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A service of

Master Deed Text

Amended Consolidated Master Deed

 

Earhart Village Homes

 

(Act 59, Public Acts of 1978, As Amended)

 

Earhart Village Homes Association, a Michigan non-profit

corporation, whose address is 339 E. Liberty Street, Suite 300,

Ann Arbor, Michigan, being charged with the management and

administration of Earhart Village Homes, a condominium project

established pursuant to the Consolidated Master Deed dated

March16, 1976, and recorded November 4, 1980, in Liber 1780,

Pages 388 through 435, inclusive, Washtenaw County Records,

and known as Washtenaw County Condominium Subdivision

Plan No. 11, hereby amends said Consolidated Master Deed of

Earhart Village Homes, in its entirety, in order to bring it into

compliance with the Michigan Condominium Act, being Act 59

of the Public Acts of 1978, as amended, pursuant to the authority

reserved in Article NINTH thereof, and with the affirmative vote

of more than two-thirds of the co-owners in Earhart Village

Homes. Upon recording of this Amended Consolidated Master

Deed in the Office of the Washtenaw County Register of Deeds,

said previously recorded Consolidated Master Deed, as

amended, shall be superseded and replaced.

 

WITNESSETH:

 

WHEREAS, the Association is the administrator of certain

real property located in the City of Ann Arbor, County of

Washtenaw, Michigan, and more particularly described as

follows:

 

Outlot “G”, Outlot “H” and Outlot “K” of Earhart

Subdivision: a subdivision of part of the West 1/2 of

Section 25 and the East 1/2 of Section 26, T2S,

R6E, City of Ann Arbor, Washtenaw County, Michigan,

as recorded in Liber 19 of Plats, Pages 20

through 25, inclusive, Washtenaw County Records.

 

WHEREAS, the Association desires, by recording this

Consolidated Master Deed, together with the Condominium By-

Laws attached as Exhibit “A” and together with the Condominium Subdivision Plan attached as Exhibit “B”. (both of which

are incorporated by reference), to reestablish the real property.

together with all improvements and all appurtenances, as a

Condominium under the provisions of the Act;

 

NOW, THEREFORE, the Association does, upon record- 

ing, reestablish Earhart Village Homes as a Condominium

under the Act and does declare that Earhart Village Homes

(referred to as the “Condominium”) shall, after such reestablishment.

be held, conveyed, mortgaged, encumbered, and leased.

rented, occupied. improved, or in any other manner used

subject to the provisions of the Act and to the covenants,

conditions. restrictions. uses. limitations. and affirmative obligations

set forth in this Master Deed and attached Exhibits “A” and

'B”, all of which shall be deemed to run with the land and shall

be a burden and a benefit to the Association and any persons

'uiring or owning an interest in the said real property, their

guarantees, successors, heirs, personal representatives and

assigns. In furtherance of the establishment of said Condominium.

it is provided as follows:

 

Article I

Definitions

 

Certain terms are used in this Master Deed and Exhibits “A”

and “B” and are used in various other instruments such as the

Articles of Incorporation and Association By-Laws, and Rules

and Regulations of the Earhart Village Homes Association, a

Michigan non-profit corporation, and deeds, mortgages, liens,

land contracts, easements, and other instruments affecting the

establishment of or transfer of interests in Earhart Village

Homes as a condominium, Wherever used in such documents

or any other pertinent instruments, the terms set forth below

shall be defined as follows:

 

(1) The “Act” means the Michigan Condominium Act, being Act

59 of the Public Acts of 1978, as amended.

 

(2) “Association' means Earhart Village Homes Association,

the non-profit corporation organized under Michigan law, of

which all co-owners shall be members. The corporation

shall administer, operate, manage, and maintain the Condominium.

Any action required of or permitted to the

Association shall be exercisable by its Board of Directors

unless specifically reserved to its members by the Condominium

documents or the laws of the State of Michigan.

 

(3) “Association By-Laws” means the corporate By-Laws of

Earhart Village Homes Association, the Michigan nonprofit

Corporation organized to manage, maintain and administer the

Condominium.

 

(4) “Common elements” where used without modification, shall

mean both the general and limited common elements

described in Article IV. 

