BYLAWS

of

HARBOR WEST YACHT CLUB

ARTICLE I MEMBERSHIP

Section 1 The Club The Harbor of Traverse City, a marina condominium project composed of 158 units, located in the Township of Elmwood, Leelanau County, Michigan, shall be administered by a non-profit corporation, organized under the applicable laws of the State of Michigan under the name, HARBOR WEST YACHT CLUB, hereinafter referred to as "Club"

Section 2 Owners Each owner of a unit in the condominium project shall be a member of the Club and no other person or entity shall be entitled to membership A land contract vendee shall be considered and treated as an "Owner" if the land contract so provides, but not otherwise As used herein, the term "Owner" shall be synonymous with "Member" of the Club

Section 3 Membership Membership in the Club shall be established by acquisition of fee simple title to, or a land contract vendee's interest in, a unit in the condominium project and by recording with the Register of Deeds of Leelanau County, a deed, a land contract specifying that the vendee shall be the member, or other appropriate_ instrument establishing a change of record title to such unit, and upon the furnishing of evidence of the same satisfactory to the Club, the new member shall thereby become a member of the Club, and the membership of the prior member shall thereby be terminated.

Section 4 No Assignment The share of a member in the funds and assets of the Club cannot be assigned, pledged or transferred in any manner except as an appurtenance to his or her unit in the condominium project.

Section 5 Seal The Club shall have a seal which shall have inscribed thereon the words "Harbor West Yacht Club", "Corporate Seal" and "Michigan"

Section 6 Master Deed The Club shall maintain on file current copies of the Master Deed for the condominium project, any amendments thereto and all other condominium documents, and shall permit all members, prospective purchasers and prospective mortgagees interested in the condominium project to inspect the same during the hours described above

ARTICLE II VOTING

Section 1 One Vote Except as limited in these bylaws, each member shall be entitled to one vote for each unit owned when voting by number and one vote, the value of which shall equal the total of the percentages allocated to the units owned by such member as set forth in Article V of the Master Deed, when voting by value Voting shall be by value except in those instances when voting is specifically required to be both in value and in number However, whenever upon motion duly made, seconded and unanimously approved by those members present and entitled to vote at any lawfully convened meeting of the Club, a resolution in the form and substance as set forth below has been adopted, then voting shall be by number only.

RESOLVED, that with respect to all matters to be voted upon at this meeting, balloting will proceed on the basis of one vote for each condominium unit of the Club unless any one member should object to such a procedure with respect to a specific matter to be voted upon in which event that matter shall be voted upon based on the percentage of value assigned to each condominium unit of the Club

Section 2. Evidence of Ownership No member shall be entitled to vote at any meeting of the Club until he or she has presented evidence of ownership of a unit in the condominium project to the Club The vote of each member may only be cast by such member or by a proxy given by such member

Section 3 Quorum 33% The presence in person or by proxy of thirty-three percent (33%) in number and in value of the members qualified to vote shall constitute a quorum for holding a meeting of the members of the Club, except for voting on questions specifically required herein to require a greater quorum.

Section 4 Proxies Votes may be cast in person or by proxy Proxies must be filed with the Secretary of the Club at or before the appointed time of each meeting of the members of the Club

Section 5 Majority Rules When an action, other than the election of Directors, is to be taken by a vote of the members of the Club, it shall be authorized by a majority of votes cast, unless a greater plurality is required by law or any other provision of these bylaws.

 

 

 

ARTICLE III MEETINGS OF MEMBERS

Section 1 Location Meetings of members of the Club shall be held at such place in Leelanau or Grand Traverse County, Michigan, as may be designated from time to time by the Board of Directors Meetings of the Club shall be conducted in accordance with Roberts Rules of Order or some other generally recognized manual of parliamentary procedure, when not otherwise in conflict with the condominium documents (as defined in the Master Deed), or the laws of the State of Michigan.

Section 2 Annual Meeting At each Annual meeting, the members of the Club shall elect Directors in accordance with the applicable provisions of Article IV In addition, the members of the Club shall also transact such other business as may properly come before the meeting Annual meetings shall be held on the Saturday immediately preceding Labor Day of each year at such time as the Board of Directors shall determine

Section 3 Special Meeting It shall be the duty of the Commodore to call a special meeting of the members as directed by resolution of the Board of Directors or upon a petition signed by one—third (1/3) of the members presented to the Secretary of the Club In addition, the Commodore shall call such special meetings as may be from time to time required by the provisions of Article IV of these bylaws In the event the Commodore shall fail or refuse for any reason to call a special meeting as required hereby within seven (7) days of a request therefore, or shall fail for any reason to convene such a special meeting within thirty (30) days of a request therefore, then any director or member who requested such meeting shall be entitled to call and convene the same by providing notice of such meeting to the other members accordance with the bylaws Notice of any special meeting shall state the time and place of such meeting and the purpose thereof No business shall be transacted at a special meeting except as stated in the notice.

