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, ";IV..JULU ;......... '''' -..... iJ 111 ~ ~, CONOOPlIl'IIU!1 DECLARATION GOLDeN RI DGE. CONOOH IN! UHS WDeX Title Section No. Page No. Submis.;on to Condominium CMnersh!p, .............. 1 ........... C1!!finitions •••••• ~~.~ •• ~. ~" •• _ ~ ~ •• ,,~ ••• ~~ ••• ~. ~.# .2. ~ ..... 6.,."" Divi.ion of Property in the Condominium Units and Conveyance of Unit6 ••••.•••...••....• 3 .••.• $ •••• ~. 3 Limited Common Element5 ••••• ~.6 ••• " •••••••• 4" •••••• 4."' ........... 4; Description of Condcninium Unit •• W ...... H •••• ~.H.S ........ "'.H ... '" Condom!n!= ~ap ................................... 6 ............ 5 lnsepl'lt'Jibility of a Condominium Unit. •••• " ......... 7 •• ~ .......... " 5 Repsrate Assersment and Taxation - Noticb' to A5sesBor .............................. 6 •••••••••••• 6 Porm of O\tnership - Title ...... ~ ... ~ •••••••• ~ ••••••. 9 ....... ~.~ •• ~ 6 Non-Pr.rtitionability Bnd Transfer of. ~mrncn element.~~ ......... ~ ... ., •• e ......... * ••••• ~10 .. .,~~~ .... ~ .. " .... 6 Common Ele1lent.5 .............. ~ ............. ~ ......... ,,~ .. 11 .............. ~ .. 6 Use and Occupancy .............................. $ ........................ 12 ..... , " .. .. .. .. .. .... 6 Ea8ements ........................................... 1) .• ~ ..... ., .. ~ .. 7 Termination of Mechanlc l g Lien Rights and Indemnification •••••••••••••....•.. 14 .••••••••••• S C-olden Ridge CondGnliiniurt Association, IfiC ••••• q .. j5 •• ~ ............ "' ... 8 Re8ervation for Access - Maintenance, Repair Bnd Emergenciea~"'""'~~~,.~"' ... 4~.~ •• ~ ••••• 16.~.~ •• ,, •• ~ •• 9- M.aintenance and Service Regpongibility •••.•...... 17 •• ~ ...... ~ •. ~ 9 Compliance with Provisions of Dec18t'lition, By-Ll'lWB of the JI •• ociation ................................... IS •••••••••••• 11 Revocation or Amendment to Declaration.~ ......... 19 ......... H •• l1 A~ditionnf Alt~ration8 and Improvement~ - Genet'al and Limited Common f':lementB ........... :!O •••• ~ •••• H.12 1\l3fH~B8ment for Common £xpenees ••••.••• H ••••••••• :!1 ............. 12 Insurance ••.••••..•• "" ••• " ......................... :!2 ............ ,," 14 Own~r'B P~rflDn~l Oblig~tion tor Payment of AB8e5Bmentfl, ........... o •••••••• ~;!3~. '~~~~4~ ... "f6 A58e5sment LiEn •••.•• ~.~ •• ~ ~. R •••• ~~~. ~~ ••••••• ~.~:4 .. ~. ~ ... ~ ~. ~~ 16 Li~bility for Common Lxpenses upon TI:"l'in.Jfer of Condominium ia Joint.~ .... ~ .•••••. ~25.".~.*.~.-.~.17 Encumbrances - Priority ..••••• R •••••••••••••••••• 26 ........... o~18 Destruction, Damage ot" Obsolescence - Association as Atturney-in-Fact~~ ............. ,.27.~ .. _.~ •• " .... ~le Cond emna t ion •.•••. ~ •..•.• ~ • ~ •.•• ~ ~ • ~ ~ •••••..• ~ • ~ . 28 .. ~ • ~ ~ ~ .. ~ " ~ ., 2.1 .R~ 0 r 9 eo. n 1. Z /'j t ion •••• ~ .... ~ •• ~ ~ ••.• 8 •• ~ • ~ •••••••• ~ ••• 29. ~ ~ • ~ ~ • ~ • '" ., ~ 22 Reconlltruction and Repair ... ~ ••••• ~ ............. ~ •• 30~ ...... ~~,,~~ .. ~22 R~gi~tLBtion and !4!:Uinq Mdre\55.H .... ~ ......... 3L~~.~~~~ .. ~.22 Pf!l:riod of Condominium OwnerNhip.o ••••.... ,., ••••• 32 •.. ~ .... " •••• Z3 ADsessment R~'H!rVe& and Work C-npital Account·~~#.·q~?g •• ~ •.•• ~.~.~.< ....... J3."~~.,,~,,~,, .. "'2J R@liltrictive Covenllmttl BOO Obliq8tion~~.~., ......• J,L"'~ •• ~",.~~~~2J: AS80cia.tiof' Rl.ght to Acquire Mdltion611 Propllllrty ••• ~ ...... ., •••• ~~.~ •..••• " •• J:S~~.c •• ~~"'~~ .. 2S RPJcroationml Arn@ntti(l!m •••.• ~ •• ~~ ••••••••••••••• ,.)6.~,,"".~<>~,,~ ... 2b Condition of Pr~mt~~B ....... _ ..... "'C" ••••••••• J7~ •• , ••.. ~.6~2& Ge!n~r;;,l Fi!1l'!1lSrv{jtionf;""., •••• ,., •••• " ••.•• , •...• oJS~ •••••• $~ .... 26 "'-, : " .. '~-.~>I ,,'-' ~"'''-''-'~-J'- d, Buppl~nHrnt Condowirdt.mt Project. •••••....••.•.. 39 •• M.