EXHIBIT 'A'
CONDOMINIUM BY-LAWS
EARHART VILLAGE HOMES
Article I.
Association of Co-Owners
Section 1. Earhart Village Homes, a condominium, located
in the City of Ann Arbor, County of Washtenaw, and State of
Michigan, shall be administered by an association of co-owners
which shall be a non-profit corporation, hereinafter called the
Association, organized under the applicable laws of the State
of Michigan and responsible for the management, maintenance,
operation, and administration of the common elements,
easements and affairs of the Condominium in accordance with
the Master Deed, these By-laws, the Articles of Incorporation,
the Association By-laws, the duly adopted Rules and Regulations
of the Association, and the laws of the State of Michigan.
All co-owners in the Condominium and all persons using or
entering upon or acquiring any interest in any condominium unit
therein or the common elements thereof shall be subject to the
provisions and terms set forth in the aforesaid Condominium
documents.
Section 2. Membership in the Association and voting by
members of the Association shall be in accordance with the
following provisions:
(a) Each co-owner shall be a member of the Association
and no other person or entity shall be entitled o membership.
(b) The share of a co-owner in the funds and assets of the
Association cannot be assigned, pledged or transferred
in any manner except as an appurtenance to his/her
condominium unit in the Condominium.
(c) Except as limited by these By-Laws, each co-owner who
is current in the payment of his/her assessments shall be
entitled to one vote for each condominium unit owned
when voting by number and one vote, the value of which
shall equal the total of the percentage allocated to the
condominium unit owned by such co-owner as set forth
in Article V of the Master Deed, when voting by value.
Voting shall be by value except in those instances when
voting is specifically required to be both by value and by
number.
(d) No co-owner shall be entitled to vote at any meeting of
the Association until evidence of ownership of a condominium
unit in the Condominium has been presented to
the Association, such as a copy of a recorded deed,
signed land contract or title insurance policy. A land
contract vendee shall be considered the co-owner for
voting purposes. The vote of each co-owner may only be
cast by the individual representative designated by such
co-owner in the notice required in subparagraph (e)
below or by a proxy given by such individual representative.
(e) Each co-owner shall file a written notice with the
Association designating the individual representative
who shall vote at meetings of the Association and
receive all notices and other communications from the
Association on behalf of such co-owner. Such notice
shall state the name and address of the individual
representative designated, number(s) of the condominium
unit(s) owned by the co-owner, and the name
and address of the co-owner. Such notice shall be
signed and dated by the co-owner. The individual representative
designate maybe changed by the co-owner
at any time by filing a new notice in the manner herein
provided.
(f) Each co-owner shall notify the Association in writing of
the name and address of the mortgage holder for the
unit, as well as when there is no longer a mortgage on the
unit.
(g) There shall be annual meetings of the members of the
Association. Other meetings may be provided for in the
By-Laws of the Association. Notice of time, place and
subject matter of all meetings, as provided in the corporate
By-Laws of the Association, shall be given to each
co-owner by mail or delivery to each individual representative
designated by the respective co-owners, at least
ten (10) days, but not more than sixty (60) days in
advance.
(h) The presence in person or by proxy of twenty-five
percent (25%) in number and in value of the co-owners
qualified to vote shall constitute a quorum for holding a
meeting of the members of the Association, except for
voting on questions specifically set forth herein to require
a greater quorum. The written vote of any person,
furnished at or prior to any duly called meeting at which
meeting said person is not otherwise present in person
or by proxy, shall be counted in determining the presence
of a quorum with respect to the question upon
which the vote is cast.
(i) Votes may be cast in person or by proxy or by a writing
duly signed by the designated voting representative not
present at a given meeting in person or by proxy. Proxies
and any written votes must be filed with the Secretary of
the Association at or before the appointed time of each
meeting of the members of the Association. Cumulative
voting shall not be permitted.
(j) A majority, except where otherwise provided herein,
shall consist of more than fifty percent (50%) in value of
those qualified to vote and present in person or by proxy
(or written vote, if applicable) at a given meeting of the
members of the Association. Whenever provided specifically herein,
a majority may be required to exceed the
simple majority hereinabove set forth and may be required
to be one of both number and value of designated
voting representatives present in person or by proxy, or
by written ballot, if applicable, at a given meeting of the
members of the Association.
(k) Other provisions as to voting by members not inconsistent with
the provisions herein contained may be set
forth in the Association By-Laws.
Section 3. The Association shall keep current copies of the
approved Master Deed, all amendments to the Master Deed
and other Condominium documents for the Condominium, and
detailed books of account showing all expenditures and receipts
of administration which shall specify the maintenance and
repair expenses of the common elements and any other expenses
incurred by or on behalf of the Association and the co-owners.
Such Condominium documents shall be available
during reasonable working hours for inspection by co-owners,
prospective purchasers and their mortgage holders of condominium
units in the condominium project. Such accounts shall
be open for inspection by the co-owners during reasonable
working hours, and the books and records shall be audited at
least once each year by qualified independent auditors; provided,
however, that such auditors need not be certified public
accountants nor does such audit need to be a certified audit. The
cost of such professional accounting assistance shall be an
expense of administration. Income, expenses and position
statements shall be prepared at least once annually and distributed
to each co-owner, the contents of which shall be defined
by the Association. Any institutional holder of a first mortgage
lien on any unit in the Condominium shall be entitled, upon
request, to inspect the books and records of the Condominium
during normal business hours and to receive the annual audited
financial statement of the Condominium referred to above within
ninety (90) days following the end of any fiscal year thereof. If
an audited statement is not available, any holder of a first
mortgage on a unit in the Condominium shall be allowed to have
audited statement prepared at its own expense.
Section 4. The affairs of the Association shall be governed
by a Board of Directors, all of whom shall serve without
compensation and who must be members of the Association.
The number, terms of office, manner of election, removal and
replacement, meetings, quorum and voting requirements, and
other provisions of or relating to directors not inconsistent with
the following shall be provided by the Association By-Laws.
(a) The Board of Directors shall have all powers and duties
necessary for the administration of the affairs of the Association
and may do all acts and things that are not prohibited
by the Condominium documents or required thereby to be
exercised and done by the co-owners. In addition to the
foregoing duties imposed by these By-Laws or any further
duties which may be imposed by resolution of the members
of the Association or which may be set forth in the
Association By-laws, the Board of Directors shall be responsible
specifically for the following:
(1) To manage and administer the affairs and maintenance
of the Condominium and the common elements.
(2) To levy, collect and disburse assessments against and
from the members of the Association and to use the
proceeds thereof for the purposes of the Association, to
enforce assessments through liens and foreclosure
proceedings when appropriate and to impose late charges
for nonpayment of said assessments.
(3) To carry insurance and collect and allocate the proceeds.
(4) To rebuild improvements to common elements after
casualty.
(5) To contract for and employ persons, firms, corporations,
or other agents to assist in the management,
operation, maintenance, and administration of the Condominium.
(6) To acquire, maintain and improve and to buy, sell,
convey, assign, mortgage, or lease any real or personal
property (including any unit in the Condominium, easements,
rights-of-way, and licenses) on behalf of the
Association in furtherance of any of the purposes of the
Association, including (but without limitation) the lease
or purchase of any unit in the Condominium for use by
a resident manager.
(7) To borrow money and issue evidences of indebtedness
in furtherance of any and all of Association business
purposes, and to secure the same by mortgage, pledge
or other lien on property owned by the Association;
provided, however, that any such action shall also be
approved by the affirmative vote of sixty percent (60%)
of all of the members of the Association in number and
in value.
(8) To make reasonable rules and regulations governing
the use and enjoyment of the Condominium by co-owners
and their tenants, guests, employees. invitees,
families and pets and to enforce such rules and regulations
by all legal methods, including, without limitation,
imposing fines and late payment charges, or instituting
eviction or legal proceedings.
(9) To enforce the provisions of the Condominium documents.
