Declaration

---

-or .

,

4PLED 91

•

iNS. OtAIHE, KAN=

977303' DECLARATION OP CONDOMINIUM OF PARKWAY 103 CONDOMINIUM 103rd and Nall Overland Park, Kansas

MADE this

2tr..22day of January, 1974, by

L PARKWAY 103 LAND COMPANY, INC., a Kansas Corporation, called I; Developer, for itself, its successors, grantees and assigns. WHEREIN, the Developer makes the following das-

h larations:

1. h fi

Purpose. The purpose of this Declaration is

to submit the lands described in this instrument and imirove ments on such lands to the condominium form of ownership

P and use in the manner providAd by Chapter 58, Article 31, Kansas Statutes Annotated, as amended, hereafter called the 1. ii I.

;

Apartment ownership Act. 1.1

Name and Address. The name by which this

condominium is to be identified is Parkway 103 Condominium,

1: and its post office address is 5423 W. 103rd Place, Overland Park, Kansas. 1.2

The Land. The lands owned by Developer,

which by this instrument are submitted to the condominium form of ownership, are the following described lands lying in Johnson County, Kansas: Lots 1 through 16, Block 1; Lots 1 through 8, Block 2; Lots 1 through 8, Block 3, NALL HILLS, PARKWAY 103, a subdivision in Overland Park, Johnson County, Kansas, according to the recorded plat thereof. LAW OFF CI! ANDERSON. GRANGER AND NAGELS .CAPITOL 'MURAL BUILDING SUITE 106. 667N AND NALL' OVERLAND PARK. PANDAS 66207

which lands are called "the land."MT.! w KANSAS /ss • MNIYOFJOHNSON ). F:EUFORRECORD ' ; •

-

•

151 FEB 25 P.d Z 30 0 )'11417:t7!:„. .1)

51. BY

REGISTER OF HERS

.

AAA.4.4.4.01„.. •

CEP, !mil $455

Fec dal



2.

Definiticns. The terms used in this

Declaration and in its exhibits shall have the meanings stated in the Apartment Ownership Act and as follows, unless the context otherwise requires: 2.1

Apartment means unit or apartment as de-

fined by the Apartment Ownership Act. 2.2

Apartment owner means unit owner or

apartment owner as defined by the Apartment Ownership pct. 2.3 Association means Parkway 103 Condominium Association, Inc., a Kansas not for profit corporation and i.

its successors. 2.4

Common Areas and facilities mea ►s the

common areas and facilities as defined by the Apartment Ownership Act and shall, without limitation, include the tangible personal property required for the maintenance 4

and operation of the condominium, the swimming pool, com1

I, ;amity building area and facilities, public streets, walks, driveways, fences and patios and all other property owned by the Association. 2.5

Common expenses means the common expenses

as defined by the Apartment Ownership Act and shall include: a. expense of administration; expenses of insurance, maintenance, operation, repair, and replacement of the common areas and facilities, and the portions of

apartments to be maintained by the Association. b. expenses declared common expenses by the Association. c. any valid charge against the condominium property as a whole.

2.6

Condominium means all of the condominium

property as a whole when the context so permits, as well as the meaning stated in the Apartment Ownership Act. 2.7

Singular, plural, gender. Whenever the

context so permits the use of the plural shall include the singular, the singular the plural, and the use of any gender shall be deemed to include all genders.

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_ Etc.,

OtJui FAtviva



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2.8 Central Services as used in the Apartment S

Ownership Act and as construed with reference to this condominium, and as used in the Declaration and By-Laws, stall I include but not be limited to cold water, garbage, sewage, =

...4 so l id waste disposal, and in addition at the club only,

heating, air-conditioning, electric power and gas. 2.9

Common income means all of the income,.

rents, profits, and revenues from the common areas and facilities. 2.10 Common profits means the balance of all common income remaining after deduction of the common expenses. 3. 4

II 1!

The Condominium. The Condominium is described

and established as set out on the recorded plat of Parkway 103 Condominium filed of record with the Register of Deeds of

if 11

Johnson County, Kansas, including, but not limited to, the land described in paragraph 1.2 above, thirty-one (31) buildings containing a total of one hundred and six (106)

!i apartment units with basements, and the common areas as defined in paragraph 2.4 hereof. a. Description of Buildings. All buildings are wood frame construction with brick veneer wood siding and poured concrete foundations. Buildings 1, 27 and 30 are two story, and

contain

two apartments with basements, and two two car

garages per building. B " ."ngs 3, 16, 17, i4, 25 and 29 arc two and one-half story, and contain two apartments with basements, and two two car garages per building. Buildings 2, 4, 5, 6, 8, 9, 10, 11, 13, 14, 18, 19, 20, 21, 22, 23, 26, 28, and 31 are two story and contain four apartments with

bsseinsfit'fi

said four two

our

garages per building Buildings 7, 12, 8, 15 are two and one half story and contain four apartments with basements and four two car garages per building. The Buildings designated "Community Building" is a one story brick building containing no apartments, and is not numbered. 3

OCC nos. A

itVL totrIar

Pr)

Witjl



Ii

ii

41 -

i

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k

.

b. The Description of Apartments including i !• the building and apartment number of each apartment, its ll

location, number of rooms, approximate area, proportionate interest and value of the property and of each apartment as

shown on the recorded plat of Parkway 103 Condominium is set forth in Table Number 1. c. The immediate common areas to which

each apartment has access as shown on the

recorded plat of

Parkway 103 Condominium, include the entrances, exterior foundations and roofs of each building in which an apartment is located and the accompanying walks, driveways

and lawns. d. The common areas, of the condominium as shown on the recorded plat of Parkway 103 Condominium and as defined in the Apartment Ownership Act and as described in paragraph 2.4 of this Declaration include immediate Ii

common areas and limited common areas. e. 1; Ii

The limited common areas, as shown on

the recorded plat of Parkway 103 Condominium, include patios and balcony areas to the apartments to which they appertain. f. The purpose for which each building and

1

each apartment is intended is residential and each building 1

and each apartment is restricted to such use except as provided in paragraph 10.9 of this Declaration.

1

g. Service of Process: the person to receive 1 1 1 service of process in any action relating to the common areas

and facilities is: Clifton R. Cohn, 5423 West 103rd Place, tili Over l and Park, Kanaaa,

1)

h. Damage or Destruction. The determination of whether to rebuild, repair, restore or sell the property in the event of damage or destruction of all or part of the property and the percentage of votes by apartment owners in regard thereto is hereinafter set forth in paragraph 9. and sub-paragraphs thereof.

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Gum. &two.. %/trio

rAtE 464

TABLE

4

_ ,1 1

Sloch Slag. Apt. -

-

1 1

1 I

1 2

5426 Nest 103rd Terrace

1 1 1 1

2 2 2 2

3 4 5 6

5414 West 103rd Terrace

1 1

3 3

1 1

1

.

•

No. Approx. Proport. of Area Interest Value Rooms (Sq ft)

Address

11

2,400

11

2,400

.94114 .94114

5410 West 103rd Terrace 5406 West 103rd Terrace 5402 West 103rd Terrace

11 11 11 11

2,500 2,400 2,400 2,500

1.00493 .94114 .94114 1.00493

$33,075 $30,975 $30,975 $53,075

7 8

5320 West 103 rd Terrace 5316 West 103rd Terrace

11 11

2,400 2,400

.94114 .94114

$30,975 $30,975

4 ,•

9 10

1

4

12 11 '12

1

4

11 ' 12

5312 West 103rd Terrace 5308 West 103rd Terrace 5304 West 103rd Terrace 5300 West 103rd Terrace

I i 1

5 4. 5

13

1

5

16

1 1

-6 • 6

17 18 19 20.

