Finance & Legal 2002-04-14
Summary:This is the legal document which defines what you own, and how we're comprised as a legal entity. This document contains sections such as: "Definitions", "Title of Project", "Nature of Project", "Common Elements", "Unit Description and Percentage of Value", "Rights of Mortgagees", "Damage to Project", "Easements", "Future Access and Utility Easements", "Future Easements, Licenses and Rights-of-Way", "Amendment or Termination", "Assignment"
GREAT OAK COHOUSING
(Acts 379 and 380, Public Acts of 2000, as amended)
This Master Deed is made and executed on this 6th day of August, 2002, by Great Oak Development Company, L.L.C., hereinafter referred to as the "Developer", whose office is situated at 424 Little Lake Drive, #18, Ann Arbor, MI 48103, in pursuance of the provisions of the Michigan Condominium Act, as amended (being acts 379 and 380, Public Acts of 2000, as amended), hereinafter referred to as the "Act".
WHEREAS, the Developer is the owner of certain real property located in the Township of Scio, County of Washtenaw, Michigan, and more particularly described as follows:
GREAT OAK COHOUSING
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26, T2S, R5E, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN; THENCE SO5 DEGREES 20'06"W 1617.32 FEET ALONG THE WEST LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE S85 DEGREES 09'45"E 602.04 FEET ALONG THE SOUTH LINE OF "SUNWARD COHOUSING OF ANN ARBOR", A CONDOMINIUM AS RECORDED IN LIBER 27 OF PLATS, PAGES 69 THROUGH 71, INCLUSIVE, WASHTENAW COUNTY RECORDS TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LITTLE LAKE DRIVE; THENCE N06 DEGREES 25'50"W 642.11 FEET ALONG SAID CENTERLINE; THENCE N86 DEGREES 33'21" W 623.41 FEET TO A POINT ON THE WEST LINE OF SAID SECTION; THENCE N05 DEGREES 20'06" E 640.57 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING. BEING A PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26, T2S, R5E, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN AND CONTAINING 9.15 ACRES OF LAND, MORE OR LESS. BEING SUBJECT TO THE RIGHTS OF THE PUBLIC OVER THAT PORTION OF LITTLE LAKE DRIVE AS OCCUPIED. ALSO BEING SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
WHEREAS, the Developer desires, by recording this Master Deed, together with the By-Laws attached hereto as Exhibit "A" and together with the Condominium Subdivision Plan attached hereto as Exhibit "B" (both of which are hereby incorporated by reference and made a part hereof), to establish the real property, together with the improvements located and to be located thereon and the appurtenances thereto, as a building site project under the provisions of the Act;
NOW, THEREFORE, the Developer, does, upon the recording hereof, establish Great Oak Cohousing as a building condominium project under the Act and does declare that Great Oak Cohousing (hereinafter referred to as the "Project") shall, after such establishment, be held, conveyed, mortgaged, encumbered, leased, rented, occupied, improved, or in any other manner utilized subject to the provisions of the Act and to the covenants, conditions, easements, restrictions, uses, limitations, and affirmative obligations set forth in this Master Deed and Exhibits "A" and "B" hereto, all of which shall be deemed to run with the land and shall be a burden and a benefit to the Developer, its successors and assigns, and any persons acquiring or owning an interest in the said reap property, their grantees, successors, heirs, personal representatives, and assigns. In furtherance of the establishment of said Project, it is provided as follows:
Tax Code #: H-08-26-200-010 (covers additional land)
Certain terms are utilized not only in this Master Deed and Exhibits "A" and "B" hereto, but are or may be used in various other instruments such as, by way of example and not in limitation, the Articles of Incorporation and Rules and Regulations of the Great Oak Association, a Michigan non-profit corporation, and deeds, mortgages, liens, land contracts, easements, and other instruments affecting the establishment of or transfer of interests in Great Oak Cohousing. Wherever used in such documents or any other pertinent instruments, the terms set forth below shall be defined as follows:
(1) The "Act" means the Michigan Condominium Act, being Acts 379 and 380, Public Acts of 2000, as amended.
