Guest Home THIS MASTER DEED has been executed on August 18, 1994, on behalf of Greentree Limited Partnership, a Michigan limited partnership of 845 Lake Street, Saugatuck, Michigan (hereinafter referred to as 'Developer'), pursuant to the provisions of the Michigan Condominium Act, Act 59 of the Public Acts of 1978, as amended, including, but not limited to, those amendments contained in Act 538 of the Public Acts of 1982 and in Act 113 of the Public Acts of 1983 (hereinafter referred to as the 'Act').
A. The Developer desires to establish the real property described in Article II below, together with all improvements located and to be located thereon, and all appurtenances thereto, as a condominium project under the provisions of the Act.
B. The Developer has prepared and executed this Master Deed, together with the Condominium Bylaws attached hereto as Exhibit A and the Condominium Subdivision Plan attached hereto as Exhibit B, to accomplish these purposes.
By executing and recording this Master Deed, the Developer establishes Wilderness Ridge Condominiums (sometimes hereinafter referred to as the "Condominium Project") as a condominium project under the Act. After being so established, the Condominium Project shall be held, conveyed, hypothecated, encumbered, leased, rented, occupied, improved and in every manner utilized subject to the provisions, covenants, conditions, restrictions and obligations set forth in this Master Deed (including Exhibits A and B hereto) and to the provisions of the Act. All of the provisions, covenants, conditions, restrictions and obligations set forth in this Master Deed (including Exhibits A and B hereto) shall run with the real property included in the Condominium Project and shall be a burden on, and a benefit to, the Developer, its successors and assigns, and all persons acquiring or owning an interest in the Condominium Project, or in the real property hereby dedicated to the Condominium Project, and their grantees, successors, assigns, heirs, and personal representatives~ The remainder of this Master Deed (including Exhibits A and B hereto) has been set forth in furtherance of the establishment of the Condominium Project.
The real property which is dedicated to the Condominium Project established hereby is legally described as follows: Beginning on the East and West Quarter line of Section 17, . Town 3 North, Range 16 West at a point 800.00 feet East of the center of the Section; thence East on the East and WestQuarter line, 505.64 feet to the North and South eighth line in the Southeast Quarter; thence South 00¡ 25' 32' West on the eighth line, 1383.20 feet; thence North 89¡ 39' 45' West on a line that is the extension of the South line of Felker's Lake
Tax certification #22742 obtained from Allegan Coonty Treasurer prior to recording
Shore Subdivision, 1307.76 feet to tbe Southeast corner of tbe Plat: thence North 00¡ 30' 56" East on the East line of said Plat, 1048.51 feet: thence East parallel witb tbe East and West Quarter line, 800.00 feet: thence North 00¡ 30' 56" East, 327.00 feet to tbe place of beginning, Village of Douglas, Allegan County, Michigan.
When used in any of tbe Condominium Documents (as bereinafter defined), or in any contract, deed, mortgage, lien, easement or other instrument affecting the Condominium Project or the establishment or transfer of any interest therein, the following terms sball carry the definitions whicb follow them unless the context clearly indicates to tbe contrary:
(a) "Act" means the Michigan Condominium Act, being Act 59 of tbe Public Acts of 1978, as amended, including, but not limited to, amendments contained in Act 538 of tbe Public Acts of 1982 and in Act 113 of tbe Public Acts of 1983.
(b) "Association" means Wilderness Ridge Condominiums Association, a not-forprofit corporation organized under tbe laws of tbe State of Michigan, of which all co-owners shall be members and which sball administer, operate, manage and maintain tbe Condominium Project. Any action required of or permitted to the Association shall be exercisable by its Board of Directors unless explicitly reserved to the members by tbe Condominium Documents or the laws of the State of Michigan, and any reference to the Association shall, where appropriate, also constitute a reference to its Board of Directors.
(c) "Association Bylaws" means tbe corporate Bylaws of tbe Association.
(d) "Board of Directors" or "Board" means tbe Board of Directors of the Association. The Board will initially be those individuals selected by Developer and later it will be elected by unit owners as provided berein.
(e) "Common Elements", where used without modification, means both the general and limited common elements, if any, as defined in Article V hereof.
(f) "Condominium Bylaws" means Exhibit A hereto, tbe Bylaws for the Condominium Project setting forth the rights and obligations of the co-owners and required by Sections 3(8), 53 and 54 of tbe Act to be recorded as part of the Master Deed.
