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MASTER DEED
HOMETOWN VILLAGE OF MARION
(Act 59 of Public Acts of 1978, as amended)
This Master Deed is made and executed this ____ day of August, 2000, by DELCOR HOMES - HOMETOWN VILLAGE OF MARION, LTD., a Michigan corporation, hereinafter referred to as "Developer" whose address is P.O. Box 308, New Hudson, MI 48165, in pursuance of the provisions of Act 59 of the Public Acts of 1978, as amended, hereinafter referred to as the "Act".
WITNESSETH:
WHEREAS, the Developer desires by recording this Master Deed together with the Bylaws attached hereto as Exhibit "A" and together with the Condominium Subdivision Plan attached hereto as Exhibit "B" and together with Township of Marion Planned Unit Development Agreement attached hereto as Exhibit "C" (all of which are hereby incorporated by reference and made a part hereof) to establish the real property described in Article II below, together with the improvements located and to be located thereon and the appurtenances thereto as a residential Condominium under the provisions of the Act.
NOW, THEREFORE, the Developer does, upon the recording hereof, establish HOMETOWN VILLAGE OF MARION as a Condominium under the Act and declares HOMETOWN VILLAGE OF MARION (hereinafter referred to as "Condominium" or "Condominium Project") shall, after establishment, be held, conveyed, hypothecated, encumbered, leased, rented, occupied, improved or in any other manner utilized subject to the provisions of the Act and to the covenants, restrictions, conditions, uses, limitations and affirmative obligations set forth in this Master Deed, together with Exhibits "A", "B" and "C" hereto, all of which shall be deemed to run with the land and shall be a burden and a benefit to the Developer, its successors and assigns, and any persons acquiring or owning an interest in the Condominium Premises, their grantees, successors, heirs, personal representatives and assigns. In furtherance of the establishment of the Condominium, it is hereby provided as follows:
ARTICLE I
TITLE AND NATURE
The Condominium shall be known as HOMETOWN VILLAGE OF MARION, Livingston County Condominium Subdivision Plan No.______ The engineering and architectural plans for the Project were approved in accordance with the requirements of Marion Township, Livingston County, Michigan. The Condominium is established in accordance with the Act. The Units contained in the Condominium, including the number, boundaries, dimensions and area of each Unit therein are set forth completely in the Condominium Subdivision Plan attached as Exhibit "B" hereto. Each Unit is capable of individual utilization on account of having its own entrance from and exit to a Common Element of the Condominium. Each Co-owner in the Condominium shall have an exclusive right to his Unit and shall have undivided and inseparable rights to share with other Co-owners the Common Elements of the Condominium Project.
ARTICLE II
LEGAL DESCRIPTION
The land which is submitted to the Condominium Project established by this Master Deed is described as follows:
A parcel of land in the Northeast 1/4 of Section 11, T2N, R4E, Marion Township, Livingston County, Michigan; the boundary of said parcel described as: Commencing at the Northeast corner of said Section 11; thence S02°53'24"E along the East line of said Section 11 a distance of 702.09 feet to the point of beginning of this description; thence S02°53'24"E continuing along said East line a distance of 1269.83 feet; thence S87°41'26"W 1056.89 feet; thence N02°18'35"W 183.52 feet; thence S87°41'26"W 27.73 feet; thence N02°18'34"W 60.00 feet; thence Northwesterly 140.42 feet along a curve to the left, said curve having a radius of 383.50 feet, a delta angle of 20°58'44", and a chord of 139.64 feet bearing N11°49'24"W; thence Northwesterly 103.03 feet along a curve to the right, said curve having a radius of 733.00 feet, a delta angle of 08°03'11", and a chord of 102.94 feet bearing N18°17'11"W; thence N11°54'51"W 60.00 feet; thence S78°05'09"W 101.48 feet; thence Northwesterly 190.61 feet along a curve to the right, said curve having a radius of 105.00 feet, a delta angle of 104°00'34", and a chord of 165.49 feet bearing N49°54'33"W; thence Northwesterly 97.07 feet along a curve to the left, said curve having a radius of 1134.00 feet, a delta angle of 04°54'16", and a chord of 97.04 feet bearing N00°21'24"W; thence N87°11'06"E 108.50 feet; thence Northwesterly 333.52 feet along a curve to the left, said curve having a radius of 1242.50 feet, a delta angle of 15°22'47", and a chord of 332.52 feet bearing N10°30'17"W; thence Northeasterly 14.72 feet along a curve to the right, said curve having a radius of 638.50 feet, a delta angle of 01°19'17", and a chord of 14.72 feet bearing N62°47'29"E; thence Northeasterly 145.85 feet along a curve to the right, said curve having a radius of 186.50 feet, a delta angle of 44°48'26", and a chord of 142.16 feet bearing N84°32'03"E; thence N16°56'17"E 168.50 feet; thence Southeasterly 15.78 feet along a curve to the right, said curve having a radius of 355.00 feet, a delta angle of 02°32'49", and a chord of 15.78 feet bearing S71°47'19"E; thence N19°29'06"E 217.36 feet; thence N88°25'06"E 31.80 feet; thence S02°53'24"E parallel to said East line a distance of 169.96 feet; thence N87°06'36"E 123.56 feet; thence S39°14'52"W 1.35 feet; thence N87°06'36"E 80.91 feet; thence N39°14'52"E 1.35 feet; thence N87°06'36"E 746.78 feet to the point of beginning; said parcel containing 34.50 acres more or less.
Subject to Gas Storage Agreement and Oil and Gas Lease and Affidavit of Notice of Intention to Retain Mineral Rights in favor of Panhandle Eastern Pipe Line Company, as recited in instruments recorded in Liber 312, Pg. 612, Liber 345, Pg. 62, Liber 693, Pg. 6, and Liber 840, Pg. 332 Livingston County Records; Ratification and Rental Division Order recorded in Liber 498, Pg. 124, Livingston County Records; the Terms and Conditions contained in Mineral Deed Interest, as disclosed by instrument recorded in Liber 230, Pg. 345, Liber 230, Pg. 489, Liber 230, Pg. 532, Liber 415, Pg. 339, Liber 498, Pg. 127, and Liber 498, Pg. 129, Livingston County Records. Further subject to all other easements and restrictions of record and governmental limitations.
ARTICLE III
DEFINITIONS
Certain terms are utilized not only in this Master Deed and Exhibits "A", "B" and "C" hereto, but are or may be used in various other instruments such as by way of example and not by way of limitation, the Articles of Incorporation and Rules and Regulations of the HOMETOWN VILLAGE OF MARION ASSOCIATION, a Michigan non-profit corporation and deeds, mortgages, liens, land contracts, easements and other instruments affecting the establishment of or transfer of interest in HOMETOWN VILLAGE OF MARION as a Condominium. Wherever used in such documents or any other pertinent instruments, the terms set forth below shall be defined as follows:
The "Act" means the Michigan Condominium Act, being Act 59 of the Public Acts of 1978, as amended.