~~ .. "H.26 }\cct!?tnnc~ ot Prov iR iong of All D0c'.1mt'nt$ •.•••.•••••••• ~ •••.• ~ ••••. n.'.~~.40 •• ~.~ •• ~.~,,~27 GI" tl e 1:: .a 1 ••••••• , • , ••••• " •••••••• ~ ~ • ~ • ~ •• " , • " ••••• 0 .4 1 ••• ~ • " 0 , ••• ~ 2 e Exhibit h .. .................................................... 29 !'::;:;'l~~t 0, ••••. ,. P. ~ •• ~ ••• ~ •• ~ ~. ~ ••••• "'." ••••••• ~ •• ~ ••• ~. N' ~ ~ ~ 32 ?",'{ h ib! ':. '2 •••••• , ••••••••• ~ • ~ , • ~ ~ ...... ~ ••••. ¥ ~ • h ~ •••• ~ '" ~ •• ~ ~ •• ~ • ¢ J 7 E:X:hibit D •••• '. " ~ • c •• ~ • ~ • ~ •••• ~ ~ ..... ~ ~ ••• ~ •• ~ ~ ••• ~ ~ ¢ p ~ • ~ • ., ~ ~ ~. ~ 41 79f030Z0 CONDOMINIUM DeCLARATION O~ GOLDEN RIDGE CONDOMINIUMS KN~ ALL MeN BY THESE PRESENTS: THAT WREREAS, Golden Group, a California General Partnership (hereinafter called -Declaranttl!) is the owner of that certain parcel of real property situated in the County of J~fferson, State of Colorado, being mOle particularly described on Exhibit" attached hereto an1 incorporated by reference herein~ WHEReAS, thp.r-e presently exists on said real property a one hundred ninety-two (192) unit rental apartment co~plex, which improvements arE commonly known as Golden Ridge Apartments; which land and improvements lire hereinafter called -Real Property· 1 and WHEREI\S, Declarant desires to convert sa id apartment complex into 8 condominium and to establish a condominium project under the Condominium Ownership Act of the State of Colorado1 and WHEREAS; Declarant deuires to establish a plan for the ownership in fee simple of real property estates; Bubject to the e8sements, restrictions, reservations, conditions, taxes and 8ssessments as set forth in this Declaration, conBisting of the at''!'' or space contained in each of the air space units in the building improvements and the co-ownership by the individual and separat«:! owners thereof, as tenants in common, all of which re­ m~ining property, is hereinll"':ter defined and ref~rred to as the ~common element5.~ NOW, THEREFORE, Decl.~'Jrant doee hereby publish and declare that the following terms, covenantsI' conditions, easem~nts, rl'!B­ tr ictions I useS, rpservat ions, 1 imi tl'J I: ions and obI igli tiona shall be del!!med to run with the land, shl'l11 be a burden Dnd l!. benefit to Declarant, its successorp and assigns, and any person acquiring or owning lin interest in the Real Property, their grantees, Buccessors, helr.s, executors, adminir:trators, deviaees or assigns.. 1. Submission to Condominium Ownership. Declarant, does hereby SUbmit the Real Property described above and the improve­ ments constructed thereon to condomintum ownership pursuant to the Condominium Ownership Act of the Stat·. of Color-lido. 2. D~finition •• Unless the context shall expressly prof/'ide otherwiser (a.) "'Unit"' means an individual air space unit co.nts·tned within the p-erimeter walls, floot'l5, ceilings, windowa anC! doo:t"_tlJ",oI lfi' unit, ot' other boundary linl"!8 shown on the condominiurr. map',. in, 81' building IHtuBted on the ReBl Pt"oP"!rty, and ,,8 e;hown lind dMcl"'tbed on l'l Condominium Map recorded in th& r~~ll prope'r-ty reco·t"\1'.r'-' dt J~ff.rson County, Colorado, togcth~r with (i) nIl fixturew ~Md improvelment51 thor-dn except fot" common phynicnl utility (l\;ci1l.tio::~~ (11) the inner decorated or: tlni~hed nur(Bces of such unit'fI p~rimeter wallE, floors and reilinglq and (11i) the intet"ior non­ &upporting '.d!!dls within the unit. The lerm 60elll not include, ho .... ever, the- un<.1ecorllted or unfinished f:lUr(lJC~R of th~ perim~ter wnlls, floon; or ceilingll of 11 unit, any utility fdcilities running .