(2) "Association" means Great Oak Cohousing Association, the non-profit corporation organized under Michigan law of which all owners shall be members, which corporation shall administer, operate, manage, and maintain the Project. Any action required of or permitted to the Association shall be exercisable by its Board of Directors unless specifically reserved to its members by the Project documents or the laws of the State of Michigan.
(3) "Book of Agreements" refers to a record of decisions made by the Membership.
(4) "By-Laws" means Exhibit "A" hereto, being the By-Laws setting forth the substantive rights and obligations of the owners and required by Section 3(9) of the Act to be recorded as part of the Master Deed. The By-Laws shall also constitute the corporate By-Laws of the Association as provided for under the Michigan Non-Profit Corporation Act
(5) "Common Elements", where used without modification, shall mean both the general and limited common elements described in Article IV hereof.
(6) "Condominium Subdivision Plan" means Exhibit "B" hereto.
(7) "Construction and sales period" means, for the purposes of the Project documents and the rights reserved to the Developer thereunder, the period commencing with the recording of the Master Deed and continuing as long as the Developer owns any unit which it offers for sale.
(8) "Developer" means Great Oak Cohousing Development, LLC, which has made and executed this Master Deed, and its successors and assigns.
(9) "First annual meeting" means the initial business meeting of the members of the association after conveyance of legal or equitable title to non-developer co-owners of 25% of the units that may be created or 1 year after the initial conveyance of legal or equitable title to a non-developer co-owner of a unit in the project, whichever occurs first
(10) "Mortgagee" means the individual, financial institution, corporation, partnership, or other entity holding a first mortgage lien on an individual unit in Great Oak Cohousing.
(11) "Owner" means a person, firm, corporation, partnership, association, trust, or other legal entity or any combination thereof who or which owns one or more units in the Project, and shall have the same meaning as "co-owner" as defined in the Act. "Owner" shall also include a land contract vendee.
(12) "Project" means Great Oak Cohousing established in conformity with the provisions of the Act and includes the land, all improvements and structures thereon, and all easements, rights and appurtenances belonging to Great Oak Cohousing as described above.
(13) "Project documents," wherever used means and includes this Master Deed and Exhibits "A" and "B" hereto, the Articles of Incorporation and the Rules and Regulations, if any, of the Association.
(14) "Transitional control date" means the date on which the co-owners assume total responsibility for management of the Association.
(15) "Unit" means that part of the project designed and intended for separate ownership and use, as described in this Master Deed, and shall have the same meaning as "condominium unit" as defined in the Act.
Whenever any reference herein is made to one gender, the same shall include a reference to any and all genders where the same would be appropriate; similarly, whenever a reference is made herein to the singular, a reference shall also be included to the plural where the same would be appropriate.
TITLE OF PROJECT
The Project shall be known as Great Oak Cohousing, Washtenaw County Condominium Subdivision Plan No. ___ 392 __. The engineering plans for the Project (including architectural plans for all dwellings and other improvements to be constructed therein) were or will be approved by, and are or will be on file with the Washtenaw County Building Department. The Project is established in accordance with the Act.
NATURE OF PROJECT
The 37 units contained in the Project, including the number, boundaries, dimensions, and area of each unit therein, are set forth completely in the Condominium Subdivision Plan attached as Exhibit "B" hereto. Each unit is suitable for residential purposes and each unit is capable of individual utilization on account of having its own entrance from and exit to a common element of the Project. Each owner in the Project shall have a particular and exclusive property right to his unit and shall have undivided and inseparable rights to share with other owners the common elements of the Project as are designated by this Master Deed.
The condominium project established pursuant to the initial Master deed of Great Oak Cohousing and consisting of thirty-seven (37) units is expandable and intended to be the first stage of a two-stage development. The Developer owns certain additional land which is proximate to the property herein submitted to this Master Deed and described as follows:
PROPOSED FUTURE DEVELOPMENT
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26, T2S, R5E, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN; THENCE S05 DEGREES 20'6"W 2247.89 FEET ALONG THE WEST LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE S86 DEGREES 33'21"E 623.41 FEET TO A POINT ON THE CENTERLINE OF LITTLE LAKE DRIVE; THENCE S06 DEGREES 25'50"W 439.48 FEET TO A POINT ON THE EAST AND WEST 1/4 OF SAID SECTION; THENCE N85 DEGREES 23'59"W 614.72 FEET ALONG SAID EAST AND WEST 1/4 LINE TO THE WEST 1/4 CORNER OF SAID SECTION 26; THENCE N05 DEGREES 20'06"E 426.71 FEET ALONG THE WEST LINE OF SAID SECTION TO THE POINT OF BEGINNING. BEING A PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 26, T2S, R5E, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN AND CONTAINING 6.15 ACRES OF LAND, MORE OR LESS. BEING SUBJECT TO THE RIGHTS OF THE PUBLIC OVER THAT PORTION OF LITTLE LAKE DRIVE AS OCCUPIED. ALSO BEING SUBJECT TO THE EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY.