 

(5) “Condominium By-Laws' means Exhibit “A”, being the By-

Laws setting forth the substantive rights and obligations of

the co-owners and required by Section 3(8) of the Act to be

recorded as part of the Master Deed.

 

(6) “Condominium documents' wherever used means and

includes this Master Deed and Exhibits “A” and “B”, the

Articles of Incorporation, the By-Laws. and the Rules and

Regulations. if any. of the Association.

 

(7) “Condominium premises” means and includes the land and

the buildings, all improvements and structures, and all

easements, rights and appurtenances belonging to Earhart

Village Homes as described above.

 

(8) “Condominium' means Earhart Village Homes as a condominium

project established in conformity with the provisions

of the Act.

 

 (9) “Condominium Subdivision Plan' means Exhibit 'B'.

 

(10) “Co-owner” means a person, firm, corporation, partnership,

association, trust, or other legal entity or any combination

who or which owns one or more units in the Condominium.

The term 'owner', wherever used. shall be synonymous

with the term 'co-owner'. 'Co-owner' shall also include a

land contract purchaser, and both the land contract seller

and purchaser shall have joint and several responsibility for

assessments by the Association.

 

(11) 'Mortgage holder' means the individual, financial institution,

corporation, partnership, or other entity holding a first

mortgage lien on an individual condominium unit in Earhart

Village Homes.

 

(12) 'Unit' means the enclosed space constituting a single

complete condominium unit in Earhart Village Homes.

Such space is described in Exhibit 'B'.

 

(13) Whenever any reference is made to one gender, the same

shall include a reference to any and all genders where the

same would be appropriate; similarly, whenever a reference

is made to the singular, a reference shall also be

included to the plural where the same would be appropriate.

 

Article II

Title of Condominium

 

The Condominium shall be known as Earhart Village

Homes, Replat No.4 of Washtenaw County Condominium

Subdivision Plan No.11.  The architectural plans for the Condominium

were approved by the City of Ann Arbor, Washtenaw

County, State of Michigan. The Condominium is reestablished

in accordance with the Act.

 

Article III

Nature of Condominium

 

(1) The buildings and units contained in the Condominium,

including the number, boundaries, dimensions, area, and

volume of each condominium unit, are set forth completely

in the Condominium Subdivision Plan attached as Exhibit

'B'. Each building contains individual units for single family

residential purposes and each unit is capable of individual

use because each has its own entrance from, and exit to,

a common element of the Condominium.

 

(2) Each co-owner in the Condominium shall have an exclusive

right to his/her condominium unit and shall have undivided

and inseparable rights to share with other co-owners the

common elements of the Condominium as are designated

by this Master Deed. 

 

(3) No co-owner shall use his/her condominium unit or the

common elements in any manner inconsistent with the

purposes of the Condominium or in any manner which will

interfere with or impair the rights of any other co-owner in

the use and enjoyment of his/her condominium unit or the

common elements.

 

Article IV

Common Elements

 

The common elements of the Condominium described in

Exhibit 'B' attached and the respective responsibilities for the

insurance, maintenance, decoration, repair or replacement

thereof are as follows:

 

(1) The general common elements (which means the common

elements other than the limited common elements) are:

 

(a) The land described on page one above, including private

roads, driveways, sidewalks, and all unassigned parking

spaces not designated as limited common elements; 

 

(b) The electrical wiring network throughout the Condominium,

 including that contained within interior unit

walls, up to the point of connection with electrical fixtures

within any unit;

 

(c) The gas line network throughout the Condominium,

including that contained within unit walls, up to the point

of connection with any gas fixtures within any unit;

 

(d) The telephone, telecommunication and television wiring

networks throughout the Condominium but excluding

any commercial cable television network within the

Condominium;

 

(e) The plumbing network throughout the Condominium,

including that contained within unit walls, up to the point

of connection with plumbing fixtures within any unit;

 

(f) The water distribution system, sanitary sewer system

and storm drainage system throughout the Condominium;

 

(g) Foundations, supporting columns, unit perimeter walls

(including windows and doors therein), roofs, ceilings,

floor construction between unit levels, basement floor

and chimneys;

 

(h) The community building, swimming pool, and other

recreational facilities as shown on Exhibit 'B' attached

hereto;

 

(i) Such other elements of the Condominium not designated as general or

limited common elements which are

not enclosed within the boundaries of a unit and which

are intended for common use or necessary to the

existence, up keep and safety of the Condominium.

