RecDec_2Document Number: A796254Filed and/or Recorded onJan 29), 2026 L2:2I Pl4Offic,e of the Courty Recorder/Registrar of TitlesCaruer County, MinnesotaKaaren L,erruis, County RecorderDeputy RRDocument RecordinE Fees$ 46.00Docunne,ntt Total$ 46.00Requesting Party: LAI'ID m-LE INCPages: 33This cover page has been added to this dcx:ument by (,aruer Courrty Land Recordsand is now an official part of lthis recorded document
T(Above Space Reserved for Recording Data)DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONSAND EASEMENTS OFPioneer Ridge VillasThis Declaration of Covenants, Conditions, Restrictions and Easements of Pioneer RidgeVillas (the "Declaration") is made as of the 22nd day of Decemb er,2025, by Pioneer Ridge LLC,a Minnesota limited liability company ("Declarant"). The Declarant is the owner of the Property(as defined below), and intends by this Declaration to impose thereon mutually beneficialrestrictions under a general plan of development for the benefit of all owners or residences within theProperty (the "Developer"), for the pu{pose of establishing Pioneer Ridge Villas, as a single-family residential housing neighborhood.WHEREAS, The Declarant is the owner of the Property (as defined below), and intends bythis Declaration to impose thereon mutually beneficial restrictions under a general plan ofdevelopment for the benefit of all owners or residences within the Property.WHEREAS, Developer desires to establish on the Property, and any additional propertyadded thereto, a plan for a permanent, single-family residential community to be owned, occupiedand operated for the use, health, safety and welfare of its resident Owners and Occupants (asdefined below), and for the purpose of preserving the quality and character of the Property; andWHEREAS, the Property is not subject to the Minnesota Common Interest Ownership Act,Minnesota Statutes Chapter 5l5B ("MCIOA"), by reason of the exemption contained inSection 5 158. 1-102(e)(2) of MCIOA.NOW, THEREFORE, Developer makes this Declaration and submits the Property to thisDeclaration as a residential community under the name "Pioneer Ridge Villas," consisting of theUnits referred to in Section2, declaing that this Declaration shall constitute covenants to run withthe Property, and that the Property, and any additional property added thereto, shall be owned,used, occupied and conveyed subject to the covenants, conditions, restrictions, easements, chargesand liens set forth herein, all of which shall run with the land and be binding upon all Personsowning or acquiring any right, title or interest therein, and their heirs, personal representatives,successors and assigns.I
SECTION 1DEFINITIONSThe following words when used in the Governing Documents shall have the followingmeanings (unless the context indicates otherwise):1.1 "Act" means the Minnesota Nonprofit Corporation Act, Minnesota StafutesChapter 3I7A, as amended.I.2 "Assessments" means all assessment levied by the Association pursuant to Section6, including annual Assessments, special Assessments and limited Assessments.1.3 "Association" means Pioneer Ridge Villas Homeowners Association, a Minnesotanonprofit corporation created pursuant to the Act, whose members consist of all Owners.I.4 "Board" means the Board of Directors of the Association as provided for in theBylaws.1.5 "Builder" means a Person who acquires a Unit from the Developer or anotherPerson for the construction and sale of a Dwelling located or to be located thereon, if any.1.6 "Bylaws" means the Bylaws governing the operation of the Association, asamended from time to time.t.7 "City" means the City of Chanhassen, Minnesota.1.8 Intentionallyomitted.I.9 "Common Expenses" means all expenditures made or liabilities incurred by or onbehalf of the Association and incident to its operation, and items otherwise identified as CommonExpenses in the Declaration or Bylaws. Common Expenses shall include the Association's shareofmaintenance, repair and replacement obligations as may be specified in an easement agreementwith an adjoining common interest community (Pioneer Ridge Townhomes)/homeownersassociation (Pioneer Ridge Townhomes Homeowners Association) related to the Private Drive.1.10 "Developer Control Period" means the time period during which Developer has theexclusive right to control the operations of the Association and to appoint the members of theBoard, as provided in Section 15.6.1.11 "Developer Rights" means those exclusive rights reserved to Developer, itssuccessors and assigns, as described in Section 15.1l2 "Dwelling" means a building consisting of one or more floors, designed andintended for occupancy as a detached, single family residence, and located within the boundariesof a Unit. The Dwelling includes any garage attached thereto or otherwise included within theboundaries of the Unit in which the Dwelling is located.2
1.13 "Goveming Documents" means this Declaration, and the Articles of Incorporationand Bylaws of the Association, as amended from time to time, all of which shall govern the useand operation of the Property.l.l4 "Improvement" means any physical improvement of any kind to any part of theProperty, temporary or permanent, structural, aesthetic or otherwise including, but not limited to,any Dwelling, structure, enclosure, building, addition, retaining wall or other wall, fence, sign,enclosure, deck, patio, screening, sport court, basketball hoop, fire pit, exterior lighting, gazebo,utilities system, antenna or other type of sending or receiving apparatus or communications system,irrigation or drainage system, pond, roadway, trail, planting, landscaping, or any other type ofstructure or physical improvement or any alteration, modification or change involving any suchphysical improvement.1.15 "MCIOAU means the Minnesota Common Interest Ownership Act, MinnesotaStatutes Chapter 5158, as amended.1.16 "Member" means all persons who are members of the Association by virtue ofbeing Owners. Thewords "Owner" and "Member" maybeused interchangeablyinthe GoverningDocuments.l.l7 "Occupant" means any person or persons, other than an Owner, in possession of aUnit or residing in a Dwelling within a Unit.1.18 "Owner" means a Person who owns a Unit, but excluding contract for deed vendors,mortgagees and other parties holding a security interest in a Unit, and Persons holding a remainderinterest in alife estate. The term "Owner" includes, without limitation, contract for deed vendeesand holders of life estates.l.I9 "Person" means a natural individual, corporation, limited liability company,partnership, limited liability partnership, trust, or other legal entity capable of holding title to realproperty.1.20 "Plat" means the recorded plat or part thereof depicting the Property pursuant to therequiranents of Minnesota Statutes Chapter 505, 508 or 5084, as applicable, including anyamended Plat or replat recorded from time to time.t.zl "Private Drive" means the private street or drive located adjacent to the Units,which provides access to one or more Units, if any. The Private Drive is subject to an easernentagreement with an adjoining common interest community (Pioneer RidgeTownhomes)ftromeowners association (Pioneer Ridge Townhomes Homeowners Association) andthe costs of maintenance, repair and replacement of the Private Drive and lot upon which suchPrivate Drive is located shall be shared as specified in such easement agreement with an adjoiningcofilmon interest community (Pioneer Ridge Townhomes)/tromeowners association (PioneerRidge Townhomes Homeowners Association).1.22 "Property" means the property described as Lots I through 14, Block 1, PioneerRidge, according to the recorded plat thereof on file and of record in the office of the CarverCounty Recorder.-J
I.23 "Rules" means the Rules ofthe Association as approved from time to time pursuantto Section 5.7.1.24 "lJnit" means any platted lot subject to this Declaration upon which a Dwelling islocated or intended to be located, as described in Section 2.I and shown on the Plat, including allimprovements thereon, but excluding Common Elements.References to section numbers shall refer to sections of this Declaration, unless otherwiseindicated. References to the singul ar may refer to the plural, and conversely, depending on context.SECTION2DESCRIPTION OF TINITS2.I Units. There are fourteen (14) Units, subject to the right of the Developer to addother property thereto as described in Section3.2. All Units are restricted to residential use andthose incidental uses permitted herein. Each Unit constitutes a separate parcel of real estate. TheUnits are identified by lot and block numbers and subdivision name, as shown on the Plat, whichis incorporated hereinby reference. Each Unit constitutes a separate parcel of real estate. The Unitsare legally described in Eght t_!_{attached hereto.2.2 Unit Boundaries. The front, rear and sideboundaries of each Unit are theboundarylines of the platted lot upon which the Dwelling is located or intended to be located. The Unitshave no upper or lower boundaries. All spaces, walls, and other Improvements within theboundaries of a Unit are apart of the Unit.2.3 Appurtenant Easements. The Units shall be subject to and benefited by theeasements described in Section 12.SECTION 3COMMON ELEMENTS AND OTHER PROPERTY3.1 Common Elements. "Common Elements" mean all portions of the Property otherthan the Units, including all improvements thereon, owned by the Association for the cofilmonbenefit of the Owners and Occupants. The Common Elements are legally described on the attachedExhibit B and depicted on the Plat.The Common Elements and their characteristics shall be as follows:3.1.1 All parts of the Property except the Units constitute Common Elements, ifany. The Common Elements are owned andlor maintained by the Association for thebenefit of all of the Owners and Occupants or may be mere use rights through an easementagreement.3.I.2 Any Common Elements are subject to (i) easements as described in thisDeclaration, reflected on the Plat or in other instruments recorded against the CommonElements, and (ii) the right of the Association to establish reasonable Rules governing theuse of the Property.4
