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CITY OF MERIDIAN BILL BREWER
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BRUCE D.STUART,WaterWorka$upt. .EABERT °E S
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~" ~ EARL WARD, WasKe W erSuptttorney 33 EAST IDAHO ~ ROBERT GIESLER
'' ~ KENNY BOWERS, Fire Chlef
~~ ROY PORTER, Pouae cmef MERIDIAN, IDAHO 83642 WALT MORROW
GARY SMITH, City Enplneer
Phone 888433 Chairmen Zonlnp 3 Plannlnp
1 ~ GRANT P. KINGSFORD
a.~~ Mayor
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;~ January 14 , 19 8 8
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` Ms. Mary Waller
°
r Stubblefield Development
`~` P.O. Box 327
~,~ a~
Meridian, Idaho 83642
Dear Mary,
rL, ;,
~;J After the Planning and Zoning Meeting held January 12,
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~ 1988, we did some research on the four vacant lots in
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~:~, Franklin Square Subdivision. W~ found that the Plat of
``~ the Subdivision which was approved by the City of
~~`~ Meridian had these designated as four-plex lots.
4 ~_`~ Therefor, there is no problem building a four-plex
unit on any of these so designated lots or marketing
' 'y'~ them for this use. If you were to proceed with the
~~ proposal of a sixteen unit complex, even though the
s~ density is the same, it would require a Variance or
hl~ Rezone from the City of Meridian with design review.
~~'
~
.~ Sincerely,
~
"' ~ ~
~~ ~~~~~~~ ' ty C1 k &
~' oniz~g `dminstrator
j~~ City f Meridian, ID. 83642
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~E' pc : Mayor
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OFFICIALS
JACK NIEMANN, Clty Clerk
A. M. KIEBERT. Tmaeurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Water Supt.
KENNY BOWERS, Flre Chief
ROY PORTER, Police Chief
GARY SMITH, Clty Enplneer
H(`(3 OF Ti:E.9.LRF ['AL1_I:T'
A Good Place to Live
CITY QF MERIDIAN
728 Meridian Street
MERIDIAN, IDAHO
85842
Phone 888.9433
GRANT' P. KINGSFORD
Mayor
February 24, 1986
Stubblefield Development..
P.O. BOX 327
Meridian, Idaho 83642
Dear Sir:
COUNCILMEN
BILL BREWER
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
BOB SPENCER
Chalrmlin Zoning & Plannlnp
Attached are three invoices pertaining to engineering on
the sewer system at the Franklin Square Subdivision in the
amount of $478.89. It is the policy of the City of Meridian
that any charges made by our contract engineers be passed
on to the Developer.
The above charges are long over due and the City of Meridian
would appreciate receiving your remittance for the above
amount.
Sincerely,
Jack Niemann
City Clerk
City of Meridian, ID.
pc: Mayor
Council
File
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'~i J•U•B ENGINEERS, Inc.
250 South Beachwood Avenue, Suite I
STATEMENT
ACCOUNT OF
City of Meridian
728 Meridian Street
Meridian, Idaho 83642
FOR PROFESSIONAL ENGIN EERING SERVICES
DATE
1-29-83
Boiae, Idaho 83709
Telephone: (208) 378.7330
March 3, 1983
Re: City of Meridian - General Engineering - 1983
Statement No. 4 - Revised-
TERMS: Net 10 days; Interest will be charged on all amounts
unpaid at the maximum applicable rate allowed bylaw.
PROJECT NO. SERVICES, EXPENSES, ETC. SUBTOTAL TOTAL•
S $
8701 City engineering services provided through
January 29, 1983, itemized as follows: (Charges
• for fiscal year 1983)
1. General Engineering
~~.~ -T 2. Review Westlawn Estates final plat and develop-
ment plans
~1~~.ce3~ 3. Franklin Square sewer force main extension
p
This statement has been dictated and submitted by:
If you have any questio s rag ding this billing,
please contact me.
1,412.55
412.83
225.36
2,050.74
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J~ J-U-B ENGINEERS, Inc.
250 South Beachwood Avenue, SuRe I Boise, Idaho 83709 Telephone: (208) 376-7330
STATEMENT April 4, 1983
Re: City of Meridian -Gene ral Engineering - 1983
Statement No. 5
ACCOUNTOF
City of Meridian
728 Meridian Street
Meridian, Idaho 83642
FOR PROFESSIONAL ENGINEERING SERVICES TERMS: Net 10 days; Interest will be charged on atl amounts
unpaid at the maximum applicable rate allowed by law.
DATE J-U-B
PROJECT NO. SERVICES, EXPENSES, ETC. SUBTOTAL TOTAL
2-26-83 8701 City engineering services provided through
February 26, 1983, itemized as follows:
1. General Engineering 736.68
~~k e~j~lC~ 2. Franklin Square Subdivision pressure sewer
extension 197.19
1° J
L~~ ~~ ~ 3. Upland Industries Treasure Valley Industrial.
Center -plotting and drainage. Charges includ
telehpone calls with David Wilding, in Salt
Lake City, concerning procedures for preparatio
of final plat and mail to David Wilding
examples of development drawings. Charges also
include telephone calls to Steve Erenyi in
Omaha, Nebraska, concerning platting procedures
for final plat and drainage design criteria and
preparation of letter, including drainage .
design example. 338.04
~ w~~
~ 4. Review of final plat and development plans for `
Qo Westlawn Estates Subdivision.
. 253.53 1,525.44
_~ _
This statement has been dictated and submitted by:
e~dic~ -
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If you have any questions regar ng this billing,
please contact me.
~~~- ~`3c ~ 736.68 __
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_ T TALAMOUNTPAYABLE ~ S
1,525.44
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~~~ J-U-B ENGINEERS Inc.
250 South Beachwood A~renue, Suite I Bolae, Idaho 83709 Telephone: (20B) 376.7330
May 5, 1983 -
STATEMENT
Re: City of Meridian -General Engineering - 1983
Statement No. 6 - -
ACGOUNT OF
City of Meridian
i 728 Meridian Street
~, Meridian, Idaho 83642
I
FOR PROFESSIONAL ENGINEERING SERVICES TERMS: Net 10 days; interest will be charged on all amounts
unpaid at the maximum applicable rate allowed by law. •
DATE J-U-B
PROJECT NO. SERVICES, EXPENSES, ETC. SUBTOTAL TOTAL•
S $
3-26-83 8701 City engineering services provided through March 26,
1983, itemized as follows:
1. General Engineering 1,305.78
~QQ ~J ~a ~. 2. Westlawn Fstates Subdivision 28.17
3. lan ndustrial Park -Prepare review letter
for concept plan, review drainage runoff calcu-
lations for industrial site, and submit letter
to Upland Industries with drainage design. 342.18
1 '
~
~ j d Franklin Square Subdivision pressure sewer -
D
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~ phone wine design engineer. 56.34 1,732.47
This statement has been dictated and submitted by: ~~'
If you have any questions regarding this billing, e
. please contact me.
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ITEM:
COMMENTS
Franklin Condominiums
FRANKLIN SQUARE
Jim Kane, dba Valley Contractors
Potter & Associates, Inc.
40 W. Franklin
Meridian, ID 83642
10: Gary D. Smith, P.E., City Engineer: 1. The location map attached
to the applicant's application labels the site as Lot 10. All
other referrals call it Lot 11. 2. Since, by statute, the
condominium law states that what is being purchased in space
(3 dimensional), I feel the ceiling elevations should also be shown
On the plat. 3. It appears to me that the parking area (Tract 5-
Common Area) should be broken down into parking areas so that each
living unit knows that it has the right to one or whatever spaces.
I assume this will be shown in the Declaration. 4.:."I believe it
is the intent of the State Code, Title 55-Chapter 15 to designate
the stairways, balconies and patios as "Limited Common Area."
Refrence is made to 55-1803(8) and the definition of a condominium
in 55-1509(a), first sentence. Copies of these sections are attached
for your review. 5. I think it is prudent to have paragraph (a)
of section 55-1509 included as part of the plat front. 6. I assume
that the applicant needs to submit a Declaration with his final plat
and that Wayne should review this.
10.5.81.......Council advised to proceed with Final Platting for Approval
------) 4.19.82 COUNCIL: The Motion was made by Orton and seconded by Brewer that
the Council accept the Final Plat of Franklin Condominiums
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~Q&Z`Hearing 7.13.81
• Council Hearing 8.3.81
COMMENTS
Franklin Condominiums
FRANKLIN SQUARE
Jim Kane, dba Valley Contractors
Potter'& Asssociates, Inc.
40 W. Franklin
Mepi;di;ana ~D 83642 '
ITEM; ~ ~~~~
;
1.: W~steWater Sup"t Earl Ward: Would not comply with Uniform Plumbing ~~ ,
Code Section 307, a&6 Location of Building Sewers
2. Bldg. Inspector Vernon Schoen: Sketches of type construction
and Condominium Ord. Submitted (On file with City Clerk)
3. Nampa-Meridian Irrig: It appears that there is not presently any
land-use-change involved here and therefore the Dist: withholds
any comment at this time. Joe Voight, Sec. of Board ~~
~
~
4. Richard Williams, Councilman: (1) The "Findings of Fact"
as so presented seem to be in error. The Company, Valley
`
~~
Contractors, has completely ignored Meridian
s Ordinance
pertaining to conversion of 6ui1dings to condominiums.
(2) The two hour fire wall is of paramount importance in
these conversions as noted in the Fire Codes. (3) The
developer has not mentioned the replumbing that must be done ;s ,
for water and sewer. Each unit will have a separate meter ~;
and separate tie in to the sewer, (4) This is Idaho not
New Jersey or Illinois. (5) Recommend denial unless developer `~~
can meet all Fire and Safety Codes, especially as relates to
Two hour fire walls and that 6ui'lding be rep1umbed to meet
water and sewer requirements.
•
5.
Meridian Fire Department: The Meridian Fire Department does not ;
a,
approve of this conversion of existing 4-Flex due'to the fact ~~'"
.that the Fire Codes and Building Codes differ for 4-Flexes ~,
than condominiums. At this time the 4~-Flex cannot~~~ meet the ~ .
Condominiums' of the Codes. These are National Codes - ~; °~'
6. Mayor Joseph Glaisyer: I do not recommend aPprova1A'~nd that dyes
not constitute arbitrary and capricious actron~
7. Ada County Highway Dist*: 1. Retain drainage on site.provide site ~_
drainage plan confirming the development wi~11 not',adversly affect
existing drainage conditions. Tn order that Fi'na1'Plat may 6e
considered 6y Dist. for acceptance the following conditions to be F=r~
satisfied prior to Dist, certi'ficati'on & endorsement: 1- Drainage ~~
plans shall 6e submi'tted & subject to review & approval 6y Dust. _
;'
2. Furnish Final Plat drawings for Dist, acceptance certifi'cati'on
& endorsement. The final plat must contain the signed endorsement of
the Owner"sand Land Surveyor's certi'ficati'on. ~°-
8. Central District Health Dept.: We can approve for Central water
~
Community sewage-this office would ask. for veri'fi~cation that the `"~ ~
community sewage disposal system is not being overloaded ~_
~~
9. Police Dept: No comments
- - - - - 7.13.81 Planning & Zoning recommended denial until project is ~'
brought in compliance with Item 12-C and all other requirements
of the Meridian City Code.
- - - - - 8.3.81 Council tabled request until September 8th, 1981 ~.
s,
- - - - - 9.8.81 Deferred until September 21, 1981
- - - - - 9.21.81 No representation Deferred to October 5, 1981 (Cont'd) ~~} r
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CHARLES L. WINDER; PRESIDENT
KARLJEPPESEN, VICE PRESIDENT
LAWRENCE C. JACKSON, SECRETARY
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318 E. 371 H STREET
BOISE, IDAHO 83704
PHONE: 344-6111
Minutes of the regular meeting held May 20, 1982, at 12:00 noon, in the offices
of the Ada County Highway District, 318 East 37th Street, Boise, Idaho.
Commissioners Winder and Jackson present.
One citizen present.
Ada County Highway District staff present: Keith Jacobs, Ron Cotterman, Chuck
Smith, Mike Brokaw, Ray Putman, Chuck Wauhob, Steve Spickelmier, Rod Cannon,
Gary Mill, and Carol Obuch.
Commissioner blinder called the meeting to order at 12:02 p.m. and proceeded to
the first item on the agenda.
SUBDIVISIONS
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Franklin Condominiums- Keith Jacobs presented the final plat for Franklin
Condominiums and asked that the Commission authorize the Chairman to execute
the plat. The developers. have complied with all staff requirements. Commissioner
Jackson moved that the Franklin Condominiums final plat be approved and that the
Chairman of the Commission be authorized to sign. Commissioner Winder seconded.
Motion carried.
RESOLUTION N0. 196 -CREATION OF L.I.D. 83-1 -EAST 47TH STREET.- Run Cotterman
expla~.ned that there are legal questions on the subject L.I.D. which need to be
resolved and he stated that he is not going to present the subject Resolution at
this time. He requested that a public hearing date be sot on this 1..I.D., and
explained that funding will not be available until 1983. He suggested that the
public hearing be delayed until September or October, 1982, but that it could be
held as early as June 24, 1982. Discussion held. Commissioner Jacaaon recommended
that-the public heari,ng~ be delayed until September or October, 1,982. Commissioner
l+li t?der agreed. No further act-i on taken. .
,1, BID APPROVAL - GEKELER'LANE -PROJECT N0. 2145.2 -Ron Cotterman presented the bids
for subject project copy attached and recommended approval of the low bid of
Nelson Sand and Gravel in the amount of $88,573.00. Commissioner Jackson moved
~ to accept the low bid of Nelson Sand and Gravel, in the amount of $88,573.00. ,
Commissioner Winder seconded. Motion carried.
~~~~ ~ BID APPROVAL -VIBRATORY ROLLER -Chuck Wauhob explained that he vrants to acknowledge
- ~' a super and extra effort from Highway District staff. The persdns wf~~o have~put
y ~i:orth extra effort are Gene 61an!~:~nship, John Meagher, Jerry Alverson and Don Doty.
' Mr, btauhob expressed his appreciation.
~ ~ He then presented the bids (copy attached) and explained that there were two
'~ rrdain bids to consider; one from Highway Equipment, the other from Starline
. ' Equipment Company. Mr. Wauhob recommended that the Commission accept the bid
~ = of Starline Equipment Company in the amount of $20,674.00 as per the memorandum
"datdd May 19,1982. Discussion held concerning the fact that the low bid did not
meet specifications in four areas. Commissioner 'Minder-moved to approve the bid,
I,
~~~~ ~ of Starline Equipment Company in the amount of $20,674.00 for
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CENTRAL I~TRICT HEALTH EPARTMENT ~~~
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1455 NO. ORCHARD Serving the
~ BOISE, IDAHO 83706 counties of ...
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.°~ 375-5211 June 3, 1982 ~;,, e
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~~ ~ Ada County Recorder fir
Ada County Courthouse
Boise, Idaho 83702
:
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Re: Franklin Condominiums ~
~
;a~ .: `• Dear Mr. Bastida: ~°
This office has reviewed and can approve the final plat of this sub-
''w division for central water and connect' ing q
ing into the exist' Franklin S uare ~'
Subdivision corrununity sub-surface sewage disposal system. The operation
and maintenance of the system is to be continued with maintenance records ~~` ~~
being submitted to this office by January 15th of each calendar year. ,
7
No lot is to be reduced without prior notification of the health ,, -;
`~ authority.
.t,
Sincerely,
'~
=
~ Nancy Goodel E.H.S.
_ Sr. Environmental Health Specialist
j~. ~.`' cc: Tom Turco, Chief of Environmental Health Services
r~ ~ -~ ' Potter and Associates
City of Meridiant~ s. .