Section 4 Notices It shall be the duty of the Secretary (or any Club officer in the Secretary's absence) to cause notice to be given to each member of record of each annual or special meeting, stating the purpose thereof as well as the time and place where it is to be held, at least ten (10) days but not more than sixty (60) days prior to such meeting The mailing, postage prepaid, or the hand delivery to a mailbox, of a notice to each member shall be deemed notice

served Any member may, by written waiver of notice signed by such member, waive such notice, and such waiver, when filed in the records of the Club, shall be deemed due notice Attendance of a member at a

 

 

regular or special meeting in person or by proxy shall constitute a waiver of notice of such meeting, except where the member attends and objects at the beginning of the meeting, to the transaction of any business because the meeting has not been lawfully called or convened

Section 5 No Quorum If any meeting of members other than the annual meeting cannot be held because of quorum is not in attendance, the members who are present may adjourn the meeting to a time not less than seven (7) days from the time the original meeting was called. Notice of such adjourned date shall be given as required by Section 3 above, except that such notice need be given only two (2) days prior to such adjourned meeting

ARTICLE IV BOARD OF DIRECTORS

Section 1 Qualifications The affairs of the Club shall be governed by a Board of Directors all of whom must be members of the Club or officers, partners, trustees, or spouses, of members of the Club Directors shall serve without compensation, provided, however, that Directors may be reimbursed for reasonable travel and other expenses incurred in discharging their duties pursuant to and in accordance with such reimbursement policies as may be from time to time established by the Board of Directors or by the members of the Club

Section 2. Number The number of Directors of the Club shall be seven (7)      The number of Directors may be decreased or increased by action of the Board of Directors or members, but the number of Directors shall not be less than three (3) and not more than nine (9) In addition, the Directors shall be divided into 3 classes, each to be as nearly equal in number as possible, with terms of office such that the term of Directors in the first class will expire at the first annual meeting following their election, that of the second class to expire at the second annual meeting after their election, and that of the third class to expire at the third annual meeting after their election. At each annual meeting thereafter a number of Directors equal to the number of the class whose term is expiring shall be elected to hold office until the third succeeding annual meeting and until his successor shall have been elected and qualified Directors need not be residents of the State of Michigan.

Section 3 Powers The Board of Directors shall have all powers and duties necessary for the administration of the affairs of the Club and may do all acts and things as are not prohibited by the condominium documents or required hereby to be exercised and done by the members However the Board is not authorized to acquire, buy, sell, convey, assign, mortgage, or lease any real or personal property

 

 

in excess of that provided for in Article VIII, Section 3(a), (b) unless such transaction is approved by the affirmative vote of a majority of members present in person-or by proxy at an annual or special meeting of members. Further, the Board is not authorized to incur any long-term indebtedness (mortgage, note, etc ) for any purpose unless similar approval has been obtained from the members

Section 4 Special Duties In addition to the foregoing duties imposed by these bylaws or any further duties which maybe imposed by resolution of the members of the Club, the Board of Directors shall be responsible specifically for the following,

  1. a. Rules and Regulations To make and amend rules and regulations consistent with the Act, the Master Deed and these bylaws, concerning the use of units, limited common elements and common elements Copies of all such regulations and amendments thereto shall be furnished to all members and shall become effective thirty (30) days after mailing. Any such rule and regulation or amendment may be revoked at any time by the affirmative vote of more than sixty percent (60%) of all members in number and in value
  2. b. Committees To establish such committees composed of such members as it deems necessary

(c) Budget To prepare and submit to each member for review a proposed budget for the Club for each fiscal year no later than thirty (30) days prior to the commencement of such fiscal year, and as soon as practicable after the close of each fiscal

year, to prepare and submit to each member for review a report on the financial condition of the Club as of the end of such fiscal year

Section 5 Management The Board of Directors may employ for the Club a professional management agent at a reasonable compensation established by the Board to perform such duties and services as the Board shall authorize, including, but not limited to, the duties listed in Sections 3 and 4 of this Article, and the Board may delegate to such management agent any other duties or powers which are not by law or by the condominium documents required to be performed by or have the approval of the Board of Directors or the members of the

Club

Section 6 Vacancies Vacancies in the Board of Directors caused by any reason other than the removal of a Director by a vote of the members of the Club shall be filled by vote of the majority of remaining Directors, even though they may constitute less than a quorum. Each person so elected shall be a Director until a successor is elected at the next meeting of the Club at which Directors are elected

 

Section 7 Removal At any annual or special meeting of the Club duly called, any one or more of the Directors may be removed with or without cause by the affirmative vote of a majority of those members present in value and number in person or by proxy and a successor may be elected at the same meeting to fill the vacancy thus created

Section 8 Regular Meetings Regular meetings of the Board of Directors may be held at such times and places as shall-be determines from time to time by a majority of Directors, provided, however, that at least two such meetings shall be held during each fiscal year Written notice of regular meetings of the Board of Directors shall be given to each Director by mail, telegraph or personal delivery at least ten (10) days prior to the date named for such meeting

Section 9 Special Meetings Special meetings of the Boars of Directors may be called by the Commodore on three (3) days written notice to each Director, by telegraph or personal delivery, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the Commodore or Secretary in like manner and on like notice on the

written request of one Director, provided, however, that if a director requested special meeting is not so called by the Commodore or Secretary within seven (7) days of such request, or if called is scheduled to be held more than twenty-one (21) days after the request, then the Director requesting the meeting may call the same by giving notice to each Director as otherwise herein permitted

Section 10 Waiver of Notice Before or at any meeting of the Board of Directors any Director may, in writing, waive notice of such meeting and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director at a meeting of the Board shall constitute waiver of notice of such meeting and a waiver of any objection to the time and place of such meeting, except where a Director attends and objects at the beginning of the meeting, to the transaction of any business because the meeting has not been lawfully called or convened. If all the Directors are present at any meeting of the Board and no objection to the calling or convening of such meeting is made, no notice shall be required and any business may be transacted at such meeting.