3.1.3 Except as otherwise expressly provided in the Governing Documents, allmaintenance, repair, replacement, management and operation of any Common Elements,if any, shall be the responsibility of the Association.3.1.4 Common Expenses for themaintenance, repair, replacement, managementand operation of the Common Elements shall be assessed and collected from the Ownersin accordance with Section 6.3.2 Annexation of Other Property. Other real property may be annexed to the Propertyand subjected to this Declaration subject to the following requirements: (i) the parcel shall beowned by the Developer; (ii) the annexation shall be approved by the Board; and (iii) anamendment to this Declaration describing the annexation and the parcel being annexed, subjectingsaid parcel to this Declaration, and reallocating Common Expense obligations, voting rights andmernberships, shall be executed by the Developer and the Association and recorded. Any propertyso annexed may be designated as Common Elements or Units.3.3 Dedication and Deannexation of Property. Portions of the Property may bedeannexed and withdrawn from this Declaration subject to the following requirements: (i) theProperty shall be owned by the Developer; (ii) the deannexation shall be approved by the Board;(iii)an amendment to this Declaration describing the deannexation and the parcel being deannexedshall be executed by the Developer and Association, consented to by any mortgagee of thedeannexed parcel and recorded; and (iv) an easement shall be executed by any applicable Ownerand the Association and recorded granting and establishing a permanent access, ingress and egresseasement for the benefit of the deannexed parcel over and across the Private Drive, if any. Theportion of the Property which is deannexed shall be automatically released from and no longersubject to this Declaration, and any rights or obligations accruing thereto shall terminate, effectiveupon the recording of such instrument; provided that such instrument shall reference thisDeclaration and the authority contained in this Section.3.4 Interest Subject to Plan of Development. Every Owner and any secured party orother Person holding or acquiring an interest in a Unit, shall take title or hold such interest subjectto the Developer's rights pursuant to this Declaration. Notwithstanding anything to the contraryin this Declaration, the Developer's rights or obligations under the Governing Documents may notbe changed in whole or in part without the prior written consent of the Developer, which consentmay be granted or denied in the Developer's sole and absolute discretion.SECTION 4ASSOCIATION MEMBERSHIP : RIGHTS AND OBLIGATIONSMembership in the Association, and the allocation to each Unit of a portion of the votes inthe Association and a portion of the Common Expenses of the Association, shall be governed bythe following provisions:4.I Membership. Each Owner is a member of the Association by reason of Unitownership, and the membership is automatically transfened with the conveyance of the Owner'stitle to the Unit. An Owner's membership terminates when the Owner's Unit ownershipterminates. When more than one Person is an Owner of a Unit, all such Persons are members of5
the Association, but multiple ownership of a Unit does not increase the voting rights allocated tothe Unit nor authorizethe division of the voting rights.4.2 Voting and Common Expenses. Notwithstanding any provision to the contrary,each Unit is assigned one vote, except that each Unit owned by a Declarant, or its affiliate, isassigned two votes. Subject to the qualifications set forth in Section 6.4, Common Expenseobligations, annual Assessments and special Assessments shall be allocated equally among theUnits. Said rights and obligations are reallocated on the same basis as and if other Units are addedto the Property.4.3 Appurtenant Rights and Obligations. The ownership of a Unit includes the votingrights and Common Expense obligations described in Section 4.2. Saidrights and obligations, andthe title to the Units, cannot be separated or conveyed separately, and any conveyance,encumbrance, judicial sale or other transfer of any allocated interest in a Unit, separate from thetitle to the Unit shall be void.4.4 Authority to Vote. The Owner, or some natural person designated to act as proxyon behalf of the Owner, and who need not be an Owner, may cast the vote(s) allocated to suchUnit at meetings of the Association. However, if there are multiple Owners of a Unit, only theOwner or other Person designated pursuant to the provisions of the Bylaws may cast such vote(s).SECTION 5ADMINISTRATIONThe administration and operation of the Association and the Property, including but notlimited to the acts required of the Association, shall be governed by the following provisions:5.1 General. The operation and administration of the Association and the Property aregoverned by the Governing Documents and the Rules. Subject to Section 5.2 and the rights oftheOwners set forth in the Goveming Documents, the Association is responsible for the operation,management and control of the Property and shall have all powers described in the GoverningDocuments and the Act. All power and authority exercisable by the Association shall be vested inthe Board, unless action or approval by the individual Owners is specifically required by theGoverning Documents or the Act. All references to the Association shall mean the Associationacting through the Board, unless specifically stated to the contrary.5.2 DelegationofPowerstoMasterAssociation. [Intentionallyomitted.]5.3 Operational Purposes. Subject to Section 5.2,the Association shall operate andmanage the Property for the purposes of (i) administering and enforcing the Governing Documentsand the Rules; (ii) maintaining, repairing and replacing those parts of the Property and otherimprovements (if any) for which the Association is responsible pursuant to Section 9; and(iii) preserving the quality and architectural character ofthe Property.5.4 Binding Effect of Actions. All agreements and determinations made by theAssociation in accordance with the Governing Documents and the Act shall be binding upon allOwners and Occupants, and their lessees, guests, heirs, personal representatives, successors andassigns, and all secured parties.6
5.5 Bylaws. The Association shall have Bylaws. The Bylaws govern the operation andadministration of the Association, and are binding on all Owners, Occupants and other Personsowning or acquiring any interest in the Property.5.6 Management. The Board has authority to select amanager ormanaging agent andto delegate the management duties imposed upon the Association's officers and directors by theGoverning Documents and the Act. However, such delegation does not relieve the officers anddirectors of the ultimate responsibility for the performance of their duties as prescribed by theGoverning Documents and the Act.5.7 Rules. The Board has authority to approve and implement such reasonable Rulesas deemed necessary from time to time for the purpose of operating and administering the affairsof the Association and regulating the use of the Property. The Rules shall be consistent with theGoverning Documents. The inclusion in other parts of the Governing Documents of authority toapprove Rules is in funherance, and not in limitation, of the authority granted by this Section.N"* or amended Rules are effective only after reasonable notice thereof has been given to theOwners.5.8 Association Assets; Surplus Funds. All funds and real or personal propertyacquired by the Association shall be held and used for the benefit of the Owners for the purposesstaied in the Governing Documents. Surplus funds remaining after payment of or provision forCommon Expenses and reserves shall be credited against future assessments or added to reserves,as determined by the Board.SECTION 6ASSESSMENTS6.1 General. A budget shall be established and Assessments shall be determined andlevied against the Units subject to the requirements and procedures set forth in this Section 6 andthe requirements ofthe Bylaws. Assessments shall include annual Assessments under Section 6.2,and may include special Assessments under Section 6.3 and limited Assessments under Section6.4. Annual and special Assessments shall be allocated among the Units in accordance with theallocation formula set forth in Section 4.2; provided, that the Board may allocate a reduced share ofan annual or special assessment against those Units which are unimproved or unoccupied to reflectreduced services received from the Association. Limited Assessments under Section 6.4 arcallocated to Units as set forth in that Section.6.2 Annual Assessments. Annual Assessments shall be established and levied by theBoard, subject to the limitations set forthhereafter. Each annual Assessment shall cover all of theanticipated Common Expenses ofthe Association which are to be shared by all Units in accordancewith the allocation formula set forth in Section 4.2. Anrnal Assessments shall be payable in equalmonthly, quarterly or annual installments, as directed by the Board. Annual Assessments shallprovide, among other things, for an adequate reserve fund for the replacement of the CommonElernents and any other portion of the Property for which the Association is responsible, except tothe extent that the replacement is funded by limited Assessments pursuant to Section 6.4.Notwithstanding any provision herein to the contrary, Annual Assessments shall provide for anadequate reserve fund for the Association's portion of the replacement of the Private Drive.7
