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DECLARATION OF COVENANTS, CONDITIONS FOR THE WORONZOF CONDOMINIUMS THIS DECLARATION is made on the 21th day of April, 1980, by THE TOWER, an Alaskan partnership, "Declarant" herein. P R E A M B L E: (A) Declarant is the owner of real property in the Third Judicial District, State of Alaska, described as:
(B) It is the desire and intention of Declarant to subdivide the property into a condominium estate and to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all the condominium estate created. (C) Declarant hereby declares that all of the property is, and shall be, held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following limitations, restrictions, easements, conditions and covenants, all of which are declared and agreed to in furtherance of a plan for the protection, maintenance, improvement and sale of the property for the purpose of enhancing the value and desirability of the property. All provisions of this Declaration are hereby imposed as equitable servitudes upon the property. All of the limitations, restrictions, easements, conditions and covenants herein shall run with the land and shall be binding upon and for the benefit of all of the property and all parties having or acquiring any right, title or interest in the property or any part thereof. (D) Declarant, his successors, assigns and grantees, covenant and agree that the undivided interest in the common area and limited common areas and the fee titles to the respective units conveyed therewith shall not be separated or separately conveyed, and each such individual interest shall be deemed to be conveyed or encumbered with its respective unit, even though the description in the instrument of conveyance or encumbrance may refer only to the unit. Subsequent to the initial sales of the condominiums, any conveyance of a condominium or a unit, or any portion thereof, by its owner shall be presumed to convey the entire condominium. ARTICLE I DEFINITIONS Section 1. PROPERTY The "Property" shall mean all the real property described above. Section 2. CONDOMINIUM "Condominium" shall mean an undivided fee ownership interest in the common areas and limited common areas, together with a separate ownership interest in fee in a unit. Section 3. UNIT "Unit" shall mean and include the elements of a condominium not owned in common with the owners of other condominiums in the property; each of the units in the multifamily structure, each separately described and designated in Exhibit A, which is attached and incorporated herein by this reference, shall be a separate fee-hold estate consisting of the space bonded by and contained within the interior surfaces of the perimeter walls, floors, roof, windows and doors of each unit. In interpreting deeds, declarations and plans, the existing physical boundaries of the unit, or a unit constructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the description expressed in the deed, plan or declaration, regardless of settling or lateral movement of the building, and regardless of minor variances between boundaries as shown or the plan or in the deed and declaration and those of the building as constructed. Concurrently with the recording of this Declaration, a survey map and floor plan of the project is being filed in the Anchorage Recording District, Third Judicial District, State of Alaska, under File No. 80-45 . Section 4. UNIT OWNER "Unit owner" shall mean the person or persons holding title in fee to a unit. Section 5. PROJECT "Project" shall mean the entire property divided into condominiums, or to be divided into condominiums, including all structures thereon, the common areas, the limited common areas and the units within the property. Section 6. LIMITED COMMON AREAS "Limited common areas" shall mean and include all areas for which exclusive easements are reserved for the benefit of unit owners, including, but not limited to, storage and assigned parking spaces, as those areas are set forth on the survey map and/or the set of floor plans filed simultaneously herewith and incorporated herein by this reference as though fully set forth. The limited common areas for each unit are described in Exhibit B, attached to this Declaration and incorporated therein by this reference. Section 7. COMMON AREAS "Common areas" shall mean and include all areas on the property, except the units, and shall further include, for maintenance purposes of the Association, all gas, water and waste pipes, all sewers, all ducts, chutes, conduits, wires and other utility installation of the multifamily structure wherever located (except the outlets thereof when located within the units), the lot upon which the structure is located and the airspace above the structure, all bearing walls, columns, floors, the roof, slab, foundation, elevators, stairways and landscaping, the elevator lobby, tenant security area, entryway, mailboxes, and telephone area, which are located on the first floor level. Section 8. RESIDENCE "Residence" shall mean and include a unit and its corresponding limited common areas over which the unit owner has an exclusive easement as provided for herein. Section 9. COMMERCIAL UNIT "Commercial unit" shall mean and include Units 101 and 102 and their corresponding limited common areas over which the unit owner has an exclusive easement and which may be used for retail business, office, commercial and professional purposes and any other lawful purpose. The residential unit owners and the commercial unit owners are collectively called the unit owners and individually called unit owner. Section 10. COMMON ASSESSMENT "Common assessment" shall mean the charge against an owner for his proportionate share of the cost of maintaining, improving, repairing and managing the project and all other common expenses, including operational costs for the common areas, which are to be paid by each unit owner to the Association for common expenses and charged to his condominium. Section 11. SPECIAL ASSESSMENT "Special assessment" shall mean a charge against a particular unit owner and his condominium, directly attributable to the unit owner, equal to the cost incurred by the Association for corrective action performed pursuant to the provisions of this Declaration, plus interest thereon as provided for in this Declaration. Section 12. CAPITAL IMPROVEMENT ASSESSMENT "Capital improvement assessment" shall mean a charge against each unit owner and his condominium, representing a portion of the cost to the Association for installation or construction of any capital improvements on any of the common areas or the limited common areas which the Association may from time to time authorize. Section 13. ASSOCIATION "Association" shall mean The Woronzof Condominium Association. Section 14. COMMON EXPENSES "Common expenses" shall mean the actual and estimated costs of maintenance, management, operation, repair and replacement of the common areas and limited common areas (to