Section 11 Quorum 50% At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors If, at any meeting of the Board of Directors, there is less than a quorum present, the majority of those present may then adjourn the meeting to a subsequent time upon twenty-four (24) hours prior written notice delivered to all Directors not present. Any business which might have been transacted at the

meeting as originally called may be transacted at the adjourned meeting

Section 12. Committees The Board of Directors may designate one (1) or more committees, consisting of one or more Directors of the Club, to exercise all or any portion of the power and authority of the Board of Directors with respect to the management of the affairs of the Club as the Board of Directors from time to time determines to be appropriate, provided, however, that no such committee may be established while a vacancy exists on the Board of Directors or at a meeting attended by less than all Directors

ARTICLE V OFFICERS

Section 1 Principal Officers The principal officers of the Club shall be a Commodore, who shall be a member of the Board of Directors, a Vice Commodore, a Secretary and a Treasurer The Commodore and Vice Commodore are each authorized to use the titles President and Vice

President in the appropriate circumstances and the title "Commodore" shall be synonymous with "President" and the title "Vice Commodore" shall be synonymous with "Vice President" when used on appropriate government forms or otherwise The Directors may appoint an Assistant Treasurer, and an Assistant Secretary, and such other officers as in their judgment may be necessary Any two (2) offices may be held by one person.

Section 2 Annual Election The officers of the Club shall be elected—annually by the Board of Directors at the Organizational meeting of each new Board and shall hold office at the pleasure of the Board.

Section 3 Removal Upon an affirmative vote of majority of the members of the Board of Directors, any officer may be removed either with or without cause, and his successor elected at any regular or special meeting of the Board

Section 4 Commodore The Commodore shall be the chief executive officer of the Club and shall preside at all meetings of the Club and of the Board of Directors The Commodore shall have all of the general powers and duties which are usually vested in the office of the President of a club, including, but not limited to, the power to appoint committees from among the members of the club from time to time as he or she may in his or her discretion deem appropriate to assist in the conduct of the affairs of the Club

Section 5 Vice Commodore The Vice Commodore shall take the place of the Commodore and perform the duties of such office whenever

 

 

the Commodore shall be absent or unable to act If neither the Commodore nor the Vice Commodore is able to act, the Board of Directors shall appoint some other member of the Board to do so on an interim basis The Vice Commodore shall also perform such other duties as shall from time to time be imposed by the Board of Directors

Section 6 Secretary The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the members of the Club The Secretary shall have charge of the corporate seal and of such books and papers as the Board of Directors may direct and shall, in general, perform all duties incident to the office of Secretary

Section 7 Treasurer The Treasurer shall have responsibility for overseeing the Club's funds and securities and shall be responsible for supervision of the keeping of full and accurate accounts of all receipts and disbursements in books belonging to the Club The Treasurer shall also be responsible for overseeing the deposit of all monies and other valuable effects in the name and to the credit of the Association, and in such depositaries as may, from time to time, be designated by the Board of Directors With the prior approval of the Board of Directors as to the manner of achieving appropriate supervisory control, the Treasurer may delegate all aspects of such activities to an authorized agent, employee or officer of the Club so long as the approved supervisory control thereover is maintained.

Section 8 Other Duties The officers shall have such other duties, powers and responsibilities as shall from time to time, be authorized by the Board of Directors

ARTICLE VI FINANCE

Section 1 Books of Account The Club shall keep or cause to be kept detailed books of accounts showing all expenditures and receipts of administration which shall specify the maintenance and repair expenses of the common elements and any other expenses incurred by or on behalf of the Club and the members. Accrual basis accounting shall be used in keeping all books of accounts for the Club Such accounts and all other Club records shall be open for inspection by the members during regular business hours The books of account shall be audited by qualified independent auditors whenever the Board of Directors shall determine that an audit is necessary or desirable, provided, however, that such auditors need not be certified public accountants nor does such audit need to be a certified audit The costs of any such audit and any accounting expenses shall be expenses of administration. No later than thirty (30) days following the end of each

fiscal year the Board of Directors shall prepare and distribute to each member a balance sheet and a report on the financial condition of the Club as of the end of such fiscal year

Section 2 Fiscal Year The fiscal year of the Club shall be an annual period commencing on the first day of December each year and ending on the last day of November each succeeding year

Section 3 Banks --Checks The funds of the Club shall be deposited in such bank as may be designated by the Board of Directors or the Management Agent for the Club, and shall be withdrawn only upon the check or order of such officers, employees or agents as are designated by resolution of the Board of Directors from time to time.

ARTICLE VII INDEMNIFICATION OF OFFICERS AND DIRECTORS

Section 1 Separate Action The Club may indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by or in the right of the Club) by reason of the fact that he is or was a director, employee or agent of the Club, or is or was serving at the request of the Club as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by him in connection with such action, suit or proceeding if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Club or its members, and with respect to any criminal action or proceeding, had no reasonable cause to believe his conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not, of itself, create. a presumption that the person did not act in good faith and in a manner which he reasonably believed to be in or not opposed to the best interests of the Club or its members, and with respect to any criminal action or proceeding, had reasonable cause to believe that his conduct was unlawful

Section 2 Derivative Action The Club may indemnify any person who was or is a party to or is threatened to be made a party to any threatened, pending or completed action or by suit or in the right of the Club to procure a judgment in its favor by reason of the fact that he is or was a director, officer, employee or agent of the Club, or is or was serving at the request of the Club as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against expenses (including attorneys' fees)

actually and reasonably incurred by him in connection with the defense or settlement of such action or suit-if he acted in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the Club or its members and except that no indemnification shall be made in respect of any claim, issue or matter as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his duty to the Club unless and only to the extent that the court in which such action or suit was brought shall determine upon application that despite the adjudication of liability but in view of all circumstances of the case, such person is fairly and reasonably entitled to indemnify for such expenses which such court shall deem proper

Section 3 Extent

  1. a. If Successful To the extent that a director, officer, employee or agent of the Club has been successful on the merits or otherwise in defense of any action, suit or proceeding referred to in Section 1 or 2 of this Article VII, or in defense of any claim, issue or matter thereon, he shall be indemnified against expenses (including attorneys' fees) actually and reasonably incurred by him in connection therewith.
  2. b. Determination Any indemnification under Sections 1 or 2 of this Article VII (unless ordered by a court) shall be made by the Club only as authorized in the specified case upon a determination that indemnification of the director, officer, employee or agent is proper in the circumstances because he has met the applicable standard of conduct set forth in Sections 1 and 2 of this Article VII. Such determination shall be made in either of the following ways
    1. 1. By Board By the Board of Directors by a majority vote of a quorum consisting of directors who were not party to such action, suit or proceeding
    2. 1. Other If such quorum is not obtainable, or, even if obtainable, a quorum of disinterested directors so directs, by independent legal counsel, who may be the regular counsel of the Club, in a written opinion.