Reserves for the replacement of the Private Drive shall bekept in a separate account and shall notbe used or borrowed to fund the Association's operating expenses, or used or borrowed to fundthe replacement of other components of the Property.6.3 Special Assessments. In addition to annual Assessments, and subject to thelimitations set forth hereafter, the Board may levy in any Assessment year a special Assessmentagainst all Units in accordance with the allocation formula set forth in Section 4.2, and for thepurposes described in this Declaration. Among other things, special Assessments shall be used forthe purpose of defraying in whole or in part the cost of any unforeseen and unbudgeted CommonExpense.6.4 Limited Assessments. In addition to annual Assessments and special Assessments,the Board may, at its discretion, levy and allocate limited Assessments among only certain Unitsin accordance with the following requirements and procedures:6.4.I Any Common Expense or portion thereof benefiting fewer than all of theUnits may be assessed exclusively against the Unit or Units benefited.6.4.2 The costs of insurance shall be assessed equally or by actual cost per Unit,and the costs of utilities may be assessed equally, in proportion to usage or such otherreasonable allocation as may be approved by the Board. Fees for the use of commonamenities (if any) may be assessed equally or in proportion to use.6.4.3 Reasonable attorneys' fees and other costs incurred by the Association inconnection with (i) the collection of Assessments, and (ii) the enforcement of theGoverning Documents and the Rules, against an Owner or Occupant or their guests, maybe assessed against the Owner's Unit.6.4.4 Late charges, fines and interest may be assessed as provided in Section 13.6.4.5 Assessments levied to pay a judgment against the Association may be leviedonly against the Units existing at the time the judgment was entered, in proportion to thoseUnits' Common Expense liabilities.6.4.6 If any damage to the Common Elements or another Unit is caused by theact or omission of any Owner or Occupant, or their guests, the Association may assess thecosts of repairing the damage exclusively against the Owner's Unit to the extent notcovered by insurance.6.4.7 If any Assessment or installment of an Assessment becomes more thanthirty (30) days past due, then the Association may, upon ten (10) days written notice tothe Owner, declare the entire amount of the Assessment immediately due and payable intull.6.4.8 If Common Expense liabilities are reallocated for any purpose, Assessmentsand any installment thereof not yet due shall be recalculated in accordance with thereallocated Common Expense liabilities.8
Assessments levied under Sections 6.4.1 throudh6.4.5may,atthe Board's discretion, be assessedas a part of, or in addition to, other Assessments levied under this Section 6.6.5 Liability of Owners for Assessments/Developer Exemption. Subject toSection 6.5.3, the obligation of an Owner to pay Assessments is as follows:6.5J The Owner at the time an Assessment is payable with respect to thatOwner's Unit is personally liable for the share of the Common Expenses assessed againstsuch Unit. Such liability shall be joint and several where there are multiple Owners oftheUnit.6.5.2 The Owner's liability is absolute and unconditional, unless otherwisemodified by law or this Declaration. Except as provided in Section 6.5.3, no Owner isexempt from liability for payment of Assessments by right of set-off, by waiver of use orenjoyment of any part of the Property, by absence from or abandonment of the Unit, by thewaiver of any other rights, or by reason of any claim against the Developer, the Associationor their respective officers, directors or agents, or for their failure to fuIfilI any duties underthe Governing Documents or the Act.6.5.3 The Developer, and any Unit owned by it or its affiliate, are exempt fromAssessments and Assessment liens until a certiftcate of occupancy (or similar approval)has been issued by the City with respect to a Dwelling located in such Unit. A Builderapproved by the Developer may have a similar exemption from liability for Assessmentsand Assessment liens if granted in writing by the Developer. Notwithstanding theforegoing, the Developer, or its affiliate, and any Unit owned by the Developer, or itsaffiliate, for model home pulposes, are exempt from Assessments and Assessment liensuntil such model home is sold to an end purchaser that purchases the Unit and Dwellinglocated thereon for occupancy purposes.6.6 Assessment Lien. Subject to Section 6.5, the Association has a lien on a Unit forany Assessment levied against that Unit from the time the Assessment becomes due. If anAssessment is payable in installments, the full amount of the Assessment is a lien from the timethe first installment thereof becomes due. Fees, charges, late charges, fines and interest chargesimposed by the Association are liens, and are enforceable as Assessments, under this Section 6.Recording of the Declaration constitutes record notice and perfection of any lien under this Section6, andno further recordation of any notice of or claim for the lien is required. The release of thelien shall not release the Owner from personal liability unless agreed to in writing by theAssociation.6.7 Foreclosure of Lien; Remedies. A lien for Assessments may be foreclosed againsta Unit under the laws of the state of (i) bV action, or (ii) by advertisement in substantially the samemanner as a mortgage containing a power of sale. The Association, or its authorizedrepresentative, shall have the power to bid at the foreclosure sale and to acquire, hold, lease,mortgage and convey any Unit so acquired. The Owner and any other Person claiming an interestin the Unit, by the acceptance or assertion of any interest in the Unit, grants to the Association apower of sale and full authority to accomplish the foreclosure by advertisement. The Association9
shall, in addition to its other remedies, have the right to pursue any other remedy at law or in equityagainst the Owner who fails to pay any Assessment or charge against the Unit.6.8 Lien Priority; Foreclosure. A lien under this Section 6 is prior to all other liens andencumbrances on a Unit except (i) liens and encumbrances recorded before the Declaration;(ii) any first mortgage on the Unit; and (iii) liens for real estate taxes and other governmentalassessments or charges against the Unit. The holder of a first mortgage on a Unit which acquirestitle to the Unit by foreclosure or a deed in lieu of foreclosure shall take title to the Unit free andclear of all Assessment liens encumbering the Unit and Assessments payable in the period prior tothe acquisition of title to the Unit by the mortgage holder. At such time as the first mortgage holdertakes title to the Unit, it shall be obligated to pay Assessments levied against the Unit and payableduring the period when it holds title to the Unit.6.9 Voluntary Conveyances; Statement of Assessments. In a voluntary conveyance ofa Unit, the buyer shall not be personally liable for any unpaid Assessments or other charges madeby the Association against the seller or the seller's Unit prior to the time of conveyance to thebuyer, unless expressly assumed by the buyer. However, the lien of such Assessments shall remainagainst the Unit until released or satisfied. Any seller or buyer shall be entitled to a statement,from the Association setting forth the amount of the unpaid Assessments against the Unit,including all Assessments payable in the Association's current fiscal year, which statement shallbe binding on the Association, the seller and the buyer.SECTION 7RESTRICTIONS ON USE OF PROPERTYA11 Owners and Occupants, and all secured parties, by their acceptance or assertion of aninterest in the Property, or by their occupancy of a Unit, covenant and agree that, in addition toany other restrictions which may be imposed by the Governing Documents, the occupancy, use,operation, alienation and conveyance ofthe Property shall be subject to the following restrictions:7.1 General. The Property shall be owned, conveyed, encumbered, leased, used andoccupied subject to the Goveming Documents and the Rules, all as amended from time to time.All covenants, restrictions, obligations, conditions and easernents set forth in the GoverningDocuments are in furtherance of a plan for the Property, and shall run with the Property and be aburden and benefit to all Owners and Occupants and to any other Person acquiring or owning aninterest in the Property, their heirs, personal representatives, successors and assigns.7.2 Subdivision Prohibited. Except as otherwise provided herein, no Unit nor any partofthe Common Elements owned by the Association may be subdivided or partitioned without theprior approval of the Owners at an Association meeting, any govemmental authorities havingjurisdiction over the Property, and any secured parties holding first mortgages on any Unitsaffected. The dedication or de-annexation of a portion of the Property pursuant to Section 3 shallnot be deemed a subdivision or partition.1.3 Residential Use. Except as provided in Section7.4, the Units shall be used byOwners and Occupants and their guests exclusively as private, single family residential Units. AnOwner may delegate, in accordance with the Governing Documents, the Owner's right ofuse and