(10) To make rules and regulations and/or to enter into
agreements with institutional lenders, the purposes of
which are to enable obtaining mortgage loans by unit co.
owners which are acceptable for purchase 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.
(11) To levy, collect and disburse fines against and from
the members of the Association after notice and hearing
thereon and to use the proceeds thereof for the purposes
of the Association.
(12) To establish such committees as it deems necessary,
convenient or desirable and to appoint persons thereto
for the purpose of implementing the administration of the
Condominium, and to delegate to such committees any
functions or responsibilities which are not by law or the
Condominium documents required to be performed by
the Board.
(13) To assert. defend or settle claims on behalf of all co-owners
in connection with the common elements of the
Condominium. The Board shall provide at least a ten
(10)-day written notice to all co-owners on actions
proposed by the Board with regard thereto.
(14) To do anything required of or permitted to it as administrator
of the Condominium by the Condominium By-
Laws or by the Michigan Condominium Act. as amended.
(b) The Board of Directors may employ for the Association a
professional management agent, at reasonable compensation
established by the Board. to perform such duties and
services as the Board shall authorize. including, but not
limited to, the duties listed in Section 4(a) of this Article I,
and the Board may delegate to such management agent
any other duties or powers which are not by law or by the
Condominium documents required to be performed by or
have the approval of the Board of Directors or the members
of the Association. Any agreement or contract for professional
management of the Condominium shall provide that
such management contract may be terminated by either
party without cause or payment of a termination fee on thirty
(30) days' written notice and that the term thereof shall not
exceed one (1) year, renewable by agreement of the parties
for successive one-year periods.
(c) The Board of Directors shall have the right to regulate and
administer the recreational area and the use thereof by the
co-owners. The Board shall also have the right, in its
discretion, to permit the use of all of the facilities contained
in the recreational area by the residents of a maximum of
fifty (50) of the single-family residential dwellings located in
Earhart Subdivision outside of the Condominium. Such
usage shall be conditioned upon the payment of a reasonable
charge for the use of such facilities by such nonresidents
and the charges and other conditions of such use
shall be solely within the discretion of the Board. The right
to use the recreational facilities by such non-residents may
be granted on a temporary year-to-year basis only, renewable
at the pleasure of the Board, and no Board of Directors
of the Association shall, while in office, have the power to
grant such use for any period exceeding one year at a time.
This paragraph shall in no way be construed as an easement
or license in favor of any non-residents and any Board
of Directors may temporarily or permanently discontinue
use of the recreational facilities by non-residents as described
above.
Section 5. The Association By-Laws shall provide the
designation, number, terms of office, qualifications, manner of
election, duties, removal, and replacement of the officers of the
Association, and may contain any other provisions pertinent to
officers of the Association in furtherance of the provisions and
purposes of the Condominium documents and not inconsistent
therewith. Officers may be compensated, but only upon the
affirmative vote of sixty percent (60%) of all co-owners in
number and in value.
Section 6. Every director, officer, committee member,
employee, and agent of the Association shall be indemnified by
the Association against all expenses and liabilities, including
counsel fees, reasonably incurred by or imposed upon him/her
in connection with any proceeding to which he/she may be a
party, or in which he/she may become involved, by reason of his/
her being or having been a director, officer, committee member,
employee, and agent of the Association, whether or not he/she
is a director, officer, committee member, employee, or agent at
the time such expenses are incurred, except in such cases
wherein the director, officer, committee member, employee,
and agent is adjudged guilty of willful misfeasance or
malfeasance, willful and wanton misconduct or gross negligence in the
performance of his/her duties; provided, that, in the event of any
claim for reimbursement or indemnification hereunder based
upon a settlement by the director, officer, committee member,
employee, or agent seeking such reimbursement or indemnification
the indemnification herein shall only apply if the Board
of Directors (with the director seeking reimbursement abstaining)
approves such settlement and reimbursement as being in
the best interests of the Association, the foregoing right of
indemnification shall be in addition to and not exclusive of all
other rights to which such director, officer, committee member.
employee, or agent may be entitled. Ten (10) days written notice
of any proposed action by the Association to indemnify a
director, officer, committee member, employee, or agent shall
be given to all co-owners. Further. the Board of Directors is
authorized to carry directors' and officers' liability insurance
covering acts of the directors, officers, committee members,
employees, or agents of the Association in such amounts as it
shall deem appropriate.
Article II.
Assessments
Section 1.The Association shall be assessed as the person
or entity in possession of any tangible personal property of the
Condominium owned or possessed in common by the co-owners,
and personal property taxes based thereon shall be
treated as administrative expenses.
Section 2. All costs incurred by the Association in satisfaction of any
liability arising within, caused by or in connection with
the common elements or the administration of the Condominium
shall be expenses of administration within the meaning
of Public Act 59 of 1978, as amended, and all sums received as
proceeds of or pursuant to any policy of insurance carried by the
Association securing the interests of the co-owners against
liabilities or losses arising within, caused by or in connection
with the common elements or the administration of the Condominium
shall be receipts of administration.
Section 3. Assessments shall be determined in accordance
with the following provisions:
(a) The Board of Directors of the Association shall establish an
annual budget in advance for each fiscal year and such
budget shall project all expenses for the forthcoming year
which may be required for the proper operation, management
and maintenance of the Condominium, including a
reasonable allowance for contingencies and reserves. An
adequate reserve fund for maintenance, major repair and
replacement of those common elements that must be
replaced on a periodic basis must be established in the
budget and must be funded by regular monthly payments
as set forth in Section 4 below rather than by special
assessments. At a minimum, the reserve fund shall be
equal to ten percent (10%) of the current annual budget on
a noncumulative basis. Since the minimum standard required
by this subparagraph may prove to be inadequate for
this particular Condominium, the Board of Directors should
carefully analyze the Condominium to determine if aggregate
amount should be set aside or if additional reserve funds
should be established for other purposes from time to time.
In the event of such a determination, the Board of Directors
may establish such greater or other reserves without co-owner
approval. Upon adoption of the annual budget by the
Board of Directors, copies of the budget shall be delivered
to each co-owner and the assessment for said year shall be
established. The delivery of a copy of the budget to each co-owner
shall not affect the liability of any co-owner for any
existing or future assessments. Should the Board of Directors
at any time determine, in the sole discretion of the
Board of Directors, (1) that the assessments levied are or
may prove to be insufficient to pay the costs of operation,
maintenance and management of the Condominium, (2) to
provide replacements of existing common elements, (3) to
provide additions to the common elements not to exceed
$10,000.00 annually for the entire Condominium (adjusted
for increases in the Consumers Price Index used by the
United States Department of Labor, Bureau of Vital Statistics,
Metropolitan Detroit area, since the date of recording
of the initial Master Deed), or (4) in the event of emergencies,
the Board of Directors shall have the authority to
increase the general assessment or to levy such additional
assessment or assessments as it shall deem to be necessary.
The Board of Directors also shall have the authority,
without co-owner consent, to levy assessments pursuant to
the provisions of Article V, Section 5. The discretionary
authority to levy assessments pursuant to this subparagraph
shall rest solely with the Board of Directors for the benefit
of the Association, and shall not be enforceable by any
creditors of the Association or of the members.
(b) Other special assessments may be made by the Board of
Directors from time to time and approved by the co-owners
to meet other needs or requirements of the Association,
including, but not limited to, (1) assessments for additions
to the common elements of a cost exceeding $10,000.00
annually for the Condominium (adjusted for increases in the
Consumers Price Index used by the United States Department
of Labor, Bureau of Vital Statistics, Metropolitan
Detroit area, since the date of recording of the initial Master
Deed), (2) assessments to purchase a condominium unit
upon foreclosure of the lien for assessments described in
Section 6 below, or (3) assessments for any other appropriate
purpose not elsewhere described. Special assessments
referred to in this subparagraph (b) shall not be levied
without the prior approval of at least sixty percent (60%) of
all co-owners in value and in number. The authority to levy
assessments pursuant to this subparagraph is solely for the
benefit of the Association and the members and shall not be
enforceable by any creditors of the Association or of the
members.
