PUBLIC OFFERING STATEMENT For ST. DENIS CONDOMINIUM By D & J DEVELOPMENT OF LOUISIANA AND ARKANSAS, LLC

Transcription

1 PUBLIC OFFERING STATEMENT For ST. DENIS CONDOMINIUM By D & J DEVELOPMENT OF LOUISIANA AND ARKANSAS, LLC THIS PUBLIC OFFERING STATEMENT made in accordance with and pursuant to Louisiana Revised Statutes 9: by Declarant, on behalf of ST. DENIS CONDOMINIUM, does hereby disclose and promulgate: 1. Condominium Declaration. There is annexed hereto as, a copy of the Condominium Declaration of St. Denis Condominium and the First and Second Amended Condominium Declaration (the Declaration ). 2. Articles of Incorporation. The Articles of Incorporation of St. Denis Condominium Association, Inc. are annexed as Exhibit D to (the Association ). 3. Bylaws. The Bylaws of Association are annexed as Exhibit E to. An amendment to the By-Laws is annexed to as Exhibit J. 4. Rules and Regulations. The Rules and Regulations of the Association are annexed as Exhibit F to. An amendment to the Rules and Regulations is annexed to as Exhibit J. 5. Leases and Servitudes. There are no leases and only servitudes for utilities 6. Contract for Management. D & J Development of Louisiana and Arkansas, LLC (the Declarant ) does not intend to enter into a contract for the management of the Condominium at this time. 7. Projected Operating Budget. The projected 2013 operating budget for the Association is $60, and is annexed as Schedule Description of Significant Features of the Declaration, Articles of Incorporation, Bylaws, and Regulations. The Association shall establish an operating account and may establish a reserve account, at the discretion of the Board of Directors. The operating account will be used for all normal expenditures as provided in the operating budget and unforeseen expenditures or to purchase new or additional equipment or services. The reserve account, if established, shall be used for periodic maintenance, repair or replacement of the Common Elements and the Limited Common Elements maintained by the Association. The reserve account, if established, will be maintained out of a portion of the regular Assessments, as provided in the budget, and it shall be deposited in a segregated account maintained by the Association. The reserve account, if established, shall not be used by the Declarant to defray any of its expenses or construction costs to make up any budget deficits while it is in control of the Association. The St. Denis Condominiums consist of units which have been established as independent, single-family residences and commercial retail/lease space susceptible to individual ownership by the terms and provisions of the Declaration. The Units are contained within one three-story building. There is one building with twenty eight units per building (eighteen residential units & ten retail/lease units). Essentially, each Unit Owner will own, in fee simple, all of the space within the boundaries of his Unit, together with an individual interest, owned in common with all other Unit Owners, in the building and other structures comprising the condominium and the ground upon which they are situated. Page 1 of 5

2 A diagram of all the Units are set forth on the plat recorded at Map Slide 605A, 605B, and 606A, all of the Natchitoches Parish, Louisiana, Clerk of Court Records. The Common Elements and Limited Common Elements shall remain undivided ownership and no person shall have the right to a partition or division of the Common Elements or Limited Common Elements. The management of the condominium is under the control of the Association, a non-profit corporation of which the unit owners are the sole members. The Association itself is governed by its Board of Directors. The Articles and Bylaws provide for the method of election of the Board of Directors which will be comprised of the Unit Owners of St. Denis Condominium. The names of the current Board of Directors and Officers of the Association are available upon request. Each Unit Owner shall have the right to use the Common Elements and shall be responsible for a proportionate share of the expenses relating thereto (see Exhibit G to which sets forth the percentage for which each owner is responsible). The Declaration provides for procedures to levy and collect assessments by the Association. The assessments may be enforced with a lien against each Unit of any nonpaying owner. Each owner also has personal liability for his share of assessments. Each unit owner shall have the right to mortgage his Unit together with its respective ownership in the Common Elements. Each unit owner will receive a separate real estate tax bill for his Unit. However, if the Unit is the owner s primary residence, he should be able to claim a $75, homestead exemption, as provided by Louisiana law. There shall be no alterations or modifications of the Common Elements or Limited Common Elements without Association approval. Each Unit Owner shall be responsible for maintaining his own Unit at his own expense, including the interior and exterior components of the air conditioning and heating system servicing his own Unit. The Declaration also provides for use and occupancy restrictions of the property. In the event of violation of any of the provisions of the Declaration, the Association shall have authority to proceed with legal action to enforce the terms and conditions of the Declaration. The Declaration may be changed, modified or terminated by a unanimous vote of the total allocated votes in the Association in a manner described in the Declaration. (see Exhibit I of which sets forth the voting allocation for each Unit). 9. Diagram of Floor Plan. The floor plan for the Unit being purchased, showing the location and square footage for each Unit is available upon request from Declarant and is also available at Map Slides 605A, 605B & 606A of the Records of Natchitoches Parish, Louisiana. Only the raw or unfinished square footage is being offered for sale, as depicted in the diagram. Thereafter, the purchaser shall complete the interior of his/her Unit. 10. A. Condominium Association Dues. All Units are assessed for Association dues based upon an annual budget. The operating budget for 2013 is annexed as Schedule 2 and each Unit Owner shall pay to the Association assessments for it pro-rata share of the Association s operating expenses budgeted for the Association and expenses for capital improvements to the Common and Limited Common Elements (based on the Ownership Interest set forth as Exhibit G to ). Declarant, it s successors and/or assigns, shall have the option of paying its pro-rata share of the Association s expenses for each Unit it owns or to fund any operating deficiencies the Association may encounter. Declarant, it s successors and/or assigns, shall have this option to either pay Assessments or to fund operating deficiencies until it no longer owns any Units. Page 2 of 5