enjoyment of the Unit to persons living in the Unit pursuant to a legal right of possession; provided,that such persons shall be subject to the Goveming Documents and the Rules.7.4 Permitted Business Activities. No business, trade, occupation orprofession of anykind, whether carried on for profit or otherwise, shall be conducted, maintained or permitted onany Unit or the Common Elernents except:7.4.1 An Owner or Occupant residing in a Dwelling may maintain an office orhome occupation in such Owner or Occupant's Dwelling; provided, that such use (i) isincidental to the residential use; (ii) does not involve physical alteration of the Dwellingvisible from the exterior; (iii) is in compliance with applicable governmental laws,ordinances and regulations; (iv) does not involve unusual numbers of deliveries, or unusuallevels of pedestrian or vehicular traffic to and from the Unit; and (v) does not involveactivity which disturbs the quiet enjoyment of the Property by other Owners or Occupants.7.4.2 The Association may maintain offices and other facilities on the Property,including the Common Elements, for management, operations and related purposes.7.4.3 The Developer or a Builder authorized by the Developer, may maintainoffices, sales facilities, model homes and other related facilities on the Property inconnection with the exercise of their rights under the Governing Documents.7.5 Leasing. Leasing of Units and Dwellings is allowed, subject to reasonableregulation by the Association, and subject to the following conditions: (i) that no Unit or Dwellingshall be leased for transient or hotel purposes; (ii) that no Unit or Dwelling may be subleased; (iii)that a Dwelling must be leased in its entirety, not by room or other part, unless the Dwelling issimultaneously occupied by the Owner; (iv) that all leases shall be in writing; (v) unless otherwiserequired in connection with the financing, guaranty or insuring of a Unit mortgage, no lease shallbe for a period less than three or more than twelve months, except for extenuating situationsapproved by the Board; and (vi) that all leases shall provide that they are subject to the GoverningDocuments and Rules and that any failure ofthe lessee to comply with the terms of such documentsshall be a default under the lease. The Association may impose such reasonable Rules as may benecessary to implement non-discriminatory procedures for the leasing of Dwellings, consistentwith this Section and applicable law, including but not limited to (i) a requirement for a formaddendum to be attached to each Unit lease to assure that the rights and authority ofthe Associationand Owners and Occupants are recognized and protected, and (ii) a requirement for the screeningof lessees through alicensed screening organization; provided that such screening shall not violatefederal, state or local discrimination laws.7.6 Parking/Vehicles/Personal Property. The outside storage or parking of buses,trucks (other than pick-ups, SUVs and similar small tnrcks used for the Owner's or Occupant'spersonal vehicle), trailers, unlicensed automobiles, aircraft, tractors, motorcycles, snowmobiles,motorhomes, all-terrain vehicles, or watercraft is prohibited, except for temporary parking asauthorized by the Association. Garages shall not be used for storage or other purposes so that theybecome unavailable for parking vehicles and keeping incidental personal property. No Personshall perform maintenance, repair or restoration work on any vehicle on the Property except fortheir own vehicles, and then only (i) within the Owner's garage, or (ii) for emergency repairs.11
Notwithstanding anything to the contrary in this Section, commercial vehicles shall not be parkedor stored on the Property, except within a garcge.or on a temporary basis in connection withconstruction work on a Unit or deliveries. The Association shall have the authority to establishRules to further regulate and restrict outside storage and parking of passenger vehicles, trucks,trailers, watercraft, recreational vehicles and all other kinds of personal property. The Associationshall have the further right to tow illegally parked vehicles or to remove unauthorized personalproperty.7.7 Traffic Regulations. All vehicular traffic on the Property is subject to federal, stateand local laws and regulations. All vehicles operated on the Property shall be operated in a careful,prudent, and safe manner; and with due consideration for the rights of all Owners and Occupants.7.8 Animals. The Board shall have the authority to regulate, by Rules, the keeping ofanimals on the Property. This authority may be exercised so as to permit or prohibit different typesof animals, but those animals which are permitted (if any) shall be limited to common domestichouse pets such as dogs, cats, fish, birds and the like. However, no animal may be bred, or keptormaintained forbusiness or commercial pulposes, anywhere on the Property. The word "animal"shall be interpreted in its broadest sense and shall include all living creatures except humans.Notwithstanding the foregoing, no Rule and Regulation may prohibit the keeping of a qualifiedservice dog or similar animal by a person who is disabled within the meaning of the Fair HousingAmendments Act of 1988 or comparable state law.7.9 Signs. Except as permitted by applicable law, no sign or comparable device of anykind shall be placed, erected or maintained on the Property except (i) one sign per Unit of asizeand style approved by the Association, advertising the Unit for sale or rent; (ii) signs placed by theDeveloper to advertise the Property, Units or Dwellings during the construction, development orsales period; and (iii) the permanent entrance signs and monuments erected by the Developer toidentifu the Property.7.10 Quiet Enjoyment; Interference Prohibited. All Owners and Occupants and theirguests have a right of quiet enjoyment in their respective Units. The Property shall be occupiedand used in such a manner as will not cause a nuisance, nor unduly restrict, or interfere with theuse and quiet enjoyment of the Property by other Owners and Occupants and their invitees.7.ll Compliance with Law. The Property shall be used in compliance with municipalcodes or ordinances, and state and federal laws. No Person shall cause waste to the Property, causea material increase in insurance rates on the Property, or otherwise cause any unusual liability,health or safety risk, or expense, for the Association, or any Owner or Occupant.7.12 Improvements. Except for those made by Developer or authorized Builders inconnection with the sale of a Unit or construction of the first Dwelling thereon, no Improvementmay be made, or caused or allowed to be made, in any part of the Common Elements, or in anypart of a Unit which is visible from outside existing structures except in accordance with Section8 hereof.t2
7.13 Time Shares Prohibited. The time share form of ownership, or any comparableform of lease, occupancy rights, ownership, or right-to-use plans, which has the effect of dividingthe ownership or occupancy of a Unit into separate time periods, is prohibited.7.14 Access to Units. In case of emergency, the yard areas of all Units are subject toentry, without notice and at any time, by an officer or member of the Board, by the managementagent of the Association, orby any public safety personnel. Reasonable access is also authorizedfor maintenance purposes under Sections 9 and 12 and for enforcement purposes under Section12.SECTION 8ARCHITECTURAL STANDARD S8.1 Restrictions on Alterations. One of the purposes of this Declaration is to ensurethat those parts of the Dwellings and other parts of the Units which are visible from the exteriorbe kept architecturally attractive and substantially uniform in appearance. Therefore, the followingreshictions and requirements shall apply to alterations on the Property, except as set forth inSection 8.6:8.1.1 Except as expressly provided in this Section 8, no structure, building,addition, deck, patio, fence, wall, enclosure, window, exterior door, antenna or other typeof sending or receiving apparatus, sign, display, decoration, color change, shrubbery,material topographical or landscaping change, nor any other exterior improvements to oralteration of any Dwelling or any other part of a Unit which affects the Common Elementsor another Unit, or which is visible from the exterior of the Dwelling (collectively referredto as "alterations"), shall be commenced, erected or maintained, unless and until the plansand specifications showing the nature, kind, shape, height, color, materials and locationsof the alterations shall have been approved in writing by the Board or a committeeappointed by it. In addition, Developer's written consent shall also be required foralterations so long as Developer owns a Unit for sale or has a right to add Additional RealEstate.8.1.2 The Board may appoint, supervise and disestablish an architecturalcommittee, and specifically delegate to it part or all of the functions which the Boardexercises under this Section 8, in which case the references to the Board shall refer to thearchitectural committee where appropriate. The architectural committee shall be subjectto the supervision of the Board.8.1.3 The Board shall establish the criteria for approval of alterations, which shallinclude and require, at a minimum:8.1.3.1 substantial uniformity of color, type and design in relation toexisting Dwellings and other improvements to the Property;8.I.3.2 comparable or better quality of materials as used m existingimprovements on the Property;8.1.3.3 ease of maintenance and repair;13
8.1.3.4 adequate protection of the Property, the Association, Owners andOccupants from liability and liens arising out of the proposed alterations;8.1.3.5 substantial preservation of other Owners' sight lines, ifmaterial;8. 1 .3.6 substantial preservation of trees, vegetation and shorelines; and8.1.3.7 compliance with governmental laws, codes and regulations.The Board, or the appointed architectural committee if so authorized by the Board,in its sole discretion, may impose standards for design, appearance, construction,or development which are greater or more stringent than standards prescribed bythe Governing Documents, or by building, zoning, or other govemmental laws,codes, or regulations; provided that such standards shall be consistent with thearchitectural character and use ofthe Property as planned and developed by theDeveloper. The Board, or the appointed architectural committee if so authorizedby the Board, shall be the sole judge of whether such criteria are satisfied, and itsdetermination in this regard shall be binding upon the Owner.8.1.4 Approval of alterations which cause a minor encroachment upon theCommon Elements or another Unit shall create an appurtenant easement for suchencroachment in favor of the Unit with respect to which the alterations are approved,notwithstanding any contrary requirement in the Goveming Documents or the Act. A fileof the Board resolutions approving or denying all requests for alterations shall bemaintained permanently as a part of the Association's records.8.2 Review Procedures. The following procedures shall govem requests for alterationsunder this Section:8.2.I Detailed plans, specifications and related information regarding anyproposed alteration, in form and content acceptable to the Board, shall be submitted to theBoard and to Developer (if applicable) at least sixty days prior to the projectedcommencement of construction. No alterations shall be commenced prior to approval.8.2.2 The Board and Developer (if applicable) shall give the Owner written noticeof approval or disapproval. The Board shall have the right and authority to approve,conditionally approve or deny requests for alterations in its sole absolute discretion. If theBoard and Developer (if applicable) fail to approve or disapprove within sixty days afterreceipt of said plans and specifications and all other information requested by the Boardand Developer (if applicable), then approval shall be deerned to be denied.8.2.3 If no request for approval is submitted, approval shall be deemed to bedenied.8.3 Rernedies for Violations. The Association may undertake any measures, legal,equitable or administrative, to enforce compliance with this Section and shall be entitled to recoverfrom the Owner causing or permitting the violation all attomeys' fees and other professional feesand costs of evaluation, investigation and enforcement incurred by the Association, whether or notl4