(3) By Members By the members at a regular or special meeting of members.

Section 4 Advances Expenses incurred in defending a civil or criminal action, suit or proceeding described in Sections 1 or 2 of this Article VII may be paid by the Club in advance of the final disposition of such action, suit or proceeding if authorized in a manner provided in subsection (b) of Section 3 of this Article VII

 

 

upon receipt of an undertaking by or on behalf of the director, officer, employee or agent to repay such amount unless it shall ultimately be determined that he is entitled to be indemnified by the Club

Section 5 Conflict A provision made to indemnify directors or officers in connection with any action, suit or proceeding referred to in Section 1 or 2 of this Article VII whether contained in the articles of incorporation, these bylaws, a resolution of members or directors, an agreement or otherwise, shall be invalid only insofar as it is in conflict with Sections 1 to 5 of this Article VII. Nothing contained in Sections 1 to 5 of this Article VII shall affect any rights to indemnification to which persons other than directors and officers may be entitled by contract or otherwise by law The indemnification provided in Section 1 to 5 of this Article VII continues as to a person who has ceased to be a director, officer, employee or agent and shall inure to the benefit of the heirs, executors and administrators of such person.

Section 6 Insurance The Club may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee or agent of the Club, or is or was serving at the request of the Club as a director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise against any liability asserted against him and incurred by him in any such capacity or arising out of his status as such whether or not the Club would have power to indemnify him against such liability under Sections 1 to 5 of this Article VII.

Section 7 Notice to Members Notwithstanding. anything in this Article VIII to the contrary, no indemnification shall be made to any director, officer, employee or agent unless ten (10) days' advance notice of the making of such payment shall be given to the members of the Club Without limiting the method or methods by which the notice required hereby may be served, the mailing, postage prepaid, of a notice to each member or to the representative of each member at the address shown in the notice required to be filed with the Club by Article II, Section 3 of these bylaws fifteen (15) days prior to the making of any such payment shall be deemed notice served for purposes of this Section.

ARTICLE VIII ASSESSMENTS

Section 1 Personal Property Taxes The Club shall be assessed as the person or entity in possession of any tangible personal property of the condominium project owned or possessed in common by the

 

 

members, and personal property taxes based thereon shall be treated as expenses of administration.

Section 2 Expenses of Administration All costs incurred by the Club in satisfaction of any liability arising within, caused by, or in connection with, the common elements or the administration of the condominium project shall constitute expenses of administration of the condominium project, and all sums received as the proceeds of, or -pursuant to, any policy of insurance carried by the Club securing the interests of the members against liabilities or losses arising within, caused by or connected with the common elements or the administration of the condominium project shall constitute receipts affecting the administration of the condominium project, within the meaning of Section 54(4) of the Act.

Section 3 Assessments - How Determined Assessments shall be determined in accordance with the following paragraph.

(a) Budgets The Board of Directors of the Club shall establish an annual budget for each fiscal year A Tentative budget shall be submitted to each member prior to the annual meeting of members An adequate reserve fund for maintenance, repairs and replacement of those common elements that must be replaced on a periodic basis must be established in the budget and must be funded by regular payments as set forth in Section 4 below rather than by special assessments The Board of Directors shall allocate an amount equal to at least ten percent (10%) of each cash budget to a reserve fund (excluding the amount allocated to the reserve fund) until such time as the reserve fund equals eighty percent (80%) or more of the budget. Withdrawals from the reserve fund shall be replaced by additional allocations as the Board shall determine. When the budget has been properly prepared and submitted, the assessment for said year shall be established based upon said budget The Board of Directors shall have the authority to increase the general assessment or to levy such additional assessment or assessments as it shall deem to be necessary for the following purposes       (1) to make up any deficit arising from the normal and usual operation and management of the condominium project, (2) to provide replacements of existing common elements, (3) to provide additions to the common elements not exceeding a cost of Five Thousand Dollars ($5,000 00) annually, or (4) to meet emergencies or other unforeseeable liabilities and obligations not exceeding a cost of Five Thousand Dollars ($5,000 00) annually The discretionary authority of the Board of Directors to levy assessments pursuant to this subparagraph shall rest solely with the Board of Directors for the benefit of the Club and the members thereof, and shall not be enforceable by any creditors of the Club or the creditors of the members thereof

  1. b. Special Assessments Special assessments, in addition to those required in (a) above, may be made by the Board of Directors from time to time and approved by the members as hereinafter provided to meet other needs or requirements of the Club, including, but not limited to (1) assessments for capital improvements for additions of a cost exceeding Five Thousand Dollars ($5,000 00) in the aggregate per year, (2) assessments to purchase a condominium unit upon foreclosure of the lien for assessments described in Section 6 hereof, .(3) assessments for any other appropriate purpose not elsewhere herein described. Special assessments referred to in this subparagraph (b) (but not including those assessments referred to in subparagraph 3(a) above which shall be levied in the sole discretion of the Board of Directors) shall not be levied without the prior approval of more than sixty percent (60%) of all members in value and in number The authority to levy assessments pursuant to this subparagraph is solely for the benefit of the Club and the members thereof and shall not be enforceable by any creditors of the Club or the creditors of the members thereof
  2. b. Bubbling Assessment In addition to the assessments set forth in subparagraphs (a) and (b) above, the Board of Directors shall assess each member whose unit is or will be occupied by a watercraft at any time during the period from December 1 to March 1 of a fiscal year the greater of One Hundred Dollars ($100 00) or such other sum as the Board may determine to be appropriate as a special winter storage assessment in order to offset the additional common electricity and common element maintenance and repair expenses which will be incurred by the Club due to winter storage of a watercraft in the unit Such assessment shall be due and payable in a lump sum as of December 1 of each year