Vern Schoen ;,
Earl Ward ;
U . S . Depar~trnent of HUD ~'
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May 27, 1981
40 W. FRANKLIN
MERIDIAN. ID 83642
12081 888-8491
Honorable May, City Council,
Planning & Zoning Commissioners
City of Meridian
City Hall
Meridian, Idaho 83642
RE: 81-002, Franklin Condominiums
Dear City Officials:
Transmitted herewith is the preliminary plat of "Franklin
Condo's", a condominium conversion of existing apartment
building located on Lot 11, Block 5, of the Franklin Square
Subdivision.
Accompanying this transmittal is a brief "findings of tact"
relating to this site and the proposed conversion of the
structure from rental apartments to owner occupied condomin-
ium units.
S ncerely,
V
JAMES V . POTTER
President
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POTTER & ASSOCIATES, INC.
ENGINEERS- ~ SURVEYORS ~ PLANNERS
Play 27 , 1981
FINDINGS OF FACT
Franklin Condominium's - 81-002
APPLICANT: ~ Jim Kane, dba 'Vall ey~ Contractors, Bois, °Idaho
342-7828
APPLICANT'S INTEREST: Builder/Owner
SUBJECT DESCRIPTION: Request to convert existing 4-Plex_apartment building
into four condominium dwellings
SITE; Lot 11 Block 5, Franklin Square Subdivision (on West
7th South of Franklin)
EXISTING ZONING: A - Residential
ABUTTING ZONING CLASSIFICATION & LAND USE:
North A - Residential, 4-Plex used as offices & residential
South A - Residential, 4-Plex Apartments
East L0, Developed as storage space
West A - Residential, 4-Plex Apartments
GROSS SITE AREA: 9,500 Sq. Ft.
GROSS BUILDING AREA: 3,853 Sq. Ft. (1926.5 Sq. Ft./floor), four (4) 2 bedroom
units at 905 Sq. Ft
SITE DENSITY RATIO: In accordance with city requirements at time of construction
TRAFFIC CIRCULATION: In accordance with city requirements at time of construction
INGRESS & EGRESS: In accordance with city requirements at time of construction
PUBLIC 12/W IMPROVEMENTS: In accordance with city requirements at time of construction
OFF STREET PARKING: In accordance with city requirements at time of construction
SET BACKS: In accordance with city requirements at time of construction
LANDSCAPING: Existing and in accordance with city requirements at time of
construction
~~'~ Franklin Condominiums, 81-002
~~:~ Findings of Fact
May 27, 1981
~ ~ Page 2
,r ,~
>~
CONDOMINIUM CONVERSION -APPLICANT'S COPIMENTS
This proposal consists of converting~an existing four-plex apartment structure
~~ into four condominium units.for~sale. The structure was constructed in accord-
s i ~R
ance with all uniform building code and-fire and safety code requirements in
effect at the time of construction. Current fire and safety codes require two
.~w ,~,~=~ (2) hour fire separation between all units as well as separate public utility
entrances.
. '_ The existing structure meets all current codes with the exception of the two .
(2) hour fire rating requirement between the first and second floors. This re-
quirement was established after construction of said units.
.,F3-„ The City staff has indicated that the structure may be sold as a "cooperative"
`ownership as is, with up to four (4) parties owning'an equal share of ~said~
€ ~~-.~ - cooperative; but indicates that the structure would have to be modified to meet
current fire and safety codes to allow the units to be sold as separate condo-
minium ownership.
This staff opinion appears to violate certain basic premises of real property
development and ownership. Since Idaho case law on this issue is minimal the
~~~. following citations are from other states with similar condominium law.
Y
o..t~
`~ (1)....."Condominiums' shall be deemed to be cooperative interests
~~ti~ in realty within the meaning of Section 352e of the general business
law... ."
,,' .
New York Statues 339d and 339ee
Idaho condominium law and the Pleridian Zoning Ordinance make no reference
t~ subdivision approved requirements for the conversion of existing apartments
~?a{ to condominiums.
.
-,
_ The existing apartments conform to the City's zoning ordinate, and the proposed
~!`~`_' conversion represents nothing more than a change in the form of ownership. The
use of the land will not be affected.
(2) In a similar case, the Pdew Jersey Appellate Division pointed out
that".....while NJSA 40:55-30 allows municipalities to regulate the
~~r' use or type of construction on real property, it does not grant power
~:~ to regulate the ownership or types of tenancies permitted, Further,
'- ;;~,' the court states that "the word use," as contained i n the statute above,
does not refer to ownership but to physical use of lands and buildings.
'~ ~`"'~ A building is not (used) as a condominium for purposes of zoning."
New Jersey law provides further guidance along these lines.
~'`° (3)....."It is the use rather than form of ownership that is the proper ,~
~~ concern and focus of zoning and planning regulation....."1unicipality may
_.k
impose subdivision controls upon condominium apartments only if it imposes
y~.Y the same controls on conventional landlord-owned apartment buildings...."
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NJSA 12A:2-312 to 318.
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~~ Franklin Condominiums - 80-002
Findings of Fact
May 27, 1981
Page 3
It is clear from these citations that. differing standards cannot be imposed
for multiple residence structures that-are to be sold as condominiums vs those
that are to be rented.
It is also clear from the city records, that this structure met all require-
ments at the time of construction.
The lack of a city ordinance to require all properties to: be upgraded to
current UBC and fire and safety codes at each sale or change of ownership would
make it appear that the imposition of such a requirement on this proposed condo-
minium conversion would be an arbitrary and capricious action.
Based on these facts and citations the applicant hereby requests your favor-
able consideration of this application.
/~ •
T. KANE, PRESIDENT
CONTRACTORS
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~ AN ORDIi~ANCE AP~ENDIN'G_ T?T! E g, .CHAPTEfi 6, OF Tr•?E REVIS!:D AND COMP'! F ~ ORDINANCES
!:` l?F TI•tE ;:CITY :OF i~ERTDI~IN, TO .rNGLt1:DE 5;.,!3SEGTIOn ?-f;03A E'\T:'• LED "PULL IC` fiEARI~'VC, TO~.
~~' •'~ ~3E HELD`•PRIOF 'TJ,'SUGD-~VIS•IOh' !'i ~AT% APRROVA~:
. ,
•~ 61NFREAS., the City Council and the Maydr of the City of Meridian have con-
eluded that .it is in the best interest of said City to anrer:d Title 9, Chapter 6,
to include a subsection 9-603A.
~.
NOw', THEREFORE, `BE-'IT OROALNED [3Y THE +.AYOR AND CITY COUNCI!_ DF THE CITY OF
r MERIDIAN, ADA CO!;NTY, IDAHO:
Section i.. Thar, Section 9-603 shall be here;,v amene!ed to include a sub-
. section 9=603A which shal'I read as fo1]ows:
g-603A PUL'LIC HEARING TO BE HELD PRIOR TO SU3Dl'JISION PLAT APPROVAL:
- . ~ ~ No fin~~l subdivision plat shall be approved or offered~••for •
approval until onepu~;lic hearing has been he'd for the•purpose of allowing
. ::::b"c input on the :}roposed subdiv:s:c^. T"i:, p;:'~' ;c he,~rinc ~r a„ be held
at the time of presentation of the tentative pla;.• b_y the developer~to the City
Council. Notice of the public hearinc? shall be given by ±nailin~, by•Certified
Mail, notice of the hearing to al': property owners arith•in 300 feet of the pro-
posed boundaries of the subdivision and by p1h'~s!~~nq notice of said hearing
in the City's newat~a~rer of record at least one t;~,re 'S days prior to the date
of such hearing. The notice to be nra~?ed *.o the a~'.jacent property owners shall
include a vicini*_y map of ti-e area which Itza~! s%1.:r" ~;~:otv !!1,? !)1'Ono~;ed subdivision
and f•he proper*_y within 30U feet.
Any subdivision plats presently fending apnrova'. or rending approval. at the
time of oassaye of this Orc!.inanr_e sha'.' also rtree*_ T.~:e .rhwe public.'hearing require-
~nent by -raving said hearing ~-t some time prior to reuu!~st for final approval.
. Section 2. ;.r!:E4r.1S, .*,here is an emerner••c_y ~-;r•r•~~cor, whi;:h er~~~rgency is
cecl.a:red .to rrxis~, this ord~irance shall .sake ~'trC'C: arc! ~e in fore:c.~'from and
after its passacre, approva' and publication as r•car:~r~:•:: by ?aw.
PASSED 3y r!re C, ty Courrr: ;' and approved `~v _~~•. 'ft:ti-or o` :trc~ ~i ty of Mer•id'an
Ada County, Idafro tr± 3rG ~..,ly •o~' W:arc~r ~''~";.
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. '~ REQUEST- FOR SUHDIVISIOt! 11P!'fiOVAL
PLANNING `AND 'ZONING COMMISSION -..
_:~
- ~ -TIME 'TABLE FOR SUBMISSIOtJ.: , , •
•'- 1. See-.City policy:atatement,•:Submis'sion.Requrements, Appendix I. ,
~ 2. A request for preliminary plat approval must be in the City-Clerks possession
no later than three days,followiny the regular mvF:tiny of the Planning and. .
Zoning Commission. .
3. The Planning and Zoning Commission will hear fhcr request at the monthly
meeting following. the, month the request nas md~ic.
4. After a proposal enters .the process it may Le .urtvd upon at Subsequent monthly
meetings provided the necessary procedures ~~nri .ic,uur.-entat7.on'.are received
before 5:00 P.M., Thursday following the Planrliu~a and Zoning Commission action..
~'
'GENERAL INFORMATION:
• 1. ~ Name of Annexation and Subdivision, F.ranklih-Condo'S _-
2. General location, Southwest 7th P,ve, "leridian, •Idaho
3. Owners of record, Jim Kane, Valley Contractors _____ _~
4948 Kootenai Boise •~i.j: 83705 ~~alephone • 342-7323
Address _ ~ .-._. --•--- ----' - __ .. - • -----•------
~! ~ 4948 Kootenai, Boise
4. Applicant, Jim Kane AddreS:>, ___ __ .
potter & ..^.ssoc . ,Inc . ' r irm Aadress 1.36 E . Idaho,. -
5. Engineer, ~ -- •- -•-~ -••--
^1er.idian, Idaho ,Zip 8364.2 _rel~phone s88-54.91
6. Name and address to receive City billings: NaF~e Potter & P.ssociates, Inc.
Address 136 E. Idaho,P~eridian ziy 83642 -4~eleph~.,ne" 888=5491
PRELIMINARY PLAT CHECKLIST: Subdivision Features
1. Acres p.21
2. Number of lots 4
3. Lots per .acre
4. Density per acre _ '
5. Zoning classification(s). !! - ~esidential__, ___ ____.__
6. If the proposed subdivision. is outside the Meridian City limits-but within the
~.
jurisdictional mile, what is the existing zc>ni'ny crlassil:~~ation N/.. __
7. Does the plat border a pat:~ntial yreen.tx•!r NO _ __ "_"
N. Have retreat: Tonal ~:asement :> bren provided3 .r NO .. ...
- flo
~~. ;~:-i -iter~• rol~osec! re~.r~:.:,e:~ nil am~~i:r~.~,•:,
Explain' . __ ._.__. _._ _- ._. . . - -
~l'. .tE rn<>r+. :itc'~(:~,iat'i :i.,71C':.il :: t: :if .7<•itUll~~;, .~r No
~~X~J~.dltl .,_ _ .. -. ._ .
Fa: <i:tuc," :,~rk_;. NO ix!~I.ii'~
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_-.'REQUEST FOR:PR~I+IMINARY PLAT: Planning .and Zon•ing.Commission continued
,, Page, ,Z .
?a :'
_
~ . "': .
'r PRELIMINARY .PI:AT.~;GFIECKLIST; Subdivision features ~:ontinued
,.
'
' ~ T1. What, school (s)' service th-~ area : F+.erldlan ' . do. you propose any
' agreements fo'r future school •: sites ' Nq .•- ' .,' Explain
~=
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•
~ 12. Other proposed-,amenities~to .the City None Water Supply C1ty
, v _
Fire Department ('~@Y` 1 ~ 1 a n. D 1St . . , Other , Explain
a~~~' ~ „
13. Type of Building (Resi.dential, Commercial',~Industrial or combination),
'-~. _ ~esidenti~l - ---..._.
•~ 14. Type of Dwealing(s) Si.nyle family, Duplexes, Multiplexes, other
. Condo
,n
`~~` __ ..... _...._
•15. Proposed development features:
~~• a. Minimum square footage of iot(s}, 9350 Sq.ft. Total •
r" ~`~~~ ~' ~ '" b. Minimum square footage of structure(s); 905~.Sq..ft.p-•Ur~lt•.
c:. Are garages Provided [or, NO
square footage
'' _
d. Are Qther coverings provided far _ Stair !!ays '
___
,, 4 Yes inscribe Lawns and
~ e. Landscaping has been provided for
} ~ .y
~4'~` f. Trees.wil•1 be provided for Trees will be maintained XX
~~ t}~~ y. Sprinkler. systems are provided for ` _ ____
h. Are there multiple units Y@S Typ,, Cond0 remarks
,r 4 units - one building
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i. Are t~her.e 'special set back requirements ~~~ Explain
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j. Has of.f street parking been ..provided ror
YeS _,_ ,Explain
~~~`~ _
In ori2nal construction ~ `___-_
`~~~; k. Value range of property $125,000 to $150,000 as improved
;:• 1. Type of financing far evelopment N /!.
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6e
in. Protective covenant:.s Xd7~~J~ submitted w/.final Date TB~
x«~~ 16. Does the proposa•1 land lock ather property_N0_ ,
;•,
`°~'
Does it create Enclaves NO
NX Rte .:' Y~
STATEMiiNa'S OF COMPLIANCE
-- ~-'~+ ].. Streets, curbs, gutt'er's crud sidewalkti ar•c~ r~ ht• •+,n.,+ r•'.~.t.eid to standards as
~. required by 'Ada county !figirway Dist•rLCt ..;nti •. .. ;~ :r~ ,.;r:rrcc. Dimensions
;'~ wiil a~ ,ietermined l,y r-iri• ~'it.y Enyiucx:r. ,...,~ ~~i i l :, c• rive (S)
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1
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~ _ ='rOt:;,:,C:~! ,1S(: .., itl 'C)nkUCrni3nl'~-~ Wlt:~ '1! ~!'•r:r'rt?;1CnS1VE e IAn.
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QUEST. ;;FOR P~tELIMINAI2Y PEAT
';Pager 3
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STATFI!lENTS ;bF COMPLIANCE: Continued '
3 Development will connect t:q City services.
4.• Development,"will' comply with City Ordinances. '
. " '~ `' ` Plat:w11 include all appropriate easements.
5". Prel'im~nary- -
6. Street-.`names must not conflict with City grid system. "
DOCUMENTATION RE UIREMENTS:
1. Name-of Subdivision.
2. Scale•of Preliminary Plat shall not be less than 1" equals 100' and shall
include a date,.North point.
3. Location and width of streets, alleys and side~~a:rl.E:~.
4. "Location, width and purpose of all easements. '
5. Lot dimensions.
• 6M. 'Location of existing buildings indicate whether they will remain or be removed.
7_ Location of existing dedicated streets and their width at the points where
they are immediately. adjacent.
8. Vicinity map (scale 1" equals 300') showing thr.> above items and all subdivision
lines within 600' of the exterior bourrdaz•it:~of r.lre plat., or if none, reference
to government section corners.
9.. Any variance(s) requested must be submitted in writing.
10. 27 copies of each item correlated.
11. Compliance with Ordinance #365.
ACTION TO BE TAKEN:
1_ Planning and Zoning accepts, disapproves or accepts with contingencies.
DETERMINATION OF REVIEW:
1. Land use determinations 8r'c• wade.
2. Amenities to the Cit}• are outlined. '
3. This form is completed and technical review fc;lT~.rws from City Departments;
Wastewater Treatment, Public Worl:s, Police, T'i r~• attc9 t:ngineering review.
