L: 5244 P: 446 6411175 DMA MASTER DEED · MASTER DEED GRANDVIEW COMMONS THIS MASTER DEED ismade and...
Transcript of L: 5244 P: 446 6411175 DMA MASTER DEED · MASTER DEED GRANDVIEW COMMONS THIS MASTER DEED ismade and...
L: 5244 P: 446 6411175 DMA
02/15/201802:11 PPI Total Pages: 77LaurenceKestenbaum,WashtenawCo
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MASTER DEED
GRANDVIEW COMMONS
THIS MASTER DEED is made and executed on this 14* day of February, 2018, byMMB Equities, LLC, a Michigan limited liabilitycompany, hereinafterreferred to as
"Developer", whose officeislocatedat2830 Baker Road, Suite 100,Dexter,Michigan 48130, in
pursuance of theprovisionsof the Michigan Condominium Act as amended (beingAct 59 of the
PublicActs of 1978, as amended), hereinafterreferredto as the"Act".
WHEREAS, the Developer desires,by recording thisMaster Deed, togetherwith the
Condominium By-Laws attached hereto as Exhibit A and together with the Condominium
Subdivision Plan attached hereto as Exhibit B (both of which are hereby incorporatedbyreferenceand made a parthereof),to establishthe realproperty,togetherwith theimprovementslocatedand to be locatedthereon and the appurtenances thereto,as a condominium under the
provisionsof theAct.
NOW, THEREFORE, the Developer does, upon the recording hereof, establish
Grandview Commons as a condominium under the Act and does declare that Grandview
Commons shall,aftersuch establishment,be held,conveyed, mortgaged, encumbered, leased,
rented,occupied,improved, or in any othermanner utilizedsubjectto the provisionsof the Act
and to the covenants,conditions,restrictions,uses, limitations,and affirmativeobligationsset
forthin thisMaster Deed and Exhibits"A" and "B" hereto,allof which shallbe deemed to run
with the land and shallbe a burden and a benefittotheDeveloper, itssuccessorsand assigns,and
any persons acquiringor owning an interestin the saidrealproperty,theirgrantees,successors,
heirs,personal representatives,and assigns. In furtherance of the establishment of said
Condominium, itisprovided as follows:
WASHTENAW COUNTY TREASURERDateT i
cd ARTICLE ITAX CERTIFICATE NO.6500 105/{)LawrenceKestenbaum
WashtenawCountyClerk/Register TITLE AND NATURE
The Condominium Pro ectshallbe known as Grandview Commons, Washtenaw Count
Condominium SubdivisionPlan No. (0(46 . The engineering,architecturalplans,plannedunitdevelopment, siteand landscape plans forthe Condominium were approved by, and are on
file with, the City of Dexter, Washtenaw County, Michigan and the Developer. The
Condominium isestablishedinaccordance with theAct.
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The buildings and 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 building contains
individualunitsfor residentialpurposes and each unit is capable of individualutilizationon
account of having itsown entrancefrom and exitto Common Elements of the Condominium.
Each co-owner in the Condominium shallhave an exclusiverightto his unit and shall
have undivided and inseparablerightsto share with otherco-owners the Common Elements of
the Condominium as aredesignatedby theMaster Deed.
No co-owner shalluse his condominium unitor the Common Elements in any manner
inconsistentwith thepurposes of theCondominium or in any manner which willinterferewith or
impair therightsof any otherco-owner in the use and enjoyment of hiscondominium unitor the
Common Elements.
The Condominium is being constructed under a Brownfield Plan authorized and
approved forthe Condominium pursuant to the Michigan Public Act 381 of 1996, as amended,
under which certainsite environmental issues are being addressed during constructionin
accordance with an environmental constructionmanagement plan prepared and monitored by
AKT PeerlessEnvironmental. A separatepost development due care plan will guide future
maintenance and constructionactivities.
ARTICLE II
LEGAL DESCRIPTION
A parcelof land being partof the Southeast One-Quarter of Section 6, Town 2 South,
Range 5 East,Cityof Dexter,Washtenaw County, Michigan, being furtherdescribedas:
Commencing atthe South One-Quarter cornerof Section6,Town 2 South,Range5 East, City of Dexter, Washtenaw County, Michigan; thence N88058'03"E
285.06 feetalong the South lineof saidSection6 to the West lineof Baker Road
(99 feetwide); thence N00003'21"W 2289.64 feetalong the West lineof Baker
Road (99 feetwide) to the Point of Beginning; thence N89036'36"W 297.99 feet;
thence SOOol9'30"W 119.25 feet; thence N79059'00"W 1.95 feet; thence
N89019'30"W 212.69 feet; thence S89014'13"W 206.08 feet; thence
N00ol0'23"W 296.19 feet; thence N16043'43"W 38.78 feet; thence
N48054'O9"W 37.61 feet;thence N37037'00"E 73.77 feet;thence S48000'22"E
305.51 feet;thence N42001'00"E 80.26 feet;thence S47059'00"E 25.67 feet;
thence N42001'00"E 205.93 feet; thence S47059'00"E 9.37 feet; thence
N42001'00'E 79.50 feetto the South lineof Grand Street(99 feetwide); thence
S47059'00"E 291.64 feetalong the South lineof Grand Street(99 feetwide) to
the West line of Baker Road (99 feetwide); thence S00003'21"E 147.99 feet
along the West lineof Baker Road (99 feetwide) to the Point of Beginning,
containing4.76 acres,more or less.
4845-7046-8I60.2
ARTICLE III
DEFINITIONS
Certainterms areutilizednot only in thisMaster Deed and Exhibits"A" and 'B" hereto,
but are or may be used in various other instrumentssuch as,by way of example and not in
limitation,the Articlesof Incorporation,Bylaws, and Rules and Regulations of Grandview
Commons Condominium Association,a Michigan non-profitcorporation,and deeds,mortgages,
liens,land contracts,easements, and other instrumentsaffectingthe establishmentof or transfer
of interestsin Grandview Commons. Wherever used in such documents or any other pertinent
instruments,theterms setforthbelow shallbe definedas follows:
(1) The "Act" means the Michigan Condominium Act, being Act 59 of the Public
Acts of 1978, as amended.
(2) "Association"means Grandview Commons Condominium Association,the non-
profitcorporationorganized under Michigan law of which allco-owners shallbe members,
which corporationshalladminister,operate,manage, and maintain the Condominium. Any
actionrequiredof or permitted to the Associationshallbe exercisableby itsBoard of Directors
unless specificallyreserved to itsmembers by the Condominium Documents or the laws of the
Stateof Michigan.
(3) "Bylaws" means the corporate By-Laws of the Grandview Commons
Condominium Association,the Michigan non-profitcorporationorganized to manage, maintain,
and administertheCondominium.
(4) "City" means the City of Dexter, locatedin Washtenaw County, Michigan, its
successors,assignsand transferees.
(5) "Common Elements", where used without modification,shallmean the General
Common Elements and Limited Common Elements describedinArticleIV hereof.
(6) "Condominium" means Grandview Commons establishedin conformity with the
provision of the Act and includes the land, allimprovements and structuresthereon,and all
easements,rightsand appurtenancesbelonging to Grandview Commons as describedabove.
(7) "Condominium By-Laws" means Exhibit"A" hereto,being the By-Laws settingforththe substantiverightsand obligationof the co-owners requiredby Section 3 (8)of the Act
tobe recorded aspartof the Master Deed.
(8) "Condominium Documents" wherever used means and includesthisMaster Deed
and Exhibits"A" and "B" hereto,the Articlesof Incorporation,the By-Laws, and the Rules and
Regulations,ifany,of theAssociation.
(9) "Condominium SubdivisionPlan" means Exhibit"B" hereto.
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(10) "ConsolidatingMaster Deed" means the finalamended Master Deed which shall
describeGrandview Commons as a Condominium and shallreflectthe entireland area,ifany,
added to the Condominium from time to time under ArticleIX and allunits and Common
Elements therein,and which shallexpress percentagesof value pertinentto each unitas finally
readjusted,ifnecessary. Such ConsolidatingMaster Deed, ifand when recorded inthe Officeof
the Washtenaw County Registerof Deeds, shallsupersede the previouslyrecorded Master Deed
and allamendments thereto,for Grandview Commons, but untilsuch time, the terms of this
Master Deed, as itmay be amended, shallcontrol.In the event the unitsand Common Elements
in the Condominium are constructed in substantial conformance with the proposed
Condominium SubdivisionPlan attachedas ExhibitB totheMaster Deed, theDeveloper shallbe
able to satisfythe foregoing obligationby filinga certificatein the Office of the Washtenaw
County Register of Deeds confirming thatthe units and Common Elements "as built"are in
substantialconformity with the proposed Condominium SubdivisionPlan and no Consolidating
Master Deed need be recorded.
(11) "Construction and Sales Period" means, for the purposes of the Condominium
Documents and therightsreservedto theDeveloper thereunder,theperiod commencing with the
recordingof the Master Deed and continuingas long as the Developer owns any unitwhich it
offersforsale.
(12) "Co-owner" means a person,firm,corporation,partnership,association,trust,or
other legal entityor any combination thereof who or which owns one or more units in the
Condominium. The term "owner", wherever used, shallbe synonymous with the term "co-
owner". "Co-owner" shallalsoincludea land contractvendee, and both theland contractvendor
and vendee shallhave jointand severalresponsibilitiesforassessmentsby theAssociation.
(13) "Developer" means MMB Equities,LLC, a Michigan limitedliabilitycompany,
which has made and executed thisMaster Deed, and itssuccessorsand assigns.
(14) "Development Agreement" means the Planned Unit Development Agreement
between the City and Developer dated February 14,2018.
(15) "Firstannual meeting" means the initialmeeting at which non-developer co-
owners are permittedto vote for the electionof allDirectorsand upon allothermatters which
properlymay be brought before the meeting. Such meeting (i)may be held at any time,in the
Developer's solediscretion,afterfiftypercent(50%) of the unitswhich may be createdaresold,
and (ii)must be held within (a)54 months from the date of the firstunitconveyance, or (b) 120
days afterseventy-fivepercent (75%) of allunits which may be created are sold,whichever
occurs first.The maximum number of unitsthatmay be added to the Condominium pursuantto
ArticleIX hereof shallbe included in the calculationof the number of unitswhich may be
created.
(16) "Mortgagee" means the individual,financialinstitution,corporation,partnership,
or otherentityholding a firstmortgage lienon an individualunitinGrandview Commons.
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(17) "Transitionalcontroldate" means the date on which a Board of Directorsof the
Associationtakesofficepursuantto an electioninwhich thevotes which may be castby eligible
co-owners unaffiliatedwith theDeveloper exceed thevoteswhich may be castby theDeveloper.
(18) "Unit" means the space constitutinga single complete condominium unit in
Grandview Commons, as describedin ArticleV hereof and in Exhibit"B" hereto,and shallhave
the same meaning as "condominium unit"as defined in the Act. The term "condominium unit"
whenever used hereinshallbe synonymous with the term "unit".
(19) Whenever any referenceherein ismade to one gender, the same shallinclude a
referenceto any and allgenders where the same would be appropriate;similarly,whenever a
referenceismade hereinto thesingular,a referenceshallalsobe includedto thepluralwhere the
same would be appropriate.
ARTICLE IV
COMMON ELEMENTSII
The Common Elements of the Condominium described in Exhibit "B" attachedhereto
and the respectiveresponsibilitiesfor the maintenance, repair or replacement thereof are as
follows:
(1) The General Common Elements are:
a. The land described in Article II hereof, including driveways, roads,
sidewalks,landscaped areas,and parking spaces not designated as Limited Common
Elements which may be assignedby the Developer or the Associationforuse by specific
unitsifovercrowding occurs.
b. The electricalwiring network throughout the Condominium up to,but not
including,the electricmeter foreach unit.
c. The naturalgas linenetwork throughout the Condominium up to,but not
including,the gas meter foreach unit.
d. The telephone,telecommunication and televisionwiring networks, and
internetaccess,throughout the Condominium up to,but not including,connections to
provide serviceto individualunits.
e. The plumbing network throughout the Condominium, including that
contained within unit walls up to, but not including,the point of connection with
plumbing fixtureswithinany unit.
f. The water distributionsystem, sanitarysewer system and storm drainage
system throughout the Condominium.
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g. The foundations,supporting columns, unit perimeter walls (including
windows, doors and heating ducts therein),roofs,ceilings,floorconstructionbetween
unitlevels,basement and garage floors.
h. The firesuppression systems, if any, installedby the Developer and
locatedwithinthe Condominium, includingthosecontainedwithintheunitwalls. Smoke
detectorsare not included or intended to be part of as any firesuppressionsystem for
purposes hereof.
i. Such otherelements of the Condominium not hereindesignatedas General
Common Elements or Limited Common Elements which are not enclosed within the
boundaries of a unit and which are intended for common use or necessary to the
existence,upkeep and safetyof the Condominium.
j. Easements for allof the aforementioned utilitysystems thatare provided
by or forthe benefitof thirdpartiesare hereby dedicatedto them forthatpurpose in the
locationsas setforthinExhibit"B" hereto.
Some or allof the utilitylines(includingmains and serviceleads)and equipment describedin
ArticleVI, paragraphs(1)(b),(c),(d),(e),and (f)may be owned by thelocalmunicipal authority
or by the company thatisprovidingthe pertinentutilityservice.Accordingly, such utilitylines
and equipment shallbe General Common Elements only to the extentof the co-owners' interest
therein,and the Developer makes no warranty whatever with respectto the natureor extentof
interest,ifany.
(2) The Limited Common Elements are:
a. The uncovered driveway area in frontof each garage included in a unit
shallbe limitedin use to the co-owner of the unitwhich isimmediately adjacentto such
driveway area.
b. Each garage door and itshardware, includinggarage door openers,shall
be limitedinuse to theco-owner of theunitservicedthereby.
c. Each individualporch in the Condominium isrestrictedin use to the co-
owner oftheunitwhich opens intosuch porch,as shown on Exhibit"B" hereto.
d. Each individualpatioor deck in the Condominium isrestrictedin use to
the co-owner of the unitwhich opens intosuch patioor deck as shown on Exhibit"B"
hereto.
e. Each individualexteriorair conditionercompressor and the pad uponwhich itsitsshallbe restrictedinuse tothe co-owner of the unittowhich itisconnected.
f. Each individualbalcony in the Condominium isrestrictedinuse to the co-
owner of theunitwhich opens intosuch balcony as shown on Exhibit"B" hereto.
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g. The interiorsurfacesof unitperimeterwalls (includingwindows and doors
therein),fireplaces,ceilingsand floorscontained within a unit shallbe subjectto the
exclusiveuse and enjoyment of the co-owner of such unit.
(3) The respectiveresponsibilitiesforthe insurance,maintenance, decoration,repair,
and replacement of theCommon Elements areas follows:
a. The cost of insurance, maintenance, repair,and replacement of the
Limited Common Elements describedin ArticleIV, paragraphs 2(b),2(d),2(e) and 2(f)
above shallbe borne by the co-owner of the unit to which such Limited Common
Elements respectivelyappertain;provided, however, that any patio area consisting
primarilyof lawn areashallbe mowed by the Associationand any fencesbetween patios
installedby the Developer or the Associationshallbe maintained,repairedand replaced
by theAssociation.
b. The cost of maintenance, repairand replacement of the doors (including
garage doors),locks, window glass,screens,and that portion of the window frame
attachedto the glass referredto in ArticleIV, paragraph 1(g),due to wear, tear and
deteriorationby the elements,and any otherexpense not normally covered by the hazard
insuranceprovided by the Associationwith regard thereto,such as thedeductibleamount
of the insurance coverage, shallbe borne by the co-owner of the unit in which such
General Common Elements arelocated.
c. The cost of insurance,maintenance, repair,and replacement of allother
General Common Elements and Limited Common Elements described above shallbe
borne by the Associationunlesssuch maintenance, repairand replacement isnecessitated
by co-owner fault(which shallincludeactionsby guests,agents,invitees,tenants,family
members, or pets),inwhich case the co-owner atfaultshallbear such costsas exceed any
insuranceproceeds, includingany deductibleamount. The cost of decoration(but not
repairor replacement except in cases of co-owner fault)of allsurfacesreferredto in
ArticleIV, paragraph 2(g) shallbe borne by the co-owner of each unitto which such
surfacesareappurtenant.
d. The costof maintaining,repairingand replacingthe water heater,garagedoor opener, internalunit plumbing, individualbasement sump pumps, dishwasher,
refrigerator,stove,oven, garbage disposal,internalheating fixtures,air conditioning
equipment, lightingfixtures,and other items servicing a unit that are not General
Common Elements, whether or not they are within theunitthey service,shallbe the sole
responsibilityof theco-owner whose unitisservicedby such items.
e. The individualco-owners shallbe responsibleforthe costand installation
of bulbs within the lightfixturesatthe frontand back of theirrespectiveunits,although
thefixturesthemselves shallbe maintained by theAssociation.
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f. In the event a co-owner failsto maintain,decorate,repairor replaceany
items for which he is responsible,the Association (and/or the Developer during the
Construction and Sales Period) shallhave the right,but not the obligation,to take
whatever actionor actionsitdeems desirableto so maintain,decorate,repairor replace
any of such Common Elements, allatthe expense of the co-owner of theunit.Except in
thecaseof an emergency, when no advance noticeshallbe required,theAssociationshall
give the defaultingco-owner ten (10) days' advance writtennotice of the work to be
performed, and a grace periodof thirty(30)days thereafterto complete thework, priorto
the Associationundertaking any of the work itself.Failureof the Association (or the
Developer) to take any such actionshallnot be deemed a waiver of theAssociation's(or
the Developer's)rightto take any such actionat a futuretime. All costsincurredby the
Association or the Developer in performing any responsibilitiesunder thisArticleIV
which are required,in the firstinstanceto be borne by any co-owner, shallbe assessed
againstsuch co-owner and shallbe due and payable with his monthly assessment next
fallingdue; further,the lien for nonpayment shall attach as in all cases of regular
assessmentsand such assessments may be enforced by the use of allmeans availableto
the Association under the Condominium Documents and by law for the collectionof
regularassessments including,without limitation,legalaction,foreclosureof the lien
securingpayment and impositionof fines.
(4) Untilthe Developer has sold allof the unitsin the Condominium, or no laterthan
six(6)yearsfrom the dateof recordingthisMaster Deed, whichever event firstoccurs,itmay, in
itssolediscretion,(a)modify thedimensions of unsold unitsand theGeneral Common Elements,
by enlargement,combination,divisionor reductionin sizeand (b)make such otheralterationsas
it deems necessary or appropriateto any unsold units or the General Common Elements.
However, no such modificationsor alterationsmay be performed which would unreasonably
impair or diminishthe appearance of the Condominium or the view, privacy or othersignificantattributeor amenity of any unitsoldby Developer which adjoinsor isproximate to themodified
unit.A co-owner's unitdimensions may not be modified without the co-owner's consent. Other
than with regardto previouslysold units,allspace in the Condominium, sinceitisor could be
affectedby such a modification or alteration,is hereby designated as "convertibleareas,"
whether or not so designatedon the Condominium Subdivision Plan attachedhereto as Exhibit
"B." Such space may be converted,in the Developer's solediscretion,intoportionsof a unitor
General Common Elements, or any combination of these,and theresponsibilityformaintenance,
repairand replacement thereformay be assignedby an amendment to thisMaster Deed effected
solelyby Developer without the consent of any other person. No unit alteredor modified in
accordance with the provisionsof thissectionshallbe conveyed untilan amendment to this
Master Deed effectuatingsuch modificationisrecorded. All of theco-owners and mortgagees of
unitsand otherpersons interestedor tobecome interestedin the Condominium from time to time
shallbe deemed to have unanimously consented to such amendment or amendments to this
Master Deed and irrevocablyappoint Developer as agent and attorney for the purpose of
execution of such amendment or amendments to the Master Deed and allother documents
necessaryto effectuatethe foregoing.
(5) Notwithstanding any contraryprovisionsin thisMaster Deed or Bylaws, none of
the perennialsand grasses in the landscape beds within the General Common Elements to be
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installedas shown on Exhibit"B" heretoshallbe removed unless such approval isgiven by the
City.
(6) In additionto the obligationsas setforthabove, from and afterthe Transitional
Control Date, theDeveloper and the Associationshallbe jointlyand severallyliableforany and
allobligationsof theDeveloper arisingout of theDevelopment Agreement.
ARTICLE V
UNIT DESCRIPTION AND PERCENTAGE OF VALUE
(1) Description of Units. Each unit of the Condominium is described in this
paragraph with referenceto the Condominium Subdivision Plan of Grandview Commons, as
surveyed by Metro Consulting Associates and attachedhereto as Exhibit"B". Each unitshall
include: (1) with respectto each unit basement (ifa basement for such unit is indicatedon
Exhibit "B") allthatspace contained within the unpainted surfacesof the basement floorand
walls and theuncovered undersideof the firstfloorjoists,and (2)with respectto theupper floors
of units,allthatspace contained within the interiorfinishedunpainted walls and ceilingsand
from the finishedsubfloor,allas shown on the floorplans and sectionsin Exhibit"B" heretoand
delineatedwith heavy outlines.The dimensions shown on basement plans in Exhibit "B" have
been physicallymeasured by Metro Consulting Associates. In the event thatthe dimensions on
the measured basement plan of any specificunit differfrom the dimensions on the typicalbasement plan forsuch unitshown inExhibit"B," then thetypicalupper plans forsuch unitshall
be deemed to be automaticallychanged for such specificunit in the same manner and to the
same extentas the measured basement plan. The architecturalplans and specificationsfor the
Condominium have been filedwith the City.
(2) Percentage of Value. The percentage of value assignedto each unitin thirty-six
(36)unitcondominium issetforthinsubparagraph 3 below. The percentageof value assignedto
each unit shallbe determinativeof the proportionateshare of each respectiveco-owner in the
Common Elements, proceeds and expenses of administrationand the value of such co-owner's
vote at meetings of the Association. Notwithstanding anything else contained herein to the
contrary,expenses thatarebilledto theAssociationbased on an equal amount foreach unit,such
as cable televisionor management services,shallbe shared equally by allco-owners. The
percentageof value assignedto each unitisbased upon the fractionof the square footageof floor
space contained in said unit (includingbasement and garage space) (as is setforthon Exhibit
"B") to the totalsquare footageof floorspace (includingbasement and garage space)in allunits
inthe Condominium. The totalvalue of the Condominium isone hundred percent(100%). Each
co-owner's percentagevalue issubjectto diminution upon the completion of the fullmaximum
seventy-six(76)unitdevelopment.
(3) Setforthbelow are:
a. Each condominium unit number as it appears on the Condominium
SubdivisionPlan.
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b. The percentageof value assignedto each condominium unit.
Percentage of
Unit Number Value Assigned
1 2.887%
2 3.946%
3 3.946%
4 2.887%
5 2.887%
6 3.946%
7 3.946%
8 2.887%
9 1.688%
10 2.225%
11 1.688%
12 2.223%
13 1.688%
14 2.224%
15 1.688%
16 2.224%
17 1.688%
18 2.225%
19 1.688%
20 2.223%
21 1.688%
22 2.224%
23 1.688%
24 2.224%
25 1.940%
26 2.646%
27 1.940%
28 2.646%
29 4.025%
30 4.025%
31 4.025%
32 4.025%
33 4.025%
34 4.025%
35 4.025%
36 4.025%
TOTAL 100.000%
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ARTICLE VI
RIGHTS OF MORTGAGES
Notwithstanding any otherprovisionin thisMaster Deed or the Condominium By-Laws
or any otherdocuments, the followingprovisionsshallapply and may not be amended or deleted
without the priorwrittenconsent of the holdersof firstmortgages on atleasttwo-thirds(2/3)of
theunitsof record:
(1) A firstmortgagee, at itsrequest,is entitledto written notificationfrom the
Associationof any defaultby the co-owner of such unitin the performance of such co-owner's
obligationsunder the Condominium Documents which isnot cured within sixty(60)days.