a legal action is started. Such fees and costs shall be a lien against the Owner's Unit and a personalobligation of the Owner. In addition, upon reasonable notice, the Association shall have the rightto enter the Owner's Unit and to restore any part of the Dwelling or Unit to its prior condition ifthe alterations were made in violation of this Section, and the cost of such restoration shall be apersonal obligation of the Owner and a lien against the Owner's Unit.8.4 Owner Responsibility/Indemnity. The Owner who causes an alteration to be made,regardless of whether the alteration is approved by the Board, shall be responsible for theconstruction work and any claims, damages, losses or liabilities arising out of the alterations, andto ensure that the work approved by it satisfies all applicable municipal requirements. The Ownershall hold harmless, indernnifu and defend the Association, and its officers, directors andcommittee members, from and against any expenses, claims, damages, losses or other liabilities,including without limitation attorneys' fees and other professional fees and costs, arising out of (i)any alteration which violates any govemmental laws, codes, ordinances or regulations; (ii) theadequacy of the specifications or standards for construction of the alterations; and (iii) theconstruction of the alterations.8.5 Review Fees. The Board may adopt a schedule of reasonable fees for processingapplications for architectural approval. The fees, if any, shall be payable to the Association at thetime that the application is submitted to the Board. The fees, as well as other expenses of theBoard required to be paid, shall be deemed to be an Assessment against the Unit with respect towhich the application is made.8.6 Exemptions. The requirements set forth in this Section 8 (except Section 8.4) shallnot apply to the following:8.6.1 Construction undertaken or authoizedby Developer in connection with itscompletion of Common Element improvements and the completion and sale of theDwellings and Units.8.6.2 Certain types of antennae and satellite dishes may be installed, followingapplication to the Board, to the extent permitted by federal law and the Rules andRegulations consistent therewith.SECTION9MAINTENANCE9.1as followsMaintenance by Association. The maintenance obligations of the Association are9.1.1 The Association shall maintain, repair and replace the Common Elements,except that any portion of the driveway serving a Unit which is located upon the CommonElements shall be maintained, repaired and replaced by the owner of the Unit served bysuch driveway except for snow removal from the driveways, except to the extent that theCommon Elements are maintained by another party pursuant to an easement agteement(and in such scenario, the Association shall merely assess Owners for the costs required tobe paid to the third party maintaining the Common Elements).15
9.1.2 The Association shall provide for routine tree, shrub and similar plantingtrimming, lawn maintenance and irrigation regarding the lawn areas of the Units, and forsnow removal on the driveways, front stoop and sidewalks (including sidewalks locatedwithin the right of way adjoining the street and sidewalks providing access to the frontstoop), which may in part be provided by another party pursuant to an easement agreement(and in such scenario, the Association shall merely assess the Owners for the costs requiredto be paid to the third party maintaining the Common Elements orproviding such service).9.1.3 The Association may contract with a trash or garbage disposal provider onbehalf of all Owners. If the Association makes such an election, Owners are expresslyprohibited from contracting for their own trash or garbage disposal provider. TheAssociation may determine or designate a specific day in which trash or garbage disposalshall occur. The Association, acting through the Board of Directors, may adopt rules andregulations rcgarding trash or gnbage disposal requirements.9.2 Maintenance by Owner. The maintenance obligations ofthe Owners are as follows:9.2.1 Subject to Section 9.1, all maintenance, repair and replacement of theDwelling, Unit, portion of the driveway located upon the Common Elements serving suchUnit and all Improvements located within the Unit shall be the sole obligation and expenseofthe Owner of the Unit. Exterior maintenance for which the Owner is obligated must beperformed in accordance with any standards established by the Association.9.2.2 The Owners or Occupants shall maintain and replace trees, shrubs andsimilar plantings located in such Owner's Unit except for trimming of trees, shrubs andsimilar plantings.9.2.3 flntentionally omitted.]9.2.4 Notwithstanding anything to the contrary in the Governing Documents, theexpense of any maintenance, repair or reconstruction of the Property or other areasmaintained by the Association necessitated by the acts or omissions of an Owner orOccupant shall be paid by the responsible Owner.9.3 Right of the Master Association to Perform Neglected Maintenance. [Intentionallyomitted.l9.4 Right of the Association to Perform Neglected Maintenance. If any maintenancerequired to be performed by an Owner pursuant to Section 9.2 isnot,in the judgment of the Board,performed as required under Section 9.2,the Board may provide written notice to the responsibleOwner describing the maintenance, repair or correction that has not been performed anddemanding that such maintenance, repair or correction be provided within thirty (30) daysthereafter, or if such work cannot be performed within thirty (30) days a stated period of timereasonable for completion thereof. Ifthe maintenance, repair or correction is not completed withinthe time specified in the notice, the Association may undertake such maintenance, repair orcorrection which theresponsible Owner failed to orimproperly performed, and charge and assessthe Owner's Unit, for the cost thereof.t6
SECTION 10INSURANCE10.1 Required Coverage. The Association shall obtain and maintain, at a minimum, amaster policy or policies of insurance in accordance with the insurance requirements set forthherein, issued by a reputable insurance company or companies authorized to do business in thestate of Minnesota, as follows:10.1.1 Property insurance in broad form covering all risks of physical loss in anamount equal to one hundred percent (100%) of the insurable "replacement cost" ofImprovements (if any) which the Association is obligated to maintain, less deductibles,exclusive of land and other items noflnally excluded from coverage. The policy or policiesshall also cover personal property owned by the Association.10.I.2 Commercial general liability insurance covering the use, operation andmaintenance of the Common Elements, and the use, operation and maintenance of otherlands or Improvements which the Association is obligated to maintain against claims fordeath, bodily injury and property damage, and such other risks as are customarily coveredby such policies for projects similar in type, location and use to the Property. The policyshall have minimum limits of One Million Dollars ($1,000,000.00) per occuffence. Thepolicy shall, ifreasonably available, contain a "severability ofinterest" endorsement whichshall preclude the insurer from denying the claim of an Owner or Occupant because ofnegligent acts of the Association or other Owners or Occupants.10.1.3 Insurance coverage against dishonest acts on the part of directors, officers,managers, trustees, employees or other persons responsible for handling funds belongingto or administered by the Association, if deemed to be advisable by the Board or requiredas a precondition to the purchase, insuring or financing of a mortgage on a Unit. Theinsurance shall name the Association as an insured.10.1.4 Workers' Compensation insurance as required by law.10.1.5 Such other insurance as the Board may determine from time to time to bein the best interests of the Association and the Owners.I0.2 Premiums; Improvements; Deductibles. All insurance premiums shall be assessedand paid as annual Assessments, and allocated among the Units as determined by the Boardconsistent with the Governing Documents. The Association may, in the case of a claim for damageorpersonal irjury with respect to Improvernents (if any) which the Association maintains (i) paythe deductible amount as a Common Expense; (ii) assess the deductible amount against the Unitsaffected in any reasonable manner; or (iii) require the Owners of the Units affected to pay thedeductible amount directly.10.3 Loss Payee; Insurance Trustee. All insurance coverage maintained by theAssociation shall be written in the name of, and the proceeds thereof shall be payable to, theAssociation (or a qualified insurance trustee selected by it) as trustee for the benefit of the Ownersand mortgagees which suffer loss. The Association, or any insurance trustee selected by it, shallhave exclusive authority to negotiate, settle and collect upon any claims or losses under anyt7
