Amended Consolidated Master Deed
Earhart Village Homes
(Act 59, Public Acts of 1978, As Amended)
Earhart Village Homes Association, a Michigan non-profit
corporation, whose address is 339 E. Liberty Street, Suite 300,
Ann Arbor, Michigan, being charged with the management and
administration of Earhart Village Homes, a condominium project
established pursuant to the Consolidated Master Deed dated
March16, 1976, and recorded November 4, 1980, in Liber 1780,
Pages 388 through 435, inclusive, Washtenaw County Records,
and known as Washtenaw County Condominium Subdivision
Plan No. 11, hereby amends said Consolidated Master Deed of
Earhart Village Homes, in its entirety, in order to bring it into
compliance with the Michigan Condominium Act, being Act 59
of the Public Acts of 1978, as amended, pursuant to the authority
reserved in Article NINTH thereof, and with the affirmative vote
of more than two-thirds of the co-owners in Earhart Village
Homes. Upon recording of this Amended Consolidated Master
Deed in the Office of the Washtenaw County Register of Deeds,
said previously recorded Consolidated Master Deed, as
amended, shall be superseded and replaced.
WITNESSETH:
WHEREAS, the Association is the administrator of certain
real property located in the City of Ann Arbor, County of
Washtenaw, Michigan, and more particularly described as
follows:
Outlot “G”, Outlot “H” and Outlot “K” of Earhart
Subdivision: a subdivision of part of the West 1/2 of
Section 25 and the East 1/2 of Section 26, T2S,
R6E, City of Ann Arbor, Washtenaw County, Michigan,
as recorded in Liber 19 of Plats, Pages 20
through 25, inclusive, Washtenaw County Records.
WHEREAS, the Association desires, by recording this
Consolidated Master Deed, together with the Condominium By-
Laws attached as Exhibit “A” and together with the Condominium Subdivision Plan attached as Exhibit “B”. (both of which
are incorporated by reference), to reestablish the real property.
together with all improvements and all appurtenances, as a
Condominium under the provisions of the Act;
NOW, THEREFORE, the Association does, upon record-
ing, reestablish Earhart Village Homes as a Condominium
under the Act and does declare that Earhart Village Homes
(referred to as the “Condominium”) shall, after such reestablishment.
be held, conveyed, mortgaged, encumbered, and leased.
rented, occupied. improved, or in any other manner used
subject to the provisions of the Act and to the covenants,
conditions. restrictions. uses. limitations. and affirmative obligations
set forth in this Master Deed and attached Exhibits “A” and
'B”, all of which shall be deemed to run with the land and shall
be a burden and a benefit to the Association and any persons
'uiring or owning an interest in the said real property, their
guarantees, successors, heirs, personal representatives and
assigns. In furtherance of the establishment of said Condominium.
it is provided as follows:
Article I
Definitions
Certain terms are used in this Master Deed and Exhibits “A”
and “B” and are used in various other instruments such as the
Articles of Incorporation and Association By-Laws, and Rules
and Regulations of the Earhart Village Homes Association, a
Michigan non-profit corporation, and deeds, mortgages, liens,
land contracts, easements, and other instruments affecting the
establishment of or transfer of interests in Earhart Village
Homes as a condominium, Wherever used in such documents
or any other pertinent instruments, the terms set forth below
shall be defined as follows:
(1) The “Act” means the Michigan Condominium Act, being Act
59 of the Public Acts of 1978, as amended.
(2) “Association' means Earhart Village Homes Association,
the non-profit corporation organized under Michigan law, of
which all co-owners shall be members. The corporation
shall administer, operate, manage, and maintain the Condominium.
Any action required of or permitted to the
Association shall be exercisable by its Board of Directors
unless specifically reserved to its members by the Condominium
documents or the laws of the State of Michigan.
(3) “Association By-Laws” means the corporate By-Laws of
Earhart Village Homes Association, the Michigan nonprofit
Corporation organized to manage, maintain and administer the
Condominium.
(4) “Common elements” where used without modification, shall
mean both the general and limited common elements
described in Article IV.