the extent not paid by the unit owner responsible for payment), including unpaid special reconstruction and capital improvement assessments; costs of management and administration of the Association, including, but not limited to, compensation paid by the Association to managers, accountants, attorneys and other employees; the costs of utilities, gardening and other services benefiting the common areas and limited common areas; the costs of fire, casualty, liability, workmen's compensation and other insurance covering the project; the cost of bonding of the members of the Association or managing agents; taxes paid by the Association; amounts paid by the Association for discharge of any lien or encumbrance levied against the entire project or portions thereof; and the costs of any other item or items designated by the Association for any reason whatsoever. Section 15. MORTGAGE - MORTGAGEE - MORTGAGOR Reference in this Declaration to a mortgage shall be deemed to include a deed of trust; reference to a mortgagee shall be deemed to include the beneficiary of a deed of trust; and reference to a mortgagor shall be deemed to include the trustor of the deed of trust. Section 16. BOARD OF DIRECTORS "Board of Directors" shall mean the Board of Directors of the Association. ARTICLE II RESIDENCE AND USE RESTRICTIONS Section 1. USE OF THE UNITS Each of the residential units may be used only as a single-family residence, subject to the exemption granted Declarant under Article XII, Section 3 and the provisions of Article II, Section 3 of this Declaration. The commercial units may be used for retail business, office, commercial and professional purposes and any other lawful purpose. Section 2. DESCRIPTION OF CONDOMINIUM BUILDING The condominium building is a single, seven-story structure with a partial basement. The basement level contains storage areas and a mechanical room, and the first story consists of the commercial units. The second through seventh stories contain a total of 35 residential units. The foundation is reinforced concrete footings with concrete slab. The exterior is concrete block and brick on the main floor; porcelain enameled steel panels, colored and textured, on the second through seventh stories. The roof is concrete slab on a metal form with built-up roofing over thermal insulation board. The building is serviced by a single elevator and has a gross floor area of approximately 46,788 square feet. Section 3. PARKING AND VEHICULAR RESTRICTIONS No vehicle which shall not be in an operating condition shall be parked or left on the property subject to this Declaration, other than on an assigned parking space. The parking spaces shall be used for parking vehicles only and shall not be converted for living, recreational or business purposes. There shall be no exposed storage deposited, accumulated or preserved anywhere on the property. Parking spaces and storage areas are located and assigned to the residences as shown on the filed floor plan of the project. Section 4. NUISANCES No noxious or offensive activities (including, but not limited to, the repair of automobiles) shall be carried on upon the project. No horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of a residence and its contents, shall be placed or used in any such residence. No loud noises shall be permitted on the property, and the Board of Directors of the Association shall have the right to determine if any noise or activity-producing noise constitutes a nuisance. No unit owner shall permit or cause anything to be done or kept upon the property which will increase the rate of insurance thereon or which will obstruct or interfere with the rights of other unit owners, nor will he commit or permit any nuisance on the premises, or commit or cause any immoral or illegal act to be committed thereon. Each unit owner shall comply with all of the requirements of the local or State health authorities and with all other governmental authorities with respect to the occupancy and use of a residence. Section 6. SIGNS No sign, picture, advertisement, fame or notice shall be enscribed, displayed, printed or affixed on or to any part of the outside or inside of the building or elsewhere on or within the project except in the interior of the units, unless approved by the association. Nothing shall be placed near the glass of any window, door, partition or wall which may appear unsightly from outside the building. The doors, windows, light fixtures and any lights that reflect or admit light into the halls or other places of the building, shall not be covered or obstructed. Section 6. HOLD HARMLESS AND INDEMNIFICATION Each unit owner shall be liable to the Association for any damage to the common areas or any equipment thereon which may be sustained by reason of the negligence of said unit owner or of his guests or invitees, to the extent that any such damage shall not be covered by insurance. Each unit owner does further, by the acceptance of his deed, agree to indemnify each and every other unit owner, and to hold him or her harmless, from any claim of any person for personal injuries or property damage occurring within the residence of the unit owner, unless said injury or damage shall occur by reason of the negligence of any other unit owner, and each unit owner further agrees to defend, at his expense, any and all remaining owners who may be sued by any person for a claim for personal in injury or property damage alleged to have been sustained within the residence of that unit owner. Section 7. OUTSIDE INSTALLATIONS AND DRAPERIES No outside television or radio pole, antenna or clothesline shall be constructed, erected or maintained. No wiring or installation of air conditioning or other machine shall be installed on the exterior of the building of the Project or be allowed to protrude through the walls or roof of the building. All draperies which are visible from outside the condominium building shall be of a neutral color, and no tinfoil or similar substance of any nature shall be permitted. However, the Association may erect and maintain antennas if erected on the top of the condominium building. Section 8. PET REGULATIONS No animals, livestock or poultry shall be kept in any residency, except that domestic dogs, cats, fish and birds in inside bird cages may be kept as household pets within the project, provided that they are not kept, bred or raised therein for commercial purposes or in unreasonable quantities. As used in this Declaration, "unreasonable quantities" shall be deemed to limit the number of dogs, cats and birds to two (2) each. The Association shall have the right to prohibit maintenance of animal which constitutes, in the opinion of the Directors of the Association, a nuisance to any other unit owner. Dogs and cats belonging to unit owners, occupants or their licensees must be either kept within an enclosure, or on a leash being held by a person capable of controlling the animal. The enclosure must be maintained