--~ 19103020 ~ I $, I throuqh the unit that serve more than on~ unit, or any other common eleme~t or part thereof locat~d within the unit. \ (b) IIICondominium Unit· Meana the fee simple interest .n~ title in and to • Unit, together "lth the undivided interest in the common elements appurtenant to such Unit, and all other rights and burdens created by this Declaration. (c) IiIOwner- mEans a per.on, pE'rsons, firm, corporation, partnership, association or other, legal entity, or any crmbination thereof, which own'.' an intere.t in one or more Condominium un i ts, but excl ud ing, ho\tever r any such pe r&on hav i n9 an in teres t therein merely lUI a Mortgagee (unless such Mortgagee has acquired fee simple title "0 a Condominiuna Unit pursuant to foreclosure or any proceeding. in lieu thereof). (dl ·Common elements· means and includes all of the Real Property and all the improvements now or hereinafter con­ s true ted thereon I exc 1 ud ing the Un i til. The common elemen ts ahall C'onsl.s:t o! th$ ;~:i~l:al common ttletflents and lim'ited common elements. "('he com1'llon elements shall be owned, liS tenants in COlU&On, by the Owner. of the separate Units, each Owner of a Unit havinq an undi­ v18ed interest in euch c()tft:lBon eleJl!lents a& is hereinafte:: p::::c·/i~.:::'~ (1) IIGeneral common elements" ",eans' llnd includes the Real Property d~8cribed on E~hibit A, the structural components of the buildings, including but not limited to the foundation_, girder., beam., supports, roc)fr t and bearing and .tructural walls1 the yards, gardenl, uncovert~d parking areas llnd storage spaces, chimneysl installations of cifntral .,,"icea Buch 8S power, light, 98S, hot And cold water, heatinq and air conditioningl the service roads, if anYI such improvements and portions of the buildinqa and areas therein as are provided for the community use, recreation, util i ty Bnd common use of all Owners 1 and all other parts of such rteal Property and the improvements thereon necessary or convenient to its existence, maintenanClf lJnd safety which are normally and ressonably in gen.eral common use, including the air above such land. The general common e-lements shall include all tangible physical properties
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  • 14-99-00172-Cv ______

    14-99-00172-Cv ______

    Affirmed and Opinion filed May 3, 2001. In The Fourteenth Court of Appeals ____________ NO. 14-99-00172-CV ____________ PATRICIA A. GAIDES, Appellant V. FRANK CARL GAIDES, Appellee On Appeal from the 309th District Court Harris County, Texas Trial Court Cause No. 94-24154 O P I N I O N Appellant, Patricia A. Gaides, appeals from a judgment dividing the marital estate in her divorce from appellee, Frank Carl Gaides. Patricia contends in five issues that the trial court erred by: (1) refusing to divide the community estate disproportionately; (2) valuing community property improperly; (3) mischaracterizing separate property as community property; (4) failing to reimburse the community estate for alleged waste; and (5) exceeding its authority by ordering a division of the probate estate of the Gaides’ son. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Patricia A. Gaides and Frank Carl Gaides were married on February 8, 1964. The couple had three children, born in 1967, 1970, and 1974. Following the birth of their first child, only Frank worked outside the home, while Patricia had primary responsibility for the children’s care. In 1988, the couple separated, prompted by Patricia’s discovery that Frank was having an affair. Frank continued to deposit his paychecks into an account accessible to Patricia until March 1992, after which Patricia paid her living expenses through community accounts. In May 1994, Patricia initiated divorce proceedings. The case was tried to the court, which heard eleven days of testimony spanning a period from May through November, 1997.1 The trial court entered a Final Decree of Divorce on November 13, 1998, that included a division of property.