Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Mountain Haus Common Element 1970-1979
y � i 1 Project Application Ric(Date Project Name: U S (' / t C" J0 w tj cl d i T;o r^ S Project Description: w '-� d D w d�( �y / 2't ys flV, QVPFer Address and Phone: GR iP Architect Address and Phone: Legal Description: Lot Zone Zoning Approved: Motion by: Seconded by: APPROVAL Block , Filing Design Review Board Date DISAPPROVAL Summary: Zoning Administrator r �,y Date: c t Date: Chief Building Official the printery, va,I in OO —1-1C x I n m O n O rn x= n z n O D D r n O �7 n CO O O n O m .� n n O D r n ~, Oz G) O � m 11 m Z n z7 D O r x n 2 -� m �7 O CO D K m � m Cr) O n D r m r (-i 3 Z r- -i > D z) -i D D -i D D D D D — z { r < r < r < r < r r { r m D 0 D 0 D 0 D 0 D 0 D 0 D 0 0 0 o a o 0 0 m m m m m m C/) cn cn N (n N L N U) W r v x m x v 2 m = v 2 m 2 v 2 AM - - FIVE Kmco m r c nm� zz enc) D D r ■ v m O m m x G' N< N m m 0 Z x 0 0 p z m D r0 r A x T O O m O A m D ry n r D n O 7 r < T G7 T m < m O O m v z D D O D O m m ---I m . r m � n Zr O -D X Z D C m m r r Z 0 0 V r m O 0 N D D T D D O D T m 20 n r- m Z C7 m z c> n Z Z cn N D fJ O A O In Q m y Z _ - = z o<_ C n D m C0 0 0 v r �" cn T z z Dm O = D z O co m co n 10 p vD C7 Q O O D O O o z < - c c O + z m r O O D 1 N O N coW Z N OO zD v W = 2 D r d m O N � 7zz W > a < Z Z c O < C < O O z mO D D N D O c — O m Z O O c n o x K v m v W VALUATION ? ? I Z Z O m Ln r W 0 n C m D C m m co I O O I Z� D D L) 2 0 z m r r C Z D0 r ? Z m D W (-) O n c m £ m m I I � D Z z n mm0 D W O y= C a N Z n O < Oz D O Dr m z Z C7 O a m m r m 5 G7 = z I D �_ 0 m D D C1 r m D r ``cn com � X I -i O p m A m p m Z n m n n N ^ _ z z � o T o v y E I O N FP -Ti O Z ,. a z m m O O c v CO) m m y cn L, I I CO a ms z y z z ° 0 '3 oI of D (; m O a- D I I y 3 x m s z y 'r z < mI �. a r�1 D m R• N I O m n z O M '< i•7 1't O = c-) c,) o O < m m U O -n - m �+ m z O m A 0 n D m r z n v x Z D 0 N -n -A n mZ N N O Z c -i N 0 O ,• t. ` D 74 v ` v W m C . fv � c z CA :) m D y 7• t�. EJ El E = --+ C CO© \ = O -1 D C ;;o0 D Z --+ N > z x o N 0 i O 0 •--+ 0 C z T -u �. O r- a. V :J tt-{ m 7c C C (D Z � ro 0 Cl) . O L7 ro m rn n n N O N n N N /) a M '< i•7 1't o z = c-) c,) o O < m m U O -n - m �+ m z O m A 0 n D m r z n v x Z D 0 N -n -A n mZ N N O Z c -i N 0 O ,• t. ` D — v ` v W m C . fv � c z CA :) m D 0 < m M m O D ?J z C) EJ El E = --+ C CO© \ = O -1 D C ;;o0 D Z --+ N > z x o N 0 i O 0 •--+ 0 C z T -u �. O r- a. tt-{ m 7c C C (D Z � ro 0 Cl) . O L7 ro O o z = c-) c,) o O < m m U O -n - m �+ m z O m A 0 n D m r z n v x Z D 0 N -n -A n mZ N N O Z c -i N 0 O ` D — C ` N N a W m C . fv = c z CA :) m D 0 < m M m O D ?J z C) 0 O r m -1 N = --+ C CO© \ = O -1 D C ;;o0 D Z --+ N > z x o N 0 i O 0 •--+ 0 C z tt-{ R N D 2 O i n O ?J L7 N \0 \ Z < N C n -0 n O z O Z 0 O ` D — C ` N N a W m C . fv = INS►--ZCTION REQUEST TOWN OF VAIL DATE JOB NAME CALLER READY FOR INSPECTION: MON TU ES WED THUR FRI AM PM LOCATION: BUILDING: ❑ FOOTINGS/ STEEL ❑ FOUNDATION / STEEL ❑ FRAMING ❑ INSULATION ❑ SHEETROCK NAIL n ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL ❑ APPROVED CORRECTIONS: DATE PLUMBING: ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ ROUGH / WATER ❑ GAS PIPING ❑ POOL / H. TUB ❑ FINAL MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR n ❑ FINAL ❑ DISAPPROVED INSPECTOR ❑ REINSPECTION REQUIRED the prinhry/vail lovio of voi 1i ' I NVOI`E ELEVATOR INSPECTION OWNER: BUILDING: lJowitain Kair-, ADDRESS: 292 E. Meadow Drive,. Vail, CO 81657 ELEVATOR NO. „ast Elevator INSPECTED ON: _ INSPECTED BY: _ 4. 19,79 INSPECTION FEE NOW DUE $25.00 PAYABLE TO: ta—� TOWN OF VAIL " BOX 100 i^1f`T VAIL, COLORADO 81657 'hep``nte" ^/ INVOICE OWNER: BUILDING: ADDRESS: ELEVATOR NO, INSPECTED ON: INSPECTED BY: ELEVATOR INSPECTION! mountaui .Mils 292 E. '-Sea.clav Drive, Vail, CO 81£57 Fast .Elevator INSPECTION FEE NOW DUE $25.00 PAYABLE TO: TOWN OF VAIL BOX 100 VAIL, COLORADO 81657 �q the printery "v ,\ 10WO of M, box 100 vail, colorado 81657 (303) 476-5613 department of community development May 31, 1979 Mountain Haus 292 E. Meadow Drive Vail, 00 81657 Gentlemen, Enclosed please find a Certificate and an Inspection form for the East and West Elevators in the Mountain Haus, wihch was recently inspected by the Town of Vail Building Department. The Certificate must be posted in the elevator. There are no corrections needed, according to the Inspection form. Also enclosed is the invoice for the Elevator Inspection which should be paid within thirty days. Thank you. Sincerely, Sonja Justice Building Department Encls. DATE JOB NAME READY FOR INSPECTION: MON ,TION REOvr---, - TOWN OF VAIL / Y/,-/) CIA. N -A v J CALLER AM TUES WED T H U FRI ' M LOCATION: PLUMBING: 7BUILDING:GS /STEEL ❑ UNDERGROUND ❑ ROUGH / D.W.V. ❑ FOUNDATION /STEEL ❑ ROUGH /WATER ❑ FRAMING ❑ GAS PIPING ❑ INSULATION ❑ POOL / H. TUB ❑ SHEETROCK NAIL �-� ❑ ❑ FINAL - ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL p)�APPROVED CORRECTIONS: 14'i, z-- DATE MECHANICAL: ❑ HEATING ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ FINAL ❑ DISAPPROVED INSPE I ❑ REINSPECTION REQUIRED the prInIM/vail 0 BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ REQUEST ❑ FRAMING ❑ TION ❑ INSULATION DATE 5 JOB N;;ME 1 -,)AZ' -rnWN OF VAIL POOL / H. TUB El CALLER READY FOR INSPECTION: MON TUES_ WED THUR FRI SAM PM LOCATION: FINAL r BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER ❑ INSULATION ❑ GAS PIPING ❑ SHEETROCK NAIL ❑ POOL / H. TUB El ❑ FINAL ❑ FINAL ELECTRICAL: ❑ TEMP. POWER ❑ ROUGH ❑ CONDUIT ❑ FINAL d,,yAPPR0VED CORRECTIONS: _ ❑ DISAPPROVED MECHANICAL: ❑ HEATING - ❑ EXHAUST HOODS ❑ SUPPLY AIR ❑ FINAL ❑ REINSPECTION REQUIRED TE INSPECTO;" `���--- the printeryivail O z p n m O O iZ Z m -ice n Z C) O D C O-0 Z r �cIm n co D z On n 'Dm ' r "4"J C n I C7 O D C) O Z O �m Z n x O r D n = -1 m 0 m- x O Co Z D m m m U)D n D r r- � C) O T n D T n C) T C7 0 _T C7 T C7 TI T n N Z < D r I < r CN) < r < D > r 3 < D r- 3' -< D r-{ T - D_ m D K � z N D D v T m m c D m D � O O p C D z 3 n 50 m z m `i) O O z m O D D O A m m m m m m m m m m m m N N N N N (n N 0 a � v m v v v v m S S S S S S S N n D Z O < D r D m N O D m �? z m Q r O O O D A N m m O Z zO � —{ O CI Z D zz C) D r =—nip 0 O m z TI m N N C7 � D r I 3 `J CN) N >11 r�.\ 1:1 El I T - 0 m O D v T m m c c m D � O O O D C D z 3 n C) Z S n O 0 z O O m O A * <m< < T T m G m m m m D D Z n D C r X mN z m N Z N N D m O c + II r C z coo m CO D = D z O > m m C) o 7 O < o cc m m O Z z r K O N p N W z N O D m O N D D O m :-jZ �7 Z Z C < c) z m D v m 0 o I W c z Z r O Z zO � —{ O CI Z D zz C) r r =—nip 0 O m O TI m N N C7 � D r I 3 `J CN) { >11 r�.\ 1:1 El I T - 0 m { m m C) O �:O K m m m co r m m m r m D C m N n n C Z Z m_ o Z F D W m n CJ v m � n z 5 m 0 O < Z D D m Fn O * m O CD m --a Nm m m M (n O c LJ VALUATION m Co K r- C C n S � O (7 0 D O D r m Z7 z 0 Z !O N O CD C) � C7 � m r C) M C= r =—nip m O Z�Z O 0 �- C� L� D m C7 D r C) 3 `J CN) { 3 1:1 El T - o V' O z Z c c p p DO v C D z 3 n 50 m z Z O O z � Z m A LJ VALUATION m Co K r- C C n S � O (7 0 D O D r m Z7 z 0 Z !O N O C) � C7 � m D C O D Z C7 m m C) O CN) { Z o o p < c c p z En v > o O o m T Z Z LJ VALUATION m Co K r- C C n S � O (7 0 D O D r m Z7 z 0 Z !O w INLWECTION REQUEST T WN OF VAIL G DATE 3 2 JOB NAME ,i f CALLER READY FOR INSPECTION: MON TUES WED T UR FRI AM PM LOCATION: BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER ❑ INSULATION ❑ GAS PIPING ❑ SHEETROCK NAIL ❑ POOL/ H. TUB _ ❑ ❑ FINAL ���� ❑ FINAL ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ ❑ ❑ FINAL ❑ FINAL APPROVED ❑ DISAPPROVED ❑ REINSPECTION REQUIRED CORRECTIONS: the printery/vail LJ DATE JOB NAME CALLER READY /FOR INSPECTIO MON TUES LOCATION: �� INSwECTION REQUEST HUR �' FRI TOWN OF VAIL 3v r- As PM .n _ -�, r --i BUILDING: PLUMBING: ❑ FOOTINGS/ STEEL ❑ UNDERGROUND ❑ FOUNDATION / STEEL ❑ ROUGH / D.W.V. ❑ FRAMING ❑ ROUGH / WATER ❑ INSULATION ❑ GAS PIPING ❑ SHEETROCK NAIL ❑ POOL / H. TUB ❑ ❑ ❑ FINAL ❑ FINAL ]2j��e- C-4A6&,7- ELECTRICAL: MECHANICAL: ❑ TEMP. POWER ❑ HEATING ❑ ROUGH ❑ EXHAUST HOODS ❑ CONDUIT ❑ SUPPLY AIR ❑ FINAL ❑ FINAL [(APPROVED CORRECTIONS: f ❑ DISAPPROVED ❑ REINSPECTION REQUIRED f 1-1 CONDOMINIUM DECLARATION FOR THE MOUNTAIN HAUS (A Condominium) Recorded 1-15-71 in Book 219 at page 532, as Amended KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS, Mountain Haus Development Co., a Colorado Corporation, hereinafter