the general common elements, do not voluntarily, within one
hundred days thereafter, make provisions for reconstruction,'
which plan must have the unanimous approval or consent of ,
every first mortgagee, the Association shall forthwith record
a notice setting forth such fact or facts, and upon the
recording of such notice by the Association's President and
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iiUGnZ66 PACLEi76 .
Secretary or Assistant Secretary, the entire remaining premises
shall be sold by the Association, pursuant to the provisions of
this paragraph, as attorney-in-fact for all of the owners, free
and clear of the provisions contained in this Declaration, the
Map and the By-Laws. The insurance settlement proceeds shall
be collected by the Association, and such proceeds shall be
divided by,the Association according to each owner's percentage
interest in the general common elements, and such divided,pro-
,ceeds shall be paid into separate accounts, each such account
representing one of the condominium units. Each such account
shall be in the name of the Association, and shall be fUrther
identified by the condominium unit designation and the name of
.the owner. From each separate account the Association, as
attorney-in-fact, shall forthwith use and disburse the total
amount (of each) of such accounts, without contribution from
one account to another, toward the partial or full payment of
the lien of any first ,mortgage against the condoinini11Ill unit
represented by such separate account. Thereafter, each such.
account shall be supplemented by th~ apportioned amount of the
proceeds derived from the sale of the entire property. Such
apportionment shall be based upon each condominium unit owner's
percentage interest in the general common elements. The total
funds of each account shall be used and disbursed" without con-
tribution from one account to another, by the Association, as
attorney-in-fact, for the same purposes and in the same order
as is provided in subparagraph (b) (1) through (5) of this
paragraph.
If the owners representing an aggregate ownership interest of
fifty-one per cent, or more, of the general common elements
adopt a plan for reconstruction, which plan has the unanimous
approval of all first mortgagees, then all of the owners shall
be bound by the terms and other provisions of such plan. Any
assessment made in connection with such plan shall be a common
expense and made pro rata according to each owner's percentage
interest in the general common elements and shall be due and
payable as provided by the terms of such plan, but not sooner
'than thirty days after written notice thereof. The Association
shall have full authority, right and power, as attorney-in-fact,
to cause the repair or restoration of improvements using all of
the insurance proceeds for such purpose notwithstanding the .
failure of an owner to pay the assessment. The assessment pro-
vided for herein shall be a debt of each owner and a lien on'
his condominium unit and may be enforced and collected as is
provided in paragraph 23. ,In addition thereto, the Association,
as attorney-in-fact, shall have the absolute right and power to
sell the, condominium unit of any owner refusing or failing to
pay such assessment.within the,time provided, and if not so
paid, the Association sha;Llcause to be recorded a notice that
the condominium unit of the delinquent owner Shall be sold by
the Association. The delinquent owner shall be required to'
pay to the Association thB' costs and expenses for filing the
notices, interest at the 'rate of 6 per cent ,per annum on the
amount of 'the assessment and all reasonable attorney's fees.
The proceeds derived from the sale of such.condominium unit
shall be used and disbursed by the Association, as attorney-in-
fact, for the same purposes and in the same order as is pro-
vided in paragraph (b)' (l)'through (5) of this paragraph.
(d) The bwners representing an aggregate ownership interest
of 80 per cent, ot more, of, the general common elements may .
agree that the general common elements are obsolete and adopt
a plan for the renewal and reconstruction, which plan has the
unanimous approval of all first mortgagees of record at the ,
time of the adoption of such plan. If a plan for the renewal
or reconstruction is adopted, notice of such plan shall be
recorded', and the expense of renewal and reconstruction shall
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ilUUI\Z66 PACf.O??
be payable by all of the owners as common expenses; provided,
however, that an owner not a party to such a plan for renewal
or reconstruction may give written notice to the Association
within fifteen days after the date of adoption of such plan
that such unit shall be purchased by the Association for the
fair market value thereof. The Association shall then have
thirty days (thereafter) within which to cancel such plan.