"Association" means Hometown Village of Marion Association, which is the non-profit corporation organized under Michigan Law of which all Co-owners shall be members, which corporation shall administer, operate, manage and maintain the Condominium. Any action required 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.
"Board of Directors" or "Board" means the Board of Directors of Hometown Village of Marion Association, the Michigan nonprofit corporation organized to manage, maintain and administer the Condominium.
"Bylaws" means Exhibit "A" attached hereto, being the Bylaws 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. The Bylaws shall also constitute the Corporate Bylaws of the Association as provided for under the Michigan Nonprofit Corporation Act.
"Condominium Unit" or "Unit" each mean a single Unit in HOMETOWN VILLAGE OF MARION as the same is described in Article V, Section 1 hereof and on Exhibit "B" hereto and shall have the same meaning as the term "Condominium Unit" as defined in the Act. All structures and improvements now or hereafter located within the boundaries of a Unit shall be owned in their entirety by the Co-owner of the Unit within which they are located and shall not, unless otherwise expressly provided in the Condominium Documents, constitute Common Elements.
"Condominium Documents" wherever used means and includes this Master Deed and Exhibits "A", "B" and "C" hereto, the Articles of Incorporation, Bylaws and Rules and Regulations, if any, of the Association as all of the same may be amended from time to time.
"Condominium", "Condominium Project", "Project" or "Condominium Premises" means and includes the land described in Article II above as same may be amended from to time to time to include the Area of Future Development as subsequently added to the Project in accordance with Article VIII below and all easement rights appurtenant belonging to HOMETOWN VILLAGE OF MARION as described above.
"Condominium Subdivision Plan" means Exhibit "B" hereto.
"Consolidating Master Deed" means the final Amended Master Deed which shall describe HOMETOWN VILLAGE OF MARION as a completed Condominium Project and shall reflect the entire land area in the Condominium Project. Such Consolidating Master Deed, if and when recorded in the Office of the Livingston County Register of Deeds, shall supersede the previously recorded Master Deed for the Condominium and all amendments thereto.
"Construction and Sales Period" means the period commencing with the recording of the Master Deed and continuing as long as the Developer owns, or has the right to purchase, any Unit which it offers for sale or as long as there remains any residence to be constructed, whichever last occurs.
"Co-owner" means a person, firm, corporation, partnership, association, trust or other legal entity or any combination thereof who, or which, owns one or more Units in the Condominium. The term "Owner" wherever used will be synonymous with the term "Co-owner".
"Developer" means DELCOR HOMES - HOMETOWN VILLAGE OF MARION, LTD., a Michigan corporation which has made and executed this Master Deed and its successors and assigns. Both successors and assigns shall always be deemed to be included within the term "Developer" whenever, however, and wherever such terms are used in the Condominium Documents.
"First Annual Meeting" means the initial meeting at which nonDeveloper Co-owners are permitted to vote for the election of all directors and upon all other matters which may properly be brought before the meeting. Such meeting is to be held (a) in the Developer's sole discretion after fifty (50%) percent of the Units which may be created are sold, or (b) mandatorily within (i) 54 months from the date of the first Unit conveyance, or (ii) 120 days after seventy-five (75%) percent of all Units which may be created are sold, whichever first occurs.
"Transitional Control Date" means the date on which a Board of Directors of the Association takes office pursuant to an election in which the votes which may be cast by eligible Co-owners unaffiliated with the Developer exceed the votes which may be cast by the Developer.
Other terms which may be utilized in the Condominium Documents and which are not defined above shall have the meanings as provided in the Act.
Whenever any reference herein 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 herein to a singular, a reference shall also be included to the plural where the same would be appropriate.
ARTICLE IV
COMMON ELEMENTS
The Common Elements of the Condominium described in Exhibit "B" attached hereto and the respective responsibilities for maintenance, decoration, repair or replacement thereof are as follows:
4. The General Common Elements are:
-
1. Land. The land described in Article II hereof, other than portions thereof identified as Units.
2. Electrical. The electrical transmission lines throughout the Project up to the point of lateral connection for Unit service, together with common lighting for the Project, if any is installed.
3. Cable Television. The cable television system (if installed) throughout the Project up to the point of lateral connection for Unit service.
4. Telephone. The telephone system throughout the Project up to the point of lateral connection for Unit service.
5. Gas. The gas distribution system throughout the Project up to the point of lateral connection for Unit service.
6. Water. The water distribution system throughout the Project up to the point of lateral connection for Unit service, including sprinkling system fixtures, connections and controls, if any, in the General Common Element areas.
7. Sanitary Sewer. The sanitary sewer system throughout the Project up to the point of lateral connection for Unit service.
8. Storm Sewer System. The storm sewer swales and ditches, mains, if applicable, leads and catch basins throughout the Project as depicted on the Condominium Subdivision Plan together with any detention area depicted as such on the Condominium Subdivision Plan.
9. Site Lighting. The site lighting, including all wiring fixtures, posts and meters throughout the Project up to the perimeter of any Unit.
10. Telecommunications. The telecommunications system, if and when it may be installed, including any security system up to the point of the ancillary connection for Unit service.
11. Roadways. The collector roadways designated on Exhibit "B" which provide access to the Units. 12. Sidewalks. All sidewalks located within the right of way and all other sidewalks designated as General Common Elements on Exhibit "B" hereto.
13. Swimming Pool and Clubhouse. The swimming pool and clubhouse as designated on Exhibit "B" hereto. 14. Entry Boulevard Area. The entry boulevard area and all improvements therein as designated on Exhibit "B" hereto.
15. Wetlands and Open Areas. Wetlands, ponds and open areas designated on Exhibit "B" hereto within the boundaries of the Project, together with all improvements within such open areas and/or ponds including, without limitation, the bell tower, gazebo, tot lots, fountains, and walking trails, if any.
16. Other. Such other elements of the Project not herein designated as Common Elements which are not enclosed within the boundaries of a Unit and which are intended for common use or are necessary to the existence, upkeep and safety of the Project.
Some or all of the utility lines (including mains and service leads) and equipment and the telecommunications system described above may be owned by the local public authority or by the company that is providing the pertinent service. Accordingly, such utility lines, systems and equipment shall be General Common Elements only to the extent of the Co-owners' interest therein, if any, and the Developer makes no warranty whatsoever with respect to the nature or extent of such interest, if any.
5. There are no Limited Common Elements within the Project.
6. Repair Responsibilities: The respective responsibilities for the maintenance,
decoration, repair and replacement of the Common Elements and Units are as follows.
Co-owner Responsibility for Units. It is anticipated that separate residential dwellings will be constructed within the Units depicted on Exhibit "B" hereto. Except as otherwise expressly provided, the responsibility for and the costs of maintenance, decoration, repair and replacement of any dwelling and appurtenance of each dwelling shall be borne by the Co-owner of the Unit which is served thereby. Likewise, each Co-owner shall be responsible for the installation and maintenance of lawn and other landscaping materials within his Unit and in the yard area within the right of way. Each Co-owner shall also be responsible for snow removal for the sidewalk within the right of way.