(2) Any firstmortgagee who obtainstitleto a unitpursuant to the remedies provided
in the mortgage or foreclosureof the mortgage or deed (or assignment) in lieuof foreclosure
shallbe exempt from any "rightof firstrefusal"containedin the Condominium Documents and
shallbe freeto sellor leasesuch unitwithout regardtoany such provision.
(3) Any firstmortgagee who obtainstitleto a unitpursuantto the remedies providedin the mortgage or foreclosureof the mortgage or deed (or assignment) in lieuof foreclosure
shallnot be liableforsuch unit'sunpaid dues or chargeswhich accruepriorto the acquisitionof
titletosuch unitby themortgagee.
(4) Notwithstanding any provisionof the Condominium Documents to the contrary,
firstmortgagees are entitledto vote on amendments to the Condominium Documents only under
the circumstanceslistedin Section90a of theAct; provided,however, ifthereisnow or hereafter
provisionforadditionto or expansion of the Condominium, then a change in thepro ratainterest
or obligationsof any individualunit for (a)the purpose of levying assessments or charges or
allocatingdistributionsof hazard insuranceproceeds or condemnation awards, or (b)determiningthepro ratashareof ownership of each unitin the Common Elements willbe permittedprovidedthat the provision pursuant to which the Condominium is subjectfor additionor expansion
complies with thefollowinglimitations:
a. co-owners have a minimum percentageundivided interestin the Common
Elements, and a corresponding maximum interestsubjectto diminution to no lessthan
such minimum;
b. the conditions on which any change in such percentage of undivided
interestin Common Elements may take place are fullydescribed in the Master Deed,
together with a descriptionof the real property which will become subject to the
Condominium ifsuch alternativepercentageinterestbecomes effective;and
c. no change in the percentage interestin the Common Elements may be
effectedpursuant to such provisionlaterthan thetime period setforthin Section67(3) of
theAct.
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(5) Each firstmortgagee has the right to examine the books and records of the
Association.
(6) No co-owner, or any other party,shallhave priorityover any rightsof first
mortgagees of condominium unitspursuantto theirmortgages in the case of a distributionto co-
owners of insuranceproceeds or condemnation awards forlossesto or a takingof condominium
unitsand/orCommon Elements.
(7) Any agreement forprofessionalmanagement of the condominium regime or any
othercontractproviding forserviceswhich existsbetween the Associationand theDeveloper or
affiliatesof the Developer is voidable by the Board of Directors of the Association on the
transitionalcontroldate or within ninety (90) days thereafter,and on thirty(30) days' written
noticeany time thereafterwithout cause or payment of a terminationfee.
(8) Notwithstanding anythingprovided hereinabove to the contrary,in the event of a
vote for an amendment to the Condominium Documents, any mortgagee ballotsnot returned
withinninety(90)days of mailing shallbe counted as approval forthe change.
ARTICLE VII
DAMAGE TO CONDOMINIUM
In the eventthe Condominium ispartiallyor totallydamaged or destroyedorpartially
taken by eminent domain, therepair,reconstructionor dispositionof thepropertyshallbe as
provided by the Condominium By-Laws attachedheretoas Exhibit"A".
ARTICLE VIII
EASEMENTS
(1) Easement for Maintenance of Encroachments and Utilities.In the event any
portionof a unitor Common Element encroaches upon anotherunitor Common Element due to
shifting,settlingor moving of a building,or due to survey errorsor constructiondeviations,
reciprocaleasements shallexistforthe maintenance of such encroachment for so long as such
encroachment exists.Easements forthe benefitof the Associationand allco-owners shallalso
existto,through and over thoseportionsof the land,structure,building,improvements, ceilings,
floors,and walls (includinginteriorunit ceilings,floorsand walls) contained thereinfor the
continuingmaintenance, modification,alteration,repair,and replacement of allutilitiesin the
Condominium and for interioraccess to General Common Element basement sump pumps and
water shut-offvalves thatprovide water to the Common Elements. There shallexisteasements
of support with respect to any unit interiorwall which supports a Common Element. The
Developer and/or the Board of Directorsof the Associationmay grant such easements over or
through or dedicate any portion of any General Common Element of the Condominium for
utility,roadway or safetypurposes as may be necessary for the benefitof the Condominium or
forthebenefitof any otherland describedinArticleIX hereof;subject,however, to the approvalof the Developer so long as the Constructionand Sales Period has not expired.Any easement
Page ]124845-7046-8160.2074553\000999
pursuant to thisparagraph thatimpacts a public utilityor public roadway shallbe subjectto
review and approval of the City,which approval shallnot be unreasonably withheld,delayed,or
conditioned.
(2) Easements and Development Rights Retained by Developer.
(a) The Developer reservesfor the benefitof itself,itssuccessorsand assigns,
perpetual easements for the unrestricteduse of all roads, drives, walkways, or other
improvements in the Condominium forthepurposes of ingressand egressto and from allor any
portionof the parceldescribedin ArticleIX or any portion or portionsthereof,and any other
land contiguousto Grandview Commons, whether or not owned by the Developer as of the date
hereof. All expenses of maintenance, repair,replacement, and resurfacing of any such
commonly shared roads,drives,walkways, or other improvements in thisCondominium or on
the land described in Article IX shallbe shared by this Condominium and any developed
portionsof the contiguous land describedin ArticleIX. The co-owners of thisCondominium
shallbe responsiblefrom time to time forpayment of a proportionateshare of saidexpenses for
said commonly shared roads, drives,walkways, or other improvements, which share shallbe
determined by multiplyingsuch expenses times a fraction,and numerator of which isthenumber
of unitsin the Condominium, and the denominator of which iscomprised of thenumber of such
unitsplusallotherequivalentunitson theadjoiningland describedin ArticleIX. The Developeralso reservesthe rightto dedicate,for the use of the public,any drives,roadways, sidewalks,
over and acrossthe Condominium to any state,county or localunitsof government or privateor
publicutilitycompanies. The Developer furtherreservestherightto granteasements or licenses
over,under and acrossthe Condominium to governmental unitsor publicor privateutilitieswith
respecttoutilitiesthatservicethe Condominium or thepremises describedinArticleIX hereof.
(b) The Developer alsohereby reservesforthebenefitof itself,itssuccessors
and assigns,and allfutureowners of the land describedin ArticleIX or any portionor portionsthereofand any other land contiguous to Grandview Commons or to said land in ArticleIX
which may be now owned or hereafteracquired by Developer, perpetualeasements to utilize,
tap,tieinto,extend,and enlargeallutilitymains locatedon the land describedinArticleIIof the
Master Deed, including,but not limitedto electricity,gas, telecommunications,sanitarysewer
and water mains, storm sewer mains, drainage ways or detentionareas;provided,however, that
the effectof such tap-in,tie-in,extension,and enlargement privilegesshallnot unduly burden the
existingutilitylinesas determined by the City. In the event the Developer, itssuccessorsor
assigns,utilizes,taps,tiesinto,extends,or enlargesany utilitieslocatedon the Condominium, it
shallbe obligatedto pay allof the expenses reasonablynecessarytorestorethe Condominium to
as near itsoriginalstateas possible immediately prior to such utilization,tapping,tying-in,
extension,or enlargement. Utilitycompanies and the City furnishingutilityservicessuch as
water, sanitarysewer, storm water, electricity,telephone,television,cable services,gas, and
other similarservicesshallhave access to the Common Elements and the units as may be
reasonablefortheinstallation,repair,maintenance, or replacement of such utilities.
Page [134845-7046-8160.2074553\000999
ARTICLE IX
EXPANSION OF CONDOMINIUM
The Condominium establishedpursuant to the initialMaster Deed of Grandview
Commons and consistingof thirty-six(36)unitsisintendedto be the firstphase of a multi-phase
Condominium to expand and containin itsentiretyseventy-six(76)units.The Developer owns
or is interestedin certainadditionalland in the City of Dexter, Washtenaw County, Michigan,
which additionalland isproximate to the propertyherein submitted to thisMaster Deed, and is
describedas follows:
Expandable Area "A":
A parcelof land being partof the Southeast One-Quarter of Section 6, Town 2
South,Range 5 East,City of Dexter,Washtenaw County, Michigan, being further
describedas: Commencing atthe South One-Quarter cornerof Section6,Town 2
South, Range 5 East, City of Dexter, Washtenaw County, Michigan; thence
N88058'03"E 285.06 feetalong the South lineof saidSection6 tothe West lineof
Baker Road (99 feetwide);thenceN00003'21"W 2289.64 feetalong theWest line
of Baker Road (99 feet wide); thence N89036'36"W 297.99 feet; thence
SOOol9'30"W 119.25 feet;thence N79059'00"W 1.95 feet;thence N89619'30"W
212.69 feet;thence S89014'13"W 206.08 feet;thence NOOol0'23"W 296.19 feet;
thence N16'43'43"W 38.78 feet; thence N48054'O9"W 37.61 feet; thence
N37037'00"E 73.77 feet;thence S48000'22"E 99.25 feettothe Pointof Beginning;thence N42001'00"E 77.85 feet; thence N31o31'31"E 27.46 feet; thence
N42o01'00"E 260.93 feetto the South lineof Grand Street(99 feetwide);thence
S47059'00"E 246.30 feetalong the South line of Grand Street(99 feetwide);thence S42001'00"W 79.50 feet; thence N47059'00"W 9.37 feet; thence
S42001'00"W 205.93 feet;thenceN47059'00"W 25.67 feet;thence S42001'00"W
80.26 feet; thence N48000'22"W 206.26 feet to the Point of Beginning.
Containing 1.95Acres,more or less.
Expandable Area "B":
A parcelof land being partof the Southeast One-Quarter of Section 6, Town 2
South,Range 5 East,City of Dexter,Washtenaw County, Michigan, being further
describedas: Commencing atthe South One-Quarter cornerof Section6,Town 2
South, Range 5 East, City of Dexter, Washtenaw County, Michigan; thence
N88058'03"E 285.06 feetalong the South lineof saidSection6 to theWest lineof
Baker Road (99 feetwide);thenceN00003'21"W 2289.64 feetalong theWest line
of Baker Road (99 feet wide); thence N89036'36"W 297.99 feet; thence
SOOol9'30"W 119.25 feet;thence N79-59'00"W 1.95 feet;thence N89019'30"W
212.69 feet;thence S89014'l3"W 206.08 feet;thence N00010'23"W 296.19 feet;thence N16643'43"W 38.78 feet; thence N48054'O9"W 37.61 feet; thence
N37o37'00"E 73.77 feet to the Point of Beginning; thence continuingN37037'00"E 366.90 feetto the South lineof Grand Street(99 feetwide); thence
S47059'00"E 122.40 feetalong the South line of Grand Street(99 feetwide);
Page ]144845-7046-8160.2074553\000999
thence S42001'00"W 260.93 feet; thence S31031'31"W 27.46 feet; thence
S42001'00"W 77.85 feet;thence N48000'22"W 99.25 feet to the Point of
Beginning. Containing 0.92 Acres,more or less.
Therefore,any otherprovisionsof thisMaster Deed notwithstanding,the number of unitsin the
Condominium may, attheoptionof the Developer or itssuccessorsor assigns,from time totime,
within a period ending no laterthan six (6)years afterthe recordingof the initialMaster Deed,
and thereafterwith the writtenconsent of fiftypercent (50%), or more in number of the co-
owners, be expanded and increasedup to a totalof seventy-six(76)unitsby the additionto the
Condominium, by amendment to the Master Deed, of any portionof the land areareferredto in
ArticleIX hereof and the constructionof condominium unitsthereon. There isno restrictionon
the Developer as to the order in which portionsof saidland may be added to the Condominium.
The nature and appearance of allsuch additionalunitsas may be constructedthereon shallbe
determined by theDeveloper in itssolejudgment. There isno restrictionon the Developer as to
the types or locationsof any improvements or condominium unitsthatmay be made on any
portionsof the additionalland added to the Condominium; provided,however, thatno unitshall
be created within any expandable area that is not restrictedfor residentialuse and shallbe
expresslysubjectto allapplicablerequirementsof the City Zoning Ordinance, the Development
Agreement, and all other applicablestatutes,codes, and ordinances. The Developer may
designateCommon Elements thereinwhich may subsequentlybe assigned as Limited Common
Elements. Such increasein sizeof thisCondominium shallbe given effectby an appropriateamendment or amendments to this Master Deed in the manner provided by law, which
amendment or amendments shallbe prepared by and at the discretionof the Developer or its
successorsor assignsand in which thepercentagesof value setforthin ArticleV hereof shallbe
proportionatelyreadjustedin order to preserve a totalvalue of one hundred percent(100%) for
the entireCondominium resultingfrom such amendment or amendments to thisMaster Deed.
The precisedeterminationof the readjustmentsin percentages of value shallbe within the sole
judgment of the Developer. Such readjustments,however, shallreflecta continuingreasonable
relationshipamong percentagesof value based upon relativesizeand amenitiesof variousunits.
Percentages of value may be rounded off to preserve a constant Condominium value of one
hundred percent(100%). Such amendment or amendments to theMaster Deed shallalsocontain
such furtherdefinitionsof General Common Elements or Limited Common Elements as may be
necessary to adequately describe the additionalsection or sections being added to the
Condominium by such amendment. All of the co-owners and mortgagees of condominium units
and otherpersons interestedor tobecome interestedin the Condominium from time to time shall
be deemed to have irrevocablyand unanimously consented to such amendment or amendments
of this Master Deed to effectuatethe foregoing and to any proportionatereallocationof
percentagesof value of existingunitswhich theDeveloper or itssuccessorsor assignsdetermine
necessary in conjunctionwith such amendment or amendments. All such persons irrevocably
appoint the Developer or itssuccessorsor assignsas agent and attorneyfor the purpose of the
execution of such amendment or amendments to the Master Deed and all other documents
necessary to effectuatethe foregoing. Such amendments may be effectedwithout the necessityof re-recordingan entireMaster Deed or the Exhibitstheretoand may incorporateby reference
all or any pertinentportions of this Master Deed and the Exhibits hereto; PROVIDED,
HOWEVER, thata ConsolidatingMaster Deed, when recorded,shallsupersede allpreviouslyrecorded Master Deeds. Nothing herein contained,however, shallin any way obligatethe
Page |154845-7046-8160.2074553\000999
Developer to enlargethe Condominium beyond the sectionestablishedby thisMaster Deed, and
the Developer may, in itsdiscretion,establishallor a portion of said futuredevelopment as a
rentalproject,a separatecondominium project(orprojects)or any otherform of development,and the Developer furtherreservesthe rightto rentconstructedcondominium unitspriorto sale,
subjecttocompliance with allCityordinances.
Notwithstanding the above, if the Developer has not completed development and
constructionof unitsor improvements in the Condominium, thatare identifiedas "need not be
built,"during a period ending ten (10)years afterthe date of commencement of constructionbythe Developer of the Condominium, the Developer, itssuccessors,or assignshave the rightto
withdraw from theCondominium allundeveloped portionsof the Condominium not identifiedas
"must be built"without the prior consent of any co-owners, mortgagees of units in the
Condominium, or any otherparty having an interestin the Condominium. Ifthe Master Deed
containsprovisionspermittingthe expansion,contraction,or rightsof convertibilityof unitsor
Common Elements in the Condominium, then the time period issix(6)years afterthe date the
Developer exercised its rights with respect to either expansion, contraction,or rights of
convertibility,whichever right was exercised last. The undeveloped portions of the
Condominium withdrawn shallalso automaticallybe granted easements for utilityand access
purposes through the Condominium for the benefit of the undeveloped portions of the
Condominium. If the Developer does not withdraw the undeveloped portions of the
Condominium from the Condominium before expirationof the time periods,thoseundevelopedlands shallremain part of the Condominium as General Common Elements and allrightsto
constructunitsupon thatland shallcease. In such an event,ifitbecomes necessary to adjust
percentagesof value as a resultof fewer unitsexisting,a co-owner or the Associationmay bringan actiontorequirerevisionstothepercentagesof value under Section95 of theAct.
ARTICLE X
FUTURE EASEMENTS, LICENSES AND RIGHTS-OF-WAY
The Association,actingthrough itslawfullyconstitutesBoard of Directors(includinganyBoard of Directorsactingpriortothetransitionalcontroldate)shallbe empowered and obligatedto grantsuch easements, licenses,rights-of-entry,and rights-of-wayover,under and acrossthe
General Common Elements of the Condominium forutilitypurposes,access purposes or other
lawful purposes as may be necessary forthe benefitof the Condominium; subject,however, to
the approval of the Developer during the Constructionand Sales Period. No easement created
under the Condominium Documents may be modified nor may any of the obligationswith
respecttheretobe variedwithout theconsent of each person benefitedthereby.
ARTICLE XI
EMERGENCY VEHICLE AND SERVICE VEHICLE ACCESS EASEMENTS
There shallexistfor the benefitof the Federal government for the purpose of mail
deliveryand the City,or other emergency or public serviceagency or authority,an easement
over allroads in the Condominium foruse by emergency and/or servicevehiclesof the City or
Page (164845-7046-8160.2074553\000999
such agencies. The easement shallbe for purposes of ingressand egress to provide,without
limitation,mail delivery,fireand policeprotection,ambulance and rescue services,school bus
and mail or package delivery,and other lawful governmental or privateemergence or other
reasonable and necessary servicesto the Condominium and co-owners thereof.This grant of
easement shallin no way be constructedas a dedicationof any access drives,drive aislesor
driveways tothepublic.
ARTICLE XII
AMENDMENT OR TERMINATION
Except as provided in preceding paragraphs as setforthabove, the Condominium shall
not be terminated or any of the provisions of thisMaster Deed or Exhibits attached hereto
amended unlessdone in compliance with the followingprovisions:
(1) The Condominium Documents may be amended without the consentof co-owners
or mortgagees forany purpose ifthe amendment does not materiallyalteror change the rightsof
a co-owner or materiallyimpair the securityof a mortgagee as definedin Section90a of theAct.
The Developer, foritself(untilone (1)year afterthe end of the Constructionand Sales Period)and for the Association(actingthrough a majority of itsBoard of Directors),hereby expresslyreservesthe rightto amend the Condominium Documents for such a purpose. Amendments
modifying the typesand sizesof unsold unitsand theirappurtenantCommon Elements, showingminor architecturalvariancesand modificationsto a unit,correctingsurvey or othererrorsmade
in the Condominium Documents, changes required by the City or any other public authority
having jurisdictionover the Condominium, changes deemed necessaryto comply with or include
provisionspermittedby the Act, or for the purpose of facilitatingmortgage loan financingfor
existingor prospectiveco-owners and to enable the purchase or insurance of such mortgageloans by the Federal Home Loan Mortgage Corporation, the Federal National Mortgage
Association,the Government National Mortgage Association,the Veterans Administration,the
Department of Housing and Urban Development, and any other agency of the Federal
government or the Stateof Michigan, or by any other institutionalparticipantin the secondary
mortgage market which purchases or insuresmortgages, and to provide descriptionsand assign
responsibilityfor Common Elements constructed,but not previously disclosedin the Master
Deed, shallbe examples of amendments which do not materiallyalteror change the rightsof a
co-owner ormortgagee.
(2) Ifthereisno co-owner otherthan the Developer, the Developer, with consent of
any interestedmortgagee, may unilaterallyterminate the Condominium or amend the Master
Deed. A termination or amendment under this section shall become effectiveupon the
recordationthereofifexecuted by theDeveloper.
(3) Ifthereis a co-owner otherthan the Developer, then the Condominium shallbe
terminatedonly by the agreement of the Developer, eightypercent(80%) of the unaffiliatedco-
owners of condominium units to which allof the votes in the Association appertainand the
mortgagees of two-thirds(2/3)of the firstmortgages covering the condominium units,with each
Page |174845-7046-8160.2074553\000999
mortgagee to have one (1)vote for each unit covered by itsmortgage. Any mortgagee ballots
not returnedwithinninety(90)days of mailing shallbe counted as approval forthetermination.
(4) Agreement of the required majority of co-owners and mortgagees to the
termination of the Condominium shallbe evidenced by theirexecution of the termination
agreement or of theratificationthereof,and theterminationshallbecome effectiveonly when the
agreement isso evidenced of record.
(5) The City shallbe provided writtennoticeof any terminationof the Condominium
made pursuanttothisArticleatleastthirty(30)days priorto the datewhen such evidence of the
terminationissubmittedforrecordingwith theWashtenaw County Registerof Deeds.
(6) Upon recordationof an instrument terminating a Condominium, the property
constitutingthe Condominium shallbe owned by the co-owners as tenants in common in
proportionto theirrespectiveundivided interestsin the Common Elements immediately before
recordation.As long as the tenancy in common lasts,each co-owner or the heirs,successorsor
assignsthereofshallhave an exclusiverightof occupancy of thatportionof the propertywhich
formerly constitutedtheunit.
(7) Upon recordationof an instrumentterminatinga Condominium, any rightsthe co-
owners may have to the assetsof the Association shallbe in proportion to theirrespectiveundivided interestsin the Common Elements immediately before recordation,except that
common profitsshallbe distributedin accordance with the Condominium Documents and the
Act.
(8) The Condominium Documents may be amended fora proper purpose,otherthan
as setforthin thisArticle,even ifthe amendment willmateriallyalteror change therightsof the
co-owners, mortgagees or other interestedparties,with the priorwrittenconsent of two-thirds
(2/3)of the firstmortgagees (basedupon one (1)vote foreach unitcovered by itsmortgage) and
the co-owners of the individual units. A co-owner's condominium unit dimensions or
appurtenantLimited Common Elements may not be modified without hisconsent and thatof his
mortgagee. Any mortgagee ballotsnot returned within ninety (90) days of mailing shallbe
counted as approval for the change. The affirmativevote of two-thirds(2/3)of co-owners is
consideredtwo-thirds(2/3)of allco-owners entitledtovote as of therecorddateforsuch votes.
(9) The Condominium Documents may not be amended, so as to affectthe siteplanforthe Condominium approved by the City without the advance writtenapprovalof the City,and
no provisionin theCondominium Documents which specificallyappliesto or grantsrightsto the
City may be released,changed, modified, or amended without the advance writtenapproval of
the City.
(10) A person causing or requestingan amendment to the Condominium Documents
shallbe responsiblefor costsand expenses of the amendment to the Condominium Documents
except forthe amendments based upon the Advisory Committee's decision,the costsof which
areexpenses of administration.
Page |184845-7046-8I60.2074553\000999
(11) A Master Deed amendment, includingthe Consolidating Master Deed, dealing
with the addition,withdrawal or modificationof units or other physical characteristicsof the
Condominium shallcomply with the standards prescribed in the Act for preparationof an
originalCondominium SubdivisionPlan forthe Condominium.
(12) During the Construction and Sales Period,thisMaster Deed, and allExhibits
attachedhereto,shallnot be amended without thewrittenconsentof theDeveloper.