so that the animal cannot escape therefrom and shall be subject to the approval of the Board of Directors of the Association. Should any dog or cat belonging to a unit owner be found unattended out on the enclosure and not being held on a leash by a person capable of controlling the animal, such animal may be removed by the Board of Directors or a person designated by them to a pound under jurisdiction of the local municipally in which the property is situated. Furthermore, any unit owner shall be absolutely liable to each and all remaining owners, their families, guests and invitees, for any damage to person or property caused by any pets brought or kept upon the property by an owner or by members of his family, guests, licensees or invitees. Section 9. VIEW OBSTRUCTIONS No vegetation or other obstruction shall be planted or maintained by any unit owner in such a location or of such a height as unreasonably obstruct a view from any other residence in the vicinity thereof. In the event of a dispute between owners of units as to the obstruction of a view such dispute shall be submitted to the Board of Directors, whose decisions in such matters shall be binding. Any such obstruction shall, upon request of the Board, be removed or otherwise altered to the satisfaction of the Board by the owner of the residence upon which said obstruction is located. Section 10. BUSINESS OR COMMERCIAL ACTIVITY No business or commercial activity shall be maintained or conducted in any residence, except that Declarant, or a person designated by the Association as agent of the Association for purposes of managing the property, may maintain management offices and facilities in a residence or in a temporary structure constructed on the project. Provided, however, that professional and administrative occupations may be carried on within the residences so long as there exists no external evidence thereof, except that identifying signs may be placed on the doors of the second story residences. Section 11. TEMPORARY STRUCTURE No temporary structure, boat, truck, trailer, camper or recreation vehicle of any kind shall be used as a living area while located on the protect; however, trailers or temporary structures for use incidental to the initial construction of the improvements on the property may be maintained t hereon, but shall be removed within a reasonable time upon completion of construction of the project. Section 12. RUBBISH REMOVAL Trash, garbage or other waste shall be disposed of only by depositing same, wrapped in a secure package, into a designated trash container or garbage disposal. No owner of a unit shall permit or cause any trash or refuse to be disposed of on any portion of the project subject to this Declaration. No portion of the project shall be used for the storage of building materials, refuse or any other materials other than in connection with approved construction. There shall be no exterior fires whatsoever, except barbeque fires contained within receptacles thereof. Section 13. LEASE OF UNITS Any unit owner may lease his unit to a third party, but such a lease arrangement must be in writing and shall provide that the failure to comply in all respects with the previsions of this Declaration and the Association Bylaws shall be a default under the terms of the lease. No unit owner may lease his unit for transient or hotel purposes; nor may less than the entire unit be leased. Any attempt by an owner to subject his ownership interests to a time-sharing concept shall be deemed to be in violation of this section. ARTICLE III ARCHITECTURAL PROVISIONS Excepting the interior of units, no replacement, addition, or alteration of the building, structure, fence, drainage facility, common or limited common area landscaping or planting shall be effected on the project other than by Declarant until the plans, specifications and plat plan showing the location and nature of such replacement, addition, alteration or removal have been submitted to and approved in writing by the Board of Directors. ARTICLE IV REPAIR AND MAINTENANCE Section 1. REPAIR AND MAINTENANCE DUTIES OF ASSOCIATION The Association shall maintain, repair and make necessary improvements to, and pay for out of the maintenance fund to be provided, all common areas and the building thereon; all corrective architectural, landscaping and repair work within residences, if the unit owner fails to repair the areas subject to his control and duty to maintain; all metered utilities common areas; and all parking areas, ramps, walks and other means of ingress and egress within the project. To the extent not assessed to or paid by the unit owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the common areas or limited common areas. It shall further be the affirmative duty of the Association to require strict compliance with all provisions of this Declaration and to inspect the property for any violations thereof. Notwithstanding anything of the foregoing to the contrary, all expenses relating to the maintenance and repair of the elevators serving the condominium building shall be a common expense to be allocated among the residential units only. Any gas utility bills shall be a common expense to be paid by the commercial units only. Section 2. GENERAL POWERS OF THE ASSOCIATION The Association shall have all of the powers set forth in its Articles of Incorporation, together with its general powers as a nonprofit corporation, generally to do any and all things that a corporation organized under the laws of the State of Alaska may lawfully do in operating for the benefit of its members, subject only to the limitations upon the exercise of such powers as are expressly set forth in the Articles, the Bylaws and in this Declaration and to do any and all acts which may be necessary or proper for, or incidental to, the exercise of any of the express powers of the Association or for the peace, health, comfort, safety and general welfare of the unit owners and their guests. Section 3. SPECIAL POWERS OF BOARD OF DIRECTORS Without in any way limiting the generality of the foregoing, in the event that the Board of Directors determines that an improvement is in need of repair, restoration or painting, or that landscaping is in need of installation, repair or restoration, or that an improvement is in existence without proper approval of the Board, or that there is a violation of any provision of this Declaration, then the Board of Directors shall give written notice to the unit owner of the condition, or violation complained of, and unless the Board has approved in writing corrective plans proposed by the unit owner to remedy the condition complained of within such period of time as may be determined reasonable by the Board of Director after it has given written notice, and such corrective work so approved is completed thereafter within the time allotted by the Board of Directors, the Board of Directors shall undertake to remedy such condition or violation