14 IS

6 6

1

1 1 1 1

7 7 7 7

I

8

1 1 1

8 8 8

1

5422 West 103rd TCCI4Ce

•

11

10311 Ash 10315 Ash 10317 Ash 10321 Ash-

2,500 .95709 2,300 .90924 2,500 - .95709 . 2,300 - ..90924

12, 2,500- .95709 111 . 2,300 '. '.90924 12 '.'2,500 • .95709 11' • 2,300 ' . 90924 ' 12 2,500 ".95709 11. 2,300 .90924 12' 2;500 .95709 ,. 11 .. 2,300 .90924

10325 Ash 10329 Ash 10331 Ash '10333 Ash 10337 Ash 10341 Ash 10345 Ash :

11':• 2,400 11 • 2,400 11 2,400

10349 Ash

U.

2,400

25 26 27 28

10401 Ash 10405 Ash 10407 Ash "1" 11 Ash

11 11 11 11

' 2,500 2,400 - 2,400 ' 2,500

29 30 31 32

10415 Ash

10419 Ash 10423 Ash 10427 Ash

11 11 11 ' .11 '

33

10431 Ash 10435 Ash 10439 Ash 111AAT Ash

11' 11 11 11

; .37 38 39 -40

5212 West 104th Terrace

11

2,500

1.00493

5208 West 104th Terrace 5204 West 104th Terrate 5200 West 104th Terrace

11

2,40D

11 11

2,400 2,500

.94114 .94114

1.00493

5201 WeL 104th Te.rlac&

11

2,400

11 11 11

.94114

5205 Hest 204th Terrace 5209 West 104th Terrace 5215 West 104th Terrace

2,400 2,400 2,40D

.94114 .94114 .94114

11 11

2,400 i .94114 2,400 ': .94114

21

,22 - 23 24

$30,975 ' $30,975

•

$31,500 $29,925 • $31,500 $29,925 . . $31,500'. $29,925 . -$31,500 $29,925 ... . $31,500 $29,925 -. : $31,500" $29,925

.94114 - $30,975 .94114 -,$30,975 .94114 $30,975 ..94114 $30,975

.

.,

•-

. • -1 i

i

i

1

4

1 I 1

:9 9 9

1 10 /0 1 1_ ,I 5'.10 ,,.iv .,.

34

35 ..

•1 , 11 1 ' 11 1 ' • Il I , •11

..... .

2,400 ' 2,400 2,400 2,400 '

1.00493 .94114. .94114 1.00493

$33,075 $30,975 $30,975 $33,075

.94114 .94114 .94114 .94114

$30,975. $30,975 $30,975 $30,975

2,400 ..94114 2,400 .94114: 2,400 .94114 . 2,400 .94114

1 1

12 12

41 42 : 43 : 44

1 .1 1 1

13 13 13 14

45 46 47 48

5301 West 104th Terrace 5305 West 104th Terrace 5307 West 104th Terrace

11 11

2,400 2,400

• .94114

5311 West 104th Terrace

1

14

49

1 1 1

14 14 14

50 51 52

5315 West 104th Terra.:e 5319 West 104th Terrace 5321 West 104th Terrace e 5325 West 104th 7

11 11 11 11

• 2,400 2,400 2,400 2,400

:94114 .94114 .94114 .94114

li

1 1

•

12

•

-

.94114

$30975 $30,975 $30,975 $50,915 $33,075 $30,975 $3n,o75 $33,075 $30,975 $50,975 $30,975 $30S975 $30,975 $30,975 $30,975 $30,975

$30,975 $30,975 $30,975 $30,975

4A

f155 mr485

•, •

TABLE I

Block Bldg.

No. Approx. of Area /teems (Sq ft)

Address

Apt.

Proport. Interest

Value

1

IS

1 1 1

25 15 15

53 54 55 56

5401 5405 5411 5417

Nest 104th Terrace Nest 104th Terrace West 104th Terrace West 104th Terrace

11 11- 11 11

2,400 2,400 2,400 2,400

.94114 .94114 .94114 .94114

$30,975 $30,975 $30,975 $30,975

1 1

16 16

57 58

5421 West 104th Terrace 5425 West 104th Terrace

11 11

2,400 2,400

.94114 .94114

$30,975 $30,975

2 2

17 17

59 60

5425 West 103rd Terrace 5421 West 103rd Terrace

11 11

2,400 2,400

.94114 .94114

$30,975 $30,975

2 2 2 2

18 18 18 18

61 62 63 64

5411 West 103rd Terrace 5407 West 103rd Terrace 5405 West 103rd Terrace 5401 West 103rd Terrace

11 11 11 11

2,500 2,400 2,400 2,500

1.00493 .94114 .94114 1.00493

$33,075 $30,975 $30,975 $33,075

2 2 2 2

19 19 -19 19

65 66 67 .68

5321 5317 5311 5307

2 2 2 2

20 20 20 20

69 70 71 72

10316 10320 10324 10328

Ash Ash Ash Ash

2 2 2 2

21 21 21. 21

73 74 75 76

10330 10334 10338 10342

Ash Ash Ash Ash

2 2 ..*. 2 . - 2

22 22 22 22

77 78 79 80

5310 West 103rd Place 5314 Nest 103rd. Place 5318 West 103rd Place 5322 West 103rd Place

2,400 11 11 2,400 11 • 2,400 2,400 11

.94114 -.94114 .94114 .94114

$30,975 $30,975 $30,975 $30,975

2 2 2 2

23 23 23 23

81 82 43 84

5400 S404 5408 5412

11 12 11 12

.90924 .95709 .90924 .95709

$29,925 $31,500$29,925 $31,500

2 2

24 24

85 86

5420 West 103rd Place 5424 West 103rd Place

11 - 2,400 11••4 2,400

87 3 : ;:, 28 . 25'..,„ 88 3 " -! ' • .- 26 • .89 3. ! 26 ' 90 3 91 3 • .26 92 3 . . .:26 95 27 3 94 3. - . 27

5423 West 103rd Place 5419 West 103rd Place

11 11

2,400 2,400

Nest 103rd Place West 103rd Place West 103rd Place West 103rd Place

11 12 11 12

2,300 2,500 2,300 2,500

.94114 '. $30,975 .94114 • $50,975 . .90924 $29,925 . .95709 $31,500 .90924 -$29,925 .95709 $31,500

5319 West 103rd Place 5315 West 103rd Place

11 12

2,300 2,500

.90924 .95709

Place place Place Place

11 12 11 12

2,300 2,500 2,300 2,500

t•I

•

•

West 103rd West 103rd West 103rd Nest 103rd

Terrace Terrace Terrace Terrace

11 . 11 11 . 11 :

2,400 2,400 2,400 2,400

.90924 • .95709 .90924 ..95709 .•• - .94114 • .94114 . .94114 .94114

.• 11 • 2,300 12 • 2,500 11 • 2,300 12 • 2,500

'1

West West West West

11 • 2,300 12 2,500 11 2,300. 12 ' 2,500

103rd 103rd 103rd 103rd

Place Place Place Place

$29,925 $31,500 $29,925 $31,500 • $30,975 $30,975 $30,075 $50,975

• -

-. _.

j90924 . $29,925 • . .95709 -$31,500. .90924 -$29,925 .95709 $31,500

2,300 2,500 2,300 2,500 •

.94114 • $30,975 .94114 $30,975

•

3 3 3 3

•

28 28 • 28 28

95 96 97 93

5415 5409 5407 5403

5309 5307 5305 5301

West West West West

103rd 103rd 103rd 103rd

$29,925 $31,500

• .90924 $29,92S . .95709 $31,500 . .90924 • $29,925 , .95709 $31,500

Ivor: 955 pmE469

Amit L.1..

