2019-05-22 CC Packet - Laserfiche WebLink

Home Browse Search

Any retaining wall which is located partially within the boundaries of a Unit and partially on the Property may be maintained or replaced by the Association, in the Association's sole discretion, and the Association shall have an easement over and across the Unit boundary to perform all such work. C. Docks. Subject to local, state and federal laws, ordinances and regulations, the Association shall place two (2) docks located on Outlot B, which shall be considered a Limited Common Element, owned and maintained by the Association, and allocated for the exclusive use and enjoyment of the Owners and guests of Lots 1 — 9, Block 2, Bay View Villas, Anoka County, Minnesota (the "Upland Units"). The Board shall have exclusive authority to control usage of these docks through Rules and Regulations, including the right to establish and collect usage fees. Cost of maintenance, including replacement reserves, to the extent not covered by usage fees, shall be incorporated in the common expense Assessments in accordance with Section 6, herein. d. Slips. Subject to local, state and federal laws, ordinances and regulations, each Dock shall include two (2) slips for watercraft, which shall be considered a Limited Common Element, owned and maintained by the Association, and allocated for the exclusive use of the Owners and guests of the Upland Units. The Association shall have the authority, but not the obligation, to assign the exclusive right to use one or more specific slips to an Owner of an Upland Unit through the granting of licenses, subject to terms and conditions, including fees, to be determined by the Board. An Owner of an Upland Unit may not transfer the license for a slip, except back to the Association, and the Board may then allocate the license for such slip to another Owner of an Upland Unit. The Association shall be responsible for documenting the license transfer, and the Owner of the Upland Unit receiving or returning the slip license shall be responsible for any costs associated therewith. In no event shall a license be issued to, transferred to, or held by a person or entity that is not an Owner of an Upland Unit. The Association shall maintain records of all licenses issued. The Association shall have the right to keep one or more, including all, of the slips for general use by the Upland Units, including the right to issue permits for daily use, subject to terms and conditions, including fees, to be determined by the Board. The Board shall have the right to allocate costs associated with maintenance of the slips that are not covered by fees, in accordance with Section 6, herein. The Board shall have exclusive authority to control usage of these slips through Rules and Regulations, including the right to establish and collect usage fees. Cost of maintenance, including replacement reserves, to the extent not covered by usage fees, would be incorporated in the common expense Assessments, and may be assessed exclusively against the Unit to which a license has been granted. 8 Version for Council 05/22/2019