complained of, and the cost thereof shall be charged to the unit owner and his condominium whose residence is the subject matter of the corrective work and such cost shall be deemed to be a special assessment to such unit owner, and his condominium, and subject to levy, enforcement and collection by the Board of Directors in accordance with the assessment lien procedure provided for in this Declaration. Section 4. RIGHTS OF ENTRY The Association shall have a limited right of entry in and upon all limited common areas and the exterior of all units for the purpose of taking whatever corrective action may be deemed necessary or proper by the Association. Nothing in this Article shall in any manner limit the right of the unit owner to exclusive control over the interior of his unit. Provided, however, that an owner shall grant a right of entry to the Association, or any other person authorized by the Association, in case of any emergency originating in or threatening his unit, whether the owner is present or not. Provided further, that an owner shall permit other owners, or their representatives, to enter his unit for the purpose of performing required installation, alterations or repair of the mechanical or electrical services to a residence, provided that requests for entry are made in advance and that such entry is at a time convenient to the owner whose unit is to be entered. In case of an emergency, such right of entry shall be immediate. Section 5. MISCELLANEOUS DUTIES AND POWERS The Association shall have the right to install or construct capital improvements on any of the common areas. The Association may, at any time and from time to time, reconstruct, replace or refinish any improvement or portion thereof upon the common areas in accordance with the original design, finish or standard of construction of such improvement; construct, reconstruct, replace or refinish any surface upon any portion of common areas designated as a parking area; replace destroyed trees or other vegetation and plant trees, shrubs and ground cover upon any portion of the common areas; and place maintain upon the common areas such signs as the Association may deed necessary for their identification, for regulation of traffic, including parking, the regulation and use of the common areas and for the health, welfare and safety of unit owners and their guests. The Association may delegate all of the powers contained in this Declaration to any management organization or individual, and the Association may employ personnel necessary for the effective operation and maintenance of the building and common areas of any type described herein, including the employment of legal and accounting services. Section 6. REPAIR AND MAINTENANCE BY UNIT OWNER Each unit owner shall, at its own expense, maintain, repair, replace and restore all portions of his residence, including the interior walls, ceilings, windows, floors, doors and permanent fixtures and limited common areas subject to his exclusive control, in a clean, sanitary and attractive condition. ARTICLE V DESTRUCTION OF IMPROVEMENTS Section 1. DAMAGE AND DESTRUCTION If, within sixty (60) days of damage or destruction of all or part of the property, it is not determined by a majority of all unit owners to repair, reconstruct or rebuild in accordance with the original plans, or by unanimous vote of all unit owners to do otherwise, then:
Section 2. APPLICATION OF INSURANCE PROCEEDS Subject to the provisions of Section 1, and the interests of any holder of a first mortgage, in tie event of damage or destruction as the result of fire or other casualty, the Board of Directors shall arrange for the premed repair and restoration, exclusive, however, of furniture, furnishings, fixtures or equipment installed by unit owners, and the Board of Directors shall disburse the proceeds of all insurance policies to the contractors engaged in such repair and restoration in appropriate progress payments. Any cost of such repair and restoration in excess of the insurance proceeds shall constitute a common expense, and the Board of Directors may assess all unit owners for sup: deficit as part of the common charges. Section 3. RIGHT TO PARTITION The common areas and facilities shall remain undivided, and no unit owner or other person may bring any action for partition or division of any part, unless the property has been removed from the provisions of the Horizontal Property Regimes Act of the State of Alaska. Section 4. SUBDIVISION AND COMBINATION OF RESIDENTIAL UNITS AND COMMON AREAS AND FACILITIES A resolution adopted and signed by at least seventy-five percent (75%) of the unit owners may provide for the subdivision or combination, or both, of any unit or units or parts thereof, and the means for accomplishing such subdivision or a combination, or both, and any such resolution shall provide, in conjunction therewith, for the appropriate amendments to this Declaration, the Bylaws or any other documents or agreements affected thereby; provided that the space combined or subdivided shall, after such subdivision or combination, have the same percentage of total value that such space had prior to such subdivision or combination unless such percentage of total value is changed by appropriate amendment in accordance with Article X hereof. Section 4(a). SUBDIVISION AND COMBINATION OF COMMERCIAL UNIT AND COMMON AREAS AND FACILITIES If not prohibited by the Horizontal Property Regimes Act of the State of Alaska (as the same may be amended), Declarant or its designee, or any subsequent owner of the commercial units, shall have the right, without the vote or consent of the Board of Directors, other unit owners or the representative or representatives of holders of mortgages on units to (i) make alterations, additions or improvements in, to and upon the commercial units, whether structural or nonstructural, interior or exterior, ordinary in the commercial units from time to time; (iii) change the size of the commercial units by subdividing the same into any desired number of units (or by combining any units resulting from such subdivision); and (iv) reapportion among the newly created units resulting from such subdivision (or combination) their appurtenant interest in the common elements; provided, however, that the percentage interest in the common elements of other units shall not be changed by reason thereof, unless the owners of such units shall consent thereto, and, provided further, that the owner of the commercial units shall comply with all laws, ordinances and regulations of all governmental authorities having jurisdiction and shall agree to hold the Board of Directors and all other unit owners harmless from any liability arising therefrom. In the event of the subdivision of the commercial units into separate units, each owner of a newly created unit shall have all the rights, privileges and benefits, and be subject to all the obligations, of the owner of the original commercial unit as provided