ARTICLE XIII
ASSIGNMENT
Any or all of the rights and powers granted or reserved to the Developer in the
Condominium Documents or by law, includingthe rightand power to approve or disapprove any
act,use or proposed actionor any othermatter or thing,may be assignedby ittoany otherentity
or to the Association.Any such assignment or transfershallbe made by appropriateinstrument
in writingduly recorded in the Office of the Washtenaw County Registerof Deeds in which the
assigneeor transfereeshalljoin forthe purpose of evidencingitsacceptanceof such powers and
rights,and such assigneeor transfereeshallthereupon have the same rightsand powers as herein
given and reserved to the Developer. Any rightsand powers reserved by or granted to the
Developer or itssuccessorsshallterminate,and those rightsand powers shallautomaticallybe
assigned as a matter of law to the Association,atthe conclusionof one (1)year afterthe end of
the Construction and Sales Period. The immediately preceding sentence dealing with the
terminationof certainrightsand powers granted or reserved to the Developer is intended to
apply, insofaras the Developer is concerned, only to the Developer's rightsto approve and
control the administrationof the Condominium and shallnot, under any circumstances,be
construedto apply to or cause the terminationand expirationof any realpropertyrightsgranted
or reserved to the Developer or itssuccessors and assigns in the Master Deed or elsewhere
(including,but not limitedto,accesseasements,utilityeasements and allothereasements created
and reserved in such documents which shallnot be terminable in any manner hereunder and
which shallbe governed only in accordance with the terms of theircreationor reservationand
not hereby).
Page [194845-7046-8160.2074553\000999
MMB Equities LLC, Developer
By:
3'& & ,Member
STATE OF MICHIGAN, COUNTY OF WASHTENAW
On no , 2018, resuUt( appeared before me, and
statedunder oath tl he is the Member of MMB EquitiesLLC, a Michigan limitedliability
company, and thatthisdocument was signed on behalf of the company, and he acknowledgedthisdocument tobe thefreeactand deed of the company.
ALLISON BISHOP
Notary Public- Michigan No ary Public
My Cona
go MVyR County, ichigan. . .. . . . . . . - - - - - - -- - - -
Acting inWashtenaw Count
My commission expires: 0 ON
This document was prepared byand when recordedreturnto:
Joy M. Glovick
Conlin,McKenney & Philbrick,P.C.
350 S. Main Street,Suite400
Ann Arbor, Michigan 48104-2131
Page |204845-7046-8160.2074553\000999
EXHIBIT A
GRANDVIEW COMMONS
BY-LAWS
ARTICLE I
ASSOCIATION OF CO-OWNERS
Section 1. Grandview Commons, a condominium, locatedin the City of Dexter,County
of Washtenaw, and State of Michigan, shallbe administeredby an associationof co-owners
which shallbe a non-profitcorporation,hereinaftercalledthe "Association,"organizedunder the
applicablelaws of the State of Michigan and responsiblefor the management, maintenance,
operation, and administration of the Common Elements, easements and affairsof 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 Stateof Michigan. All co-owners in the Condominium and all
persons using or enteringupon or acquiringany interestin any condominium unitthereinor the
Common Elements thereofshallbe subjectto the provisionsand terms setforthin the aforesaid
Condominium Documents.
Section2. Membership in theAssociationand votingby members of theAssociation
shallbe inaccordance with thefollowingprovisions:
a. Each co-owner shallbe a member of the Association and no otherpersonor entityshallbe entitledtomembership.
b. The share of a co-owner in the funds and assetsof the Associationcannot
be assigned,pledged or transferredin any manner except as an appurtenance to his
condominium unitintheCondominium.
c. Except as limitedby theseBy-Laws, each co-owner who iscurrentin the
payment of his assessments shallbe entitledto one (1)vote for each condominium unit
owned when voting by number and one (1)vote,the value of which shallequal the total
of thepercentageallocatedto the condominium unitowned by such co-owner as setforth
in ArticleV of the Master Deed, when votingby value. Voting shallbe by value exceptin those instanceswhen voting is specificallyrequired to be both by value and bynumber.
d. No co-owner, other than the Developer, shallbe entitledto vote at any
meeting of the Association until he has presented evidence of ownership of a
condominium unitin the Condominium to the Association,such as a copy of a recorded
deed, signed land contractor titleinsurance policy. A land contractvendee shallbe
consideredthe co-owner forvotingpurposes. Except as provided in ArticleI,Section 6
of these By-Laws, no co-owner, otherthan the Developer, shallbe entitledto vote priorto the date of the firstannual meeting of members held in accordance with Section 6 of
Page |214845-7046-8I60.2074553\000999
ArticleI. The vote of each co-owner may be castonly by the individualrepresentative
designatedby such co-owner inthenoticerequiredin Section2(e)of thisArticleIor by a
proxy given by such individualrepresentative.The Developer shallbe the only personentitledto vote ata meeting of theAssociationuntilthe firstannual meeting of members
and shall be entitledto vote during such period notwithstanding the fact that the
Developer may own no unitsatsome time or from time to time during such period. At
and afterthe firstannual meeting,the Developer shallbe entitledto one (1)vote foreach
unitwhich itowns.
e. Each co-owner shallfilea writtennoticewith the Associationdesignatingthe individualrepresentativewho shallvote atmeetings of the Associationand receiveall
noticesand other communications from the Association on behalf of such co-owner.
Such noticeshallstatethe name and addressof the individualrepresentativedesignated,thenumber or numbers of the condominium unitor condominium unitsowned by the co-
owner, and the name and address of each person, firm, corporation,partnership,
association,trust,or other entitywho isthe co-owner. Such noticeshallbe signed and
dated by the co-owner. The individualrepresentativedesignatedmay be changed by the
co-owner atany time by filinga new noticeinthemanner hereinprovided.
f. Each co-owner shallnotifythe Association in writing of the name and
address of the mortgagee forhis unit,as well as when thereisno longer a mortgage on
theunit.
g. There shall be annual meetings of the members of the Association,
commencing with the firstannual meeting held as provided in Section 6 of thisArticleI.
Other meetings may be provided forin the By-Laws of the Association. Notice of time,
place and subjectmatter of allmeetings, as provided in the corporateBy-Laws of the
Association,shallbe given to each co-owner by mail or delivery to each individual
representativedesignatedby therespectiveco-owners.
b. The presence inperson or by proxy of thirtypercent (30%) innumber and
in value of the co-owners qualifiedto vote shallconstitutea quorum for holding a
meeting of the members of the Association,except for voting on questionsspecificallysetforthhereinto requirea greaterquorum. The writtenvote of any person,furnishedat
or priorto any duly calledmeeting atwhich meeting saidperson isnot otherwisepresentin person or by proxy, shallbe counted in determining the presence of a quorum with
respecttothe questionupon which thevote iscast.
i. Votes may be castinperson or by proxy or by a writingduly signed by the
designatedvoting representativenot presentat a given meeting in person or by proxy.Proxies and any writtenvotes must be filedwith the Secretaryof the Association at or
before the appointed time of each meeting of the members of the Association.
Cumulative votingshallnot be permitted.
j. A majority,except where otherwiseprovided herein,shallconsistof more
than fiftypercent (50%) in value of those qualifiedto vote and presentin person or by
Page |224845-7046-8160.2074553\000999
proxy (or written vote, if applicable)at a given meeting of the members of the
Association. Whenever provided specificallyherein, a majority may be required to
exceed the simple majorityhereinabove setforthand may be requiredto be one (1) of
both number and value of designated voting representativespresent in person or by
proxy, or by writtenballot,if applicable,at a given meeting of the members of the
Association.
k. Other provisions as to voting by members not inconsistentwith the
provisionshereincontainedmay be setforthintheAssociationBy-Laws.
Section3. The Associationshallkeep currentcopiesof therecorded Master Deed, all
amendments to theMaster Deed and otherCondominium Documents forthe Condominium, and
detailedbooks of account showing allexpendituresand receiptsof administrationwhich shall
specifythe maintenance and repairexpenses of the Common Elements and any other expenses
incurredby or on behalfof the Associationand the co-owners. Such Condominium Documents
shallbe availableduring reasonable working hours for inspectionby co-owners, prospective
purchasers and theirmortgagees of condominium units in the Condominium. Such accounts
shallbe open forinspectionby the co-owners during reasonableworking hours,and the books
and records shallbe audited at leastonce each year by qualifiedindependent auditors,if
requestedinwritingby any co-owner; provided,however, thatsuch auditorsneed not be certified
publicaccountantsnor does such auditneed tobe a certifiedaudit.The costof such professional
accounting assistanceshallbe an expense of administration. Income, expenses and positionstatementsshallbe prepared atleastonce annuallyand distributedto each co-owner, the contents
of which shallbe definedby theAssociation.Any institutionalholder of a firstmortgage lienon
any unitin the Condominium shallbe entitled,upon writtenrequest,to inspectthe books and
records of the Condominium during normal business hours and to receive the annual audited
financialstatementof the Condominium referredto above withinninety(90) days followingthe
end of any fiscalyear thereof. If an audited statement is not available,any holder of a first
mortgage on a unitin the Condominium shallbe allowed to have an auditedstatementpreparedatitsown expense. The provisionsof thissectionnotwithstanding,the Board of Directorsmay
deny an inspectionrequested by a co-owner under MCL 450.2487 for documents other than
those included in MCL 559.168 or MCL 559.157 ifthe Board of Directorsmakes a good faith
determinationthateitherof the following apply: (a)the requestedinspectionwould impair the
rightsof privacy or free associationof the co-owners or (b) the requested inspectionwould
impair the lawfulpurposes of theAssociation.
Section4. The affairsof the Associationshallbe governed by a Board of Directors,
allof whom shallserve without compensation and who must be members of the Association,
except for the firstBoard of Directorswhich is designatedby the Developer priorto the first
annual meeting of members held pursuant to Section 6 of thisArticleI. The number, terms of
office,manner of election,removal and replacement,meetings,quorum and votingrequirements,and other provisions of or relatingto directorsnot inconsistentwith the following shallbe
provided by theAssociationBy-Laws.
a. The Board of Directorsshallhave allpowers and dutiesnecessary forthe
administrationof the affairsof theAssociationand may do allactsand thingsthatarenot
Page |234845-7046-8I60.2074553\000999
prohibitedby the Condominium Documents or requiredtherebytobe exercisedand done
by the co-owners. In additionto the foregoingdutiesimposed by theseBy-Laws or anyfurtherdutieswhich may be imposed by resolutionof the members of theAssociationor
which may be set forthin the Association By-Laws, the Board of Directorsshallbe
responsiblespecificallyforthefollowing:
(1) To manage and administer the affairsand maintenance of the
Condominium and the Common Elements thereof.
(2) To levy, collectand disburse assessments againstand from the
members of the Association and to use the proceeds thereoffor the purposes of
theAssociation,to enforceassessmentsthrough liensand foreclosureproceedingswhen appropriateand to impose latecharges fornonpayment of saidassessments.
(3) To carryinsuranceand collectand allocatetheproceeds thereof.
(4) To rebuildimprovements to theCommon Elements aftercasualty.
(5) To contract-forand employ persons,firms,corporations,or other
agentsto assistinthe management, operation,maintenance, and administrationof
theCondominium.
(6) To acquire,maintain and improve and to buy, sell,convey, assign,
mortgage, or lease any real or personal property (includingany unit in the
Condominium, easements, rights-of-way, and licenses) on behalf of the
Associationinfurtheranceof any of thepurposes of theAssociation.
(7) To borrow money and issue evidences of indebtedness in
furtheranceof any and allof the purposes of the businessof the Association,and
to secure the same by mortgage, pledge or other lienon propertyowned by the
Association;provided,however, thatany such actionshallalsobe approved bythe affirmativevote of sixty percent (60%) of all of the members of the
Associationinnumber and invalue.
(8) To contract for cable television or other equivalenttelecommunication servicestothe Condominium thatshallbe availableforallco-
owners and the expenses forwhich may be assessedequallyto allco-owners as
partof theirindividualmonthly assessments.
(9) To make reasonable rules and regulationsgoverning the use and
enjoyment of units and of the Condominium by co-owners and theirtenants,
guests,employees, invitees,families and pets and to enforce such rules and
regulationsby alllegalmethods, including,without limitation,imposing finesand
latepayment charges,or institutingevictionor legalproceedings.
(10) To enforcetheprovisionsof the Condominium Documents.
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(11) To make rulesand regulationsand/orto enterintoagreements with
institutionallenders,thepurposes of which areto enable obtainingmortgage loans
by unitco-owners which are acceptableforpurchase by the Federal Home Loan
Mortgage Corporation, the Federal National Mortgage Association, the
Government National Mortgage Association,the Veterans Administration,the
Department of Housing and Urban Development, and any other agency of the
Federal government or the State of Michigan, or by any other institutional
participantin the secondary mortgage market which purchases or insures
mortgages.
(12) To levy,collectand disbursefinesagainstand from the members
of theAssociationafternoticeand hearingthereon and touse theproceeds thereof
forthepurposes of theAssociation.
(13) To establishsuch committees as itdeems necessary,convenient or
desirableand to appoint persons theretofor the purpose of implementing the
administrationof the Condominium, and to delegate to such committees any
functions or responsibilitieswhich are not by law or the Condominium
Documents requiredtobe performed by theBoard.
(14) To assert,defend or settleclaims on behalf of allco-owners in
connection with the Common Elements of the Condominium. The Board shall
provide atleasta ten (10)day writtennoticeto allco-owners on actionsproposed
by theBoard with regardthereto.
(15) To do anythingrequiredof or permittedto itas administratorof the
Condominium by the Condominium By-Laws or by the Michigan Condominium
Act, as amended.
b. The Board of Directorsshallemploy for the Association a professional
management agent (which may include the Developer or any person or entityrelated
thereto),atreasonablecompensation establishedby theBoard, toperform such dutiesand
servicesas the Board shallauthorize,including,but not limitedto,the dutieslistedin
Section4(a)of thisArticleI,and the Board may delegateto such management agent anyotherdutiesor powers which arenot by law or by the Condominium Documents requiredto be performed by or have the approval of the Board of Directorsor themembers of the
Association.A. R. Brouwer Company shallprovide such management fora term of not
lessthan fifty-four(54) months, renewable by agreement of the partiesfor successive
periods,and no such contractshallviolatetheprovisionsof Section55 of theAct.
c. All of the actions(including,without limitation,the adoption of theseBy-Laws and any Rules and Regulations for the Association,and any undertakings or
contractsentered into with others on behalf of the Association)of the firstBoard of
Directorsof the Associationnamed by the Developer before the firstannual meeting of
members shallbe binding upon the Association in the same manner as though such
Page ]254845-7046-8160.2074553\000999
actionshad been authorizedby a Board of Directorsduly electedby the members of the
Associationat the firstor any subsequent annual meeting of members, so long as such
actionsare within the scope of the powers and dutieswhich may be exercisedby any
Board of Directorsasprovided inthe Condominium Documents.
Section5. The AssociationBy-Laws shallprovide the designation,number, terms of
office,qualifications,manner of election,duties,removal, and replacement of the officersof the
Association,and may contain any other provisionspertinentto officersof the Association in
furtheranceof theprovisionsand purposes of the Condominium Documents and not inconsistent
therewith. Officersmay be compensated, but only upon the affirmativevote of sixtypercent
(60%) of allco-owners innumber and invalue.
Section6. The firstannual meeting of the members of the Association may be
convened only by the Developer and may be calledat any time aftermore than fiftypercent
(50%) in number and in value of allunitshave been sold and thepurchasersthereofqualifiedas
members of the Association,with said Condominium to be constructedwith a maximum of
seventy-six(76) condominium units,but in no event laterthan fifty-four(54) months afterthe
firstconveyance of titleto a unit in the Condominium to a non-developer co-owner. The
Developer may callmeetings of members of the Associationforinformativeor otherappropriate
purposes priortothefirstannual meeting of members, and no such meeting shallbe construedas
the firstannual meeting of members. The date,time and place of the firstannual meeting shall
be setby theBoard of Directors,and atleastten (10)days writtennoticethereofshallbe given to
each co-owner. Thereafter,the annual meetings shallbe held as specifiedin the By-Laws of the
Association. Upon the saleof seventy-fivepercent (75%) in number and in value of allunitsin
the development, the transitionalcontroldate shalloccur,which isthe date on which a Board of
Directorsforthe Associationtakesofficepursuant to an electionin which the votes which maybe castby eligibleco-owners unaffiliatedwith theDeveloper exceed thevoteswhich may be cast
by theDeveloper,
a. Within one (1)year afterconveyance of legalor equitabletitleto the first
unit in the Condominium to a non-developer co-owner or within one hundred twenty
(120) days afterconveyance to non-developer co-owners of one-third(1/3)of the total
number of unitsthatmay be created,whichever firstoccurs,the Developer shallcause to
be establishedan Advisory Committee consistingof atleastthree(3)non-developer co-
owners. The Advisory Committee shallbe establishedand perpetuatedin any manner the
Developer deems advisable,except that ifmore than fiftypercent (50%) of the non-
developerco-owners petitiontheBoard of Directorsforan electionto selectthe Advisory
Committee, then an electionfor such purpose shallbe held. The members of the
Advisory Committee shallserve fora period of one (1)year or untiltheirsuccessorsare
appointed/elected.The purpose of the Advisory Committee shallbe to meet with the
Board of Directorsto facilitatecommunications between the Board of Directorsand the
non-developer co-owners and to aid in the transitionof controlof the Association from
the Developer to the other co-owners. The Advisory Committee shallcease to exist
automaticallywhen the non-developer co-owners have the voting strengthto electa
majorityof the Board of Directorsof the Association. The Developer may remove and
Page (264845-7046-8160.2074553\000999
replace,at itsdiscretionand at any time, any member of the Advisory Committee who
has not been electedtheretoby thenon-developer co-owners.
b. Not laterthan one hundred twenty (120) days afterconveyance of legalor
equitabletitleto non-developer co-owners of twenty-fivepercent(25%) of the unitsthat
may be created,at leastone (1) directorand not lessthan twenty-fivepercent (25%) of
the Board of Directorsof the Association shallbe electedby non-developer co-owners.
Not laterthan one hundred twenty (120) days afterconveyance of legalor equitabletitle
to non-developer co-owners of fiftypercent (50%) of the unitsthatmay be created,not
lessthan thirty-threeand one-thirdpercent (33-1/3%) of the Board of Directorsshallbe
electedby non-developer co-owners. Not laterthan one hundred twenty (120) days after
conveyance of legalor equitabletitleto non-developer co-owners of seventy-fivepercent
(75%) oftheunitsthatmay be created,and before conveyance of ninetypercent(90%) of
such units,the non-developer co-owners shallelectalldirectorson the Board, except that
the Developer shallhave the rightto designateat leastone (1) directoras long as the
Developer owns and offers for sale at leastten percent (10%) of the units in the
Condominium or as long as tenpercent(10%) of theunitsremain thatmay be created.
c. Notwithstanding the formula provided in subsection (b),fifty-four(54)months afterthe firstconveyance of legalor equitabletitleto a non-developer co-owner
of a unitin the Condominium, iftitleto not lessthan seventy-fivepercent (75%) of the
unitsthatmay be createdhas not been conveyed, the non-developer co-owners have the
rightto elect,as provided in the Condominium Documents, a number of members of the
Board of Directorsof the Associationequal to the percentage of unitsthey hold and the
Developer has the rightto elect,as provided in the Condominium Documents, a number
of members of the Board of Directorsof the Associationequal to the percentageof units
which are owned by the Developer and for which allassessments are payable by the
Developer. This electionmay increase,but does not reduce,the minimum electionand
designationrightsotherwiseestablishedin subsection(b). Applicationof thissubsection
does not requirea change in the sizeof the Board as determined in the Condominium
Documents.
d. Ifthe calculationof the percentageof members of the Board thatthe non-
developer co-owners have the rightto electunder subsection(b),or ifthe product of the
number of members of the Board multipliedby the percentage of unitsheld by the non-
developerco-owners under subsection(c)resultsina rightof non-developer co-owners to
electa fractionalnumber of members of the Board, then a fractionalelectionrightof 0.5
or greatershallbe rounded up to the nearestwhole number, which number shallbe the
number of members of the Board thatthe non-developer co-owners have the rightto
elect.After applicationof the formula containedin thissubsection,theDeveloper has the
rightto electthe remaining members of the Board. Applicationof thissubsectiondoes
not eliminatethe rightof the Developer to designate one (1) member as provided in
subsection(b).
Section7. Every directorand every officerof the Association shallbe indemnified
by the Association against all expenses and liabilities,including counsel fees,reasonably
Page |274845-7046-8160.2074553\000999
incurredby or imposed upon him in connectionwith any proceeding to which he may be a partyor in which he may become involved by reason of hisbeing or having been a directoror officer
of the Association,whether or not he is a directoror officerat the time such expenses are
incurred,except in such cases wherein the directoror officeris adjudged guiltyof willful
misfeasance or malfeasance, willful and wanton misconduct or gross negligence in the
performance of hisduties;provided,however, that,in the event of any claim forreimbursement
or indemnificationhereunder based upon a settlementby the directoror officerseeking such
reimbursement or indemnification,the indemnificationherein shallonly apply ifthe Board of
Directors(with the .directorseeking reimbursement abstaining)approves such settlementand
reimbursement as being in the best interestsof the Association. The foregoing right of
indemnificationshallbe in additionto and not exclusiveof allotherrightsto which such director
or officermay be entitled. Ten (10) days' written notice of any proposed action by the
Association to indemnify an officeror directorshallbe given to allco-owners. Where no
judicialdeterminationas to indemnificationof the officeror directorhas been made, an opinion
of independent legalcounsel as totheproprietyof indemnificationshallbe obtainedifa majority
of theco-owners vote to procure such opinion.
ARTICLE II
ASSESSMENTS
Section 1. The Associationshallbe assessedastheperson or entityinpossessionof
any tangiblepersonalpropertyof the Condominium owned or possessed in common by the co-
owners, and personalpropertytaxesbased thereonshallbe treatedas expenses of administration.
Section2. All costs incurredby the Association in satisfactionof any liability
arisingwithin,caused by, or connected with the Common Elements or the administrationof the
Condominium, shallbe expenses of administration,within the meaning of the Act, and allsums
received as the proceeds of or pursuant to any policy of insurance carriedby the Association
securingthe interestsof the co-owners againstliabilitiesor lossesarisingwithin caused by, or
connected with the Common Elements or administrationof the Condominium, shallbe receiptsof administration.