Section 4 Apportionment All assessments levied against the members to cover expenses of administration shall be apportioned among and paid by the members in accordance with the percentage of value allocated to each unit in Article V of the Master Deed Annual assessments as determined in accordance with Article VIII, Section 3(a) above shall be payable from time to time as determined by the Board of Directors commencing with acceptance of a deed to a unit or with acquisition of legal or equitable title to a unit by any other means. The payment of an assessment shall be in default if such assessment, or any part thereof, if not paid to the Club in full on or before the due date for such payment Assessments in default shall bear interest at the highest rate permitted by law until paid in full. In addition thereto, a reasonable late charge, not to exceed Twenty Dollars ($20 00) per assessment, may be assessed for delinquencies to defray the added costs of administration resulting therefrom. Each member (whether one or more persons) shall be, and remain, personally liable for the payment of all assessments pertinent to his unit which

 

 

may be levied while such member is the owner thereof For purposes of this Article VIII, both the land contract vendor and the land contract vendee of any unit shall be deemed to be the member of such unit and, with respect to the Club shall be jointly and severally responsible for payment of all assessments pertinent to such unit notwithstanding anything to the contrary contained in the land contract governing the sale of such unit

Section 5 No Exemption No member may exempt himself from liability for his contribution toward the expenses of administration by waiver of the use or enjoyment of any of the common elements or by the abandonment of his unit

Section 6 Enforcement The Club may enforce collection of delinquent assessments by a suit at law for a money judgment or by foreclosure of the statutory lien that secures payment of assessments. Each member, and every other person who from time to time has any interest in the condominium project, shall be deemed to have granted to the Club the unqualified right to elect to foreclose such lien either by judicial action or by advertisement The provisions of Michigan Law pertaining to foreclosure of mortgages by judicial action and by advertisement, as the same may be amended from time to time, are incorporated herein by reference for the purpose of establishing the alternative procedures to be followed in lien foreclosure actions and the rights and obligations of the parties to such actions. Further, each member and every other person who from time to time has any interest in the project, shall be deemed to have authorized and empowered the Club to sell or to cause to be sold the unit with respect to which the assessment(s) is or are delinquent and to receive, hold and distribute the proceeds of such sale in accordance with the priorities established by applicable law Each member of a unit in the project acknowledges that at the time of acquiring title to such unit, he was notified of the provisions of this section and that he voluntarily, intelligently and knowingly waived notice of any proceedings brought by the Club to foreclose by advertisement the lien for nonpayment of assessments and a hearing on the same prior to the sale of the subject unit Notwithstanding the foregoing, neither a judicial foreclosure action nor a suit at law for a money judgment shall be commenced, nor shall any notice of foreclosure by advertisement be published, until the expiration of ten (10) days after mailing, by first class mail, postage prepaid, addressed to the delinquent member(s) at his or their last known address, of a written notice that one or more installments of the assessment levied against the pertinent unit is or are delinquent and that the Club may invoke any of its remedies hereunder if the default is not cured within ten (10) days after the date of mailing     Such written notice shall be accompanied by a written affidavit of an authorized representative of the Club that sets forth (i) the affiant's capacity to make the affidavit, (ii) the statutory and other authority for the lien (iii)

 

 

the amount outstanding (exclusive of interest, costs, attorney fees and future assessments), (iv) the legal description of the subject unit(s) and (v) the name(s) of the -members of the record. Such affidavit shall be recorded in the Office of Register of Deeds in the County in which the project is located prior to the commencement of any foreclosure proceeding, but it need not have been recorded as of the date of mailing of the delinquency notice as required above. If the delinquency is not cured within the ten (10) day period, the Club may take such remedial action as may be available to it hereunder or under Michigan Law In the event the Club elects to foreclose the lien by advertisement, the Club shall so notify the member designated above and shall inform such member that he may request a judicial hearing by bringing suit against the Club                      The expenses incurred in collecting unpaid assessments, including interest, costs, actual attorneys' fees (not limited to statutory fees) and advances for taxes or other liens paid by the Club to protect its lien, shall be chargeable to the member in default and shall be secured by the lien on his unit In the event of default by any member in the payment of any installment of the assessment levied against his unit, the Club shall have the right to declare all unpaid installments of the assessment for the pertinent fiscal year immediately due and payable The Club also may discontinue the furnishing of any services to a member in default upon seven (7) days written notice to such member of its intention to do so A member in default shall not be entitled to utilize any of the general common elements of the condominium project and shall not be entitled to vote at any meeting of the Club so long as such default continues In a judicial foreclosure action, a receiver may be appointed to collect a reasonable rental for the unit from the member thereof or any persons claiming under him, provided, however, that if the unit shall be subject to a property management rental agreement, then such rental agent shall be liable to any such receiver only for such amount as would be due to the member pursuant to the agreement in connection with each renting of such unit