in this Declaration. The provisions of this Section may not be added to, amended or deleted without the prior written consent of the Declarant or the then owner of the commercial units. Section 5. INTERIOR DAMAGE Restoration and repair of any damage to the interior of any individual unit shall be made by and at the individual expense of the owner of that unit and, in the event of a determination to rebuild after partial or total destruction, shall be completed as promptly as practical and in a lawful and workmanlike manner. Section 6. NOTICE TO MORTGAGEE Any institutional holder of a first mortgage on any unit shall be given written notice of any substantial damage or destruction to a condominium or the common elements. In any event, notice will be given whenever the damage to the common elements exceeds $10,000, or the damage to the individual condominium exceeds $1,000. ARTICLE VI ASSESSMENTS Section 1. LEVY AND PAYMENT All unit owners shall pay all common assessments for common expenses and all applicable special assessments and capital improvement assessments imposed by the Board of Directors. The common assessments and applicable capital improvement and special assessments, together with interest, costs and reasonable attorneys fees, shall be the personal obligation of the person who was the owner of the condominium at the time when the assessment fell due. The assessment shall include payments to a general operating reserve fund for replacement as deemed necessary by the Board of Directors. The assessments levied by the Board of Directors shall be used exclusively to promote the recreation, health, safety and welfare of the residents of the condominiums and for the improvement, operation, replacement and maintenance of the project. Not later than thirty (30) days prior to the beginning of each calendar year, the Board of Directors shall estimate the total charges to be assessed against each condominium. Written notice of the annual assessments shall be sent to every unit owner subject thereto. Each owner thereof shall thereafter pay to the Association his assessment in installments as established by the Board of Directors. In the event the Board of Directors shall determine that the estimate of total charges for the current year is, or will become, inadequate to meet all expenses of the property for any reason, it shall immediately determine the approximate amount of such inadequacy and issue a supplemental estimate of the total charges to be assessed against each condominium. Any further increases in the amount so assessed shall only be effective upon written consent of two-thirds (2/3) of the unit owners and their mortgagees. Each installment of an assessment shall become delinquent if not paid on or before thirty (30) days from the date upon which it becomes due. All annual common assessments shall be paid according to the percentage of ownership in the common areas as set forth in Exhibit C. All excess funds remaining in the general operating reserve fund over and above the amounts used for the operation of the condominium project shall be returned to the unit owners in a proportion equal to their individual contributions or may be retained by the Association and applied to the following year's assessments. In a voluntary conveyance of a condominium, the grantee of the same shall be jointly and severally liable with the grantor for all unpaid assessments by the Association against the latter for his share of the common expenses up to the time of the grant or convenience, without prejudice to the grantee's right to recover from the grantor the amounts paid by the Grantee therefor. Any units owned by the Declarant shall be assessed at seventy percent (70%) of the assessment rate for so long as such units remain unoccupied. From and after the date of recordation of a deed to the first unit owner of an interest in the project, the unit owner shall establish an assessment reserve fund with the Association, which reserve fund shall equal the projected assessments to the unit owner for a two-month period. In addition, the unit owner shall pay to the Association the regular monthly assessment as provided herein, the purpose being to have available at all times for the Association an assessment reserve fund equal to two months of assessments. This assessment reserve fund shall be maintained at all times, just as a reserve for taxes and insurance is so maintained, and in the event of a subsequent transfer of the unit owner's interest in the project, the subsequent purchaser shall be responsible for establishing and maintaining this reserve fund. Section 2. DELINQUENCIES There shall accrue with each delinquent assessment a late charge of Fifteen Dollars ($15.00), together with interest at the maximum rate permitted by law on such delinquent sums, calculated from the date of delinquency to and including the date full pavement is received by the Association. In the event of default by any unit owner in the payment of any assessment, the Association shall notify all persons and firms holding a mortgage or deed of trust by any unit owner on any condominium on the project. Section 3. LIENS, ENFORCEMENT All sums assessed in accordance with the provisions of this Declaration shall constitute a lien oil the respective condominium prior and superior to all other liens, except (1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2) the lien or charge of any mortgage of record made in good faith and for value and recorded prior to the date on which the lien became effective. It shall be the duty of the Association to enforce such lien in any manner permitted by law. In any such foreclosure, the condominium owner shall be required to pay a reasonable rental for the condominium and the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. The Association shall have the power to bid on the condominium at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosing or waiving the lien securing the same, and this provision, or any institution of suit to recover a money judgment, shall not constitute an affirmation of the adequacy of money damages. Any recovery resulting from a suit in law or equity initiated pursuant to this section may include reasonable attorneys' fees as fixed by the court. ARTICLE VII THE ASSOCIATION Section 1. FORMATION AND MEMBERSHIP The Association shall be incorporated under the name of The Woronzof Condominium Association, as a corporation not for profit under the laws of the state of Alaska. Every unit owner who is subject to assessment shall automatically, upon becoming the owner of a condominium, be a member of the Association and shall remain a member thereof until such time as his ownership ceases for any reason, at which time his membership in the Association shall automatically cease. A person shall be deemed as owner of a condominium only upon recordation of a deed conveying the condominium to him, and the membership shall be appurtenant to the condominium conveyed.