3 B. Capital Contribution due to Association at the time of closing sale., Exhibit J is an amendment to the By-Laws of the Association wherein each sale of a condominium unit must include a capital payment to the Association based upon the following: Residential Units (2 nd & 3 rd floor) Commercial Units (1 st floor) $2.00/per square foot of heated space of the Unit $1.00 per square foot of heated space of the Unit 11. Right to Cancel. Within fifteen (15) days from the receipt of a copy of the Public Offering Statement, a purchaser, may cancel the contract with the Declarant to purchase the Unit. Nothing contained herein prevents any purchaser from closing on the purchase of a Unit within such fifteen (15) day period. After (15) days, the Purchase Contract will dictate all terms between Buyer and Seller. A copy of the form of the Purchase Contract is attached hereto as Schedule Warranties. Each Unit and condominium property (the Property ) is sold AS-IS and WHERE-IS and without any warranties (except the warrant of title), expressed or implied, as to the condition of the Property. Expanded language to this effect will be contained in the act of sale for the Unit and is attached hereto as Schedule Unsatisfied Judgments and Pending Suits or Claims. The Association is not a party to any pending suits or litigation, nor are there any unsatisfied judgments against the Association. Declarant has no knowledge of any pending suits material to the Condominium. Declarant has unasserted claims against the architect who prepared the plans and specifications for the Condominium for professional negligence in the preparation of the plans and specifications and in supervision of the construction of the Condominium and against the builder who built the Condominium for breach of contract. 14. Insurance. Insurance shall be provided by the Association for the Units, Common Elements and Limited Common Elements, including hazard, fire and extended coverage insurance. This insurance will not cover an owner s personal belongings. The Association shall also provide liability insurance for the common areas only. It is advisable for each unit owner to obtain his own insurance for the personal contents of the Unit together with personal liability insurance, as such insurance is not provided by the Association s policy. In the event of damage to the condominium property by fire or other casualty, the Declaration vests the Association with certain authority relative to the use of the proceeds from insurance policies. The association has the authority to repair or rebuild damaged portions of a Unit, Common Elements and Limited Common Elements. In the event of total destruction, the Association may rebuild or deliver the proceeds to the Unit Owners, subject to rights of mortgagees. The rights of the Association to rebuild are superior to the rights of mortgagees to the insurance proceeds. Beginning with the establishment of the condominium regime, the Association will maintain the following coverage: A) Building: The policy provides commercial coverage (including fire and extended coverage) for the Units, Common Elements and Limited Common Elements. This insurance will not cover an owners personal belongings contained within a Unit. This is a replacement cost without depreciation-all property losses, subject to a $1, per incident deductible. Page 3 of 5

4 B) Liability: The policy provides commercial general liability coverage for occurrences on the Common Elements and Limited Common Elements, $1,000,000 per occurrence. Officers and directors of the Association are also covered under this policy. Each unit owner is encouraged to obtain his own insurance for his personal contents within the Unit, together with personal liability insurance to protect against any occurrence within the Unit, as such coverage is not provided by the Association s Policy. 15. Parking. There are 28 parking spaces, averaging roughly 1 parking space per Unit. NO PERSON HAS BEEN AUTHORIZED BY THE DECLARANT TO MAKE ANY STATEMENT, REPRESENTATION OR WARRANTY NOT SPECIFICALLY CONTAINED HEREIN; AND NOTHING IN THIS PUBLIC OFFERING MAY BE CHANGED OR MODIFIED ORALLY. ANY INFORMATION OR DATA REGARDING THE CONDOMINIUM WHICH IS NOT INCLUDED IN THIS PUBLIC OFFERING STATEMENT SHOULD NOT AND MUST NOT BE RELIED UPON. Natchitoches, Louisiana, this day of, WITNESSES: Name: Name: D & J DEVELOPMENT OF LOUISIANA AND ARKANSAS, LLC BY:, its Manager Printed name of Manager NOTARY PUBLIC Page 4 of 5

5 SCHEDULES TO PUBLIC OFFERING STATEMENT Schedule 2 Schedule 3 Schedule 4 Schedule 5 Copy of the original, First Amended and Second Amended Condominium Declaration. Articles of Incorporation of St. Denis Condominium Association, Inc. Bylaws and any amendments thereto of St. Denis Condominium Association, Inc. Rules and Regulations and any amendments thereto of St. Denis Condominium Association, Inc. Projected 2013 operating budget for St. Denis Condominium Association, Inc. Diagram of the floor plan of the condominiums are available from the Declarant in digital format or at the office of the Clerk of Court for Natchitoches Parish at Map Slides 605A, 605B & 606A. Waiver of Warranty Form Purchase Agreement Form Page 5 of 5