II TABLET

1.11;a: Bldg.

No. Approx. Proport. Apt.

A444as,a.

of Area Rooms (5q. ft)

T

•

Interest

Value.

3

29

99

29

100

5424 West 104th Street 5420 West 104th Street

11

2,400

5

11

2,400

.94114 .94114

$30,975 $30,975

3 3

30 30

101 102

5415 Nest 104th 5414 West 104th

Street Street

11 11

2,400 2,400

.94114

$30,975 $30,975

3 3

Y.* 31

31

103 . 104

5412 West 104th Strout 5408 West 104th Street

11

2,400

3 3

31 31

105 106

5404 Nest 104th Street 5400 West 104th Street

11 11

11

2,400 2,400

.94114

2,400

.94114 •

$30,975

.94114 $30,975 .94114 . $30,975

.94114 • $30;975

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44 ;.; svou 955 rA4E467



a

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i. This Declaration and all amendments

3

thereto may be amended: i. By the corporation filing this

3

Declaration, its successors or assigns or by the Association of Apartment Owners, except as otherwise provided by the

I it

Apartment Ownership Act. ii. All such amendments shall be duly executed, acknowledged and recorded.

ii

iii

all

-

fire* mnr*gmg..c

*hall

be

1 notified within thirty (30) days of any amendment to this Declaration or the

By-Laws

of the Association.

3.1 Exclusive Ownership. Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment.

3.2

Real Property. Each apartment, together

with its undivided interest in the common areas and facilities, 11

shall for all purpoSes constitute real property. 3.3

9

Easements. Easements are reserved through

the condominium property

as may be

required for providing

central services, including the repair and maintenance 11 thereof, in order to serve the condominium adequately. 3.4

Apartment Boundaries.

Each

apartment,

which term as used in this sub-section concerning boundaries 141

shall include that part of the building' containing the apart -

ii

ment which lies within the boundaries of the apartment, which

ii

boundaries are as follows: a. Upper and lower boundaries. The upper and lower boundaries of the apartment shall be the following

Ii boundaries extended to an intersection with the vertical 1: boundaries: i. Upper boundary - the horizontal plane of the under surfaces of the finished ceiling of such apartment. ii. Lower boundary - the horizontal plane of the undecorated surfaces of the floor slab.

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955 pa4ii8 1



b. Vertical Boundaries. The vertical boundaries of the apartment shall be:

i. The exterior walls - the interior surface undecorated Fi nished walls or glass bounding the

apartMent extended to intersections with each other and with the upper and lower boundaries, except: ii. The interior wall - the undecorated 1'

finished core wall extended to intersection with each other and with the upper and lower boundaries. iii. Interior dividing walls - the

-_

i

il

4

;

vertical planes of the center line of walls bounding an

h apartment

Ali

A

extended to intersection with other vertical

1 boundaries with the following exceptions:

1 I

i i

(1) Where walls between units are

il

-.I .

I I



I

of varying thickness, or abut a column, the plane of the center line of a bounding wall shall be extended to an intersection with the connection bounding plane without

1

i !

I/

I!

regard to the plane of the center line of an intervening

it column. (2) Where walls of different

it thickness abut so that their center lines do not intersect, if the olane of the center line of the thinner wall shall be extended into the thicker wall for a distance which is one-half the thickness of the thinner wall, and the boundary 1 shall thence run at a right angle to the plane of the center lime of the thicker 4.

The Apartment.

The apartments of the con-

dominium are described more particularly as follows: Each apartment shall include as part of the exclusive property thereof the following, whether contained therein, or appurtenant thereto: a garage, nut wetee heater, forced air furnace and air-conditioner, plumbing fixtures, one or less fireplaces, dishwasher, waste disposal, electric oven and range, floor and window covering and cabinetry. All apartments will include garages as shown on the recorded plat of Parkway 103 Condominium filed of record with the Register of Deeds of Johnson County, Kansas.

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955

PPLE

469



f

U

i

it

1

1 1

1 i

1

4.1

H A

1

Apartments are described

by number on the recorded plat of Parkway Condominium 103

1

1

Apartment Numbers.

111 1.

filed of record with the Register of Deeds of Johnson County,

H 11

1

0

i

0

Kansas.

4.2

1.

Appurtenances to Apartments.

The owner of

1

each apartment shall own that share and percentage of un-

h1 ii

divided interest in the common areas and facilities as described in Table Number 1, which interest shall not be separated from the apartment to which it appertains, including but not limited to themembership of each apartment owner in

li

the Association and the interest of each apartment owner in the funds and assets held by the Association. 4.3

Liability

1 1

Each apart-

ment owner shall be liable fOr a proportionate share of the common expenses, and shall share in the common income and common profit such share

being

the same as the undivided

share in the common areas and facilities appurtenant to his

1 ! 1 1 1

i

apartment.

1

5.



Maintenance, alteration and improvement.

Responsibility for the maintenance of the condominium

11

property, and restrictions upon its alteration and improve-

I

v 1 i

went, shall be as follows: 1

li

5.1

Apartments. a. By the Association. The Association

11

IC

shall maintain, repair and replace at the Association's expense all common areas and facilities including: i. All portions of each apartment, except interior surfaces, contributing to the support of the structures, which portions shall include but-not be limited to the boundary walls of each apartment. ii. All conduits, ducts, plumbing, wiring, and other facilties for the furnishing of central services which are contained in the portions of a structure maintained by the Association, and all such facilities contained within an apartment that service part or parts of the condominium other than the apartment within which 1

contained; and, -7-

EYUC

955 PAtE 470

sI

iii. All incidental damage caused to an • apartment by such work shall be repaired promptly at the expense of the Association. b.

By the Apartment Owner.

The responsi-

▪ bility of the apartment owner shall be as follows: i. To maintain, repair, and replace at his expense all glass windows, glass doors or storm windows appertaining to his apartment. •

ii. To maintain, repair and replace

• at his expense all portions of his apartment except the 11

portions to be maintained, repaired and replaced by the

t

Association. Such shall be done without disturbing the

jrights of other apartment owners. iii. Not to paint or otherwise 1!

decorate

or change the appearance of any portion of the exterior of

11t• a structure nor do

any

work which would jeopardize the

Iji; soundness or safety of the propert y , reduce the value 4.11nrnnf nr intrA ir Any naRomAnt or hereditament without in i! every such case first obtaining the unanimous consent of K

all of the other apartment owners. iv. To promptly report to the Association any defect or need for repairs for which the Association is responsible. c. Alteration

and improvement.