insurance policy maintained by the Association. Subject to Section ll.l.4, the Association, or anyinsurance trustee selected by it, shall use the proceeds from property insurance on a damagedImprovement solely to repair and reconstruct the damaged Improvement, and not for any otherpurpose.T0.4 Required Policy Provisions. All policies of property insurance carried by theAssociation shall, if such provisions are reasonably available, provide that:10.4.1 Each Owner and Unit mortgagee is an insured Person under the policy withrespect to liability arising out of the Owner's interest or membership in the Association.10.4.2 The insurer waives its right to subrogation under the policy against anyOwner or member of the Owner's household and against the Association and members ofthe Board.10.4.3 No act or omission by any Owner or mortgagee of a Unit, unless actingwithin the scope of authority on behalf of the Association, shall void the policy or be acondition to recovery under the policy.10.4.4 If at the time of a loss under the policy there is other insurance in the nameof an Owner covering the same property covered by the policy, the Association's policy isprimary insurance.10.5 Cancellation;Notice of Loss. All policies ofproperty insurance and comprehensiveliability insurance maintained by the Association shall provide that the policies shall not becanceled or substantially modified, for any reason, without at least thirty (30) days' prior writtennotice to all of the insureds.10.6 Restoration in Lieu of Cash Settlement. All policies ofproperty insurance maintainedby the Association shall provide that, despite any provisions giving the insurer the right to elect torestore damage in lieu of a cash settlement, such option shall not be exercisable(i) without the prior written approval of the Association (or any insurance trustee), or (ii) when inconflict with provisions of any insurance trust agreement to which the Association may be aparty,or any requirement of law.10.7 Owner's Personal Insurance. It is the obligation of each Owner to obtain personalinsurance coverage at his or her own expense covering fire and other casualty to the Owner'sDwelling and other insurable Improvernents located within the Owner's Unit, and public liabilityinsurance covering the Owner's Unit. All insurance policies maintained by Owners shall, ifpossible, provide that they are without contribution as against any insurance purchased by theAssociation, except as to deductibles under Section 10.2.10.8 Notice to Developer. Recognizingthatthe Developer may be obligated to discloseto prospective purchasers the Association's projected budget, it is important that the Developer beadvised of any budget changes following the termination of the Developer Control Period.Accordingly, the Association shall give Developer at least thirty (30) days prior written notice ofany change in the Association's insurance policies until Developer no longer owns any Unit forinitial sale and no longer has the right to add Additional Property to the Property.l8
SECTION I1RECONSTRUCTION, CONDEMNATION AND EMINENT DOMAIN1 1 . 1 Reconstruction. In the event of a casualty on or to any portion of the Property, theobligations and procedures for the repair, reconstruction or disposition of the damagedImprovements shall be governed by the following provisions:11.1.1 A11 repair and reconstruction of the damaged Improvements shall becommenced promptly following the casualty and shall be carried through diligently toconclusion. The Association shall be responsible for the repair and reconstruction ofCommon Element Improvements (if any) and the Owners shall be responsible for the repairand reconstruction of Improvements to their respective Units.II.I.2 All repair and reconstruction shall be approved pursuant to Section 8. Therepair and reconstruction shall be in accordance with the requirements of all applicablezoning, subdivision, building, and other governmental regulations.1 1.1.3 Notice of substantial damage or destruction to any portion of the Propertyshall be promptly given to the Association by the Owner of the damaged Improvements.lI.l.4 Notwithstanding the foregoing, repair and reconstruction of a Dwellingneed not be undertaken if the Association, the Owner and the Owner's mortgagee agree inwriting that the damaged improvements need not be repaired and reconstructed. If such anagreement is made, the ruins and debris of any damaged Improvements shall promptly becleared away and the Property shall be left in an orderly, safe and sightly condition.ll.2 Condemnation and Eminent Domain. In the event of a taking of any part of theCommon Elements by condemnation or eminent domain, the Association shall have authority toact onbehalf ofthe Owners in all proceedings, negotiations and settlement of claims. All proceedsshall be payable to the Association to hold and distribute for the benefit of the Owners and theirmortgagees, as their interests may appear. With respect to the taking of all or part of a Unit, theOwner of the Unit shall negotiate and settle all claims, subject to the rights of any mortgagee ofthe Unit.SECTION 12EASEMENTSEach Unit and the Common Elements, and the rights of the Owners and Occupants therein,shall be subject to orbeneficiary of (i) the appurtenant easements and rights granted and reservedin this Section 12; and (ii) other appurtenant easements and rights of record as referenced herein.l2.I Drainage. The Common Elements and the yard areas of the Units shall be subjectto nonexclusive easements for storm water drainage over those parts of the Property which aredesigned, improved or graded for such purposes.12.2 Access. Each Unit is the beneficiary of a non-exclusive easement for access to apublic street or highway on or across those portions of the Common Elements designated for useas a driveway (or such portion as may be located upon the Common Elements), Private Drive,19
streets or trails, as shown on the Plat or otherwise designated by the Association, subject to anyrestrictions imposed pursuant to the Governing Documents.I2.3 Use and Enjoyment. Each Unit is the beneficiary of a nonexclusive easement foruse and enjoyment on and across the Common Elements, subject to any restrictions authorized orimposed pursuant to the Goveming Documents.I2.4 Encroachments. If there is a minor encroachment by a Dwelling, or otherImprovement onto another Unit or the Common Elements as a result of the construction,reconstruction, repair, shifting, settlement or movement of any part of the Property, an appurtenanteasement for the encroachment, for the use, enjoyrnent and habitation ofthe encroaching Dwellingor other Improvement, and for the maintenance thereof, shall exist; provided, that with respect toImprovements added pursuant to Section 8, no easement shall exist unless the same have beenapproved, and the proposed Improvements constructed, as required by this Declaration. Sucheasements shall continue for as long as the encroachment exists and shall not affect themarketability of title.12.5 Maintenance, Rqrair, Replacement and Reconstruction. Each Unit, and the rightsof the Owners and Occupants thereof, are subject to therights of the Association, the City of EdenPrairie and any applicable watershed district to a non-exclusive, appurtenant easement on and overthe yard areas of Units for the purposes of access to and maintenance,repair, replacement andreconstruction of utilities and other common Improvements serving more than one Unit, to theextent necessary to fulfill the obligations of the Association, City of Eden Prairie and anyapplicable watershed district.12.6 Utilities. The Property is subject to non-exclusive, appurtenant easements in favorof all public utility companies and other utility providers for the installation, use, maintenance,repair and replacement of all utilities, such as natural gas, electricity, cable TV, telephone, dataand other electronic communications, water, sewer, irrigation, wells, and similar services, andmetering and control devices, which exist or are constructed as part of the development of theProperty, or which are referred to in the Plat or otherwise described in this Declaration or any otherduly recorded instrument. Each Unit, and the rights of the Owners and Occupants thereof, shallalso be subject to a non-exclusive, appurtenant easement in favor of the other Units for all suchutilities and services; provided, that the utilities and services shall be installed, used, maintainedand repaired so as not to interfere with the reasonable use and quiet enjoyment of the Units by theOwners and Occupants, nor affect the structural or architectural integrity ofthe Units or Dwellings.12.7 Developer Rights. Developer shall have and be the beneficiary of exclusiveeasements for the exercise of its Developer Rights.I2.8 Association Access. There is a non-exclusive easement in favor of the Association,including without limitation any management agent or service vendor retained by the Association,for access on and across the Common Elements and the yard areas of Units, for the purpose ofperforming the Association's obligations under the Governing Documents. Except in the event ofemergencies, this easement shall be exercised only during normal business hours and then,whenever practicable, only upon advance notice to the Owner or Occupant directly affected.20