(g) "Condominium Documents" means and includes this Master Deed, Exhibits A and B hereto, and the Articles of Incorporation, Bylaws and tbe Rules and Regulations, if any, of tbe Association.
(b) "Condominium Premises" means and includes tbe land and all improvements and structures thereon (except tbe dwelling units and other improvements constructed by the Co- owners) and all easements, rights and appurtenances belonging to the Condominium Project as described above.
(i) 'Condominium Project' means Wilderness Ridge Condominiums, a Condominium Project established pursuant to the Act.
(j) 'Condominium Subdivision Plan' means Exhibit B hereto.
(k) 'Condominium unit' or 'unit' each means that portion of the Condominium Project designed and intended for separate ownership and use, as described on Exhibit B hereto. Each unit shall consist of the exclusive use of all the airspace and soils as described in Exhibit B within the unit boundaries.
(I) 'Co-owner', 'Owner' or 'member' each means a person, firm, corporation, partnership, trust or other legal entity or any combination thereof who or which owns legal or equitable title to a condominium unit within the Condominium Project and, therefore, is a member of the Association.
(m) 'Developer' means Greentree Limited Partnership, a Michigan limited partnership, which has prepared and executed this Master deed, and shall include its successors and assigns.
(n) 'Master Deed' means this Master Deed, including Exhibits A and B hereto, both of which are hereby incorporated by reference and made a part hereof.
Terms not defined herein, but defined in the Act, shall carry the meaning given them in the Act unless the context clearly indicates to the contrary. Whenever any reference herein is made to one gender, the same shall include a reference to any and all genders where such a reference would be appropriate; similarly, whenever a reference is made herein to the singular, a reference shall also be included to the plural where such a reference would be appropriate, and vice versa.
The Condominium Project shall be known as Wilderness Ridge Condominiums, Allegan County Subdivision Plan No. 62. Prior to the commencement of construction, the engineering plans and architectural plans, if any, for the Condominium Project will have been approved by the Village of Douglas, Allegan County, Michigan. Such approval will be evidenced by the issuance of a building permit. The architectural plans for all dwellings and other improvements to be constructed by the Developer within the Project must be approved by the Village of Douglas and thereafter will be filed with the Village of Douglas. The improvements contained in the Condominium Project, including the number, boundaries, dimensions, and area of each unit, are set forth completely in the Condominium Subdivision Plan attached hereto as Exhibit B. The Condominium Project contains individual units to be used for residential purposes, and each unit has been designed and intended for separate ownership and use. Each co-owner in the Condominium Project shall have an exclusive right to occupy his unit and shall have undivided and inseparable rights to share with other co-owners the use and enjoyment of common elements.
The common elements of the Condominium Project and the respective responsibilities for maintenance, decoration, repair or replacement thereof are as follows:
A. General Common Elements. The general common elements are:
(1) Land. The land described in Article II hereof including the land lying below each unit.
(2) Improvements. AIl roads, sidewalks, parking, lawns, landscaping, recreational facilities and other improvements not identified as Limited Common Elements and not located within the boundaries of a condominium unit. Those structures and improvements that now or hereafter are located within the boundaries of a condominium unit shall be owned in their entirety by the co-owner of the unit in which they are located and shall not, unless otherwise expressly provided in the condominium documents, constitute common elements.
(3) The telephone system throughout the Condominium Project not located within the boundaries of a unit.
(4) The electrical system throughout the Condominium Project not located within the boundaries of a unit.
(5) The water distribution system, storm water discharge and detention system and sanitary sewer system (if any) throughout the Condominium Project not located within the boundaries of a unit.
(6) The gas line system throughout the Condominium Project not located within the boundaries of a unit.
(7) Any television cable network or facilities that may from time to time be installed in the Condominium Project not located within the boundaries of a unit.
(8) Such other elements of the Condominium Project not herein designated as general nor limited common elements which are not enclosed within the boundaries of any unit, and which are intended for common use or are necessary to the existence, upkeep and safety of the project.
Some or all of the utility lines, systems (including mains and service leads) and equipment and the cable television system described above may be owned by the local public authority or by the company that is providing the pertinent service. Accordingly, such utility lines, systems and equipment and the cable television system shall be general common elements only to the extent of the co-owners' interest therein, if any, and Developer makes no warranty whatever with respect to the nature or extent of such interest, if any.