Section 7 Mortgagees Notwithstanding any other provisions of the condominium documents, the holder of any first mortgage covering any unit in the condominium project which comes into possession of the unit pursuant to the remedies provided in the mortgage or by deed (or assignment) in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take the property free of any claims for unpaid assessments or charges against the mortgaged unit which accrue prior to the time such holder comes into possession of the unit (except for claims for a pro rata share of such assessments or charges resulting from a pro rata reallocation of such assessments or charges to all units including the mortgaged unit) A purchaser or grantee of a unit shall be entitled to receive from the Club a written statement setting forth the amount of unpaid assessments, if any, against the seller or grantor, and the purchaser or grantee shall not be liable for, nor shall the unit be conveyed or granted subject to a lien for any unpaid

assessments against the seller or grantor in excess of the amount set forth in the written statement so furnished, provided, however, that unless the purchaser or grantee requests such written statement from the Club at least five (5) days prior to the closing of the sale or conveyance, the purchaser or grantee shall be liable for any unpaid assessments against the unit together with interest, costs and attorneys' fees incurred in the collection thereof

Section 8 Property Taxes All property taxes and special assessments levied by any public taxing authority shall be assessed in accordance with Section 131 of Act 59 of Michigan Public Acts of 1978, as amended

Section 9 Mechanic's Lien A mechanic's lien otherwise arising under Act No 497 of the Michigan Public Acts of 1980, as amended, shall be subject to Section 132 of Act 59 of Michigan Public Acts of 1978, as amended.

ARTICLE IX INSURANCE

Section 1 Fire and Extended Coverage The Club shall carry fire and extended coverage, vandalism or malicious mischief and liability insurance, and worker's compensation insurance, if applicable, pertinent to the ownership, use and maintenance of the common elements of the condominium project, and such insurance, other than title insurance, shall be carried and -administered in accordance with the following provisions

(a) Members Coverage All such insurance shall be purchased by or in behalf of the Club for the benefit of the Club, and the members and their mortgagees, as their interests may appear, and provision shall be made for the issuance of certificates of mortgagee endorsements to the mortgagees of members It shall be each member's responsibility to obtain insurance coverage for his personal property located within his unit or elsewhere on the condominium project and for his personal liability for occurrences within his unit or upon limited common elements appurtenant to this unit, and the Club shall have absolutely no responsibility for obtaining such coverages The Club and all members shall use their best efforts to see that all property and liability insurance carried by the Club or any member shall contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against any member, the Club, the Developer or any Related Company The Club may act in concert with other condominium associations or other appropriate entities, including, without limitation, the Developer or any Related Company, to effect such combined coverages as may be

economically desirable so long as adequate insurance in accordance with these provisions is obtained

  1. b. (b) Common Elements All common elements of the condominium project, including approved modifications or improvements to slips, pursuant to ArticleXII, Section 1, shall be insured against fire and other perils covered by a standard extended coverage endorsement, as determined from time to time by the Board of Directors of the Club. Such coverage shall also include the pipes, wires, conduits and ducts contained in the common elements and shall further include all fixtures and equipment added as approved modifications to slips pursuant tossed Article XII, Section 1. The insurance coverage provided herein is applicable only to the common elements or areas of the condominium project, and does not extend to any individual unit(s). Each member is responsible for insurance for said member's benefit relative to said member's unit, at the sole expense of the member.
  2. c. (c) Premiums. All premiums upon insurance purchased by the Club pursuant to these bylaws shall be expenses of administration.

(d) Proceeds. Proceeds of all insurance policies owned by the Club shall be received by the Club, held in a separate account and distributed to the Club, and the members and their mortgagees as their interests may appear; provided, however, whenever repair or reconstruction of the condominium project shall be required as provided in Article XI of these bylaws, the proceeds of any insurance received by the Club as a result of any loss requiring repair or reconstruction shall be applied to such repair or reconstruction.

Section 2 Releases Each member by ownership of a unit in the condominium project, shall be deemed to appoint the Club as his true and lawful attorney-in-fact to act in connection with all matters concerning the maintenance of fire and extended coverage, vandalism and malicious mischief, liability insurance and worker's compensation _:assurance, if applicable, pertinent to the condominium project, his unit and the common elements appurtenant thereto with such insurer as may, from time to time, provide such insurance for the condominium project Without limitation on the generality of the foregoing, the Club shall have full power and authority to purchase and maintain such insurance, to collect and remit premiums therefor, to collect proceeds and to distribute the same to the Club, the members and respective mortgagees, as their interest may appear (subject always to the condominium documents), to execute releases of liability and to execute all documents and to do all things on behalf of such member and the condominium project as shall be necessary or convenient to the accomplishment of the foregoing The exercise or performance of all or any portion of the rights, duties or obligations of the Club with respect to the acquisition, maintenance or settlement of all insurance

 

 

matters as herein authorized may be delegated by the Club to one or more agents, including, but not limited to a general Management Agent retained to perform management and maintenance functions for the Club

ARTICLE X RECONSTRUCTION OR REPAIR

Section 1 Damage If any part of the condominium project shall be damaged, the determination of whether or not it shall be reconstructed or repaired shall be made in the following manner

  1. a. Common Elements If the damaged property is a common element or a limited common element appurtenant to a unit, the property shall be rebuilt or repaired if any limited common element appurtenant to a unit in the condominium project is tenantable, unless it is determined by a unanimous vote of all of the members in the condominium project that the condominium project shall be terminated
  2. b. Complete Loss If the condominium project is so damaged that no unit is tenantable, the damaged property shall not be rebuilt and the condominium project shall be terminated, unless seventy-five percent (75%) or more of the members in value and in number agree to reconstruction by vote or in writing one hundred eighty (180) days after the destruction

Section 2 Existing Condition Any such reconstruction or repair shall be substantially in accordance with the Master Deed and the plans and specifications for the condominium project and shall restore the condominium project to a condition as comparable as possible to the condition existing prior to damage unless the members and the Developer, its successors and assigns, shall unanimously decide otherwise

Section 3 Individual Responsibility If the damage is only to a part of a unit which is the responsibility of a member to maintain and repair, it shall be the responsibility of the member to repair such damage.