FEE SCHEDULE:
1. ~„}?..pplication - see Ordinance No. 345.
MtltIllIAN C.CI'Y t:UUNt:ll.. T'Rl::l.f'•11NAh1' E'LA'1'
After approval by the ?lann:ny inri ::ontnc; :'~nnnrrs~::c•+: ~ ~ •'t•; •~ilI be sent to
city Department :~ul>er.visor~. ce~ques~ inq Ce~~:ttitc:<if ~ .. .~. ..:7::,~3i review must
be completed befor~~~ r hr: ~:it.;' roar, ~. ! ! ;~';~c•. • , ~ ~uf-ndo.
'T'IME'T'ABLE FOR SUBMISSIdN:
-- ' .~~, rti.i i ?.
1. See City Policy :~c~,r.~•^~ nt , _.t•~•. -•. .
2 . Ci t; Cvunc i 1 wi 1 ! hea : urn
Planning and Zoning Commi~::!•~:. ;,r Cltec~i.ttji~ t:,~ ..
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6,:
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,y~,MERIDIAN CITY " CQUNCZI, PRELIMINARY • PhAT _ .
• ? - ~ "
~TINIETABf,E sF 4~. ~SISSION :continued:. •.- . , . .:
,.,
.,i` 3.~ `The ;Cit~;Council will. hear the request at the first, meeting of the month
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following 1,tYie month the ::request was;; abted ' on by the: Planning :and .Zoning: .
' .Sf! uy.TYT 4 ) ~ L
ComR-~ssic?n : ~ ~ ~. ..
y.,require anImpact Statement....
4. The`:Czt <Council ma
Y
`:DOCUNIENTAT~XON REQUIREMENTS":`
T. Infarmation"compiled from the Planriing~and .Zoning Commission.
2 Seven !7):, sets; of~plans detailing"named or numbered atreets, sewer Tines;..
waber.lin'es, and. all existing .and proposecY .easements.;.
3. Any ``variance (s) requested must be submitted in writing.
ACTION-TO BE `TAKEN:
• 1.= The `City .Council- will accept,, disapprove or accept frith ,spec~.fic, contingencies.
DETEgl1INATION•OF REVIEW BY CI`PY COUNCIL
1. City Council acts on recommendation from the Planning and Zoning Commission.
2. Amenities to the City are clarified and. committed in writing by. applicant prior
to any approval.
3. Reviews a1l~comments from agencies.and~the City Departments technical review.
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ASSENT OF DIRECTORS
The undersigned Director of :Franklin Condominiums
0
Association, Inc., an Idaho non-profit corporation, having
read and fully considered the foregoing By-laws, hereby
assents to the adoption and hereby adopts the foregoing By-
laws as and for the By-laws of the Franklin Condominiums
Association, Inc.
DATED this day of January, 1982.
.~
.T MES T . KANE
~,J
STATE OF IDAHO )
ss
County of Ada )
being first duly
sworn, deposes an says:
I am the duly elected, qualified and acting Secretary-
Treasurer of the Franklin Condominiums Association, Inc., an
Idaho non-profit corporation, and as such I have the custody
of certain Association records, including the Book of By-
laws to which this Affidavit is attached, and the same is a
full, true and correct copy of the By-laws of said Association
as adopted ;by the Directors of said corporation.
ecretary-Treasurer
~,
SUBSCRIBED AND SWORN To before me this day
of 1982.
h
Notary Public for Ida o
Residing at:
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CONDOMINIUM DECLARATION
FOR
FRANKLIN CONDOMINIUMS
ARTICLE I. Recitals and Certain Definitions.
Section 1.1 The Declarant; The Real Property.
Valley Contractors, Inc., an I aho corporation, (together _
with successors and assigns, collectively, the "Declarant")
is the owner of the following described real property located
in Ada County, Idaho hereinafter referred to as "The Real
Property": Lot 11 of Block 5 in the Fran}~lin Square Sub-
division as the same is platted and recorded in the records
of the Ada County l'.ecorder.
Section 1.2 Intention of Declarant. Declarant
intends to provide or condominium ownership of the Real
Property under the Condominium Property Act of the State of
Idaho.
Section 1.3 The Project. T}~e term "Project"
shall collectively mean the Real Property and all buildings
and other improvements located on the Real Property.
Section 1.4 Type of Ownership. This condominium
project will provide a means or ownership in fee simple of
separate interests in tJnits and for co-ownership with others,
as tenants in common, of Common Area, as those terms are
herein defined.
ARTICLE II. Additional Definitions.
The following terms shall Have the follo~oing
meanings when used herein unless the context otherwise
requires.
Section 2.1 Building. "Building" means one: of
the buildings constructe o the Rcal Property pursuant to
the Declaration.
(a) "Unit" means the separate interest in a
condominium as bounded by the unfinished interior surfaces
of the perimeter walls, floors, ceilings, windows and doors
thereof, including appurtenant patios for units 1 and 3, and
balconies for units 2 and 4, as shown and numbered on the
Condominium Map to be filed for record, together with all
fixtures and improvements therein contained. Notwithstanding
such markings, the following are not a part of a Unit:
bearing walls, columns, floors and roofs (except for t}le
unfinished interior surface thereof, if a perimeter wall,
floor or ceiling), foundations, pipes, vents, ducts,
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flues, conduits., wires, and other utility installations,
wherever located, except the outlets thereof when located
within the Unit. The interior surfaces of a perimeter
window or door means the points at which such surfaces are
located when such windows or doors are closed; the physical
windows and doors themselves are part of the Common area, as
herein defined. In the case of combination of two or more
adjoining Units, those portions of partition walls between
Units which are from time to time used as door openings
between such Units shall be deemed to be divided in half
longitudinally, parallel to the partition wall, and each
half shall constitute part of the Unit which it adjoins, as
Limited Common Area appurtenant to such Unit.
Section 2.3 Common Area. "Common P.rea" means the
entire Project excepting all Units.
Section 2.4 Condominium. "Condominium" means a
separate interest in a Unit, together with an undivided
interest in common in the Common Area (Expressed as a per-
centage of the entire ownership interest in the Common Area)
as set forth in Exhibit A attached hereto and by this
reference made apart hereof, and all appurtenances.
Section 2.5 Owner. "Owner means any person or
entity, including Declarant, at any time owning a Condo-
minium or any interest in a Condominium; the term "Owner"
shall not refer to any Mortgagee, as herein defined, unless
such Mortgagee has acquired title pursuant to foreclosure or
any proceeding in lieu of foreclosure.
Section 2.6 Mortgage. "Mortgage" means any
mortgage, e~-o rust, or other security instrument by
which a Condominium or any part thereof is encumbered..
Section 2.7 Mortgagee. "Mortgagee" means any
person, or~any successor to the interest of such person
named as the mortgagee, trust beneficiary or creditor under
any mortgage, as mortgage is defined in Article II, Section
2.6, under which the interest of any Owner, or successor to
the interest of such Owner, is encumbered.
Section 2.8 Association. "Association" Means
Franklin Con ominium Association, Inc., an Idaho corporation,
not for profit, its successors and assigns, organized as
provided herein.
Section 2.9 Condominium Ma "Condominium Map"
means the Condominium Map or Fran~•Condominiums to be
filed for record in the office of the County Recorder of Ada
County, Idaho, consisting of a plat or survey map of the
surface of the ground of the Real Property showing a survey
map of the surface of the ground of the Real Property showing
a survey and legal description of the Real Property, together
with diagrammatic floor plans of the Buildings showing the
boundaries of each Unit within each Building, including
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horizontal and vertical locations and dimensions of all
boundaries of each Unit, Unit number identifying the Units,
together with such other information as may be included
"~ thereon in the discretion of the Declarant.
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'x "First Mortgage" an "First Mortgagee" shall mean, respectively,
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(a) a recorded Mortgage on a Unit that has legal priority
_ over all other Mortgages thereon, and (b) the holder of a
First Mortgage.
Section 2.11 Institutional Holder. "Institu-
tional Hol er" o a Mortgage shall mean a Mortgagee which is
;_
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a bank or savings and loan association or established
` 4"'~I mortgage company, or other entity chartered under Federal or
~~~~I State laws, any corporation in the business of owning or
` - servicing real estate mortgages, or insurance company, or
'`'~ any Federal or State agency.
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ARTICLE III. Statement of Intention and Purpose.
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.
~~~ Declarant hereby declares that the Project and
every part therof, is held and shall be held, conveyed,
k>~ devised, leased, rented, encumbered, used, occupied and
improved and otherwise affected in any manner subject to the
>.~~ provisions of this Declaration, each and all, of which
`~" provisions are hereby declared to be in furtherance or the
~
~~j general. plans and scheme of condominium ownership referred
to in Article I and are further declared to be for the
Y ~~ benefit of the Project and every part thereof and for the
benefit of,'each Owner. All provisions hereof shall be
;r`S,_~;' deemed to run with the land as covenants running with the
~:~.rl land or as equitable servitudes as the case may be and shall
;4~ constitute benefits and burdens to the Declarant and its
,~.~ assigns and to all persons hereafter acquiring or owning any
r"'~ interest in the Project, however such interest may be
obtained.
~~ ARTICLE IV. Nature and Incidents of Condominium Ownership.
r~?; Section 4.1 Estates of an Owner. The Project is
hereby diva ed into Condominiums, each consisting of a
-'~ separate interest in a Unit and an undivided interest in
common in the Common Area in accordance with the attached
Exhibit A setting forth the Common Area appurtenant to each
~~:_~ Unit. The percentage of ownership interest in the Common +~
Area which is to be allocated to each Unit for purposes of
tax assessment under Section 55-1514 of the Idaho Code and
r,=~: for the purposes of liability as provided by Section SS-1515
~" of such Code shall be the same as set forth in Exhibit A.
Such undivided interest in the Common Area are hereby de-
~'~^ Glared to be appurtenant to the respective Units,
Section 4.2 Title. Title to a Condominium may be
~,1.~, held or owne by an entity and in any manner in ,which title
to any other real property may be held or owned in the State
~~ of Idaho . I
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Section 4.3 Inseparability. No part of a Condo-
minium or oche legal rights comprising .ownership bf a
Condominium may be separated from any part thereof during
the-period of Condominium ownership prescribed herein, so
that each Unit and the undivided interest in the Common Area
appurtenant to such Unit shall always be conveyed, devised,
encumbered, and otherwise affected only as a complete
Condominium. Every gift, dev~.se, bequest, transfer, en-
c~imbrance, 'conveyance or otfier disposition of a' Condominium
or any part thereof shall be presumed to be a gift, devise,
beQuest, transfer,.:encumbrance ox conveyance,.,- respectively,
of the entire Condominium; together with all appurtenant
rights created by law or by this`Declaration..
. Section 4.4 Partition Not Permitted. The Common
Area.-shall be owned in common by all Owners o Condominiums,
and. no Owner may bring any action for partition thereof.
Section 4.5 Owner's Right to Common Area. Sub-
ject to the limitations contained in this Declaration,
including, but not limited to, the Rules-and Regulations
referenced in Section 8.5 herein, each Owner. shall. have the
nonexclusive right to use and enjoy the General Common Area.
Section 4.6 Taxes and Assessments. Each Owner
shall execute such instruments and take such actions as may
be reasonably specified by the Association to obtain separate
real property Tax assessments of the interest of each Owner
in each Condominium. If any taxes or special district or
other assessments may, in the opinion of the Association,
nevertheless be a lien on the Project or any part thereof,
the Association shall pay the same and assess the same to
the Owner or Owners responsible therefor. Each Owner shall
pay the taxes ox assessments assessed .against his Condo-
minium, or .interest therein, or his interest in the Common
Area,-or any part of, any or a11.of the foregoing. Each
Owner shall pay taxes, rates, impositions and assessments
levied against the Project or any part of the Common Area in
proportion to his interest in the. Common Area, such payment
to be made to the Association at least thirty (30) days
prior to the delinquency of such tax or assessment. Each
such unpaid tax or assessment shall bear interest at a~rate
to be determined and set by the Board of Directors of the
Association, within the legal limits on such interest rates,
from and after the time the same becomes payable by each ;
Owner and shall be secured by the lien created by Section:
9.6 hereof.
Section 4.7 Owner's Rights with Respect to Interiors.
Each Owner shall ave t e exclusive right to paint; repaint,,
tile, wax, paper or otherwise maintain, refinish and decorate
the :interior surfaces of the wa;11s, ce.ilings', floors, windows,
and doors forming the boundaries of his Unit and all walls,
ceilings, floors and doors within such boundaries. However,.
all window coverings shall conform to aesthetic standards
set by the Board of Directors of the Association, with said
standards being designed and intended to preserve the archi.-
tectural and aesthetic integrity of the Project.
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Section 4.8- Easements for Encroachments... If any
;paxt o£ the ommon Ar,ea.encroac es or shall ereinaf er
enc.roa~h ,upo.n; a Unit or Units', an easement ;for such n-
cxoachment ar~d for the maintenance of the same shall ,and
.~.,oP's, .exi-c t.. If any part of a Unit encroaches or shaT1
h r~eaf ter encroach upon the Common Area, or-upon an: ad-
j fining Unit or .Units; an ea ement for such encroachment and.
f .r .thE maintenance o'f the.' -same-shall: and. does' exist. Such
e croachments shall not be considered to be encumbrances
wether on the Common Area or the Units. Encroachments
:referred to•hexein include, but re not limited to, en-
croachments:caused by settling, ~ising or shifting of the
earth, or by changes in position caused by repair or re-
construction of:the Project or any part thereof.
Section 4'.9 Easements of Access for Repair,
'Maintenance and __E~me~r~enc~es: Some o the Common Area is or
may 'be locate.. wi't~i~ri;;:the' Units or may be conveniently
accessible only,through the Units. The Owners of other
Units shall, have the irrevocable right, to be exercised by
the-Association 'as their agent, to have access to .each Unit
and to all Common. Area `from time to time during such reason-
able hours as may be-necessary for the maintenance, repair
or replacement of any of the Common Area located therein or
accessible therefrom or for making emergency repairs therein
necessary to pxevent damage to the Common Area or to another
Unit:or'~Unts. The Associationshall also have such right
independent of any. agency relationship.. .Damage to the
inferior of any part of a Unit or Units resulting from the
maintenance,_repair, emergency repair or replacement of any
of the Common•-Area 'or a`s a result of 'emergency repairs
within another Unit at: the instance of the Association or of
Owners shall be an expense of all of the Owners; prodded,
however, that if such damage is the result of negligence of
the Owner of .a Unit, then such Owner shall be financially
responsible for all of..such damage. Such damage shall be
repaired and the property shall be restored substantially to
the same condition as existed prior to damage. Amounts
owning by Owners pursuant thereto shall be collected by the
Association by assessment pursuant. to Article IX below.
Section 4.10 .Owner's Right to Ingress and Egress
and Support'.. Each Owner shall have the rig t to ingress and
egress over, upon and across the Common Area necessary for
access to his Unit and`to the Limited Common'-Area designated
for'use in connection with his Unit, and shall have the
right to the .horizontal and lateral support of his Unit,. and
such rights shall be `appurtenant to and pass with the title
to each Condominium:
Secta:on 4.11 Association's R ht to Use Common
Area.: The Assoc'iato~ s all`-have a nonexclusive easement to
ma .e such use of'the Common Area as may be necessary or
appropriate to perform the duties and functions which it is'.
obligated or permitted to perform pursuant to this Declaration,
including the right to construct and maintain in the Genera`I
Common Area 'maintenance -and 'storage facilities for. use by
the Association. However, any such maintenance and storage
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mid, aest`~:;tic .integrity Qf the
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Section 4.