B. Upkeep of Common Elements and Units: Payment of Utility Bills. The cost of improvement, maintenance, repair and replacement of the general common elements (except the land lying below a unit) shall be borne by the Association, except to the extent of
maintenance, repair or replacement due to the act or neglect of a co-owner or his agent, guest, invitee, family member or pet, for which such co-owner shall be wholly responsible. Except as otherwise provided herein or in the Condominium Bylaws, any damage caused to a unit or its contents by the maintenance or by repair activities of the Association or by the common elements shall be repaired at the expense of the Association.
The improvement, maintenance, repair and replacement of the common elements are subject to such written standards as may be established by the Board of Directors or its designee(s).
Each co-owner shall be responsible for payment of the utilities attributable to his unit and shall be responsible for the improvement, maintenance, repair and replacement of his unit and any improvements located within the unit, including the general common land lying below his unit; the utilities within the unit; any driveway or sidewalk appurtenant to his unit and any landscaping which he may supply to his unit.
Each co-owner shall be responsible for constructing and maintaining, at his sole expense, a connection, within the boundaries of his unit, in accordance with all applicable governmental laws and regulations, to a public sewage disposal system approved by the Allegan County Department of Health or other agency having jurisdiction thereof.
Each co-owner shall be responsible for constructing and maintaining, at his sole expense, a connection, within the boundaries of his unit, in accordance with all applicable governmental laws and regulations, to a public water supply system approved by the Allegan County Department of Health or other agency having jurisdiction thereof.
Any maintenance, repair or replacement (the cost of which is to be borne by the coowner) may, if not performed by the co-owner, be performed by or under the direction of the Association and the cost may be assessed against the responsible co-owner.
C. Use of Common Elements. No co-owner shall use his unit or the common elements in any manner inconsistent with the purposes of the Condominium Project or in any manner which will interfere with or impair the rights of any other co-owner in the use and enjoyment of his unit or the common elements.
Until it has conveyed title to the last unsold unit owned by Developer, Developer has the irrevocable right:
(1) To use the common elements for sales, administrative, rental or storage purposes;
(2) To use any of the unsold units for sales, administrative or management purposes;
and
(3) To place signs on the common elements for sale and promotional purposes.
A. Description. Each unit in the Condominium Project is described in this paragraph with reference to the Condominium Subdivision Plan of Wilderness Ridge
Condominiums as surveyed by Mitchell Surveys, Inc. and attached hereto as Exhibit B. Each unit shall consist of all that space within the unit boundaries as shown in Exhibit B and delineated with heavy outlines, together with all appurtenances thereto.
B. Percentage of Value, The total value of the project is 100%. Based upon their market value, size and allocable expenses of maintenance, each unit has been assigned a value of 2.5%. These percentages of value shall be determinative of the proportionate share of each unit in the common expenses and proceeds of administration, the value of such unit's vote at certain meetings of the Association of co-owners, and of such unit's undivided interest in the common elements (which is hereby allocated to each unit). The percentages of value allocated to the units may be changed only with the prior written approval of each holder of a first mortgage lien on any unit in the project and with the unanimous consent of all of the co-owners expressed in a duly recorded amendment to this Master Deed.
A. Easements for Maintenance and Related Matters. There shall be permanent easements to, through, over, under and across the Condominium Premises, including all units, (1) for the maintenance and repair (including replacement) of all common elements, which easements shall be administered by the Association, and (2) as may be reasonable for the installation and continuing maintenance and repair (including replacement) of all utilities in the Condominium Project, including, but not necessarily limited to, light, heat, power, sewer, water, storm water discharge and detention and communications, which utilities are sometimes collectively referred to in this Article VII as "utilities" or "utility services" which utilities shall be administered by the Association.
The Village of Douglas and any other governmental entities are hereby granted a license to use the private roadways and common area hetween units 19 and 20 for ingress and egress for emergency purposes only.
B. Easements Retained by Developer.
(1) Roadway Easement. In addition to all other rights reserved to it hereunder, the Developer reserves for the benefit of itself, its agents, employees, guests, invitees, independent contractors, successors and assigns, a perpetual easement for the unrestricted use of all roads, driveways, and walkways now or hereafter located in the Condominium Project for the purpose of ingress and egress to and from all or any portion of the Condominium Premises in furtherance of any legitimate purpose.