Association Responsibility for Units Under Certain Circumstances. The Association shall not be responsible for performing any maintenance, repair or replacement with respect to residences and their appurtenances located within the Condominium Units. Nevertheless, in order to provide for flexibility in administering the Condominium, the Association, acting through its Board of Directors, may undertake such regularly reoccurring, reasonably uniform, periodic exterior maintenance functions with respect to Unit improvements, including dwellings constructed within any Unit boundaries as it may deem appropriate (including without limitation, lawn mowing, snow removal, tree trimming and exterior painting). Nothing herein contained, however, shall require the Association to undertake such responsibilities. Any such responsibilities undertaken by the Association shall be charged to any affected Co owner on a reasonably uniform basis and collected in accordance with the assessment procedures established under Article II of the Bylaws. The Developer in the initial maintenance budget for the Association shall be entitled to determine the nature and extent of such services and reasonable rules and regulations may be promulgated in connection therewith.
Specific Obligations of the Association. The Association shall be solely responsible for the establishment of procedures for the protection of the open areas and the wetlands and for the maintenance of wood chip pathways, if any.
General Common Elements. The cost of maintenance, repair and replacement of all other General Common Elements shall be borne by the Association subject to any provision of the Condominium Documents expressly to the contrary.
Use of Units and Common Elements. No Co owner shall use his Unit or the Common Elements in any manner inconsistent with the purposes of the Project or in any manner which will interfere with or impair the rights of any other Co owner in the use and enjoyment of his Unit or the Common Elements.
ARTICLE V
UNIT DESCRIPTION AND PERCENTAGE OF VALUE
1. Description of Units. Each Unit in the Condominium is described in this paragraph with reference to the Condominium Subdivision Plan of HOMETOWN VILLAGE OF MARION as surveyed by KEBS, INC. and attached hereto as Exhibit "B". Each Unit shall consist of the area contained within the Unit boundaries as shown in Exhibit "B" hereto and delineated with heavy outlines, together with all appurtenances thereto.
2. Percentage of Value. The percentage of value assigned to each Unit in HOMETOWN VILLAGE OF MARION shall be equal. The determination that percentages of value should be equal was made after reviewing the comparative characteristics of each Unit in the Project and concluding that there are not material differences among the Units insofar as the allocation of percentages of value is concerned. The percentage of value assigned to each Unit shall be determinative of each Co owner's respective share of the Common Elements of the Condominium Project, the proportionate share of each respective Co owner in the proceeds and the expenses of administration and the value of such Co owner's vote at meetings of the Association. The total value of the Project is 100%.
ARTICLE VI
SUBDIVISION, CONSOLIDATION AND
OTHER MODIFICATION OF UNITS
Notwithstanding any other provision of the Master Deed or the Bylaws, Units in the Condominium may be subdivided, consolidated, modified and the boundaries relocated in accordance with Sections 48 and 49 of the Act and this Article; such changes in the affected Unit or Units shall be promptly reflected in a duly recorded amendment or amendments to this Master Deed.
1. BY THE DEVELOPER
The Developer reserves the sole right during the Construction and Sales Period and without the consent of any other Co-owner or any mortgagee of any Unit to take the following action:
A. Consolidate Units; Relocate Unit Boundaries. To consolidate under single ownership two or more Units which are located adjacent to one another and to relocate the boundaries of Units. Such action shall be given effect by an appropriate amendment or amendments to this Master Deed in the manner provided by law, which amendment or amendments shall be prepared by and at the sole discretion of the Developer, its successors or assigns and subject to prior approval of Marion Township.
B. Amendment to Effectuate Modifications. Any such amendment or amendments resulting from the exercise of the rights reserved to the Developer above shall identify the Units involved, and allocate, or reallocate, as the case may be, the percentage of value for the affected Units in order to preserve a total value of 100% for the entire Condominium resulting from such amendment or amendments to the Master Deed. The precise determination of the readjustments in percentage of value shall be within the sole judgment of Developer. Such readjustments, however, shall reflect a continuing reasonable relationship among percentages of value based upon the original method of determining percentages of value for the Project. Such amendment or amendments to the Master Deed shall also contain such further definitions of Common Elements as may be necessary to adequately describe the Units in the Condominium Project as so modified. All of the Co-owners and mortgagees of Units and other persons interested or to become interested in the Project from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments of this Master Deed to effectuate the foregoing and to any proportionate reallocation of percentages of value of Units which Developer or its successors and assigns may determine necessary in conjunction with such amendment or amendments. All such interested persons irrevocably appoint Developer or its successors and assigns as agent and attorney in fact for the purpose of execution of such amendment or amendments to the Master Deed and all other documents necessary to effectuate the foregoing. Such amendments may be effected without the necessity of re-recording an entire Master Deed or exhibits hereto.
BY CO-OWNERS
One or more Co-owners may undertake consolidation of Units or relocation of boundaries. Co-owners of adjoining Units may, subject to the prior approval of Marion Township, relocate boundaries between their Units or eliminate boundaries between two or more Units upon written request to the Association in accordance with Section 48 of the Act.
Upon receipt of such request, the President of the Association shall cause to be prepared an amendment to the Master Deed duly relocating the boundaries, identifying the Units involved, reallocating percentages of value and providing for conveyancing between or among the Co-owners involved in relocation of the boundaries. The Co-owners requesting relocation of boundaries shall bear all costs of such amendment. Such relocation or elimination of boundaries shall not become effective, however, until the amendment to the Master Deed has been recorded in the office of the Livingston County Register of Deeds.
ARTICLE VII
CONVERTIBLE AREAS
1. Convertible Areas. The Common Elements and all unsold Units have been designated on the Condominium Subdivision Plan as Convertible Areas within which the Units and Common Elements may be modified and within which Units may be expanded, moved, deleted and created as provided in this Article VII. The Developer reserves the right, but not an obligation, to convert the Convertible Areas.
2. Reservation of Right to Convert Convertible Areas. The Developer reserves the right, in its sole discretion, during a period ending six (6) years from the date of recording this Master Deed, to modify the size, location and configuration of any Unit that it owns in the Condominium, and to make corresponding changes to the Common Elements; provided, however, that the written consent of the Township of Marion is first obtained for the converting of Convertible Areas. The changes could include (by way of illustration and not limitation), the deletion of Units from the Condominium and the substitution of General Common Elements therefor.
3. Residential Use Restriction. All improvements constructed or installed within the Convertible Areas described above shall be restricted exclusively to single family residential use and to such Common Elements as are compatible with single family residential use. There are no other restrictions upon such improvements except those which are imposed by state law, local ordinances or building authorities; provided, however, that the percentage of open space in the Condominium as required by the Township of Marion is maintained at all times.