called "Declarant", is the owner of to real property situate in the County of Eagle, State of Colorado, which property is described on the attached Exhibit "A", which by this reference is made a part hereof; and WHEREAS, Declarant desires to establish a condominium complex under the Condominium Ownership Act of the State of Colorado; and WHEREAS, Declarant has executed plans for the construc- tion of a building, which building and other improvements to be constructed will consist of seventy-five separately designated condominium units; and WHEREAS, Declarant does hereby establish a plan for the ownership in fee simple of real property estates consisting of the area or space contained in each of the air space units in the building improvements and the co -ownership by the individual and separate owners thereof, as tenants in common, of all the remaining property, which property is hereinafter defined and referred to as the general common elements; NOW THEREFORE, Declarant does hereby publish and declare that the following terms, covenants, conditions, easements, restrictions, uses, limitations and obligations shall be deemed to run with the land, shall be a burden and a benef it to Declarant, its successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees or assigns. 1. Definitions, unless the context shall expressly provide otherwise. (a) "Unit" means an individual air space unit which is contained within the perimeter walls, floors, ceilings, windows and doors of such unit in the building as shown on the Condominium Map to be filed for record, together with all fixtures and improvements therein contained but not including any of the structural components of the building located in such unit. (b) "Condominium Unit means the fee simple interest and title in and to a unit, together with the undivided interest in the general common elements appurtenant to such unit and all other rights and burdens created by this Declaration." (c) "Owner" means a person, f irm, corporation, partnership, association or other legal entity, or any combination thereof, who owns one or more condominium units. (d) "General Common Elements" means and includes: (1) The land on which the building is located; (2) The foundations, columns, girders, beams, supports, perimeter and supporting walls, roofs, balconies, sidewalks, hallways, stairways, swimming pool, sauna baths, conference rooms, storage rooms, elevators and driveways of the building; (3) The yards, gardens and automobile parking areas; (4) Any installations consisting of equipment and materials making up any central utility services; (5) In general, all apparatus and installa- tions existing for common use; (6) All other parts of the property and improvements necessary or convenient to its existence, maintenance and safety, or normally in common use. (e) "Limited Common Elements" means those parts of the general common elements which are reserved for the exclusive use of the owner (s) of a condominium unit. (f) "Entire Premises" or "Property" means and includes the land, the buildings, all improvements and structures thereon, all owned in fee simple absolute, and all rights, easements and appurtenances belonging thereto. (g) "Project" or "Condominium Project" means all of the land and improvements initially and subsequently submitted to this Declaration. (h) "Common Expenses" means and includes: (1) Expenses of administration, operation and management, maintenance, repair or replacement of the general common elements; (2) Expenses declared common expenses by provisions of this Declaration and the ByLaws; and (3) All sums lawfully assessed against the general common elements by the Board of Managers. (i) "Association" means a Colorado corporation, not for profit, its successors and assigns, the Certifi- cate of Incorporation and By -Laws of which shall govern the administration of this condominium property, the members of which shall be all of the owners of the condominium units. (j) "Building" means the building improvements comprising a part of the property. (k) "Map" or "Plans" means and includes the engineering survey of the land locating thereon all of the improvements, the floor and elevation plans and any other drawings or diagrammatic plan depicting a part of or all of the improvements. 0 'Commercial Condominium Unit' means a condo- miniu unit which shall be used only for the maintenance -2- E of offices, a health club, restaurant, or such other use as permitted by the Ordinances of the Town of Vail, County of Eagle, State of Colorado. (m) 'Residential Condominium Unit' means a condominium unit which shall be used and occupied by the owner, his family, guests, or tenants, only for resi- dential or lodging purposes. (n) 'Hotel Operations Expenses' shall mean and include the expenses of administration, operation, and management of those condominium units within the project, which shall be rented or leased as hotel rooms for all or any portion of any calendar year. (o) 'Board of Managers' shall mean the Board of Managers of the Mountain Haus Condominum Association, a Colorado nonprofit corporation, who, pursuant to the Articles of Incorporation and said Corporation shall manage and conduct the business and affairs of the Mountain Haus Condominium Association. Whenever the terms and provisions of the Condominium Declaration for Mountain Haus require an action to be performed, the approval of or a decision to be made by the Association, the same shall be made or taken by the Association acting through its Board of Managers. 2. Condominium Map. The Map shall not be filed for record until the building has been substantially completed in order to permit the location, both horizontally and vertically, of the unit(s) by a registered engineer and a licensed archi- tect. Upon Substantial completion of the building, and prior to the first conveyance of a condominium unit, Declarant shall cause to be filed for record a Map, and such Map may be filed in parts or sections, from time to time, as the units have been sub- stantially completed. Each such section filed, subsequent to the initially filed Map, shall be termed a Supplement to such Map and the numerical sequence of such supplements shall be shown thereon. The Map shall depict and show at least the following: The legal description of the land and a survey thereof; the location of the unit within the building, both horizontally and vertically; the perimeter boundary of each unit and the location therein of any structural components or supporting elements of the building; the thickness of the common wall(s) between units and the unit numbers or other designation. The Map shall contain the certificate of a registered engineer certifying that the Map substantially depicts the layout, measurements and location of the building, the units, the unit designations, the dimensions of such units, the elevations of the unfinished floors and ceilings as constructed and that the Map was prepared subsequent to subsantial completion of the improvements depicted. In inter- preting the Condominium Map the existing physical boundaries of each unit as constructed shall be conclusively presumed to be its boundaries. Declarant reserves the right to amend the Map, from time to time, to conform same to the actual physical location of the con- structed improvements and to any changes, modifications or alterations. 3. Division of Property into Condominium Units. The real property described in Exhibit "A" and the improvements to be constructed thereon are hereby divided into the following fee simple estates: Seventy-five separate fee simple estates, each such estate consisting of one unit together with an appurtenant undivided one seventy-fifth interest in and to the general common -3- elements. The general common elements shall be held in common by the owners thereof. Each condominium unit is described on the attached Exhibit "B", which by this reference is made a part hereof. Each condominium shall be identified on the Map by the n umbe r as is shown on Exh ih i t "B". 