Developer reserves the right to change the name and the size of the future development. This future development may be named "Honey Creek Cohousing of Ann Arbor", or such other name as the Developer, or it successors or assigns, decides upon. Throughout this Master Deed, this second project shall be referred to as "Honey Creek Cohousing". The two developments will jointly share in the maintenance of the main entrance driveway to the two developments and the designated wetland areas described as follows:
EASEMENT FOR INGRESS AND EGRESS
COMMENCING AT THE NORTHWEST CORNER OF SECTION 26, T2S, R5E, SCIO TOWNSHIP, WASHTENAW COUNTY, MICHIGAN; THENCE S05 DEGREES 20'06"W 1617.32 FEET ALONG THE WEST LINE OF SAID SECTION; THENCE S85 DEGREES 09'45"E 602.04 FEET ALONG THE SOUTH LINE OF "SUNWARD CO-HOUSING OF ANN ARBOR", A CONDOMINIUM AS RECORDED LIBER 27 OF PLATS, PAGES 69 THROUGH 71, INCLUSIVE, WASHTENAW COUNTY RECORDS TO A POINT ON THE WESTERLY RIGHT-OF-WAY; THENCE S84 DEGREES 39'05"E 33.01 FEET TO A POINT ON THE CENTERLINE OF LITTLE LAKE DRIVE; THENCE S06 DEGREES 25'50"W 642.11 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING; THENCE CONTINUING S06 DEGREES 25'50"W 95.13 FEET ALONG SAID CENTERLINE; THENCE N86 DEGREES 33'21"W 165.85 FEET; THENCE N06 DEGREES 25'50"E 95.13 FEET; THENCE S86 DEGREES 33'21"E 165.85 FEET TO THE POINT OF BEGINNING.
Commencing at the northwest corner of Section 26, T2S, R5E, Scio Township, Washtenaw County, Michigan; thence S05 degrees 20'06"W 1617.32 feet along the west line of said section to the point of beginning; thence S85 degrees 09'45"E 602.04 feet along the south line of "Sunward Co-Housing of Ann Arbor", a condominium as recorded in Liber 27 of plats, pages 69 through 71, inclusive, Washtenaw County records to a point on the westerly right-of-way line of Little Lake Drive; thence N06 degrees 25'50"E 16.77 feet along said right-of-way line; thence S84 degrees 39'05"E 33.01 feet to a point on the centerline of Little Lake Drive; thence S06 degrees 25'50"W 249.79 feet along said centerline; thence N84 degrees 39'54"W 630.57 feet to a point on the west line of said section; thence N05 degrees 20'06"E 227.76 feet along said west line to the point of beginning. Being a part of the west 1/2 of the northwest 1/4 of Section 2 6, T2S, R5E, Scio Township, Washtenaw County, Michigan and containing 3.36 acres of land, more or less. Being subject to the rights of the public over that portion of Little Lake Drive as occupied. Also being subject to easements, and restrictions of record, if any.
There is no restriction on the Developer as to the location, nature, appearance, design (interior and exterior), and structural components of the dwellings and other improvements to be constructed within the area of expansion and such decisions shall be determined by the Developer in its sole discretion subject only to approval by Scio Township, but all such improvements shall be reasonably compatible with the existing structures in the project. Nothing herein contained, however, shall in any way obligate the Developer to expand the condominium project beyond the section established by this Master Deed, and the Developer may, in its discretion, establish separate condominium project(s) and the Developer further reserves the right to rent constructed condominium units prior to sale.