Section3. Assessments shall be determined in accordance with the following
provisions:
a. The Board of Directorsof the Associationshallestablishan annual budgetin advance for each fiscalyear and such budget shallproject all expenses for the
forthcoming year which may be required for the proper operation,management and
maintenance of the Condominium, includinga reasonable allowance for contingenciesand reserves. An adequate reservefund formaintenance, major repairand replacementof those Common Elements thatmust be replacedon a periodicbasismust be established
in the budget and must be funded by regularmonthly payments as setforthin Section 4
below ratherthan by specialassessments. At a minimum, thereservefund shallbe equalto ten percent (10%) of the currentannual budget on a noncumulative basis. Since the
minimum standard requiredby thissubparagraph may prove to be inadequate for this
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particular Condominium, the Board of Directors should carefully analyze the
Condominium to determine ifa greateramount should be setasideor ifadditionalreserve
funds should be establishedforotherpurposes from time to time and,in theevent of such
a determination,the Board of Directorsshallbe empowered to establishsuch greateror
otherreserveswithout co-owner approval. Upon adoption of such annual budget by the
Board of Directors,copies of said budget shallbe deliveredto each co-owner and the
assessment for said year shallbe established,based upon said budget, although the
deliveryof a copy of the budget to each co-owner shallnot affectthe liabilityof any co-
owner for any existingor future assessments. The requirement of establishingand
furnishinga budget shallalso apply to the firstBoard of Directorsservingpriorto the
firstmeeting of members held in accordance with ArticleI,Section6,hereofeven thoughitwillbe difficulttodetermine a budget in advance. Should theBoard of Directorsatanytime determine,in the solediscretionof the Board of Directors,(1)thatthe assessments
leviedareor may prove to be insufficientto pay the costsof operation,maintenance and
management of the Condominium, (2) to provide replacements of existingCommon
Elements, includingspecificallyan privatedrives(roads)withinthe Condominium, (3)to
provide additions to the Common Elements not to exceed Ten Thousand Dollars
($10,000.00) annually for the entire Condominium (adjusted for increases in the
Consumers Price Index used by the United StatesDepartment of Labor, Bureau of Vital
Statistics,Metropolitan Detroit area,since the date of recording of the initialMaster
Deed), or (4)in the event of emergencies,theBoard of Directorsshallhave the authorityto increasethe general assessment or to levy such additionalassessment or assessments
as itshalldeem to be necessary. The Board of Directorsalso shallhave the authority,without co-owner consent,to levy assessments pursuant to the provisionsof ArticleV,Section 5, hereof. The discretionaryauthorityof the Board of Directors to levyassessments pursuant to thissubparagraph shallrestsolelywith the Board of Directors
forthe benefitof the Associationand the members thereof,and shallnot be enforceable
by any creditorsof theAssociationor of themembers thereof.
b. Special assessments,in additionto those required in (a) above, may be
made by the Board of Directorsfrom time to time and approved by the co-owners as
hereinafterprovided to meet otherneeds or requirements of the Association,including,but not limitedto, (1) assessments for additionsto the Common Elements of a cost
exceeding Ten Thousand Dollars ($10,000.00) annually for the entireCondominium
(adjusted for increases in the Consumers Price Index used by the United States
Department of Labor, Bureau of VitalStatistics,MetropolitanDetroitarea,sincethe date
of recordingof the initialMaster Deed), (2)assessmentsto purchase a condominium unit
upon foreclosureof the lien for assessments described in Section 6 hereof, or (3)assessments for any other appropriatepurpose not elsewhere herein described. Specialassessments referredto in this subparagraph b (but not including those assessments
referredto in subparagraph 3a above, which shallbe leviedin the sole discretionof the
Board of Directors)shallnot be leviedwithout thepriorapproval of atleastsixtypercent
(60%) of allco-owners in number and in value. The authorityto levy assessments
pursuanttothissubparagraph issolelyforthebenefitof the Associationand themembers
thereof and shall not be enforceable by any creditorsof the Association or of the
members thereof.
Page |294845-7046-8160.2074553\000999
Section4. All assessments levied against the co-owners to cover expenses of
administrationshallbe apportioned among and paid by the co-owners in accordance with the
percentage of value allocatedto each unitin ArticleV of the Master Deed, except as setforth
below insubparagraphsa and b.
a. Common expenses associatedwith the maintenance, repair,renovation,
restoration,or replacement of a Limited Common Element shallbe speciallyassessed
againstthe condominium unitto which thatLimited Common Element was assigned at
the time the expenses were incurred. If the Limited Common Element involved was
assignedtomore than one (1)condominium unit,the expenses shallbe speciallyassessed
against each of the condominium units equally so that the total of the specificassessmentsequalsthetotalof theexpenses,
b. Any otherunusual common expenses benefittinglessthan allof theunits,
or any expenses incurred as a resultof the conduct of lessthan allthose entitledto
occupy the Condominium, or theirtenants or invitees,shallbe specificallyassessed
againstthe unitor unitsinvolved,in the proportionwhich the percentageof value of the
benefittedunit(s)bears to the totalpercentage of value of all units so specificallybenefitted.
c. Annual assessments as determined in accordance with ArticleII,Section
3a above shallbe payable by co-owners in twelve (12) equal monthly installments,
commencing with acceptance of a deed or land contractto a condominium unitor with
acquisitionof feesimple titleto a condominium unitby any othermeans.
d. The payment of an assessment shallbe in defaultifsuch assessment,or
any partthereof,isnot paid to the Associationin fullon or before the due date forsuch
payment and, ifa delinquency occurs,the Board of Directorsmay acceleratethe due date
of thebalance of theunpaid annual assessment.
e. Assessments in defaultfor ten (10) or more days shallbear interestfrom
the initialdue datethereofattherateof not lessthan seven percent(7%) per annum, plussuch additionalinterestratesurchargeas the Board of Directorsshallapprove,untilpaidin full;provided, however, thatthe interestrate and interestrate surcharge combined
applyingto delinquentamounts shallnot exceed thelimitsetby usury laws of the Stateof
Michigan. The Board of Directors shall also adopt uniform late payment charges.
Additionally,the Association may assess additionalfines for chronic latepayment or
non-payment of assessments in accordance with theprovisionsof ArticleXI of theseBy-Laws. All of these remedies shallbe cumulative and not alternative.Payments on
account of installmentsof assessmentsin defaultshallbe appliedas follows: First,to the
cost of collectionand enforcement of payment, including actual attorney'sfees (notlimitedto statutoryfees);second, to latecharges,interestand finesfor latepayment on
such installments;and third,toinstallmentsindefaultin orderof theirdue dates.
Page |304845-7046-8160.2074553\000999
f. Each co-owner (whether one (1) or more persons) shallbe and remain
personallyliablefor the payment of allassessments pertinentto his condominium unit
which may be leviedwhile such co-owner isthe owner thereof. A purchaser of a unit
shallacquire the unit subjectto any unpaid assessments againstitand shallbecome
personallyliabletherefor.A co-owner sellinga unit shallnot be entitledto any refund
whatsoever from theAssociationwith respectto any account,reserveor otherassetof the
Association.
Section5. No co-owner may exempt himself from liabilityfor his contribution
toward the expenses of administrationby waiver of the use or enjoyment of any of the Common
Elements or by theabandonment of hiscondominium unit.
Section6. In additionto any other remedies availableto it,the Association may
enforce collectionof delinquentassessments,togetherwith allapplicablelatecharges,interest,
fines,costs,advances paid by the Association to protectitslien,actual attorney'sfees (not
limited to statutoryfees),and other costs,by a suit at law for a money judgment or by
foreclosureof the statutorylienthatsecurespayment of assessments. Each co-owner, and every
otherperson who from time to time has any interestin the Condominium, shallbe deemed to
have granted to the Association the unqualifiedrightto electto foreclosesuch lieneitherby
judicialactionorby advertisement.
a. The provisionsof Michigan law pertainingto foreclosureof mortgages by
judicialactionand by advertisement,as the same may be amended from time totime,are
incorporated herein by reference for the purposes of establishingthe alternative
procedures tobe followed in lienforeclosureactionsand the rightsand obligationsof the
partiesto such actions.The redemption period for a foreclosureissix (6)months from
the date of sale unless the condominium unit is abandoned, in which event the
redemption periodisone (1)month from thedateof sale.
b. Further,each co-owner and every otherperson who from time to time has
any interestin the Condominium shallbe deemed to have authorizedand empowered the
Associationto sellor to cause to be sold the unitwith respectto which the assessment(s)
is or are delinquent and to receive,hold and distributethe proceeds of such sale in
accordance with theprioritiesestablishedby Michigan law.
c. Each co-owner of a unit in the Condominium acknowledges thatat the
time of acquiringtitleto such unithe was notifiedof the provisionsof thissectionand
thathe voluntarily,intelligentlyand knowingly waived noticeof any proceedingsbrought
by the Associationto forecloseby advertisementthe lienfornonpayment of assessments
and a hearingon the same priortothe saleof the subjectunit.
d. Notwithstanding the foregoing,neithera judicialforeclosureactionnor a
suitatlaw formoney judgment shallbe commenced, nor shallany noticeof foreclosure
by advertisementbe published,untilthe expirationof ten (10) days aftermailing,by
ordinary mail addressed to the delinquentco-owner at his or theirlastknown address
and/orto therepresentativedesignatedin the writtennoticerequiredby ArticleI,Section
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2e hereof to be filedwith the Association,of a written notice that one (1) or more
installmentsof the annual assessment leviedagainstthepertinentunitisor aredelinquent
and thatthe Associationmay invoke any of itsremedies hereunder ifthe defaultisnot
cured withinten (10)days afterthedateof mailing.
e. Such written notice shallbe accompanied by a writtenaffidavitof an
authorizedrepresentativeof the Association thatsetsforth(1) the affiant'scapacityto
make the affidavit,(2) the statutoryand other authorityfor the lien,(3) the amount
outstanding,(4) the legaldescriptionof the subjectunit,and (5) the name(s) of the co-
owner(s) of record.
f. Such affidavitshallbe recorded in the Office of the Washtenaw County
Registerof Deeds priorto the commencement of any foreclosureproceeding,but itneed
not have been recorded as of thedateof mailing as aforesaid.
g. If the delinquency is not cured within the ten (10) day period, the
Associationmay take such remedial actionas itelectshereunder or under Michigan law.
In the event the Associationelectsto foreclosethe lienby advertisement,the Association
shallso notifythe representativethathe may requesta judicialhearing by bringing suit
againsttheAssociation.
h. The expenses incurred in collectingunpaid assessments,including late
charges,interest,costs,actualattorney'sfees(notlimitedto statutoryfees),and advances
for taxes or otherlienspaid by the Associationto protectitslienshallbe chargeableto
the co-owner indefaultand shallbe securedby thelienon hisunit.
i. In the event of defaultby any co-owner in the payment of any installment
of the annual assessment leviedagainsthisunit,and/orin the event of defaultby any co-
owner in the payment of any installmentand/or portion of any additionalor specialassessment levied against his unit, or any other obligation of a co-owner which,
according to these Condominium By-Laws, may be assessed to and collectedfrom the
responsibleco-owner in the manner provided in ArticleIIhereof,the Associationshall
have therightto declareallunpaid installmentsof the annual assessment forthepertinentfiscalyear (and forany futurefiscalyear in which saiddelinquency continues)and/orall
unpaid portionsor installmentsof any additionalor specialassessment, if applicable,
immediately due and payable. The Association also may discontinuethe furnishingof
any utilitiesor otherservicesto a co-owner in defaultupon seven (7)days' writtennotice
to such co-owner of itsintentionto do so. A co-owner in defaultshallnot be entitledto
utilizeany of the General Common Elements of the Condominium, except as shallbe
necessary forpurposes of ingressto and egressfrom hisunit,and shallnot be entitledto
vote atany meeting of the Association,or be electedto or a votingmember of the Board
of Directors,and his percentage of value shallnot be taken into considerationwhen
determining the quorum requirements for such meetings, so long as such default
contmues.
Page |324845-7046-8I60.2074553\000999
j. In a judicialforeclosureaction,a receivermay be appointed to collecta
reasonablerentalfor the unitfrom the co-owner thereofor any persons claiming under
him and,iftheunitisnot occupied,to leasethe unitand collectand apply therentalthere
from to any delinquency owed to the Association. All of these remedies shallbe
cumulative and not altemativeand shallnot preclude the Association from exercising
such otherremedies as may be availableatlaw or in equity.
Upon thesaleor conveyance of a condominium unit,allunpaid assessments,interest,late
charges, fines,costs,and actual attomey's fees (not limited to statutoryfees) against the
condominium unitshallbe paid out of the salepriceor by the purchaser in preferenceover any
otherassessmentsor chargesof whatever natureexcept the following:
a. Amounts due the State,or any subdivisionthereof,or any municipalityfor
taxesand specialassessmentsdue and unpaid on the condominium unit.
b. Payments due under a firstmortgage having prioritythereto.
c. A purchaser or grantee is entitledto a written statement from the
Associationsettingforththe amount of unpaid assessments,interest,latecharges,fines,
costs,and actual attorney'sfees (not limited to statutoryfees) against the selleror
grantor,and the purchaser or grantee is not liablefor nor is the condominium unit
conveyed or granted subjectto alien for any unpaid assessments,interest,latecharges,
fines,costs,and actualattomey's fees (notlimitedto statutoryfees)againstthe selleror
grantorinexcess of theamount setforthin thewrittenstatement.Unless thepurchaser or
granteerequestsa writtenstatementfrom the Associationas provided in the Act, atleast
five (5) days before the sale,the purchaser or grantee shallbe liablefor any unpaid
assessmentsagainstthe condominium unittogetherwith interest,costs,fines,latecharges
and actualattomey's fees(notlimitedto statutoryfees)incurredin the collectionthereof.
The Associationmay requirethe advance payment of a reasonableprocessingfee forthe
issuanceof such writtenstatement.
Sums assessedto a co-owner by the Associationwhich are unpaid constitutealien uponthe unit or unitsin the Condominium owned by the co-owner at the time of the assessment
before other liensexcept tax lienson the condominium unit in favor of any Stateor Federal
taxing authorityand allindebtednessdue under a firstmortgage of record,except thatpast due
assessmentswhich areevidenced by a noticeof lien,recorded accordingto theAct,have priorityover a firstmortgage recorded subsequent to the recordingof the noticeof lien.The lienuponeach condominium unit owned by the co-owner shallbe in the amount assessed againstthe
condominium unit,plus a proportionateshare of the totalof all other unpaid assessments
attributableto condominium unitsno longerowned by the co-owner but which became due while
the co-owner had titleto the condominium units.The lienmay be foreclosedby an actionor by
advertisementby the Associationin the name of the Condominium on behalf of the other co-
owners.
Section7. During the development and sale period (which shallbe defined as the
period up to the time of the firstannual meeting of members held in accordance with the
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provisionsof ArticleI,Section 6, hereof),the Developer of the Condominium, even though a
member of the Association,shallnot be responsiblefor payment of the monthly Association
assessment. The Developer, however, shall,during the period up to the time of the firstannual
meeting, pay a proportionateshare of the Association'scurrentmaintenance expenses actually
incurredfrom time to time based upon the ratioof completed and occupied condominium units
owned by theDeveloper atthe time the expense isincurredto thetotalnumber of completed and
occupied condominium units in the Condominium. In no event shall the Developer be
responsiblefor payment, untilaftersaid firstannual meeting, of any assessments for deferred
maintenance, reservesfor replacement, for capitalimprovements, or other specialassessments
except with respectto occupied unitsowned by it.After the firstannual meeting,the Developer
shallbe responsibleforpayment of the fullmonthly Associationmaintenance assessment forall
completed and occupied units owned by it and shallalso maintain, at itsown expense, any
incomplete and unoccupied units owned by it. An unoccupied unit is one owned by the
Developer, but which isnot under leaseto a tenant.Any model unit shallbe considered at all
times to be an unoccupied unit.The Developer shallnot be responsibleatany time forpayment
of saidmonthly assessment or payment of any expenses whatsoever with respecttounbuiltunits
notwithstandingthe factthatsuch unbuiltunitsmay have been included in the Master Deed.
Further,theDeveloper shallin no eventbe liableforany assessment leviedinwhole or in partto
purchase any unit from the Developer or to finance any litigationor other claims againstthe
Developer, any cost of investigatingand preparing such litigationor claim, or any similaror
relatedcosts. "Occupied unit" shallmean a unitused as a residence. "Completed unit" shall
mean a unitwith respecttowhich thirty(30)days have elapsedsincethe certificateof occupancy
has been issued by the local public authority. These provisions mean the Developer's
contributionto Association expenses prior to the firstannual meeting will be less than the
contributionsmade by co-owners of unitsbecause the Developer willnot pay towards reserves
fordeferredmaintenance, capitalimprovements or otherspecialassessments and theDeveloper's
contributionfor any unoccupied unit afterthe firstannual meeting willbe lessthan co-owner
charges or chargesforan occupied unit.
Section8. Special assessments and property taxes shall be assessed against the
individualcondominium unitsidentifiedas unitson the Condominium SubdivisionPlan and not
on the totalpropertyof the Condominium or any otherpartthereof,except forthe year in which
the Condominium was establishedsubsequent to the tax day. Taxes and specialassessments
which become alien againstthe property in thatyear subsequent to the establishmentof the
Condominium shallbe expenses of administrationof the Condominium and paid by the co-
owners as provided in Section 69 of the Act. The taxes and specialassessments shallnot be
dividedor apportionedon the tax roll,any provisionof any law to the contrarynotwithstanding.
Special assessments and property taxes in any year in which the property existed as an
establishedCondominium on the tax day shallbe assessedagainstthe individualcondominium
unit,notwithstandingany subsequent vacation of the Condominium. Condominium unitsshall
be described for such purposes by reference to the condominium unit number on the
Condominium SubdivisionPlan and the captionthereoftogetherwith the liberand page of the
county recordsinwhich the Master Deed isrecorded. Assessments forsubsequent realproperty
improvements to a specificcondominium unit shallbe assessed to that condominium unit
descriptiononly. For property tax and specialassessment purposes, each condominium unit
shallbe treatedas a separatesingleunit of realproperty and shallnot be combined with any
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other unit or units,and no assessment of any fractionsthereofshallbe made, nor shallany
division or splitof the assessment or taxes of any single condominium unit be made
notwithstandingseparateor common ownership thereof.
Section9. A constructionlienconcerning a condominium arisingunder Act No. 497
of the Public Acts of 1980, being Section 570.1101 to 570.1305 of the Michigan Compiled
Laws, issubjecttothefollowinglimitations:
a. Except as otherwise provided in thissection,a constructionlienfor an
improvement furnishedto a condominium unit or to a Limited Common Element shall
attachonly tothe condominium unittowhich theimprovement was furnished,
b. A constructionlienforan improvement authorizedby the Developer of a
condominium projectand performed upon the Common Elements shallattachonly to the
condominium unitsowned by the Developer atthetime of recordingof theclaim of lien.
c. A constructionlien for an improvement authorizedby the Association
shallattachto each condominium unitonly totheproportionalextentthatthe co-owner of
the condominium unit is required to contributeto the expenses of administration,as
provided by theCondominium Documents.
d. A constructionlienshallnot ariseor attachto a condominium unit for
work performed on the Common Elements if the work was not contractedfor by the
Developer or theAssociation.
Section10. Any co-owner bringing an unsuccessful lawsuit againstthe Association
and/oritsBoard of Directorsforthe administrationof the affairsof the Association,found to be
consistentwith theprovisionscontainedin the Condominium Documents, shallbe chargeablefor
allexpenses incurredby the Association. Such expenses may be collectedby theAssociationin
thesame manner as an assessment.
ARTICLE III
ARBITRATION
Section1. Disputes, claims or grievances arising out of or relatingto the
interpretationor the applicationof the Condominium Documents, or any disputes,claims or
grievances arisingamong or between co-owners or between co-owners and the Association or
with a management company shall,upon the electionand writtenconsent of the partiesto anysuch disputes,claims or grievances(which consent shallincludean agreement of the partiesthat
thejudgement of any circuitcourt of the Stateof Michigan may be rendered upon any award
pursuant to such arbitration)and upon writtennoticeto the Association,shallbe submitted to
arbitration,and the partiestheretoshallaccept the arbitrator'sdecision as finaland binding,
provided thatno questionaffectingthe claim of titleof any person to any fee or lifeestateinreal
estateis involved. In the absence of an agreement between the partiesto the other rules,the
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.Commercial ArbitrationRules of the American ArbitrationAssociationas amended an in effect
from time totime hereaftershallbe applicableto any such arbitration.
Section2. In the absence of the electionand written consent of the parties
pursuantto Section 1 above, no co-owner or the Associationshallbe precluded from petitioning
thecourtsto resolveany such disputes,claims or grievances.
Section3. Such electionand written consent by owners or the Association to
submit any such dispute,claim or grievance to arbitrationshallpreclude such partiesfrom
litigatingsuch dispute,claim or grievanceinthe courts.
Section4. The Developer, the Association and the co-owners (by taking ownershipof a unit)acknowledge and agree thatto the extentpermittedby applicablelaw (Section144 of
the Act), any claim by a co-owner which might be the subjectof a civilaction againstthe
Developer, which involves an amount of Two Thousand Five Hundred Dollars ($2,500.00)or
more, and arisesout of or relatesto the Condominium or a unit,or which involvesany claim by
the Association againstthe Developer in excess of Ten Thousand Dollars ($10,000.00),and
arisesout of or relatesto the Common Elements of the Condominium, shallbe settledby bindingarbitrationconducted pursuant to the Commercial ArbitrationRules of the American Arbitration
Association,as amended and in effectfrom time to time hereafter.The partiesshallaccept the
arbitrator'sdecisionas finaland binding,provided thatno questionaffectingthe claim of titleof
any person to any fee or lifeestatein realproperty isinvolved. Judgment upon the award by
arbitrationmay be enteredin a circuitcourtof appropriatejurisdiction.
Section5. The commencement of any arbitrationproceedings by the Association
againstthe Developer shallrequirethe approval of two-thirds(2/3)in number of allco-owners.
This will ensure thatthe co-owners are fullyinformed regarding the prospectsand any likely
expenses of any arbitrationproposed by theAssociation.
