1997-09-12 Review of Declaration of Common Interest
William S. RadzwiU
Andrew J. MacArthur
Michael C. Couri
Megan M. McDonald
RADZWILL & COURI
Attorneys at Law
705 Central A venue East
PO Box 369
St. Michael, MN 55376
(612) 497-1930
(612) 497-2599 (FAX)
September 12, 1997
Mr. David Shay
Attorney at Law
28 9th Avenue North
St. Cloud, MN 56303
RE: COTTAGESOFALBER~LE
Dear Mr. Shay:
I have had the opportunity to review the proposed Declaration of Common Interest
Community Number 20 for the cottages of Albertville as well as the proposed Articles of
Incorporation and the proposed Bylaws.
DECLARA nON
In regard to the Declaration, please make the following changes:
1. On page one, first paragraph, please replace Stems with Wright County. In addition, the
defInitions in Section 1 should include the defInition of the "Act," which I believe refers
to Minnesota Statute 515B. The defInition Section should also include a defInition of
"City" as referencing the City of Albertville.
2. In regard to the defInition of "unit" in Section 1.17 it appears that there seems to be
some confusion regarding the inclusion of improvements in the defmition. If you
compare the defmition of "common element" and "unit" both stress that they include
all improvements. Please clarify.
3. In Section 3.2(A), please clarify whether party walls (including non-load bearing walls)
would be included in limited common elements, especially in regard to the last sentence
in 3.2 subparagraph A.
Mr. David Shay
September 12, 1997
Page 2 of 5
4. In Section 6.3 entitled Special Assessments, point 1 within that subparagraph reads
"the cost of any foreseen or unbudgeted common expense". Should that be the cost of
any unforeseen or unbudgeted common expense?
5. Section 7.3 Residential Use-Change the title to Senior Housing-Residential Use.
Keep the fIrst 5lh lines, but strike the remainder of the paragraph beginning with "In
addition to the restrictions regarding...." The remaining paragraph would read as
follows:.
A. It is the Association's and the city of Albertville's intent that 36 owner-
occupied, attached single-family quad homes be constructed on the lots in the
plat.
B. The cottages of Albertville shall be a seniors-only development. At least one
resident in each unit must be age 55 or older and no residents under the age of
18 are permitted. No more than two units may be occupied by employees of
the Homeowners Association, or families of the employees who are under the
age of 55 provided that the employees perform substantial duties directly
related to the management or maintenance of the housing. The Homeowners
Association must publish and adhere to policies and procedures that
demonstrate an intent to maintain a seniors-only development. Such an intent
shall be demonstrated by the following procedures in a manner acceptable to
the City of Albertville:
· The manner in which the development is described to
perspective residents;
· the nature of any advertising design to attract
perspective residents;
.
age;
· verifIcation procedures, lease provisions, written rules
and regulations;
· actual practices of the owner or manager in enforcing
relevant lease provisions and relevant rules or regulations.
Mr. David Shay
September 12, 1997
Page 3 of5
C. The Association must comply with rules issued by the secretary of Housing
and Urban Development for a seniors-onl,)' housing development, including
the provision of verification of occupancy by reliable surveys and affidavits
and include examples of the types of policies and procedures relevant to a
determination of compliance with the above.
D. The development must contain significant facilities and services specifically
designed to meet the physical or social needs of older persons. Significant
facilities and services may include, but are not limited to:
· Social and recreational programs; continuing education;
· information and counseling; recreational homemaker,
outside maintenance, and referral services;
· accessible physical environment; emergency and
preventative healthcare of programs;
· congregant dining facilities;
· transportation to facilitate access to social services; and
· services designed to encourage and assist residents to
use the services and facilities available to them.
Significant facilities and services does not include off-site facilities and
services; however, significant facilities and services does include the use of
the community room located in the rental portion of the subdivision (lot 38)
by the owners of the owner-occupied units.
E. The owner occupied Homeowners Association shall have reasonable access
to the Community Room (lot 38) to comply with the requirements of this
paragraph.
F. The Homeowners Association shall submit a proof of compliance to the City
annually demonstrating the provision of significant facilities and services
specifically designed to meet the physical or social needs of older persons.
~e.
Mr. David Shay
September 12, 1997
Page 4 of5
G. No person under the age of 18 may stay overnight in a residential unit of
Albertville Cottages longer than 14 nights in any period of 4 months. In no
case may a person under the age of 18 stay overnight in a residential unit of
Albertville Cottages more than 28 nights in a 12 month period.
H. The covenants relating to use of the property as contained in this Declaration
run in favor of the City, and amendments to this Section shall not become
effective under any condition without the express written consent of the City
of Albertville.
6. Add a Section 7.13 Remedies for Violations The Association may undertake any
measures, legal or administrative to enforce compliance with this section and shall be
entitled to recover from the owner causing or permitting the violation all attorneys fees
and costs of enforcement whether or not a legal action is started. Such attorney's fees
and costs shall be a lien against the owner's unit and a personal obligation of the owner.
All compliance measures and remedies outlined in Section 14 of this Declaration shall
apply as well.
7. The following should be added to the end of Section 17: "and (iv) the express written
consent of the Albertville City Council."
8. A new Section 19 should be added (the existing Section 19 should be renumbered to
Section 20), as follows: "RIGHTS OF THE CITY - The written consent of the City
of Albertville shall be required for any amendment to this document."
9. For purposes of clarity, it appears that Section 18.3 is in some conflict with Section
16.1C - the latter mandating that no unit may be subdivided.
BYLAWS
Please make the following changes and/or note the items discussed below:
1. Section 4.1-Some effort should be made to ensure that the meeting location be
handicapped accessible as the tenants shall be seniors only.
Mr. David Shay
September 12, 1997
Page 5 of5
2. In Section 6.4, please add a section Q which would read: "The powers of Board of
Directors do not include the powers to amend the use of the Cottages of Albertville as
outlined in Section 7.2 of the Declaration without the express written consent of the
Albertville City CounciL"
3. Section 9--Please add Section 9.4 which states "these bylaws cannot be amended to in
anyway change the use of the property as permitted by the City of Albertville without
the express written consent of the Albertville City CounciL At all times the foregoing
bylaws shall be consistent with Section 7.2 of this Declaration which defines the use of
the property as restricted to seniors only."
ARTICLES OF INCORPORATION
1. The following should be added to the end of Article IV, paragraph 5, "and is consistent
with the Declaration of Common Interest Community number 20."
2. The following shall be added to the end of Article IV, paragraph 6: "and is consistent
with the Declaration of Common Interest Community number 20."
3. In Article VIII please insert the following at the end of the first sentence: "and shall
require the written consent of the City of Albertville."
4. In Article X please insert the following at the end of the sentence: ", the written consent
of the Albertville City Council and must be consistent with the Declaration of Common
Interest Community number 20 for the Cottages of Albertville."
Sincerely,
7F~L/f r- ~
Michael C. Couri
Radzwill & Couri
Cc: Mr. Gary Hale