4. Limited Common Elements. A portion of the general common elements is reserved for the exclusive use of the owners of the respective units, and such areas are referred to as "limited common elements". The limited common elements so reserved are th balconies. The balconies adjoining and asso- ciated with a unit, as shown on the Map, shall be used in connection with such unit to the exclusion of the use thereof by the other owners of the general common elements except by invitation. Notwithstanding the foregoing, the Association, its Board of Managers and Managing Agent, shall have the unrestricted, irrevocable easement to traverse, cross and utilize any portion of the limited common elements which may be necessary in order to maintain, repair or replace the general and/or limited common elements. Except as specifically hereinabove required, no reference to an individual owner's right to use a specific limited common element, whether such right of use is exclusive or non-exclusive, may be made in any instrument of conveyance or any other instrument in accordance with paragraph 6 of this Declaration. 5. Inseparability of a Condominium Unit. Each unit, the appurtenant undiv ded interest in the general common elements, as well as all other appurtenances, rights and burdens, including an owner's exclusive right to condominium unit, which condominium unit shall be inseparable and shall only be conveyed, leased, devised or encumbered as a condominium unit. 6. Description of Condominium Unit. Every contract for the sale of a condominium unit written prior to the sub- stantial completion of the condominium unit and prior to the filing for record of the Map may legally describe a condominium unit by its identifying unit number, followed by the words "The Mountain Haus, a Condominium", with further reference to the Map thereof to be filed for record and the Declaration to be recorded. After the Condominium Map and this Declaration have been recorded in the Office of the Clerk and Recorder of the County of Eagle, Colorado, every contract, deed, lease mortgage, trust deed, will or other instrument, shall legally describe a condo- minium unit within the Mountain Haus at Vail Condominium Project as follows: Condominium Unit No. , the Mountain Haus, a Condominium, in accordance with the Declara- tion recorded on , 19 as the same has been amended by instrument recorded on F 19_, in Book at Page and the Condominium Map recorded on , 19 , in Book at Page of the Eagle County Records. Every such description shall be good and sufficient for all purposes to sell, convey, transfer, encumber or otherwise affect not only the unit, but also the undivided interest in the general common elements appurtenant to such unit, the owner's rights in any limited common elements appurtenant to his unit and all other appurtenant property and property rights, and incorp- orate all of the rights and burdens incident to the ownership of a condominium .unit and all of the limitations thereon as described in this Declaration, as amended, and the Condominium Map. Each such description shall be construed to include a on- -4- 0 E exclusive easement for ingress and egress to and from an owner's unit and the use of all of the limited common elements appurte- nant to such unit as well as to the general common elements. 7. Separate Assessment and Taxation. Notice to Assessor. Declarant shall give written notice to the Assessor of the County of Eagle, Colorado, of the creation of condominium ownership of this property, as is provided by law, so that each unit and the undivided interest in the general common elements appurtenant thereto shall be deemed a parcel and subject to separate assessment and taxation. S. Title. A condominium unit may be held and owned by more than one person as joint tenants or as tenants in common, or in any real property tenancy relationship recognized under the laws of the State of Colorado. 9. Non-Partitionability of General Common Elements. The general common elements shall be owned in common by all of the owners of the units and shall remain undivided. By the acceptance of his deed or other instrument of conveyance or assignment, each owner specifically waives his right to institute and/or maintain a partition action or any other action designed to cause a division of the general common elements, and each owner specifically agrees not to institute any action therefor. Further, each owner agrees that this paragraph 9 may be applied as a bar to the maintenance of such an action. A violation of this provision shall entitle the Association to personally collect, jointly and severally, from the parties violating the same, the actual attorney's fees, costs and other damages the Association incurs in connection therewith. 10. Use of General and Limited Common Elements. Each owner may use the appurtenant general and limited common elements in accordance with the purposes for which they are intended, without hindering or encroaching upon the lawful rights of others; provided, however, that any tenants, business invitees, or guests of a commercial condominium unit shall be prohibited from using the pool, sauna, or other recreational facilities situated within the condominium project without the express consent of the Association. The Association may adopt rules and regulations governing the use of the general and limited common elements, and in regard to the owners of the residential condo- minium units, such rules and regulations shall be uniform and non-discriminatory. Each owner, by the acceptance of his deed or other instrument of conveyance or assignment, agrees to be bound by any such rules and regulations adopted by the Association in regard to the use of the general and limited common elements. The Association shall have the right to enforce any rules and regulations adopted pursuant to the terms heref, by any proceed- ings at law or in equity. Failure by the Association to enforce any rights hereunder shall in no event be deemed a waiver of the right to do so thereafter. Use and Occupancy. Each residential condominium unit si ated within the Project shall be used and occupied by the owner, his family, guests or tenants only for lodging and dwelling purposes; provided, however, that this restriction as to use shall not prohibit an owner from leasing his condominium unit in accordance with the rules and regulations adopted by the Association. Each owner of Commercial Condominium Unit Nos. 101, 103, 105 and 107 shall be entitled to use his commercial unit for either residential or office purposes, provided that any such use shall be in conformance and subject to all of the applicable statutes, ordinances, rules and regulations adopted by any municipality having jurisdiction over the Project and by the Association. Commercial Condominium _Units Nos_ 1 and 2may be used by the owners thereof for office purposes, as a health club' -5- or as a restaurant or for any other lawful use, so long as any additional use s a no intere�e _ait Fecondominium ominium met Fd - 3T ownershipgwnership of the Mountain Haus Condominium Proiect. 12. Easements for Encroachments. In the event that any portion of the general common elements encroaches upon a unit or units or in the event that any portion of a unit encroaches upon any other unit or units or upon any portion of the general common elements or in the event encroachment shall occur in the future as a result of settling of the building; or alteration or repair of the general common elements; or repair or restoration of the building or units after damage by fire or other casualty or condemnation or eminent domain proceedings; a valid easement shall exist for the encroachment and maintenance of the same so long as the building stands or the encroachment exists. In the event that any one or more of the units or the building or other improvements comprising part of the general common elements are partially or totally destroyed and are then rebuilt and recon- structed in substantially the same location and as a result of such rebuilding any portion thereof shall encroach as provided in the preceding sentence, a valid easement for such encroachment shall exist. Such encroachment and easement shall not be considered or determined to be encumbrances on either the general canmon elements or on the units for purposes of marketability of title or other purposes. In interpreting any and all provisions, of the Declaration, subsequent unit deeds and mortgages to the units, the actual location of the units shall be deemed con- clusively to be the property intended to be conveyed, reserved or encumbered notwithstanding any minor deviations, either horizon- tally or vertically from the location indicated on the Condo- minium Map. 13. Termination of Mechanic's Lien Rights and Indemni- fication. Subsequent to the completion of the improvements described on the Map, no labor performed or materials furnished and incorporated in a unit with the consent or at the request of the uni owner or his agent or his contractor or subscontractor shall be the basis for filing of a lien against the unit of any other unit owner not expressly consenting to or requesting the same, or against the general common elements. Each owner shall indemnify and hold harmless each of the other owners from and against all liability arising from the claim of any lien against the unit of any other owner or against the general common elements for construction performed or for labor, materials, services or other products incorporated in the owner's unit at such onwer's request. The provisions herein contained are subject to the rights of the Managing Agent or Board of Managers of the Association as is set forth in paragraph 15. 