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Construction. Declarant an persons -it shall' select,, shall _
~ the right to ingress and egress over, upon and .across:
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s the. Common Area, the -xigh;t o store materials thereon and to
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~;~` :; make such othe''r use thereof as may be reasonably necessary.
, incident to.-complete'development~~ of the Project.
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'~ Section 4.13 Easements Deemed Created. All,
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kh : conveyances~on ominiums'herea ter made, whether by the
~~b Declarant or otherwis'e,. shall be construed to„grant and
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reserve such reciprocal easements as shall give effect to
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,~~~ - appears in 'any such conveyance .
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`~' ~ ARTICLE V. Description of a Condominium.
,~~
Every contract for the sale of a Condominium and.
„~~~ every other instrument affecting title to a Condominium may
' describe-thaw Condominium by the number shown on the Condo-
. minum Map w-ith the appropriate. reference to the Condominium
~"'~V F Map and to 'this Declaration as each' appears on the records
of the County Recorder Qf Ada County., Idaho, in the follow-
~~.. ing fashion:
N r
Condominium Unit as shown on the Condo-
^ mnium Map. fox Royale Condomin-iums appearing in the Records
~ of Ada County, 'Idaho, as Instrument No. and
~ as defined: and described in that Condominium Declaration for
~, .
t>' ' ! Royale Condominiums, recorded in the records of Ada!County,
~~'~~;: ~: Idaho , as Instrument No .
k
~- Such description will be construed to describe the
, j Unit, together with the appurtenant undivided interest in
the Common-Area, and .the right to exclusive use of all
4~ appurtenant Limited Common Areas, and to incorporate all the
r
X rights incident to ownership of a Condominium and all the
r,,.Y~~: ? limitations on such ownership as described in this Declaration.
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- ~ ARTICLE VI . Mechanic's Lien Rights.
~,
~ '' ~ N.o Yabor,performed or services o-r materials
furn~hed~w:.th -thee consent of or at .the request of an Owner
~~
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, ~ or h.is agent or his contractor or subcontractor shall be the:.
,
, b'as`is for the filing of a lien .against the Condominium of
' any other Owner, or against any part thereof, or against any
_
~ '~' other property or ,any other, Owner, ;unless such other 'Owner
~
liar expressly, consented to or requested the performance of,
9" such labor furn`shing.of such materials or services. Such
'~ express cons-ent'shall, be deemed to have been given by the
~. ~~ ~:' Owner of any Condominium in_ he case of emergency repairs
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thereto. Labor performed or services-or materials furnished
forthe Project, if duly 'authorized by the Association,
shall `be 'deemed to be pexformed'or furnished with the
express consent of each Owner. Any 9wner may .remove` his
Condominium from:a 3ien against two or more Condomnfiums.ox
any part thereof: b.y p'ayment to the holder of the 1'ie"n of the
fraction of~the `total sum sechred by such lien which'. is
~~..~,.atrxahii4:ah7 e. to his -Condominium.
ARTiTCLE VII:' ~'he Associat3on-:
Section 7,1 Membership. A preliminary copy of~
the Articles' o, Tncorporation arr}}d a copy of the By-Laws of
t~e'Assaciation are attached hereto as Exhibits B and C,
respectively, and hereby.. made apart of this. Declaration.
Every Qwner shall be entitled and required to be a member of
the Association. If:'title to a Condominium is held ;by more
than one person, the'm.embership related to that Condominium
shall be shared `by all; such persons in the same proportionate
in erests and by the same type of tenancy in which the title
to the Gondom.nium is held. An Owner sha1T be entitled to
one membership for each Condominium owned by him. No person
or entity other than=an Owner may be;a member of the Associa-
tion, _and the Artic],es' of Incorporation or By-Laws of the
Associa ion states that the memberships in the Association
may not be transferred-except in connection with the trans-
fer of.a Condom'~.nium, provided, :however, .that the rights of
membership may be assigned to a Mortgagee as further security
for, a loan seeured:by a lien on~a Condominium.
Section 7.2 Voting Rights':, The total number of
Votes whit 'may; a cast` by all members of the Association
shall be as set forth in the Articles of Incorporation and
By-Laws of the,Association, and each;; `Owner shall be entitled
to vote the same percentage of the total number of votes of
the Association as such>Qwner's percentage interest in the
Common Area as set forth; in Exhibit 'A attached ;hereto.
Section..7.3 Transfer. Except as otherwise ex-
pressly state-her-e n,; any~the rights, .,interests and
oblgations'of the Association set forth herein or reserved
herein may be transferred or assigned to any other person ox
entity; provided however, that no such transfer or assign-
ment shall relieve the'Association of any of the obligations
set forth herein. Any such transfer or assignment shall not
revoke or change any of the rights or obligations of any
Owners set forth herein.
Section 7.4 Am lification. f~The provisions of
th~:'s Ar"tic 'e are amplifie by t e Articles of Incorporation
of. the Association and by the By-Laws of .the Association;
provide, however, that no present or future provision of
such Art~.cles of InCaxporation~or By-Laws shall substantia.3,ly
alter or amend' any of the rights' ar obligations of the
Owners 'set ~ forth H'erein'.
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Section 7.5 Certain Rights of Mortgagees .'• Any
Institutional I~ol~er of a.First Mortgage on a Unit i~ the
Project shall, '-upon r,e.quest, be .,.entitled to : (a) in`'spect,
during normal business hours, the books and records Hof the
Assoc~.ation, and all contracts, authorizations for payment,
and any other documents'pertaining to the. Project; and (b)
~eeeive an annual financial statement, prepared by an in-
de:pendent certified public accountant in accordance with
generally acCep.ted..accounting principles, within, ninety (90)
days following the end of any fiscal` year (which financial
statement $ha11 be audited-if_r~quested by the First Mortgagee);
and (c) receive written,notice of all meetings of the Associa-
tion. In addition, any First Mortgagee may attend or
designate a representative to attend`the meetings of the
Association.
ARTICLE VIII: Certain Rights and~Obligations of the
AssoG~.aton.
Section 8.1 The Mana ement Body. Royale Condo-
minum Assocsation, Inc., an I aho corporation, is hereby
designated to be the "Management Body" as provided in
.Sections 5.5-1503 and 55-1506 of the Idaho Code, and shall
a.dmini~s er the Project in accordance with the Condominium
Property Act of such Code 'the Articles of Incorporat-ion and
By-haws-of .the Association, and the provisions of this
' Declaration..
Section 8.2 Maintenance and Repair. The Associa-
t~pn, s,u.bjeGt to t e rig is o t e Owners set .forth in
Article TV hereof, shall be responsible for the exclusive,
management"and contxa~. of the Common Area and all improve-
-:rhentsthereon. The Association shall also be responsible
for 'the maintenance and repair of exterior-surfaces of all
Buildings and impxovements~located on'the Project together
with the patio .for each ,unit;, including without limitation,
tfe _painting of the same as 'often as 'necessary, and jreplace-
ment of trim and caulking, the maintenance and reparof
roo:~s, the maintenance and repair.. of .other, Common Area,
including utility lines,•areas for access to-.any automobile
parking, structures constituting paxt;of the Condomniums.and
al other improvements or'materials located within or used
in, connection with the Gommon'Area. °The`Association shall
maintain in a proper, first-class. manner, all landscaping.
and 'natural.vegetat'ion constituting part of the Common Area,
including assuring the preservation of good visual continuity
_ :. be.twe.en; landscaped areas 'and natural, vegetation. The specifi-
Ga.~t~:ox o~ duties of the. Asaociation with respect to .particular
com~on Area sha11'not be construed to limit its duties with.
re -pect~~-to otkie~;-Common~Area~- as~-set'forth in'the `first _
sente'nce' of" his Section. The cost of such. management,
`maintenance and repair„by the Association shall be borne, as
provided in `Article '~X;:
The.Association shall 'have the right to grant
~as~mEnts for utility purposes-over, upon, across, under or
through any portion. of the Common Area,. and-each Owner
hereby ~.rrevocably appoints this Association as'attorney-in-
fact for such purpose.,
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Section 8.3 Miscellaneous Services. The Associa-
tion may obtain and pay or the services o any person or
entity to manage its affairs, or any part thereto, to the
extent it deems advisable, as well as such other personnel
as the Association shall determine to be necessary or desirable
for the proper operation of the Project, whether such per-
sonnel are furnished or employed directly by the Association
or by any person or entity with whom or which it contracts.
Any contract with a managing agent shall have: a tern :-~ --
longer than one (1) year (but may be renewable by agreement
of the parties for successive 1-year periods) and ~sha11 be
terminable by the Association without payment of a termina-
tion fee, either (1) for cause, on thirty (30) days' written
notice, or (2) without cause, on not more than ninety (90)
days' written notice. The Association may obtain and pay
for Iegaliand accounting services necessary or desirable in
connection with the operation of. the Project or the enforce-
ment of this Declaration. The Association may arrange with {
others to furnish electrical, water, sewer, trash collection
services, and other common services to each Unit.
Section 8.4 Personal Pro erty for Common Use.
The Association may acquire and hold or the use and bsnefit
of all of the Owners tangible and intangible personal property
and may dispose of the same by sale or otherwise, and the
beneficial interest in any such property shall be deemed to
be owned by the Owners in the same proportion as their
respective interests in the Common Area. Such interest
shall not be transferable except with the transfer of a
Condominium. A transfer of a Condominium shall transfer to
the transferee ownership of the transferor's beneficial
interest in such property without any reference thereto.
Each Owner may use such property in accordance with the
purpose for which it is intended, without hindering or
encroaching upon the lawful rights of other Owners. The
transfer of title to a Condominium under the foreclosure
shall entitle the purchaser to the interest in such personal
property associated with the foreclosed Condominium.
Section 8.5 Rules and Regulations. The Association
may make reasonable rules and regulations governing the Lase
of the Units and of the Common Area, which rules and regula-
tions shall be consistent with the rights and duties established
in this Declaration. The Association may take judicial.
action against any Owner to enforce compliance, all to the
extent permitted by law. {
Section 8.6 Implied Rights. The Association may
exercise any other right or privilege given to it expressly
by this Declaration or by law, and every other right or
privilege reasonable to be implied from the existence of any
right or privilege given to it herein or reasonably necessary
to effectuate any such right or privilege.
ARTICLE IX. Assessments.
Section 9.1 Agreement to Pay Assessment. Declarant,
for each Condominium owned by it within the project, and for
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and as the Owner of the Project and every part thereof,
hereby covenants, and each Owner of any Condominium by the
acceptance of a deed therefor, whether or not it be so
expressed in the deed, shall be deemed to covenant and agree
with each other and with the Association for the purposes
provided in this Declaration, and special assessments for
capital improvements and other matters as provided in this
Declaration. Such assessments shall be fixed, established
and collected from time to time in the manner provided in
this Article. Declarant's obligation to pay said assess-
ments, in connection with any and all uazsold units title to
which has remained in Declarant, shall commence 10 days
following receipt by Declarant of the Notice of Substantial
Completion from the project architect and shall continue
until the sale of each unit.
Section 9.2 Amount of Total Periodic Assessments.
The total perio is assessments against all Condominiums
shall be based upon advance estimates of cash requirements
by the Association to provide for the payment of all esti-
mated expenses growing out of or connected with the main-
tenance and operation of the Common Area or furnishing
electrical, water, sewer and trash collection and services,
and other common services, to each Unit, which estimates may
include, among other things, expenses of management,~in-
eluding pool maintenance and maintenance of all other Common
Area; taxes and special assessments, until the Condominiums
are separately assessed as provided herein; premiums',for all
insurance which the Association is required or permitted to
maintain pursuant hereto; landscaping and care of grounds,
common lighting and heating; water charges; trash collection;
sewer service charges, repairs and maintenance; wages for
Association employees; legal and accounting fees; any deficit
remaining from a previous period; the creation of a reason-
able contingency reserve, surplus and/or sinking funds,
including a reserve fund for maintenance, repairs and replace-
. ment of elements of the Common Area that must be replaced on
a periodic basis; and any other expenses and liabilities
which may be incurred by the Association for the benefit of
the Owners under or by reason of this Declaration.
Section 9.3 Apportionment of Periodic Assessments.
Expenses attri utable to the Common Area. and. to the Project
as a whole shall be apportioned among all Owners in proportion
~ to the interest in the Common Area owned by each.
Section 9.4 Assessments for Common Expenses. The
Association s all make assessments at least annually, which
assessments shall be based upon anticipated common expenses
which will become payable, a suitable provision for accumula-
tion of reserves, any surplus or deficit carried over from
the preceding period, and any expected income to the Associa-
tion. Such assessments shall be divided into equal install-
ments, the frequency of which shall be set by the Associa-
tion and shall be at least quarterly, to be paid in advance
of the period of time covered by the assessment in question.
The installment shall be assessed to the Owners .(including
~ieciaraii, j in proportion to the interest in the Common Area
owned by each. Assessments shall begin accruing with respect
to~each Unit upon the closing of the initial sale of that
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Unit by Declarant, or upon receipt of the notice o~ sub-
stantial completion for that Unit from the project architect
or receipt of the certificate of occupancy for that Unit
from the City of Ketchum, whichever shall first occur.
During such time as garbage collection charges and any other
uti~.ity or service charges are based on the number of oc-
cupied Units, any units owned by Declarant and not occupied
shall be exempt from assessment for such charges. On or
before the first day of each assessment period, each Owner
shall pay to the treasurer of the Association the assessment
due for that period. Any assessment not paid by the first
day'of the period for which it is due shall be delinquent
and shall bear interest at the rate of thirteen percent
(13~) per annum.
Section 9.5 Special Assessments for Capital
Improvements. In addition to the annual assessments authorized
y this Article, the Association may levy at any time a
special assessment, payable over such a period as the Associa-
tion may determine for the purpose of defraying in whole or
in part, the cost of any construction or reconstruction,
unexpected repair or replacement of the Project or any part
thereof, or for any other expense incurred or to be incurred
as provided in this Declaration. This Section shall not be
construed as an independent source of authority for the
Association to incur expenses, but shall be construed to
prescribe the manner of assessing for expenses authorized by
other Sections hereof which shall make specific reference to
this Article. Any amounts assessed pursuant hereto shall be
assessed to Owners in proportion to the interest in the
Common Area owned by each. Notice in writing of the amount
of such special assessments and the time for payment thereof
shall be given promptly to the Qwners, and no payment shall
be due less than thirty (30) days after such notice shall be
given. A special assessment shall bear interest at the rate
of thirteen percent (13%) per annum from the date it becomes
due and payable if not paid within thirty (30) days after
such date.'
Section 9.6 Lien for~Assessments. All sums
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assessed to any Condominium pursuant to this Article,
together with interest thereon as provided herein, shall be
secured by a lien on such Condominium in favor of the Associa-
tion upon recordation of a notice of assessment as herein
provided. Such lien on such Condominium in favor of the
Association upon recordation of~a notice of assessment as
herein provided. Such lien sh~.ll be superior to all other
liens and encumbrances on such condominium except only for:
(a) valid tax and special assessment liens on the Condo-
minium in favor of any governmental assessing authority; (b).
a lien for all sums unpaid on aGfirst Mortgage, or on any
Mortgage to Declarant, duly recorded in Ada County, Idaho
real estate records, including all unpaid obligatory ad-
vances to be made pursuant to such Mortgage and all amounts
advanced pursuant to such Mortgage and secured by the lien
thereof in accordance with the terms of such instrument
provided the mortgage shall have been recorded prior to the
recordation of a Notice of Lien assessment; and (c) labor of
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materialmen's liens to the extent required by law. All
~ty~ other lienors acquiring liens on any Condominium after this
Declaration shall have been recorded in said records shall
`'~ be.deemed to consent that such liens shall be inferior to
z~~k`. future liens for assessments as provided herein, whether or
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not such consent be specifically set forth in the instru-
ments creating such liens.