Section 4. Unless otherwise provided herein or in the
Master Deed, assessments levied against the co-owners to
cover administrative expenses, that affect each condominium
unit equally shall be apportioned equally among and paid by the
co-owners.
(a) Common expenses associated with the maintenance,
repair, renovation, restoration, or replacement of a limited
common element shall be specially assessed against the
condominium unit to which that limited common element
was assigned at the time the expenses were incurred. If the
limited common element involved was assigned to more
than one condominium unit, the expenses shall be specially
assessed against each of the condominium units equally so
that the total of the special assessments equals the total of
the expenses.
(b) Any other unusual common expenses benefiting less than
all of the units, or any expenses incurred as a result of the
conduct of less than all those entitled to occupy the Condominium,
or their tenants or invitees, shall be specifically
assessed against the unit or units involved, in accordance
with such reasonable rules and regulations as shall be
adopted by the Board of Directors of the Association.
(c) Annual assessments determined in accordance with Article
II, Section 3(a) above shall be payable by co-owners in
twelve (12) equal monthly installments, commencing with
acceptance of a deed to a condominium unit or with
acquisition of title to a condominium unit by any other
means.
(d) The payment of an assessment shall be in default if such
assessment, or any part thereof, is not paid to the Association
in full on or before the due date. If a delinquency occurs,
the Board of Directors may accelerate the due date of the
balance of the unpaid annual assessment.
(e) Assessments in default shall bear interest at the rate of not
less than seven percent (7%) per annum, plus an additional
interest rate surcharge as the Board of Directors shall
approve, until paid in full. The interest rate and interest rate
surcharge combined applying to delinquent accounts shall
not exceed the limit set by usury laws of the State of
Michigan. The Board of Directors shall also adopt uniform
late payment charges.
(f) Each co-owner (whether one or more persons) shall be and
remain personally liable for the payment of all assessments
pertinent to the condominium unit which may be levied
while the co-owner is the owner thereof. A purchaser of a
unit shall acquire the unit subject to any unpaid assessments
against it and shall become personally liable there for.
A co-owner selling a unit shall not be entitled to any
refund whatsoever from the Association with respect to any
account, reserve or other asset of the Association.
(g) Monthly assessments not received by the tenth (10th)
calendar day of each month shall be subject to a late charge
of fifteen ($15.00) Dollars. The late charge may be increased
by the Board of Directors in its sole discretion,
except such increase(s) shall not exceed Ten (10%) Percent
per annum of the prior year's monthly late charge on
an increasing basis beginning in 1981. There shall be only
one late charge for each monthly assessment. Any additional
monthly delinquencies will also be assessed a late
charge in the same amount.
(h) All assessments received shall be first applied to the oldest
delinquency.
Section 5. Co-owners may not exempt themselves from
Liability for their contribution toward administrative expenses by
waiver of use or enjoyment of any of the common elements or
by the abandonment of their condominium unit.
Section 6. In addition to any other remedies available to it.
the Association may enforce collection of delinquent assessments
by a suit at law for a money judgment or by foreclosure
of the statutory lien that secures payment of assessments. Each
co-owner, and every other person who from time to time has any
interest in the Condominium, shall be deemed to have granted
to the Association the unqualified right to elect to foreclose such
lien, either by judicial action or by advertisement.
(a) The provisions of Michigan law pertaining to foreclosure of
mortgages by court action and by advertisement, as the
same may be amended from time to time, are incorporated
by reference for the purposes of establishing the alternative
procedures to be followed in lien foreclosure actions and
the rights and obligations of the parties to such actions.
(b) Each co-owner in the Condominium shall be deemed to
have authorized and empowered the Association to sell or
to cause to be sold the unit with respect to which the
assessment(s) is or are delinquent and to receive, hold and
distribute the proceeds of such sale in accordance with the
priorities established by Michigan law.
(c) The co-owner of a unit in the Condominium acknowledges
that at the time of acquiring title, to such unit he/she was
notified of the provisions of this section and that he/she
voluntarily, intelligently and knowingly waived notice of any
proceedings brought by the Association to foreclose by
advertisement the lien for nonpayment of assessments and
a hearing on the same prior to the sale of the subject unit.
(d) Neither a court foreclosure action nor a lawsuit for money
judgment shall be commenced, or any notice of foreclosure
by advertisement be published, until the expiration of ten
(10) days after mailing, by ordinary mail addressed to the
delinquent co-owner at his/her last known address and/or
to the representative designated in the written notice required
by Article 12(e) to be filed with the Association, of a
written notice that one or more installments of the annual
assessment levied against the pertinent unit is or are
delinquent and that the Association may invoke any of its
remedies hereunder if the default is not cured within ten (10)
days after the date of mailing.
(e) The written notice shall be accompanied by an affidavit of
an authorized representative of the Association that sets
forth (i) the representative's capacity to make the affidavit,
(ii) the statutory and other authority for the lien, (iii) the
amount outstanding, (iv) the legal description of the subject
unit and (v) the name(s) of the co-owner(s) of record.
(f) The affidavit shall be recorded at the Register of Deeds of
Washtenaw County prior to the commencement of any
foreclosure proceeding. It need not have been recorded as
of the date of mailing.
(g) If the delinquency is not cured within ten (10) days, the
Association may take remedial action which it elects or is
permitted under Michigan law. If the Association elects to
foreclose the lien by advertisement, the Association shall
notify the representative that he/she may request a court
hearing by bringing suit against the Association.
(h) The expenses incurred in collecting unpaid assessments,
including interest, costs, actual attorneys' fees (not limited
to statutory fees), and advances for taxes or other liens paid
by the Association to protect its lien shall be charged to the
co-owner in default and shall be secured by the lien on his/her
unit.
(i) In the event that a co-owner defaults on any installment of the
annual assessment the Association shall have the right to
declare all unpaid installments of the annual assessment
for the fiscal year immediately due and payable. The
Association also may discontinue the furnishing of any
utilities or other services to a co-owner in default upon ten
(10) days' written notice to such co-owner of its intention
do so. A co-owner in default shall not be entitled to utilize
any of the general common elements of the Condominium,
except as shall be necessary for purposes of ingress to and
egress from his/her unit, and shall not be entitled to vote at
any meeting of the Association, and his/her percentage of
value shall not be taken into consideration when determining
the quorum requirements for such meetings, so long as
such default continues.
(j) In a court foreclosure action, a receiver may be appointed to
collect a reasonable rental for the unit from the co-owner or
any persons claiming under him/her and, if the unit is not
occupied, to lease the unit and collect and apply the rental
there from to any delinquency owed to the Association. All
of these remedies shall be cumulative and not alternative
and shall not preclude the Association from exercising such
other remedies as may be available at law or in equity.
Upon the sale or conveyance of a condominium unit, all
unpaid assessments against the condominium unit shall be paid
out of the sale price or by the purchaser before any other
assessments or charges, except the following:
(a) Amounts due the State, or any subdivision of the State, or
any municipality for taxes and special assessments due
and unpaid on the condominium unit.
(b) Payments due under a first mortgage which has priority.
(c) A purchaser/grantee is entitled to a written statement from
the Association setting forth the amount of unpaid assessments
against the seller/grantor. The purchaser/grantee
is not liable for, nor is the condominium unit conveyed
subject to a lien for any unpaid assessments against the
seller/grantor for more than the amount set forth in the
written statement. As provided in the Act, unless the
purchaser/grantee requests a written statement from the
Association at least five (5) days before the sale, the
purchaser/grantee shall be liable for unpaid assessments
against the condominium unit with interest, costs and actual
attorney fees incurred in the collection.
Unpaid sums assessed to a co-owner by the Association
constitute a lien upon the unit or units in the project owned by
the co-owner at the time of the assessment superior to other
liens except tax liens on the unit in favor of any State or Federal
taxing authority and sums paid on a first mortgage of record.