14. Administration and Management. The administration and management of this condominium property shall be governed by the Articles of Incorporation and By -Laws of Mountain Haus Condominium Association, a Colorado non-profit corporation, hereinafter referred to as the "Association". An owner of a condominium unit, upon becoming such an owner, shall be a member of the Association and shall remain a member for the period of his ownership. There shall be recorded from time to time a certificate of identity of the persons then comprising the management body (Managers and Officers) together with identity of the Managing Agent, if any. Such certificate shall be conclusive evidence thereof in favor of any person relying thereon in good faith. The first such certificate shall be recorded on or before December 1, 1971. The Association shall be granted all of the powers necessary to govern, manage, maintain, repair, administer and regulate the project as a condominium and perform all of the duties required of it. Further, the Association shall be granted and is authorized to act as a rental agent on behalf of those owners who desire the Association to assist them in the rental of their condominium units. In furtherance of this authorization and power, the Association is hereby granted the right to use certain portions of the general common elements of the project, as necessary to assist it in the performance of its duties, including, but not limited to the right to establish on the general common elements, a front desk, office and reservation center. Notwithstanding the above, unless at least 75% of the first mortgagees of condominium units (based upon one vote for each first mortgage owned or held) have given their prior written approval, the Association shall not be empowered or entitled to: (1) By act or omission, seek to abandon or terminate the condominium regime; (2) Partition or subdivide any condominium unit; (3) By act or omission seek to absndon, partition, subdivide, encumber, sell or transfer, the general common elements; (4) Use hazard insurance proceeds for loss to improvements for other than repair, replacement or reconstruction of such improvements. The Association shall grant to each first mortgagee of a condo- minium unit, the right to examine the books and records of the condominium project at any reasonable time. Further, the Association shall notify each first mortgagee of any condominium unit of any proposed amendment to the Association's Articles of Incorporation or By -Laws or any change in the Association's Management Agent at least ten days prior to the effective date of such amendment or change. 15. Reservation for Access - Maintenance, Repair and Emergencies. The owners shall have the irrevocable right, to be exercised by the Managing Agent or Board of Managers of the Association, to have access to each unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the general common elements therein or accessible therefrom, or for making emergency repairs therein necessary to prevent damage to the general common elements or to another unit or units. Damage to the interior or any part of a unit or units resulting from the maintenance, repair, emergency repair or replacement of any of the general common elements or as a result of emergency repairs within another unit at the instance of the Association shall be a common expense of all the owners; pro- vided, however, that if such damage is the result of the negli- gence of a unit owner, then such unit owner shall be responsible for all of such damage. Restoration of the damaged improvements shall be substantially the same as the condition of such improve- ments prior to the damage. 16. owners' Maintenance Responsibility of Unit. For purposes of maintenance, repair, alteration and remodeling, an owner shall be deemed to own the interior non -supporting walls, the materials (such as but not limited to plaster, gypsum dry wall, paneling, wallpaper, paint, wall and floor tile, and flooring, but not including the sub -flooring) making up the finished surfaces of the perimeter walls, ceilings and floors -7- within the unit and the unit doors and windows. The owner shall not be deemed to own lines, pipes, wires, conduits or systems (which for brevity are hereafter referred to as "utilities") running through his unit which serve one or more other units except as a tenant in common with the other owners. Such utilities shall not be disturbed or relocated by an owner without written consent and approval of the Board of Managers. Such right to repair, alter and remodel shall carry the obligation to replace any finishing or other materials removed with similar or other types or kinds of materials. An owner shall maintain and keep in repair the interior of his own unit, including the fixtures thereof. All fixtures and equipment installed within the unit commencing at a point where the utilities enter the unit shall be maintained and kept in repair by the owner thereof. An owner shall do no act nor any work that will impair the structural soundness or integrity of the building or impair any easement or hereditament. 17. Compliance with Provisions of Declaration, By -Laws of the Association. Each owner shall comply strictly with the provisions of the Declaration, the Articles of Incorporation and By -Laws of the Association and the decisions, resolutions, rules and regulations of the Association, including rules and regula- tions adopted in regard to the rental of units within the project by members of the Association, as the same may be lawfully made and amended, and/or modified, from time to time. 18. Revocation or Amendment to Declaration. This Declaration shall not be revoked unless all of the owners and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all of the condominium units unanimously consent and agree to such revocation by instrument (s) duly recorded. This Declaration shall not be amended unless the owners representing an aggregate ownership interest of 66-2/3% percent or more of the general common elements and all of the holders of any recorded mortgage or deed of trust covering or affecting any or all condominium units unanimously consent and agree to such amendment by instrument (s) duly recorded; provided, however, that the percentage of the undivided interest in the general common elements appurtenant to each unit, as expressed in this Declaration, shall have a permanent character and shall not be altered without the consent of all the unit owners expressed in an amended Declaration duly recorded. 