Section 4 Procedure The Club shall be responsible for the reconstruction, repair and maintenance of the common elements and any incidental damage to a unit caused by any common element or the reconstruction, repair or maintenance thereof Immediately after a casualty causing damage to property for which the Club has the responsibility of maintenance, repair and reconstruction, the Club shall obtain reliable and detailed estimates of the cost to replace the damaged property in a condition as good as that existing before the damage If the proceeds of insurance are not sufficient to defray

the estimated costs of reconstruction or repair required to be performed by the Club, or if at any time during such reconstruction or repair, or upon completion of such reconstruction or repair, the funds for the payment of the costs thereof are insufficient, assessments shall be made against all members for the cost of reconstruction or repair of the damaged property in sufficient amounts to provide funds to pay the estimated or actual cost of repair

Section 5. Eminent Domain Section 133 of the Act and the following provisions shall control any taking by eminent domain

  1. a. Entire Unit In the event of any taking of an entire unit by eminent domain, the award for such taking shall be paid to the owner of such unit and the mortgagee thereof, as their interests may appear After acceptance of such award by the owner and his mortgagee, they shall be divested of all interest in the condominium project. In the event that any condemnation award shall become payable to any member whose unit is not wholly taken by eminent domain, then such award shall be paid by the condemning authority to the member and his mortgagee, as their interest may appear
  2. a. Part of Project If there is any taking of any portion of the condominium project other than any unit the condemnation proceeds relative to such taking shall be paid to the members and their mortgagees in proportion to their respective interests in the common elements and the affirmative vote of more than fifty percent (50%) of the members in number and in value shall determine whether to rebuild, repair or replace the portion so taken or to take such other action as they deem appropriate.

(c) Remaining Portion In the event the condominium project continues after taking by eminent domain, then the remaining portion of the condominium project shall be re-surveyed and the Master Deed amended accordingly, and, if any unit shall have been taken, then Article V of the Master Deed shall also be amended to reflect such taking and to proportionately readjust the percentages of value of the remaining members based upon the continuing value of the condominium of one hundred percent

(100%) Such amendment may be effected by an officer of the Club duly authorized by the Board of Directors without the necessity of execution or specific approval thereof by any member or the mortgagee of any unit.

ARTICLE XI AMENDMENTS

Section 1 Majority Vote Except as hereinbelow otherwise provided, these bylaws may be amended by the Club at any regular annual meeting or a special meeting called for such purpose, by an affirmative vote of a majority of members present in person or by proxy if the amendment does not materially change the rights of a co-owner or mortgagee If the amendment will materially alter or change the rights of the co-owners or mortgagees then the consent of not less than 2/3 of the votes of the co-owners and the mortgagees shall be required.

Section 2. Proposed Amendments Amendments to these bylaws may be proposed by the Board of Directors of the Club acting upon the vote of the majority of the Directors or by one-third or more in number of the members of the Club whether meeting as members or by instrument in

writing signed by them. Upon any such amendment being proposed, a meeting for consideration of the same shall be duly called in accordance with the provisions of Article III of these bylaws

Section 3 Written Vote At any meeting held to consider such amendment or amendments to these bylaws, the written vote of any member of the Club shall be recognized if such member is not in attendance at such meeting providing such written vote is delivered to the Secretary of the Club at--or prior to such meeting.

Section 4 Effective Any amendment to these bylaws shall become effective upon the recording of such amendment in the Office of the Register of Deeds for Leelanau County, Michigan. Members shall be notified of proposed amendments of these bylaws not less than ten (10) days before such amendments are recorded.

Section 5 Copy A copy of each amendment to these bylaws shall be furnished to every member of the Club after adoption, provided, however, that any amendment to these bylaws which is adopted in accordance with this Article shall be binding upon the persons who have an interest in the condominium project irrespective of whether such persons actually receive a copy of such amendments

 

ARTICLE XII RULES AND REGULATIONS

By authority of Section 4(h) of Article IV of the By-Laws, the Board of Directors has adopted the following rules and regulations.

Section 1 APPROVED MODIFICATIONS TO SLIPS

Except as hereinbelow otherwise specifically provided, no member shall make alternations in exterior appearance or make structural modifications to his or her unit or make changes in any of the common elements, limited or general, without the prior written approval of the Club's Architectural Review Committee. The Club shall have no responsibility with respect to any modification or the consequence thereof made by a member, even though the same may have been approved by the Club's Architectural Review Committee. Any approval of plans and specifications for any work performed by any member or the Club shall not be deemed or construed in any manner as a determination that such work meets or will meet applicable building and other codes or that such work will not materially and adversely affect any unit or common element, and the Club shall not be liable to any person by reason of consenting to any such work by a member

The following changes to a slip may be made by a member without obtaining the prior approval of the Club's Architectural Review Committee.

ITEM DESCRIPTION APPROVED TYPE

Signs None that are visible from exterior of unit,

(For Rent, For Sale signs are not permitted.)

Appurtenances Throwable Flotation Devices

Flower Pots, located at end of finger piers, provided adjoining owners-agree.

Foot/Entry Mats, dull earth tones (grey to brown) only Maximum of two, no larger than 2'. X 3' or one 2' X 6'

Piling Fixtures

Line Holders, wood, similar to those provided and affixed to pilings Also, "The Hook", plastic, rotating, affixed to the tops of pilings NO nails, cleats, screws, hooks, bolts

 

Handles on pilings, provided adjoining owner does not object.