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To create a lien for sums assessed pursuant to
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. this Article, the Association may prepare a written notice
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:w;~;~ of .assessment setting forth the amount of the assessment,
the date due, the amount remaining unpaid, the name ~f•tho
~~ '~~~ record owner of the Condominium and a description of the
'~ r;"° Condominium. Such a notice shall be signed by the Associa-
~_ ,
tion and may be recorded in the office of the County Recorder
~`~ of Ada County, Idaho. No notice of assessment shall be
a, {~ recorded until there is a delinquency in payment of the
assessment. Such lien may be enforced by sale by the Associa-
T ~` tion after failure of the Owner to pay such an assessment in
~~r
R_: accordance with its terms, such sale to be conducted in the
~' manner permitted by law in Idaho for the exercise of power
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~ of sale in deeds of trust or in any other manner permitted
~ ~~ by law. In .any such foreclosure, the Owner shall be re-
quired to pay the costs and expenses of such proceeding, the
costs and expenses of filing the notice of assessment and
~'~ all reasonable attorney's fees. All such costs and expenses
~~--~ shall be secured by the lien being foreclosed. The Owner
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period of foreclosure. The Association shall have the right
,~,~~;;; and power to bid at the foreclosure sale or other legal sale ..
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and to acquire, hold, convey, lease, rent, encumber, use and
otherwise deal with the same as the Owner thereof.
°` A further notice stating the satisfaction and
#~~= release of any such lien shall be executed by the Associa-
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~ tion and recorded in the Ada County, Idaho real estate
• records, upon payment of all scans secured by a lien which
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~r."': Any encumbrancer holding a lien on a Condominium
may pay, but shall not be required to pay, any amounts
:~~_K 7
secured by the lien created by this Section, and upon such
payment such encumbrancer shall be subrogated to all rights
'r``' of the Association with respect to such lien, including
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The Association shall report to any encumbrancer
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~~~~ of a Condominium any unpaid assessment remaining. unpaid for
longer than nintey (90) days after the same shall have
'a ~ become due; provided, however, that such encumbrancer first
`~~;.r;;-~ shall have furnished to the Association written notice of ~`
`'" -'" such encumbrance .
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~~.~YN~ Section 9.7 Personal Obligation of Owner. The
~.f amount of any periodic or special assessment against any
'; Condominium shall be the personal obligation of the Owner
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thereof to the Association. Suit to recover a money judg-
ment for such personal obligation shall be maintainable by
the>Association without foreclosing or waiving the lien,
securing the same. No Owner may avoid or diminish such
personal obligation by waiver of the use and enjoyment of
any of the Common Area or by abandonment of ]zis Condominium.
Section 9.8 Statement of Account. Upon payment
of a reasonable -ee, an upon written request of any Owner
or any Mortgagee, prospective Mortgagee or prospective
purchaser of a Condominium, the Association shall issue a
written statement setting forth the amount of the unpaid
assessments, if any, with respect to such Condominium, the
amount of the current periodic assessment and the date that
such assessment becomes or' became due, credit for advances,
payments or prepaid items, including, but not limited to, an
Owner's share of prepaid insurance premiums, which statement
shall be conclusive upon the Association in favor of persons
who'rely thereon in good faith. Unless such request for
a statement of account shall be complied with within thirty;
(30) days„ all unpaid assessments which became due prior to
the date of making such request, shall be subordinate to the
lien of a Mortgagee which acquired its interest subsequent
to requesting such stat~ment. Where a prospective purchaser
makes such request, bot~i the. lien for such unpaid assess-
ments and ~he personal Qbligation of the purchaser shall be
released automatically f the statement is not furnished
within the thirty (30) ~ay period provided herein, and
thereafteran additional written request is made by such
purchaser and is not complied with within ten (10) days, and
the purchaser subsequently acquires the Condominium.
ARTICLE X.' Use of Condominium.
Section 10.1 Residential. Each Condominium shall
be used for residential purposes only, and no trade or
business of any kind may be carried on therein. Lease or
rental of ~ Condominium for lodging or residential purposes
shall not e considered to be a violation of this covenant.
Any lease 'fir rental agreement for a term greater than thirty
(30) days must be in writing, and any such lease or rental
agreement must provide that its term shall be subject in all
respects to the provisions of this Declaration and the By-
Laws and Rules and Regulations of the Association and that
any failure by the tenant to comply with the terms of such
documents,':,rules and regulations shall be a default under
the lease or rental agreement, and .;that the Owner grants to
the Association and its managing agent the authority to
evict the ;tenant on the Owner's behalf for such default,
upon only 'such notice as is required by law; provided,
however, that if any lease or rental agreement does not
contain the foregoing provisions, such provisions shall
nevertheless be deemed to be a part thereof and binding upon
the Owner and tenant by reason of their being stated in this
Declaration.
Section 10.2 Use of Common Area. There shall be
no obstruction o the Common Area, nor shall anything be
stored on any part of the Common Area without the prior
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written consent of for removedtf~om thetCommonhAreabexceptred
on,-constructed in,
upon the prior written consent of the Association.
Section 10.3 Prohibition of Damage and Certain
Activities. Nothing shall be done or kept in any Unit or in
t e Common Area or any part thereof which would result in
the cancellation of the insurance on the Project or any part
thereof or increase the rate of the insurance on the Project
or any part thereof over what the Association, but for such
activity, would pay, without the prior written consent of
the Association. Nothing shall be done or kept in any ?Jnit
or in the Common Area or any part thereof which would be in
violation of any statute, rule, ordinance, regulatibn,
permit or other validly imposed requirement of any govern-
mental body. No damage to, or waste of, the Common Area or
any part thereof shall be committed by any Owner or an
invitee of any Owner, and each Owner shall indemnify and
hold the Association and the other Owners harmless against
all loss resulting from any such damage or waste caused by
him or his invitees, provided, however, that any invitee of
the Declarant shall not under any circumstances, be deemed
to be an invitee of any other Owner. No noxious, destructive
or offensive activity shall be carried on in any Unit or in
the Common Area or any part thereof, nor shall anything be
done therein which may be nor may become an annoyance or
nuisance to any other Owner or to any person at any time
lawfully residing in the Project.
Section 10.4 Animals. The Association may, by
rules or regulations, prohibit or limit the raising, breed-
ing, or keeping of animals, livestock, or poultry in any
Unit or on the Common Area or any part thereof.
Section 10.5 Rules and Regulations. No Owner
shall violate the rules and regulations for the use of the
Units and of the Common Area as adopted from time to time by
the Association.
Section 10.6 Maintenance of Interiors. Each
Owner shall keep the interior o his Unit, including, with-
out limitation, interior walls, windows, glass, ceilings,
floors and permanent fixtures and appurtenances thereto, in
a clean, sanitary and attractive condition, and good state
of repair, and shall keep the Limited Common Area designated
for use in connection with his Unit in a clean, sanitary and
attractive condition, and shall be responsible for main-
tenance., repair and replacement of all heating equipment,
plumbing fixtures., electrical fixtures, air conditioning
units and water heater servicing his Unit exclusively, -
except that maintenance and repair of the parking areas
shall be the responsibility of the Association.
Section 10.7 Structural Alterations. No structural
alterations to any. Unit shall be made, and no plumbing,
electrical or similar work within the Common Area shall be
done, by any Owner without the prior written consent of the
Association, except that an Owner may do such work as may be
appropriate to maintain and repair Limited Common Area
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appurtenant to such Owner's Unit. Notwithstanding anything
to the contrary contained in this Declaration, Owners may
not modify, paint or otherwise decorate, or in any way alter
their respective Limited Common Areas without prior written
approval from the Association.
ARTICLE XI. Insurance.
P Section 11.1 Types of Insurance. The Association
shall obtain an keep in ull orce an e feet at all times
the following insurance coverage provided by companies duly
authorized to do business in Idaho. The provision of this
Article shall not be construed to limit the power of authority
of the Association to obtain and maintain insurance coverage,
in addition to any insurance coverage required hereunder, in
such amounts and in such forms as the Association may deem
appropriate from time to time. Notwithstanding any other
provisions herein, the Association shall continuously
maintain in effect casualty, flood, and liability insurance
and a fidelity bond that meets the insurance and fidelity
bond requirements for condominium projects established by
the~Federal National Mortgage Association, Federal Home Loan
Mortgage Corporation, and the Government National Mortgage
Association, so long as either is a mortgagee or owner of a
unit within the Project, except to the extent such coverage
is not available or has been waived in writing by said
agencies. All such insurance policies and fidelity bonds
shall provide that coverage may not be cancelled or sub-
stantially modified (including cancellation for nonpayment
of premium) without at least thirty (30) days' prior written
notice to any and all insureds named therein, including
Owners, Mortgagees, and designated serviccrs of Mortgagees.
(a) Casualty Insurance. The casualty insurance
shall, at a minimum, consist o a standard form of fire
insurance policy with extended coverage endorsement in an
amount equal to the full replacement value (i.e., 1000 of
current replacement cost exclusive of land, foundation,
excavation,' and other items normally excluded from coverage)
of the Common Area and facilities, the Units, and all fixtures
and equipment belonging to the Association with an "Agreed
Amount Endorsement" or its equivalent, if available, or an
Inflation Guard Endorsement. In addition to protection
against loss or damage by fire and other hazards covered by
the standard extended coverage endorsement, the policy shall
provide protection against loss or damage from sprinkler
leakage, debris removal, cost of demolition, vandalism,
malicious mischief, windstorm, water damage, and such other
risks as are customarily covered with respect to residential
condominium projects of similar construction in the area of
Boise, Idaho. The policy or policies shall provide for
separate protection for each Unit to the full insurable
replacement value thereof (limited as above provided), and a
separate loss payable endorsement in favor of the Mortgagee
or Mortgagees of each Unit. The policy or policies shall
provide that, notwithstanding any provisions thereof which
give the carrier the right to elect to restore damage in
lieu of making a cash settlement, such option shall not be
exercisable without the prior written approval of the Association.
6
(b) Public Liability and Property Damage Insurance.
The Association shall purchase broad orm comprehensive
liability coverage in such amounts and in such forms as it
seems advisable to provide adequate protection. Coverage
shall include without limitation, liability for personal
injuries, operation of automobiles on behalf of the Associa-
tion, and activities in connection with the ownership,
operation, maintenance and other use of the Project.
(c) Workmen's Compensation
Liability Insurance. The Association
compensation and employer's liability
other similar insurance in respect of
Association in the amounts and in the
required by law.
and Employer's
shall purchase workmen's
insurance and alp
employees of,the
forms now or hereafter
(d) Fidelit Insurance. Fidelity bonds shall be
obtained to affor coverage to protect against dishonest
acts on the part of those officers, directors, trustees, and
employees of the Association or the managing agent and all
other persons who handle or are responsible for handling
funds of the Association and be in an amount that will
provide a level of coverage generally considered adequate by
prudently managed business concerns in Ada County, Idaho,
unless broader coverage (e.g. of other persons) or a higher
amount is required by any Mortgagee. In determining tl~e
level of coverage, the Association may rely on the advice of
a competent, independent insurance broker. All such fidelity
bonds shall name the Association as an obligee and. contain
waivers of any defense based upon the exclusion of persons
who serve without compensation from any definition of
"employee" or similar expression.
(e) Other. The Association may obtain insurance
against such other risks, of a similar or dissimilar nature,
as it shall deem appropriate with respect to the Project,
including any personal property of the Association located
thereon, and/or officers' and directors' liability insurance.
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Section 11.2 Optional Insurance. The Association
may obtain,t e o~ Mowing types o insurance coverage, but it
is not required to do so.
!(a) Personal Pro ert Casualt Insurance. The
Association may in ~.ts iscretion, obtain insurance on the
personal property and furnishings initially placed in the
Units of Owners by Declarant upon completion of construction
of the Project in such amounts as shall provide for the full
replacement thereof in the eve~t of damage or destruction
from casualties against which such insurance is obtained.
(b) Casualty and Pub?lic Liability Insurance. The
Association may in its discretion, obtain casualty an
public liability insurance coverage, in amounts it may
select, with respect to an Owner's activities within each
individual Unit and for activities of the Owner, not acting
by the Association, with respect to the Common Area.
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Section 11.3 Form. Casualty insurance shall be
ca~.ried in a~orm or orms naming the Association the insured
as ,trustee for the Owners, which policy or policies shall
specify th interest of each Condominium Owner (Owner's
name, Unit number, the appurtenant .undivided interest in the
Common Are ) and whic}~ policy or policies shall provide a
standard 1 ss'payable clause providing for payment of in-
surance pr ceeds to_the Association as trustee for the
Owners and~for the respective first Mortgagees, such proceeds
to be used in accordance with this Declaration. Each policy
shall also{provide that it cannot be cancelled by either the
insured or~the insurance compnay until after ten (10) days'
prior written notice is first given to each Owner and to
each first~Mortgagee. The Association shall furnish to each
Owner who bequests it and to the Declarant a true copy of
such policy together with a certificate identifying the
interest o~ the ':Owner. All policies of insurance shall
provide that the insurance thereunder shall be invalidated
or suspended only in respect to the interest of any particular
Owner guilty of breach of warranty, act, omission, negli-
gence or non-.compliance with any provision of such policy,
including payment of the insurance premium applicable to
that Owner's interest, or who permits or fails to prevent
the happening of any event, whether occurring before or
after a loss, which under the provisions of such policy
would othe~wise invalidate or suspend the entire policy.
All policies of insurance shall provide ;further that the
insurance ~Znder any such policy as to the interest of all
other insured Owners not guilty of any such act or omission,
shall not ~e invalidated or suspended and shall remain
in full fo` ce and ef~ect.
Public lal~illity and property damage insurance
shall name., the Assoc anion the insured,,as trustee for the
Owners,' an'd shall pr~te,ct ',each Owner against liability for; f
acts of th'e Association iri connection with the ownership,
operation,~maintenan e or 'other use of the Project.
Section 11 4 ~ Owner's Res onsiblit Insurance
Y
coverage on the urn !shin s initially placed in the Unit by
Declarant ,'unless th A~ssgciatibn pursuant to Section 11.2
hereof elects to arr ng'e for, such casualty insurance, and
casualty and public ~ia~bilit~ insurance-coverage within each
individual- Unit and ~Or~ a ti~rit~ies of the Owner, not acting
by the Association, with ~espec't to the Common Area, unless
the .Association pursuanit o ec~tion 11.2 hereof elects to
arrange for such casual;ty~in~urance. Insurance coverage on
items on personal prope'rty placed in the Unit by Owner shall
be the !responsibility oFf the~,re~pective Owners, unless the
Association elects to airr~.nge or such insurance.
Section 11.5' Insura ce Proceeds. The Association
shall receive the proceeds o any casualty insurance r~yr.??nts __
received under policies obtained and maintained pursuant to
this Article. The Association `sha'll apportion they proceeds
to the ~por'tions of the Project which have been damaged and
shall determine the amount of the proceeds attributable to
damagejto ,the Common Area. To the extent that reconstruction
is required herein, the proceeds shall be used for such
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a~~4~ purpose. To th.e extent that reconstruction is not required
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herein and there is a determination that the Project shall
not be rebuilt, the proceeds shall be distributed in t}ie
same manner herein provided in the event of sale of uo5oiete
~'` Units, as set forth in Section 13.4. Each Owner shall be
bound by the apportionments of damage and of the insurance
~~`' proceeds made by the Association pursuant hereto, but
without affecting the rights of any Mortgagee.
~x.~y
t .:.. Section 11.6 Owner's Own Insurance. Notwith-
standing, the provisions o Sections 11.1 and 11.2 hereof,
,.,~F, each Owner may obtain insurance at his own expense pro-
~,_ viding coverage upon his Condominium, his personal property,
for•his personal liability, and covering such other risks as
he may deem appropriate, but each such policy shall provide
'~~~ that it does not diminish the insurance carrier's coverage
t:;.~ for liability arising under insurance policies which the
~~,<Y; Association obtains pursuant to this Article. All such
`~~ insurance of the Owner's Condominium shall waive the in-
-
' surance company's right of subrogation against the Associa-
- .