However, past due assessments which are evidenced by a
notice of lien, recorded according to the Act, have priority over
a subsequently recorded first mortgage. The lien upon each unit
owned by a co-owner shall be in the amount assessed against
the unit plus a proportionate share of the total of all other unpaid
assessments due on units no longer owned by the co-owner, but
which became due while the co-owner had title to the units. The
lien may be foreclosed by court action or by advertisement by
the Association in the name of the Condominium on behalf of
other co-owners.
Section 7. Special assessments and property taxes shall
be assessed against the individual condominium units identified
as units on the Condominium Subdivision Plan and not on the
total property of the Condominium. Special assessments and
property taxes in any year in which the property existed as an
established Condominium on the tax day shall be assessed
against the individual condominium unit. Condominium units
all be described for such purposes by reference to the
dominium unit number on the Condominium Subdivision
Plan together with the liber and page of the county records in
which the approved Master Deed is recorded. Assessments for
subsequent real property improvements to a specific condominium unit shall be
assessed to that condominium unit description
only. For property tax and special assessment purposes,
each condominium unit shall be treated as a separate single unit
of real property and shall not be combined with any other unit(s),
and no assessment of any fractional part shall be made, nor
shall any division or split of the assessment or taxes of any
single condominium unit be made notwithstanding separate or
common ownership.
Section 8. A construction lien concerning a condominium
arising under Act No. 497 of the Public Acts of 1980, being
Section 570.1101 to 570.1305 of the Michigan Compiled Laws,
is subject to the following limitations:
(a) Except as otherwise provided in this section, a construction
lien for an improvement furnished to a condominium unit or
to a limited common element shall attach only to the
condominium unit to which the improvement was furnished.
(b) A construction lien for an improvement authorized by the
Association shall attach to each condominium unit only to
the proportional extent that the co-owner of the condominium unit
is required to contribute to the expenses of
administration, as provided by the Condominium documents.
(c) A construction lien shall not arise or attach to a condominium
unit for work performed on the common elements
if the work was not contracted for by the Association.
Section 9. Any co-owner bringing an unsuccessful lawsuit
against the Association and/or its Board of Director for the
administration of the affairs of the Association, found to be
consistent with the provisions contained in the Condominium
documents, shall be charged by the Board of Directors for all
expenses incurred by the Association. Such expenses may be
collected by the Association in the same manner as an assessment.
Article III.
Arbitration
Section 1. Disputes, claims or grievances arising out of or
relating to the interpretation or application of the Condominium
documents or the management agreement, if any, or any
disputes, claims or grievances arising among or between co-owners
or between co-owners and the Association or with a
management company shall, upon the election and written
consent of the parties involved, including the Association, be
submitted to arbitration. The parties thereto shall accept the
arbitrator's decision as final and binding, provided that no
question affecting the claim of title of any person to any fee or
life state in real estate is involved. The Commercial Arbitration
Rules of the American Arbitration Association, as amended and
in effect from time to time hereafter, shall be applicable to any
such arbitration.
Section 2. In the absence of the decision and written
consent of the parties to abide by arbitration, no co-owner or the
Association shall be precluded from petitioning the courts to
resolve any such disputes, claims or grievances.
Section 3. Election by co-owners or the Association to
Submit any such dispute, claim or grievance to arbitration shall
preclude such parties from litigating such dispute, claim or
grievance in the courts.
Article IV.
Insurance
Section 1. The Association shall carry property coverage
For all risks of direct physical loss and liability insurance, fidelity
Coverage and worker's compensation insurance, if applicable,
pertinent to the ownership, use and maintenance of the common
elements and condominium units of the Condominium.
Such insurance, other than title insurance, shall be carried and
administered in accordance with the following provisions:
(a) All such insurance shal1 be purchased by the Association for
the benefit of the Association, co-owners and their mortgage
holders, as their interests may appear. Provision shall
be made for certificates to be issued to the mortgage
holders of co-owners. Each co-owner may obtain additional
insurance coverage at his/her own expense on the unit. It
shall be the co-owner's responsibility to obtain insurance
coverage for personal property located within the unit or
elsewhere in the Condominium, for improvements and
betterments to the unit and for alternative living expenses
in event of fire or other catastrophe. This shall include
insurance on limited common elements, including windows,
screens and doors appurtenant to the condominium
unit. The Association shall have absolutely no responsibility
for obtaining such coverages. The Association and all
co-owners shall use their best efforts to see that all property
and liability insurance carried by the Association or any co-owner
shall contain appropriate provisions whereby the
insurer waives its rights of subrogation as to any claims
against any co-owner or the Association, and such insurance
shall contain a severability of interest endorsement.
(b) All common elements and condominium units of the Condo-
minimum shall be insured against all risks of direct physical
loss in an amount equal to the maximum insurable replacement value,
excluding foundation and excavation costs, as
determined annually by the Board of Directors of the
Association. Such coverage shall also extend to the
unpainted surface of interior walls within any condominium
unit and include the pipes, wires, conduits, and ducts
contained therein and shall further include all fixtures,
equipment and trim within a condominium unit which were
furnished with the unit as standard items in accordance with
the plans and specifications (or such replacements as do
not exceed the cost of such standard items). Any improvements made by
a co-owner within a unit shall be covered by
insurance obtained by and at the expense of the co-owner;
provided, however, that, if the Association elects to include
such improvements under its insurance coverage, any
additional premium cost to the Association shall be assessed
and borne solely by the co-owner and collected as
a part of or in addition to the assessments against the co-owner under
Article II.
(c) All premiums for insurance purchased by the Association
pursuant to these By-Laws shall be administrative expenses
and collected as a part of or in addition to the
assessments against said co-owner under Article II.
(d) Proceeds of all insurance policies owned by the Association
shall be received by the Association, held in a separate
account and distributed to the Association, the co-owners
and their mortgage holders, as their interests may appear.
However. whenever repair or reconstruction of the Condominium
shall be required as provided in Article V of these
By-Laws, the proceeds of any insurance received by the
Association as a result of that loss shall be applied to its
repair or reconstruction. In no event shall hazard insurance
proceeds be used for any other purpose unless two-thirds
(2/3) of all of the institutional holders of first mortgages on
units in the Condominium have given their prior written
consent.
(e) On any claim of the above-mentioned policies which is
subject to a deductible amount, the deductible amount shall
be paid by the co-owner of the unit which is damaged or
which unit has appurtenant to it the damaged limited
common element. In the event that more than one unit is
damaged, then the deductible amount shall be apportioned
between and paid by the co-owners of units which are
damaged or which units have appurtenant to them the
damaged limited common element, based upon a fraction,
the numerator of which is the dollar amount of the damage
done to a particular unit, and the denominator of which is the
total dollar amount of damage done to all units from one
specific incident. If the damage is to a limited common
element appurtenant to more than one unit, then the
deductible amount shall be paid proportionately by the
appurtenant units based upon a fraction, the numerator of
which is the percentage of value assigned to a particular
unit, and the denominator of which is the sum of the
percentages of value assigned to those units appurtenant
to the damaged limited common element. In the case of
damage to a general common element, the deductible shall
be paid by the Association.
Section 2. Each co-owner of a unit in the Condominium,
shall be deemed to appoint the Association as his/her true and
lawful attorney-in-fact to act in connection with all matters
concerning the maintenance of property insurance, liability
insurance, fidelity coverage, worker's compensation insurance,
if applicable, with the insurance company for the Condominium.
The Association, as said attorney, shall have full power and
authority to purchase and maintain such insurance, to collect
and remit premiums, to collect proceeds, and to distribute the
same to the Association, the co-owners and their respective
mortgage holders, as their interests may appear (subject always
to the Condominium documents), to execute releases of
liability, and to execute all documents and do all things on behalf
of the co-owner and the Condominium as shall be necessary or
convenient to accomplish the foregoing.
Article V.