(5) “Condominium By-Laws' means Exhibit “A”, being the By-
Laws setting forth the substantive rights and obligations of
the co-owners and required by Section 3(8) of the Act to be
recorded as part of the Master Deed.
(6) “Condominium documents' wherever used means and
includes this Master Deed and Exhibits “A” and “B”, the
Articles of Incorporation, the By-Laws. and the Rules and
Regulations. if any. of the Association.
(7) “Condominium premises” means and includes the land and
the buildings, all improvements and structures, and all
easements, rights and appurtenances belonging to Earhart
Village Homes as described above.
(8) “Condominium' means Earhart Village Homes as a condominium
project established in conformity with the provisions
of the Act.
(9) “Condominium Subdivision Plan' means Exhibit 'B'.
(10) “Co-owner” means a person, firm, corporation, partnership,
association, trust, or other legal entity or any combination
who or which owns one or more units in the Condominium.
The term 'owner', wherever used. shall be synonymous
with the term 'co-owner'. 'Co-owner' shall also include a
land contract purchaser, and both the land contract seller
and purchaser shall have joint and several responsibility for
assessments by the Association.
(11) 'Mortgage holder' means the individual, financial institution,
corporation, partnership, or other entity holding a first
mortgage lien on an individual condominium unit in Earhart
Village Homes.
(12) 'Unit' means the enclosed space constituting a single
complete condominium unit in Earhart Village Homes.
Such space is described in Exhibit 'B'.
(13) Whenever any reference is made to one gender, the same
shall include a reference to any and all genders where the
same would be appropriate; similarly, whenever a reference
is made to the singular, a reference shall also be
included to the plural where the same would be appropriate.
Article II
Title of Condominium
The Condominium shall be known as Earhart Village
Homes, Replat No.4 of Washtenaw County Condominium
Subdivision Plan No.11. The architectural plans for the Condominium
were approved by the City of Ann Arbor, Washtenaw
County, State of Michigan. The Condominium is reestablished
in accordance with the Act.
Article III
Nature of Condominium
(1) The buildings and units contained in the Condominium,
including the number, boundaries, dimensions, area, and
volume of each condominium unit, are set forth completely
in the Condominium Subdivision Plan attached as Exhibit
'B'. Each building contains individual units for single family
residential purposes and each unit is capable of individual
use because each has its own entrance from, and exit to,
a common element of the Condominium.
(2) Each co-owner in the Condominium shall have an exclusive
right to his/her condominium unit and shall have undivided
and inseparable rights to share with other co-owners the
common elements of the Condominium as are designated
by this Master Deed.
(3) No co-owner shall use his/her condominium unit or the
common elements in any manner inconsistent with the
purposes of the Condominium or in any manner which will
interfere with or impair the rights of any other co-owner in
the use and enjoyment of his/her condominium unit or the
common elements.
Article IV
Common Elements
The common elements of the Condominium described in
Exhibit 'B' attached and the respective responsibilities for the
insurance, maintenance, decoration, repair or replacement
thereof are as follows:
(1) The general common elements (which means the common
elements other than the limited common elements) are:
(a) The land described on page one above, including private
roads, driveways, sidewalks, and all unassigned parking
spaces not designated as limited common elements;
(b) The electrical wiring network throughout the Condominium,
including that contained within interior unit
walls, up to the point of connection with electrical fixtures
within any unit;
(c) The gas line network throughout the Condominium,
including that contained within unit walls, up to the point
of connection with any gas fixtures within any unit;
(d) The telephone, telecommunication and television wiring
networks throughout the Condominium but excluding
any commercial cable television network within the
Condominium;
(e) The plumbing network throughout the Condominium,
including that contained within unit walls, up to the point
of connection with plumbing fixtures within any unit;
(f) The water distribution system, sanitary sewer system
and storm drainage system throughout the Condominium;
(g) Foundations, supporting columns, unit perimeter walls
(including windows and doors therein), roofs, ceilings,
floor construction between unit levels, basement floor
and chimneys;
(h) The community building, swimming pool, and other
recreational facilities as shown on Exhibit 'B' attached
hereto;
(i) Such other elements of the Condominium not designated as general or
limited common elements which are
not enclosed within the boundaries of a unit and which
are intended for common use or necessary to the
existence, up keep and safety of the Condominium.