4. Compatibility of Structures. The extent to which any structure erected on any portion of the Convertible Areas is compatible with structures included in the original Master Deed is not limited by this Master Deed, but lies solely within the discretion of the Developer, subject only to the requirements of local ordinances, building authorities and the Planned Unit Development Agreement (Exhibit "C" hereto).
5. Consent of Interested Persons. The consent of any Co-owner shall not be required to convert the Convertible Areas. All of the Co-owners and mortgagees of Units and other persons interested or to become interested in the Condominium from time to time shall be deemed to have irrevocably and unanimously consented to such conversion of the Convertible Areas and any amendment to this Master Deed to effectuate the conversion and to any reallocation of percentages of value of existing Units which Developer may determine necessary in connection with such amendment or amendments. All such interested persons irrevocably appoint the Developer and its successors and assigns, as agent and attorney for the purpose of execution of such amendment or amendments to the Master Deed and all other documents necessary to effectuate the foregoing. Such amendments may be effected without the necessity of re-recording the entire Master Deed or the Exhibits hereto and may incorporate by reference all or any pertinent portions of this Master Deed and the Exhibits hereto. Nothing herein contained, however, shall in any way obligate Developer to convert the Convertible Areas. These provisions give notice to all Co-owners, mortgagees and other persons acquiring an interest in the Condominium that such amendments of this Master Deed may be made and recorded, and no further notice of such amendment shall be required.
6. Amendments to Master Deed. All modifications to Units and Common Elements made pursuant to this Article VII shall be given effect by appropriate amendment to this Master Deed in the manner provided by law, which amendments shall be prepared by and at the discretion of the Developer, and in which the percentages of value set forth in Article V hereof shall be proportionately readjusted, in order to preserve a total value of 100% for the entire Condominium resulting from such amendments to this Master Deed and preserving equal percentages of value for each Unit. Such amendments to the Master Deed shall also contain such further definitions and redefinitions of Common Elements as may be necessary to adequately describe and service the Units and Common Elements being modified by such amendment. In connection with any such amendment, Developer shall have the right to change the nature of any Common Element previously included in the Condominium for any purpose reasonably necessary to achieve the purposes of this Article VII.
7. Consolidating Master Deed. In the event that certain, or all, of the Convertible Areas are converted by Developer pursuant to this Article VII, a Consolidating Master Deed shall be recorded pursuant to the Act when the Condominium is finally concluded as determined by Developer in order to incorporate into one set of instruments all successive stages of development. The Consolidating Master Deed, when recorded, shall supersede the previously recorded Master Deed and all amendments thereto.
ARTICLE VIII
EXPANSION OF CONDOMINIUM
Area of Future Development. The Condominum established pursuant to the initial Master Deed of HOMETOWN VILLAGE OF MARION, and consisiting of 91 Units, is intended to be the first phase of an expandable Condominium under the Act to contain in its entirety a maximum of 267 Units. Additional Units, if any, will be constructed upon all or some portion or portions of the following described land:
A parcel of land in the Northeast 1/4 of Section 11, T2N, R4E, Marion Township, Livingston County, Michigan; the boundary of said parcel described as: Commencing at the Northeast corner of said Section 11; thence S02°53'24"E along the East line of said Section 11 a distance of 1971.92 feet; thence S87°41'26"W 1056.89 feet to the point of beginning of this description; thence S87°41'26"W 497.02 feet; thence N22°37'31"E 247.17 feet; thence Northwesterly 273.48 feet along a curve to the right, said curve having a radius of 440.00 feet, a delta angle of 35°36'42", and a chord of 269.10 feet bearing N49°41'29"W; thence S57°56'59"W 107.96 feet; thence Northwesterly 313.76 feet along a curve to the right, said curve having a radius of 552.00 feet, a delta angle of 32°34'01", and a chord of 309.55 feet bearing N15°48'45"W; thence Northwesterly 319.98 feet along a curve to the left, said curve having a radius of 688.50 feet, a delta angle of 26°37'40", and a chord of 317.10 feet, bearing N10°01'14"W; thence N20°03'21"W 106.42 feet; thence S79°59'30"E 44.92 feet; thence N20°01'37"E 116.86 feet; thence N27°57'02"E 60.22 feet; thence Southeasterly 84.72 feet along a curve to the left, said curve having a radius of 470.00 feet, a delta angle of 10°19'40", and a chord of 84.60 feet bearing S71°44'31"E; thence N13°05'39"E 257.49 feet; thence N88°25'06"E 624.95 feet; thence S19°29'06"W 217.36 feet; thence Northwesterly 15.78 feet along a curve to the right, said curve having a radius of 355.00 feet, a delta angle of 02°32'49", and a chord of 15.78 feet bearing N71°47'19"W; thence S16°56'17"W 168.50 feet; thence Southwesterly 145.85 feet along a curve to the left, said curve having a radius of 186.50 feet, a delta angle of 44°48'26", and a chord of 142.16 feet bearing S84°32'03"W; thence Southwesterly 14.72 feet along a curve to the left, said curve having a radius of 638.50 feet, a delta angle of 01°19'17", and a chord of 14.72 feet bearing S62°47'29"W; thence Southeasterly 333.52 feet along a curve to the left, said curve having a radius of 1242.50 feet, a delta angle of 15°22'47", and a chord of 332.52 feet bearing S10°30'17"E; thence S87°11'06"W 108.50 feet; thence Southeasterly 97.07 feet along a curve to the right, said curve having a radius of 1134.00 feet, a delta angle of 04°54'16", and a chord of 97.04 feet bearing S00°21'24"E; thence Southeasterly 190.61 feet along a curve to the left, said curve having a radius of 105.00 feet, a delta angle of 104°00'34", and a chord of 165.49 feet bearing S49°54'33"E; thence N78°05'09"E 101.48 feet; thence S11°54'51"E 60.00 feet; thence Southeasterly 103.03 feet along a curve to the left, said curve having a radius of 733.00 feet, a delta angle of 08°03'11", and a chord of 102.94 feet bearing S18°17'11"E; thence Southeasterly 140.42 feet along a curve to the right, said curve having a radius of 383.50 feet, a delta angle of 20°58'44", and a chord of 139.64 feet bearing S11°49'24"E; thence S02°18'34"E 60.00 feet; thence N87°41'26"E 27.73 feet; thence S02°18'35"E 183.52 feet to the point of beginning; said parcel containing 17.99 acres more or less (designated as Phase II on Exhibit "B" hereto).