Reconstruction or Repair
Section 1. If any part of the condominium property shall be
damaged, the determination of whether or not it shall be
reconstructed or repaired shall be made in the following manner:
(a) If the damaged property is a common element or condominium
unit, the property shall be rebuilt or repaired if any
condominium unit in the Condominium is tenantable, unless
it is determined by a unanimous vote of all of the co-owners
in the Condominium that the Condominium shall be
terminated and each institutional holder of a first mortgage
lien on any unit in the Condominium has given its prior
written approval of such termination.
(b) If the Condominium is so damaged that no condominium
unit is tenantable, and if each institutional holder of a first
mortgage lien on any unit in the Condominium has given its
prior written approval of the termination of the Condominium,
the damaged property shall not be rebuilt and the
Condominium shall be terminated, unless two-thirds (2/3)
or more of the co-owners in value and in number agree to
reconstruction by vote or in writing within ninety (90) days
after the destruction.
Section 2. Any such reconstruction or repair shall be
substantially in accordance with the Master Deed and the plans
and specifications for the Condominium to a condition as
comparable as possible to the condition existing prior to damage
unless the co-owners shall unanimously decide otherwise.
Section 3. If the damage is only to a part of a condominium
unit which is the responsibility of a co-owner to maintain and
repair, it shall be the responsibility of the co-owner to repair such
damage in accordance with Section 4. In all other cases, the
responsibility for reconstruction and repair shall be that of the
Association. In the event that a co-owner does not commence
making repairs as required within 30 days of the occurrence of
the damage and diligently pursue such repairs to completion,
the Board of Directors may make such repairs. The costs thereof
shall constitute an additional assessment against such co-owner,
due and enforceable as provided in these By-Laws for
other assessments.
Section 4. Each co-owner shall be responsible for the
reconstruction, repair and maintenance of the interior of his/her
condominium unit, including, but not limited to, floor coverings,
wall coverings, window shades, draperies. interior non load bearing
walls (but not any common elements therein), walls
contained wholly within the unit, and pipes, wires, conduits, and
ducts therein (after connection with fixtures), interior trim,
furniture, light fixtures, and all appliances and equipment,
whether free standing or built-in. Damage to interior walls within
a co-owner's unit or to pipes, wires, conduits, ducts, or other
common elements therein is covered by insurance held by the
Association, and the reconstruction or repair shall be the
responsibility of the Association in accordance with Section 8.
However, any deductible amount is to be paid by the co-owner
to whom the damage occurred. If any other interior portion of a
unit is covered by insurance held by the Association for the
benefit of the co-owner, the co-owner shall be responsible for
the deductible amount, if any, and shall been titled to receive the
proceeds of insurance relative to it. If there is a mortgage
endorsement, the proceeds shall be payable to the co-owner
and the mortgage holder jointly. In the event of substantial
damage to or destruction of any unit or any part of the common.
elements, the Association shall promptly so notify each institutional
holder of a first mortgage lien on any condominium unit in
the Condominium. The Association shall have a lien for any
funds advanced on behalf of any co-owner.
Section 5. Every co-owner shall perform promptly all maintenance
and repair work within his/her own unit, which, if
omitted. would affect the common elements or another unit(s),
each co-owner being expressly responsible for the damages
consequently resulting from such omission. Repairs of installa-
tions within a unit such as telephone, heating and cooling
systems, water, sewer and plumbing systems, doors, lamps
and all other accessories including water faucets, tanks and
fixtures. but excluding water meters, shall be an expense of the
co-owner. Each co-owner shall reimburse the Association for
any expense incurred in repairing or replacing any common
elements damaged through the fault of the co-owner.
Section 6. A co-owner who desires to make a repair or
structural modification of his/her condominium unit shall first
obtain written consent from the Association. The Association
shall not give its consent if such repair or modification might
jeopardize or impair the structural soundness, safety, utility, or
harmonious appearance of the Condominium.
Section 7. Any person designated by the Association shall
have access to each condominium unit as necessary during
reasonable hours and upon notice to the occupant thereof for
maintenance, repair or replacement of any of the common
elements therein or accessible there from, and shall have access
to each condominium unit without notice for making
emergency repairs necessary to prevent damage to other
condominium units or the common elements, or both.
Section 8. An adequate reserve fund for replacement,
reconstruction and repair of the common elements must be
established and must be funded by regular monthly payments
other than by special assessments. Immediately after a casualty
causing damage to property for which the Association has
the responsibility of maintenance, repair and reconstruction, the
Association shall obtain reliable and detailed estimates of the
cost to replace the damaged property in a condition as good as
that existing before the damage. If the proceeds of insurance are
not sufficient to defray the estimated costs of required reconstruction
or repair, or if at any time during such reconstruction
or repair, or upon completion of such reconstruction or repair,
the funds for the payment of the costs are insufficient, assessments
shall be made against all co-owners for the cost of
reconstruction or repair of the damaged property in sufficient
amounts to provide funds to pay the estimated or actual cost of
repair. Any excess proceeds of insurance shall belong to the
Association.
Section 9. Section 133 of the Act and the following provisions
shall control upon any taking by eminent domain:
(a) In the event of any taking of an entire condominium unit by
eminent domain, the co-owner and his/her mortgage holder,
as their interest may appear, shall be entitled to receive the
award for such taking and, after acceptance, shall be
divested of all interest in the Condominium with regard to
such unit. In the event that any condemnation award shall
become payable to any co-owner whose condominium unit
is not wholly taken by eminent domain, then such award
shall be paid by the condemning authority to the Association
on behalf of such co-owner. If only a part of any
condominium unit is taken, the Association shall rebuild the
same as is necessary to make it habitable and remit the
balance of the condemnation proceeds pertinent to such
condominium unit to the owner and his/her mortgage
holder, as their interests may appear.
(b) If there is any taking of any portion of the Condominium other
than any condominium unit, the condemnation proceeds
relative to such taking shall be paid to the Association, and
the affirmative vote of at least two-thirds (2/3) of the co-
owners in number and in value shall determine whether to
rebuild, repair or replace the portion so taken or to take such
other action as they deem appropriate. If no such affirmative
vote is obtained, such condemnation proceeds shall be
remitted to the co-owners and their mortgage holders, as
their respective interests may appear, in accordance with
their respective percentages of value set forth in Article V
of the Master Deed.
(c) In the event the Condominium continues after taking by
eminent domain, then the remaining portion of the Condominium
shall be resurveyed and the Master Deed amended
accordingly and, if any condominium unit shall have been
taken, then Article V of the Master Deed shall also be
amended to reflect such taking and to proportionately
readjust the percentages of value of the remaining co-owners
based upon the continuing value of the Condominium
of 100%. Such amendment may be effected by an
officer of the Association duly authorized by the Board of
Directors without the necessity of execution or specific
approval by any co-owner.
(d) In the event any condominium unit in the Condominium or
any portion thereof, or the common elements or any portion
thereof, is made the subject matter of condemnation or
eminent domain proceedings, or is otherwise sought to be
acquired by a condemning authority, the Association shall
promptly notify each institutional holder of a first mortgage
lien on any of the units In the Condominium, provided that
the name and address of each has been provided to the
Association.
(e) If portions of a condominium unit are taken by eminent
domain, the court shall determine the fair market value of
the portions of the condominium unit not taken. The undivided
interest for each condominium unit in the common
elements shall be reduced in proportion to the diminution in
the fair market value of the condominium unit resulting from
the taking. The portions of undivided interest in the common
elements divested from the co-owners of a condominium
unit shall be reallocated among the other condominium
units in the Condominium in proportion to their respective
undivided interest in the common elements. A condominium
unit partially taken shall receive the reallocation in
proportion to its undivided interest as reduced by the court.
The court shall enter a decree reflecting the reallocation of
undivided interests, and the award shall include just compensation
to the co-owner of the condominium unit partially
taken for that portion of the undivided interest in the
common elements divested from the co-owner and not
revested in the co-owner pursuant to subsection (f), as well
as for that portion of the condominium unit taken by eminent
domain.