Section 2. DUTIES AND POWERS The duties and powers of the Association are those set forth in this Declaration, the Articles of Incorporation and the Bylaws, together with those reasonably implied to effect the purposes of the Association and this Declaration. Section 3. PRIORITIES AND INCONSISTENCIES If there are conflicts or inconsistencies between this declaration and either the Articles of Incorporation or the Bylaws, the terms and provisions of this Declaration shall prevail. Section 4. MANAGING AGENT The Board of Directors of the Association may employ either a responsible individual or an Alaskan corporation to perform such duties and services as the Board shall authorize and delegate. The professional management required hereunder shall not be terminated and such management assumed by the Board without first obtaining the prior consent of all holders of first mortgages on the units. The Association shall enter into a written contract with a professional, corporate or individual manager to conduct and perform the business, obligations, and duties of the Association. Section 5. SHARES AND VOTING At any meeting of the Association, each condominium owner, including Declarant as to those condominiums not sold, shall be entitled to vote the percentage set forth in Exhibit C. Where there is more than one record owner of a condominium, any and all such persons may attend any meeting of the Association, but it shall be necessary for those owners present to act unanimously in order to cast the vote to which the condominium is entitled. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established herein shall be deemed to be binding on all owners of condominiums, their successors and assigns. ARTICLE VIII RIGHTS OF MORTGAGEE Section 1. PRIORITY Where the mortgagee of a mortgage of record which is recorded prior to the date on which the assessment lien became effective, or other purchaser of a condominium, obtains title to the same as a result of foreclosure of any such mortgage, or other purchaser of a condominium obtains title to the same as a result of a deed taken in lieu of foreclosure, the acquirer of title, his successors and assigns, shall not be liable for the share of the common expenses or assessments by the Association chargeable to such condominium which became due prior to the acquisition of title to such condominium by such acquirer, but shall be subject to any future assessments which become due subsequent to his acquisition of title. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the condominiums, including such acquirer, his successors and assigns. Section 2. DEFAULT A breach of any of the provisions, covenants, restrictions or limitations hereof, the recordation of any lien or assessment hereunder, or the pursuit of any remedy hereunder shall not defeat or render invalid the lien of any mortgage made by a unit owner. All of the provisions herein shall be binding upon and effective against any owner whose title to said property is hereafter acquired through foreclosure or trustee's sale. Section 3. RIGHT TO INSPECT ASSOCIATION RECORDS AND NOTICE The holder of a first mortgage of record, its successors and assigns, shall have the right to inspect the Association's books of account and other financial records and shall also be able to require the Association to provide to it such additional financial data as may be reasonably requested to protect its interests, including annual audited financial statements, within ninety (90) days following the end of the fiscal or calendar year of the Association. Written notice of all Association meetings shall be sent to first mortgagees of record who may designate an agent to attend such meetings. Section 4. PRIOR APPROVAL Nothing in this Declaration or the Bylaws of the Association of unit owners provided for herein to the contrary, prior written approval of the holder of the first mortgages or deeds of trust covering all or any portion of the project shall be a condition precedent to the effectiveness of any of the following actions:
ARTICLE IX INSURANCE Section 1. TYPES The Association shall obtain and continue in effect adequate blanket public liability insurance for the common areas and fire insurance with extended coverage for the full replacement value of the project, exclusive of land value. Such insurance shall be maintained by the Association for the benefit of the Association, the unit owners, and the encumbrancers upon the property, or any part thereof, as their interests may appear, with underlying coverage on the individual units. The Association may purchase such other insurance as it may deem necessary, including, but not limited to, plate glass insurance, fidelity bonds and workmen's compensation. Each owner shall provide insurance on his personal property. Nothing herein shall preclude any individual owner from carrying any public liability insurance as he may deem advisable to cover his individual liability for damages to person or property occurring inside his individual unit or elsewhere upon the premises. Notwithstanding any provisions to the contrary herein, the Association shall be required to continuously carry a master condominium policy of casualty insurance, and a fidelity bond, with such coverage and endorsements in form and amounts, including full replacement cost coverage with an agreed amount endorsement as required by the Federal Home Loan Mortgage corporation (FHLMC) during such periods of time as FHLMC is a mortgagee on a unit in the project or the owner of such a unit. Section 2. PREMIUMS AND PROCEEDS Insurance premiums for any such blanket insurance coverage obtained by the Association, and any other insurance deemed necessary by the Association, shall become a common expense to be levied by the Association for the repair or replacement of the property for which the insurance was carried or otherwise disposed of as provided in Article V of this Declaration. This insurance expense need not be included in the regular assessments levied by the Association, but may be collected by holders of first mortgages