19. Assessment for Common Expenses. All owners shall be obligated to pay the estimated common expense assessments (hereinafter sometimes referred to as "assessments") imposed by the Board of Managers of the Association to meet the common expenses and reserves. The assessments shall be made in pro- portion to each owner's "percentage of responsibility" for the payment of assessments, which percentage of responsibility is set forth on Exhibit C attached hereto and incorporated by reference herein. In the event that the use of Condominium Units No. 101, 103, 105 and 107 are converted from their present commercial use to residential purposes, then and in such event, the Board of Managers of the Association shall have the right to amend Exhibit C to reflect this fact. Such amendment shall be evidenced by the Board of Managers of the Association filing an Amended Exhibit Cto the Declaration. No consent of the members shall be required in regard to the Amendment of Exhibit C under such circum- stances. The limited common elements shall be maintained as general common elements, and owners having exclusive use thereof shall not be subject to any special charges or assessments. Assessments for the estimated common expenses, including insurance, shall be due monthly in advance on the first day of each month. The Managing Agent or Board of Managers shall prepare and deliver or mail to each owner an itemized monthly statement showing the various estimated or actual expenses for which the assessments are made. Contributions for monthly assessments shall be prorated if the ownership of a condominium unit commences on a day other than the first day of a month. The assessments made for common expenses shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Managers of the Association shall from time to time determine is to be paid by all of the condominium unit owners, including Declarant, to provide for the payment of all estimated expenses growing out of or connected with the maintenance and operation of the general common elements, which sum may include, among other things, expenses of management; taxes and special assessments, until separately assessed; premiums for fire insurance with extended coverage and vandalism and malicious mischief with endorsements attached issued in the amount of the mximum replacement value of all of the condominium units (includ- ing all fixtures; interior walls and partitions; decorated and finished surfaces of perimeter walls, floors and ceilings; door, windows and other elements or materials comprising a part of the units) ; casualty and public liability and other insurance premiums; landscaping and care of grounds; common lighting and heating; repairs and renovations; trash collections; wages; water charges; legal and accounting fees; advertising; management fees; expenses and liabilities incurred by the Managing Agent or Board of Managers under or by reason of this Declaration; for any deficit remaining from a previous period; the creation of a reasonable contingency or other reserve or surplus fund, as well as other costs and expenses relating to the general common elements. The omission or failure of the Board of Managers to fix the assessment for any month shall not be deemed a waiver, modification or a release of the owners from their obligation to pay. 19A. Assessments for Hotel Operations Expenses. All owners for whom the Association acts as a rental agent in regard to the rental and operation of their respective condominium unit or who, without Association assistance, rent their Condominium unit, shall be obligated to pay the estimated assessments imposed by the Board of Managers of the Association to meet the hotel operations expenses. The assessment shall be made prorata among all of the owners who participate in the project's rental pool or who rent their unit. Assessments for the estimated hotel operations expenses shall be withheld from the revenues produced from the rental of said condominium units in accordance with the percentage of withholding established from time to time by the Association in the performance of its function as a rental agent. In regard to those owners who do not take advantage of the Association's assistance in the rental of their unit, the assessment for hotel operations expenses shall be payable on demand. The Managing Agent or the Board of Managers shall prepare or mail to each owner an itemized statement showing the various estimated or actual expenses for which the assessments are made. The assessments for the hotel operation expenses shall be based upon the cash requirements deemed to be such aggregate sum as the Board of Managers of the Association shall from time to time determine is to be paid by all condominium unit owners who participate in the Association's program to assist such owners in the rental or leasing of their unit, or who rent their unit without Association assistance, to provide for the payment of all estimated expenses growing out of or connected with the operation of such unit as a rental condominium. The omission or failure to deliver or mail a statement for any period shall not be deemed a waiver, modification or release of the owner's obligation to pay their proportionate share of the hotel operations expenses. In regard to the allocation of expenses incurred in the operation, management and maintenance of the condominium project, the Board of Managers of the Association shall determine what portion of such expenses are to be allocated as common expenses and what portion shall be allocated as hotel operations expenses. As long as such determination is made in good faith by the Association's Board of Managers, the same shall be binding upon all of the owners of the condominium units within the project. 20. Insurance. The Managing Agent or Board of Managers shall obtain and maintain at all times insurance of the type and kind provided hereinabove and including for such other risks, of a similar or dissimilar nature, as are or shall hereafter customaily be covered with respect to other condominium build- ings, fixtures, equipment and personal property, similar in construction, design and are issued by responsible insurance companies authorized to do business in the State of Colorado. The insurance shall be carried in blanket policy form naming the Association the insured, as attorney-in-fact (for the condominium unit owners), which policy or policies shall identify the interest of each condominium unit owner (owner's name, unit number, building symbol or designation, the appurtenant undivided interest in the general common elements), and which policy or policies shall provide a standard, noncontributory mortgagee clause in favor of each first mortgagee, and that it cannot be cancelled by either the insured or the insurance company until after ten days' prior written notice is first given to ec owner and each first mortgagee. The Managing Agent or Board of Managers shall furnish a certified copy of such blanket policy and the certificate identifying the interest of the mortgagor. 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 a breach of warranty, act, omission, negligence or non-compliance of 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 otherwise invalidate or suspend the entire policy, but the insurance under any such policy, as to the interests of all other insured owners not guilty of any such act or omission, shall not be invalidated or suspended and shall remain in full force and effect. Insurance coverage on the furnishings and other items of personal property belonging to an owner and casualty and public liability coverage within each individual unit shall be the responsibility of the owner thereof. 21. Lien for Non -Payment of Coamon Expenses. That all sums assessed but unpaid for the share of common expenses or hotel operations expenses chargeable to any condominium unit shall constitute a lien on such unit superior to all other liens and encumbrances except only for: (a) Taxes and special assessment liens on the unit in favor of any assessing agency or governmental authority, and (b) All sums unpaid on a first mortgage or first deed of trust of record, including any unpaid obligatory sums as may be provided by such encumbrance. Each owner hereby acknowledges that the Association's lien as hereinbefore described shall be superior to any claim such owner may have as a homestead and each owner hereby waives any homestead exemption or other exemption granted to him under the laws of the State of Colorado. -10- To evidence such lien the Board if Managers or Managing Agent shall prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the owner of the condominium unit and a description of the condominium unit. Such a notice shall be signed by one of the Board of Managers or by the Managing Agent and may be recorded in the of fice of the Clerk and Recorder of Eagle County, Colorado. Such lien for the common expenses shall attach from the date of the failure of payment of the assessment. Such lien may be enforced by foreclosure of the defaulting owner's condominium unit by the Association in like manner as a mortgage on