(f) If the taking of a portion of a condominium unit makes it
impractical to use the remaining portion of that condominium
unit for a lawful purpose permitted by the Condominium
documents, then the entire undivided interest in the
common elements appertaining to that condominium unit
shall thenceforth appertain to the remaining condominium
units, being allocated to them in proportion to their respective
undivided interests in the common elements. The
remaining portion of that condominium unit shall thence forth be
a common element. The court shall enter an order
reflecting the resulting reallocation of undivided interests,
and the award shall include just compensation to the co-owner
of the condominium unit for the co-owners entire
undivided interest in the common elements and for the
entire condominium unit.
(g) Votes in the Association and liability for future administrative
expenses appertaining to a condominium unit taken or
partially taken by eminent domain shall thenceforth appertain
to the remaining condominium units, being allocated to
them in proportion to the relative voting strength in the
Association. A condominium unit partially taken shall receive
a reallocation as though the voting strength in the
Association was reduced in proportion to the reduction in
the undivided interests in the common elements.
Section 10. The Association, acting through its Board of
Directors, may negotiate on behalf of all co-owners for any
taking of common elements and any negotiated settlement
approved by at least two-thirds (2/3) of the co-owners based
upon assigned voting rights shall be binding on all co-owners.
Article VI.
Restrictions
Section 1.
(a) No condominium unit shall be used for other than single
family residential purposes (except that persons not of the
same immediate family residing together may occupy a unit
with the written consent of the Board of Directors which
consent shall not be unreasonably withheld). A family shall
mean one person or a group of two or more persons related
by bonds of consanguinity, marriage or legal adoption or as
otherwise defined by the City of Ann Arbor Zoning Ordinance.
Upon written request, the Association may permit
reasonable exceptions to the restriction imposed by this
section.
(b) No more than four (4) persons may continuously occupy any
unit described as a two-bedroom unit and no more than six
(6) persons may continuously occupy any unit described
and/or utilized as a three-bedroom unit in the Master Deed.
Continuous occupancy shall mean occupancy for more
than thirty (30) nights in any calendar year.
Section 2.
(a) A co-owner desiring to rent or lease a condominium unit for
a period of longer than 30 consecutive days shall disclose
that fact in writing to the Association at least 10 days before
presenting a lease form to a potential lessee, and at the
same time shall supply the Association with a copy of the
exact lease form for its review for compliance with the
Condominium documents.
(b) No rooms in a condominium unit may be rented and no
tenant shall be permitted to occupy except under a lease,
the initial term of which is at least six (6) months unless
specifically approved in writing by the Association.
(c) Tenants or non co-owner occupants shall comply with all of
the conditions of the Condominium documents, and all
leases and rental agreements shall so state and shall be in
writing.
(d) If the Association determines that the tenant or non co-owner
occupant failed to comply with the conditions of the
Condominium documents, the Association shall take the
following action:
(1) The Association shall notify the co-owner by certified
mail advising of the alleged violation by the tenant.
(2) The co-owner shall have fifteen (15) days after receipt of
the notice to investigate and correct the alleged breach
by the tenant or advise the Association that a violation
has not occurred.
(3) If, after fifteen days the Association believes that the
alleged breach is not cured or may be repeated, it may
institute on its behalf an action for both eviction against
the tenant or non co-owner occupant and simultaneously
for money damages in the same action against the co-owner
and tenant or non co-owner occupant for breach
of the conditions of the Condominium documents. The
relief set forth in this section may be by summary
proceeding. The Association may hold both the tenant
and the co-owner liable for any damages to the general
common elements caused by the co-owner or tenant in
connection with the condominium unit or Condominium.
(e) When a co-owner is in arrearage to the Association for
assessments, the Association may give written notice of
the arrearage to the tenant occupying a co-owner's condominium
unit under a lease or rental agreement, and the
tenant, after receiving the notice, shall deduct from rental
payments due the co-owner the arrearage and future
assessments as they fall due and pay them to the Association.
The deduction shall not be a breach of the rental
agreement or lease by the tenant. Any tenant failing to make
such payments after receiving written notice from the
Association shall become personally liable for their payment
to the Association.
Section 3. No co-owner shall make alterations in exterior
appearance or make structural modifications to his/her condominium
unit (including interior walls through or in which there
exist easements for support or utilities) or make changes in any
of the common elements, limited or general, without the express
advance written approval of the Board of Directors, including
(but not limited to) exterior painting or the erection of antennas,
lights, aerials, awnings, doors, shutters, or other exterior attachments
or modifications, nor shall any co-owner damage or make
modifications or attachments to common element walls between
units which in any way impairs sound-conditioning provisions.
The Board of Directors may approve only such modifications
as do not impair the soundness, safety, utility, or
harmonious appearance of the Condominium.
Section 4. No noxious. unlawful or offensive activity shall be carried
on in any condominium unit or upon the common
elements, limited or general, nor shall anything be done which
may be or become an annoyance or a nuisance to the co-owners
of the Condominium, nor shall any unreasonably noisy activity
be carried on in any unit or on the common elements. No co-owner
shall do or permit anything to be done or keep or permit
to be kept in his/her condominium unit or on the common
elements anything that will increase the rate of insurance on the
Condominium.
Section 5. No animals, except one dog or two cats or one
dog and one cat, none of which shall exceed 35 pounds in weight
when fully grown, shall be maintained by any co-owner unless
specifically approved in writing by the Association.
(a) No animal may be kept or bred for any commercial purpose,
and all animals shall have such care and restraint so as not
to be obnoxious or offensive on account of noise, odor or
unsanitary conditions. No dog that barks and can be heard
on any frequent or continuing basis shall be kept in any unit
or on the common elements.
(b) No dog houses or unattended tethering of dogs shall be
permitted on the general common elements. No animal
may be permitted to run loose at any time upon the common
elements, and any animal shall at all times be attended by
some responsible person while on the common elements,
limited or general. No savage or dangerous animal shall be
kept, and any co-owner who causes any animal to be
brought or kept upon the premises of the Condominium
shall indemnify and hold harmless the Association for any
loss, damage or liability which the Association may sustain
as the result of the presence of such animal on the premises,
whether or not the Association has given its permission.
(c) Deposits of fecal matter shall be made only in those areas
specifically designated for such purpose by the Association
or the Association may require that each co-owner be
responsible for the collection and disposition of all fecal
matter deposited by any pet maintained by such co-owner.
(d) The Association may charge all co-owners maintaining
animals a reasonable additional assessment to be collected
in the manner provided in Article II of these By-laws
in the event that the Association determines such assessment
necessary to defray the maintenance cost to the
Association of accommodating animals within the Condominium.
(e) The Association may, without liability to the owner, remove
or cause to be removed any animal from the Condominium
which it determines to be in violation of the restrictions
imposed by this section.
(f) The Association shall have the right to require that any pets
be registered with it and may adopt such additional reason-
able rules and regulations with respect to animals as it may
deem proper. In the event of any violation of this Section,
the Board of Directors may assess fines for such violation
in accordance with these By-Laws and in accordance with
duly adopted rules and regulations of the Association.
Section 6. The common elements, limited or general, shall
not be used for storage of supplies, materials, personal property,
or trash or refuse of any kind, except in enclosed garages
or otherwise provided in duly adopted rules and regulations
of the Association. Trash receptacles shall be maintained in
designated areas at all times and shall not be permitted to
remain elsewhere on the common elements except for such
short periods as may be reasonably necessary to permit periodic
trash collection. The common elements shall not be used
in any way for the drying, shaking or airing of clothing or other
fabrics. Automobiles may only be washed in areas approved by
the Association. In general, no activity shall be carried on nor
condition maintained by any co-owner, either in his/her condominium
unit or upon the common elements, which spoils the
appearance of the Condominium.