(2) Use of Facilities. The Developer, and its duly authorized agents, representatives and employees, may maintain offices, model units and other facilities on the Condominium Premises and engage in any acts reasonably necessary to facilitate the construction and sale of units in the Condominium Project. In connection therewith, the Developer shall have full and free access to all common elements and unsold units.
(3) Repair and Replacement. The Developer retains for the benefit of itself and representatives of any appropriate utility company, and to the burden of the Condominium Premises, the right to~enter the Condominium Project and do all the
things necessary to install, operate, maintain, repair, replace or inspect any common improvement or facility whether under or above ground.
C. TerminatIon of Easement. Developer reserves to itself, and its successors and assigns, the right to terminate and revoke any utility or other easement granted in this Master Deed at such time as the particular easement has become unnecessary. This may occur, by way of example but not limitation, when water or sewer systems are connected to municipal systems or when a water or sewer system or other utility easement is relocated to coordinate further and future development of land in the vicinity of the project. No utility easement may be terminated or revoked unless and until all units served by it are adequately served by an appropriate substitute or replacement utility easement on a shared maintenance basis. Any termination or revocation of any such easement shall be effected by the recordation of an appropriate amendment to this Master Deed in accordance with the requirements of the Act.
D. Grant of Easements by Association. The Association, acting through its lawfully constituted Board of Directors (including any Board of Directors acting prior to the Transitional Control Date) shall be empowered and obligated to grant such easements, licenses, rights-of-entry and rights-of-way over, under and across the Condominium Premises for utility purposes, access purposes or other lawful purposes as may be necessary for the benefit of the Condominium, subject, however to the approval of the Developer so long as the Construction and Sales Period has not expired. No easement created under the Condominium Documents may be modified nor obligations with respect thereto varied without the consent of each person benefited thereby.
E. Drainage Easements. There are underground lines for drainage of water situated on units, which lines may not be shown on Exhibit 'B." The Association reserves an easement for such lines. Any co-owner encountering such lines in the course of construction, may relocates such lines, in a location and manner subject to the prior written approval of the Developer or the Association.
Except as otherwise expressly provided in this Master Deed, the Co'ndominium Project shall not be terminated, vacated, revoked or abandoned except as provided in the Act, nor may any of the provisions of this Master Deed or Exhibit B be amended (but Exhibit A hereto may be amended as therein provided) except as follows:
A. (1) The Condominium Documents may be amended without the consent of co-owners or mortgagees for any purpose if the amendment does not materially alter or change the rights of a co-owner or mortgagee. The Developer, for itself and for the Association of co-owners, hereby expressly reserves the right to amend the Condominium Documents for such a purpose. Amendments modifying the types and sizes of unsold units and their appurtenant common elements, showing minor variances and modifications to a unit, correcting surveyor other errors made in the Condominium Documents, or for the purpose of facilitating mortgage loan financing for existing or prospective co-owners and to enable the purchase or insurance of such mortgage loans by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association, the Government National Mortgage Association, the Veterans Administration, the Department of Housing and Urban Development, or by
any other institutional participant in the secondary mortgage market which purchases or insures mortgages shall be examples of amendments which do not materially alter or change the rights of a co-owner or mortgagee.
(2) Except as hereinafter provided, this Master Deed, the Condominium Bylaws, and the Condominium Subdivision Plan may be amended, even if the amendment will materially alter or change the rights of the co-owners or mortgagees, with the consent of not less than two-thirds of the votes of the co-owners and mortgagees. A mortgagee shall have one (1) vote for each mortgage held.
(3) The method or formula used to determine the percentage of value of units in the Project for other than voting purposes, and any provisions relating to the ability or terms under which a co-owner may rent a unit, may not be modified without the consent of each affected co-owner and mortgagee. A co-owner's condominium unit dimensions may not be modi fied without the co-owner's consent.
(4) Provided, however, that in no case, unless (i) all of the first mortgagees, (ii) all owners (other than the Developer) of the individual condominium units, and (iii) the Developer (if at that time it owns any units) have given their prior written approval, shall the Association be entitled to:
(a) By any act or omission seek to abandon or terminate the Condominium Project;
(b) Change the pro rata interest or obligations of any individual condominium unit for the purpose of: (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each condominium unit and the common elements; or
(c) Partition or subdivide any condominium unit.