ARTICLE IV
INSURANCE
Section 1. The Association shallcarry property coverage for allrisksof direct
physicallossand liabilityinsurance,fidelitycoverage,and worker's compensation insurance,if
applicable,pertinentto the ownership, use and maintenance of the Common Elements and units
of the Condominium, and such insurance,other than titleinsurance,shall be carried and
administeredin accordance with the followingprovisions:
a. All such insurance shall be purchased by the Association for the
benefitof the Associationand the co-owners and theirmortgagees, as theirinterestsmy
appear, and provision shall be made for the issuance of certificatesof mortgageeendorsements to the mortgagees of owners. Each co-owner may obtain additionalfire
and extended insurancecoverage,vandalism, malicious mischief,and liabilityinsurance
at his own expense upon his condominium unit. It shall be each co-owner's
responsibilityto obtaininsurancecoverage forhispersonalpropertyappliances,fixtures,
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equipment, and contents located within his condominium unit or elsewhere in the
Condominium, for improvements and betterments to his condominium unit or upon
Limited Common Elements, including windows, screens and doors appurtenantto his
condominium unit,and also for alternativelivingexpenses in event of fireor other
catastrophe.The Association shallhave absolutelyno responsibilityfor obtainingsuch
coverages;provided, however, that,if the Association electsto include improvements
made to the Limited Common Elements againstlossin event of fireor othercatastrophe
under itsinsurancecoverage,any additionalpremium costto the Associationattributable
theretoshallbe assessedto and borne solelyby saidco-owner and collectedas a partof
or in additionto the assessments againstsaid co-owner under ArticleII hereof. The
Association and allco-owners shalluse theirbest effortsto see thatallproperty and
liabilityinsurance carriedby the Associationor any co-owner shallcontainappropriate
provisionswhereby the insurerwaives itsrightsof subrogationas to any claims against
any co-owner or the Association,and such insurance shall contain a severabilityof
interestendorsement.
b. All Common Elements and condominium unitsof the Condominium shall
be insured againstallrisksof directphysicallossin an amount equal to the maximum
insurablereplacement value,excluding foundation and excavation costs as determined
annuallyby the Board of Directorsof the Associationin consultationwith itsappropriate
advisors. Such coverage shallalso extend to the unpainted surface of interiorwalls
within any condominium unitand includethe pipes,wires,conduits,and ducts contained
therein and shall furtherinclude all fixtures,equipment, doors, and trim within a
condominium unit which were furnishedwith the unit as standard items in accordance
with theplans and specificationsthereof(orsuch replacements thereofas do not exceed
the cost of such standard items). Such fixtures,equipment and trim are to consistof
standardbathroom and kitchenfixtures,counter tops and cabinets,but shallspecificallyexclude appliances,water heaters,heating and airconditioningequipment, wall coveringand floorcovering.Any improvements or items installedin additionto such standard
items,regardlessof by whom installed,shallbe covered by insuranceobtainedby and at
the expense of saidco-owner; provided,however, that,iftheAssociationelectsto include
such improvements under itsinsurance coverage, any additionalpremium cost to the
Association attributabletheretoshallbe assessedto and borne solelyby said co-owner
and collectedas a part of or in additionto the assessments againstsaid co-owner under
ArticleIIhereof.
c. All premiums for insurance purchased by the Association pursuant to
these By-Laws shallbe expenses of administrationand collectedas a part of or in
additiontotheassessments againstsaidco-owner under ArticleIIhereof.
d. Proceeds of allinsurance policiesowned by the Association shallbe
receivedby the Associationheld in a separateaccount and distributedto theAssociation,
and the co-owners and their mortgagees, as their interestsmay appear; provided,
however, that,whenever repairor reconstructionof the Condominium shallbe requiredas provided in ArticleV of theseBy-Laws, theproceeds of any insurancereceivedby the
Associationas a resultof any lossrequiringrepairor reconstructionshallbe appliedto
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such repairor reconstruction,and inno event shallhazard insuranceproceeds be used for
any purpose other than for repair,replacement or reconstructionof the Condominium
unlesstwo-thirds(2/3)of allof the institutionalholdersof firstmortgages on unitsin the
Condominium have given theirpriorwrittenconsent.
e. On any claim on any of the above-mentioned policiesof insurance
obtainedand maintained by the Associationwhich issubjectto a deductibleamount, said
deductibleamount shallbe paid by the co-owner of the unitwhich isdamaged or which
unithas appurtenantto itthe Limited Common Element which isdamaged. In the event
thatmore than one (1)unitisdamaged, then saiddeductibleamount shallbe apportioned
between and paid by the co-owners of units which are damaged or which unitshave
appurtenant to them the Limited Common Element which is damaged, based upon a
fractionthe numerator of which isthe dollaramount of the damage done to a particular
unitand the denominator of which isthe totaldollaramount of damage done to allunits
from one (1) specificincident. If the damage is to a Limited Common Element
appurtenant to more than one (1) unit, then the deductible amount shall be paid
proportionatelyby the appurtenantunitsbased upon a fractionthe numerator of which is
the percentageof value assignedto a particularunitand the denominator of which isthe
sum of the percentages of value assigned to those units appurtenant to the Limited
Common Element which is damaged. In the case of damage to a General Common
Element, thedeductibleshallbe paid by theAssociation.
Section2. Each co-owner, by ownership of a condominium unit in the
Condominium, shallbe deemed to appointthe Associationas histrueand lawful attorney-in-fact
to actin connectionwith allmattersconceming the maintenance of propertyinsurance,liability
insurance, fidelitycoverage, and worker's compensation insurance, if applicable,personal
property insurance, and coverage for altemate living expenses in event of fire or other
catastrophepertinentto the Condominium, his condominium unit and the Common Elements
appurtenanttheretowith such insureras may, from time to time,provide such insuranceforthe
Condominium. Without limitationon the generalityof the foregoing,the Association,as said
attomey, shallhave fullpower and authorityto purchase and maintain such insurance,to collect
and remit premiums therefor,to collectproceeds,and to distributethe same to the Association,
the co-owners and theirrespectivemortgagees, as theirinterestsmay appear (subjectalways to
the Condominium Documents), to executereleasesof liability,and to execute alldocuments and
to do allthings on behalf of such co-owner and the Condominium as shallbe necessary or
convenienttotheaccomplishment of theforegoing.
Section3. Each individualco-owner shallindemnify and hold harmless every other
co-owner, the Developer and the Association for all damages and costs,including actual
attomey's fees (notlimitedto statutoryfees),which the other co-owners, the Developer or the
Association may sufferas a resultof defending any claim arisingout of an occurrence on or
within an individualco-owner's unit. Each co-owner shall carry insurance to secure the
indemnity obligationsunder thisSection3, ifrequiredby the Association,or ifrequiredby the
Developer during the Constructionand SalesPeriod. This Section 3 isnot intended to give anyinsurerany subrogationrightor any otherrightor claim againstany individualco-owner.
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Section4. There may be overlapping coverage between the co-owners' insurance
policiesand insurancepoliciesof theAssociation,requiredto be carriedpursuantto thisArticle.
In situationswhere both coverages/policiesare applicableto a given loss,the provisionsof this
Section 4 shallcontrolin determining the primary carrier.In cases of property damage to the
unit and itscontents,or any other unit,any Limited Common Element or other element or
property for which the co-owner is assigned responsibilityfor maintenance, repair and
replacement pursuant to the provisions of Article IV of the Master Deed (including
improvements and betterments),the co-owner's policy/carriershallbe deemed tobe the primarycarrier.In casesof propertydamage to the General Common Elements or any Limited Common
Element for which the Association is assigned responsibilityfor maintenance, repair and
replacement pursuant to the provisions of ArticleIV of the Master Deed, the Association's
policy/carriershallbe deemed to be the primary carrier.In casesof liabilityforpersonalinjury
or otherwise,foroccurrencesin/ontheunitor in/upon any Limited Common Element forwhich
the co-owner isassigned responsibilityformaintenance, repairand replacement pursuant to the
provisionsof ArticleIV of the Master Deed (includingimprovements and betterments),the co-
owner's policy/carriershallbe deemed tobe theprimary carrier.In casesof liabilityforpersonal
injuryor otherwise,foroccurrencesin/onthe General Common Elements or in/upon any Limited
Common Element for which the Associationis assigned responsibilityfor maintenance, repairand replacement pursuant to the provisions of Article IV of the Master Deed (including
improvements and betterments),the Association'spolicy/carriershall be deemed to be the
primary carrier.In allcases where the Association'spolicy/carrierisnot deemed the primary
policy/carrier,if the Association's policy/carriercontributesto payment of the loss, the
Association'sliabilityto the co-owner shallbe limitedto the amount of the insuranceproceeds,and shallnot in any event requireor resultinthe Associationpaying or being responsibleforanydeductibleamount under itspolicies.In cases where the co-owner's policy isdeemed primaryfor the purpose of covering losses where the damage is incidentalor caused by a General
Common Element or the repairor replacement thereof,the insurance carrierof the co-owner
shallhave no rightto subrogationagainsttheAssociationor itscarrier.
ARTICLE V
RECONSTRUCTION OR REPAIR
Section 1. If any part of the condominium property shall be damaged, the
determination of whether or not it shallbe reconstructedor repaired shallbe made in the
followingmanner:
a. Ifthe damaged propertyisa Common Element or condominium unit,the
property shallbe rebuiltor repairedif any condominium unit in the Condominium is
tenantable,unless itis determined by a unanimous vote of allof the co-owners in the
Condominium thatthe Condominium shallbe terminatedand each institutionalholder of
a firstmortgage lienon any unitin the Condominium has given itspriorwrittenapprovalof such termination.
b. If the Condominium is so damaged that no condominium unit is
tenantable,and if each institutionalholder of a firstmortgage lien on any unit in the
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Condominium has given its prior written approval of the termination of the
Condominium, the damaged propertyshallnot be rebuiltand the Condominium shallbe
terminated,unless two-thirds(2/3)or more of the co-owners in number and in value
agreeto reconstructionby vote or inwritingwithin ninety(90)days afterthedestruction.
Section2. Any such reconstructionor repairshallbe substantiallyinaccordance with
the Master Deed and the plans and specificationsfor the Condominium to a condition as
comparable as possibleto the conditionexistingprior to damage unless the co-owners shall
unanimously decideotherwise.
Section3. If the damage is only to a part of a condominium unit or the Common
Elements which are the responsibilityof a co-owner to maintain,repairand/orinsure,itshallbe
the responsibilityof the co-owner torepairsuch damage in accordance with Section4 hereof. In
allothercases,the responsibilityforreconstructionand repair,although not necessarilythe cost
thereof,shallbe that of the Association. In the event that a co-owner does not commence
making repairsas requiredof such co-owner hereinwithin thirty(30) days of the occurrence of
the damage and diligentlypursue such repairsto completion,the Board of Directorsmay make
such repairsand the costthereofshallconstitutean additionalassessment againstsuch co-owner,
due and enforceableas provided in theseBy-Laws forother assessments. No co-owner shallin
any way restrictaccess to any portionof a condominium unitthatmust be accessibleto service
the General Common Elements. Should accessto any General Common Element of any sortbe
required,the Associationmay remove any coverings or attachments of any nature thatrestrict
such accessand willhave no responsibilityforrepairing,replacingor reinstallingany materials,
whether or not installationthereofhas been approved hereunder,thatare damaged in the course
of gaining such access,nor shallthe Associationbe responsiblefor monetary damages of anysortarisingout of actionstaken togain such access.
Section4. Regardlessof the cause or natureof any damage or deterioration,each co-
owner shallbe responsibleforthe reconstruction,repairand maintenance of the interiorof the
co-owner's condominium unit and personal property, including,but not limited to, floor
coverings,wall coverings,window shades,draperies,interiornonload-bearingwalls (butnot anyCommon Elements therein),walls contained wholly within the unit,and pipes,wires,conduits,and ducts therein(afterconnection with fixtures),interiortrim,furniture,lightfixtures,and all
appliancesand equipment, whether freestandingor built-in.In theevent damage tointeriorwalls
within a co-owner's unitor topipes,wires,conduits,ducts,or otherCommon Elements thereinis
covered by insurance held by the Association,then the reconstructionor repairshallbe the
responsibilityof the Association in accordance with Section 8; provided, however, that anydeductibleamount be paid by the co-owner to whom the damage occurred. In no event shallthe
Associationbe responsibleforrestorationof more than finished,unpainted drywallin the case of
damage to ceilingsand walls which are the responsibilityof the Associationunder thisArticle.
If any other interiorportion of a unitis covered by insurance held by the Association for the
benefitof the co-owner, the co-owner shallbe responsibleforthe deductibleamount, ifany, and
shallbe entitledto receivethe proceeds of insurancerelativetheretoand, ifthereisa mortgage
endorsement, the proceeds shallbe payable to the co-owner and the mortgagee jointly.In the
event of substantialdamage to or destructionof any unitor any partof the Common Elements,the Associationshallpromptly so notifyeach institutionalholder of a firstmortgage lienon any
Page 404845-7046-8160.2074553\000999
condominium unit in the Condominium. The Association shallhave alien for any funds
advanced on behalfof any co-owner subordinateto the lienof any firstmortgage on such co-
owner's unit.
Section5. Every co-owner shallperform promptly allmaintenance and repairwork
within his own unit,which, ifomitted,would affectthe Common Elements or another unit or
units,each co-owner being expresslyresponsiblefor the damages consequently resultingfrom
such omission. This shallinclude damage caused to other unitsin the Condominium due to
water leaking from plumbing fixtures.Repairs of installationswithin a unitsuch as telephone,
heating and cooling systems, water, sewer and plumbing systems, windows, screens,doors,
locks,electricalfixtures,and allotheraccessoriesincludingwater faucets,tanksand fixtures,but
excluding water meters,shallbe an expense of the co-owner of such unit. Each co-owner shall
reimburse the Association for any expense incurred in repairingor replacingany Common
Elements damaged through thefaultof the co-owner.
Section6. A co-owner who desiresto make a repairor structuralmodificationof his
or her condominium unit shall firstobtain written consent from the Association. The
Associationshallnot give itsconsent ifsuch repairor modificationmight jeopardizeor impairthe structuralsoundness,safety,utility,or harmonious appearance of theCondominium.
Section7. Any person designated by the Association shall have access to each
condominium unitas necessaryduring reasonablehours and upon noticeto the occupant thereof
for maintenance, repairor replacement of any of the Common Elements thereinor accessible
therefrom,and shallhave accessto each condominium unitwithout noticeformaking emergency
repairsnecessary to prevent damage to other condominium unitsor the Common Elements, or
both.
Section8. The Associationshallbe responsiblefor the replacement,reconstruction,
repair,and maintenance of the Common Elements. An adequate reservefund forreplacement,reconstructionand repairof the Common Elements must be establishedand must be funded by
regular monthly payments ratherthan by specialassessments. Immediately aftera casualty
causing damage to property for which the Association has the responsibilityof maintenance,
repairand reconstruction,the Associationshallobtainreliableand detailedestimatesof the cost
toreplacethe damaged propertyin a conditionas good as thatexistingbeforethedamage. Ifthe
proceeds of insuranceare not sufficientto defray the estimatedcostsof reconstructionor repair
required to be performed by the Association,or ifat any time during such reconstructionor
repair,or upon completion of such reconstructionor repair,the funds for the payment of the
coststhereofare insufficient,assessments shallbe made againstallco-owners for the cost of
reconstructionor repairof the damaged property in sufficientamounts to provide funds to paythe estimated or actualcost of repair. Any excess proceeds of insurance shallbelong to the
Association.
Section9. Section 133 of theAct and the followingprovisionsshallcontrolupon any
takingby eminent domain:
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a. In the event of any taking of an entirecondominium unit by eminent
domain, the co-owner of such condominium unitand hismortgagee, as theirinterestmay
appear, shallbe entitledto receive the award for such taking and, afteracceptance
thereof,he and his mortgagee shallbe divestedof allinterestin the Condominium with
regard to such unit. In the event thatany condemnation award shallbecome payable to
any co-owner whose condominium unit is not wholly taken by eminent domain, then
such award shallbe paid by the condemning authorityto the Association on behalf of
such co-owner. Ifonly a part of any condominium unit istaken,the Associationshall
rebuild the same as is necessary to make it habitableand remit the balance of the
condemnation proceeds pertinentto such condominium unitto the co-owner thereofand
hismortgagee, as theirinterestsmay appear.
b. Ifthereisany taking of any portionof the Condominium otherthan any
condominium unit,the condemnation proceeds relativeto such takingshallbe paid to the
Association,and the affirmativevote of at leasttwo-thirds(2/3)of the co-owners in
number and in value shalldetermine whether to rebuild,repairor replacethe portionso
taken or totake such otheractionas they deem appropriate.Ifno such affirmativevote is
obtained,such condemnation proceeds shallbe remitted to the co-owners and their
mortgagees, as theirrespectiveinterestsmay appear,in accordance with theirrespective
percentagesof value setforthinArticleV of theMaster Deed.
c. In the event the Condominium continuesaftertakingby eminent domain,
then theremaining portionof the Condominium shallbe resurveyed and theMaster Deed
amended accordinglyand, ifany condominium unitshallhave been taken,then ArticleV
of the Master Deed shallalsobe amended to reflectsuch taking and to proportionately
readjustthe percentagesof value of the remaining co-owners based upon the continuing
value of the Condominium of one hundred percent (100%). Such amendment may be
effectedby an officerof the Association duly authorized by the Board of Directors
without thenecessityof executionor specificapproval thereofby any co-owner.
d. In the event any condominium unit in the Condominium or any portion
thereof,or the Common Elements or any portionthereof,ismade the subjectmatter of
any condemnation or eminent domain proceedings,or isotherwisesought to be acquired
by a condemning authority,the Association shallpromptly so notifyeach institutional
holder of a firstmortgage lienon any of the unitsin the Condominium, provided thatthe
name and addressof each has been provided to theAssociation.
e. Ifportionsof a condominium unitaretaken by eminent domain, the court
shalldetermine the fairmarket value of the portionsof the condominium unitnot taken.
The undivided interestforeach condominium unitin the Common Elements appertainingto the condominium unitsshallbe reduced in proportion to the diminution in the fair
market value of the condominium unit resultingfrom the taking. The portions of
undivided interestin the Common Elements thereby divestedfrom the co-owners of a
condominium unit shallbe reallocatedamong the other condominium units in the
Condominium in proportion to their respective undivided interestin the Common
Elements. A condominium unit partiallytaken shall receive the reallocationin
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proportionto itsundivided interestas reduced by the court under thissubsection. The
court shallenter a decree reflectingthe reallocationof undivided interestsproduced
thereby, and the award shall include just compensation to the co-owner of the
condominium unit partiallytaken for that portion of the undivided interestin the
Common Elements divestedfrom the co-owner and not revestedintheco-owner pursuant
to subsectionf,as well as for thatportion of the condominium unit taken by eminent
domain.
f. Ifthe taking of a portion of a condominium unitmakes itimpracticalto
use theremaining portionof thatcondominium unitfora lawfulpurpose permittedby the
Condominium Documents, then the entireundivided interestin the Common Elements
appertainingto that condominium unit shall thenceforth appertain to the remaining
condominium units,being allocatedto them in proportionto theirrespectiveundivided
interestsin the Common Elements. The remaining portion of thatcondominium unit
shallthenceforthbe a Common Element. The court shallenteran order reflectingthe
reallocationof undivided interestsproduced thereby,and the award shallincludejust
compensation to the co-owner of the condominium unit for the co-owner's entire
undivided interestinthe Common Elements and forthe entirecondominium unit.
g. Votes intheAssociationand liabilityforfutureexpenses of administration
appertainingto a condominium unit taken or partiallytaken by eminent domain shall
thenceforthappertainto the remaining condominium units,being allocatedto them in
proportion to the relativevoting strength in the Association. A condominium unit
partiallytaken shall receive a reallocationas though the voting strength in the
Associationwas reduced in proportionto the reductionin the undivided interestsin the
Common Elements.
Section 10. The Association,actingthrough itsBoard of Directors,may negotiateon
behalf of allco-owners for any taking of Common Elements, and any negotiatedsettlement
approved by atleasttwo-thirds(2/3)of the co-owners based upon assignedvotingrightsshallbe
binding on allco-owners.
ARTICLE VI
RESTRICTIONS
Section 1. No condominium unitshallbe used forotherthan multiple-familyresidential
purposes, as defined by the City of Dexter Zoning Ordinance, (except thatpersons not of the
same immediate family residingtogethermay occupy a unit with the writtenconsent of the
Board of Directors,which consent shallnot be unreasonably withheld). Upon writtenrequest,theAssociationmay permit reasonableexceptionsto therestrictionimposed by thissection.The
operationof a family or group day care home within the Condominium is prohibitedand no
businessesmay be operatedwithin a unitthatuse outsideemployees or have customers come to
thepremises,withoutthepriorwrittenapproval of theAssociation.
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Section2.
a. No rooms in a unitmay be rented.No tenantshallbe permittedto occupy
a unit except under a lease,the initialterm of which is at leastsix (6)months, unless
specificallyapproved in writing by the Association, which approval shall not be
unreasonably withheld.
b. All leasesand rentalagreements shallbe in writingand shallincorporate
the Condominium Documents by reference. Tenants or non co-owner occupants shall
comply with allof the conditionsof the Condominium Documents and allleasesand
rentalagreements shallso state.
c. If the Association determines thatthe tenant or non co-owner occupant
failedto comply with the conditionsof the Condominium Documents, the Association
shalltakethe followingaction:
(1) The Association shall notify the co-owner by certifiedmail
advisingof the allegedviolationby thetenant.
(2) The co-owner shall have fifteen(15) days afterreceiptof the
noticeto investigateand correctthe allegedbreach by the tenant or advise the
Associationthata violationhas not occurred.
(3) If,afterfifteen(15) days,the Associationbelievesthatthe alleged
breach is not cured or may be repeated,it may instituteon its behalf, or
derivativelyby the co-owners on behalf of the Association if itis under the
controlof the Developer, an actionforboth evictionagainstthe tenantor non co-
owner occupant and simultaneously for money damages in the same action
againstthe co-owner and tenant or non co-owner occupant for breach of the
conditionsof the Condominium Documents. The reliefsetforthin thissection
may be by summary proceeding. The Associationmay hold both the tenantand
theco-owner liableforany damages to the General Common Elements caused bythe co-owner or tenant in connection with the condominium unit or the
Condominium.
d. When a co-owner is in arrearageto 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 rentalagreement, and the tenant,after
receivingthe notice,shalldeduct from rentalpayments due the co-owner the arrearageand futureassessments as they falldue and pay them to the Association. The deduction
shallnot be a breach of the rentalagreement or leaseby the tenant.Any tenantfailingto
make such payments afterreceivingwrittennotice from the Association shallbecome
personallyliablefor theirpayment to the Association and the Association may do the
following:
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(1) Issue a statutorynotice to quit for non-payment of rent to the
tenantand shallhave therightto enforcethatnoticeby summary proceedings.
(2) Initiateproceedingspursuantto subsectiond(3)hereinabove.
Section3. No co-owner shall make alterationsin exteriorappearance or make
structuralmodificationsto his condominium unit (includinginteriorwalls through or in which
thereexisteasements forsupport or utilities)or make changes in any of the Common Elements,
(whether Limited Common Elements or General Common Elements), without the express
advance writtenapproval of the Board of Directors,including(but not by way of limitation)
exteriorpaintingor the erectionof antennas (except,within a unit,or,within a Limited Common
Element adjacentto a unit,when done in compliance with Federal Communication Commission
Rules),lights,aerials,flags,awnings, doors,windows, sky lights,shutters,newspaper holders,
mailboxes, basketballbackboards, or other exteriorattachmentsor modifications,nor shallany
co-owner damage or make modificationsor attachments to Common Element walls between
unitswhich in any way impairs sound-conditioningprovisions. The Board of Directorsmay
approve replacement of doors and windows and only such othermodificationsas do not impair
the soundness, safety,utility,or harmonious appearance of the Condominium. No co-owner
shallin any way restrictaccess to any plumbing, water line,water linevalves,water meter,
sprinklersystem valves or any other element that must be accessibleto serve the Common
Elements or any element which affectsan Associationresponsibilityin any way. Should access
to any facilitiesof any sort be required,the Association may remove any coverings or
attachmentsof any naturethatrestrictsuch access and willhave no responsibilityforrepairing,
replacingor reinstallingany materials,whether or not installationthereofhas been approved
hereunder,thatare damaged in the course of gaining such access,nor shallthe Association be
responsiblefor monetary damages of any sort arisingout of actionstaken to gain necessary
access. This provisionshallnot in any way limitthe rightsof the Developer to develop and
constructthe Condominium and make alterationsas partof such development.
Section4. No noxious, improper, unlawful,or offensiveactivityshallbe carriedon
in any condominium unitor upon the Common Elements, limitedor general,nor shallanything
be done which may be or become an annoyance or a nuisance to the co-owners of the
Condominium, includingsmoking, where the smoke infiltratesan adjoiningunit,nor shallany
unreasonably noisy activitybe carriedon in any unitor on the Common Elements. No garage
salesshallbe permittedon any unitor on the Common Elements, except when done with the sale
of the residenceand then such saleshallbe limitedto two (2)days in duration,and in no event
shallany such salebe conducted on any General Common Elements. No co-owner shalldo or
permit anything to be done or keep or permit to be kept in his condominium unit or on the
Common Elements anything thatwillincreasethe rateof insuranceon the Condominium, and
each co-owner shallpay to the Associationthe increasedcostof insurancepremiums resulting
from any such activityor the maintenance of any such condition,whether approved or not by the
Association.
Section5. Subject to the provisionsin thisSection5, co-owners shallbe entitled
to keep a maximum of three(3)petsof a domestic nature(i.e.,ordinaryhousehold pets)thatwill
residewithin the dwelling constructedwithin theirunits.No pet or animal may be kept or bred
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for any commercial purpose. Farm animals,largeamphibians, snakes,birds of prey, or other
"exotic"petsarenot permitted.All petsshall.be-maintainedin compliance with City ordinances.