Except as

elsewhere reserved to Developer, neither an apartment owner nor the Association shall make any al-

_ion in the porticne

of the structures to be maintained by the Association, or remove any portion of such, or make any additions to them, or do work that would jeopardize the safety or soundness of the condominium property, or impair any easement or hereditament without first obtaining approval in writing of owners of all apartments, the approval of the Board of Directors and the approval of mortgagees of record to the property affected. A copy of the plans for such work prepared by an architect licensed to practice in this state shall be filed with the Association prior to the start of the work.

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;VOL

955 p

nr171

5.2

Common areas and facilities. 1 a. By the Association. The maintenance

and operation of the common areas and facilities Shall be 1

the responsibility of the Association and a common expense. b. Alteration and improvement. After completion of the improvements included in the common areas and facilities contemplated by this Declaration, such im-.1

iI r.

provements shall be deemed to be permanent in character and shall not be altered without the consent of all apartment owners. The making of any additions, alterations or improve-

II

ments and providing the necessary work of maintenance, repair and replacement to the common areas and facilities shall be carried out as provided herein and in the By-Laws of the Association. No apartment owner may exempt himself from liability for his contribution toward common expenses and for improvements, alterations and additions properly authorized to common areas and facilities by waiver of the use or enjoyment of the common areas and facilities or by abandonment of his apartment. Labor performed or materials furnished for common areas and facilities if duly authorized by the Association, its managing officer or its Board of Directors in accordance with this Declaration or the By-Laws of the Association shall be deemed to be performed end furnished with the express consent of each apartment owner and shall be the basis for the filing of a lien pursuant to the laws of the State of Kansas against each of the apartments. In the

a 14.h against ten nr mnre

apartments

become

effective, the apartment owners . of the separate apartments may remove their apartment and their percentage of undivided interest in the common areas and facilities appurtenant to such apartment from the lien by payment of the fractional or proportionate amounts attributable to each of the apartments affected. Such individual payment shall be computed by reference to the. percentages appearing in this Declaration. Subsequent to any such payment, discharge, or satisfaction, the apartment and the percentage of undivided interest in the common areas and facilities

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955

PASE

472



1 I..' i

appurtenant thereto shall thereafter be free and clear of the lien so paid, satisfied or discharged. 5.3

The common areas and facilities shall

remain undivided and no apartment owner or any other person

4 II

shall bring any action for partition or division thereof,

unless the property has been removed from the provisions h

of the Apartment Ownership Act.

1

5.4

Each apartment owner may use the common

areas and facilities in accordance with the purpose for 1

which they were iestended without hindering or encroaching

II

upon the lawful rights of the other apartment owners but subject to the By-Laws and Regulations of the Assobiation. 5.5

The Association shall have the irrevocable

right to be exercised by its managing officer or Board of Directors to have access to each apartment from time to time

1

during reasonable hours as may be necessary for the maintenance,' repair or replacement of any of the common areas and facilities therein or accessible therefrom or for making emergency

1

repairs therein necessary to prevent damage to common areas and facilities or to another apartment or apartments. 6. 11

Assessments. The making and collection of

assessments against apartment owners for common expenses shall

;

be pursuant to paragraph 4.3 hereto and the By-Laws and subject to the following provisions: !I

6.1

Common expense. The common expenses shall

include but not be limited to the expenses of operation, ;.

maintenance, repair, replacement, improvements or additions to and of the common areas and facilities and costs of carrying out the powers and duties of tne Association and other expenses designated as common

exper t

ex

by this

Declaration or by the By-Laws of the Association. 6.2

Interest: application of payments. Asses-

sments and installments on such assessments paid on or before ten days after the date when due shall not bear interest, but all sums not paid on or before ten (10) days after the date when due may bear interest at the rate of ten percent (10%)

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:vol: 955 ?Atz4.73

1

1



•

1'

I

'1 1

ID.

......

i

!

! II

I

1.1

per annum from the date when due until paid upon resole-

..i

tion of the Board of Directors of the Association. All

i..

.a

P

;11 payments upon account shall be first applied to interest 1

and . then to

the assessment payment first due.

6.3

I

i

Lien for assessments:

1

Ii

H

I

a. All sums assessed by the Association

1

but unpaid for the share of common expenses chargeable to

i

any apartment shall constitute a lien

i i

on such

apartment

prior to all other liens except only ii) tax liens on the apartment in favor of any assessing unit and special district, and (ii) all sums unpaid on a first mortgage of record. Such lien may be foreclosed by suit by the Manager or the Board of Directors of the Association, acting on behalf of the apartment owners, in like manner as a mortgage on real property. In any such foreclosure, the Manager or the Association, on behalf of the apartment

owners,

shall have

power to bid in the apartment at foreclosure sale and to acquire and hold, lease, mortgage and convey the same. Suit to recover a money judgment tor Impala common expenses shall be maintainable without foreclosing or waiving the ..:1

I

lien securing the same. b. Where the mortgagee of a first mortgage of record or other purchaser of an apartment obtains title to an apartment as a result of a foreclosure of the first mortgage or by a deed executed in lieu of foreclosure, such 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 apartment which become due prior to the acq."-" l or. of title to ouch apartment by the acquirer and such acquirer of title shall take the property free of any claims for unpaid assessments or v.►drew against the mortgaged unit which accrued prior to the time of acquisition of such title. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all the apartment owners including such acquirer, his successors and assigns.

ow: 955 eir,E474



II 1

c. In a voluntary cenveyance the grantee

1

of an apartment shall be jointly and severally liable with 1 1

j

the grantor for all unpaid assessments against the grantor for grantor's share of the common expenses up to the time

1

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 any such grantee shall be entitled to a statement from the managing officer of the Association or its Board of Directors setting forth i the amount of the unpaid assessments aaainst the arantor and such grantee shall not be liable for, nor shall the apartment conveyed be subject to a lien for any unpaid assessments against the grantor in excess of the amount therein set forth. 6.4

Rental pending foreclosure. In any fore -

closure of a lien for assessments the owner of the apartment 1 subject to the lien may be required to pay a reasonable rental for the apartment, and the Association shall be entitled to 1

1 the appointment

or

a receiver to collect the same upon

resolution of the Board of Directors of the Association. 7.

:

Association. The operation

of

the con-

dominium shall be by Parkway 103 Condominium Association, Inc., a corporation not for profit under the laws of Kansas, which shall fulfill its functions pursuant to the following -; provisions: Articles of Incorporation. A copy of

7.1

the Articles of Incorporation of the Association is attached. 7.2

ry-le. The adminiotr ."- 4 -: of the

and of the Association shall be Lrue copy of

which is

governed

by the By-Laws, a

annexed to this Declaration

and

made

a part thereof. No modification of or amendment to the By-Laws shall be valid unless set forth in an amendment to this Declaration and such amendment is duly recorded. 7.3

Limitation upon liability of Association.

r Notwithstanding the duty of the Association to maintain and repair parts of the condominium property, the Association shall

-12-

955 P.4"E475



not be liable to apartment owners for injury or damage, other than the cost of maintenance and repair, caused by any latent condition of the property to be maintained and

1

repaired by the Association. 7.4

Restraint upon assignment of shares in

assets. The share of an apartment owner in the funds and 1

assets of the Association cannot be assigned, hypothecated or transferred in any manner except as an appurtenance to . his apartnent. 7.5 Approval or disapproval of matters. Whenever the decision of an apartment owner is required upon any matter, whether or not the subject of an RIMMiatiOT meeting, such decision shall be expressed by the same person who would cast the vote of such owner if in an Association meeting,

1

unless the joinder of record owners is specifically required by this Declaration. 7.6

1

Voting rights. Members of the Association

shall be entitled to such number of votes as shall equal 1

his percentage of undivided interest in the common areas and facilities 7.7

Leasing. The Association shall have the

1 ;

1 power and authority to enter into such leases (1) for portions of the common areas and facilities and (2) of additional facilities not on the condominium property as it 11



II

sh

al l deem advisable and for the benefi t- of apartment

owners. 7.8

Books of receipts and expenditures. The

managing officer of the Board of Directors of the Association shall keep detailed accurate records in chronological order, of recaipts and expenditures affecting the common areas and facilities, specifying and itemizing the maintenance and repair expenses of the common areas and facilities and any other expenses incurred. Such records and vouchers authorizing payments shall be available for examination by apartment owners and mortgagees and/or its agents or attorneys at ij

convenient hours of weekdays.