 

(j) Some or all of the utility lines (including mains and service

leads) and equipment described in Article IV, paragraphs

(1)(b), (c), (d), (e), and (f) may be owned by the

local municipal authority or by the company that is

providing the pertinent utility service. Accordingly, such

utility lines and equipment shall be general common

elements only to the extent of the co-owners' interest

therein.

 

(2) The limited common elements (which means a portion of the

common elements reserved for the exclusive use of less

than all of the co-owners) are:

 

(a) Certain garages are appurtenant to certain units as

limited common elements as designated in Exhibit 'B'

with numbers which correspond to the unit to which suet

garages respectively appertain.

 

(b) The interior of each garage, together with the garage

door and any door opening mechanism. shall be limited

in use to the co-owner of the unit to which such garage

is appurtenant.

 

(c) Each individual deck or patio in the Condominium is

restricted in use to the co-owner of the unit which is

served by such deck or patio as shown on Exhibit “B'.

 

(d) Each individual air-conditioner and compressor, furnace

and hot water heater shall be restricted in use to the co-owner

of the unit which is served by such equipment.

 

(e) Each atrium designated as such in Exhibit “B' shall be

restricted in use to the co-owner of the unit which

surrounds such atrium.

 

(f) Each individual porch or balcony in the Condominium is

restricted in use to the co-owner of the unit which is

served by such porch or balcony as shown on Exhibit

“B'.

 

(g) Fireplaces, the interior surfaces of unit perimeter walls

(including windows, screens and doors), heating ducts,

walls, ceilings and floors contained within a unit shall be

subject to the exclusive use and enjoyment of the co-owner

of such unit.

 

(3) The respective responsibilities for the insurance, maintenance,

decoration, repair, and replacement of the common

elements are as follows:

 

(a) The cost of insurance, maintenance, repair, and replacement

of the limited common elements described in

Article IV, paragraphs (2)(c), (2)(d) and (2)(e) above,

shall be borne by the co-owner of the unit to which such

limited common elements respectively appertain. An

exception is that any patio area consisting primarily of

lawn area shall be mowed by the Association and any

fences between patios, or screening air-conditioning

equipment, installed by the original developer or the

Association shall be maintained, repaired and replaced

by the Association.

 

(b) The cost of insurance, maintenance, repair, and replacement

of all other general and limited common

elements described above shall be borne by the Association

unless such maintenance, repair and replacement

is necessitated by co-owner fault (which shall

include actions by guests, agents, invitees, tenants,

family members, or pets) in which case the co-owner at

fault shall bear such costs as exceed any insurance

proceeds, including any deductible amount. The costs of

decorating and cleaning, (but not repair or replacement

except in cases of co-owner fault) of all surfaces referred

to in Article IV, paragraphs (2)(b), (2)(e) and (2)(g) ,shall

be borne by the co-owner of each unit to which such

surfaces are appurtenant.

 

(c) The cost of maintaining, repairing and replacing the

water heater, garage door opener, internal unit plumbing.

dishwasher, refrigerator, stove. oven, garbage disposal.

non-standard storm and screen doors, heating

and air conditioning equipment and duct work, lighting,

and other items that are not common elements but which

service a unit, whether or not they are within the unit,

shall be the sole responsibility of the co-owner of that

unit.

 

(d) The individual co-owners shall be responsible for the

cost and installation of bulbs within the exterior light

fixtures of their respective units, although the fixtures

themselves shall be maintained by the Association.

 

(e) The individual co-owners shall be responsible for the

cost of the cleaning of, and snow removal from, their

respective patios, decks and balconies.

 

(f) In the event a co-owner fails to maintain, decorate, repair

or replace any items for which he/she is responsible, the

Association shall have the right, but not the obligation, to

take whatever action or actions it deems desirable to so

maintain, decorate, repair or replace any of such limited

common elements, all at the expense of the co-owner of

the unit. Failure of the Association to take any such

action shall not be deemed a waiver of the Association's

right to take any such action at a future time. All costs

incurred by the Association in performing any responsibilities

under this Article IV which are required, in the first

instance to be borne by any co-owner, shall be assessed

against the co-owner and shall be due and payable with

his/her monthly assessment next falling due. Further,

the lien for nonpayment shall attach as in all cases of

regular assessments and such assessments may be

enforced by the use of all means available to the

Association under the condominium documents and by

law for the collection of regular assessments including,

without limitation, legal action, foreclosure of the lien

securing payment and imposition of fines.