real property upon the recording of a notice or claim thereof. In any such foreclosure the owner shall be required to pay the costs and expenses of such proceedings, the costs and expenses for filing the notice or claim of lien and all reasonable attorney's fees. The owner shall also be required to pay to the Association the monthly assessment for the condominium unit during the period of foreclosure, and the Associa- tion shall be entitled to a Receiver to collect the same. The association shall have the power to bid in the condominium unit at foreclosure sale and to acquire and hold, lease, mortgage and convey same. Any encumbrancer holding a lien on a condominium unit may pay, but shall not be required to pay, any unpaid common expenses payable with respect to such unit, and upon such payment such encumbrancer shall have a lien on such unit for the amounts pad of the same rank as the lien of his encumbrance. The Association shall report to the mortgagee of a condominium unit any unpaid assessments remaining unpaid for longer than thirty days after the same are due. 22. Owners' Obligation for Payment of Assessments. The amount of common expense assessments and hotel operations expenses, where applicable, assessed against each condominium unit, shall be the personal and individual debt of the owner thereof at the time assessment is made. No owner may exempt himself from the liability for his contribution for common expenses or hotel operations expenses, where applicable, by waiver of his use or enjoyment of any of the general common elements or abandonment of the units. The Board of Managers shall have the responsibility to take prompt action to collect any unpaid assessment whih remains unpaid for more than twenty days from the due date for the payment thereof. In the event of a default in the payment of the assessment, the defaulting condominium unit owner shall be obligated to pay interest thereon at the rate of 10% per annum on the amount of the assessment from the due date thereof, together with all incurred expenses, including court costs and reasonable attorney's fees. A suit to obtain money judgment for unpaid common expenses and hotel operations expenses shall be maintainable without constituting an election of remedies or waiving the lien securing said debt. 23. Liability for Common Expense Upon Transfer of Condominium Unit is Joint. Upon payment of a reasonable fee not to exceed Twenty -Five Dollars and upon the written request of any owner or any mortgagee or prospective mortgagee of a condominium unit, the Association, by its Managing Agent or if there is no Managing Agent, then by the financial officer of the Association, shall issue a written statement setting forth the amount of the unpaid expenses (common) , if any, with respect to the subject unit, the amount of the current monthly assessment and the date that such assessment becomes due, credit for advances payments or for prepaid items, including, but not limited to insurance premiums, which statement shall be conclusive upon the Associa- -11- tion in favor of all persons who rely thereon in good faith. Unless such request for a statement of indebtedness shall be c applied with within ten days, all unpaid common expenses which become due prior to the date of making such request shall be subordinate to the lien of the person requesting such statement. The grantee of a condominium unit shall be jointly and severally liable with the grantor for all unpaid assessments against the latter for his proportionate share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor; provided, however, that upon payment of a reasonable fee not to exceed Twenty -Five Dollars, and upon written request, any such prospective grantee shall be entitled to a statement from the Managing Agent or Board of Managers setting forth the amount of the unpaid assessments, if any, with respect to the subject unit, the amount of the current monthly assessment, the date that such assessment becomes due, and credits for advanced payments or for prepaid items, including, but not limited to insurance premiums, which statement shall be conclusive upon the Association. Unless such request for such a statement shall be complied with within ten days of such request, then such requesting grantee shall not be liable for, nor shall the unit conveyed be subject to a lien for any unpaid assessments against the subject unit. The provisions contained in this paragraph shall not apply upon the initial transfer of the condominium units by Declarant. That the term 'grantee' as used herein shall not mean a first mortgagee who comes into possession of a condominium unit pursuant to the remedies provided in its mortgage or a first mortgagee who becomes an owner of a condominium unit pursuant to foreclosure of its mortgage or by taking of a deed in lieu thereof, and such first mortgagee shall have no liability for any unpaid common expense assessments or hotel operations expenses arising prior to the time it becomes the record title holder of a condominium unit. 24. Mortgaging a Condominium Unit - Priority. Any owner shall have the right from time to time to mortgage or encumber his interest by deed of trust, mortgage or other security instrument. A first mortgage shall be one which has first and paramount priority under applicable law. The owner of a condominium unit may create junior mortgages on the following conditions: (1) That any such junior mortgages shall always be subordinate to all of the terms, conditions, covenants, restrictions, uses, limitations, obligations, lien for common expenses, and other obligations created by this Declaration, the Certificate of Incorporation and the By -Laws of the Association; and (2) That the mortgagee under any junior mortgage shall release, for the purpose of restoration of any improvements upon the mortgaged _premises, all of his right, title and interest in and to the proceeds from all insurance policies upon said premises which insurance policies were effected and placed upon the mortgaged premises by the Association. Such release shall be furnished forthwith by a junior mortgagee upon written request of one or more of the Board of Managers of the Association. 25. Assocation as Attorney -in -Fact. This Declaration does hereby make mandatory the irrevocable appointment of an attorney-in-fact to deal with the property upon its destruction, repair or obsolescense. -12- Title to any condominium made subject to the terms and co by any grantee of a deed from t'. shall constitute appointment of provided. All of the owners irr Mountain Haus Condominium Associal for profit, their true and lawfu: and stead for the purpose of dea. destruction or obsolescence as attorney-in-fact, the Associatior tary, shall have full and complet( to make, execute and deliver an instrument with respect to the owner which are necessary and app v unit is declared and expressly editions hereof, and acceptance ie Declarant or from any owner the attorney-in-fact herein ?vocably constitute and appoint ion, a Colorado corporation not attorney in their name, place A ng with the property upon its is hereinafter provided. As by its president and secre- authori zation, right and power t contract, deed or any other Lnterest of a condominium unit ropriate to exercise the powers herein granted. Repair and reconstruction of the improvement (s) as used in the succeeding sub -paragraphs means restoring the improvement (s) to substantially the same condition in which it existed prior to the damage, with each unit and the general and limited common elements having substantially the same vertical and horizontal boundaries as before. The proceeds of any insurance collected shall be available to the Association for the purpose of repair, restoration or replacements unless the owners and all first mortgagees agree not to rebuild in accordance with the provisions set forth hereinafter. (a) In the event of damage or destruction due to fire or other disaster, the insurance proceeds, if sufficient to reconstruct the improvement(s), shall be applied by the Association, as attorney-in-fact, to such reconstruction, and the improvement (s) shall be promptly repaired and reconstructed. The Association shall have full authority, right and power, as attorney-in-fact, to cause the repair and restoration of the improvement(s). (b) If the insurance proceeds