-13-

ow; 955 mt€476

•

ii

i

. .

q

- 1

li

i

0

4

7.9

ii

Manager, The Board of Directors of the

► Association shall employ a managing officer (also herein E

referred to as manager) to oversee and be responsible for

1:

the operation and management of the propert y . Said

ilmanaging officer shall be paid such compensation as shall 1:

be agreed upon. No contract with such managing officer

II !:

shall be for a term greater than one (1) year and may be

1/ ,1 renewed from year to year thereafter. The holders of all first mortgages shall be notified within thirty (30) days. II 1i 1

.

4

by the Association of any change of managing officer. 7.10 Notification to First Mortgagees. The

t i II it

Association, within thirty (30) days of default by an owner,

shall notify the holder of the first mortgage of an apartment

11 of any default by the mortgagor in the performance of such li

...

II

mortgagor's

II

i',.1

obligation under this Declaration, the By-Laws

and the regulations of the Association

which

the mortgagor

has not cured. 7.11 Legal Action. The Association shall have

ii II

I!

jt

I;

the right and authority for and on behalf of the apartment owners to initiate any legal action or claim arising out of their ownership of apartments herein, and to negotiate any settlement thereof as shall be authorized by the Board of Directors; and to challenge any tax or special assessment

;:

that may be levied against any apartment. 7.12 Borrow Money. The Board o f 111rAr.*ora

ii ; I

U

of

the Association shall have the right to borrow money for and on behalf of all apartment owners at such rate of

interest and for such period of time as they shall deem ii ii advisable for the purpose of providing funds for carrying

II

out the functions and duties of the Accociatien. Such sums • so borrowed shall be the several obligation of the said owners to the extent of their percentage interest in the common areas and facilities. Any sum borrowed in excess of $10,000.00 shall first have the approval of fifty-one (51%) percent of the votes of the entire membership.

-14rvoe 955

PmE477

7.13 Committees.. The Board of Directors of the Association shall establish such number of committee and for such purposes as it shall deem advisable: provided, however, that it may appoint an Executive Committee con-

.. slating of not ware than three (3) Board neabers to act for 10 and on behalf of the Board and between meetings of the Board. f, ii

7.14 Designation of voting representation. If

1:

li an apartment is owned by one person his right to vote shall li it be established by the record title to the apartment. If an

if apartment is owned by more than one person or is under lease,

ii the person entitled to vote for the apartment shall be

li designated by a certificate signed by all the record owners il of the apartment and filed with the Secretary of the Association 0 . If the apartment is owned by a corporation, the person en-

titled to cast the vote for the apartment shall be designated by a certificate of appoiatment signed by the President or Vice-President and attested by the Secretary or Assistant 1 ii. I

Secretary of the corporation filed with the Secretary of

the Association. Such certificates shall be valid until revoked or until superseded by a subsequent certificate or until a change in the ownership of the apartment concerned.

--7.1

1

11

U

A certificate designating the person entitled to cast the vote of an apartment may be revoked by any owner thereof. 7.15 Change of membership in the Association.

q

..;..i

Change 11 ti liby 1

of membership in the Association , shall be established

recording in the Office of the Recorder of Deeds of

Johnson County , Kansas a deed or other instrument establishing

l'

1

I

0

a record title to an apartment in the condominium and the delivery to the Association of a copy of such instrument,

the owner designated by such instrument thereby becoming a ri H. member of the Association. The membership of the prior owner shall be thereby terminated. In lieu of recording such instrument with•the Register of Deeds, a final order entered by a court of competent jurisdiction transferring such ownership shall transfer such title provided a certified copy of such final order is delivered to the Association.

-3.5Noll 955

PACE

478



II if

L._ 8.



Insurance. the insurance other than title

insurance which shall be carried upen the condominium prop-

2

'. erty and the property of the apartment owners shall be .• governed by the following provisions: 8.1

Authority to purchase: named insured. The

Board of Directors of the Association shall obtain such

. insurance as is herein required and as it deems advisable, 1 . including, but not limited to, insurance against loss or _ • damage by fire and such other hazards, extended coverage and umbrella protection, under such terms and for such amounts ii

2 as shall be required or requested. Such insurance coverage 1

-4

shall be written on the property in the name of the Board of

H r.

r Directors of the Association as trustee for each of the I!

apartment owners in the percentages established in this Declaration. Premiums for such insurance shall be common

q expenses. Provisions for such insurance shall be without 11

prejudice to the right of each apartment owner to insure his

1 own apartment for his own benefit which is not in conflict with insurance procured by the Association. Such insurance purchased by the Board of Directors of the Association, as trustee, shall be for the apartment owners and their mortgagees I:

without naming them as their interest may appear. Provisions shall be made for the issuance of certificates of mortgagee endorsements to the mortgagees of apartment owners. Such policies shall provide that payments for losses thereunder by the insurer shall be made to the Insurance Trustee here-

' after designated. Such policies and endorsments thereon shall be deposLted with the Insurance Trustee. Apartment ; owners may obtain insurance coverage at their own expense i.

,Ton

their -11n

personal property and for their personal

liability and other expenses. 8.2

Insurer. The insurer shall be an insurance

company authorized to do business in Kansas. 8.3

Coverage. a. Casualty. All buildings and improve-

ments upon the land including undivided apartments and the

-16

cm; 955 mcE479

11

1: S 1,

interior portions thereof and all personal property in-

r

cluded in the common areas and facilities shall be insured under one policy, if possible, in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, all as determined annually by the Board of the Association. Such coverage shall afford protection against: i. Loss or damages by fire

and other

hazards covered by a standard extended coverage endorsement,

1 1

and

1. al

ii. Such

other risks

as from time to

time shall be customarily covered with respect to buildings similar in construction, location and use as the buildings on the land, including, but not limited to vandalism and 1

malicious mischief. ii

b.