.
~~~~};
tion, the other Owners, and the servants, agents and guests
ti":'
' of any of them, if such insurance can be obtained in the
'"` normal practice without additional premium charge for the
„ :. waiver of rights of subrogation.
,,~„ ,
~;y ARTICLE XII. Casualty Damage or Destruction.
`~
:;>;_, Section 12.1 Affects Title. Title to each Condo-
"~'" minium is ereby made subject to the terms and conditions
hereof, which bind the Declarant and all subsequent Owners,
whether or not it be so expressed in the deed by which any
~~~~' Owner acquires his condominium.
` Section 12.2 Association as Agent. All of the
~~I Owners irrevocably constitute and appoint the Association
"`'~ their true and lawful attorney-in-fact in their name, place
~' and stead for the purpose of dealing with the Project upon
`~
`° its dama e or destruction as hereinafter
g provided. Acceptance
_
' by any grantee of a deed from the Declarant or from any
~.-.; Owner shall constitute such appointment.
`'"~' "~°
~ Section 12.3 General Authority of Association.
`~ ~
~ As attorney-in- act, the Association shall have ull and
~~ complete authorization, right and power to repair or re-
r construct any Unit at the expense of its Owner; and if the
k{<~'-.°"'~
~ Association is not properly reimbursed for the cost of such
„~~ . repair or reconstruction, the Association may place a
rr.~''~~
~,, . lien upon said Unit and enforce the same pursuant to the
provisions of this Declaration and Idaho law. Repair and
~~`~'! reconstruction of the improvements as used in the succeeding
subparagraphs mean restoring the Project to substantially
the same condition in which it existed prior to damage, with
~~~~~, each Unit and the Common Area having substantially the same
~4
vertical and horizontal boundaries as before.
f~;~ i Section 12.4 Estimate of Costs. As soon as
practicable after an event causing damage to, or destructions
<, of, any part of the Project, the Association shall obtain
k'Y°',, estimates that it deems reliable and complete of the costs
~, of repair or reconstruction of that part of the Project
~:M:;;;;i~~ damaged or destroyed.
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?~. ~- Section 12.5 Repair or P.econstruction. As soon
-~~
~~
as practicable 'a ter receiving these estimates the Associa-
tion shall diligently pursue to completion the repair ^r
reconstruction of that part of the Project damaged or destroyed.
~
„~ ~" The Association may take all necessary or appropriate action
,
;: to affect repair or reconstruction, as attorney-in-fact for
Mt
E the Owners, and no consent or other action by any Owner ~N.:.-
'a~~' shall be necessary in connection therewith. Such repair or
reconstruction shall be in accordance with the original '~`-' -
"~ plats and specifications the Association may approve, provided
~, that in such latter event the number of cubic feet and the
, number of square feet of any Unit may not vary by more than
So from the number of cubic feet and the number of square ~
fife
~
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feet for such Unit as originally constructed pursuant to
,
_
,,
~ .~ such original plans and specifications, and the location of _
~°
~~ ~i the Buildings shall be substantially the same as prior to ~~
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~~
damage or destruction. However, said reconstruction plans
,,
~ ~'
-~ and specifications may provide for a change or changes ~
~k;' which exceed the limitations contained in the preceding
~' sentence herein, on the condition that said changes are
unanimously approved by the membership of the Association.
fYf
Section 12.6 Funds for Reconstruction. The
4-~''~' proceeds o any insurance collected shall be available to
~} ~~ the Association for the ur ose of repair or reconstruction,
P P
~
,, .
~`'~~' unless there has been an agreement not to rebuild under
r-.~ Section 12.8 hereinbelow. If ,the proceeds of the insurance
~, are insufficient to pay the estimated or actual cost of such °'~ .:
~;~ repair or reconstruction, the Association, pursuant to
Article IX hereof, may levy in advance a special assessment
sufficient to provide funds to pay such estimated or actual costs
of repair or reconstruction. Stich assessment shall be
~ allocated and collected as provided in that Article. Further
"#a'
~~~ levies may be made in like manner if the amounts collected -°
~~ `~
' prove insufficient to complete the repair or reconstruction. ~
~<
~ Y' Section 12.7 Disbursement of Funds for Repair
or Reconstruction. The insurance proceeds hel by the
Association an the amounts received from the assessments
~ .~'~ provided for in Section 12.6 constitute a fund for the
payment of cost of repair and reconstruction after casualty.
~ It shall be deemed that the first money disbursed in payment ~~..
~w;~ for cost of repair or reconstruction shall be made from ~,
~~
insurance proceeds; if there is a balance after payment ~~
-
'
,x of all costs of such repair or reconstruction, such balance a
~~' ~ shall be distributed to the Owners in proportion to the
` contributions by each Owner pursuant to the assessments by
,~ . ''~'; the Association under Section 12.6 of this Declaration. '~ `~
;~ ~
Section 12.8 Decision Not to Rebuild. If all ~_~ -
t _ Owners and all holders o first Mortgages on Condominiums ~` '~""`
~;~'~, agree not to rebuild, as provided herein, the Project shall
~
~~
,~,
~~
~ be sold and the proceeds distributed in the same manner -
~' ~ herein provided in the event of sale of obsolete Units, as
,+t
~,° set forth in Section 13.3.
In the event any Mortgagee should not agree to
~.
{'~`'' rebuild, the Association shall have the option to purchase
st,= such Mortgage by payment in full of the amount secured
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thereby if the Owners are in unanimous agreement to rebuild.
~~
The Association shall obtain the; funds for such purpose by
#~~~~'~'"'- special assessments under Article IX of this Declaration.
~, ARTICLE XIII. Obsolescence.
~~ '~~'' ~ Section 13.1 Adoption of a Plan. All record
_ Owners, as r~lecte~c on t e records o Ada County, Idaho, of
_
~y}~~_' the,Units may agree that the Project is obsolete and adopt a
-' written plan for its renewal and reco nstruction, which plan
°#~' shall have the unanimous approval of all first Mortgagees of
~`sr record at the time of the adoption of such plan. Written
' notice of adoption of such plan shall be given to all Owners.
~~- ~`~
~ Such plan. shall be recorded with the Recorder of Ada County,
~ `+'
r Idaho. In the event that one or more first Mortgagees fail
~~~`'' to approve such a proposed plan, the Association, upon
i~,,;
~ unanimous approval of its membership, shall have the po.ver
w
~~;:~" to pay off any such Mortgagee or Mort gagees, and to make
`~
~;.~, whatever financial arrangements are r equired in order to do
Section 13.2 Payment for Renewal and Reconstruction.
~,~,: The expense o renewal or reconstruction shall be payable by ~
~`
u~~ all of the Owners as assessments against their respective
~`°'`` Condominiums. These assessments shall be levied in advance
~ pursuant to Article IX hereof and shall be allocated and
~;~;; collected as provided in that Article. Further levies may
~-.~~ be made in like manner if the amounts collected prove in-
~- ~,;+
t
~
' sufficient to complete the renewal and reconstruction.
,
~ ~ ~~
,.. ~
~`~ ~ Section 13.3 Sale of Obsolete i}nits. All or the
' ,:
y g
Owners ma a ree that the Con ominiums are obsolete and that
the Project should be sold. Such an agreement must have the
z
s;,; unanimous approval of every first Mortgagee of record at the
"
time such agreement is made. In the event that one or more ~
r
{,~ first Mortgagees fail to approve such a proposed agreement,
'~:~~~~ the Association, upon unanimous approval of its membership,
-~1~;
~ shall have the power to pay off any such Mortgagee or Mortgagees,
i'
r
-*!
and to make whatever financial arrangements are required in
~;~;,~;,; order to do so. In such instance the Association shall
~~; forthwith record a notice setting forth such fact or facts,
~~ :.:4'`
`' and u on the recordin of such notice b the Association the
p g Y
Project shall be sold by the Association as attorney-in-
~~ ~ fact for all of the Owners free and clear of the provisions ~hr
~~" ~~ contained in this Declaration, the Condominium Map, and the
~''°~~t~!' By-Laws. The sale proceeds shall be apportioned among the !:
~ ;; Owners in proportion to each Owner's percentage interest in
~~'~~~' the Common Area exclusive of the amounts
paid for personal
~~~;>~~ property, and such apportioned proceeds shall be paid into
~';'' separate accounts, each account representing one Condo-
a.:~"~
~~.- minium. Each such account shall remain in the name of the '-
Association, and shall be further identified by the Condo-
minium designation and the name of the Owner. From each ~.~
~l separate account the Association, as attorney-in-fact., shall I
°`~~~`''' use and disburse the total amount of such accounts without
r~ contribution from one account ~o the other, first to Mortgagees
and other lienors in the order of priority of their mortgages
~_- and other liens and the balance remaining to each respective
~~ ~>, Owner .
~.
°.
'1
~.! z~r
-;. k:
~`C
t ~ ,•
~t h'
G~ . _ ~,
Section 13.4 Distribution of Exc
ess. In the
Y~f event amou nts collected pursuant to Section 13.2 are in
~~ '~ excess of the amounts required for renewal and reconstruction,
~' the excess shall be returned to the Owners by the Associa-
tion by a distribution to each Owner in an amount propor-
~~7,'s tionate to the respective amount collected from each such
s s:- Owner .
,r
!:
F~:; .:,?-,~w
~- `-- ; ,
ART;{CLE XIV. Condemnation.
s~ Section 14.1 Consequences of Condemnation. If
#:;l~ at any time or times during the continuance o the Condo-
>~.;. minium ownership pursuant to this Declaration, all or any
~~`, part of the Project shall be taken or condemned by any
public authority or sold or otherwise disposed of in lieu of
~r
;`. or in avoidance thereof, the following provisions shall
{ apply.
damages
All compensation
2 Proceeds
Section 14
~~`~~~ ,
,
.
.
or other proceeds therefrom, the sum of which is hereinafter
~-~,~~ called the "Condemnation Award", shall be payable to the
~~~~ Association.
Section 14.3 Complete Taking. In the event that
y.,';' the entire Project is tarn or condemned, or sold or other-
fit'='' wise disposed of in lieu of or in avoidance thereof, the
Condominium ownership pursuant hereto shall terminate. The
Condemnation Award shall be apportioned among the Owners in ,-:.
"`= proportionlto each Owner's percentage interest in the Common
x~: Area, provided that if a standard different from the value
~ of the Project as a whole is employed to measure the Condemna-
!~~il tion Award in the negotiation, judicial decree or other-
wise, then in determining such shares the same standard
~~<! shall be employed to the extent it is relevant and applicable.
r>
On the basis of the principal set forth in the _
w ~ last preceding paragraph, the Association shall as soon as
"~' practicable determine the share of the Condemnation Award to
`'~r~~' which each Owner is entitled. Such shares shall be paid
~~' into separate accounts and disbursed as soon as practicable
in the same manner provided in Section 13.3 of this Declaration.
=yam'; Section 14.4 Partial Taking. In the event that
fYF.~° less than the entire Project i~ taken or condemned, or sold
or otherwise disposed of in lieu of or in avoidance thereof,
;a'~
~~~ the Condominium Ownership hereunder shall not terminate.
,
~~ Each Owner shall be entitled to a share of the Condemnation
~
'~'''~ Award to be determined in the following manner: As soon as
_
k~~
'~L~"
~ practicable, the Association shall, reasonably and in good
'` faith, allocate the Condemnation Award between compe^s~tion, -
~~'- damages, or other proceeds, and shall apportion the amount
~~'`
fa., so allocated among the Owners as follows:
(a) The total amount allocated to taking of or
injury to the Common Area shall be a portioned in accordance
,.'
y with each Owner's ownership interest~in the Common Area, as
,~. set forth herein;
~'
.,
yf -~~'~-
~}
~~~
~~' ii
p,
::~
a~
~. _
(b) The total amount allocated to severance
~r1~~4~ damages shall be apportioned to those Condominiums which
were not taken or condemned;
t' ~~
(c) The respective amounts allocated to the
taking of or injury to a particular Unit and/or improvements
"'~' an Owner has made within his own Unit shall be apportioned
-:, to ~.he particular Unit involved; and
~,:~
i ~s: (d) The total amount allocated to consequential
~.ka`4~c~~`v damages and any other takings or injuries shall be appor-
tioned as the Association determines to be equitable in the
` circumstances. If an allocation of the Condemnation Ataard
~~ ~~
- is already established in negotiation, judicial decree, or
otherwise, then in allocating the Condemnation Award the
~t, Association shall employ such allocation to the extent it is -
~ ~~ relevant and applicable. Distribution of apportioned pro-
~:j`_°; ~ cee~ls shall be made in the same manner provided in Section
~~ ~.-~~ 13.3 of this Declaration.
<.~}, ~ Section 14.5 Reorganization. In the event a
a:::,~~.;;~< partial to ing results in the taking of a complete Unit, the
-`~" Owner thereof automatically shall cease to be a member of
- the Association. Thereafter the Association shall reallocate
f~ ~~ the Ownership, voting rights., and assessment ratio deter-
r-'"_ mined in accordance with this Declaration according to the
~~'"'~ same principles employed in this Declaration at its inception
y`,;`'" and shall submit such reallocation to the Owners of remaining
Units for amendment of this Declaration as provided in
;;; Article XV hereof .
J..
~~" Section 14.6 Reconstruction and Repair. Any
reconstruction an repair necessitated by condemnation
~~ shall be governed by the procedures specified in Article XII
above.
'~ : ;:.
~ "``~+
ARTICLE XV. Revocation or Amendment to Declaration.
~'''~' This Declaration shall not be revoked nor shall
any of the provisions herein be amended unless the Owners
~~~, representing an aggregate ownership interest of 66-2/30 of
~~Yt':~ the Condominiums, as reflected on the real estate records of
Ada County, Idaho, and all holders of any recorded Mortgage
~,;<,, covering ox affecting any or a~.l of the Condominiums, whose
b{~~~i interests as~Mortgagees appear'in such records, consent and
agree to such revocation or amendment by instruments duly
`~'~
t:. ,,.. recorded. Any such revocation or amendment shall be binding
upon every Owner and every Condominium whether the burdens
thereon are increased or decreased by any such amendment and
~
~
~ whether or not the Owner of each and every Condominium
~,,:
~~~~
~
~~
'' consents thereto .
~,5, :~,
~,~~',, ARTICLE XVI. Period of Condominium Ownership.
The Condominium ownership created by this Declaration
~:';='., and the Condominium Map shall continue until this Declaration
'~°'
~' s
~:
~~'~~~
~r _ '
~.>~~
~`'s:.
.:5' .
..~
~} ~'~
.:
?~
~.,
~_
~_ Y.
t..~ ~~'
is revoked in the manner provided in Article XV of this
Declaration or~until terminated in the manner provided in
Articles XIII (Obsolescence) or XIV (Condemnation) of this
Declaration.
ARTICLE XVII. Miscellaneous.
Section 17.1 Compliance with Provisions of
Declaration and By-Laws o the Association. Each Owner
s all comply with the provisions o this Declaration, the
Articles of Incorporation and the By-Laws of .the Associa-
tion, and the decisions and resolutions of the Association
adopted pursuant thereto as the same may be lawfully amended
from time to time. Failure to comply with any of the same
shall be grounds for an action to recover sums due and for
damages or injunctive relief or both, maintainable by the
Association on behalf of the Owners, or, in a proper case,
by an aggrieved Owner.
~~ Section 17.2 Registration of Mailing Address.