(5) The restrictions contained in this Article IV on Amendments shall not in any way affect the rights of the Developer as set forth elsewhere in this Master Deed, such as in Articles V, and VI.
(6) Co-owners and mortgagees of record shall be notified in writing of proposed amendments not less than ten (10) days be fore the amendment is recorded at their address reflected on the condominium records.
(7) Articles II, V, VI, VII, and VIII shall not be amended, nor shall the provisions thereof be modified by any other amendment to this Master Deed without the written consent of the Developer, so long as the Developer continues to offer any unit in the condominium for sale.
B. (1) An amendment to this Master Deed shall not be effective until the amendment is recorded.
(2) A copy of the recorded amendment shall be delivered to each co-owner.
C. A person causing or requesting an amendment to the Condominium Documents shall be responsible for costs and expenses of the amendment, except for amendments based
upon a vote of a prescribed majority of co-owners or based upon the Advisory Committee's decision, the costs of which shall be deemed expenses of administration.
Any or all of the rights and powers granted to reserved to the Developer in the Condominium Documents or by law, including the power to approve or disapprove any act, use or proposed action or any other matter or thing, may be assigned by Developer to any other entity or to the Association. Any such assignment or transfer shall be made by an appropriate instrument in writing duly recorded in the office of the Allegan County Register of Deeds.
The provisions of the Act, and of the other laws of the State of Michigan, shall be applicable to and govern this Master Deed and all activities related thereto.
IN WITNESS WHEREOF, the undersigned has executed this Master Deed as of the date first written above.
Y LIMITED PARTNERSHIP Michael J. Bos STATE OF MICHIGAN ) ~ ss. ) COUNTY OF ALLEGAN The foregoing instrument was acknowledged before me on August18, 1994, by David J. Barker, the General Partner of Greentree Limited Partnership, a Michigan limited partnership, on behalf of said partnership., ~~ . ~ Prepared by and return to: J. Glenn Sperry SPERR Y & BOWMAN 317 Center Street South Haven, MI 49090 Wildmas081694 Michael J. Bos . ,Notary Public Ottawa Co., acting inAllegan County, Michigan My commission expires:11 /22/95
Section 1. Organization. Wilderness Ridge Condominiums, a residential condominium located in the Village of Douglas, Allegan County, Michigan (the 'Condominium'), shall be administered by an association of co-owners (the' Association') which shall be organized as a nonprofit corporation under the laws of the State of Michigan. The Association will be responsible for the management, maintenance, operation and administration of the common elements, easements and, generally, the affairs of the Condominium in accordance with the Master Deed, these Bylaws, the Articles of Incorporation, Bylaws, Rules and Regulations of the Association, and the laws of the State of Michigan. All co-owners in the Condominium Project and all persons using or entering upon or acquiring any interest in any unit therein or the common elements thereof shall be subject to the provisions and terms set forth in the aforesaid Condominium Documents.
Section 2. Compliance. All present and future co-owners (who shall be 'members' of the Association as provided in Article II, Section 1, below; the terms 'members' and 'coowner' are used interchangeably herein), mortgagees, tenants and all other persons who may in any manner use, enter upon or acquire any interest in the Condominium Premises, or any Condominium unit, shall be subject to and comply with the provisions of the Act, the Master Deed, these Condominium Bylaws, and the Articles of Incorporation, Bylaws, Rules and Regulations of the Association including, without limitation, any provision thereof pertaining to the use and operation of the Condominium Premises and the Condominium. The acceptance of a deed or conveyance, the taking of a mortgage, the execution of a lease, the act of occupying a unit or presence in the Condominium shall constitute an acceptance of the provisions of these documents and an agreement to comply therewith.
Section 3. Purpose of Bylaws. These Bylaws govern the general operation, maintenance, administration, use and occupancy of the Condominium, and all such activities shall be performed in accordance with the provisions hereof.
Section 1. Membership. Each co-owner of a Condominium unit, present and future, shall be a member of the Association during the term of such ownership, and no other person or entity shall be entitled to membership. Neither Association membership nor the share of a member in the Association fund and assets shall be assigned, pledged or . transferred in any manner, except as an appurtenance to a Condominium unit, and any attempted assignment, pledge or transfer in violation of this provision shall be wholly void.