If such plan is not cancelled, the condominium unit of the
'requesting owner shall be purchased according to the following
. procedures. If such mmer and the Association can agree on the
fair market value thereof, then such sale shall be consummated
within thirty days thereafter. If the parties are unable to
agree, the date when either party notifies the other'that he or
.it is unable to agree with the other shall be the "commencing
date" from which all periods of time mentioned herein shall be
measured. Within ten days following the commencing date, each
party shall nominate in writing (and give notice of such nomi-
nation to the other party) an appraiser. If either party fails
to make such a nomination, the appraiser nominated shall,
within five days after default by the other party, appoint
and associate with him another appraiser. If the two designated
or selected appraisers are unable to agree, they shall appoint
another appraiser to be umpire between them, if they can agree
on such person. If they are unable to agree upon such umpire,
each appraiser previously appointed shall nominate two appraisers,
and from the names of the four appraisers so nominated, one
shall be drawn by lot by any judge of any court of record in
Colorado, and the name so drawn shall be such umpire. The nomi- .
nations from whom the umpire is'to be drawn by lot shall be sub-
mitted within ten days of the failure of the two appraisers to
agree, which, in any event, shall not be later than twenty days
following ~he appointment of the second appraiser. The decision
of the appraisers as to the fair market value, or in the case of
their disagreement, then such decision of the umpire, shall be
final and binding. The expenses and fees of such appraisers
shall be borne equally by the Association and the owner. The
sale shall be consummated within fifteen days thereafter, and
the Association, as attorney-in-fact, shall disburse such pro-
ceeds for the same purposes and in the same order as is provided
in subparagraph (b) (I) through (5) of this paragraph, except
as modified herein. ..
(e) The owners representing an aggregate ownership of'85
per cent, or more, of the general common elements may agree
that the condominium units are obsolete and that the same
should be sold. In such instance, the Association shall forth-
with record a notice setting forth such factor facts, and
upon the recording of such notice by the Association's President
and Secretary or Assistant Secretary, the entire premises shall
be~sold by the Association, as attorney-in-fact, for all of the
owners, free and clear of, the provisions. contained in this
Declaration, the Map and the By-Laws. The sales proceeds shall
be apportioned between the owners on the basis of each owner's
precentage interest in the general common elements, and such
apportioned proceeds shall be paid into separate accounts, each
such account representing one condominium unit. Each such
account shall be in the name of the Association, and shall be
further identified by the condominium unit designation and the
name of the owner. From each separate account the Association,
as attorney-in-fact, shall use and disburse the total amount
(of each) of such 'accounts, without contribution from one account
to another, for the same purposes and in the same order as is
provided in subparagraphs (b) (1) through (5) of this paragraph.
31. Personal Property for Common Use.. The Association, as,
attorney-in-fact, for all of the owners may acquire and hold
for the use and benefit of all of the condominium unit owners,
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bUun 266 PAGE 678
real, tangible and intangible' personal .property and may dispose
of the same by sale or otherwise. The beneficial interest in
any such property shall be owned by all of the condominium unit
owners in the same proportion as their respective interest.' in
the general co~~on elements, and such interest therein shall not
be transferable except with a transfer of a condominium unit.
A transfer. of a condominium unit shall transfer to the trans-
feree ownership of the transferor's ,beneficial interest in
such property without any reference thereto. Each owner may'
use such property in accordance with the purpose for which it
is intended without hindering or encroaching upon the lawful
rights of the other owners. The transfer of title to a con-
dominium unit under foreclosure shall entitle the purchaser to
'the beneficial interest in such personal property associated
with the foreclosed condominium unit.
32. Registration by Owner of Mailing Address. Each owner shall
register his mailing address with the ASsociation, and except
for monthly statements and other routine notices, all other
notices or demands intended to be served upon an owner shall be
sent by either registered or certified mail, postage prepaid,
addressed in the name of the owner at such registered address.
All notices, demands or other ,notices intended to be served
upon the Board of Managers of the Association or the Association
shall be sent by certified mail, postage prepaid, to House Care,
Inc., c/o Mason & Morse Realty Co., P. O. Box Q, Aspen, Colorado,
81611, until such address is changed by a notice of address
change duly recorded in the office of the Clerk and Record~r,
Pitkin County, Colorado. .
33. Period of Condominium Ownership. The separate condominium
. estates created by this Declaration and the Map shall continue
until this Declaration is revoked in the manner and as is pro-
vided in paragraph 19 of this Declaration or until terminated
in the manner and ,as is provided in subparagraphs (c) or (el
of paragraph 30 of this Declaration.