,
pp ~~~~'~'
Each Owner shall register his mailing address with the
Association and all notices or demands intended to be served
'~ upon any Owner shall be in writing and shall be sent by
~ .'~; either registered or certified mail, postage prepaid,
~ addressed in the name of the Owner at such registered
~
~ mailing address. All notices or demands intended to be
'~" served upon the Association shall be in writing and shall be
a. given by registered or certified mail, postage prepaid, to
~~.;:,; the address of the Association as designated in the By-Laws
:as~` of the Association. Any notice referred to in this Section
shall be deemed given when deposited in the United States
mail in the form provided for in this Section.
Any Mortgagee may file with the Association a
" written request that it be given copies of notices. Until
M`~
~ such time thereafter as the Mortgagee withdraws the request
~:~'~', or satisfies the Mortgage of record, the Association shall
£~~~~~~~"'
' send to the requesting Mortgagee a copy of (1) all notices
~
~! of meetings of the Association; (2) all other notices sent
to the Owner of the Unit covered by the Mortgagee's Mort-
:=f° gage; (3) within ninety (90) days following the end of any
~°.''~` fiscal year, the Association's- financial statement; and (4)
' notices of any intention of the Association to transfer any
part of the Common Area or facilities, abandon condominium
- status, or terminate professional management of the Project.
Holders of First Mortgages shall be entitled to pr~iupt''
~~
~~ notice of any default in an Owner's obligations under any of
, the documents that create or govern the Project, or its
rules and regulations, that is not cured within thirty (30)
~~ '` days of the date of default and to notices under Article XII
'~ (Casualty, Damage or Destruction), Article XIII (Obsolescence),
;.,~ and Article XIV (Condemnation), irrespective of whether they
~~~•-:
Y have filed requests for notices.
`''~' Section 17.3 Transfer of Declarant's Rights. Any
~SJ~' right or any interest reserved ereby to the Declarant may
'`' be transferred or assigned by the Declarant either separately
or with one ox more of such rights or interest, to any
person or entity.
~.
iR~i4
F?; -
~
S :
1ti.
~_..a..i
'_1~ ~' 2.. :.~
~L
~~~ Section 17.4 Owner's Obligations Continue. All ,
4
5
obl.~.gations o the Owner under and by virtue o the pro- ,
t°
visions contained in this Declaration shall continue,
~ notwithstanding that he may have leased or rented said
interest as provided herein, but the Owner of a Condominium
•
` sha•11 have no obligation for expenses or other obligations
~
~'
.. accruing after he conveys such Condominium.
4 Y..
~ ` •t
~:.~ Section 17.5 Number and Gender. Whenever used ~'~
b s':;
herein, unless the context shall otherwise provide, the
1'
singular number shall include the plural, the plural the
~„i;;':~ singular, and the use of any gender shall include all genders.
i , _
;,~I
Suction 17.6 Severability. If any of the pro-
~ ~•
r visions of this Declaration or any clause, paragraph,
";~
sentence, phrase or word, or the application thereof, in any _
~,,
~~
circumstances be invalidated, such invalidity shall not -~„
~,j affect the validity of the remainder of the Declaration
and _
ti,
~5~'~~;~ ,
the application of any such provision, paragraph, sentence, "~ ,~,,
,., clause, phrase or word in any other circumstances shall not
.~ r ~„~ be affected thereby.
~,
~:
,~; Section 17.7 Statute. The provisions of this •
~,.~ ;~~; Declaration shall be in addition and supplemental to the
~' ~~' Condominium Property Act of the State of. Idaho and to all
r ' ~~! other applicable provisions of law. `~, .;
~_ ~
~,'.
~ +4 Fr
ARTICLE XVIII. Mortgagee Protection. ¢
S`.
` e"S Not withstanding anything to the contrary contained
_ ~e' in this Declaration, or in the'Articles or By-Laws of the
;~ My
Association:
+;`3~
t
}'~ Section 18.1 The Association shall maintain an 3
~~,.,~~' adequate reserve un for maintenance, repairs and replace- ~ ~'
r> ";' ment of those common elements and Unit roofs and exterior `~" ~'
°~~~ wall surfaces that must be replaced on a periodic basis, and
~ ,Y
`~ such reserve shall be funded by monthly assessments. In
;~-' addition, there must be established a working capital fund
-t~
~fi` ~ for the initial months of operation of the Project equal to
at least two months' estimated Common Area char e for each
g f
~ ~
<~_~~ Unit . ~~
~s~~ Section 18.2 Any "right of first refusal" con-
`' tained in any..constituent document pertaining to the Project
~ ~''S' shall not impair the rights of a First Mortgagee to foreclose
4 ~~ or take title to a Unit pursuant to the remedies provided•in
`~ the Mortgage, or accept a deed (or assignment) in lieu of
~,h foreclosure in the event of default, or interfere with a sub-
~' sequent sale or lease of a Unit so acquired by the Mortgage e•.
~:-' . ~~1
~' Section 18.3 The holders of First Mortgages shall
~.~~o' have the right to examine the books and records of the
:~ Association and to require annual reports or other appro-
t ~ °;:' priate financial data.
'
-
i
~ Section 18.4 Any management agreement for the
~~ Project or Common Area, or any other contract providing for
n ~ services of the developer, sponsor or builder, shall be
_ ,;}
~: ;,
;.~<
a ~~~
~~
~Riy
~c'~.,: 1.,.
YC i'i__
~k 7~
~~;.. ~.~
terminable (a) by the Association for cause upon thirty (30)
.
`~4~'`'
~ days' written notice thereof, and (b) by either party without ~
r'te':::° cause and without payment of a termination fee on ninety
` (90) days' or less written notice thereof, and the term of
','~ any such agreement shall not exceed one (1) year.
k r'-
~~'.' Section 18.5 If any Unit or portion thereof or
~~~'' the Common Area or any portion thereof is made the subject
matter of any condemnation or eminent domain proceedings, or
~.~ ~' is otherwise sought to be acquired by a condemning authority,
the Institutional Holder of any First Mortg-age shall be
~~~`''°' entitled to timely written notice of any such proceeding or
,~~~~y~ proposed acquisition, and no Owner or other party shall have
"~``'"`~ priority over such Institutional Holder with respect to the
f ~~, distribution to such Owner of the proceeds of any award or
~„
~~' settlement.
`'
`'~ Section 18.6 Any provision in this Declaration
~-
~ ~s restricting leases o Units shall not apply to a lender;in
possession of a Unit following a default in a First Mortgage,
'" t~ a foreclosure proceeding or any deed or other arrangement in
'~~},~~'a lieu of foreclosure.
~,
w ~
`
Section 18.7 First Mortgagees may, jointly or
-jingly, ^.;' taxes or other charges which are in default
,i and which may or have become a charge against any Common
Area property and may pay overdue premiums on hazard in-
~~4 ~ surance policies or secure new hazard insurance coverage on
,~ ~ the lapse of a policy, for such Common Area property and
~a First Mortgagees making such payments shall be owed im-
~,~, mediate reimbursement therefor from the Association.
~.
.
;~;~; Section 18.8 Any lien which the Association may
,
,
~ ~%'~`i
'~ have on any Unit or the payment of assessments attributable
to such Unit will be subordinate to the lien or equivalent
~, security interest of any Mortgage on the Unit recorded
`"~ ''~ prior to the date notice of such assessment lien is duly
~ recorded.
X`
,~y;
Section 18.9 No Unit shall be partitioned or
subdivided without the prior written approval of at least
__
t
.the holder of any First Mortgage on such unit.
' Section 18.10 Unless all Institutional Holders of
~
_ ~ First Mortgages have given their prior written approval, the
~s..
,
=
Association and/or the Owners shall not:
~~z~~
"
~ ~ (a) By act or omission seek to abandon, partition,
` subdivide, encumber, sell or transfer the Common Area or any
d' portion thereof. (The granting of easements for public
w.~'~: utilities or for other public purposes consistent with the
`~`~.'~~' intended use of such Common Area shall not be deemed a
transfer within the meaning of this clause).
`~ ~ (b) Change the pro rata interest or obligations
~'~`~ of any Unit for purposes of (1) levying assessments or
' t::,;
t ~' allocating distributions of hazard insurance proceeds or
condemnation awards or for (3) determining the pro rata
~~ ~, share of ownership of each Unit in the appurtenant Common .
~~. ,~ - Area .
°:
~ ,>°
,w :,~ ~~
i N~' f ,
,;.` (c) By act or omission, change, waive or abandon
Y `,..
any scheme of
regulations,
or enforcement thereof, as set
forth in this Declaration, pertaining to the architectural
design or the exterior appe arance of Units, the exterior
+~`~' maintenance of said Units, the maintenance of the Common
I _.~ Area property, party walks, or common fences and driveways, `'"
- '
A <1~~~ or the upkeep of lawns and plantings in the Project. z,.'
(d) Fail to maintain fire and extended coverage ~'
i,: casualty insurance on insurable Common Area property on a
Y
current replacement cost basis in an amount not less than
one hundred percent (1000) of the insurable value (based on
T•. current replacement cost) .
~,
~~. (e) Use hazard insurance proceeds for losses to
any property in the Project (whether to Units or to the ~~
yt§`~'~' Common Area) for other than the repair, replacement or
-ft reconstruction of such property. "~~4
'~~ (f) By act or omission, abandon or terminate the
-:;~ condominium status of the Project.
,~,
E4 Nx.
~~ (g) Amend materially this Declaration, the
~~.,
``~ Association's Articles of Incorporation or its By-Laws.
L,
h~
'``' (h) Terminate professional management and assume ~•
1
r, self-management of the Project. This sub-paragraph 18.10 (h)
''~4t shall be applicable only if the Federal National Mortgage
Association, Federal Home Loan Mortgage .Corporation, or the '
Government National Mortgage Association is a First Mortgagee.
Y ;, " ,r
(i) Make any amendment to the insurance pro- A. ,~.
~' visions (Article XI) or to these Mortgagee Protection ,::,-
4>r,~~~~;~ provisions (Article XVIII) contained in this Declaration. x_, a;~~.
t~ ~''` Section 18.11 Upon written request of any First
~``?~ Mortgagee, t e Association; agrees to provide such Mortgagee
`'~ with a letter wherein the Association agrees to notify the
,
k'•
Mortgagee or its designee whenever: (i) damage to a Ui.it
~~~ ~~. covered by its Mortgage exceeds $1,000.00, or (ii),damage to
,
";`` the Common Area and related facilities exceeds $10,000.00.
,
_~
,~ ~~
~ ~1~`<
ARTICLE XIX. Consents.
`~!
~, `{~ The Undersigned Declarant, Valley Contractors,
Inc., hereby consents to the recordation of the within
~
~ Condominium Declaration, together with a plat or plats of
~
.~~ the real property affected hereby, pursuant to the Condo-
} ~., minium Property Act of the State of Idaho .
~ ~~~~ ~Y U. S . Bancorp . the holder
of a recorded security interest in the real property affected
,.~.., hereby, consents to the recordation of the within Condo-
~'~':'r~ minium Declaration, together with a plat or plats of the
-,,
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subject real property, pursuant to the Condominium Property
Act of the State of Idaho.
DATED This day of ,
1982.
ATTEST
By
ecretary
VALLEY CONTRACTORS, INC.,
an Idaho Corporation
AM S KANE, Presi ent
U. S. BANCORP.
Yi
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~. ~ STATE OF IDAHO )
rK s~ s s .
~j x County of Ada )
~_;~I On this day of 1982, before
me, the undersigned, a Notary ublic in and or said State,
~ .`~ personally appeared JAMES T. KANE and
Q known to me to be the President and Secretary, respectively,
~~ of VALLEY CONTRACTORS, INC., the Corporation that executed
~` the instrument and acknowledged to me that said Corporation
s-`~ -~.~ executed the same.
°"~'~"' WITNESS MY SEAL.
i
'tl
:_>_;''~,~. .Notary Public or Idaho
''~~ Residing at ,Boise, Idaho
`:' ~~
~'~ ~'`"`'~ STATE OF IDAHO )
-; s s .
f ~-~~+ County of Ada )
,~ On this 21st day of January , 1982,
~k f _S€
't before me, the und ersigned, a otary Pu 1ic in and for said
State, personally . appeared J. A. Noe ,
known to me to be the Asst. Vice Pres, & 2~an~g
~~+~~
' U. S. BANCORP.
instrument an ac the Corporation that executed the
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~~~' WITNESS MY SEAL .
.~ ~
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~~~~ tary Public or T aho
_,,;:., Residing at Boise, Tdaho
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ARTICLES OF INCORPORATION
OF
FRANKLIN CONDOMINIUMS ASSOCIATION, INC.
The undersigned, does hereby declare the formation
of anon-profit corporation, pursuant to the applicable laws
of the State of Idaho relating to such corporation and does
hereby certify, declare and adopt the following Articles of
Incorporation
1. The name of the corporation is and shall be
Franklin Condominiums Association, Inc., hereinafter referred
to as "the Association". The principal place of business of
the Association shall be Ada County, Idaho, and the Association's
address shall be 4948 Kootenai, P. 0. Box 4486, Boise,
Idaho, 83704. The registered agent of the corporation, at
said address, shall be James T. Kane.
2. The Association is and shall be anon-profit
corporation, and is formed pursuant to, and in accordance
with, Idaho Code Sections 30-301 through 30-332, inclusive.
The Association does not contemplate pecuniary gain or
profit to the members thereof. The Association is formed to
be a Management Body, as permitted by the provisions of the
Idaho Condominium Property Act, Idaho Code Section 55-1501,
et seq., and the powers and functions of the Association
shall be consistent with the provisions of said Act.
3. Subject to dissolution in the manner provided
by Idaho law regarding general business corporations, the
life of this Association shall be perpetual.
ARTICLES OF INCORPORATION - Page 1
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4. The nature of the business, and the objects
and purposes, of this corporation shall be as follows:
(a) This corporation ("the Association")
sha~.l be the "Management Body", as defined in Idaho Code
Section 55-1503, and as provided for in the terms and
conditions of that certain Condominium Declaration for
Franklin Condominiums (hereinafter referred to as the
"Declaration!'), which Declaration delegates and authorizes
this Association to exercise certain functions as the
Management Body. The Declaration is to be recorded in the
office of the County Recorder of Ada County, Idaho, together
with a copy of these Articles of Incorporation.
(b) The Association shall have the power to
exercise and enforce all rights and privileges, and to
assume, incur, perform, carry out and discharge all duties,
obligations and responsibilities, of a banagement Body, as
.provided for in the Idaho Condominium Property Act ,and in
the Declaration, as such Declaration is originally executed,
or if amended, as amended. The Association shall have the
,~
power to adopt and enforce rules and regulations covering
the use and functioning of the Franklin Condominiums, or any
area of units thereof, and, in general, to assume and
perform all of the functions to be assumed and performed by
the Management Body, as provided for in the Declaration.
The Association shall have the power to transfer, assign or
delegate any or all of such duties, obligations or responsi-
bilities to other persons or entities, as permitted or
provided for in the Idaho Condominium Property Act, the
Declaration, or in an agreement executed by the Association
,~ ARTICLES OF INCORPORATION - Page 2
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with respect to such assignment or delegation. The Associa-
tion shall actively foster, promote, and advance the in-
ter~sts;of all owners of condominium units in the Franklin
Condominiums.
i (c) The Association shall fix, levy, col-
lect, and enforce payment by any lawful means, of all
charges or assessments, including annual and special assess-
ments, which may be deemed necdssary to properly manage and
maintain the Association and the Franklin Condominiums, and
to pay all expenses in connection therewith, and all office
and other expenses incident to the conduct of the business
of the Association, including all licenses, taxes or govern-
,
mental charges levied or imposed against the property of the
Association.
~' 1 (d) To acquire by gift, purchase, or other-
:,
.wise, and to own, hold, improve, build upon, operate, main-
tain, convey, sell, lease, transfer, dedicate for public
use, or otherwise dispose of real or personal property in
connection with the affairs of the Association.