on individual units. The Association is hereby granted the authority to negotiate loss settlements with the appropriate insurance carriers. And two Directors of the Association may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signature shall be binding on all the unit owners. DURATION AND AMENDMENT Section 1. DURATION This Declaration shall be perpetual and continue in full force until terminated by law or as otherwise provided herein. Section 2. AMENDMENT Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be considered. A resolution adopting a proposed amendment may be proposed by a condominium owner at a meeting of members of the Association. The resolution shall be adopted by approval of condominium owners owning in the aggregate not less than seventy-five percent (75%) of the voting power. A copy of each amendment shall be certified by at least two (2) officers of the Association, and the amendment shall be effective when recorded in the public records, Anchorage Recording District, State of Alaska. Provided, however, that any of the following amendments to be effective must be approved is writing by the record holders of all encumbrances on any condominiums at the time of such amendment:
Section 3. AMENDMENT BY DECLARANT Notwithstanding the foregoing, until the close of any escrow for the sale of a condominium in the project, Declarant shall have the right to terminate or modify this Declaration by recordation of a supplement thereto setting forth such termination or modification. For purposes of this Declaration, the close of escrow shall be deemed to be the date upon which a deed conveying a condominium is recorded. ARTICLE XI CONDEMNATION Section 1. CONSEQUENCES OF CONDEMNATION If, at any time or times during the continuance of the condominium 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 or in advance thereof, the provisions of this Article shall apply. Section 2. PROCEEDS All compensation, damages, or other proceeds therefrom, the sum of which is hereinafter called the "condemnation award", shall be payable to the Association, in trust, for the purposes set forth herein. Section 3. COMPLETE TAKING In the event that the entire project is taken or condemned, sold or otherwise disposed of in lieu of or in avoidance thereof, the condominium ownership pursuant thereto shall terminate. The condemnation award shall be apportioned among the unit owners in proportion to the respective undivided interests in the common elements, provided that if a standard different from the value of the project as a whole is employed to measure the condemnation award in the negotiation, judicial decree or otherwise, then in determining such shares, the same standard shall be employed to the extent it is relevant and applicable. On the basis of the principle set forth in the last preceding paragraph, the Association shall, as soon as practicable, determine the share of the condemnation award to which each owner is entitled and make payment accordingly. Section 4. PARTIAL TAKING In the event that less than the entire project is taken or condemned, or sold or otherwise disposed of in lieu of or in avoidance thereof, 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:
If an allocation of the condemnation award is already established in negotiation, judicial decree or otherwise, then in allocating the condemnation award, the Association shall employ such allocation to the extent it is relevant and applicable. Distribution of apportioned proceeds shall be made by check payable jointly to the respective owners and their respective mortgagees. Section 5. REORGANIZATION In the event a partial taking 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 the ownership, voting rights and assessments ratio determined in accordance with this Declaration according to the same principles employed in this Declaration at its inception and shall summit such reallocation to the owners of remaining units for amendment of this as provided in Article X hereof. Section 6. NOTICE TO MORTGAGEE The institutional holder of a first mortgage on any unit shall be given written notice of any condemnation proceeding described herein, and nothing herein shall entitle a unit owner, or any other party, to priority over the holder of a first mortgage with respect to the distribution of the proceeds of any award or settlement. ARTICLE XII MISCELLANEOUS Section 1. LEGAL PROCEEDINGS Failure to comply with any of the terms of the condominium documents and regulations adopted pursuant thereto shall be grounds for relief which may include, without limiting same, an action to recover sums due for damages, injunctive relief, foreclosure of lien, or any combination thereof, which relief may be sought by the Association or, if appropriate, by an aggrieved unit owner. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the development and operation of the project, and any violation of this Declaration shall be deemed to be a nuisance. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision, or any other provision hereof. Any unit owner not at the time in default hereunder, or Declarant, shall be entitled to bring an action for damages against any defaulting unit owner, and, in addition, may enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant hereto shall include a sum for attorneys' fees in such amount as the court may deem reasonable, in favor of the prevailing party. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. Section 2. SEVERABILITY The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or enforceability of any one provision or portion hereof shall not affect the validity or enforceability of any other provisions hereof. Section 3. CONSTRUCTION BY DECLARANT Nothing in this Declaration shall limit the right of Declarant to complete construction of improvements to the common areas and to units owned by Declarant, or to construct such additional improvements as Declarant deems advisable prior to completion and sale of the entire project. Such right shall include, but shall not be limited to, erecting, constructing and maintaining or, the project such structures and displays as may be reasonably necessary for the conduct of its business of completing the work. This Declaration shall not limit the right of Declarant, at any time prior to acquisition of title by a purchaser from Declarant, to establish on the project additional easements, reservations and rights-of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the project. Prospective purchasers and Declarant shall have the right to use all common areas and limited common areas for access to the sales facilities of Declarant. The rights of Declarant hereunder may be assigned by Declarant to any successor to all or part of Declarant's interest in the project by an express assignment incorporated in a recorded deed transferring such interest to such successor. Section 4. EASEMENTS Declarant expressly reserves, for the benefit of owners in the project, reciprocal easements of access, ingress and egress over all of the common areas. Such easements may be used by Declarant's successors, purchasers and all unit owners, their guests, tenants and invitees, residing or temporarily visiting the project, for pedestrian walkways, vehicular access, and such other purposes reasonably necessary to use and enjoyment of a unit in the project. Such easements shall be appurtenant to, and shall pass with, the title to every unit conveyed. The Declarant expressly reserves, for the benefit of each unit owner, an exclusive easement for use of those areas depicted on the condominium plan as limited common areas, as assigned to each unit owner for his numbered unit. All building walls shall be considered to adjoin and abut the wall of the contiguous residence against the surface from the bottom of the foundation of the building. Such right of use shall to as not to interfere with the use and enjoyment of the owners of adjoining residences, and in the event that any such contiguous wall is damaged or injured from any cause other than the act or negligence of one of the owners, the same shall be repaired or rebuilt at their joint expense. In the event any portion of the common elements encroaches upon any unit, or any unit encroaches upon the common elements, as a result of the construction, reconstruction, repair, shifting, settlement or movement of any portion of the project, a valid easement for the encroachment and for the maintenance of the same shall exist so long as the encroachment exists. Section 5. VALUATION OF UNIT AND PROPERTY AND VOTING RIGHTS Each unit described herein is valued as set forth in Exhibit C, the total value of such units being the value of property comprising the project. The owner of each unit shall have an undivided interest in the common areas and facilities appertaining to each unit for all purposes, including voting as set forth in Exhibit C. Section 6. SERVICE OF PROCESS The name and residence of the person to receive service of process in the cases provided for in the Horizontal Property Regimes Act of the State of Alaska is:
or such other persons as the Board may from time to time designate. This Declaration has been executed on the day and year first hereinabove written.
THIS IS TO CERTIFY that on this 21 , day of April , 1980, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared RICHARD J. FRANKE and RONALD L. COOPER, known to me to be the partners of THE TOWER, an Alaskan partnership above, and known to me to be the persons named in and who executed the within and foregoing instrument, for and on behalf of said partnership by authority duly vested in them, and they acknowledged to me that they signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written.
CONSENT OF LENDER The undersigned holds a security interest in the real property described in the foregoing Declaration and hereby consents to the submittal of said property to the Horizontal Property Regimes Act (AS 34.07 et seq.) and to the terms and provisions of this Declaration. DATED this 7 day of May , 1980.
THIS IS TO CERTIFY that on this 7th day of May , 1980, before me, the undersigned, a Notary Public in and for the State of Alaska, duly commissioned and sworn as such, personally appeared Lucille Stietz , known to me to be the Vice President of NATIONAL BANK OF ALASKA, a corporation named above, and known to me to be the person named in and who executed the within and foregoing instrument, for and on behalf of said partnership by authority duly vested in him, and he acknowledged to me that he signed the same freely and voluntarily for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first hereinabove written.
EXHIBIT A Unit No. 101
Unit No. 102
Unit No. 200
Unit No. 201
Unit No. 202
Unit No. 203
Unit No. 204
Unit No. 300
Unit No. 301
Unit No. 302
Unit No. 303
Unit No. 304
Unit No. 305
Unit No. 306
Unit No. 307
Unit No. 400
Unit No. 401
Unit No. 402
Unit No. 403
Unit No. 404
Unit No. 405
Unit No. 406
Unit No. 407
Unit No. 500
Unit No. 501
Unit No. 502
Unit No. 503
Unit No. 504
Unit No. 505
Unit No. 600
Unit No. 601
Unit No. 602
Unit No. 603
Unit No. 700
Unit No. 701
Unit No. 702
Unit No. 703
The immediate common area to which all of the foregoing units have access is the hallway and elevator lobby area on each the floors of the condominium building. EXHIBIT B The following-described portions of the common areas and facilities are "limited common areas and facilities", reserved for the exclusive use of the particular units below listed to the exclusion of all other units in the project, as also shown on the survey map and floor plan of the project on file: Unit No. 200
Unit No. 201
Unit No. 202
Unit No. 203
Unit No. 204
Unit No. 300
Unit No. 301
Unit No. 302
Unit No. 303
Unit No. 304
Unit No. 305
Unit No. 306
Unit No. 307
Unit No. 400
Unit No. 401
Unit No. 402
Unit No. 403
Unit No. 404
Unit No. 405
Unit No. 406
Unit No. 407
Unit No. 500
Unit No. 501
Unit No. 502
Unit No. 503
Unit No. 504
Unit No. 505
Unit No. 600
Unit No. 601
Unit No. 602
Unit No. 603
Unit No. 700
Unit No. 701
Unit No. 702
Unit No. 703
EXHIBIT C
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