Pets shallhave such careand restraintso as not tobe obnoxious or offensiveon account of noise,
odor or unsanitary conditions. No dog which barks and can be heard on any frequent or
continuingbasis shallbe kept in any unit or on the Common Elements. In the event an co-
owner's pet causesunnecessary and unreasonable disturbanceor annoyance to otherowners, one
or more, and such co-owner filesa writtencomplaint with the Associationspecifyingthe cause
of such disturbanceor annoyance, the Board of Directors,afternotice and opportunity for
hearingbeforetheBoard to the co-owner keeping thepet,may, ifitdeterminesthatsuch pet isin
factcausing unnecessary and unreasonable disturbanceor annoyance, requirethe co-owner to
remove the pet from his unit and the Condominium or impose such other restrictionson the
keeping of such pet as are reasonable. No pet may be permittedto run loose atany time upon
otherunitsor in Common Elements, and any pet shallat alltimes be leashed and attendedby
some responsibleperson while on the Common Elements. No dog houses, invisiblefences,or
unattendedtetheringof dogs shallbe permittedon theGeneral Common Elements. No savage or
dangerous pet shallbe kept,and any co-owner who causes any pettobe brought or kept upon the
Condominium shallimmediately indemnify and hold harmless the Association for any loss,
damage or liabilitywhich the Associationmay sustainas a resultof the presence of such pet on
the premises,whether or not the Associationhas given itspermission therefor.Each co-owner
shallbe responsiblefor collectionand dispositionof allfecal matters disposed by any pet
maintained by such co-owner. The Associationmay, without liabilityto the co-owner thereof,
remove or cause to be removed any pet from the Condominium which itdetermines to be in
violationof the restrictionsimposed by thissection. The Association shallhave the rightto
requirethatany pets be licensedwith Washtenaw County and registeredwith the Association
and may adopt such additionalreasonablerulesand regulationswith respectto animals as itmay
deem proper. In the event of any violationof this Section,the Board of Directors of the
Association may assess finesfor such violationin accordance with ArticleXIX of these By-
Laws and inaccordance with duly adopted rulesand regulationsof theAssociation.
The Association may charge all co-owners maintaining pets a reasonable additional
assessment to be collectedin themanner provided inArticleIIof theseBy-laws inthe event that
the Association determines such assessment necessary to defray the maintenance cost to the
Associationof accommodating petswithin the Condominium. Initiallythischarge shallbe Ten
Dollars($10.00)per uniteach month fora dog. The Associationshallhave therightto requirethatany petsbe registeredwith itand may adopt such additionalreasonablerulesand regulationswith respectto pets as itmay deem proper. In the event of any violationof thissection,the
Board of Directorsmay assessfinesforsuch violationin accordance with theseBy-Laws and in
accordance with duly adopted rulesand regulationsof theAssociation.
Section6. The Common Elements, limitedor general,shallnot be used forstorageof
supplies,materials,personal property,firewood, or trashor refuseof any kind, which shallbe
storedin enclosed garages or as otherwiseprovided in duly adopted rulesand regulationsof the
Association. Trash receptaclesshallbe maintained in areasdesignatedthereforat alltimes and
shallnot be permitted to remain elsewhere on the Common Elements except for such short
periods of time as may be reasonably necessary to permit periodic collectionof trash. The
Common Elements shallnot be used in any way forthe drying,shaking or airingof clothingor
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otherfabrics.All portionsof window treatments,including,but not limitedto,curtains,drapes,
blindsand shades,visiblefrom the exteriorof any unitshallbe made of or linedwith material
which iswhite or off-whitein color.Automobiles may only be washed in areasapproved by the
Association. In general,no activityshallbe carriedon nor conditionmaintained by any co-
owner, eitherin his condominium unit or upon the Common Elements, which spoils the
appearance of theCondominium.
Section7. Sidewalks, yards, landscaped areas, driveways, access drives,parking
areas,porches,hallways,stairs,and lobbiesshallnot be obstructedin any way nor shallthey be
used forpurposes otherthan forwhich they arereasonably and obviously intended.No bicycles,
vehicles,chairs,or benches (otherthan those shown as permanent benches on Exhibit"B") may
be leftunattendedon or about theCommon Elements.
Section8. No traveltrailers,motor homes, commercial vehicles,boat trailers,boats,
camping vehicles,camping trailers,motorcycles,all-terrainvehicles,snowmobiles, snowmobile
trailers,recreationalvehicles,or vehiclesotherthan motor vehiclesused primarilyforpersonal
transportationmay be parked or storedupon the premises of the Condominium unless stored
fullyenclosed within a garage or parked in an area specificallydesignated thereforby the
Association;provided,however, thattemporary parking of motorcycles forguestsof a co-owner
is permitted in areas where motor vehicles used primarily for personal transportationare
permitted to park. No inoperativevehicles of any type may be brought or stored upon the
Condominium premises eithertemporarily or permanently. Commercial vehicles and trucks
shallnot be parked in or about the Condominium (except as above provided) unless while
making deliveriesor pickups in the normal course of business. All automobiles shallbe parked
overnightin garages or on the Limited Common Element parking space in frontof each garage,
except where a co-owner maintains more than two (2) automobiles, in which event one (1)automobile only may be parked in the duly designatedbut 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 (2)automobiles by a number of co-owners, the Associationmayallocateor assignparking spaces from time to time on an equitablebasis.Maintenance of more
than two (2) automobiles in the Condominium by the occupants of any one (1) condominium
unit shallbe prohibited,except with the revocable writtenapproval of the Association in the
event space isreasonably availabletherefor.Co-owners shall,ifthe Associationshallrequire,
registerwith theAssociationallautomobilesmaintained on the Condominium premises.
Section9. No co-owner shall use or permit the use by any occupant, agent,
employee, invitee,guest,or member of his family of any firearms,airrifles,pelletguns, B-B
guns, bows and arrows, slingshots,or other similardangerous weapons, projectilesor devices
anywhere on or about the Condominium premises.
Section 10. Stormwater detention basins/ponds in the development shall be for
detentionand othersuch similarfunctionalpurposes only and shallnot be utilizedforswimming,
bathing,wading, boating,fishing,sailing,iceskating,or otherrecreationalor similarpurposes.
Section 11. No signsor otheradvertisingdevices shallbe displayedwhich are visible
from the exteriorof a condominium unitor on the Common Elements, excluding "forsale"signs
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which shallnot exceed six (6)square feetin area per side,without writtenpermission from the
Association,and,during the Constructionand SalesPeriod,from the Developer, and which shall
alsobe in compliance with any signordinanceof theCity.
Section12. Reasonable regulationsconsistentwith theAct, the Master Deed and these
By-Laws concerning the use and enjoyment of the condominium unitsand Conunon Elements
may be made and amended from time to time by any Board of Directorsof the Association,
includingthe firstBoard of Directors(or itssuccessorselectedby the Developer) priorto the
firstannual meeting of the entireAssociationheld as provided in ArticleI,Section 6, of these
By-Laws. Copies of allsuch regulationsand amendments theretoshallbe furnishedto allco-
owners and shallbecome effectivethirty(30) days aftermailing or deliverythereof to the
designatedvoting representativeof each co-owner. Any such regulationor amendment may be
revoked atany time by the affirmativevote of more than fiftypercent (50%) of allco-owners in
number and in value. Such rulesmay not be appliedto limitthe Developer's construction,sales
or rentalactivities.
Section 13. The Association or itsduly authorizedagents shallhave access to each
condominium unitfrom time to time during reasonableworking hours and upon noticeto the co-
owner thereofas may be necessary for the maintenance, repairor replacement of any of the
Common Elements. The Associationor itsagents shallalsohave access to each condominium
unit at alltimes without notice as may be necessary to make emergency repairsto prevent
damage to thatcondominium unit,the Common Elements or to another condominium unit. It
shallbe the responsibilityof each co-owner to provide the Association means of access to his
condominium unitduring allperiodsof absence and, inthe event of the failureof such co-owner
to provide means of access, the Association may gain access in such manner as may be
reasonableunder the circumstancesand shallnot be liableto such co-owner for any necessary
damage to hiscondominium unitcairsedthereby or forrepairor replacement of any doors,locks
or windows damaged in gainingsuch access.
Section 14. No co-owner shallperform any landscaping or plant any trees,shrubs or
flowers or place any ornamental materialsupon the Common Elements except in such co-
owner's patioor deck area appurtenantsolelyto hisunitwherein landscaping and ornamentation
shallbe installedand maintained by the co-owner with the approval of materialsand design bythe Association. The Board of Directorsmay also designatesuch other areas adjacentto each
unitwherein a co-owner may installapproved landscaping.
Section 15. Use of motorized vehiclesanywhere on the Condominium premises other
than passenger cars,authorizedmaintenance vehiclesand commercial vehiclesas provided in
Section 8 isprohibited.Overnight parking on any internalaccess drivein the Condominium is
prohibited. The Board of Directors may, by duly adopted regulations,make reasonable
exceptionsto thissection.
Section 16. No unsightlyconditionshallbe maintained on any balcony,deck or patioor any otherplacewhich isvisiblefrom the streetor otherCommon Elements, and only furniture
and equipment consistentwith ordinarybalcony, deck or patiouse shallbe permittedto remain
thereduring seasons when balconies,decks or patiosarereasonably in use, and no furnitureor
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equipment of any kind shallbe stored on balconies,decks or patios during seasons when
balconies,decks or patiosarenot reasonablyinuse.
Section17. Each co-owner shallmaintain his condominium unit and any Limited
Common Elements appurtenanttheretofor which he has maintenance responsibilityin a safe,
clean and sanitarycondition. Each co-owner shallalsouse due care to avoid damaging any of
the Common Elements, including,but not limited to, the telephone, water, gas, plumbing,
electrical,or otherutilityconduitsand systems and any other elements in a condominium unit
which are appurtenantto or which may affectany othercondominium unit.Each co-owner shall
be responsiblefor damages or coststo the Association resultingfrom negligentdamage to or
misuse of any of the Common Elements by him or hisfamily,guests,tenants,agents,or invitees
unlesssuch damages or costsare covered by insurancecarriedby theAssociation,in which case
there shallbe no such responsibility(unlessreimbursement to the Associationis excluded by
virtueof a deductibleprovision,inwhich case theresponsibleco-owner shallbear the expense to
the extentof the deductibleamount). This shallinclude damage caused to otherunitsin the
Condominium due to water leaking from plumbing fixtures. Any costs or damages to the
Association may be assessed to and collectedfrom the co-owner in the manner provided in
ArticleIIhereof. Each co-owner, whose use of a unit requiresadditionalfireratingor a fire
suppressionsystem, shallbe responsibleforallexpenses incurredwith regard theretowithin his
unit,as well as in adjacentunits,as shallbe deemed necessary by the City of Dexter Building
and Fire Departments. Each 8-unitbuildingin the Projectwillhave a Fire Suppression System
throughout thebuilding.
Section 18. None of the restrictionscontained in thisArticleVI shallapply to the
commercial activitiesor signs,ifany,of the Developer during the Constructionand SalesPeriod
as hereinafterdefined,or of the Associationin furtheranceof itspowers and purposes setforth
hereinand in itsArticlesof Incorporationand By-Laws, as the same may be amended from time
to time. For the purposes of thissection,the Constructionand Sales Period shallbe deemed to
continueso long as theDeveloper owns any condominium unitwhich itoffersforsale.Untilall
condominium unitsin the entireCondominium are sold by the Developer, the Developer shall
have the right to maintain a sales office,a business office,a constructionoffice,model
condominium units,storage areas,reasonable parking incidentalto the foregoing,and such
accessto,from and over the Condominium as may be reasonableto enable constructionand sale
of the entireCondominium by the Developer, provided the Developer obtains allrequired
permits from the City. The Developer shallpay allcostsrelatedto the condominium unitsor
Common Elements while owned by the Developer, and restorethe facilitiesto habitablestatus
upon terminationof use.
Section 19. The Condominium shallatalltimes be maintained in a manner consistent
with thehigheststandardsof a beautiful,serene,private,residentialcommunity forthebenefitof
the co-owners and allpersons interestedin the Condominium. If at any time the Association
failsor refusesto carryout itsobligationto maintain,repair,replaceand landscape in a manner
consistentwith themaintenance of such high standards,then Developer, or any entityto which it
may assign thisright,at itsoption,may electto maintain,repairand/or replaceany Common
Elements and/orto do any landscapingrequiredby theseBy-Laws and to charge the costthereof
totheAssociationas an expense of administration.The Developer shallhave therightto enforce
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these By-Laws throughout the Constructionand Sales Period,which rightof enforcement shall
include (without limitation)an action to restrainthe Association.orany co-owner from any
activityprohibitedby theseBy-Laws.
Section20. All co-owners, theirtenantsand invitees,shallmaintain the heat in their
unitsto a minimum of 55 degrees because of the danger of freezingwater pipes thatwould
damage the Common Elements. For securityand aestheticreasons,garage doors shallremain
closedatalltimes except as may be reasonablynecessary to gain accessto and from any garagewhen the garagesarenot inactiveuse.
Section21. The Developer reserves the right,within its sole discretion,to grant
modification,adjustments,or otherrelieffrom the restrictionsin ArticleVI on a case by case
basisforspecificunits;provided,however, thatthe Developer has no authorityto grantvariances
from the applicableCity ordinances and/or the Development Agreement. To the extentthat
restrictionscontained in ArticleVI are more restrictivethan the applicableCity ordinances
and/or the Development Agreement, the Developer may grant modification,adjustments,or
otherrelieffrom such restrictions,but only in the manner thatis consistentwith the applicable
City ordinanceand/ortheDevelopment Agreement.
Section22. The storm water management maintenance plan and two (2) schedules
attachedhereto on pages 56 through 58, inclusive,are for the maintenance of items within the
storm water drainage and detention area system as approved by the City. The respective
responsibilitiesof theDeveloper and theAssociationaresetforththerein.
ARTICLE VII
MORTGAGES
Section 1. Any co-owner who mortgages his condominium unit shallnotify the
Associationof the name and address of the mortgagee, and the Associationshallmaintain such
information in a book entitled"Mortgages of Units." The Association shall,at the written
requestof a mortgagee of any such unit,which shallprovide itsname and address,and the unit
number or address of the unit on which ithas a mortgage, give written notificationto the
mortgagee of any such condominium unitof any defaultby the co-owner of such condominium
unitintheperformance of hisobligationsunder the Condominium Documents which isnot cured
within sixty(60)days.
Section2. The Associationshallnotifyeach mortgagee appearingin saidbook of the
name of each company insuringthe Condominium againstfire,perilscovered by "allrisk"
propertycoverage,fidelitycoverage,publicliability,and vandalism and maliciousmischief,and
the amount of such coverage, as well as of any lapse,cancellationor materialmodificationof
any insurancepolicyor fidelitybond maintained by theAssociation.
Section3. The Association shall give written notificationto each mortgagee
appearing in said book at leastthirty(30) days prior to the effectivedate of any change of
manager (notincludingchange in employees of a corporatemanager) of the Condominium.
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Section4. Any mortgagee which acquirestitleto a condominium unitpursuantto the
remedies provided inthemortgage or foreclosureof themortgage or deed (orassignment) inlieu
of foreclosureshallbe exempt from any "rightof firstrefusal"contained in the Condominium
Documents and shallbe freeto sellor lease such unit without regard to any such provision,
althoughno such provisionexistsatthepresenttime.
Section5. Whenever a ballotrequirement appearsin theseBy-Laws forthebenefitof
a mortgagee which requires a ballotin support of or against a proposal submitted by the
Association,themortgagee shallrespond within ninety(90)days of mailing of saidnoticeor the
lackof responsetheretoshallbe deemed as approval of theproposal.
Section6. Upon writtenrequestsubmitted to theAssociation,any institutionalholder
ofa firstmortgage lienon any unitinthe Condominium shallbe entitledtoreceivewrittennotice
of allmeetings ofmembers of the Associationand to designatea representativeto attendallsuch
meetmgs.
Section7. Notwithstanding any other provisionsof the Condominium Documents,
the holder of any firstmortgage covering any condominium unit in the Condominium which
comes into possession of the condominium unit pursuant to the remedies provided in the
mortgage orby deed (orassignment)inlieuof foreclosure,or any purchaserata foreclosuresale,
shall take the property free of any claims for unpaid assessments or charges against the
mortgaged condominium unit which accrue priorto the time such holder acquirestitleto the
condomimum unit.
Section8. The Associationshallgive the FederalHome Loan Mortgage Corporation,
the Federal National Mortgage Association and all other mortgagees of record notice (c/o
Servicerat Servicer'saddress)in writingof any lossto or the taking of the Common Elements
and relatedfacilitiesof the Condominium ifsuch lossor taking exceeds Ten Thousand Dollars
($10,000.00),or damage to a condominium unitcovered by a mortgage purchased in whole or in
part by the Federal Home Loan Mortgage Corporation, the Federal National MortgageAssociationor any othermortgagee ifsuch damage exceeds One Thousand Dollars($1,000.00).This sectionshallapply only if the Federal Home Loan Mortgage Corporation,the Federal
NationalMortgage Associationor any othermortgagees hold a mortgage on a condominium unit
inthe Condominium and have given noticeof thisownership to theAssociation.
Section9. Nothing containedin the Condominium Documents shallbe construed to
give a co-owner or any otherpartypriorityover any rightsof firstmortgagees of condominium
unitspursuanttotheirmortgages incases of a distributionto co-owners of insuranceproceeds or
condemnation awards forlossestoor takingof condominium unitsand/orCommon Elements.
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ARTICLE VIII
AMENDMENTS
Section1. Amendments to these By-Laws may be proposed by the Board of
Directorsof theAssociationactingupon the vote of themajorityof the Directorsor by one-third
(1/3)or more innumber of the co-owners voting inperson or by instrumentin writingsigned bythem. Upon any such amendment being proposed, a meeting forconsiderationof the same shall
be duly calledinaccordance with theprovisionsof theAssociationBy-Laws.
Section2. These By-Laws may be amended by an affirmativevote of a majority of
the Board of Directors,provided thatsuch amendments do not materiallyalteror change the
rightsof co-owners, mortgagees or other interestedparties,and to keep these By-Laws in
compliance with theAct.
Section3. These By-Laws may be amended by theAssociation,atany regularannual
meeting or a specialmeeting calledforsuch purpose,by an affirmativevote of two-thirds(2/3)of allco-owners in number and in value. No consent of mortgagees shallbe requiredto amend
these By-Laws, except as otherwise provided in Section 90a of the Act, in which event the
approval of two-thirds(2/3)of the firstmortgagees shallbe required,with each mortgagee to
have one (1)vote for each unit covered by itsmortgage. Any mortgagee ballotsnot returned
within ninety(90) days of mailing shallbe counted as approval forthe change. The affirmative
vote of two-thirds(2/3)of co-owners isconsideredtwo-thirds(2/3)of allthe co-owners entitled
to vote as of therecorddate forsuch votes. A person causing or requestingan amendment tothe
Condominium Documents shallbe responsibleforcostsand expenses of the amendment exceptfor amendments based upon a vote of a prescribedmajority of co-owners or based upon the
Advisory Committee's decision,the costsof which areexpenses of administration.
Section4. These By-Laws may be amended by theDeveloper, without approval from
any co-owner ormortgagee, tokeep theseBy-Laws in compliance with theAct and to make such
other amendments to these By-Laws as do not materiallyalteror change the rightsof any co-
owner or mortgagee.
Section5. A copy of each amendment to these By-Laws shallbe recorded in the
Office of the Washtenaw County Registerof Deeds and shallbe furnishedto every member of
the Associationafteradoption;provided,however, thatany amendment to theseBy-Laws thatis
adopted in accordance with thisArticleshallbe binding upon allpersons who have an interestin
the Condominium irrespectiveof whether such persons actuallyreceived a copy of the
amendment.
Section6. Eligiblemortgage holders,those holdersof a firstmortgage on a unitwho
have requestedtheAssociationto notifythem on any proposed actionthatrequiresthe consent of
a specifiedpercentage of eligiblemortgage holders,also shallhave the rightto join in the
decisionmaking about certainamendments tothe Condominium Documents.
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Section7. Any amendment to these By-Laws (but not the Association By-Laws)shallbecome effectiveupon recordingsuch amendment in the Officeof the Washtenaw County
Registerof Deeds. Without the priorwrittenapproval of two-thirds(2/3)of allinstitutional
holdersof firstmortgage lienson any unitintheCondominium, no amendment totheseBy-Lawsshallbecome effectivewhich involve any change, director indirect,in ArticleI,Sections3 and
4b, ArticleII,Sections3a and 4, ArticleIV, Section Id,ArticleV, Sections 1,4 and 8, Article
VII, Sections1,4, 7, 8,and 9,ArticleVIII,Sections3 and 6,or ArticleXI, Section 1,or to anyotherprovisionhereofthatincreasesor decreasesthebenefitsor obligationsor materiallyaffects
the rightsof any members of the Association,as furtheridentifiedby Section 90a of the Act.
Any mortgagee ballotsnot returned within ninety (90) days of mailing shallbe counted as
approvalforthechange.
ARTICLE IX
COMPLIANCE
The Associationand allpresentor futureco-owners, tenants,futuretenants,or any other
persons acquiringan interestin or using the facilitiesof the Condominium in any manner are
subjectto and shallcomply with the Act, as amended, and the mere acquisition,occupancy or
rentalof any unit or an interestthereinor the utilizationof or entry upon the Condominium
premises shallsignifythatthe Condominium Documents are accepted and ratified.In the event
the Condominium Documents conflictwith theprovisionsof theAct, theAct shallgovern.
ARTICLE X
DEFINITIONS
All terms used herein shallhave the same meaning as setforthin the Master Deed to
which theseBy-Laws areattachedas an Exhibitor as setforthintheAct.
ARTICLE XI
REMEDIES FOR DEFAULT
Section1. Any defaultby a co-owner shallentitlethe Association or another co-
owner or co-owners tothefollowingrelief:
a. Failureto comply with any of theterms or provisionsof theCondominium
Documents shallbe grounds forrelief,which may include,without limitations,an action
to recover sums due for damages, injunctiverelief,foreclosureof lien if defaultin
payment of assessments,or any combination thereof,and such reliefmay be sought bytheAssociationor,ifappropriate,by an aggrieved co-owner or co-owners,
b. In any proceedings arisingbecause of allegeddefaultby a co-owner, the
Associationor the co-owner or co-owners bringing the legalaction,ifsuccessful,shall
recover the costsof the proceedings and actualattorney'sfees (not limitedto statutory
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fees),but in no event shallany defending co-owner be entitledto recover such attorney's
fees.
c. The violationof any of the provisionsof the Condominium Documents
shallalsogive the Association or itsduly authorizedagents the right,in additionto the
rightssetforthabove, to enterupon the Common Elements, limitedor general,or into
any condominium unitwhere reasonably necessary,and summarily remove and abate,at
the expense of the co-owner in violation,any structure,thing or condition existingor
maintained contraryto the provisionsof the Condominium Documents. The Association
shallhave no liabilityto any co-owner arisingout of the exerciseof itsremoval and
abatement power authorizedherein.
d. The violationof any of theprovisionsof the Condominium Documents by
any co-owner shallbe grounds forassessment by theAssociation,actingthrough itsduly
constitutedBoard of Directors,of monetary finesfor such violations.No finemay be
assessedunlessrulesand regulationsestablishingsuch finehave firstbeen duly adopted
by the Board of Directorsof the Associationand noticethereofgiven to allco-owners in
the same manner as prescribedin the AssociationBy-Laws. Thereafter,finesmay be
assessedonly upon noticeto the offendingco-owner as prescribedinthe AssociationBy-
Laws and afteran opportunityforsuch co-owner to appear before the Board no lessthan
seven (7)days from the date of the noticeand offerevidence in defense of the alleged
violation.All finesduly assessedmay be collectedin the same manner as provided in
ArticleIIof theseBy-Laws. No fineshallbe leviedforthe firstviolation.No fineshall
exceed FiftyDollars ($50.00) for the second violation,One Hundred Dollars ($100.00)
forthe thirdviolation,or be lessthan One Hundred Dollars($100.00)forany subsequentviolation.