Section 7. Sidewalks, yards, landscaped areas, driveways,
roads, parking areas, and porches shall not be obstructed in any
way nor shall they be used for purposes other than for which they
are reasonably and obviously intended. No bicycles, vehicles,
chairs, or benches may be left unattended on or about the
common elements. Use of any recreational facility in the Condominium
by children may be limited to such times and in
such manner as the Association shall determine by duly adopted
regulations. Specific play areas may be set aside for children.
Section 8. No house trailers, commercial vehicles, boat
trailers, boats, camping vehicles, camping trailers, snowmobiles,
snowmobile trailers, or vehicles other than motor vehicles
used for personal transportation and automobiles may be
parked or stored upon the premises of the Condominium unless
stored fully enclosed within a garage or parked in an area
specifically designated therefor by the Association. No inoperative
vehicles of any type may be brought or stored upon the
Condominium premises either temporarily or permanently.
Commercial vehicles and trucks shall not be parked in or about
the Condominium (except as above provided) unless while
making deliveries or pickups in the normal course of business.
All automobiles shall be parked overnight in assigned carports
or garages except where a co-owner maintains two cars, in
which event one car only may be parked in the duly designated
but unassigned parking spaces on the common elements. In the
event that there arises a shortage of parking spaces due to
maintenance of more than two cars by a number of co-owners,
the Association may allocate or assign parking spaces from
time to time on an equitable basis. Maintenance of more than
two cars by the occupants of any one condominium unit shall be
prohibited, except with the revocable written approval of the
Association in the event space is reasonably available. Co-owners
shall, if the Association requires, register with the
Association all cars maintained on the Condominium premises.
Section 9. No co-owner shall use or permit the use by any
occupant, agent, employee, invitee, guest, or family member of
any firearms, air rifles, pellet guns, B-B guns, bows and arrows,
or other similar dangerous weapons, projectiles or devices
anywhere on or about the Condominium premises.
Section 10. Lakes and decorative pools in the development
shall be for ornamental purposes only and shall not be used for
swimming, bathing, wading, boating, fishing, sailing, ice skating,
or other purposes.
Section 11. No signs or other advertising devices shall be
displayed which are visible from the exterior of a condominium
unit or on the common elements, including 'for sale' signs,
without written permission from the Association.
Section 12. Reasonable regulations consistent with the
Act. the Master Deed and these By-Laws concerning the use
and enjoyment of the condominium units and common elements
may be made and amended from time to time by any
Board of Directors of the Association. Copies of all such
regulations and amendments shall be furnished to all co-owners
and shall become effective thirty (30) days after mailing or
delivery to the co-owner. Any such regulation or amendment
may be revoked at any time by the affirmative vote of more than
fifty percent (50%) of all co-owners in number and in value.
Section 13. The Association or its duly authorized agents
shall have access to each condominium unit during reasonable
working hours and upon notice to the co-owner as may be
necessary for the maintenance, repair or replacement of any of
the common elements. The Association or its agents shall also
have access to each condominium unit at all times without
notice as may be necessary to make emergency repairs to
prevent damage to the common elements or to another condominium
unit. It shall be the responsibility of each co-owner to
provide the Association means of access to his/her condominium
unit during all periods of absence and, in the event of the
failure of such co-owner to provide means of access, the
Association may gain access in such manner as may be
reasonable under the circumstances and shall not be liable to
such co-owner for any necessary damage caused to his/her
condominium unit or for repair or replacement of any doors or
windows damaged in gaining such access.
Section 14. No co-owner shall perform any landscaping or
plant any trees, shrubs or flowers or place any ornamental
materials upon the common elements except in such co-
owner's patio area appurtenant solely to his/her unit wherein
landscaping and ornamentation shall be installed and maintained
by the co-owner with the approval of materials and design
by the Association. The Board of Directors may also designate
such other areas adjacent to each unit wherein a co-owner may
install approved landscaping.
Section 15. Use of motorized vehicles anywhere on the
condominium premises other than passenger cars, authorized
maintenance vehicles and commercial vehicles as provided in
Section 8 is prohibited. The Board of Directors may, by duly
adopted regulations, make reasonable exceptions to this section.
Section 16. No unsightly condition shall be maintained on
any balcony or patio or any other place which is visible from the
street or other common elements, and only furniture and equipment
consistent with ordinary balcony or patio use shall be
permitted to remain there during seasons when balconies or
patios are reasonably in use, and no furniture or equipment of
any kind shall be stored on balconies or patios during seasons
when balconies or patios are not reasonably in use.
Section 17. Each co-owner shall maintain his/her condominium
unit and any appurtenant limited common elements for
which he/she has maintenance responsibility in a safe, clean
and sanitary condition. Each co-owner shall also use due care
to avoid damaging any of the common elements, including, but
not limited to, the telephone, water, gas, plumbing, electrical, or
other utility conduits and systems and any other elements in a
condominium unit which are appurtenant to any other condominium
unit.
(a) Each co-owner shall be responsible for damages or costs
to the Association resulting from negligent damage to or
misuse of any of the common elements by a family member,
guests, tenants, agents, or invitees unless such damages
or costs are covered by insurance carried by the Association,
in which case there shall be no such responsibility
(unless reimbursement to me Association is excluded by
virtue of a deductible provision, in which case the responsible
co-owner shall bear the expense to the extent of the
deductible amount). Any costs or damages to the Association
may be assessed to and collected from the co-owner,
in the manner provided in Article II.
Section 18. All co-owners, their tenants and invitees, shall
maintain the heat in their units to a minimum of 50 degrees,
because of the danger of freezing water pipes that would
damage the common elements. Garage doors shall remain
closed at all times when the garages are not in active use.
Article VII.
Mortgages
Section 1. Any co-owner who mortgages his/her condominium unit
shall notify the Association of the name and address
of the mortgage holder. The Association shall maintain such
information in a book entitled 'Mortgages of Units'. At the written
request of a mortgage holder, which provides its name and
address, and the unit number or address on which it has a
mortgage, the Association shall give written notification to the
mortgage holder of any default by the co-owner of such condominium
unit which is not cured within sixty (60) days.
Section 2. The Association shall notify each mortgage
holder appearing in said book of the name of each company
insuring the Condominium against fire, perils covered by 'all
risk' property coverage, fidelity coverage, public liability, and
vandalism and malicious mischief, and the amount of such coverage, as
well as of any lapse, cancellation or material modification of an
insurance policy or fidelity bond maintained by the Association.
Section 3. The Association shall give written notification to
each mortgage holder appearing in said book at least thirty (30)
days prior to the effective date of any material change in the
Condominium documents and any change of manager (not
including change in employees of a corporate manager) of the
Condominium.
Section 4. Any mortgage holder which acquires title to a
condominium 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, although no such provision exists at the present time.
Section 5. 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:
(a) by act or omission seek to abandon or terminate the
Condominium;
(b) following the recording of the Consolidating Master Deed
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 condominium unit in
appurtenant real estate and any improvements thereon
which are owned by the co-owners in the Condominium in
undivided pro rata interests (“common elements”);
(c) partition or subdivide any condominium unit;
(d) by act or 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); or
(e) use hazard insurance proceeds for losses to any condominium
property (either condominium units or common
elements) for anything other than the repair, replacement or
reconstruction of such improvements, except as provided
by statute in case of substantial loss to the condominium
units and/or common elements of the Condominium.
Section 6. Whenever a notice requirement appears in these
By-Laws for the benefit of a mortgage holder which requires a
response in support of or against a proposal submitted by the
Association, the mortgage holder shall respond within thirty (30)
days of receipt of said notice or the lack of response shall be
deemed as approval of the proposal, provided the notice was
delivered by certified mail, with a 'return receipt' requested.
Section 7. Upon written request submitted to the Association,
any institutional holder of a first mortgage lien on any unit
in the Condominium shall be entitled to receive written notice of
all meetings of Association members and to designate a repre-
sentative to attend all such meetings.