(j) Some or all of the utility lines (including mains and service
leads) and equipment described in Article IV, paragraphs
(1)(b), (c), (d), (e), and (f) may be owned by the
local municipal authority or by the company that is
providing the pertinent utility service. Accordingly, such
utility lines and equipment shall be general common
elements only to the extent of the co-owners' interest
therein.
(2) The limited common elements (which means a portion of the
common elements reserved for the exclusive use of less
than all of the co-owners) are:
(a) Certain garages are appurtenant to certain units as
limited common elements as designated in Exhibit 'B'
with numbers which correspond to the unit to which suet
garages respectively appertain.
(b) The interior of each garage, together with the garage
door and any door opening mechanism. shall be limited
in use to the co-owner of the unit to which such garage
is appurtenant.
(c) Each individual deck or patio in the Condominium is
restricted in use to the co-owner of the unit which is
served by such deck or patio as shown on Exhibit “B'.
(d) Each individual air-conditioner and compressor, furnace
and hot water heater shall be restricted in use to the co-owner
of the unit which is served by such equipment.
(e) Each atrium designated as such in Exhibit “B' shall be
restricted in use to the co-owner of the unit which
surrounds such atrium.
(f) Each individual porch or balcony in the Condominium is
restricted in use to the co-owner of the unit which is
served by such porch or balcony as shown on Exhibit
“B'.
(g) Fireplaces, the interior surfaces of unit perimeter walls
(including windows, screens and doors), heating ducts,
walls, ceilings and floors contained within a unit shall be
subject to the exclusive use and enjoyment of the co-owner
of such unit.
(3) The respective responsibilities for the insurance, maintenance,
decoration, repair, and replacement of the common
elements are as follows:
(a) The cost of insurance, maintenance, repair, and replacement
of the limited common elements described in
Article IV, paragraphs (2)(c), (2)(d) and (2)(e) above,
shall be borne by the co-owner of the unit to which such
limited common elements respectively appertain. An
exception is that any patio area consisting primarily of
lawn area shall be mowed by the Association and any
fences between patios, or screening air-conditioning
equipment, installed by the original developer or the
Association shall be maintained, repaired and replaced
by the Association.
(b) The cost of insurance, maintenance, repair, and replacement
of all other general and limited common
elements described above shall be borne by the Association
unless such maintenance, repair and replacement
is necessitated by co-owner fault (which shall
include actions by guests, agents, invitees, tenants,
family members, or pets) in which case the co-owner at
fault shall bear such costs as exceed any insurance
proceeds, including any deductible amount. The costs of
decorating and cleaning, (but not repair or replacement
except in cases of co-owner fault) of all surfaces referred
to in Article IV, paragraphs (2)(b), (2)(e) and (2)(g) ,shall
be borne by the co-owner of each unit to which such
surfaces are appurtenant.
(c) The cost of maintaining, repairing and replacing the
water heater, garage door opener, internal unit plumbing.
dishwasher, refrigerator, stove. oven, garbage disposal.
non-standard storm and screen doors, heating
and air conditioning equipment and duct work, lighting,
and other items that are not common elements but which
service a unit, whether or not they are within the unit,
shall be the sole responsibility of the co-owner of that
unit.
(d) The individual co-owners shall be responsible for the
cost and installation of bulbs within the exterior light
fixtures of their respective units, although the fixtures
themselves shall be maintained by the Association.
(e) The individual co-owners shall be responsible for the
cost of the cleaning of, and snow removal from, their
respective patios, decks and balconies.