 

Article V

Unit Description and Percentage of Value

 

(1) Each unit in the Condominium is described in this paragraph

with reference to the Condominium Subdivision Plan of

Earhart Village Homes as surveyed by Washtenaw Engineering

Co., Inc., and attached as Exhibit “8'.Each unit

shall include: (1) with respect to each unit which contains a

basement, all that space contained within the unpainted

surfaces of the basement floor and walls and the uncovered

underside of the first floor joists, and (2) with respect to the

upper floors of units, all that space contained within the

interior finished unpainted main walls and ceilings and from

the finished sub floor, all as shown on the floor plans and

sections in Exhibit “B' and delineated with heavy outlines.

The dimensions shown on basement plans in Exhibit “B'

have been physically measured by Washtenaw Engineering

Co., Inc. In the event that the dimensions on the

measured basement plan of any specific unit differ from the

dimensions on the typical basement plan for such unit

shown in Exhibit “B' then the typical upper plans for such

unit shall be deemed to be automatically changed for such

specific unit in the same manner and to the same extent as

the measured basement plan. The architectural plans and

specifications for the Condominium have been filed with the

City of Ann Arbor.

 

(2) The percentage of value assigned to each unit is set forth in

subparagraph (3) below. The percentage of value assigned

to each unit shall be determinative of the proportionate

share of each respective co-owner in the common elements,

proceeds, and administrative expenses and the

value of each co-owners vote at Association meetings. The

total value of the Condominium is 100.

 

(3) Set forth below are:

 

(a) Each condominium unit number as it appears on the

Condominium Subdivision Plan. 

 

(b) The percentage of value assigned to each condominium 

unit. 

 

Building and         Percentage of

Unit Number        Value Assigned

 

Building 1

801             .57 

803             .60

805             .52

807             .50

809             .50

811             .71

813             .68

815             .47

817             .47

819             .57

 

Building2

770             .57

772             .60

774             .52 

776             .47

778             .47

780             .68 

782             .71 

784             .50

786             .50

788             .52 

790             .60

792             .57

 

Building 3

740             .52 

742             .47 

744             .47 

746             .66

748             .71

750             .50

752             .50 

754             .52 

756             .52

758             .47

 

Building 4

700             .57

702             .60

704             .52

706             .47 

708             .47 

710             .68 

712             .71 

714             .50 

716             .50 

718             .52

720             .60 

722             .57

 

Building 5

670             .60

672             .47

674             .47

676             .66

678             .71

680             .50

683             .50

684             .60

686             .52

 

Building 6

640             .57

642             .60

644             .52

646             .60

648             .71

650             .66

652             .68

654             .71

656             .50

658             .52

660             .60

662             .57

 

Building 7

810             .71

812             .60

814             .60

816             .47

818             .47

820             .68

822             .71

824             .50

826             .50

828             .52

830             .60

832             .68

 

Building 8

871             .47

872             .47

875             .57

 

Building 9

841             .57

843             .60

845             .52

847             .60

849             .71

851             .66

853             .68

855             .71

857             .50

859             .52

861             .60

863             .57

 

Building 10

877             .47

879             .60

881             .52

883             .50

885             .50

887             .71

889             .68

891             .47

893             .47

895             .52

897             .60

899             .57

 

Building 11

911             .52

913             .60

915             .50

917             .50

919             .71

921             .66

923             .47

925             .47

927             .60

929             .71

931             .66

933             .71

935             .60

937             .52

939             .60

941             .57

 

Building 12

951             .57

953             .60

955             .52

957             .60

959             .71

961             .66

 

Building 13

1014           .57

1016           .60

1018           .52

1020           .60

1022           .71

1024           .66

1026           .68

1028           .71

1030           .50

1032           .52

1034           .60

1036           .71

 

Building 14

1002           .68

1004           .71

1006           .50

1008           .52

1010           .60

1012           .57

 