The Association,actingthrough itsBoard of Directors,may increaseor decrease
the fineschedule setforthabove by Board resolutionaftergiving priorwrittennoticeto
the co-owners of the proposed change. The resolutionand a proof of noticeshallthen be
recordedinthe Washtenaw County Records and the new schedule shallbe effectiveupon
recording.
e. A co-owner may maintain an action against the Association and its
officersand Directorsto compel thesepersons to enforcethe terms and provisionsof the
Condominium Documents. In such a proceeding, the Association,ifsuccessful,shall
recover the costs of the proceeding and actualattorney'sfees (not limitedto statutory
fees). A co-owner may maintain an action againstany other co-owner for injunctivereliefor fordamages or any combination thereoffornoncompliance with the terms and
provisionsof the Condominium Documents or theMichigan Condominium Act.
f. The failureof the Association or of any co-owner to enforce any right,
provision,covenant,or conditionwhich may be grantedby the Condominium Documents
shallnot constitutea waiver of the rightof the Associationor of any such co-owner to
enforcesuch right,provision,covenant,or conditioninthefuture.
Page |544845-7046-8160.2074553\000999
g. All rights,remedies and privilegesgranted to the Associationor any co-
owner or co-owners pursuant to any terms, provisions,covenants,or conditionsof the
aforesaidCondominium Documents shallbe deemed to be cumulative,and the exercise
of any one (1) or more shallnot be deemed to constitutean electionof remedies, nor
shallitpreclude the party thus exercisingthe same from exercisingsuch other and
additionalrights,remedies or privilegesas may be availableto such party at law or in
equity.
ARTICLE XII
RIGHTS RESERVED TO DEVELOPER
Any or all of the rights and powers granted or reserved to the Developer in the
Condominium Documents or by law, includingthe rightand power to approve or disapprove any
act,operation,benefit,purpose,or proposed actionor any othermatteror thing,may be assigned
by itto any otherentityor to theAssociation.Any such assignment or transfershallbe made by
appropriateinstrumentin writingduly recorded in the Officeof the Washtenaw County Registerof Deeds in which the assignee or transfereeshalljoin for the purpose of evidencing its
acceptance of such powers and rights,and such assigneeor transfereeshallthereupon have the
same rightsand powers as hereingiven and reservedto the Developer. Any rightsand powersreserved by or granted to the Developer or itssuccessorsshallterminate,and those rightsand
powers shallautomaticallybe assignedas a matter of law to theAssociation,atthe conclusionof
one (1) year afterthe end of the Construction and Sales Period as defined in ArticleI of the
Master Deed. The immediately preceding sentencedealingwith the terminationof certainrightsand powers grantedor reservedto theDeveloper isintendedto apply,insofaras theDeveloper is
concerned, only to the Developer's rightsto approve and control the administrationof the
Condominium and shallnot, under any circumstances,be construed to apply to or cause the
terminationand expirationof any realpropertyrightsgrantedor reservedto the Developer or its
successorsand assignsin the Master Deed or elsewhere (including,but not limitedto,access
easements, utilityeasements and allother easements createdand reserved in such documents
which shallnot be terminable in any manner hereunder and which shallbe governed only in
accordance with theterms of theircreationor reservationand not hereby).
ARTICLE XIII
SEVERABILITY
In the event that any of the terms, provisions or covenants of these By-Laws or the
Condominium Documents are held to be partiallyor wholly invalidor unenforceable for anyreason whatsoever, such holding shall not affect,alter,modify, or impair in any manner
whatsoever any of the otherterms,provisionsor covenants of such documents or the remaining
portionsof any terms,provisionsor covenants held tobe partiallyinvalidor unenforceable.
Page [554845-7046-8160.2074553\000999
STORM WATER MANAGEMENT SYSTEM MAINTENANCE PLAN
1. RESPONSIBILITY FOR MAINTENANCE
a. During constructionitis the Developer's responsibilityto perform the
mamtenance.
b. Following construction,itwill be the responsibilityof the Grandview
Commons Condominium Association (the "Association") to perform the
mamtenance.
c. The Master Deed willspecifythatroutinemaintenance of the storm water
facilitiesmust be completed within fourteen (14) days of receiptof written
notificationthatactionisrequired,unlessotheracceptablearrangements aremade
with the City. Should the Association failto act within thistime.frame, the
Associationmay perform the needed maintenance and assessthe costsagainstthe
Associationor theindividualunitowners.
2. SOURCE OF FINANCING
a. During constructionthe cost of maintenance tasks is included as part of
thesoilerosioncontrolmeasures which are a partof thecontractor'sbid.
b. After constructionthe Associationwillassessitsmembers (allowners of
units in the site condominium) to pay for all maintenance activitieson a
continuingbasis.
3. MAINTENANCE TASKS AND SCHEDULE
a. See the chartson the next two pages: The firstdescribesmaintenance
tasksduring constructionto be performed by the developer,the second describes
maintenance taskstobe performed by theAssociation.
b. Before turning any portion of the project over to the Association,the
Developer will have the storm water management system inspected by an
engineer to verify grades of the detention and filtrationareas and make
recommendations forany necessarysediment removal.
Page ]564845-7046-8160.2074553\000999
MAINTENANCE
TAEKS
AND
SCI:EDULE
TASKS:
SCHEDULES:
Inspect
for
sediment
accumulation
Weekly
Removal
of
sediment
accumulation
As
needed*
&
prior
to
>
turnover
e
Inspect
for
floatables
and
debris
M
8
8
M
8
M
8
8
Quarterly
Cleaning
of
floatables
and
debris
Quarterly
and
atturnover
Inspection
for
erosion
M
8
M
M
8
M
Weekly
Reestablished
permanent
vegetation
on
eroded
As
needed
and
prior
slopesReplacement
of
gravel
filers
8
As
needed*
Mowing
8
8
M
8
0to
2times
per
year
)**(O
Inspect
structural
elements
during
wet
weather
Annually
and
at
turnover
2
and
compare
to
as-built
plans
(by
a
e
professional
engineer
reporting
to
the
Developer)Make
adjustments
or
replacements
as
As
needed
M
determmation
by
pre-turnover
inspection
*"As
needed"
means
when
sediment
has
accumulated
to
amaximum
of
one
foot
depth.
MAINTENANCE
"'ASKS
AND
SCHADULE
TASKS:
SCHEDULE:
Inspect
for
sediment
accumulation
M
8
8
Annually
Removal
ofsediment
accumulation
8
M
8
Every
5-10
years
asneeded
Inspect
for
floatables
and
debris
M
8
M
M
8
Annually
Cleaning
offloatables
and
debris
M
M
8
8
M
Annually
Inspection
for
erosion
8
M
8
8
8
8
Annually
Reestablish
permanent
vegetation
on
eroded
slopes
M
M
M
M
As
needed
Replacement
ofgravel
filters
8
Every
3-5
years
asneeded
Mowing
8
M
8
8
0to2times
per
year
Inspect
structural
elements
during
wet
weather
and
compare
toas-built
plans
(by
Annually
aprofessional
engineer
reporting
tothe
GCCA)
Make
adjustments
orreplacements
asdetermined
by
actual
wet
weather
As
needed
inspectionKeep
records
ofall
inspection
and
maintenance
activities
and
report
toGCCA
Annually
Keep
records
ofall
costs
for
inspections,
maintenance
and
repairs.
Report
to
Annually
GCCAGCCA
reviews
cost
effectiveness
ofthe
preventative
maintenance
program
and
Annually
makes
adjustments
asneeded
GCCA
tohave
aprofessional
engineer
carry
out
emergency
inspection
upon
As
needed
identification
ofsevere
problems
GCCA
=Grandview
Commons
Condominium
Association
EXHIBIT B
GRANDVIEW COMMONS
CONDOMINIUM SUBDIVISION PLAN
WASHTENAW
COUNTY
CONDOMINIUM
sronusswansassummo.10sscaterlom:
..
Arranon:counwanessmnowareas
TOGETHER
WTHA20
FOOT
WIDE
STORM
SEWER
EASEMENT
BE1NG
PARTOFTHE
SOUTHEAST
THE
CONDOMINIUM
SUBDiviSION
PLAN
NUMBER
MUSTBE
ASSIGNEDIN
CONSECUTIVE
SION
P
LAN
NOS
UBDIVI
ONE-QUARTEROF
SECTION6,
TOWN2
SOUTH,
RANGE.5
EAST.
CITYOF
DEXTER,
WASHTENAW
SEQUENCE.
WHENA
NUMBER
.HAS
BEEN
ASSfGNEDTO
THIS
PROJECT,IT
MUSTBE
,
COUNTY,
MICHIGAN,.
BEING
FURTHER
DESCRIBEDAS:
PROPERLY
SHOWNINTHE
TITLE.
SHEET1,
AND
THE
SURVEYOR'S
CERTIFICATE.
SHEET2.
EXHIBIT
B
TO
THE
MASTER
DEED
OF
convenesseasmesoursone-ausermcommorseasone.rows2sours.unces
EAST,
CITYOF
DEXTER.
WASHTENAW
COUNTY,
MICHIGAN;
THENCE
N8856'OJ"E
285.06
FEET
ALONG
COVER
SHEET
NOTE:
THE
SOUTH
LINEOF
5A1D
SECTION6TOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WDE):
THIS
CONDOMINIUM
SUBD1MS10N
PLANIS
NOT
REQUIREDTO
CONTAiN
DETAILED
PROJECT
THENCE
N000321"W
2289.64
FEET
ALONGTHE
WEST
L1NE01"
BAKER
ROAD(99
FEET
WIDE)*
DESIGN
PLANS
PREPAREDBYTHE
APPROPRIATE
LICENSED
DES1GN
PROFESSONAL.
SUCH
THENCE
N893636"W
297.99
FEET:
THENCE
50019'30"W
119.25
FEET;
THENCE
N79'89'OO'W
1.95
PROJECT
DESIGN
PLANSARE
FILED,AS
PARTOF
THE
CONSTRUCTION
PERMIT
APPLICATION,
GRAND
VIEW
COMMONS
es,,
.....
son,-
o-w
2,..s
ever
verse,
sers..,a-w
20s.os
seen
remes
soone2-w
..vers,
evanelso
nomovros
ses
save
coursues,as
cooe,ssee
necess,
296.19
FEET:
THENCE
N16'4343"W
38.78
FEET;
THENCE
N48'S4'09"W
37.61
FEET;
THENCE
GOVERNMENTAL
SUBDIVISiON.
THE
ENFORCING
AGENCY
MAYBEA
LOCAL
BUILDING
NZT3700"E
73.77
FEET:
THENCE
5450022"E
103.00
FEETTOTHE
POINTOF
BEGINNING,
THENCE
DEPARTMENTORTHE
STATE
DEPARTMENTOF
LICENSING
AND
RECULATORY
AFFAIRS.
N4201'00"E
77.35
FEET:
THENCE
N3039'36"E
67.30
FEET:
THENCE
N42'01'OO"E
222.44
FEETTO
-g**\f
gy(
p[*
\f-p*t-
\AlA
I_i'T
AH/
II
"|*
THE
.SOUTH
LINEOF
GRAND
STREET(99
FEET
H1DE);
THENCE
S4TS9'00"E
20.00
FEET
ALONG
SAID
PEDESTRIAN
NO.1
DESCRIPTION:
II[
LA[
L./1../\II.,
VYM
III
MVV
L1
I.,
SOUTH
UNE,OF
GRAND
STREET(99
FEET
WDE);
THENCE
S42'OT'OD"W
220,48
FEET:
THENCE
TOGETHER
WITHA10
FOOT
WIDE
PEDESTREAN
EASEMENT
BEING
PARTOFTHE
SOUTHEAST
5303935"W
67.30
FEET:
THENCE
S42'O1'00"W
79.33
FEET:
THENCE
N48'00'22"W
20.00
FEETTO
ONE-QUARTEROF
SECTION6,
TOWN2
SOUTH,
RANGE5
EAST,
CITYOF
DEXTER,
MICHIGAN
ruenooror
sensesso.
wasuresaw
couary.
unculosu.
=.so
roames
oescalesos.
DEVELOPER;
STORM
SEWER
EASEMENT
NO.2
DESCRIPTION:
couumciNcATTHE
sourn
ONE-ouARTER
coRNEROF
sEcTION5.
rowN2
sourn.
RANGE
MMB
EQUITIES.LLC
TOGETHER
WITHA
20-FOOT
WDE
STORM
SEWER
EASEMENT
BEING
PARTOFTHE
SOUTHEAST
5
EAST,
CITYOF
DEXTER.
WASHTENAW
COUNTY,
MICHIGAN:
THENCE
N8858'O3"E
285.06
7444
DEXTER-ANN
ARBOR
ROAD,
SUITEF
ONE-QUARTEROF
SECTION6.
TOWN2
SOUTH,
RANGE5
EAST,
CITYOF
DEXTER,
WASHTENAW
FEET
ALONGTHE
SOUTH
LINEOF
SAID
SECTION6TO
THE
WEST
LINEOF
BAKER
ROAD(99
DEXTER,
MICHIGAN
48130
COUNTY,
MICHIGAN,
BEING
FURTHER
DESCRIBEDAS.
FEET
WDE);
THENCE
NO003'21"W
2289.64
FEET
ALONCTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WDE);
THENCE
N89
36'36"W
297.99
FEET;
THENCE
50019'3O'W
119.25
FEET;
THENCE
PROPERTY
DESCRIPTION:
couuENcINGATTHE
soUTH
ONE-ouARTER
coRNEROF
sEcTioN6,
TowN2
souTH.
RANGE5
N79-as*oo"w
1.95
FEET:
THENcE
Nevis"ao"w
212.89
FEET:
THENcE
sa914'13"w
20s.oe
A
PARCELOF
LAND
SEING
PARTOFTHE
SOUTHEAST
ONE-QUARTEROF
SECTION6,
TOWN2
EAST,
CITYOF
DEXTER,
WASHTENAW
COUNTY,
MICHIGAN;
THENCE
N68'58'O3"E
28$.06
FEET
ALONG
FEET'
THENCE
NDOND'23"W
296.19
FEET;
THENCE
N16'43'43W
35.78
FEET;
THENCE
SOUTH.
RANGE5
CAST,
CITYOF
DEXTER,
WASHTENAW
COUNTY,
MICHIGAN.
BEING
FURTHER
THE
SOUTH
LINEOF
SAID
SECTIONBTOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WDE):
N48*S4'O9"W
37.61
FEET:
THENCE
NZ7"3700'E
73.77
FEETTOTHE
POINTOF
BECINNING;
DESCRIBEDAS:
THENCE
N0003'21'W
2289.64
FEET
ALONGTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
.WIDE):.
THENCE
CONTINU1NG
N373700"E
366.90
FEETTOTHE
SOUTH
UNEOF
GRAND
STREET(99
THENCE
N8935'36"W
297.99
FEET:
THENCE
500'19'30"W
119.25
FEET:
THENCE
N79"59'00"W
1.95
FEET
WDE);
THENCE
S4759'OO"E
to.03.FEET
ALONG
SAID
SOUTH
LINEOF
GRAND
STREET
COMMENCINGATTHE
SOUTH
ONE-GUARTER
CORNEROF
SECTroN6,
TOWN2
SOUTH,
RANGE5
FEET:
THENCE
N8919'30'W
272.69
FEET:
THENCE
5891413"#
205.08
FEET:
THENCE
NOO'10'23"W
(99
FEET
WDE)
THENCE
9373700"@
388.89
FEET:
THENCE
N4850'22"W
1003
FEETTO
EAST,
CITYOF
DEXTER.
WA5HTENAW
COUNTY.
MICHIGAN:
THENCE
N88'58'03"E
285.06
FEET
ALONG
298.19
FEET
THENCE
N1643'43"W
38.78
FEET;
THENCE
N4854'G9"W
37.51
FEET:
THENCE
THE
POINTOF
BEGINNING.
THE
SOUTH
LINEOF
SAID
SECTION5TOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WDE),
NZT3TOD"E
73.77
FEET;
THENCE
54B'00'22"E
305.51
FEET;
THENCE
N42
01'00"E
66.39
FEETTO
THENCE
N00*03'21"W
2289.64
FEET
ALONGTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE)TO
THE
POINTOF
BEGINNING:
THENCE
N49*36'53"W
12.99
FEET:
THENCE
N32
55'37"E
91.$7
FEET:
INGRESS/EGRESS
EASEMENT
NO,1
DESCRIPTFON:
THE
P01NTOF
BEGINNING;
THENCE
N89'36"36"w
297.99
FEET:
THENCE
SO019"30"W
119.25
FEET:
THENCE
5570423"E
20,00
FEET:
THENCE
532'5537"W
74.02
FEET:
THENCE
549"36'S3"E
21.69
TOGETHER
wiTHAN
INGRESS/EGRESS
EASEMENT
BEING
PARTOFTHE
SOUTHEAST
THENCE
N79'59'00"W
1.95
FEET:
THENCE
NB91930"W
212.69
FEET;
THENCE
SB914'13"W
206.08
FEET:
THENCE
$4201'OO'W
8.86
FEET;
THENCE
N4759'OO"W
25.57
FEET:
THENCE
S42'01'00'W
ONE-OUARTEROF
SECTION6,
TOWN2
SOUTH.
RANGE5
EAST,
CITYOF
DEXTER.
FEET:
THENCE
NOO'10'23"W
296.19
FEET:
THENCE
N16"43'43"W
38.78
FEET:
THENCE
N48'54'09"W
11.88
FEETTO
THE
POINTOF
BEGINNING.
WASHTENAW
COUNTY.
MICHIGAN.
BEING
FURTHER
DESCRISEDAS:
37.61
FEET
THENCE
N37'3700"E
73.77
FEET:
THENCE
54800'22"E
305.51
FEET:
THENCE
N42'01'OO"E
80.28
FEET;
THENCE.S4759'00"E
2567
FEET:
THENCE
N42'01
00"E
205.93
FEET;
SAN]TARYSEWER
EASEMENTNO.1
DESCRIPTION:
COMMENCINGATTHE
SOUTH
ONE-QUARTER
CORNEROF
SECTION6,
TOWN2
SOUTH,
RANGE
THENCE
S4759'OD"E
9.37
FEET;
THENCE
N42'OT'OO"E
79.50
FEETTOTHE
SOUTH
UNEOF
GRAND
TOGETHER
WTHA20
FOOT
WDE
SANITARY
SEWER
EASEMENT
BEING
PARTOFTHE
SOUTHEAST
5
EAST.
CITYOF
DEXTER,
WASHTENAW
COUNTY,
MICHIGAN;
THENCE
NBB'58'D3"E
285.06
STREET(99
FEET
WDE);
THENCE
54T59'00'E
291.64
FEET
ALONGTHE
SOUTH
LINEOF
GRAND
ONE-QUARTEROF
SECTION8,
TOWN2
SOUTH,
RANGE5
EAST.
CITYOF
DEXTER,
WASHTENAW
FEET
ALONGTHE
SOUTH
UNEOF
SAID
SECTION6TOTHE
WEST
LINEOF
BAKER
ROAD(99
STREET(99
FEET
WDE)TOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE):
THENCE
50003'21"E
COUNTY,
MFCHIGAN,
BEING
FURTHER
DESCRIBED,AS
FEET
WIDE);
THENCE
N00'03'21"W
228964
FEET
ALONG
THE
WEST
LINEOF
BAKER
ROAD(99
147.99
FEET
ALONGTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WOE)70
THE
POINTOF
FEET
WIDE);
THENCE
N89'36'36"W
297.99
FEET:
THENCE
500'19'30"W
179.25
FEET:
THENCE
BEGINNING.
CONTAINING
4.76
ACRES.
MOREOR
LESS.
COMMENCINGATTHE
SOUTH
ONE-QUARTER
CORNEROF
SECTION6.
TOWN2
SOUTH,
RANGE5
N79
59'00"W
1.95
FEET:
THENCE
N8919'30"W
212.69
FEET:
THENCE
589-14'13"W
206.05
EAST,
CITYOF
DEXTER.
WASHTENAW
COUNTY,
MICHIGAN;
THENCE.N88'58'D3
E.285.06
FEET
ALONG
FEET
THENCE
N001023"W
29B.19
FEET;
THENCE
N16'43'43"W
38.78
FEET;
THENCE
EXPANDABLE
AREA"A"(PHASE2)
PROPERTY
DESCRIPTION:
THE
souTH
LINE
or.sAID
sEcTioNeToTHE
wEsT
LINEOF
BAKER
RoAD(as
FEET
woE);
N4astoo"w
37.51
FEET;
THENcE
N3raToo"E
73.77
FEET;
THENCE
s4800'22"E
305.51
A
PARCELOF
LAND
BEING
PARTOFTHE
SOUTHEAST
ONE-QUARTEROF
SECTION6,
TOWN2
THENCE
N0003'21"W
2289.64
FEET
ALONCTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE);
FEET:
THENCE
N4201'00"E
80.26
FEET;
THENCE
S4759'00"E
25.87
FEET;
THENCE
SOUTH,
RANGE5
EAST.
CITYOF
DEXTER.
WASHTENAW
COUNTY,
MICHIGAN,
BEING
FURTHER
THENCE
N69*36'36"W
297.99
FEET
THENCE
SOO*19"30"W
119.25
FEET
THENCE
N79'59
00'W
1.95
N42
01'OO"E
143.93TOTHE
POINTOF
BEGINNING;
THENCE
N4T59'00"W
15.63
FEET;
THENCE
DESCRIBEDAS:
FEET:
THENCE
N8919'30"W
212.69
FEET;
THENCE
58914*13"#
208.06
FEET:
THENCE
N00'1023"W
N4201'OO"E
97.00
FEET:
THENCE
54759'00"E
25,00
FEET;
THENCE
542"01
00"W
35.00
FEET;
298-19
FEET;
THENCE
N18"43'43"W
38.78
FEET;
THENCE
N48'54'09"W
37.81
FEET:
THENCE
THENCE
N475900"W
9.37
FEET:
THENCE
542'O1'00"W
62.00
FEETTOTHE
PorNTOF
COMMENCINGATTHE
SOUTH
ONE-QUARTER
CORNEROF
SECTION6,
TOWN2
SOUTH,
RANGE5
N373700"E
73.77
FEET;
THENCE
548'OD22"E
305.51
FEET;
THENCE
N4201'00"E
78.26
FEETTO
BEGINN1NG,
EAST,
CITYOF
DEXTER,
WASHTENAW
COUNTY,
MICHICAN;
THENCE
N885803"E.285.05
FEET
ALONG
THE
POINTOF
BEGINNING;
THENCE
N475900"W
65,65
FEET;
THENCE
N420100"E
20.00
FEET:
THE
SOUTH
LINEOF
SAID
SECTION6TOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE);
THENCE
S4T59'OO"E
91.32
FEET:
THENCE
S42*Ol'00"W
18.00
FEET:
THENCE
N4T59'00"W
25.67
BEING
SUBJECTTO
EASEMENTS
AND
RESTRICTIONSOF
RECORD.IF
ANY.