(f) In the event a co-owner fails to maintain, decorate, repair
or replace any items for which he/she is responsible, the
Association shall have the right, but not the obligation, to
take whatever action or actions it deems desirable to so
maintain, decorate, repair or replace any of such limited
common elements, all at the expense of the co-owner of
the unit. Failure of the Association to take any such
action shall not be deemed a waiver of the Association's
right to take any such action at a future time. All costs
incurred by the Association in performing any responsibilities
under this Article IV which are required, in the first
instance to be borne by any co-owner, shall be assessed
against the co-owner and shall be due and payable with
his/her monthly assessment next falling due. Further,
the lien for nonpayment shall attach as in all cases of
regular assessments and such assessments may be
enforced by the use of all means available to the
Association under the condominium documents and by
law for the collection of regular assessments including,
without limitation, legal action, foreclosure of the lien
securing payment and imposition of fines.
Article V
Unit Description and Percentage of Value
(1) Each unit in the Condominium is described in this paragraph
with reference to the Condominium Subdivision Plan of
Earhart Village Homes as surveyed by Washtenaw Engineering
Co., Inc., and attached as Exhibit “8'.Each unit
shall include: (1) with respect to each unit which contains a
basement, all that space contained within the unpainted
surfaces of the basement floor and walls and the uncovered
underside of the first floor joists, and (2) with respect to the
upper floors of units, all that space contained within the
interior finished unpainted main walls and ceilings and from
the finished sub floor, all as shown on the floor plans and
sections in Exhibit “B' and delineated with heavy outlines.
The dimensions shown on basement plans in Exhibit “B'
have been physically measured by Washtenaw Engineering
Co., Inc. In the event that the dimensions on the
measured basement plan of any specific unit differ from the
dimensions on the typical basement plan for such unit
shown in Exhibit “B' then the typical upper plans for such
unit shall be deemed to be automatically changed for such
specific unit in the same manner and to the same extent as
the measured basement plan. The architectural plans and
specifications for the Condominium have been filed with the
City of Ann Arbor.
(2) The percentage of value assigned to each unit is set forth in
subparagraph (3) below. The percentage of value assigned
to each unit shall be determinative of the proportionate
share of each respective co-owner in the common elements,
proceeds, and administrative expenses and the
value of each co-owners vote at Association meetings. The
total value of the Condominium is 100.
(3) Set forth below are:
(a) Each condominium unit number as it appears on the
Condominium Subdivision Plan.
(b) The percentage of value assigned to each condominium
unit.
Building and Percentage of
Unit Number Value Assigned
Building 1
801 .57
803 .60
805 .52
807 .50
809 .50
811 .71
813 .68
815 .47
817 .47
819 .57
Building2
770 .57
772 .60
774 .52
776 .47
778 .47
780 .68
782 .71
784 .50
786 .50
788 .52
790 .60
792 .57
Building 3
740 .52
742 .47
744 .47
746 .66
748 .71
750 .50
752 .50
754 .52
756 .52
758 .47
Building 4
700 .57
702 .60
704 .52
706 .47
708 .47
710 .68
712 .71
714 .50
716 .50
718 .52
720 .60
722 .57
Building 5
670 .60
672 .47
674 .47
676 .66
678 .71
680 .50
683 .50
684 .60
686 .52
Building 6
640 .57
642 .60
644 .52
646 .60
648 .71
650 .66
652 .68
654 .71
656 .50
658 .52
660 .60
662 .57
Building 7
810 .71
812 .60
814 .60
816 .47
818 .47
820 .68
822 .71
824 .50
826 .50
828 .52
830 .60
832 .68
Building 8
871 .47
872 .47
875 .57
Building 9
841 .57
843 .60
845 .52
847 .60
849 .71
851 .66
853 .68
855 .71
857 .50
859 .52
861 .60
863 .57
Building 10
877 .47
879 .60
881 .52
883 .50
885 .50
887 .71
889 .68
891 .47
893 .47
895 .52
897 .60
899 .57
Building 11
911 .52
913 .60
915 .50
917 .50
919 .71
921 .66
923 .47
925 .47
927 .60
929 .71
931 .66
933 .71
935 .60
937 .52
939 .60
941 .57
Building 12
951 .57
953 .60
955 .52
957 .60
959 .71
961 .66
Building 13
1014 .57
1016 .60
1018 .52
1020 .60
1022 .71
1024 .66
1026 .68
1028 .71
1030 .50
1032 .52
1034 .60
1036 .71
Building 14
1002 .68
1004 .71
1006 .50
1008 .52
1010 .60
1012 .57
Building 15
1074 .57
1076 .60
1078 .52
1080 .47
1082 .47
1084 .66
1086 .71
1088 .50
1090 .50
1092 .52
1094 .60
1096 .57
Building 16
1050 .57
1052 .60
1054 .52
1056 .47
1058 .47
1060 .66
1062 .71
1064 .50
1066 .50
1068 .52
1070 .60
1072 .57
Building 17
1038 .68
1040 .71
1042 .50
1044 .52
1046 .60
1048 .57
TOTAL 100%
Article VI
Rights of Mortgage Holders
Notwithstanding any other provision in this Master Deed or
the Condominium By-Laws or any other documents, the following
provisions shall apply and may not be amended or deleted
without the prior written consent of the holders of first mortgages
on at least two-thirds (213) of the condominium unit of record:
(1) A first mortgage holder, at its request. is entitled to written
notification from the Association of any default by the co-
owner of a condominium unit in the performance of the co-owner's
obligations under the Condominium documents
which is not cured within sixty (60) days.