are insufficient to repair and reconstruct the improvement(s), and if such damage is not more than fifty percent (50% percent of theallndominium units (the whole property), not includ- ing land, such damage or destruction shall be promptly repaired and reconstructed by the Association, as attorney-in-fact, using the proceeds of insurance and the proceeds of an assessment to be made against all of the owners and their condominium units. Such deficiency assessment shall be a common expense and made pro rata according to each owner's percentage interest in the general common elements and shall be due and payable within thirty (30) days after the written notice thereof. The Association shall have full authority, right and power, as attorneyin-fact, to cause the repair or restoration of the improvements using all of the insurance proceeds for such purpose notwithstanding the failure of an owner to pay the assessment. The assess- ment provided for herein shall be a debt of each owner and a lien on his condominium unit and may be enforced and collected as is provided in Paragraph 21. In addition thereto, the Association, as attorney -intact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such deficiency assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association, as attorney-in-fact. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney-in-fact, in following order: (1) For payment of the balance of the lien of any first mortgage; -13- J (2) For payment of taxes and special assess- ments liens in favor of any assessing entity; (3) For payment of unpaid common expenses; (4) For payment of junior liens and encum- brances in the order of and to the extent of their priority; and (5) The balance remaining, if any, shall be paid to the condominium unit owner. (c) If more than fifty percent (50%) of all of the condominium units (the whole property), not including land, are destroyed or damaged, and if the owners representing an aggregate ownership interest of sixty- sixand two-thirds per cent (66-2/3%) or more of the general common elements, do not voluntarily, within one hundred days thereafter, make provisions for recon- struction, which plan must have the unanimous approval or consent of every first mortgagee, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's president and secretary, the entire remaining premises shall be sold by the Association, as attorney-in-fact for all of the owners, free and clear of the provisions contained in this Declaration, the Map and the By -Laws. The insurance settlement proceeds shall be collected by the Association, and such proceeds shall be divided by the Association according to each condominium unit owner's interest , (as such interests appear on the policy or policies), and such divided proceeds shall be paid into separate accounts, each such account representing one of the condominium units. Each such account shall be in the name of the Association, and shall be further identified by the condominium unit designated and the name of the owner. From each separate account the Association, as attorney in -fact, shall forthwith use and disburse the total amount (of each) of such account, without contribution from one account to another, toward the partial or full payment of the lien of any first mortgage against the condo- minium unit represented by such separate account. Thereafter, each such account shall be supplemented by the apportioned amount of the proceeds derived from the sale of the entire property. Such apportionment shall be based upon each condominium unit owner's percentage interest in the general common elements. The total funds of each account shall be used and disbursed, without contribution from one account to another, by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in sub -paragraph (b) (1) through (5) of this paragraph. The provisions contained in this sub -paragraph shall not hinder the protection given to a first mortgagee under a mortgage endorsement. If the owners representing an aggregate ownership interest of sixty-six and two-thirds per cent (66-2/3%), or more, of the general common elements adopt a plan for reconstruction, which plan has the unanimous approval of all first mortgagees, then all of the owners shall be bound by the terms and other provisions of such plan. .Any assessment made in connection with such plan shall be a common expense and made pro rata according to each owner's percentage interest in the general common elements and shall be due and payable as provided by the -14- terms of such plan, but not sooner than thrity (30) days after written notice thereof. The Association shall have full authority, right and power, as attorney-in- fact, to cause the repair or restoration of the improve- ments using all of the insurance proceeds for such purpose notwithstanding the failure of any owner to pay the assessment. The assessment provided for herein shall be a debt of each owner and a lien on his condo- minium unit and may be enforced and collected as is provided in Paragraph 21. In addition thereto, the Association as attorney-in-fact, shall have the absolute right and power to sell the condominium unit of any owner refusing or failing to pay such assessment within the time provided, and if not so paid, the Association shall cause to be recorded a notice that the condominium unit of the delinquent owner shall be sold by the Association. The proceeds derived from the sale of such condominium unit shall be used and disbursed by the Association, as attorney-in-fact, for the same purposes and in the same order as is provided in sub -paragraph (b) (1) through (5) of this paragraph. (d) The owners representing an aggregate ownership interest of sixty- six and two-thirds percent (66-2/3%) or more, of the general common elements may agree that the condominium units are obsolete and adopt a plan for the renewal and reconstruction, which plan has the unanimous approval of all first mortgagees of record at the time of the adoption of such plan. If a plan for the renewal or reconstruction is adopted, notice for the renewal or reconstruction is adopted, notice of such plan shall be recorded, then the expense thereof shall be payable by all of the owners as common expenses; provided, however, that an owner not a party to such a plan for renewal or reconstruction may give written notice to the Associa- tion within fifteen (15) days within which to cancel such plan. If such plan is not cancelled, then the condominium unit shall be purchased accordig to the following procedures. If such owner and the Association can agree on the fair market value thereof, then such sale shall be consummated within thirty (30) days thereafter. If the parties are unable to agree, the date when either party notifies the other that he or it is unable to agree with the other shall be the "commencing date" from which all periods of time mentioned herein shall be measured. Within ten (10) days following the commencement date, each party shall nominate in writing (and give notice of such nomination to the other party) an appraiser who shall be an MAI appraiser. If either party fails to make such a nomination, the appraiser nominated shall, within five (5) days after default by the other party, appoint and associate with him another MAI appraiser. If the two appraisers designated by the parties, or selected pursuant hereto in the event of the default of one party, are unable to agree, they shall appoint a third MAI appraiser to be a mediator between them. The decision of the appraisers as to the fair market value, or in the case of their disagreement, then such decision of the mediator shall be final and binding. The expenses and fees of such appraisers shall be borne equally by the Association and the owner. The sale shall be consummated within fifteen (15) days there- after, and the Association, as attorney-in-fact, shall disburse such proceeds as is provided in subparagraph (b) (1) through (5) of this paragraph. -15- (e) The owners representing an aggregate ownership interest of sixty-six and two-thirds percent (66-2/3%), or more, of the general common elements may agree that the condominium units are obsolete and that the same should be sold. Such plan (agreement) must have the unanimous approval of every first mortgagee. In such instance, the Association shall forthwith record a notice setting forth such fact or facts, and upon the recording of such notice by the Association's president and secretary, the entire premises shall be sold by the Association as attorney-in-fact for all of the owners, free and clear of the provisions contained in this Declaration, the Map and the By -Laws. The sales proceeds shall be apportioned between the owners on the basis of each owner's percentage interest in the general common elements, and such apportioned proceeds shall be paid into separate accounts, each such account repre- senting one condominium unit. Each such account shall be in the name of the Association, and shall be furter identified by the condominium unit designation and the name of the owner. From each separate account the Association, as attorney-in-fact, shall use and disburse the total amount (of each) of such accounts, without contribution from one account to another, for the same purposes and in the same order as is provided in sub- paragraph (b) (1) through (5) of this paragraph. 