The common elements of the project as depicted in exhibit B and the responsibilities for their maintenance, repair, and replacement are as follows:
(1) The general common elements are:
a. the land, including the pond, described in Article II, including easement interests of the condominium in the land provided to it for ingress and egress, the main entrance driveway, and the drives, walkways, emergency roads, lawns, yards, trees, shrubs, and other plantings;
b. The Community Building and outbuildings;
c. the street lighting system and other electrical, telephone, and cable television wiring networks throughout the common areas of the project, including those within common walls, floors, and ceilings up to the point of connection with electrical outlets;
d. the plumbing and gas-line networks throughout the common areas of the project, including those within common walls, floors, and ceilings up to the point of connection with plumbing fixtures;
e. the heating and air-conditioning ducts and conduits throughout the common areas of the project, including those within common walls, floors, ceilings, and gas transmission lines up to the connection with the appliance;
f. the water distribution system, underground sprinkling system, sanitary sewer system, and storm drainage system serving the project;
g. the foundations, roofs, perimeter walls, and other walls as shown on exhibit B, ceilings, floors, entrances, and exits of the project (including doors, windows, sliding doors, screens and chimneys);
h. the common attic spaces, and the portions of any garage or parking area not designated as a limited common element on the condominium subdivision plan; and
i. all other common elements of the project not designated in this document as limited common elements that are not enclosed within the boundaries of a condominium unit and that are intended for common use or are necessary for the existence, upkeep, or safety of the project.
j. designated wetlands.
Some or all of the utility and cable television lines, systems (including mains and service leads), and equipment may be owned by the local public authority or by a utility or cable television company that is providing the pertinent service. Accordingly, such lines, systems, and equipment shall be general common elements only to the extent of the co-owners' interest in them, if any, and the developer makes no warranty of such an interest.
(2) The limited common elements are:
a. the yard, deck, patio, or stoop appurtenant to each unit in the project;
b. the driveway leading to the garage and the sidewalk leading to the stoop, which shall be appurtenant to the unit or units serviced by these elements;
c. the fireplace combustion chamber and the separate furnace, water heater, air conditioner, and compressor within or adjacent to a unit and servicing only that unit;
d. the automatic garage door opening mechanism and the windows, sliders, and screens within or adjacent to any unit's perimeter walls;
e. garage interior spaces and the interior surfaces of garage walls, ceilings, and floors; and
f. the interior surfaces of perimeter walls, doors, ceilings, and floors within a condominium unit.
If any of the limited common elements described in this provision have not been assigned in the condominium subdivision plan, the developer reserves the right to designate each such element as a limited common element appurtenant to a particular unit by subsequent amendments to this Master Deed. The co-owners and mortgagees of condominium units and all other parties interested in the project shall be deemed to have irrevocably and unanimously consented to such amendments and irrevocably appoint the developer or its successors as agent and attorney to make such amendments to the Master Deed.
(3) Responsibilities for cleaning, decorating, maintaining, repairing, and replacing the common elements are as follows:
a. The costs of maintaining, repairing, and replacing the limited common elements described in Article IV(2)(c), and (d) and routinely cleaning, decorating, and maintaining the interior of the limited common elements described in Article IV(2)(a), (e), and (f) (except painting, staining, repairing, or replacing decks, patios,and stoops) shall be borne by the co-owner of the unit or units to which such common elements are appurtenant.
b. The appearance of decks, patios, and stoops shall at all times be subject to the approval of the association. If a co-owner's cleaning and decorating of such common elements does not conform to reasonable standards established by the association, the association may take whatever action is necessary to bring the elements up to required standards and charge the cost to the owner responsible for cleaning, decorating, and maintaining the element.
c. The costs of cleaning, decorating, maintaining, repairing, and replacing all general and limited common elements other than those described above shall be borne by the association, except for repairs or replacements necessitated by the acts or neglect of co-owners or their agents, invitees, family members, or pets. Great Oak Cohousing and Honey Creek Cohousing shall share the responsibilities for the maintenance, repairing and replacement of the main entrance driveway and the designated wetlands.
d. If any unit owner elects to construct or install any improvements to the interior of the unit or, with written consent from the association, to the common elements appurtenant to the unit that increase the costs of maintenance, repairs, or replacements for which the association is responsible, the association may assess the increased costs or expenses against the unit.