1

Public Liability for the Association

II

and, if deemed advisable, for the apartment owners in such amounts and with such coverage as shall be required by the nnard of Directors of the Association. including. but not limited to, hired automobile and non-owned automobile coverages, and with cross-liability endorsements to cover liabilities of the apartment owners

as

a group or an

apartment owner. c. Such

other insurance

as the Board of

Directors of the Association shall determine from time to time to be desirable. 1 1

a .

prde,oemer*.

all

insurance policies shall contain an endorsement waiving any "increase of hazard" provision, or a statement that insurance coverage shall not be

prejudiced

by the act or

— —I

neglect of any person when the act or neglect of any person is beyond the control or not within the knowledge of the Association; an endorsement that the policy may not be cancelled or substantially modified without at lea pt 30 days

prior written notice to all named insureds including any and all mortgagees of the condominium units; an endorsement waiving apportionment of loss in the event of other insurance

is fICr. _.__

uuu

a an rAtitLiou 47.4412..

r • T.:—""

H.

0 insuring the same risk; and an endorsement waiving the h right to subrogation as against an owner of a unit in the

condominium. 8.4

Premiums. Premiums upon insurance

i. cies purchased by the Association shall be paid by the Association as a common expense except when an apartment owner's- usage of his individual apartment causes the premium to increase or be increased over that of the normal premium

for customary usage of an apartment, the individual apartment !i owner shall be responsible for the additional premium. 8.5 A

Insurance Trustee; shares of proceeds. All

insurance policies purchased by the Association shall be for

r.

the benefit of the Association and the apartment owners and A their mortgagees as their interests may appear, and shall 11 11 provide that all proceeds covering property losses shall be II 11

paid to any bank in Kansas with trust powers as may be designated as the Insurance Trustee by the Board of Directors of the Association, which Trustee is

I/

herein

referred to as

the Insurance Trustee. The Insurance Trustee shall not be liable for payment of premiums nor for the renewal or the sufficiency of policies nor for the failure to collect any

I

insurance proceeds. The duty of the Insurance Trustee shall be to receive such proceeds as are paid and hold the same

I:

in trust for the purposes elsewhere stated herein and in the Insurance Trust for the benefit of the apartment owners and their mortgagees as set forth in paragraph 8.6a and b.

if ii

8.6

Distribution of Proceeds. Proceeds of

insurance policies received by the Insurance Trustee shall Ise distributedto or for the benefit of ibe beneficial owners in the following manner: a.

sxpense of the Trust. All expenses

of the Insurance Trustee shall be first paid or provisions made therefor. b.

Reconstruction or Repair. If the damage

for which the proceeds are paid is to be repaired or reconstructed, the remaining proceeds shall be paid to defray the

r.. OCR %Jut, Mgt tti./L



cast thereof as elsewhere provided. Any proceeds remaining after defraying

such costs

shall be distributed to the

li beneficial owners, remittances to apartment owners and their mortgagees being payable jointly to them. This is

a covenant for the benefit of any mortgagee of an apartment P and may be enforced by such mortgagee. c. Failure to reconstruct or repair. If it is determined in the manner elsewhere provided that the , damage for

g

which the proceeds are paid shall not be recon-

structed or repaired, the remaining proceeds shall be

•

distributed to the beneficial owners,-remittances to apartment

tllti 11

owners and

their

mortgagees being payable jointly to them.

This is a covenant for the benefit of any mortgagee of an

apartment and may be enforced by such mortgage. d. Certificate. In making distribution II

to apartment owners and their mortgagees, the Insurance Trustee may rely upon a Certificate of the Association made

11

by its President and

Secretary as

to

the

names of the

Ii

apartment owners and their respective shares of the distribution. 8.7

11

Association as agent. The Association is

hereby irrevocably appointed agent for each apartment owner and for each owner of a mortgage or other liens

upon

an

apartment and for each owner of any other interest in the condominium property to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims. •i

9.

Reconstruction or repair - after, casualty.

9.1

Detcrmii)alion to reconstruct of repair. If

any part of the condominium property including individual apartments shall be damaged by casualty, whether or not it shall be reconstructed or repaired shall be determined by the Association within sixty (60) days of the casualty subject to the following: a.

Common areas and facilities. If the

damaged improvement is a part of the common areas and

!vat 955 mtviii



tl 5 is

facilities, the damaged property shall be reconstructed or repaired unless it is determined in the manner elsewhere t provided that the condominium shall be terminated. b. If after the damage it is found by the 1!!

Board of Directors that half or mere of the apartments are

r tenantable, then such damage shall be repaired, reconstructed and rebuilt to a standard and design comparable to that which existed prior to the damage or destruction. No lesser ,., standard or design will be permitted unless approved by a I; vote of seventy-five (75%) percent of the owners of shares • in the Association and the mortgagees of record. 1

c. If after the damage or destruction it is 1 found that less than half of the apartments are tenantable, . 11 then the damaged property will not be repaired, rebuilt or reconstructed unless within sixty (60) days after the casualty the owners of seventy-five (75%) percent of the interest in the .00mmion areas and fa- 41 "ies shall agree in writing to anoh aeLnilanu, d.



or =pair.

Certificate.

The Insurance Trustee may

rely upon a Certificate of the Association made by the • -.11

President and Secretary to determine whether or not the damaged property is to be reconstructed or repaired. 9.2

Plans and specifications.

Any reconstruc-

tion or repair must be substantially in . accordance with the plans and specifications for the original building, or if not, then according to plans and specifications appxo yad by the Board of Directors of the Association duly recorded unending this Declaration. 9.3 repairing,

Responsibility. The cost of rebuilding,

rsfurnishing of an apartment,

which cost has not been covered by insurance purchased by the Association, shall be borne by and paid for by the apartment owner. The responsibility of reconstruction and repair, in all other instances, shall be that of the Association.

-20-

:vi: 95 5 Pfr,i3,483

14 0

9.4

Estimates of costs. Immediately after a

I; 11 casualty causing damage tr. property for which the Association li

has the responsibility of maintenance and repair, or on which

has insuranee, the Association shall obtain li 1: reliable and detailed estimates of the cost to rebuild or h the Association oi

1 repair. 1

I

9.5

!

Assessments.

II

a. For common areas and facilities

li

li

if the

proceeds of insurance are not sufficient to defray the

li

i estimated costs of reconstruction and repair by the Associa-

Ii

tion, or if at any time during reconstruction and repair,

or upon completion of reconstruction and repair, the funds P

for the payment of the costs thereof are insufficient, assessments shall be made against all the apartment owners in sufficient amounts to provide funds to pay such costsand such assessments shall be in proportion to the owners share in the common areas and facilities. b. If the proceeds of insurance are not

sufficient to defray the estimated costs of repair and

11

reconstruction of the common areas and facilities and of the individual apartments, then the owners of the individual apartments

11

shall pay

the excess cost thereof as set forth

in paragraph 9.7b. 9.6

Deductible provision. The funds necessary

I

to cover any deductible amount under an insurance policy 11

ii

againet ehieh a claim is 9.7

m ade

shall

be a

.WMall100

Construction funds. The funds for payment

of costs of reconstruction and repair after casualty, which shall consist of proceeds of insurance held by the Insurance ij •

Trustee and funds collected by the Association from asses-

i

sments against apartment owners, shall be disbursed iu payment is

of such costs in the following manner: a. Association. If the total of assessments made by the Association in order to provide funds for payment of costs of reconstruction and repair which is the responsibility of the Association is more than Five Thousand Dollars ($5,000.00), then the sums paid upon assessments to meet such

is

.costs shall be deposited by the Association with the Insurance

-21-



;volt 955 1'14E484

4 I

Trustee.

11

In all

other oases, the AssociatiOa

shall

hold

the sums paid upon such assessments and disburse the same

vi

ti V

in payment of the costs of reconstruction and repair.