26. Personal Property for Common Use. The Association may acquire and hold for the use and benefit of all of the condominium owners, real, 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 owned by the condominium owners in the same proportion as their respective interest the general common elements and shall not be trans- ferable except with the transfer of a condominium unit. A transfer of a condominium unit 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 the other owners. The transfer of title to a condominium unit under foreclosure shall entitle the purchaser to the beneficial interest in such personal property associated with the foreclosed condominium unit. 27. Registration by Owner of Mailing Address. Each owner shall register his mailing address with the Association, and except for monthly statements and other routine notices, all other notices or demands intended to be served upon an owner 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, demands or other notices intended to be served upon the Board of Managers of the Association or the Association shall be sent by certified mail, postage prepaid, to 2301 First National Bank Building, Denver, Colorado 80202, until such address is changed by a notice of address change duly recorded in the Office of the Clerk and Recorder, Eagle County, Colorado. 28. Period of Condominium Ownership. The separate condominium estates created by this Declaration and the Map shall continue until this Declaration is revoked in the manner and as is provided in Paragraph 18 of this Declaration or until terminated in the manner as is provided in sub -paragraphs (c) or (e) of Paragraph 28 of this Declaration. 29. Parking Areas Reserved. The automobile parking areas adjoining the condominium units shall be under the control and supervision of the Declarant. -16- 30. General. (a) If any of the provisions of this Declaration or any paragraph, sentence, clause, phrase or word, or the application thereof in any circumstance be inval- idated, such invalidity shall not affect the validity of the remainder of this Declaration, and the application of any such provision, paragraph, sentence, clause, phrase or word in any other circumstances shall not be affected thereby. (b) The provisions of this Declaration shall be in addition and supplemental to the Condominium Ownership Act of the State of Colorado and to all other provisions oflaw. (c) That whenever used herein, unless the context shall otherwise provide, the singular number shall include the plural, the plural the singular, and the use of any gender shall include all genders. IN WITNESS WHEREOF, Declarant, by its corporate officers, has duly executed this Declaration this day of , 1981. By: ATTEST: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing instrument termed Condominium Declaration for The Mountain Haus (A Condominium) was acknowledged before me this day of , 1981, by , President, and , Secretary of Mountain Haus Development Co., a Colorado Corporation. Witness my hand and official seal. My commission expires Notary Public Address: -17- SCHEDULE A - LEGAL DESCRIPTION That part of Tract B, VAIL VILLAGE FIRST FILING, described as follows: Beginning at a point whence the Southwest corner of the NE NW of Section 8, Township 5 South, Range 80 West bears South 080 14' West 655.09 feet, thence North 02018' East a distance of 115.26 feet to a point on the Southerly right of way line of Gore Creek Road, thence South 87054'26" East and along said Southerly right of way line a distance of 200.0 feet, thence South 02°18' West a distance of 100.98 feet, thence North 87042' West a distance of 100 feet, thence South 02°18' West a distance of 15 feet, thence North 87°42' West a distance of 100 feet to the point of beginning, County of Eagle, State of Colorado. EXHIBIT B CONDOMINIUM DECLARATION FOR THE MOUNTAIN HAUS (A Condominium) APPURTENANT UNDIVIDED UNIT NUMBER INTEREST (FRACTION 1 One -Seventy -Fifth 2 One -Seventy -Fifth 101 One -Seventy -Fifth 103 One -Seventy -Fifth 105 One -Seventy -Fifth 107 One -Seventy -Fifth 109 One -Seventy -Fifth 111 One -Seventy -Fifth 102 One -Seventy -Fifth 104 One -Seventy -Fifth 106 One -Seventy -Fifth 108 One -Seventy -Fifth 110 One -Seventy -Fifth 112 One -Seventy -Fifth 214 One -Seventy -Fifth 215 One -Seventy -Fifth 216 One -Seventy -Fifth 217 One -Seventy -Fifth 218 One -Seventy -Fifth 220 One -Seventy -Fifth 221 One -Seventy -Fifth 222 One -Seventy -Fifth 223 One -Seventy -Fifth 224 One -Seventy -Fifth 225 One -Seventy -Fifth 326 One -Seventy -Fifth 328 One -Seventy -Fifth 329 One -Seventy -Fifth 330 One -Seventy -Fifth 331 One -Seventy -Fifth 332 One -Seventy -Fifth 333 One -Seventy -Fifth 334 One -Seventy -Fifth 335 One -Seventy -Fifth 336 One -Seventy -Fifth 337 One -Seventy -Fifth 339 One -Seventy -Fifth 341 One -Seventy -Fifth 438 One -Seventy -Fifth 440 One -Seventy -Fifth 42 One -Seventy -Fifth 444 One -Seventy -Fifth 446 One -Seventy -Fifth 448 One -Seventy -Fifth 451 One -Seventy -Fifth 455 One -Seventy -Fifth 457 One -Seventy -Fifth 550 One -Seventy -Fifth 552 One -Seventy -Fifth 554 One -Seventy -Fifth 556 One -Seventy -Fifth 668 One -Seventy -Fifth 560 One -Seventy -Fifth 561 One -Seventy -Fifth EXHIBIT B (Continued) APPURTENANT UNDIVIDED UNIT NUMBER INTEREST (FRACTION 565 One -Seventy -Fifth 567 One -Seventy -Fifth 569 One -Seventy -Fifth 571 One-Seventv-Fifth 573 One -Seventy -Fifth 664 One -Seventy -Fifth 666 One -Seventy -Fifth 668 One -Seventy -Fifth 670 One -Seventy -Fifth 672 One -Seventy -Fifth 674 One -Seventy -Fifth 676 One -Seventy -Fifth 677 One -Seventy -Fifth 679 One -Seventy -Fifth 681 One -Seventy -Fifth 683 One -Seventy -Fifth 685 One -Seventy -Fifth 687 One -Seventy -Fifth 689 One -Seventy -F i fth 691 One -Seventy -Fifth EXH'IB IT C FIRST AMENDMENT TO CONDOMINIUM DECLARATION FOR THE MOUNTAIN HAUS (A CONDOMINIUM) PERCENTAGE OF RESPONSIBILITY UNIT # FOR EXPENSES 1 2 101 102 103 104 105 106 107 108 109 110 111 112 214 215 216 217 218 220 221 222 223 224 225 326 328 329 330 331 332 333 334 335 336 337 339 341 438 440 442 444 446 448 451 455 457 550 3.54165256 .42809900 .63011145 1.31367720 .66068500 1.15012910 .54268047 1.10566604 .87709243 1.10566604 1.12271190 1.15012910 1.70077661 1.55213942 1.31367720 .81702135 1.15012910 .85666392 .10566604 1.10566604 .87709198 1.15012910 1.12271190 1.55213942 1.70077661 1.31367720 1.15012910 .81702135 1.10566604 .85666392 1.10566604 1.64135769 1.15012910 .9538152.0 1.55213942 .87709198 1.12271190 1.70077661 1.31367720 1.15012910 1.10566604 1.10566604 1.15012910 1.55213942 .95381520 1.12271190 1.70077661 1.31367720 APPURTENANT UNDIVIDED INTEREST 1/75 1/75 3/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 1/75 EXHIBIT C (Continued) PERCENTAGE APPURTENANT OF RESPONSIBLITY UNDIVIDED UNIT # FOR EXPENSES INTEREST 552 1.15012910 1/75 554 1.10566604 1/75 556 1.10566604 1/75 558 1.15012910 1/75 560 1.55213942 1/75 561 1.63404269 1/75 563 1.71858655 1/75 565 1.64135769 1/75 567 .95381520 1/75 569 1.75418397 1/75 571 1.12271191 1/75 573 1.70077661 1/75 664 2.37858824 1/75 666 2.09180882 1/75 668 1.88717987 1/75 670 1.80782730 1/75 672 1.63833506 1/75 674 1.61507538 1/75 676 1.64022280 1/75 677 1.53732964 1/75 679 1.63131221 1/75 681 1.40253590 1/75 683 1.64952667 1/75 685 1.61758114 1/75 687 1.82959251 1/75 689 1.62100829 1/75 691 1.61474952 1/75 TOTAL 100.00000000 75/75