Plus:
A parcel of land in the Northeast 1/4 of Section 11, T2N, R4E, Marion Township, Livingston County, Michigan; the boundary of said parcel described as: Commencing at the Northeast corner of said Section 11; thence S02°53'24"E along the East line of said Section 11 a distance of 1971.92 feet; thence S87°41'26"W 1553.91 feet to the point of beginning of this description; thence S87°41'26"W 971.17 feet to a point on the North-South 1/4 line of said Section 11; thence N03°29'57"W along said North-South 1/4 line a distance of 1450.58 feet; thence N88°25'06"E 932.80 feet; thence S13°05'39"W 257.49 feet; thence Northwesterly 84.72 feet along a curve to the right, said curve having a radius of 470.00 feet, a delta angle of 10°19'40", and a chord of 84.60 feet bearing N71°44'31"W; thence S27°57'02"W 60.22 feet; thence S20°01'37"W 116.86 feet; thence N79°59'30"W 44.92 feet; thence S20°03'21"E 106.42 feet; thence Southeasterly 319.98 feet along a curve to the right, said curve having a radius of 688.50 feet, a delta angle of 26°37'40", and a chord of 317.10 feet bearing S10°01'14"E; thence Southeasterly 313.76 feet along a curve to the left, said curve having a radius of 552.00 feet, a delta angle of 32°34'01", and a chord of 309.55 feet bearing S15°48'45"E; thence N57°56'59"E 107.96 feet; thence Southeasterly 273.48 feet along a curve to the left, said curve having a radius of 440.00 feet, a delta angle of 35°36'42", and a chord of 269.10 feet bearing S49°41'29"E; thence S22°37'31"W 247.17 feet to the point of beginning; said parcel containing 27.40 acres more or less (designated as Phase III on Exhibit "B" hereto).
(hereinafter referred to as "Area of Future Development"). The Area of Future Development shall be governed by the Planned Unit Development Agreement (Exhibit "C" hereto) and the final site plan for Hometown Village of Marion as approved by the Township for the Planned Unit Development and as submitted by the Developer. Specifically, and without limitation, the Phases of the Area of Future Development shall be added and developed sequentially in accordance with this Master Deed and the Planned Unit Development Agreement.
Increase in Number of Units. Any other provisions of this Master Deed notwithstanding, the number of Units in the Condominium may, at the option of the Developer, or its successors or assigns, from time to time, within a period ending no later than six years from the date of recording of this Master Deed, be increased by the addition to this Condominium of any portion of the Area of Future Development and the establishment of single family residential Units thereon. The location, nature, appearance, design (interior and exterior) and structural components of all such additional Units and residences constructed thereon shall be determined by Developer in its sole discretion, subject only to approval by the Township of Marion. The percentage of land to be devoted to additional single family residential Units will be in accordance with the Planned Unit Development Agreement (Exhibit "C" hereto) and the final approved site plan for Hometown Village of Marion. One hundred (100%) percent of all additional Units will be devoted to residential use.
Amendment of Master Deed and Modification of Percentages of Value. Such increase in size of this Condominium shall be given effect by an appropriate amendment or amendments to this Master Deed in the manner provided by law, which amendment or amendments shall be prepared by and at the discretion of the Developer or its successors and assigns and in which the percentages of value set forth in Article V hereof shall be proportionately readjusted in order to preserve a total value of 100% for the entire Condominium resulting from such amendment or amendments to this Master Deed and preserving equal percentages of value for each Unit.
Redefinition of Common Elements. Such amendment or amendments to the Master Deed shall also contain such further definitions and redefinitions of Common Elements as may be necessary to adequately describe, serve and provide access to the parcel or parcels being added to the Condominium by such amendment. In connection with any such amendment(s), Developer shall have the right to change the nature of any Common Element previously included in the Condominium for any purpose reasonably necessary to achieve the purposes of this Article, including, but not limited to, the connection of roadways in the Condominium to any roadways that may be located on, or planned for, the Area of Future Development, and to provide access to any Unit that is located on, or planned for the Area of Future Development from the roadways located in the Condominium; provided however, that the percentage of open space in the Condominium as required by the Township of Marion is maintained at all times. Any such definitions and/or redefinitions of Common Elements shall be in accordance with the final site plan for Hometown Village of Marion as approved by the Township.
Consent of Interested Persons. All of the Co-owners and mortgagees of Units and other persons interested or to become interested in the Condominium from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments to this Master Deed to effectuate the foregoing and to any proportionate reallocation of percentages of value of existing Units which Developer or its successors or assigns may determine necessary in conjunction with such amendment or amendments. All such interested persons irrevocably appoint Developer or its successors or assigns as agent and attorney for the purpose of execution of such amendment or amendments to the Master Deed and all other documents necessary to effectuate the foregoing. Such amendment may be effected without the necessity of re-recording the entire Master Deed or the Exhibits hereto and may incorporate by reference all or any pertinent portions of this Master Deed and the Exhibits hereto. These provisions hereby give notice to all persons acquiring an interest in the Condominium that such amendment of the Master Deed may be made and recorded and no further notice of such amendment shall be required.
Consolidating Master Deed. A Consolidating Master Deed shall be recorded pursuant to the Act when the Condominium is finally concluded as determined by the Developer in order to incorporate into one set of instruments all successive stages of development. The Consolidating Master Deed, when recorded, shall supersede the previously recorded Master Deed and all amendments thereto.
ARTICLE IX
EASEMENTS
1. EASEMENT FOR MAINTENANCE OF ENCROACHMENTS AND UTILITIES
There shall be easements to, through and over the land in the Condominium (including all Units and Common Elements) for the continuing maintenance, repair, replacement and enlargement of any General Common Element utilities in the Condominium as depicted on the Condominium Subdivision Plan as the same may be amended from time to time. In the event any portion of a structure located within a Unit encroaches upon another Unit or Common Element due to shifting, settling or moving of a structure, or due to survey errors or construction deviations or changes in ground elevations, reciprocal easements shall exist for the maintenance of such encroachment for so long as such encroachment exists and for maintenance thereof after rebuilding in the event of destruction.
2. RESERVATION OF EASEMENT BY DEVELOPER FOR USE OF ROADS AND WALKWAYS
Developer reserves for the benefit of itself, its successors and assigns, and all future owners of the Area of Future Development described in Article VIII above, or any portion or portions thereof, an easement for the unrestricted use of all roadways and walkways in the Condominium for the purpose of ingress and egress to and from all or any portion of the Area of Future Development. All expenses of maintenance, repair, replacement, and resurfacing of any road or walkway referred to in this Paragraph shall be shared by this Condominium and any developed portions of the Area of Future Development whose closest means of access to a public road is over such road or walkway. The Co-owners of this Condominium shall be responsible from time to time for payment of a proportionate share of said expenses, which share shall be determined by multiplying such expenses times a fraction the numerator of which is the number of dwelling Units in this Condominium, and the denominator of which is comprised of the number of such Units plus all other dwelling Units in the Area of Future Development whose closest means of access to a public road is over such road or walkway.
3. RESERVATION OF RIGHT BY DEVELOPER TO DEDICATE PRIVATE ROADS
Developer reserves the right at any time during the Construction and Sales Period to grant, convey or dedicate any private roadways designated as General Common Elements to the public for purposes of creating public roads.