P

b. I;

Insurance Trustee.

The proceeds of

insurance collected on account of a casualty and the sums deposited with the Insurance Trustee by the Association from

P collections of assessments against apartment owners on account • ∎ of such casualty, shall constitute a construction fund which • shall be disbursed in payment of the costs of reconstruction

1.

4

and repair in the following manner: i. The insurance proceeds shall be paid and applied as follows:

1;

1. First: to the cost

of

repair

and reconstruction of the common areas and facilities. 2. Second: to the cost of repair and reconstruction of the damaged apartments in the proportion as the damage of each apartment bears to the damage to all apartments

.4=-,”g°A. 2

Mh4rA: if welly ovirplvto

11

remains, then to the apartment owners and their individual mortgagees, as their interest then appear. ii. If the cost of repairing and reconstructing an individual apartment shall be in excess of the amount allocated to that apartment by 9.7b(i)3., above, the excess cost shall be paid by the apartment owner to the '1

Association at the time a contract is entered into by the Assocciation

11

fox

bucii

y

J.ej etiL

aad recoastr

all

apartment owner shall fail to pay his share of the costs at the time requested, no repair or reconstruction work

.•

shall be performed in that apartment except such work as shal l be deemed by the Board of Directors to he absolutely necessary for the safety and protection of the other apart-

!.

ment owners until such share of the costs has been paid. If an apartment owner shall have repaired or reconstructed his apartment, then upon completion of such repair or reconstruction, the amount allocated to that apartment shall

! be paid by the Association to the apartment owner. The

-22-

cvnii 955 PAsi485

•

The determination of whether the work has been completed

11

1 1shall be made by the Association.

iii. The Board of Directors shall have

1! ft:I II

the authority to determine whether cost of repair and recon.

q struction in excess of the insurance proceeds for an individual apartment or apartments should be borne by the

li: II

Association as a whole. If such determination is made, then

li •1

j

a special assessment thereto shall be levied and the proceeds

11

11

of such assessment added to the construction fund. It shall

1;

be presumed that the first monies disbursed in payment of

Ii iI

costs of reconstruction and repair shall be from insurance

proceeds. iv. If there is a balance in a construction fund after payments of all costs of the reconstruction and repair for which the fund is established, such balance shall be distributed to the apartment owners and their

mortgagees in the same proportion as an individual apartment owners contribution bears to the total contribution by such owners to the construction fund, except that the part of a distribution to a beneficial owner which is not in excess of assessments paid by such owner into the construction fund shall not be made payable to any mortgagee. v. If an architect is employeA by 4h...

11

Association to supervise the reconstruction and repair, then (a) the architect shall determine the proportional share that

:1

the damage to an individual apartment bears to the total

1

APMAgAR

rr

anA

(h)

diaburmomant from the construction fund

shall be upon order of the Board of Directors with approval of the architect. vi.

Certificate. Notwithstanding the

provisions herein, the Insurance Trustee shall not be required to determine whether or not sums paid by apartment owners upon assessments shall be deposited by the Association ti

with the Insurance Trustee, nor to determine whether the disbursements from the construction fund are to be upon the order of the Association or upon approval of an architect or otherwise, nor whether a disbursement is to be made from the construction fund nor to determine the payee nor the

-22-



•

occ __ A 0 ULM,

hmt4tOu

it II

1.

amount to be paid, nor to determine whether surplus funds to be distributed are less than the assessments paid by II owners. Instead, the Insurance Trustee nay rely upon a

l

Certificate of the Association made by its President and

g

• Secretary as to any or all of such matters and stating

1

li that the sums to be paid are due and properly payable and ii i stating the name of the payee and the amount to be paid; provided, that when a mortgagee is herein required to be 11

named as payee, the Insurance Trustee shall also name the i mortgagee as payee of any distribution of insurance proceeds P

to an apartment owner, and further provided that when the

Association or a mortgagee which is the beneficiary of an

11

insurance policy the proceeds of which are included in the construction funds, so requires, the approval of an architect named by the Association shall first be obtained

11 11 H !!

I

by the Association for disbursements inpayment of costs of reconstruction and repair. 10.

;

I 1 I 1

1 I

Use restrictions. The use of the property

1

of the condominium shall be in accordance with the following i

i provisions: I 10.1 Common areas and facilities. The common

t1

areas and facilities shall be used only for the purposes for which they are intended in the furnishing of services

ii

d and facilities for the enjoyment of the apartment owners.

!, 1

I i

I;

10.2 Nuisances. No nuisances shall be allowed

is

upon the condominium property, nor any use or practice which is the source of annoyance to other owners or which U

4 interferes with the peaceful possession and proper use of . the property by its owner. All parts of the property shall b

i•

be kept in a clean and sanitary condition and

no

rubbish:

i refuse or garbage allowed to accumulate nor any fire ,

hazard allowed to exist. No apartment owner shall permit .

i any use of his apartment or of the common areas and facilities

which will increase the rate of insurance upon

the condominium property.

-24-

ti

:ye 955 PA.A87

i

i

:

0

• 10.3 Lawful use. No immoral, improper, offensive, I

Pi or unlawful use shall be made of the condominium property nor h any part thereof; and all valid laws, zoning ordinances and il

regulations of all governmental bodies having jurisdiction

II

1

! I

i 1

1 ! thereof shall be observed. The responsibility of meeting 1;

I

h

the requirements of governmental bodies which require main 1iII I II tenance, modification or repair of the condominium property I 1 shall be the same as the responsibility for the maintenance 11 1 and repair of the property concerned. i!

qi 10.4 Leasing. 4

a. Leasing of an apartment is permissible 1

,

I I

1 if usage is compatible with apartment usage. b. No amendment to this Declaration to

it

prohibit leasing shall be effective or binding upon the 11 11

Developer or the holders of the first mortgages. I 1 i 10.5 Sale. Sale of an apartment is unrestricted.

I

10.6 Signs. No signs shall be displayed from an

I

11 il I apartment or on common property except such signs as shall I!

written mpproval by tbe Develop ..,.

ree

the

1 i Association, or signs posted by mortgagees.

I I I I I I

10.7 Parking areas shall not be used for boat, III

11

ii trailer, truck, or other general storage except in sheltered II h parking facilities specifically constructed therefor.

I i

1:

I.' ! 11

ti

10.8 Regulations. Reasonable regulations con-

I cerning the use of the condominium property may be made and 1 amended from time to time by the Board of Directors of the

I Association in the illaufli prov;ded by its Articles of

II

A Incorporation and By-Laws. Copies of such regulations and II It amendments thereto shall be furnished by the Association 1! the condominium II to all apartment owners and occupants of It upon request. fi

t

10.9 Use by Developer - Assignment to Mortgagee. Until Developer has closed the sales of one hundred (100) of the apartments of the condominium, neither the apartment owners nor the Association nor the use of the condominium property shall interfere with the completion of the contemplated improvements and the sale of the apartments and

voti 955 P/ !488

I

1 I

I i

1 i

?.

. •.

.1

it

Developer may make such use of the unsold apartaants and

I

common areas as may facilitate such completion and sake,

=I

ii including, but not limited to maintenance of a sales office, the showing of the property and the display of signs. Until one hundred (100) apartment sales by the Developer are closed, Developer's mortgagee shall succeed ki

to Developer's rights hereunder. 11.