(2) Any first mortgage holder who obtains title to a unit pursuant
to the remedies provided in the mortgage or foreclosure of
the mortgage or deed (or assignment) in lieu of foreclosure
shall be exempt from any 'right of first refusal' contained in
the Condominium documents and shall be free to sell or
lease such unit without regard to any such provision.
(3) Any first mortgage holder who obtains title to a unit pursuant
to the remedies provided in the mortgage or foreclosure of
the mortgage or deed (or assignment) in lieu of foreclosure
shall not be liable for such unit's unpaid dues or charges
which accrue prior to the acquisition of title to such unit by
the mortgage holder (except for claims for a pro rata share
of' such assessments or charges resulting from a pro rata
reallocation of such assessments or charges to all units,
including the mortgaged condominium unit).
(4) Unless at least two-thirds (2/3) of the first mortgage holders
(based upon one (1) vote for each mortgage owned) and co-owners
of the individual condominium units have given their
prior written approval, the Association shall not be entitled
to:
(a) by act or omission seek to abandon or terminate the
Condominium;
(b) change the pro rata interest or obligations of any
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 unit
in the common elements;
(c) partition or subdivide any condominium unit;
(d) by actor omission seek to abandon, partition, subdivide,
encumber, sell, or transfer the common elements. The
granting of easements for public utilities or for other
public purposes consistent with the intended use of the
common elements by the Condominium shall not be
deemed a transfer within the meaning of this clause;
(e) use hazard insurance proceeds for losses to any condominium
property (whether to units or to common elements)
for other than the repair, replacement or reconstruction
of such improvements, except as provided by
statute in case of substantial loss to the units and/or
common elements of the Condominium unit;
(5) Each first mortgage holder has the right to examine the books
and records of the Association and the Condominium.
(6) No condominium unit owner, or any other party, shall have
priority over any rights of first mortgage holders of condominium
units pursuant to their mortgages in the case of a
distribution to condominium unit owners of insurance proceeds
or condemnation awards for losses to or a taking of
condominium units and/or common elements.
Article VII
Damage to Condominium
In the event the Condominium is partially or totally damaged
or destroyed or partially taken by eminent domain, the repair,
reconstruction or disposition of the property shall be as provided
by the By-Laws attached as Exhibit “A”.
Article VIII
Easements
In the event any portion of a unit or common element
encroaches upon another unit or common element due to
shifting, settling or moving of a building, or due to survey errors
or construction deviations, reciprocal easements shall exist for
the maintenance of such encroachment for so long as such
encroachment exists.
Maintenance easements shall exist to, through and over
those portions of the land, structures, buildings, improvements,
floors, and walls (including interior unit floors and walls)
contained therein for the continuing maintenance and repair of all
utilities in the Condominium as originally constructed and for
interior access to water shut-off valves that provide water to the
common elements. There shall exist easements of support with
respect to any unit interior wall which supports a common
element. The Board of Directors of the Association may grant
easements over or through or dedicate any portion of any
general common element of the Condominium for utility, roadway
or safety purposes.