4. AUTHORITY DESIGNATED TO ASSOCIATION TO GRANT EASEMENTS
The Association acting through its lawfully constituted Board of Directors (including any Board of Directors acting prior to the Transitional Control Date) sha1l be empowered and obligated to grant such easements, licenses, rights of way and rights of entry, under, over and across the Condominium Premises for utility purposes, access purposes or other lawful purposes as may be necessary for the benefit of the Condominium, or for any portion of the Area of Future Development, subject, however, to the approval of the Developer so long as the Construction and Sales Period has not expired.
5. RESERVATION OF EASEMENT BY DEVELOPER FOR SALES FACILITIES
The Developer reserves for the benefit of itself, and its successors and assigns, such easements as may be necessary for access to a sales office on the Condominium Premises and for the continued use of such sales office until all of the Condominium Units have been sold. Accordingly, the Developer and its duly authorized agents, representatives and employees may maintain offices, model Units and other facilities on the Premises and may make such uses of said facilities as are reasonably necessary or desirable to facilitate the sale of the Units in the Project. The Developer shall pay all costs related to any Condominium Units or Common Elements while owned by the Developer and shall restore the facilities to habitable status upon termination of use in accordance with Section 45 of the Act.
6. RESERVATION OF EASEMENT BY DEVELOPER FOR USE OF UTILITY LINES
The Developer also hereby reserves for the benefit of itself, its successors and assigns, and all future owners of the Area of Future Development described in Article VIII above, or any portion or portions thereof, perpetual easements to utilize, tap, tie into, extend and enlarge all utility mains located in the Condominium Premises, including, but not limited to, telephone, electric, water, gas, cable television, video text, broad band cable, satellite dish, earth antenna and other telecommunication systems, and storm and sanitary sewer mains. In the event that the Developer, its successors or assigns, utilities, taps, ties into, extends or enlarges any utilities located on the Condominium Premises, it shall be obligated to pay all of the expenses reasonably necessary to restore the Condominium Premises to their state immediately prior to such utilization, tapping, tying in, extension or enlargement. All expenses of maintenance, upkeep, repair and replacement of the utility mains described in this Paragraph shall be shared by this Condominium and any developed portions of the Area of Future Development who benefit from such utility mains. The Co-owners of this Condominium shall be responsible from time to time for payment of a proportionate share of said expenses, which share shall be determined by multiplying said expenses times a fraction, the numerator of which is the number of dwelling Units in this Condominium, and the denominator of which is comprised of the number of such Units plus all other dwelling Units in the Area of Future Development which benefit from such utility mains; provided, however, that the forgoing expenses are to be paid and shared only if such expenses are not borne by a governmental agency or public utility; provided, further, that the expense sharing shall be applicable only to utility mains, and all expenses of maintenance, upkeep, repair and replacement of utility leads shall be borne by the Association or the individual Co-owners, as the case may be, to the extent that such leads are located in the Condominium and by the owner or owners or an association of owners, as the case may be, of the Area of Future Development, or portion thereof, upon which are located the dwelling Units which such lead or leads service. Developer also hereby reserves for the benefit of itself, its successors and assigns, a perpetual easement to modify the landscaping and/or grade on any portion of the Condominium Premises in order to preserve or to facilitate surface drainage in a portion or all of the Area of Future Development. The Developer, its successors and assigns shall bear all costs of such modifications. Any such modifications to the landscaping and/or grade in the Condominium Premises under the provision of this Paragraph shall not impair the surface drainage in this Condominium.
7. RESERVATION OF RIGHTS BY DEVELOPER TO DEDICATE UTILITY LINES TO APPROPRIATE GOVERNMENTAL AGENCIES
Developer reserves the right at any time during the Construction and Sales Period to grant easements for utilities over, under and across the Condominium to appropriate governmental agencies or public utility companies and to transfer title of the utilities to governmental agencies or to utility companies. The Developer shall dedicate the General Common Element water and sanitary sewer infrastructure described in Article IV - 1F and Article IV - 1G, respectively to the Township of Marion, or its designee, prior to the expiration of the Construction and Sales Period. Any such easement or transfer of title may be conveyed by the Developer without the consent of any Co-owner, mortgagee or other person and shall be evidenced by an appropriate amendment to this Master Deed and to Exhibit "B" hereto as recorded in the Livingston County Register of Deeds. All of the Co owners and mortgagees of Units and other persons interested or to become interested in the Project from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments of this Master Deed as may be required to effectuate the foregoing grant of easements or transfer of title.
8. ESTABLISHMENT OF EASEMENTS FOR DEVELOPER, ASSOCIATION AND THE UTILITIES FOR MAINTENANCE AND REPAIR
The Developer, the Association and all public or private utilities shall have such easements over, under, across and through the Condominium Premises, including all Units and Common Elements, as may be necessary to fulfill any responsibilities for maintenance, repair or replacement which they or any of them are required or permitted to perform under the Condominium Documents or by law. These easements include, without any implication of limitation, the right of the Association to obtain access during reasonable hours and upon reasonable notice to water meters, sprinkler control valves, sump pumps and other Common Elements, if any, located within any individual Condominium Unit.
9. RECIPROCAL EASEMENTS FOR UTILIZATION OF ROADWAYS, WALKWAYS, WALKING PATHS, TRAILS, AND UTILITIES
To the extent not referenced above in this Article, there shall exist reciprocal easements for the benefit of the Co-owners of this Condominium and for the benefit of the owner or owners of the Area of Future Development for utilization of the roadways, walkways, walking paths, trails and utility mains in the Area of Future Development, and in this Condominium, respectively.
10. TELECOMMUNICATIONS AGREEMENTS
The Association, acting through its duly constituted Board of Directors (including but not limited to any Board of Directors acting prior to the Transitional Control Date), and subject to the Developer's approval during the Construction and Sales Period, shall have the power to grant such easements, licenses and other rights of entry, use and access and to enter into any contract or agreement, including wiring agreements, utility agreements, rights-of-way agreements, access agreements, and multi unit agreements, and to the extent allowed by law, contracts for sharing of any installation or periodic subscriber service fees as may be necessary, convenient or desirable to provide for telecommunications, video text, broad band cable, satellite disk, earth antenna and similar services (collectively "Telecommunications") to the Project or any Unit therein. Notwithstanding the foregoing, in no event shall the Board of Directors enter into any contract or agreement or grant any easement, license or right of entry or do any other act or thing which will violate any provision of any federal, state or local law or ordinance. Any and all sums paid by any telecommunications or other company or entity in connection with such service, including fees, if any, for the privilege of installing same or sharing periodic subscriber service fees, shall be receipts affecting the administration of the Condominium Project within the meaning of the Act and shall be paid over to and shall be the property of the Association.
11. HOMETOWN VILLAGE OF MARION DRAIN DRAINAGE DISTRICT
Attached as Exhibit "D" is an Agreement establishing the Hometown Village Drain Drainage District, pursuant to Section 433 of Act No. 40 of the Public Acts of 1956, as amended ("433 Agreement"). A copy of the 433 Agreement is recorded in the Livingston County Register of Deeds at Liber 2765 Pages 731-736.