(4) All co-owners whose interests would be affected may assign or reassign a limited common element to other co-owners, on notice to any affected mortgagees, by applying in writing to the board of directors of the association. On receipt of such an application, the board shall promptly have an amendment to this Master Deed assigning or reassigning all rights and obligations with respect to the limited common elements involved prepared and signed and shall deliver the amendment to the co-owners of the units affected once they have paid all reasonable costs for the preparation and recording of the amendment.
(5) Except as stated in this Master Deed, condominium units shall not be separable from the common elements appurtenant to them and shall not be used in any manner inconsistent with the purposes of the project or in any other way that would interfere with or impair the rights of any co-owner to use and enjoy the co-owner's unit or the common elements appurtenant to it.
UNIT DESCRIPTION AND PERCENTAGE OF VALUE
(1) A complete description of teach condominium unit in the project, with elevations referenced to an official benchmark of the U.S. Geological Survey sufficient to relocate accurately the space enclosed by the description without reference to the structure itself, is provided in the condominium subdivision plan as surveyed by Midwestern Consulting, consulting engineers and surveyors. Detailed architectural plans and specifications have been filed with Scio Township. Each unit shall include all the space within certain horizontal planes and vertical planes designated by a heavy outline on the interior finished surface of the walls, floors, and ceiling and depicted in the condominium subdivision plan and as delineated by detailed dimensional descriptions of the unit in the outline, minus any common elements in the unit. In determining dimensions, each condominium unit shall be measured from the interior finished unpainted surfaces of the walls and ceilings and from the interior surfaces of the finished subfloor.
(2) The total value of the project is 100%, and the percentage assigned to each condominium unit shall be as stated in Paragraph 2 of this Article. Each percentage of value has been determined under a formula in which weight is given to the market value of the unit, square footage, location, and allocable maintenance expense and other factors. Except as otherwise provided in this Master Deed, a percentage of value shall be changed only in the manner provided by Article XII, in a signed and recorded amendment to the Master Deed.
(3) The developer may modify the number, size, style, and location of a unit or of any limited common element appurtenant to a unit as described in exhibit B by an amendment effected solely by the developer or its successors without the consent of any co-owner, mortgagee, or other party, as long as the modification does not unreasonably impair or diminish the appearance of the project or the view, privacy, or other significant attributes or amenities of other units that adjoin or are proximate to the modified unit or limited common element. No unit that has been sold or is subject to a binding purchase agreement shall be modified without the consent of the co-owner or of the purchaser and the mortgagee. The developer may also, in connection with any such amendment, readjust percentages of value for all units to give reasonable recognition to such a modification, based on the method by which percentages of value for the project were originally determined. However, no unit modified in accordance with this provision shall be conveyed until an amendment of the Master Deed has been recorded. All co-owners, mortgagees of units, and other parties interested in the project shall be deemed to have unanimously consented to any amendments necessary to effect such modifications and, subject to the limitations stated in this Master Deed, to the proportionate reallocation of percentages of value of existing units that the developer or its successors determines is necessary in conjunction with such modifications. All such interested parties irrevocable appoint the or its successors as agent and attorney to sign such amendments to the Master Deed and all other condominium documents as may be necessary to effect such modifications.
The number of each condominium unit in the project as it appears on the condominium subdivision plan and the percentage of value assigned to each unit are as follows:
GREAT OAK COHOUSING UNIT PERCENTAGES
Building # Units Unit Type Percentage of Value
I 1 C 2.93
2 B 2.29
3 C 2.93
II 4 C 2.93
5 B 2.29
6 C 2.93
III 7 C 2.93
8 B 2.29
9 C 2.93
IV 10 A 2.725
11 A' 1.43
12 A' 1.43
13 A 2.725
V 14 D 3.76
15 B 2.29
16 B 2.29
17 D 3.76
VI 18 C 2.93
19 B 2.29
20 C 2.93
VII 21 C 2.93
22 B 2.29
23 B 2.29
24 C 2.93
VIII 25 C 2.93
26 B 2.29
27 C 2.93
IX 28 C 2.93
29 B 2.29
30 C 2.93
X 31 D 3.76
32 B 2.29
33 B 2.29
34 D 3.76
XI 35 C 2.93
36 B 2.29
37 C 2.93
RIGHTS OF MORTGAGEES
Notwithstanding any other provision in this Master Deed or the By-Lays or any other documents, the following provisions shall apply and may not be amended or deleted without the prior written consent of the holders of first mortgages on at least two-thirds (2/3) of the units of record:
(1) A first mortgagee, at its request, is entitled to written notification from the Association of any default by the owner of such unit in the performance of such owner's obligations under the Project documents which is not cured within sixty (60) days.