Building 15

1074           .57

1076           .60

1078           .52

1080           .47

1082           .47

1084           .66

1086           .71

1088           .50

1090           .50

1092           .52

1094           .60

1096           .57

 

Building 16

1050           .57

1052           .60

1054           .52

1056           .47

1058           .47

1060           .66

1062           .71

1064           .50

1066           .50

1068           .52

1070           .60

1072           .57

 

Building 17

1038           .68

1040           .71

1042           .50

1044           .52

1046           .60

1048           .57

 

TOTAL 100%

 

Article VI

Rights of Mortgage Holders

 

Notwithstanding any other provision in this Master Deed or

the Condominium By-Laws or any other documents, the following

provisions shall apply and may not be amended or deleted

without the prior written consent of the holders of first mortgages

on at least two-thirds (213) of the condominium unit of record:

 

(1) A first mortgage holder, at its request. is entitled to written

notification from the Association of any default by the co-

owner of a condominium unit in the performance of the co-owner's

obligations under the Condominium documents

which is not cured within sixty (60) days.

 

(2) Any first mortgage holder who obtains title to a unit pursuant

to the remedies provided in the mortgage or foreclosure of

the mortgage or deed (or assignment) in lieu of foreclosure

shall be exempt from any 'right of first refusal' contained in

the Condominium documents and shall be free to sell or

lease such unit without regard to any such provision.

 

(3) Any first mortgage holder who obtains title to a unit pursuant

to the remedies provided in the mortgage or foreclosure of

the mortgage or deed (or assignment) in lieu of foreclosure

shall not be liable for such unit's unpaid dues or charges

which accrue prior to the acquisition of title to such unit by 

the mortgage holder (except for claims for a pro rata share

of' such assessments or charges resulting from a pro rata

reallocation of such assessments or charges to all units,

including the mortgaged condominium unit).

 

(4) Unless at least two-thirds (2/3) of the first mortgage holders

(based upon one (1) vote for each mortgage owned) and co-owners

of the individual condominium units have given their

prior written approval, the Association shall not be entitled

to:

 

(a) by act or omission seek to abandon or terminate the

Condominium;

 

(b) change the pro rata interest or obligations of any

condominium unit for the purpose of (i) levying assessments

or charges or allocating distributions of hazard

insurance proceeds or condemnation awards, or (ii)

determining the pro rata share of ownership of each unit

in the common elements;

 

(c) partition or subdivide any condominium unit;

 

(d) by actor omission seek to abandon, partition, subdivide,

encumber, sell, or transfer the common elements. The

granting of easements for public utilities or for other

public purposes consistent with the intended use of the

common elements by the Condominium shall not be

deemed a transfer within the meaning of this clause;

 

(e) use hazard insurance proceeds for losses to any condominium

property (whether to units or to common elements)

for other than the repair, replacement or reconstruction

of such improvements, except as provided by

statute in case of substantial loss to the units and/or

common elements of the Condominium unit;

 

(5) Each first mortgage holder has the right to examine the books

and records of the Association and the Condominium.

 

(6) No condominium unit owner, or any other party, shall have

priority over any rights of first mortgage holders of condominium

units pursuant to their mortgages in the case of a

distribution to condominium unit owners of insurance proceeds

or condemnation awards for losses to or a taking of

condominium units and/or common elements.

 

Article VII

Damage to Condominium

 

In the event the Condominium is partially or totally damaged

or destroyed or partially taken by eminent domain, the repair,

reconstruction or disposition of the property shall be as provided

by the By-Laws attached as Exhibit “A”.

 

Article VIII

Easements

 

In the event any portion of a unit or common element

encroaches upon another unit or common element due to

shifting, settling or moving of a building, or due to survey errors

or construction deviations, reciprocal easements shall exist for

the maintenance of such encroachment for so long as such

encroachment exists.

 

Maintenance easements shall exist to, through and over

those portions of the land, structures, buildings, improvements,

floors, and walls (including interior unit floors and walls)

contained therein for the continuing maintenance and repair of all

utilities in the Condominium as originally constructed and for

interior access to water shut-off valves that provide water to the

common elements. There shall exist easements of support with

respect to any unit interior wall which supports a common

 element. The Board of Directors of the Association may grant

easements over or through or dedicate any portion of any

general common element of the Condominium for utility, roadway

or safety purposes.