Article IX
Amendment or Termination
Except as provided in preceding paragraphs, the Condominium
shall not be terminated or any of the provisions of this
Master Deed or attached Exhibits amended unless done in
compliance with the following provisions:
(1) The Association may (acting through a majority of its Board
of Directors and without the consent of any co-owner or any
other person) amend this Master Deed and the plans
attached as Exhibit “B' in order to correct surveyor other
errors made in such documents. Further, the Board of
Directors make such other amendments to the documents
and to the By-Laws attached as Exhibit “A” as long as they
do not materially affect any rights of any co-owners in the
Condominium or impair the security of any mortgage holder.
This includes, but is not limited to, amendments for the
purpose of maintaining this Master Deed in compliance with
the Act and of facilitating conventional mortgage loan
financing for existing or prospective co-owners and to
enable the purchase of such mortgage loans by the Federal
Home Loan Mortgage Corporation, the Federal National
Mortgage Association, the Government National Mortgage
Association, and/or any other agency of the Federal government
or the State of Michigan.
(2) The Condominium may be terminated only by the agreement
of eighty percent (80%) of the co-owners of condominium
units and the mortgage holders of two-thirds (2/3) of the first
mortgages covering the condominium units.
(3) Agreement of the required majority of co-owners and mortgage
holders to the termination of the Condominium shall
be evidenced by their execution or ratification of the termination
agreement and the termination shall become effective
only when the agreement is so evidenced of record.
(4) Upon recordation of an instrument terminating the Condominium,
the property constituting the Condominium shall
be owned by the co-owners as tenants in common in
proportion to their respective undivided interests in the
common elements immediately before recordation. As long
as the tenancy in common lasts, each co-owner or the heirs,
successors or assigns shall have an exclusive right of
occupancy of that portion of the property which formerly
constituted the condominium unit.
(5) Upon recordation of an instrument terminating the Condominium,
any rights the co-owners may have to the assets
of the Association shall be in proportion to their respective
undivided interests in the common elements immediately
before recordation, except that common profits shall be
distributed in accordance with the Condominium documents
and the Act.
(6) The Condominium documents may be amended for a proper
purpose by the Board of Directors of the Association,
without the consent of co-owners, mortgage holders and
other interested parties, including changes deemed
necessary to comply with the Act, as long as the amendments do
not materially alter or change the rights of the co-owners,
mortgage holders or other interested parties.
(7) The Condominium documents may be amended for a proper
purpose, other than as set forth above, even if the amendment
will materially alter or change the rights of the co-owners,
mortgage holders or other interested parties. with
the prior written consent of two-thirds (2/3) of the first
mortgage holders (based upon one (1) vote for each
mortgage owned) and co-owners of the individual condominium
units. A co-owner’s condominium unit dimensions
or appurtenant limited common elements may not be
modified without the consent of the co-owner and his/her
mortgage holder.
(8) 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.
the costs of which become administrative expenses.
(9) A Master Deed amendment dealing with the addition,
withdrawal or modification of units or other physical characteristics
of the Condominium shall comply with the standards
prescribed in the Act for preparation of an original
Condominium Subdivision Plan for the project.
WITNESSES:
Karl R. Frankena
Deborah K. Comini
STATEOF MICHIGAN
COUNTYOF WASHTENAW
On this 21st day of March , 1994, before me appeared Tom S. Gable, known to me personally, who, being by me sworn, did say that he is the President of Earhart Village Homes Association, the corporation named in and which executed the within instrument. and that said instrument was signed on behalf of said corporation
by authority of its Board of Directors, and said Tom S. GabIe acknowledged said instrument to be the free act and deed of said corporation.
Karl R. Frankena Notary Public
Washtenaw County, Michigan;
My commission expires: 3/8/95
This document was prepared by
and when recorded return to:
Karl R. Frankena
Conlin, McKenney & Philbrick. P.C.
700 City Center Building
Ann Arbor, Michigan 48104