(2) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage or deed (or assignment) in lieu of foreclosure shall be exempt from any "right of first refusal" contained in the Project documents and shall be free to sell or lease such unit without regard to any such provision.
(3) Any first mortgagee who obtains title to a unit pursuant to the remedies provided in the mortgage or foreclosure of the mortgage or deed (or assignment) in lieu of foreclosure shall not be liable for such unit's unpaid dues or charges which accrue prior to the acquisition of title to such unit by the mortgagee (except for claims for a pro rata share of such assessments or charges resulting from a pro rata reallocation of such assessments or charges to all units, including the mortgaged unit.)
(4) Unless at least two-thirds (2/3) of the first mortgagees (based upon one (1) vote for each mortgage owned) and owners of the individual units have given their prior written approval, the Association shall not be entitled to:
a. by act or omission seek to abandon or terminate the Project;
b. change the pro rata interest or obligations of any unit for the purpose of (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the pro rata share of ownership of each unit in the common elements;
c. by act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the common elements. The granting of easements for public utilities or for other public purposes consistent with the intended use of the common elements by the Project shall not be deemed a transfer within the meaning of this clause;
d. use hazard insurance proceeds for losses to any Project property (whether to units or to common elements) for other than the repair, replacement or reconstruction of such improvements, except as provided by statute in case of substantial loss to the units and/or common elements of the Project.
e. reallocate responsibility for maintenance, repair, replacement or decoration for a condominium unit, its appurtenant limited common elements, or the general common elements from the association of co-owners to the condominium unit subject to the mortgagee's mortgage;
f. eliminate the requirement for the association of co-owners to maintain insurance on the project as a whole or a condominium unit subject to the mortgagee's mortgage or reallocation of responsibility for obtaining or maintaining, or both, insurance from the association of co-owners to the condominium unit subject to the mortgagee's mortgage;
g. modify or eliminate an easement benefiting the condominium unit subject to the mortgagee's mortgage;
h. partially or completely modify, impose, or remove the leasing restrictions for condominium units in the condominium project.
(5) Each first mortgagee has the right to examine the books and records of the Association and the Project.
(6) No owner, or any other party, shall have priority over any rights of first mortgagees of units pursuant to their mortgages in the case of a distribution to owners of insurance proceeds or condemnation awards for losses to or a taking of units and/or common elements.
(7) Any agreement for professional management of the Project regime or any other contract providing for services which exists between the Association and the Developer or affiliates of the Developer is voidable by the Board of Directors of the Association on the transitional control date or within ninety (90) days thereafter, and on thirty (30) days' written notice at any time thereafter without cause or payment of a termination fee.
DAMAGE TO PROJECT
In the event the Project is partially or totally damaged or destroyed or partially taken by eminent domain, the repair, reconstruction or disposition of the property shall be as provided by the By-Laws attached hereto as Exhibit "A".
Every part of a condominium unit that contributes to the structural support of a building shall be burdened with an easement of structural support for the benefit of the common elements. If any part of a unit or common element encroaches on another unit or common element due to the shifting, settling, or moving of a building or due to survey errors or construction deviations, reciprocal easements shall exist for the maintenance of such encroachments for as long as they exist and for the maintenance of the encroachments after rebuilding in the event of destruction. There shall also be permanent easements in favor of the association for the maintenance and repair of common elements for which the association is responsible. There shall be easements to, through, and over those parts of the land, structures, buildings, improvements, and walls (including interior unit walls) as is reasonable for the installation, maintenance, and repair of all utility services furnished to the project. Public utilities shall have access to the common elements and to the units at reasonable times for the installation, repair, or maintenance of such services. Any costs incurred in opening and repairing any wall of the project to install, repair, or maintain such services shall be an administration expense assessed against all co-owners in accordance with the condominium bylaws.