Those portions of the storm sewer drainage facilities not established as a county drain under the 433 Agreement are not under the jurisdiction of the Drainage District or the Livingston County Drain Commissioner, and any maintenance and improvement of these facilities are the responsibility of the Association as provided in this Master Deed and in the Bylaws (Exhibit "A" to the Master Deed").;
Easements. There shall exist easements over all Units and Common Elements for purposes of construction, maintenance and improvement of storm water drainage as designated in the 433 Agreement. The easements are granted in favor of the Hometown Village of Marion Drain Drainage District ("Grantee"). The Drainage District shall have the right to sell, assign, transfer or convey this easement to any other governmental unit. The Livingston County Drain Commissioner, and his agents, contractors and designated representatives shall have the right of entry on, and to gain access to, the easement property.
No Unit owner shall disturb the grade or otherwise modify the areas within the easements in any way inconsistent with the Drain. No Unit owner shall install, maintain, repair or replace landscaping materials located within the Drain easement areas lying within such owner's Unit in any way inconsistent with the use by the Drainage District. All Unit owners shall release Grantee and its successors, assigns or transferees from any and all claims to damages in any way arising from or incidental to the construction and maintenance of the Drain, or otherwise arising from or incidental to the exercise by the Drainage District of its rights under said easements, and all Unit owners covenant not to sue the Drainage District for any such damages.
Assessments for Hometown Village of Marion Drain. All costs relating to the maintenance and improvement of the Hometown Village of Marion Drain shall be borne by the Drainage District and assessed to the Unit owners pursuant to Act No. 40 of the Public Acts of 1956, as amended.
12. PEDESTRIAN EASEMENT ON WALKING PATHS AND TRAILS.
There may exist pedestrian easements on walking paths and trails which may burden and/or affect certain Condominium Units. No buildings or structures shall be placed, nor modifications made, within these easement areas. These easement areas shall be reserved for pedestrian traffic and shall be for the benefit of all Co-owners in the Condominium. The Association shall have the responsibility for maintaining, repairing and/or replacing these walking paths and trails to keep them in the condition as approved by the Township in the Final Site Plan. There shall be easements for the installation, repair and maintenance of utility lines under these walking paths and trails as described in this Article.
13. EASEMENT FOR EMERGENCY SERVICES
There shall exist for the benefit of the Township of Marion or any emergency service agency, an easement over all roads in the Condominium for use by the Township and/or emergency vehicles. Said easement shall be for purposes of ingress and egress to provide, without limitation, fire and police protection, ambulance and rescue services and other lawful governmental or private emergency services to the Condominium and the Co-owners thereof. This grant of easement shall not be construed as a dedication of any streets, roads or driveways to the public.
14. EASEMENT FOR PUBLIC WATER SUPPLY AND SANITARY SEWER
There shall exist for the benefit of the Township of Marion and any governmental body to which its rights herein may be subsequently assigned, an easement over, under and across the Condominium Premises for the construction, installation, operation, repair and maintenance of public water supply and/or sewer mains, leads and/or other appurtenances for water supply or for waste water disposal service purposes or other utilities and for the extension and tying in of the Township's water and sewer lines to existing lines. Without limitation of the foregoing, the Township of Marion and any governmental body to which its rights herein may be subsequently assigned, shall have such easements for water and sewer lines, and other utilities, as are depicted on Exhibit "B" hereto as same may be amended from time to time, including a forty (40') foot wide easement to Peavy Road between proposed Units 197 and 198 in the Area of Future Development as depicted on the approved site plan for Hometown Village of Marion.
15. REPAIRS AND MAINTENANCE OF PRIVATE ROADS
There shall be no public funds of Marion Township used to build, repair or maintain the private roads located upon the Condominium Premises; however, in the event that necessary repairs and maintenance of any such private roads are not made, the Township Board, may, pursuant to the terms and provisions of its ordinances, cause such roads to be brought up to established Livingston County Road Commission standards for public roads and may assess the Condominium Association and its membership of Co-owners for the improvements required to be made, together with the costs of administration of the work to bring about the improvements, such administrative fee being, at the time of the making of this Master Deed, twenty-five (25%) percent of the total cost of improvements.
16. UNOBSTRUCTED INGRESS AND EGRESS
No Co-owner shall prohibit, restrict, limit or in any manner interfere with normal ingress and egress or use by any other Co-owner of any of the roads located upon the Condominium Premises. Normal ingress and egress and use shall include use by family, guests, invitees, vendors, tradesmen, delivery persons and others bound to or returning from any Unit or the Area of Future Development and having a need to use the road.
17. EASEMENTS DEPICTED ON EXHIBIT "B"
To the extent not referenced above in this Article, the Condominium Project and the individual Units therein are benefited and burdened by those easements as are depicted on and described in the Condominium Subdivision Plan (Exhibit "B" hereto).
18. POWER OF ATTORNEY
All persons acquiring any interest in the Condominium, including, without limitation, all Co-owners and mortgagees, shall be deemed to have appointed the Developer, its successors and assigns, as attorney in fact to exercise the rights reserved in this Article to grant easements and dedicate utilities and roadways. Such exercise by the Developer of the rights reserved in this Article may be exercised without the consent of any Co-owner, mortgagee, or other person. All of the Co-owners and mortgagees of Units and other persons interested or to become interested in the Project from time to time shall be deemed to have irrevocably and unanimously consented to such exercise by the Developer of the rights reserved in this Article to grant easements and dedicate utilities and roadways. After certificates of occupancy are issued for residences in 100% of the Units in the Condominium, the foregoing right and power may be exercised by the Association acting through its Board of Directors.
19. CALCULATION OF PRORATION OF EXPENSES
For purposes of this Article IX, the calculation of any fraction for the sharing of pertinent expenses, according to the number of Units in this Condominium and the number of other dwelling Units referenced in this Article IX, shall include only those Units for which a certificate of occupancy has been issued by the Township of Marion.
ARTICLE X
RESERVATION OF RIGHT TO USE FACILITIES
The Developer, its successors and assigns, agents and employees may maintain such offices, reasonable parking, storage areas and other facilities on the Premises of the Condominium as it deems necessary to facilitate the development and sale of the Project. The Developer shall have such access to, from and over the Project as may be reasonable to enable the development and sale of the individual Condominium Units.
ARTICLE XI
IMPROVEMENTS OR ALTERATIONS TO CONDOMINIUM UNITS
No Co owner shall do anything which would change the exterior appearance of a dwelling or any other portion of the Condominium Project (including, without limitation, changing the exterior color of the residence and/or appurtenant improvements) except by the following procedure:
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A. Application for such alterations or changes shall be made to the Board of Directors of the Association together with sufficient plans, drawings, or renderings as may be necessary to enable the Association to understand and evaluate the proposed changes. Any such proposed alteration or change shall receive Township approval as required and shall be completed in accordance with the applicable Township zoning ordinance.