34. Reservation to.Enlarge and Supplement Condominium Projects.
(a) Declarant expressly reserves the right to enlarge
this condominium project by constructing additional condomin-
ium buildings and other improvements on separate adjoining
real property which (condominium units) are submitted to this
condominium project, and such submission shall be expressed in
and by a duly recorded supplement to this Declaration and by a
supplement to the Map filed ~or record. . Adjoining real pro- '
perty as the term is used herein shall mean a parcel or parcels
having a co~~on boundary with the real property described in
Ex~bit A except that such parcel(s) may be separated from
the property described in Exhibit A by a roadway.
(b) In form and substance, the supplement to this Declara-
tion shall provide for the division of such additional real
property and improvements into condominium units substantially
similar to the form of the division made of the real property
and improvements as shown in Exhibit B of 'this Declaration.
Each unit shall be identified by number, and each building shall
be identified by a symbol or designation dissimilar to any other
building under this Declaration and the Map. The undivided
interest in and to the general common elements appurtenant to
each such unit shall not be a part of the general common ele-.
ments of the condominium units described in and initially .
created by this Declaration and the Map. The undivided inter-
est in the general common elements shall have a permanent
character and shall not be altered without the consent of all
of the condominium unit owners expressed in a duly recorded
Amendment to this Declaration. .
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bUll,.266 f'AG't 679
. (c) Except as is provided in paragraphs ~ and 4 of this
Declaration, all of the provisions contained in this Declara-
tion shall be applicable to such additional condominium units;
provided, however, that all of the owners of condominiun units
in this condominium project shall have a non-exclusive right,
in common with all of the other owners, to the use of sidewalks,
pathways 'and the parking area located or to be located within
the condominium project without making reference thereto in
any deed, instrument of conveyance or other instrument.
(d) Each condominium unit owner shall be entitled to vote
his percentage or fractional interest in and to the general
common elements, and the aggregate of all of the undivided
. interests submitted to and making up the total condominium
project shall be considered 100 per cent for such voting pur-
poses.
35. General Reservations. Declarants reserve the right
to dedicate any access roads and streets serving this condomin-
iumproject for and to public use; to establish easements,
reservations, exceptions and exclusions consistent with the
condominium ownership of the condominium project and for the
best interests of the condominium unit owners and the Associa-
tion.
36. General.
(a) If any of the prov1s~ons of this Declaration or any
paragraph, sentence, clause, phrase or word, or the application
thereof in any circumstance be inval,idated, such invalidity
shall not affect the validity of the 'remainder of this Declara-
tion,and'the application of any such provision, paragraph,
sentence, clause, phrase or word in any other circumstances
shall not be affected thereby.
(b) The provisions of this Declaration shall be in addition
and supplemental to the Condominium Ownership Act of the State
of Colorado and to all other provisions of law.
(c) That whenever used herein, unless the context shall
otherwise provide, the singular number shall include the plural,
the plural the singular, and the use of any gender shall ~nclude
all genders.
IN WITNESS WHEREOF, Decla;ants have executed this .
Declaration this fa . dar of U~<-?....J . " 1972.
Q~J-Q.~~()_. ... f1tJ:rjt.~/P,".<
Robert R. Fu ler, Jr:'J - elores B. Fuller .
STATE OF COLORADO
COUNTY OF e I.; /L.;
}
) ss.
}
The foregoing instrument termed Condominium Declaration
'for Gaviwn (A Condominium) was acknowledged before me this / J
day Oft.'':iJ,.,r . ' 1972, by RobertR',Fuller, Jr. and".
Delores B. uller. ., ";':";"""
My Commission expires ,91 4:;;:t~".:.:..;> ; "I ,'] :s,."...;.~;~~;'~~;;;/
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bUlJI\2661'AGE6BO
EXHIBIT A
TO
CONDOMINIUM DECLARATION
FOR
GAVILON
(A Condominium)
A parcel of land situate in the County of Pitkin,
State of Colorado, described as follows:
Lots G, Hand I, Block 32, EAST ASPEN ADDITIONAL
, TOVlNSITE, according to the Plat recorded in
Ditch Book 2A at Page 252.
..
...~" . .
..-..
EXHIBIT B
TO
CONDOMINIUM DECLARATION
FOR
.
First Floor Garden Level
Appurtenant Undivided,
.Interest (Percentage)
.075
.075
.075
.075
Second Level
Appurtenant Undivided
Interest (Percentage)
.078
.078
.078
.078
Third Level
Appurtenant Undivided
Interest (Percentage)
.097
.097
.097
.097
~, .'
GAVILON
(A Condomini1.Ull)
!--
OiJur.Z66 PAGE081
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