Compliance and default. Each apartment

h owner shall be governed by and shall comply with the terms . of the Declaration of Condominium, Articles of Incorporation, By-Laws and Regulations adopted pursuant thereto and said Ij

documents and regulations as they may be amended from time II

to time. Failure of an apartment owner to comply therewith shall entitle the Association or other apartment owners to the following'relief in addition to the remedies provided

I;

by the Apartment Ownership Act:

II

11.1 Negligence. An apartment owner shall be ii

liable for the expense of any maintenance, repair or replaceont

P



i

by his -.It, -ogloct or

orof ...

or by that of any member of his household, or his or their guests, employees, agents or lessees, but only to the

ii

extent that such expense is not met

by

the proceeds of

insurance carried by the Association. An apartment owner shall pay the Association the amount of any increase in its it If

insurance premiums occasioned by the apartment owner's use,

11 misuse, occupance or abandonment of an apartment or its 14

appurtenances, or of the common areas and facilities. 11.2 Costs of attorney's fees. In any pro- • ceeding arising because of an alleged failure of an apartment

: 1

owner

to comply with the terms of the Declaration, the By-Laws

or the Regulations adopted pursuant thereto, and said Aetos i• ments as they may be amended from time to time, the Association shall be entitled to recover the costs of the proceeding and such reasonable attorney's fees as may be awarded by the court. 11.3 No waiver of rights. The failure of the Association or any apartment owner to enforce any covenant, restriction or other provision of the Apartment Ownership

05C a-- A -26-

On

Act, this Declaration, the Articles of incorporation, the 7•

By-Laws or the Regulations adopted pursuant thereto, shall

4,1

not constitute a waiver of the right to do so thereafter. 12.

t: II

Amendments. Except as elsewhere provided

otherwise, this Declaration of Condominium, may be amended by the Developer or the Board of Directors of the Association until one hundred (100) apartment sales by the Developer are closed. Thereafter this Declaration may be amended in the following manner:

1:

12.1 Notice. Notice of the subject matter of

1 1

a proposed amendment shall be included in the notice of any

meeting at which a proposed amendment is considered. 12.2 Resolution of adoption. A resolution

11

adopting a proposed amendment may be proposed by either the Board of Directors of the Association or by the members of the Association. Directors and members not present in person or by proxy at the meeting considering the amendment may express their approval in writing, providing such li

approval is delivered to tne secretary at or prior to the

• t

meeting. Except as elsewhere provided, such approvals must be either by:

• t

a. Not less than seventy-five percent

ii

(75%) of the entire membership of the Board of Directors and by not less than fifty-one percent (51%) of the votes of the entire membership of the Association; or b. Not less than eighty percent (80%) of

tI 1

the votes of the entire membership of the Association. 12.3 Proviso. No amendment shall change the

ti

p-

Interest or obligation of any apartment for

of levying assessments and charges and determining shares of the common expenses and common profits from the property, nor change the boundaries

of any

apartment or its share of

the common areas and facilities unless the record owners of all the apartments and the holders of all first mortgage is

liens on individual units shall have given their prior written consent thereto. Neither shall an amendment make

any changes in paragraphs 8, 9 and 13 hereof unless the

-27- fl

VOL 955 PAtE -490

4

II record owner of all first mortgages upon the apartments jtin in the execution of the amendment. P

12.4 Execution and recording. A copy of each amendment shall be attached to a Certificate certifying that the amendment was duly adopted, which Certificate shall be executed by the officers of the Association with all the formalities of a deed. The amendment shall be effective i!

when such Certificate and a copy of the amendment are

ii

IE

recorded in the Office of the Register of Deeds of Johnson

II

County, Kansas. H.

13.

Beverability. The invalidity in whole or

P in part of any covenants or restriction, or any section, 11

sub-section, sentence, clause, phrase or word, or other

q provision of this Declaration of Condominium and the 11 Articles of Incorporation, By-Laws and Regulations of the

Association shall not affect the validity of the remaining p

fl

ortions thereof. Nor shall the determination that any

provision of the Apartment Ownership Act or any section, ii ,3 sentence, clause, phrase or word or the application thereof 4 1

si

is

in any circumstance is held to be invalid, affect the validity of any provision of this Dael.-4ration not in direct conflict with such holding or determination. 14.

Personal application. All apartment owners,

d tenants of such owners, employees of owners and tenants, and ' $11'

^ 1-r 44

Pnve^n

nhn

r".y

in

A

ny wmnn or

1100 4-114.

P

rOrorf Y nr

ii

any part thereof shall be subject to the. Apartment Ownership Act, this Declaration, the By-Laws of the Association and the Regulations adopted by the Association as amended from ::. time to time. All agreements, decisions and determinations lawfully made by the Association in accordance with the voting percentages herewith established, this Declaration and the By-Laws of the Association shall be binding upon all apartment owners. Each apartment owner shall comply strictly

-28-

••e 955 Fr,E4at

• _ .110.

with the By-Laws and with administrative rules and regu1

II

i

E

lations adopted pursuant thereto as either of same say

I'

be /awfully amended from time to time and with the covenants,

P

4

A

i '1

I 1

1

conditions and restrictions set forth in this Declaration or

11

in his deed to his apartment. Failure to comply with any of

the same shall be grounds for an action to recover sums due

i

1:

I 1

1;

for damages or injunctive relief or both maintainable by

1:

the Board of Directors of the Association or in a proper

1 1

case by an aggrieved apartment owner. IN WITNESS WHEREOF, the Developer has executed this

Declaration in the day and year first above written. 1;

PARKWAY 103 LAND COMPANY, INC.

CLIFTON R. COHN President .......11,, //EST: :.,. ,,w..s.Wt).',

S.-.•:'s-i) 01 '' '. " :3, : r ) yo. 4

4 q .., .4 .:

...• el

: t- i 1 1:....i .

i.---t N,1

.

V: f tUutr.

1-1 i 4. 7.,

.1-, 4.,%! N iitAA'14--E—

Vegretary - MARVIN R. YARMO 1

1

• ":

1

STATE OF KANSAS

••

COUNTY OF JOHNSON —4 i

! -' .:

•

.:41

,

r.-. ! the --;2 567t day of , ..-.0.u..1.1.4.1 --... , 1974, h n before me,Onthe unnersigned, a Notdry Public in and for said. It 0 county and state aforesaid, personally appeare4 . N. bim.4^,4-A, 6.1.dr.en, ;,..ver-i.,,,..„ and )?...-14,--E./.„ ii known to me to be the same persons whose names are subscribed q to the foregoin g instrument and personally known to me to be ..,,, , respectively, i the ;-:"ii.ut.1...,11-1- and ,v...cuLtle4. i of PARKWAY 103 LAND COMPANY, INC., a Kansas Corporation, and l! h acknowledged that they signed, sealed and'delivered said instrument as their free and voluntary act as such officers, l and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. 1: 1, IN WITNESS WHEREOF, I have hereunto subscribed my ..tittl if%. name and affixed my official seal the day and year last above ',written. written. ORoci .. i. 0 OUR );\. ' i . ETArt,: : i 4191;: ........

1 1 i 1

1

•

)

if---------

• ;Pup .'',. f 15,4\

-4

1

1 1

0/ ,:

1

Commission Expires: ..0-c..L.c .11 I q 1t.

p. 955

PAI1F492