I2.9 Emergency Access to Units. In case of emergency, the yard areas of all Units aresubject to an easement for access, without notice and at any time, by officers or members of theBoard, by the Association's management agents, or by any public safety personnel.l2.l O Project Signs. The Developer shall have the right to erect and maintain monumentsigns and related Improvements identifying the Property on the Common Elements and on Unitssubject to sign easernents. Those parts of the Property on which monument signs or relateddecorative Improvements are located are subject to appurtenant, exclusive easements in favor ofthe Association for the continuing use, maintenance, rqlair and replacement of said signs andrelated Improvements. Any Person exercising the rights granted under said easernents shall takereasonable care to avoid damaging the improvements to the Property and shall repair any damagecaused by it.12.11 Other Easements. The Property is subject to such other easements as may berecorded against it or otherwise shown on the Plat.12.12 Continuation, Scope and Conflict of Easements. Notwithstanding anything in thisDeclaration to the contrary, no Owner or Occupant shall be denied reasonable access to his orherUnit or the right to utility services thereto. The easements set forth in this Section shall supplementand not limit any easements described elsewhere in this Declaration, or otherwise recorded, andshall include reasonable access to the easement areas through the yard areas of Units and theCommon Elements for purposes of maintenance, repair, replacement and reconstruction.12.13 Easements Are Appurtenant. All easements and similar rights burdening orbenefiting a Unit or any other part of the Property shall run with the land, and shall be permanent,subject only to termination in accordance with law or the terms of the easement. Any recordedeasement benefiting or burdening the Property shall be construed in a manner consistent with, andnot in conflict with, the easements created by this Declaration.12.14 Impairment Prohibited. No person shall materially restrict orimpair any easementbenefiting or burdening the Property, subject to the Declaration and the right of the Association toestablish and enforce reasonable Rules goveming the use of the Property.12.15 Benefit of Easements. All easernents benefitting a Unit shall benefit the Ownersand Occupants ofthe Unit, and their families and guests. However, an Owner who has delegatedthe right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, doesnot have the use and other easements rights in the Property during such delegated occupancy,except as a guest of an Owner or Occupant or in connection with the inspection of the Unit orrecovery of possession of the Unit from the Occupant pursuant to law.2l
SECTION 13COMPLIANCE AND REMEDIESEach Owner and Occupant, and any other Person owning or acquiring arry interest in theProperly, shall be governed by and comply with the provisions of the Act, the GoverningDocuments, and the Rules, and such amendments thereto as may be made from time to time, andthe decisions of the Association with respect to matters over which each has authority.13.1 Entitlement to Relief. Legal relief may be sought by the Association against anyOwner, or by an Owner against the Association or another Owner, to enforce compliance with theGoverning Documents, the Rules, the Act or the decisions ofthe Association. However, no Ownermay withhold any Assessments payable to the Association, nor take or omit other action inviolation of the Governing Documents, the Rules, or the Act, as a measure to enforce such Owner'sposition, or for any other reason.13.2 Remedies. In addition to any other remedies or sanctions, expressed or implied,administrative or legal, the Association shall have the right, but not the obligation, to implementany one or more of the following actions against Owners and Occupants andlor their guests, whoviolate the provisions of the Goveming Documents or the Rules:13.2.I Commence legal action for damages or equitable relief in any court ofcompetent j uri sdiction.13.2.2 Impose late charges of up to the greater of $100, or 8%o of the amount pastdue, for each past due Assessment or installment thereof and impose interest at the highestrate permitted by law accruing beginning on the first day of the first month after theAssessment or installment was due.13.2.3 In the event of default of more than thirry (30) days in the payment of anyAssessment or installment thereof, all remaining installments of Assessments assessedagainst the Unit owned by the defaulting Owner may be accelerated and shall then bepayable in full if all delinquent Assessments or installments thereof, together with allattorneys' fees, costs of collection and late charges, are not paid in full prior to the effectivedate ofthe acceleration. Not less than ten (10) days' advance written notice of the effectivedate of the acceleration shall be given to the defaulting Owner.13.2.4 Impose reasonable fines, penalties or charges for each violation of theGoverning Documents, or the Rules.13.2.5 Suspend the rights of any Owner to vote when the Assessments due withrespect to the Owner's Unit are past due, and suspend the rights of any Owner or Occupantand their guests to use any Common Element amenities; provided, that the suspension ofuse rights shall not apply to those portions of the Common Elements providing utilitiesservice and access to the Unit. Such suspensions shall be limited to periods of default bysuch Owners and Occupants in their obligations under the Governing Documents, and forup to thirty (30) days thereafter, for each violation.22
13.2.6 Restore any portions of the Common Elements damaged or altered, orallowed to be damaged or altered, by any Owner or Occupant or their guests in violationof the Governing Documents, and to assess the cost of such restoration against theresponsible Owners and their Units.13.2.7 Foreclose any lien arising under the provisions of the Goveming Documentsor under law, in the manner provided by the Governing Documents.13.3 Rights to Hearing. Before the imposition of any of the remedies authorized bySections 13.2.4 or 13.2.5, the Board shall, upon written request of the offender, grant to theoffender an opportunity for afair and equitable hearing. The Association shall give to the offenderwritten notice of the nature of the violation and the right to a hearing, and the offender shall beglven at least ten (10) days within which to request a hearing. The hearing shall be scheduled bythe Board and held within thirty (30) days ofreceipt of the hearing request by the Board, and withat least ten (10) days' prior written notice to the offender. If the offender fails to timely request ahearing or to appear at the hearing, then the right to a hearing shall be deemed waived and theBoard may take such action as it deems appropriate. The decision of the Board and the rules forthe conduct of hearings established by the Board shall be final and binding on all parties. TheBoard's decision shall be delivered in writing to the offender within ten (10) days following thehearing, if not delivered to the offender at the hearing.I3.4 Lien for Charges, Penalties, Etc. Any Assessments, charges, fines, expenses,penalties or interest imposed under this Section shall be a lien against the Unit of the Owner orOccupant against whom the same are imposed and the personal obligation of such Owner in thesame manner and with the same priority and effect as Assessments under Section 6. The lien shallattach as of the date of imposition of the remedy, but shall not be final as to violations for which ahearing is held until the Board makes a written decision at or following thehearing. All rernediesshall be cumulative, and the exercise of, or failure to exercise, any rernedy shall not be deemed awaiver of the Association's right to pursue any others.13.5 ' Costs ofProceeding and Attorneys' Fees. With respect to any collection measures,or any measures or action, legal, administrative, or otherwise, which the Association takes toenforce the provisions of the Governing Documents, or the Rules, whether or not finallydetermined by a court or arbitrator, the Association may assess the violator and his or her Unitwith any expenses incurred in connection with such enforcement, including without limitationfines or charges previously imposed by the Association, reasonable attomeys' fees, and interest(at the highest rate allowed by law) on the delinquent amounts owed to the Association. Suchexpenses shall also include any collection or contingency fees or costs charged to the Associationby a collection agency or other Person acting on behalf of the Association in collecting anydelinquent amounts owed to the Association by an Owner or Occupant. Such collection orcontingency fees or costs shall be the personal obligation of such Owner and shall be a lien againstsuch Owner's Unit.13.6 Liability for Owners' and Occupants' Acts. An Owner shall be liable for theexpense of any maintenance, repair or replacement of any part of the Property rendered necessaryby such Owner's acts or omissions, or by that of Occupants or guests in the Owner's Unit, to theextent that such expense is not covered by the proceeds of insurance caried by the Association or23