THENCE
N0003'21"W
2289.64
.FEET
ALONGTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE):
FEET
THENCE
542'O1'00"W
2.00
FEETTOTHE
POINTOF
BEGINNING,
THENCE
N89
36'Z6"W
297.99
FEET:
THENCE
500"19*ZO"W
119.25
FEET:
THENCE
N79"$9
00"W
1.95
FEET;
THENCE
N8919'30"W
212,89
FEET;
THENCE
589'14'13"W
206.08
FEET;
THENCE
N00110'23"W
WATER
MAIN
EASEMENTNO.1
DESCRIPTION:
SHEET
INDEX
299.19
FEET;
THENCE
N16'43'43"W
38.78.FEET;
THENCE
N48'54'O9"W
37.61
FEET;
THENCE
TOGETHER
WTHA12
FOOT
WIDE
WATER
MAIN
EASEMENT
BEING
PARTOFTHE
SOUTHEAST
01
COVER
SHEET
N3T3TOO"E
73.77
FEET;
THENCE
S4800'22"E
99.25
FEETTO
THE
POINTOF
BEGINNING:
THENCE
ONE-0UARTEROF
SECTION6,
TOWN2
SOUTH,
RANGE5
EAST,
CITYOF
DEXTER,
WASMTENAW
02
SURVEY
PLAN-
OVERALL
N42
01'00"E
77.85
FEET:
THENCE
N31'31'31'E
27.45
FEET;
THENCE
N42'01'00'E
260.93
FEETTO
COUNTY,
MICHlGAN,
DEING
FURTHER
DESCRIBEDAS:
THE
SOUTH
LINEOF
GRAND
STREET(99
FEET
WDE);
THENCE
54759
00"E
246.30
FEET
ALONG
03
SURVEY
PLAN-
STORM
SEMER
EASEMENT
DETAIL
THE
SOUTH
LINEOF
GRAND
STREET(99
FEET
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THENCE
542'01
00'W
79.50
FEET;
THENCE
COMMENCINGATTHE
SOUTH
ONE-QUARTER
CORNEROF
SECTION6.
TOWN2
SOUTH,
RANGE5
04
SURVEY
PLAN-
SANITARY
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DETAiL
N475toow
9.37
Far;
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s420toow
20s.ea
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THENCE
Name'oow
25.67
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cITYor
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THENcE
Nea-sa'ca"E
2as.oe
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Atom
as
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THENCE
542'01'OO'W
80.25
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THENCE
N48'00'22W
206.25
FEETTOTHE
POINTOF
BEGINNING,
THE
50UTH
UNEOF
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SECTION6TOTHE
WEST
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FEET
DE):
06
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PLAN-
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MOREOR
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THENCE
N0003'21"W
2289.64.FEET
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WEST
LINEOF
BAKER.
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FEET
WEDE);
07
UTILITY
PLAN-
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NB936'36"W
297.99
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THENCE
SGO'19'30"W
119.25
FEET,
THENCE
N7959'00"W
1.95
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Nu'le'ao"w
212.69
FEET:
THENcE
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20s.oe
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THENCE
Noone'23"w
08
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UNIT
A
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LAND
BEING
PARTOF
THE
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TOWN2
295.19
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THENCE
N15*43'43"W.3878
FEET:
THENCE
N4854'09"W
37.61
FEET;
THENCE
09
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RANGE5
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7177
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THENCE
S4800'22"E
305.01
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THENCE
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95.28
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THENCE
NO2
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9.17
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THENCE
N4759'00'W
201.06
FEET:
11
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NO2'56'31"W
19.11
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N42'04'11"E
250.41
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12
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THENCE.547"5900"E
12.00
FEET
ALONG
SAID
SOUTH
LINEOF
GRAND
EAST,
CITYOF
DEXTER.
WASHTENAW
COUNTY,
MICHIGAN:
THENCE
N88'5803"E
285.05
FEET
ALONG
STREET(99
FEET
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THENCE
542'O411"W
245.45
FEET;
THENCE
SO2'S6'31"E
9.16
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13
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T1PEB
ANDC
UNIT
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THE
SOUTH
LINEOF
SAID
SECTION6TOTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE);
THENCE
S47S900"E
25.81
FEETi
THENCE
N4201'OO"E
5.00
FEET:
THENCE
S475900"E
12,00
14
FLOOR
PLAN
TTPED
UNIT
THENCE
NO003'21"W
2289,64
FEET
ALONCTHE
WEST
LINEOF
BAKER
ROAD(99
FEET
WIDE);
FEET;
THENCE
542'01'00"W
B.00
FEET:
THENCE
S4759'OO"E
163.24
FEET;
THENCE
502'59'00"E
15
FI.00R
PLAN
TYPED
UNIT
THENCE
N8936'38"W
297.99
FEET;
THENCE
SO019'30"W
119.25
FEET:
THENCE
N7959'00"W
1.95
19.11
FEET;
THENCE
S4201'00"W
19.99
FEET:
THENCE
N4T59'00"W
11.50
FEET:
THENCE
16
FLOOR
PLAN
TYPED
UNIT
SECTIONS
FEET:
THENCE
NB9"19'30"W
212.69
FEET;
THENCE
SB9'14'13"W
205.08
FEET:
THENCE
N001D'23"W
S4201'00"W
80.26.
FEET:
THENCE
N4BOD'22"W
050
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BEGINNING
17
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TYPEE
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N1543'43"W
38.78
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37.61
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542*01'00W
260.93
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53131'3t'W
27.46
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S42'01'00'W
77.85
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N48'00'22'W
99.25
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UNITSJ&7
,0a
UN1TS2&6
0
a
1.130.1
SQUARE
FEET
1,1301
SQUARE
FEET
o
702.6
SQUARE
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702.6
SQUARE
FEET
sn
UN1754&B
Ro
I
oo
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UNITS1&5
I
8
1,0826
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1,082.6
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2
I
I
UNIT
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UNIT
BOUNDARY
(TYP.)
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21.10I
I
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il
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TYPE
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"C"
"B"
"B"
*n"
i.4.s.&a
"C"
2,3.5,&7
"D"
9-24
"E'
25-28
"A"
29-38
SECOND
FLOOR
PLAN
THIRD
FLOOR
PLAN
GRANDVIEW
COMMONS
FLOOR
PLAN
TYPEB
ANDC
UNITS
5
SHEET
NUMBER
IVIETRO
CONSULTING
ASSOCIATES
--
Relationships]
Reputation|
Results
(sPo,
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YOR
DATE
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45345
Five
IV[ile
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48170
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21.00
21,00
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COMMON
ELEMENT
CEILING
CEILING
THIBilikQCft
180.11.00
LIMITED
COMMON
ELEMENT
L
21.00
21.10
\
21.10
21.00
CEILING
-CEILING
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CEILING
-CEILING
8
RFrnNnFinna
8
CONnFinny
SFCONDFICOR
8
RFenNnFinnR
8
FLOOR
PLAN
NOTES
FLOOR
FL
0
FL
0
0
'_015'
1.A
IT
0
IMPROVEMENTS
NEED
21.co
21.10
2o
21co
2.
ALL
WALLs
AREToBEso-
ANGLEsTo
CEILING
t
CEILING
CEILING
-
-CEILING
-
EACH
OTHER,
UNLESS
OTHERWISE
NOTED
3.
THE
ENTTRE
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FI.COR
FL
,
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0
00
a
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AND
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AREA.
BUJLDING
LEGEND
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TYPE
UNIT
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SECTION"A*-A-
'8**
1,4,s.
as
C"
2.3.5.&7
"D"
9-24
"E"
25-28
"A'
29-36
45.23
o
CEILiNG
o
181BD.1LQQIL
.
o
FLOOR
/
DECK
LIMITED
46.23
DECK
LIMITED
/'
COMMON
'''
COMMON
ELEMENT
ELEMENTTO
CEluNG
52.90
TO
CORRESPONDING
5090
0.55
,----CORRESPONDING
o
.
UNITS3&7
ONLY
o
CELING
EfenNn
FInnR
.8
UNITS4&6
o
a
0
ONLY
0.55'
FLOOR
Sol)Nn
Fin
0
055
FLOOR
5090
3
CEILING
22.89
CEILING
CE2L
-
CEILING3245
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&
055
0.55'
0.55*
FLOOR259
..;
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32.45'
.
OSS
FLOOR
-FLOOR3245
o
SECTIONB"-"B'
SECTION
"C"-*0"
GRANDVIEW
COMMONS
FLCOR
PLAN
TYPEB
ANDC
UNIT
SECTIONS
5
SHEET
NUMBER
METRO
CONSULTING
ASSOCIATES
--
Relationships|
Reputation|
Results
PRoL0,a
5
NM(
NvEvoR
am
"A
gw=
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45345
Five
Mile
Road
Plymouth,MI
48170
No
C
kitTi
AssocIATES
w-omomenu.ameanwrnauser"
800.525.6015
www.metroca.net
PROJECT
scan1-e
45345
FIVE
MILE
ROAD
monumerawrenoemiumsassmanizaatseanamina
1051-16-73400
PLYMOUTH,
MICHIGAN
48170
COVERED
COVERED
PATIO/ENTRANCE
PATID/ENTRANCE
LIMITED
COMMON
LIMITED
COMMON
ELEMENTTO
COVERED
ELEMENTTO
CORRESPONDING
UNITS
PATIO/ENTRANCE
PATIO/ENTRANCE
CORRESPONOING
UNITS
16&24
ONLY
STAIRWELL
*@*
LIMITED
COMMON
EdMEI
DTCOMMON
STAIRWELL
12&20
ONLY
101.4
SQUARE
ELEMENTTO
CORRESPDNDING
UNiTS
101,4
SQUARE
FEET
CORRESPONDING
UNITS
11&19
ONLY
FEET
896'
(U
1&24)
1
15&23
ONLY
(PARY
1T&O
e
FLOOR
PLAN
LEGEND
I
7.00
o
49
GENERAL
COMMON
ELEMENT
22.33
pil
0
18.82"
1
18.82'
-gI,
22.33
LIMITED
COMMON
ELEMENT
.11354
d
ad1
3354
8.79*
13.13
0.54
17.16"
I
17.16*
0,54.
1313
LIMITSOF
OWNER5HIP
9.21'
's
9.21
"A"
CARAGE
I
9.
GARAGE
"A"
L
2863
SQUARE
FEET
5
I
0.61"
25
286.3
SQUARE
FEET
.*
FLOOR
PLAN
NOTES
CORRE
DIN
UNITS
e
1
CORRE
MIN
UNITS
1.
ALL
UN1IS
AND
luPROVEMENTS
NEED
--
-
16&24)
--.0----
----------
---------------------
12&20)
*--
--
NOTBEBUILT.
I
|
1.@4S
ME2
1.
19FEET
2.
bWAITLS
ARUN5D
N
ESOD.
GARAGE
UNIT
BOUNDARY
GARAGE
3.
THE
ENT1RE
PROJECTISA
CONVERTlBLE
250,5
50UARE
FEET
cl
gyp
DI
200.6
SQUARE
FEET
I
AND
CONTRACTIBLE
AREA,
(PARTOF
Me
(PARTCF
9
CDRRESPONDING
UNITS
:"
CCRRE5PONDING
UNITS:
15&23)
1
11&10)
LOCATIONOF
22.33
35.99,
0
o
3599
22.33
LOCATIONOF
C00RDINATE-----
22.33'
I
35.99
35.99
22.33
COOROINATE
VALUE
(TYP.)
GARAGE
I
GARACE
VALUE
(TYP.)
280.6
SOUARE
FEET
I
260.6
SQUARE
FITT
-m
(PARTOF
(PARTOF
9
CORRESPONDING
UNITs
.
UNIT
BOUNDARY
CORREsPONDING
UNIE
"
BUILDING
LEGEND
13&21)
(HP.)
so17)
oultDrus
TyPE
uNIT
NusaEas
22.33'
6
I
UNITS13&21
UNITS9&17
J__
2233
B'
1,4,5,&8
054
22.33'
1,004.3
SQUARE
FEET
1,004.3
SQUARE
FEET
2
37
,3,.&7
GARAGE
GARACE
"E"
25-28
286.3
SQUARE
FEET
286.3
SQUARE
FEET
*A'
29-36
(PARTOF
(PARTOF
CORRESPONDING
UNITS
CORRESPONDING
UNITS
14&22)
061
10&18)
WATER
MECHANICAL
921'
0,54'
4'
.
9.20
WATER
MECHANICAL
COMMON
M
D
13.13.
0.54
1
17.16
1716
13.13-
0.65
MM
EDMENT
CORRESPONDING
..
N
,
13.54,-
I
"a
700
o
13.55'.
TO
CORRESPONDING
tJN1
13.2.14.3.15124
e
.
20.21
1862
I
di
18.B2
2021'
F
U
51589.19.0.
12012.
6
-
00
7.00
7r
-"---
STAIRHELL
STAIR
WELL
896
88,4
SQUARE
FEET
COVERED
COVERED
88.4
SQUARE
FEET
896
(PARTOF
UNITS
PATIO/ENTRANCE
PATIO/ENTRANCE
(PARTOF
UNITS
14&22)
"g*
LIMITED
COMMON
LIMITED
CDMMON
10&18)
COVERED
ELEMENTTO
ELEMENTTO
COVERED
PATIO/ENTRANCE
CORRESPOND1NC
UNITS
CORRESPONDING
UNITS
PATIO/ENTRANCE
LIMITED
COMMON
13&21
ONLY
9&17
ONLY
LIMITED
COMMON
ELEMENTTO
ELEMENTTO
CORRESPONDING
UNITS
CORRESPONDING
UNITS
14&22
ONLY
10&18
ONLY
FIRST
FLOOR
PLAN
GRANDVIEW
COMMONS
FI.00R
PLAN
TYPED
UNIT
8
SHEET
NUMBER
METRO
CONSULTING
ASSOCIATES
"
---
-
Relationships|
Reputation|
Results
PR
sEDo,1
P
sloNs
R\EvoR
DATE
45345
Five
Mile
Road
Plymouth,1911
48170
PROJECTNo
C
Chosust
AssocIATEs
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800.525.6016
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1051-16-73400
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.
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CORRESPONDING
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UNITS
UNITS12&20
ONLY)
15&24
ONLY
12&20
ONLY
7.00
188'
.
-
.
18.82
35
17.tyi
1
17.20
FLOOR
PL.AN
LEGEND
"A'
0.54.
I
"A*
GENERAL
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ELEMENT
LIMITED
COMMON
ELEMENT
LIMITSOF
01NNERSHIP
1713
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UNITS16&24
UNITS12&20
1713
I
1.3603
SQUARE
FEET
1.380.1
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FEET
UNIT
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FLOOR
PLAN
NOTES
zy,
1.
ALL
uNITs
AND
IMPeovEMENrs
NEED
I
NOTBE
BUILT.
I
42.37
42.37
2.
ALL
WALLS
ARETOBE90'
ANGLESTO
02
-
42.37
1
42.37
0.42
EACH
OTHER,
UNLESS
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NOTED.
3
me
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o
a
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1713
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0.54'
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0.54*
BUILDING
LEGEND
1.360.3
SQUARE
FEET
1.380.7
SQUARE
FEET
BUILDING
TYPE
UNIT
NUMBERS
C'
2,J.6,&7
D"
9-24
E"
25-28
23.54
23
A"
29-36
1713
17.13'
-"-*-IT-
-
I
.
..
II
)
18.82'
18.89'
)
0
DECK
L1MITED
COMMON
DECK
LIMITED
COMMON
STA1RWELL
(PARTOF
-g*
ELEMENTTO
ELEMENTTO
STAIRWELL
(PARTOF
UNITS14&22
ONLY)
CORRESPONDING
UNITS
CORRESPOND[NG
UNITS
UNITS10&16
ONLY)
14&22
ONLY
10&18
ONLY
SECOND
FLOOR
PLAN
GRANDVIEW
COMMONS
FLOOR
PLAN
TYPED
UNIT
5
SHEET
NUMBER
METRO
CONSULTING
ASSOCIATES
'
Relationships|
Reputation]
Results
L
1D
P
ssIONuN
DATE
...
s.
sp...
esp4
-
45345
Five
Mile
Road
Plymouth,MI
48170
00
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AssocIATEs
wmy
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800,525.6016
WWW.metroCa.net
PROJECTNO
scatt:r-e
45345
FIVE
MILE
ROAD
ourasourunseconsumeasmarastomentssmile
1051-16-73400
PLYMOUTH,
MICHIGAN
48170
CEIUNG
5950
0.63
CEILING
5950
man
nnon
man
FIme
FLCOR
59.50
FLOOR
59.50
FLOOR
PLAN
LEGEND
22.34'
CEILING
3599
o
CEILING
35.99
.o
0.54
22.35
GENERAL
COMMON
ELEMENT
.
CEIUN,
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LIMITED
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FLOOR
3599
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35.99
FLOOR23.L
LIMITSOF
OWNERSHIP
0
0
FLOOR
PLAN
NOTES
SECTION
A'-"A.
1.
ALL
uNITs
AND
luPRovEMENTS
NEED
NOTBE
BUILT.
2.
ALL
WALLS
ARETOBE90"
ANGLESTO
EACH
OTHER.
UNLESS
OTHERESE
NOTED
3.
THE
ENTIRE
PROJECTISA
CONVERTIBLE
AND
CONTRACTIBLE
AREA,
BUILDING
LEGEND
BUILDING
TTPE
UNIT
NUM8ERS
"B'
1,4,5,&8
"C"
2,J.6,&7
"D"
9-24
"E"
25-28
"A"
29-36
0.54'.
CEIUNG
30.58
0.61.
COUNG
30.58'
8
srenunriante
88
arenNririona
8
e
FLOOR
em
FLOOR
r
30.58
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30.58
0.54'
30.58
0.61'
30.88
0.54
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CEILING
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-CEILING
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:
mutant
FLOOR
FLODR
3058
3058
SECTION
"B"-'B"
GRANDVIEW
COMMONS
FLOOR
PLAN
TYPED
UNIT
SECTIONS
SHEET
NUMBER
HIVIETRO
CONSULTING
ASSOCIATES
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--
Relationships
Reputation|
Results
MAP
0
P
OFESAMAL
RVEYOR
DATE
iii""'""'
.
"-7
45345
Fe
MHe
Road
Plymouth,
M14B170
PaouEcTNo
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su
soctATEs
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1051-16-73400
PLYMOUTH.
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46170
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PLAN
LEGENDGENERAL
COMMON
ELEMENT
LIMITED
COMMON
ELEMENT
COVEREDPATIO/ENTRANCE
LIMITSOF
OWNERSHIP
LIMIT
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COVERED
PATIO
CORRESPONDI
UN
"g*
LIMT
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I
UNIT25
ONLY
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dTSO
21.91
0.55
.
....T......
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NOC
0
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18.29
2.00
J|I
.
g26.50'
1
200
a
.1645
1.00
19.45
0.50
I
UNIT
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I
(TYP)
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244.5
SQUARE
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a
150
UNIT26
.A"
19.45
I
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"A"
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1.738.t
SQUARE
FEET
"A'
19.45
19
I
2.25
GARAGE
UNIT
BOUNDARY
244.5
SQUARE
FEET
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(TYP,)
(PARTOF
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)
39.20I
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VALUE
(TYP.)
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VALUE
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0.55
244,5
SQUARE
FEET
I
(PARTOF
UNIT27)
I
UNIT
BOUNDAR
225
UNIT
BOUNDARY
(TYP.)
1945
055
.
I
-
UNIT27
0
0.55'
UNIT28
8
8
GARAGE
1,2092
SQUARE
FEET
o
6
1.50
3,738.1
SQUARE
FEET
4
d
244.5
SQUARE
FEET
(PARTOF
UNIT28)
a
1.50
1945
-.
1EL29
2.00*
26.50
?
2,00
TC0oMM
21.91
28.90
CORRESP
DING
L
ovEREoo
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FLOOR
PLAN
NOTES
COVERED
ELEMENTTO
1.
ALL
UNITS
AND
IMPROVEMENTS
NEED
PATIO/ENTRANCE
'8"
CORRESPONDING
"g"
NOTBE
BULLT.
L(MITEDE
CENMTMON
UNIT27
ONLY
2.
ALL
WALLS
ARETOBE90'
ANGLESTO
CORRESPONDING
UNITS
EACH
OTHER.
UNLESS
OTHERHISE
NOTED.
27&28
ONLY
3.
THE
ENTIRE
PROJECTISA
CONVERTIBLE
AND
CONTRACTIBLE
AREA.
FIRST
FLOOR
PLAN
SECOND
FLOOR
PLAN
BUILDING
LEGEND
BUILDING
TYPE
UNIT
NUMBERS
GRANDVIEW
COMMONS
B"
7,4,5,&8
FLOat
PLAN
TYPEE
UNIT
C"
2,3,6,&7
D"
9-24
SHEET
NUMBER
IVIETRO
CONSULTING
ASSOCIATES
--
PROPOSED,
DATED
TREVORA.
McMANN
DATE
Relationships|
Reputation[
Results
APRa.to,
2017
PROFEssoNAL
SURVEYOR
"A
45345
Five
Mile
Road
Plymouth,MI
48170
PaoJEcyNo
c
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800.525.6016
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1051-16-73400
PLYMOUTH.
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48170
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PL.AN
LEGENDGENERAL
COMMON
ELEMENT
LIMITED
COMMDN
ELEMENT
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OWNERSHIP
7.75
57.65
-
-CEILING
SFRONDFiniR
o
0.55
-rtooR
e
FLOOR
PLAN
NOTES
57.65
COVERED
PATIO/ENTRANCE
1.
ALL
UNITS
AND
IMPROVEMENTS
NEED
me
or7,
,,,,,,,,,,,,,,,,,,,,,,,,
7
LIMITED
COMMON
ELEMENT
NOTBE
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19,45
3920
055
TO
CORRESPONDING
UNITS
-CEIUNG
-CETLING
2
ALL
WALLS
ARE70BE90*
ANGLESTO
EACH
OTHER,
UNLESS
OTHERHISE
NOTED.
.
-FLODFI
0.50
FLOOR
3
THE
ENTIRE
PROJECTISA
CONVEROBLE
19.45
r
3920
AND
CONTRACTIBLE
AREA.
1000
SECTION'A"-"A.
BLIf
[NTG
LEGEND
uNIT
NuuuEas
"B"
1,4,5.&8
"C"
2,3.6,&7
"D'
9-24
"E"
25-28
"A'
29-36
31.72
cEuNo
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colums
31.72
FinNn
FinnR
o8
RFanNn
Frone
0.55
a
3172
FLOOR
FLOOR
31.72
31.64
31.64"
a
CEILING-
.
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-CEILING
o
on
EIRSI,1LQQR
o
055
3164
FLOOR
FLDOR
31.64'
SECTION"B"-"B"
GRANDVIEW
COMMONS
FI.0011
PLAN
TYPEE
UNiT
SECTIONS
SHEET
NUMBER
METRO
CONSULTING
ASSOCIATES
1.
?
Relationships|
Reputation|
Results
Pa
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3D
PROFEssoNAL
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...cmn
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45345
Five
Mile
Road
Plymouth,MI
48170
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ASSOCIATES
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800.525.6016
www.rnetroca.net
PRoJECTNo
scanr-e
45345
FIVE
MILE
ROAD
o
nmen.c
omms.ussentreassura
nssons
1051-16-73408
PLYMOUTH.
MICHICAN
48!70