There shall be cross-easements over the general common areas of Great Oak Cohousing and Honey Creek Cohousing to and from and over the main entrance driveway and the preservation area for ingress and egress and maintenance, repair or replacement of the main entrance driveway and the preservation area.
Until final completion of the project as described in Article 1 of this Master Deed, the developer reserves nonexclusive easements for the benefit of itself and its successors and assigns to use, at any time without charges other than the reasonable cost of work performed, utilities consumed, or maintenance required as a direct result of such use, (1) for the unrestricted use of all roads, driveways, and walkways in the condominium for the purpose of ingress and egress to and from any part of the land described in Article II and (2) to use, tap into, tie into, extend, or enlarge all utility lines and mains, public and private, located on the land described in Article II.
The Developer further reserves the right at any time to grant easements for utilities over, under and across the condominium premises to appropriate governmental agencies or public utility companies and to transfer title to utilities to governmental agencies or to utility companies. Any such easement or transfer of title may be made by the Developer without the consent of any co-owner, mortgagee or other person and shall be evidenced by an appropriate amendment to this Master Deed and to Exhibit "B" hereto, recorded in the Washtenaw County Records. All of the co-owners and mortgages of units and other persons interested or to become interested in the project from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments of this Master Deed as may be required to effectuate the foregoing grant of easement or transfer of title.
As long as the developer owns at least one unit in the project, it shall be subject to the provisions of this Master Deed.
ARTICLE IX FUTURE ACCESS AND UTILITY EASEMENTS
The Developer further reserves the right at any time to grant access easements for proposed public roads within the Project and easements for utilities over, under and across the general common elements of the Project premises to appropriate governmental agencies or public utility companies and to transfer title for proposed public streets and utilities to governmental agencies or to utility companies and to transfer title for proposed public streets and utilities to governmental agencies or to utility companies. Any such easement or transfer of title may be made by the Developer without the consent of any owner, mortgagee or other person and shall be evidenced by a grant of easement, deed or an appropriate amendment to this Master Deed and to Exhibit "B" hereto, recorded in the Washtenaw County Records. All of the owners and mortgagees of units and other persons interested or to become interested in the Project from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments of this Master Deed as may be required to effectuate the foregoing grant of easement or transfer of title.
ARTICLE X FUTURE EASEMENTS, LICENSES AND RIGHTS-OF-WAY
The Association, acting through its lawfully constituted Board of Directors (including any Board of Directors acting prior to the transitional control date) shall be empowered and obligated to grant such easements, licenses, rights-of-entry, rights-of-way, and dedication of public roadways over, under and across the general common elements of the Project for utility purposes, access purposes or other lawful purposes as may be necessary for the benefit of the Project; subject, however, to the approval of the Developer during the construction and sales period. No easement created under the Project documents may be modified nor may any of the obligations with respect thereto be varied without the consent of each person benefited thereby.
(1) Upon approval by an affirmative vote of not less than fifty-one percent (51%) of all owners, the Board of Directors shall be vested with the power and authority to sign petitions requesting the establishment of a special assessment district pursuant to provisions of applicable Michigan statutes for improvement of roads within or adjacent to the Project. In the event that a special assessment road improvement project is established pursuant to applicable Michigan statutes, the collective costs assessable to the Project as a whole shall be born equally by all owners.
(2) The Board of Directors may dedicate or may grant easements over or through any portion of any general common elements of the Project for public highway purposes; and alternatively, during the development and sales period of the Project, the Developer may grant such easements or executive dedications of public roadway over any general common elements.
ARTICLE XII AMENDMENT OR TERMINATION
Except as provided in preceding paragraphs as set forth above, the Project shall not be terminated or any of the provisions of this Master Deed or Exhibits attached hereto amended unless done in compliance with the following provisions:
(1) The Project documents may be amended without the consent of owners or mortgagees for any purpose if the amendment does not materially alter or change the rights of an owner or mortgagee. The Developer, for itself and for the Association (acting through a majority of its Board of Directors), hereby expressly reserves the right to amend the Project documents for such a purpose. Amendments which do not materially alter or change the rights of an owner or mortgagee include, but are not limited to, amendments modifying the types and sizes of unsold units and their appurtenant common elements, correcting survey or other errors made in the Project documents, changes required by the Township of Scio or any other public authority having jurisdiction over the Project, changes deemed necessary to comply with or include provisions permitted by the Act, or for the purpose of facilitating mortgage loan financing for existing or prospective owners and to enable the purchase or insurance of such mortgage loans by any institutional participant in the secondary mortgage market which purchases or insures mortgages.