Section 8. Notwithstanding any other provisions of the
Condominium documents, the holder of any first mortgage
covering any unit in the Condominium which comes into possession
of the condominium unit pursuant to the remedies
provided in the mortgage or by deed (or assignment) in lieu of
foreclosure, or any purchaser at a foreclosure sale, shall take
the property free of any claims for unpaid assessments or
charges against the mortgaged condominium unit which accrue
prior to the time such holder acquires title to the condominium
unit (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).
Section 9. The Association shall give the Federal Home
Loan Mortgage Corporation, the Federal National Mortgage
Association and all other mortgage holders of record notice (c/o
Servicer at Servicer's address) in writing of (a) any loss to or
the taking of the common elements and related facilities of the
Condominium if such loss or taking exceeds Ten Thousand
Dollars ($10,000.00), or (b) damage to a condominium unit
covered by a mortgage purchased in whole or in part by the
Federal Home Loan Mortgage Corporation, the Federal National
Mortgage Association or any other mortgage holder if
such damage exceeds One Thousand Dollars ($1,000.00). This
section shall apply only if the Federal Home Loan Mortgage
Corporation, the Federal National Mortgage Association or any
other mortgage holders holds a mortgage on a condominium
unit in the Condominium and has given notice of this ownership
to the Association.
Section 10. Nothing contained in the Condominium documents
shall be construed to give a condominium unit owner or
any other party priority over any rights of first mortgage holders
of condominium units pursuant to their mortgages in cases of a
distribution to condominium unit owners of insurance proceeds
or condemnation awards for losses to or taking of condominium
units and/or common elements.
Article VIII.
Amendments
Section 1. Amendments to these By-Laws may be proposed
by the Board of Directors of the Association acting upon
the vote of the majority of the Directors or by one-third (1/3) or
more in number of the co-owners voting in person or by
instrument in writing signed by them. Upon any such amendment
being proposed, a meeting for consideration of the same
shall be duly called in accordance with the provisions of the
Association By-Laws.
Section 2. These By-laws may be amended by an affirmative
vote of a majority of the Board of Directors, provided that
such amendments do not materially alter or change the rights of
co-owners, mortgage holders or other interested parties, and to
keep these By-Laws in Compliance with the Act.
Section 3. These By-Laws may be amended by the Association,
at any regular annual meeting or a special meeting
called for such purpose, by an affirmative vote of two-thirds (2/3)
of all co-owners in number and in value, and two-thirds (2/3)
of all first mortgage holders if the proposed amendment would
result in a material change to their rights hereunder or jeopardize
their security in the Condominium. 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 are administrative
expenses.
Section 4. A copy of each amendment to these By-laws
shall be recorded in the Office of the Washtenaw County
Register of Deeds and shall be furnished to every member of the
Association after adoption; provided, however, that any amendment
to these By-Laws that is adopted in accordance with this
Article shall be binding upon all persons who have an interest
in the Condominium irrespective of whether such persons
actually received a copy of the amendment.
Section 5. Eligible mortgage holders, those holders of a first
mortgage on a unit who have requested the Association to notify
them on any proposed action that requires the consent of a
specified percentage of eligible mortgage holders, also shall
have the right to join in the decision making about certain
amendments to the Condominium documents.
Section 6. Any amendment to these Condominium By-
Laws shall become effective upon recording such amendment
in the Office of the Washtenaw County Register of Deeds.
Without the prior written approval of two-thirds (2/3) of all
institutional holders of first mortgage liens on any unit in the
Condominium, no amendment to these By-Laws shall become
effective which involve any change, direct or indirect, in Article
I, Sections 3 and 4(b), Article II, Sections 3(a) and 4, Article IV,
Section 1(d), Article V, Sections 1, 4 and 8. Article VII, Sections
1, 4, 5, 8. 9, and 10, Article VIII, Sections 3 and 6, or Article XI,
Section 1, or to any other provision that decreases the benefits
or increases the obligations or materially affects the rights of any
members of the Association, as further identified by the Federal
National Mortgage Association's legal guidelines in Chapter 4,
Conventional Projects, Legal Requirements, of the current
issue of the Federal National Mortgage Association's Lending
Guide.
Article IX.
Compliance
Section 1. The Association and all present or future co-
owners, tenants, future tenants, or any other persons acquiring
an interest in or using the facilities of the Condominium in any
manner are subject to and shall comply with the Act, as
amended, and the mere acquisition, occupancy or rental of any
unit or an interest therein or the utilization of or entry upon the
condominium premises shall signify that the Condominium
documents are accepted and ratified. In the event that the
Condominium documents conflict with the provisions of the Act,
the Act shall govern.
Article X.
Definitions
Section 1. All terms used herein shall have the same
meaning as set forth in the Master Deed to which these By-Laws
are attached as an Exhibitor as set forth in the Act.
Article XI.
Remedies for Default
Section1. Any default by a co-owner shall entitle the
Association or another co-owner or co-owners to the following
relief:
(a) Failure to comply with any of the terms or provisions of the
Condominium documents shall be grounds for relief, which
may include, without limitations, an action to recover sums
due for damages, injunctive relief, foreclosure of lien if
default in payment of assessments, or any combination
thereof, and such relief may be sought by the Association
or, if appropriate, by an aggrieved co-owner or co-owners.
(b) In any proceedings arising because of alleged default by a
co-owner, the Association, if successful, may recover the
costs of the proceedings and such actual and reasonable
attorneys' fees (not limited to statutory fees) as may be
determined by the court. In no event shall any co-owner be
entitled to recover such attorneys' fees.
(c) The violation of any of the provisions of the Condominium
documents shall also give the Association or its duly
authorized agents the right to enter upon the common
elements, limited or general, or into any condominium unit
where reasonably necessary, and summarily remove and
abate, at the expense of the co-owner in violation, any
structure, thing or condition existing or maintained contrary
to the provisions of the Condominium documents. The
Association shall have no liability to any co-owner arising
out of the exercise of its removal and abatement power
authorized herein.
(d) The violation of any of the provisions of the Condominium
documents by any co-owner shall be grounds for assessment
by the Board of Directors of monetary fines for such
violations. No fine may be assessed unless rules and
regulations establishing such fine have first been duly
adopted by the Board of Directors of the Association and
notice given to all co-owners in the same manner as
prescribed in the Association By-Laws. Thereafter, fines
may be assessed only upon notice to the offending co-owner
as prescribed in the Association By-Laws and after
an opportunity for such co-owner to appear before the
Board no less than seven (7) days from the date of the
notice and offer evidence in defense of the alleged violation.
All fines duly assessed may be collected in the same
manner as provided in Article II of these By-Laws. No fine
shall be levied for the first violation. No fine shall exceed
Twenty-Ave Dollars ($25.00) for the second violation, Fifty
Dollars ($50.00) for the third violation, or One Hundred
Dollars ($100.00) for any subsequent violation.
(e) A co-owner may maintain an action against the Association
and its officers and Directors to compel these persons to
enforce the terms and provisions of the Condominium
documents. A co-owner may maintain an action against
any other co-owner for injunctive relief or for damages or
any combination thereof for noncompliance with the terms
and provisions of the Condominium documents or the
Michigan Condominium Act.
(f) The failure of the Association or of any co-owner to enforce
any right, provision, covenant, or condition which may be
granted by the Condominium documents shall not constitute
a waiver of the right of the Association or of any such
co-owner to enforce such right, provision, covenant, or
condition in the future.
(g) All rights, remedies and privileges granted to the Association
and its co-owner(s) by the aforesaid Condominium
documents shall be deemed to be cumulative, and
the exercise of anyone or more shall not be deemed to
constitute an election of any one. This shall not preclude the
party from exercising other additional rights, remedies or
privileges as may be available by law.
Article XII.
Severability
Section 1. In the event that any of the terms, provisions or
covenants of these By-Laws or the Condominium documents
are held to be partially or wholly invalid or unenforceable for any
reason whatsoever, such holding shall not affect, alter, modify
or impair in any manner whatsoever any of the other terms,
provisions or covenants of such documents or the remaining
portions of any terms, provisions or covenants held to be
partially invalid or unenforceable.