such Owner or Occupant. However, any insurance deductible amount andlor increase in insurancerates, resulting from the Owner's acts or omissions may be assessed against the Owner responsiblefor the condition and against his or her Unit.I3.7 Enforcement by Owners. The provisions of this Section shall not limit or impairthe independent rights of other Owners to enforce the provisions of the Governing Documents, theRules or the Act as provided therein.13.8 Pre-Litigation Requirement. Any litigation, administrative proceeding or otherlegal action instituted or intervened in by or in the rurme of the Association, exclusive of (i) anyaction to collect Assessments or foreclose Assessment liens, or (ii) to enforce the GoverningDocuments or the Rules, is subject to prior approval by the Owners of Units to which are allocatedin excess of fifty percent (50%) of the total votes in the Association.SECTION 14AMENDMENTSl4.l Approval Requirements. Except for amendments by Developer authorized by thisDeclaration, this Declaration may be amended only by the approval ofiI4.l.l The Board.14.1.2 Owners who have the authority to cast at least sixty-seven percent (67%) ofthe total votes in the Association.I4.I.3 The City as to certain amendments as provided in SectionI4.3.14.1.4 Developer as to certain amendments as provided in Section 15.I4.2 Procedures. Approval of the Owners shall be obtained in accordance with thevoting procedures set forth in the Bylaws. Other required approvals shall be in writing or byauthenticated electronic communication, subjectto Section 14.3. Any amendment shallbe subjectto any greaterrequirements imposed by this Declaration. The amendment shall be effective whenrecorded in the office of the appropriate recording office in the county in which the Property islocated. An affidavit by the President or Secretary of the Association as to the outcome of thevote, or the execution of the foregoing agreements or consents, shall be adequate evidence thereoffor all purposes, including without limitation, the recording of the amendment.14.3 City Approval of Certain Amendments. Notwithstanding any provision of thisDeclaration to the contrary, no amendment, release or termination of any of the provisions of thisDeclaration regarding the Private Drive, if any, including, but not limited to, ownership,maintenance, repair, replacement or use of the Private Drive, if any, or reserves for replacementof the Private Drive, if any, shall be effective or may be filed ofrecord unless the City consents tothe amendment, release or termination.24
SECTION 15DEVELOPER RIGHTSDeveloper hereby reserves the exclusive authority to exercise the following rights for aslong as it owns a Unit or for any shorter period indicated:15.1 Complete Improvements. To complete the Dwellings and other Improvementsincluded in Developer's development plans or allowed by the Declaration, and to makeImprovanents intheUnits and Common Elements, to accommodate the exercise of any Developerrights.15.2 Relocate Boundaries and Alter Units. To relocate boundaries between Units and tootherwise alter Units owned by it, to the extent permitted by the City. The Developer shall havethe right and authority to unilaterally execute and record an amendment to this Declaration for thepurpose of relocating the boundaries between Units andlor subdividing Units.15.3 Sales Facilities. To construct, operate and maintain a sales office, managementoffice, model Dwellings, and other development, sales and rental facilities within any Units ownedor leased by Developer from time to time, located anywhere on the Property.t5.4 Signs. To erect and maintain signs and other sales displays offering the Units forsale or lease, in or on any Unit owned by Developer.15.5 Easements. To have and use easements, for itself, its employees, contractors,Builders, representatives, agents and prospective purchasers through and over the CommonElements and the yard areas ofthe Units for the purpose of exercising its rights under this Section.15.6 Control of Association. To control the operation and adminishation of theAssociation, including without limitation the power to appoint and remove the members of theBoard, until the earliest ofi (i) voluntary surrender of control by the Developer, or (ii) the datewhen Developer no longer owns a Unit for sale.t5.7 Consent to Certain Amendments. To approve or withhold approval of anyamendment to the Governing Documents or Rules which affect Developer's rights orthe rights ofauthorized Builders under the Governing Documents.15.8 Transfer of Developer Rights. To transfer some or all of the Developer Rights,temporarily or permanently, by a separate instrument signed by the Developer and the transferee,and recorded against the portions of the Property owned by the Developer or the transferee andaffected by the transfer, subject to the following qualifications.15.8.1 Upon transfer of any of the Developer Rights, the liability of the Developershall be as follows: (i) the Developer shall be liable for any obligation or liability arisingout of its acts or omissions occurring before the transfer; (ii) the Developer shall be liablefor any obligation or liability relating to any Developer Rights retained by the Developer;and (iii) the Developer shall not be liable for any act or omission arising from the exerciseof Developer Rights by the transferee of the Developer Rights.25
15.8.2 Any transferee of the Developer Rights shall be entitled to exercise suchDeveloper Rights from and after the date of recording of the instrument transferring therights. The transferee shall thereafter be subject to all of the obligations with respect to therightr transferred; except (i) misrepresentations of the Developer; (ii) warranty obligationsofth" Developer; (iii) breach of fiduciary obligations by the Developer or by any officersor member. of th. Board appointed by the Developer; (iv) any liability or obligationimposed on the Developer as a result of the Developer's acts or omissions after the transfer;*O (n) any liability arising out of any Developer Rights retained by the Developer.SECTION 16MISCELLANEOUS16.l Severability. If any term, covenant, or provision of this instrument or any exhibitattached hereto is held to be invalid or unenforceable for any reason whatsoever, suchdetermination shall not be deemed to alter, affect or impair in any manner whatsoever any otherportion of this Declaration or exhibits attached hereto.16.2 Construction. Where applicable the masculine gender of any word used herein shallmean the feminine or neutral gender, or vice versa, and the singular of any word used herein shallmean the plural, or vice u.tru. References to the Act, or any section thereof, shall be deemed toinclude any statutes amending or replacing the Act, and the comparable sections thereof.16.3 Notices. Unless specifically provided otherwise in the Governing Documents orthe Act, all notices required to be given by or to the Association, the Board, the Associationofficers, or the Owners or Occupants shall be (i) in writing and shall be effective upon handdelivery, or mailing ifproperly addressed with postage prepaid and deposited in the United Statesmail, oi (ii) bV ele&onic iommunication and shall be effective when sent, as and if authonzedbythe Bylaws and the Act; except that registrations pursuant to Section 2.2 of the Bylaws shall beeffective upon receipt by the Association.16.4 Conflicts Among Documents. ln the event of any conflict among the provisions ofthe Declaration, the Bylaws or the Rules, the Declaration shall control. As between the Bylawsand the Rules, the Bylaws shall control.16.5 Duration of Covenants. The covenants, conditions, restrictions, easements, liensand charges contained in this Declaration shall be perpetual, subject only to termination asprovided in this Declaration.SECTION I7ADDITIONAL REAL ESTATEI7.I Time Limit. The right of Developer to add the Additional Real Estate, if any,identified in Exhibit C, to the Property shall terminated ten (10) years after the date of recordingof this neclaration oFpon earlier withdrawal of such right of Developer or a successor Developer,unless extended by a vote of the Owners. There are no other limitations on Developer's rightshereunder, except as may be imposed by law.26
17.2 Sequence to Add. The Additional Real Estate may be added to the Properly inparcels consisting of one or more platted Units or outlots, or portions thereof, and in any sequence.Portions of the Additional Real Estate may be added to the Property at different times. TheAdditional Real Estate may be added as platted Unit(s), Common Elements or both.11 .3 Obligation to Add. There are no assurances as to the times at which any part oftheAdditional Real Estate will be added to the Property, the order of which it will be added, thenumber of parcels per phase nor the size of the parcels. The Additional Real Estate may bedeveloped by Developer or its successors in interest for other purposes, subject only to approvalby the appropriate governmental authorities.I7.4 Continuation of Covenants. A11 covenants and restrictions contained in thisDeclaration affecting the use, occupancy and alienation ofUnits shall apply to all Units created onthe Additional Real Estate if added by amendment to this declaration.fSignature page follows]27
IN WITNESS WHEREOF, the undersigned has executed this instrument theday and year set folth herein.Pioneer Ridge LLC,a Minnesota limited liabilityBy: Elisabeth A MillsIts: SecretarySTATE OF MINNESOTACOUNTY OF DAKOTAThe foregoing instrument was acknowledged before me this 22nd day of December2025,by Elisabeth A Mills, the Secretary of Pioneer Ridge LLC, aMiruresota limited liabilifycompany, on behalf of said entity.NotaryPublicThis instrument was draftedbyPioneerRidge, LLC221 River Ridge Circle S.Burnsville, MN 553374SS)))"€q. COLETTE RENEEALLEN{;6n}I ffii#"\W uvcomr*sm Enict lB12o3{l28
Pioneer Ridge VillasEXHIBIT A TO DECLARATIONDESCRIPTION OF PROPERTYLots 1 through 14, Block 1, Pioneer Ridge29
Lot35,Block 1, Pioneer Ridge;Lot 21, Block 2, Pioneer Ridge;Outlot A, Pioneer Ridge; andOutlot B, Pioneer RidgePioneer Ridge VillasEXHIBIT B TO DECLARATIONDESCRIPTION OF COMMON ELEMENTS30
Pioneer Ridge VillasEXHIBIT C TO DECLARATIONDESCRIPTION OF ADDITIONAL REAL ESTATENone.31
Pioneer Ridge VillasCONSENT AND JOINDER BY CONSENTING PARTYPioneer Ridge LLC, a Minnesota limited liability company (the "Consenting Patty"), is anowner of all or portions of real property described in the Declaration of Covenants, Conditions,Restrictions and Easements of Pioneer Ridge Villas (the "Declaration"). Consenting Party herebyconsents to and joins in the Declaration; provided, that the consenting to and joining in thisDeclaration, the Mortgagee does not inherently constitute itself or obligate itself as a Developer asdefined in the Declaration.IN WITNESS WHEREOF, the Consenting Patty has caused this Consent and Joinder tobe executed on the 22nd day of December 2025.Pioneer Ridge LLC,a Minnesota limited liabilityaBy: Elisabeth A MillsIts: SecretarySTATE OF MINNESOTACOUNTY OF DAKOTAThe foregoing instrument was acknowledged before me this 22nd day of December 2025,by Elisabeth A Mills, the Secretary of Pioneer Ridge LLC, a Minnesota limited liability company,on behalf of said entity.Ct-Uq^>Notary Public))ss)32