B. The Board of Directors shall then appoint an Architectural Control Committee for purposes of reviewing the proposal. The members of said Committee need not be members of the Board of Directors but a Director shall not be disqualified from serving on such Committee.
C. The Committee may seek opinions from the Co owners and shall, within a reasonable time prescribed by the Directors, render a recommendation and report to the Board of Directors.
D. The Board of Directors shall thereupon adopt a resolution either granting the permission for such alteration or denying same.
E. In the event that such application for changes is approved by the Board of Directors, it shall be subject to a written undertaking by the Co owner acknowledging that all of the improvements are to be at the Co owner's sole expense; that injury, if any, to the Common Elements will be repaired promptly by the Co owner at his sole expense; that the improvements will be completed by a date to be determined and established by the Board of Directors and that the improvements shall comply with all local and/or national building codes, as applicable.
F. During the Construction and Sales Period, all actions of the Architectural Control Committee pursuant to this Article shall require the specific approval of the Developer.
The Developer is specifically excluded from the provisions of this Article. The Developer specifically reserves to itself the right to alter, change, modify, redesign, or improve any Condominium Unit or improvement constructed within a Condominium Unit through and including such time as a deed has been executed and delivered from the Developer to an individual purchaser.
All proceedings under this Article shall be specifically in accordance with Section 47 of the Act.
ARTICLE XII
CONDEMNATION
Except as may otherwise be provided by statute, in the case of condemnation or substantial loss to the Units and/or Common Elements of the Condominium Project, unless at least 2/3 of the first mortgagees (based upon one vote for each mortgage owned) and owners (other than the Developer) 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 Project;
B. Change the pro rata interest or obligations of any Condominium Unit for purposes of levying assessments or charges, for allocating distributions of hazard insurance proceeds or condemnation awards, or determining the pro rata share of ownership of each Unit in the Common Elements;
C. Partition or subdivide any Condominium Unit;
D. By act or omission seek to abandon, partition, subdivide and 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 of the Condominium Project 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 purposes other than the repair, replacement or reconstruction of such improvements.
ARTICLE XIII AMENDMENT
This Master Deed and the Condominium Subdivision Plan may be amended with the consent of two thirds (2/3) of all Co-owners except as hereinafter set forth.
1. Modification of Units or Common Elements. No Unit dimension may be modified in any material way without the consent of the Co-owner and mortgagee of such Unit, nor may the nature or extent of Limited Common Elements, if any, or the responsibility for maintenance, repair or replacement thereof be modified in any material way without the written consent of the Co-owner and mortgagee of any Unit to which the same are appurtenant, except as otherwise expressly provided in this Master Deed or in the Bylaws to the contrary.
2. Mortgagee Consent. Whenever a proposed amendment would materially alter or change the rights of mortgagees generally, then such amendment shall require the approval of two thirds (2/3) of all first mortgagees of record, allocating one vote for each mortgage held.
3. By Developer. Prior to one year after the expiration of the Construction and Sales Period, the Developer may, without the consent of any Co-owner or any other person, amend this Master Deed and the Condominium Subdivision Plan attached as Exhibit "B" in order to correct survey or other errors made in such documents and to make such other amendments to such instruments as do not, in the Developer's discretion, materially affect any rights of any Co-owner or mortgagee in the Project. The Developer may make such other amendments as may have been reserved to the Developer in other sections of this Master Deed.
4. Change in Percentage of Value. The value of the vote of any Co-owner and the corresponding proportion of common expenses assessed against such Co-owner shall not be modified without the written consent of such Co-owner and his mortgagee, nor shall the percentage of value assigned to any Unit be modified without like consent except as provided in this Master Deed or Bylaws.
5. Termination, Vacation, Revocation or Abandonment. The Condominium Project may not be terminated, vacated, revoked or abandoned without the written consent of 85% of all Co-owners and 85% of the first mortgagees.
6. Developer Approval. During the Construction and Sales Period, this Master Deed shall not be amended without the written consent of the Developer so long as the Developer continues to offer any Unit in the Condominium for sale or for so long as there remains any further possibility of construction of residential dwellings on the land described in Article II hereof.
7. Township Approval. No right reserved herein to Marion Township shall be altered or amended without the Township's formal consent.
8. Procedure for Amendment. A change in the Condominium Project shall be reflected by an amendment to the appropriate Condominium Documents. If a change involves a change in the boundaries of a Condominium Unit or the addition or elimination of Condominium Units, a replat of the Condominium Subdivision Plan shall be prepared and recorded assigning a Condominium Unit number to each Condominium Unit in the amended Project. The foregoing shall conform to the requirements of Section 67 of the Act. The following procedure shall apply to any amendment to the Condominium Documents:
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(a) Notification. Co-owners and mortgagees of record shall be notified of proposed amendments, except as provided above in this Master Deed, not less than ten (10) days before the amendment is recorded.
(b) Responsibility for Payment of Costs of Amendment. The 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 two thirds (2/3) of Co owners and mortgagees or based upon the Advisory Committee's decision, the costs of which shall be expenses of administration.
(c) Nothing contained in this Article shall be deemed to abridge in any way the Developer's right to convert portions of the Convertible Area or to expand the size of this Condominium pursuant to Articles VII and VIII hereof, respectively. Such amendments may be made unilaterally by the Developer without consent of any Co-owners in the Developer's sole discretion.
(d) An amendment to the Master Deed or other recorded Condominium Documents shall not be effective until the amendment is recorded.
(e) A copy of the recorded amendment shall be delivered to each Co-owner of the Project.
ARTICLE XIV ASSIGNMENT
Any or all of the rights and powers granted or reserved to the Developer in the Condominium Documents or by law, including the power to approve or disapprove any act, use or proposed action or any other matter or thing and including the power to prepare and record a Consolidating Master Deed for the Condominium, may be assigned by it to any other entity or to the Association. Any such assignment shall be by appropriate instrument in writing and duly recorded in the office of the Livingston County Register of Deeds.
| WITNESSES: | DELCOR HOMES - HOMETOWN VILLAGE OF MARION, LTD. a Michigan corporation |
| ___________________________ | By:___________________________________ |
| __________________________ | Phillip W. McCafferty Its: President |
STATE OF MICHIGAN}
COUNTY OF OAKLAND}
On this ______ day of ________, 2000, the foregoing Master Deed was acknowledged before me by Phillip W. McCafferty, the President of Delcor Homes - Hometown Village of Marion, Ltd., a Michigan corporation, on behalf of the corporation.
| _________________________________ _________________________, Notary Public ____________________ County, State of Michigan My commission expires: ________________ |
MASTER DEED DRAFTED BY:
SAMUEL K. HODGDON
DELCOR HOMES - HOMETOWN VILLAGE OF MARION, LTD.
P.O. BOX 308
NEW HUDSON, MICHIGAN 48165
WHEN RECORDED, RETURN TO DRAFTER