 

Article IX

Amendment or Termination

 

Except as provided in preceding paragraphs, the Condominium

shall not be terminated or any of the provisions of this

Master Deed or attached Exhibits amended unless done in

compliance with the following provisions:

 

(1) The Association may (acting through a majority of its Board

of Directors and without the consent of any co-owner or any

other person) amend this Master Deed and the plans

attached as Exhibit “B' in order to correct surveyor other

errors made in such documents. Further, the Board of

Directors make such other amendments to the documents

and to the By-Laws attached as Exhibit “A” as long as they

do not materially affect any rights of any co-owners in the

Condominium or impair the security of any mortgage holder.

This includes, but is not limited to, amendments for the

purpose of maintaining this Master Deed in compliance with

the Act and of facilitating conventional mortgage loan

financing for existing or prospective co-owners and to

enable the purchase of such mortgage loans by the Federal

Home Loan Mortgage Corporation, the Federal National 

Mortgage Association, the Government National Mortgage

Association, and/or any other agency of the Federal government

or the State of Michigan.

 

(2) The Condominium may be terminated only by the agreement

of eighty percent (80%) of the co-owners of condominium

units and the mortgage holders of two-thirds (2/3) of the first

mortgages covering the condominium units.

 

(3) Agreement of the required majority of co-owners and mortgage

holders to the termination of the Condominium shall

be evidenced by their execution or ratification of the termination

agreement and the termination shall become effective

only when the agreement is so evidenced of record.

 

(4) Upon recordation of an instrument terminating the Condominium,

the property constituting the Condominium shall

be owned by the co-owners as tenants in common in

proportion to their respective undivided interests in the

common elements immediately before recordation. As long

as the tenancy in common lasts, each co-owner or the heirs,

successors or assigns shall have an exclusive right of

occupancy of that portion of the property which formerly

constituted the condominium unit.

 

(5) Upon recordation of an instrument terminating the Condominium,

any rights the co-owners may have to the assets

of the Association shall be in proportion to their respective

undivided interests in the common elements immediately

before recordation, except that common profits shall be 

distributed in accordance with the Condominium documents

and the Act.

 

(6) The Condominium documents may be amended for a proper

purpose by the Board of Directors of the Association,

without the consent of co-owners, mortgage holders and

other interested parties, including changes deemed

necessary to comply with the Act, as long as the amendments do

not materially alter or change the rights of the co-owners,

mortgage holders or other interested parties.

 

(7) The Condominium documents may be amended for a proper

purpose, other than as set forth above, even if the amendment

will materially alter or change the rights of the co-owners,

mortgage holders or other interested parties. with

the prior written consent of two-thirds (2/3) of the first

mortgage holders (based upon one (1) vote for each

mortgage owned) and co-owners of the individual condominium

units. A co-owner’s condominium unit dimensions

or appurtenant limited common elements may not be

modified without the consent of the co-owner and his/her

mortgage holder.

 

(8) A person causing or requesting an amendment to the

Condominium documents shall be responsible for costs

and expenses of the amendment except for amendments

based upon a vote of a prescribed majority of co-owners.

the costs of which become administrative expenses.

 

(9) A Master Deed amendment dealing with the addition,

withdrawal or modification of units or other physical characteristics

of the Condominium shall comply with the standards

prescribed in the Act for preparation of an original

Condominium Subdivision Plan for the project.

 

 

WITNESSES:

Karl R. Frankena

 

Deborah K. Comini

 

STATEOF MICHIGAN

COUNTYOF WASHTENAW

 

On this 21st day of  March , 1994, before me appeared Tom S. Gable, known to me personally, who, being by me sworn, did say that he is the President of Earhart Village Homes Association, the corporation named in and which executed the within instrument. and that said instrument was signed on behalf of said corporation

by authority of its Board of Directors, and said Tom S. GabIe acknowledged said instrument to be the free act and deed of said corporation.

 

Karl R. Frankena Notary Public

Washtenaw County, Michigan;

My commission expires: 3/8/95

 

This document was prepared by

and when recorded return to:

Karl R. Frankena

Conlin, McKenney & Philbrick. P.C.

700 City Center Building

Ann Arbor, Michigan 48104

 

 
 
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