(2) If there is no owner other than the Developer, the Developer, with the consent of any interested mortgagee, may unilaterally terminate the Project or amend the Master Deed. A termination or amendment under this section shall become effective upon the recordation thereof if executed by the Developer.
(3) If there is an owner other than the Developer, then the Project shall be terminated only by the agreement of the Developer, eighty percent (80%) of the unaffiliated owners of units to which all of the votes in the Association appertain and the mortgagees of two-thirds (2/3) of the first mortgages covering the units.
(4) Agreement of the required majority of owners and mortgagees to the termination of the Project shall be evidenced by their execution of the termination agreement of ratifications thereof, and the termination shall become effective only when the agreement is so evidenced of record.
(5) Upon recordation of an instrument terminating a Project, the property constituting the Project shall be owned by the owners as tenants in common in proportion to their respective undivided interests in the common elements immediately before recordation. As long as the tenancy in common lasts, each owner or the heirs, successors or assigns thereof shall have an exclusive right of occupancy of that portion of the property which formerly constituted the unit.
(6) Upon recordation of an instrument terminating a Project, any rights the owners may have to the assets of the Association shall be in proportion to their respective undivided interests in the common elements immediately before recordation, except that common profits shall be distributed in accordance with the Project documents and the Act.
(7) The Project documents may be amended for a proper purpose, other than as set forth in this Article, even if the amendment will materially alter or change the rights of the owners, mortgagees or other interested parties, with the prior written consent of two-thirds (2/3) of the first mortgagees (based upon one (1) vote for each mortgage owner) and owners of the individual units. An owner's unit dimensions or the responsibility for maintenance, repair and replacement thereof may not be modified in any material way without his consent and that of his mortgagee.
(8) The Project documents may not be amended, so as to affect the site plan for the Project approved by the Township of Scio, without the advance written approval of the Township of Scio, and no provision in the Project documents which specifically applies to or grants rights to the Township of Scio may be released, changed, modified, or amended without the advance written approval of the Township of Scio.
(9) A person causing or requesting an amendment to the Project documents shall be responsible for costs and expenses of the amendment to the Project documents except for amendments based upon a vote of a prescribed majority of owners or based upon the Advisory Committee's decision, the costs of which are expenses of administration.
(10) A Master Deed amendment dealing with the addition, withdrawal or modification of units or other physical characteristics of the Project shall comply with the standards prescribed in the Act for preparation of an original Condominium Subdivision Plan for the Project.
(11) During the construction and sales period, this Master Deed, and all Exhibits attached hereto, shall not be amended without the written consent of the Developer.
ARTICLE XIII ASSIGNMENT
Any or all of the rights and powers granted or reserved to the Developer in the Project documents or by law, including the power to approve or disapprove any act, use or proposed action or any other matter or thing, may be assigned by it to any other entity or to the Association. Any such assignment or transfer shall be made by appropriate instrument in writing duly recorded in the Office of the Washtenaw County Register or Deeds.
DEVELOPER: Great Oak Development Company, L.L.C.
STATE OF MICHIGAN COUNTY OF WASHTENAW
The foregoing document was acknowledged before me this __6th__ day of August, 2002, by Nicholas Meima, Member of Great Oak Development Company, L.L.C., on behalf of the Company.
Nancy M. Burger
Notary Public, Washtenaw County, MI
My Commission expires: 05/14/03
Drafted by and when recorded return to:
Nancy M. Burger
BURGER & ASSOCIATES, PLC
300 North Fifth Avenue, Suite 210
Ann Arbor, Michigan 48104
Comments:Master Deed. I don't think the community reached agreement on this, it was probably just created by lawyers and Nick Meima. It was signed on August 6th, 2002.
As of: Fri, 24 Mar 2017 22:08:06 -0400