(e) To borrow money, and, with the assent of
two-thirds of the members of the Association, to mortgage,
pledge, or encumber any or all of its real or personal
property as security for money borrowed ,or debts incurred.
(f) To dedicate, sell or transfer all or any
part of the common areas of the condominium project to any
public agency, authority or utility for such purposes, and
subject tosuch conditions, as may be agreed upon by the
members of the Association. No such dedication or transfer
shall be effective unless an instrument has been signed by
two-thirds of the members, agxeeng to such dedication, sale
or transfer.
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(g) To participate in mergers and consolida-
tions with other non-profit associations organized for the
same or similar purposes, or to annex additional residential
property and common areas, provided that any such merger or
consolidation shall have the assent of two-thirds of the
members.
(h) To act as purchasing agent for goods and
services for the members of the Association only.
(i) In general, to carry on any ether busi-
ness in connection with the foregoing, and to have and
exexcise all of the powers conferred by the laws of Idaho
upon corporations, as qualified and limited by Idaho. Code
Sections 30-301 through 30-332; inclusive.
(j) The foregoing clauses shall be construed
as objects, purposes and powers; it is hereby expressly
provided that any enumeration of specific powers cor_*_?-_red
herein shall not be held to limit or restrict in ariy manner
the powers of this Association, except as provided in sub-
paragraph (i) herein.
5. Every person or entity who is a record owner
of a condominium unit in the Franklin Condominiums shall be
a member of the Association, and shall be entitled to receive
a certificate of membership, which certificate of membership
may designate•.and refer to the number of notes held by a
member as shares. There shall be one membership in the
Associatio: for each condominium unit in the Franklin Condo-
miniums, a established in the Declaration. The members of
the Association must be and remain owners of condominium
units within the project, and the Association shall include
ARTICLES OF INCORPORATION - Page 4
.C '
all owners of condominium units within said project. If
title to a condominium unit is held by more than one person
or entity, the membership relating to that condominium shall
be shared by all such persons or entities in the same porportionate
interest and the same type of tenancy in which the title to
said condominium is held.
No person or entity other than: an owner may be a
member of the Association. A member shall not assign or
transfer his membership certificate, except in connection
with the. transfer or sale of a condominium unit. Every
person or entity who is an owner of any condominium unit in
the Fxanklin Condominiums project shall be required to be a
member of the Association and remain a member so long as
such person or entity shall retain the ownership of such a
condominium unit. Membership in the Association is declared
to be appurtenant to the title of the condominium unit upon
which such membership is based, and said membership: auto-
matically shall pass with the sale or transfer of the title
of said condominium unit.;Members shall not have. preemptive
r ~:;
rights to ~urchase other me~berships in the .Association, or
other condominium units in the project.
,.
i.
There shall be a total of 400-notes in the Associa-
tion whichjshall be held by and exercised by the members in
.~
the same proportion as the ownership of ,the common area of
the Franklyn Condominiums is divided among the members.
Therefore, ::the voting rights of each member owner may not in
all cases be equal. The Declaration, or any exhibit at-
tached thereto, shall set forth the percentage interest of
each owner member in the "common area", which interest shall
depend upon the number and.. type of condominium units owned.
Each member shall be entitled to vote each membership owned
ARTICLES OF INCORPORATION - Page 5
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according to the percentage that the condominium represented
~~ ~:~~~~~`~ ~ by any such membership has in the "common area". The voting
rights and interests of new members shall be determined in
the same manner as such percentage interests and rights were
-~~; determined '.'for old members.
%v,:
ry 6. Each member shall be liable for the payment
y '
of assessments provided for in the declaration, and for. the
payment and discharge of the liabilities of the Association,
~ as provided for in the Declaration, the Idaho Condominium
.
1`
Property Act, and as set forth in the By-laws of the Associa-
:
: `
.
~ ~ tion.
7. The affairs of the Association shall be
managed by a Board of Directors, each member of which shall
be,a member of the Association or the officer of any member
~~ ;,, ~~. which is a :corporation. The number of directors of the
Association shall be three (3) or equal to the number of
members whichever is less. The number of directors may be
changed by'amendment of the By-laws of the Association.
Said directors shall serve for a term of one year and until
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FA' _ their respective successors are elected, or until resigna-
tion or removal, provided, that if any director ceases to be
an owner of a condominium unit, or the officer of any member
which is a corporation, his membership and tenure as a
r'"~;' director shall thereupon terminate. At the execution hereof
there being only one member of the Association the following
person is appointed to act as the initial director until the
"'`W first election of directors:
' James T. Kane 4948 Kootenai
„
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P . 0. Box ' 4486
' Boise, Idaho 83704
ARTICLES OF INCORPORATION - Page 6
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8. These Articles of Incorporation may be
amended by the membership of-the Association, but such
amendment shall require the affirmative vote of two-thirds
of the entire membership.
9. The name and post office address of ,the
incorporator of the Association is as follows:
James T. Kane P. 0. Box 4486
Boise, Idaho 83704
IN WITNESS WHER$OF, the undersigned incorporator
has hereunto set his hand this day of ,
1982.
STATE OF IDAHO )
ss.
County of Ada )
On this day of 1982, before
me, the undersigned; a Notary Pu lic or said State, per-
sonally appeared JAMES T. KANE, known to me to be the person
whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same.
WITNESS MY SEAL.
otary Pu lic or a o
Residing at Boise, Idaho
ARTICLES OF INCORPORATION - Page 7 --
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BY-LAWS
OF
FRANKLIN CONDOMINIUMS ASSOCIATION, INC.
ARTICLE I: NAME AND LOCATION
The name of this non-profit corporation is and
shall be Franklin Condominiums Association, Inc., hciG~nafter ---
referred to as "the Association". The principal place of
business of the Association shall be located in Ada County,
Idaho, and meetings of the Association and of the Board of
Directors may be held at such places within Ada County,
Idaho, as may be designated by the Board of Directors.
ARTICLE II: DEFINITIONS
Section l: "Association" shall mean and refer to
the Franklin Condominiums Association, Inc., its successors
and assigns.
Section 2: "Properties" or "the project" shall
mean and refer to that certain property commonly referred to
as the Franklin Condominiums, the legal description of which
property is attached to the Condominium Declaration for Franklin
Condominiums, recorded in the office of the Ada County
Recorder. Said terms shall-also mean and refer to any
additions to said property. as may hereinafter be brought
within the jurisdiction of the Association.
Section 3: "Common area" shall mean all real
property in the project which is owned: by the Association
for the common. use and,enjoyment_of all of the owners.
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RAY ~~~~ ~~ N.4:~e'~f~ 3. _
Section 4: "Unit" or "condominium unit" shall
mean and refer to any one of the Franklin individual condominiums,
as defined in the Condominium Declaration for Franklin Condo-
miniums recorded with the Ada County Recorder.
Section 5: "Owner "shall mean and refer to the
record owner, whether one or more persons or entities, of
the fee simple title to any condominium unit which is apart
of the project.
Section 6: "Declarant" shall mean and refer to
Valley Contractors, Inc., an Idaho Corporation, and its suc-
cessors and assigns.
Section 7: "Declaration" shall mean and refer to
that certain document entitled "Condominium Declaration for
Franklin Condominiums", recorded in the office of the Ada
County Recorder.
Section 8: "Member" shall mean and refer to those
persons entitled to membership in the Association., as provided
in the Articles of Incorporation of the Association.
ARTICLE III: MEETINGS OF GENERAL MEMBERSHIP
Section 1: Annual Meetings. The first annual
meeting of~the general membership of the Association shall
be held within six months following closing of the first
sale of a unit, or within one month following the date on
which closings for a majority of the units have taken place,'
whichever shall first occur. Each subsequent regular annual
meeting of the general membership shall be held on t~:e
premises of the project on the first Monday in October, or
such other reasonable place and time as designated in written
notice to the owners by the Board of T~irectors. Any notice
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required herein shall be in writing, mailed to each member
1
at~the address for the member's unit not less than ten (10)
nor more than fifty (50) days prior to the date fixed in
said notice for the meeting.
iSection 2: Special Meetings. Special meetings of
the general .membership may be called at any time for the
.,purpose of considering matters requiring the approval of all
or a portion of said general membership, or for any other
reasonable purpose. Said meetings shall be called, by
written notice as hereinabove set forth, by the President,
the Board of Directors, or by members .holding not less than
l00 of the votes entitled to be cast at such meeting. Said
notice shall specify the date, time, and place of the meeting,
and the matters to be .considered at said meeting.
Section 3: Quorum. The presence, in person or by
proxy, of the members having a majority of the total votes
in the Association shall constitute a quorum. Any action
may be taken by the general membership ;upon the affirmative
vote of a majority of the total votes present at any regular
or .special meeting of the general membership, except for
actions requiring the vote of more than a simple majority,
as set forth in the Articles of Incorporation of the Associ-
ation or by these By-Laws.
Section 4: Proxies. At all meetings of members,
each member may vote in person or by proxy. A11 proxies
shall be in writing and filed with the secretary-treasurer
of the Association. Every proxy shall be revocable and
shall automatically cease upon conveyance by a member of his
unit or units.
-3-
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ARTICLE IV: BOARD OF DIRECTORS
Section 1: Number. The affairs of this Association
shall be managed by a Board of Directors, which Board shall
consist of three (3) elected Directors. Each Director must
be a member of the Association.
Section 2: Term of Office. At each annual meeting
of the general membership, the members shall elect the three
Directors for the forthcoming year. Directors shall serve
for a term of one (1) year and until their respective successors
are elected, or until resignation or removal; provided, that
if any Director ceases to be an owner, his membership in the
i
Association, and position as Director, shall thereupon
terminate.
Section 3: Removal. Any Director may be removed
from the Board, with or without cause, by a majority vote of
the members of the Association. In the event of death,
resignation, or removal of a Director, his successor shall
be selected by the remaining members of the Board and shall
serve for the unexpired term of his predecessor.
Section 4: Compensation. No Director shall
receive compensation for any service he may render to the
Association. However, any Director may be reimbursed for
his actual expenses incurred in the performance of his
duties.
Section 5: Action Taken Without a Meeting. The
Directors shall have the right to take any action wiiici~ --
could normally be taken pursuant to a meeting of the Board,
without holding such a meeting, by obtaining the written '.
approval of all of the Directors. Any action so approved
shall have the same effect as though taken at a meeting of
the~Board of Directors.
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~s~~, '~ Section 6: Authority of Directors. The Board of
, Directors, for the benefit of the properties and the owners
:
thereof, shall take whatever legal and appropriate action
~~t necessary to enforce the provisions of the Declaration, and,
~~ specifically, shall have the authority and power to levy and
~~r ~~.
collect necessary assessments, and to take all action necessary
in~order to enter into contracts relating to, and assure
payment of, all costs associated with the maintenance and
;_~,.,
"~~~ upkeep of the project.
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,,., ARTICLE V: MEETINGS OF DIRECTORS
Section 1: Regular Meetings. Regular meetings of
v~ the Board of Directors shall be held quarterly without
3S a~~ notice, at such place and hour as may be fixed from time to
time by resolution of the Board.
Section 2: Special Meetings. Special meetings of
`~-`.~~
,~.~. the Board of Directors shall be held when called by the
~` president of the Association, or by any two Directors, after
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not le~:s than ten (10) days notice to each Director.
Section 3: Quorum. A majority of the number of
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Directors shall constitute a quorum for the transaction of
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business. Every act or decision done or made by a majority
.F.4:" of the Directors present at a duly held meeting at which a
quorum is .present shall be regarded as the act of the Board.
:~ ARTICLE VI: OFFICERS AND THEIR DUTIES
~_; Section 1: Enumeration of Offices. The officers
~R ~~ ;~
of this Association shall be a president and vice-president,
who shall at all times be members of the Board of Directors;
a secretary, and a treasurer, and such other officers as
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the Board may from time to time by resolution create.
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~„,"~~ Section 2: Election of Officers. The election of
-~'~~ officers shall take place at the first meeting of the Board
of Directors following each annual meeting of the members.
Section 3: Term. The officers of this Association
'~ shall be elected annually by the Board and each shall hold
' office for 'one (1) year unless he shall sooner resign, or
•~~
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shall be removed, or otherwise be disqualified to serve.
Section 4: Special Appointments. The Board may
- elect such other officers as the affairs of the Association
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may require, each of whom shall hold office for such period,
~,~~,~,"~'~ have such authority, and perform such duties as the Board
may, from time to time, determine.
'~~` Section 5: Resignation and Removal. Any officer
';~ may be removed from office with or without cause by the
-r~ Board. Any officer may resign at any time by giving written
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notice to the Board, the president or the secretary. Such
resignation shall take effect on the date of receipt of such
notice or at any later time specified therein, and unless
~~~
~'-= otherwise specified therein, the acceptance of such resignation
`~~"''~' shall not be necessary to make it effective.
Section 6: Vacancies. A vacancy in any office
may be filled by appointment by the Board. The officer
,`~= appointed to such vacancy shall serve for the remainder of
,
_F~ _ the term of the officer he replaces.
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- Section 7: Multiple Offices. The offices of
. secretary and treasurer may be held by the same person. No
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person shall simultaneously hold more than one of any of the
"'' other offices except in the case of special offices created
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pursuant to Section 4 of this Article.
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Section 8: Duties. The duties of the officers
are as follows:
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ti (a) President: The president shall preside at
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"'}` all meetings of the Board of Directors; shall see that
~r~'. orders and resolutions of the Board are carried out; shall
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;; .~> sign all leases, mortgages, deeds and other written instruments
and shall cosign all checks and promissory notes. The duty
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and power of the president to sign written instruments and
~~ to cosign all checks and promissory notes may be delegated
to an officer ox representative of the Association duly
approved by the Board of Directors.
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x; ~ (b) Vice President: The vice president shall act
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in the place and stead of the president in the event of his
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absence, inability or refusal to act, and shall exercise and
"`~ discharge such other duties as may be required of him by the
Board.
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_ (c) Secretary: The secretary shall record the
'~~"~~' votes and keep the minutes of all meetings and proceedings
of the Board and of the members; keep the corporate seal of
the Association, and affix it on all papers requiring said
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seal; serve notice of meetings of the Board and of the
~~ members; keep appropriate current records showing the members
~.«~~ .
;•, , , ;; of the Association together with .their addresses, and shall
perform such other duties as required by the Board.
-:~;
,,, (d) Treasurer: The treasurer shall receive and
•> ~;
deposit in .appropriate bank accounts all monies of the
`~ ~~
Association and shall disburse such funds as directed by
resolution of the Board of Directors; shall sign all checks
and promissory notes of the Association; keep proper books
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~, to be made by a public accountant at the completion of each
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iscal year; and shall prepare an annual budget and a statement
~~*~~~ of income and expenditures to be represented to the membership
at its regular annual meeting, and deliver a copy of each to
the members,
ARTICLE VII: BOOKS AND RECORDS
f
The books, records and papers of the Association
shall at all times, during reasonable business hours, be
subject to inspection by any member. The Declaration, the
Articles of Incorporation, and ,the By-laws of the Association
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shall be available for inspection by any member during
``' reasonable business hours, upon written request for such
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inspection presented to the President of the Association.
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ARTICLE VIII: CORPORATE SEAL
~*
The Association shall have a seal in circular form
having within its circumference the words: Franklin Condominiums
~.;~ Association, Inc.
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Section 1: These By-laws may be amended, at a
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regular or ;special meeting of the general membership, by the
~~.
affirmative vote of two-thirds of the members present at
..- ~ such meeting; provided, that a quorum as specified in they
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By-laws of the Association be present.
t~~ =~ Section 2: In the case of any conflict between
'' the Articles of Incorporation and these By-laws, the Articles
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. shall control. In the case of any conflict between the
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Declaration and these By-laws, the Declaration shall control.
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