Bumpers, vertical, "Taylor Made", PS-4 only No carpet

Dock Fixtures Cleats, Any type, provided they do not inter

fere with adjoining unit or common element

Dock Bumpers, horizontal, "Taylor Made" DS-3 1/2 or PS-4

Dock Skirting, treated wood, 2 X 12, fastened to concrete channel below the standard 2 X 8 trim.

Boarding Steps For Stepping. tip, on top of finger piers, wood, similar to those provided with slips 14 thru 25

Boarding Steps For Stepping Down, on side of finger piers, similar to those installed on slip 2120 Carpet or bumpers as above, may be added

Dock Boxes, "Ocean Wave", by Sweetwater Crafts, only Permitted for slips 1 thru 25 and 139 thru 157, only

Anything not listed above, including mailboxes, scrub brushes, buckets, mops, fishing rods, welcome mats, banners, flags, etc are not permitted. Seagull and duck repellant devices are allowed on an experimental basis....until someone finds one that really works

Any proposed change to a slip not described above must be approved by the Club's Architectural Review Committee Such proposed changes must be submitted in writing along with drawings and sketches, where appropriate, for approval prior to being initiated. The Architectural Review Committee will respond within ten (10) days giving. 1) Approval, 2) Conditional Approval, or 3) Denial. Failure to respond by the Architectural Review Committee within ten (10) days shall constitute approval by the Committee.

Section 2. USE OF UNIT AND COMMON ELEMENTS BY MEMBERS

Except as hereinbelow otherwise provided, no unit in the condominium project shall be used in whole or in part, directly or indirectly, for other than the mooring of a single watercraft and its tender used for recreational boating purposes, and the common elements

 

 

shall be used only for such activities as are consistent and typically associated with recreational boating activities Specifically, no unit shall be used for or in conjunction with the renting or chartering of fishing craft or the providing of fishing excursions to the public, the giving or providing of freight or passenger transportation or tours, excursions or other boat rides to the public, or the renting or chartering of pleasure boats to the public. Notwithstanding the foregoing, nothing in this Section shall be deemed or construed in any manner whatsoever as prohibiting or restricting the following:

  1. a. The use of units 84, 86, 88, 90, 92, 94, 96, 98, 100, 102, 104, 106, 108, 110, 112, 114, 116, 118, 120, 122, 124, 126, 128 and 130 and the common elements for or in conjunction with the operation of a bare boat charter operating as permitted by Article VII of the Master Deed, provided, however, that unless Developer, its successors and assigns, and the Board of Directors of the Association shall otherwise consent in writing, all persons renting watercraft moored in any such unit (1) shall park their motor vehicles only in the northern most parking area of the Condominium Project and (ii) shall not be entitled to use any lounge, recreational, restroom, shower or other amenities now or hereafter owned or leased by the Association or Developer, its successors and assigns, exclusive of such restrooms and other facilities as Developer, its successors and assigns, may elect to make available to the public on the Adjacent Parcel.
  2. a. The use of the units and the common elements by the Developer and its successors and assigns as follows -Until all units in the Condominium Project are sold by the Developer, its successors and assigns, the Developer or its successors or assigns shall have the right to maintain signs, a sales office, a business office, a construction office, model units, storage areas, reasonable parking incident to the foregoing and such access to, from and over the Condominium Project as may be reasonable to enable development and sale of the Condominium Project by the Developer The Developer shall restore the area so utilized to habitable status upon termination of use. In audition, the Developer, any Related Company and their respective successors and assigns shall be entitled to moor new or used watercraft being held for sale in any unit owned by them.

(c) The service area (slip) 158) identified in Article X of the Master Deed has been converted as permitted thereby and there has been established therein one commercial unit including the use of the common elements as may be reasonably necessary for the operation thereof

Section 3 USE OF UNIT BY NON-MEMBERS

  1. a. Except as herein below otherwise provided, the members may rent, lease or otherwise make their units available to non-member occupants for the same purpose set forth in Section 1 of this Article XII for such periods of time, and upon such terms and conditions, as they shall determine to be appropriate
  2. b. Notwithstanding anything in this Section 2 to the contrary, all tenants or non-member occupants shall comply with all of the conditions of the condominium documents of the condominium project and all leases, rental or other agreements authorizing the use or occupancy of any unit by any non-member, shall so state.

(c) If the Club determines that the tenant or non-member occupant has failed to comply with the conditions of the condominium documents or any rules and regulations promulgated pursuant thereto, the Club shall take the following actions•

  1. 1. The Club shall notify the member by certified mail advising of the alleged violation by tenant
  2. 2. The member shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Club that a violation has not occurred.

(3) If after fifteen (15) days the Club believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the member on behalf of the Club, if it is under the control of the Developer, an action for eviction against the tenant or non-member and tenant or non-member occupant for breach of the condition of the condominium documents The relief set forth in this section may be by summary proceeding The Club may hold both the tenant and the member liable for any damages caused to the common elements by the non-member or tenant.

(d) Notwithstanding anything in subparagraph (a) hereof to the contrary, a member, desiring to rent, lease or otherwise authorize the use or occupancy of a unit for a period in excess of thirty (30) consecutive days, shall disclose that fact in writing to the Club or its designated agent at least ten (10) days before leasing the unit and shall supply the Club or its designated agent with a copy of the exact lease form or other agreements for its review for compliance with the condominium documents, provided that if the Club shall adopt a standard form of lease such ten (10) day period shall be reduced to three (3) days if such standard form be used without material modification.

(e) When a member is in arrearage to the Club for assessments, the Club may give written notice of the arrearage to the person occupying or otherwise utilizing a member's unit and such person, after receiving the notice shall deduct from the rental or other payments due the member the arrearage and future assessments as they fall due and pay them to the Club The deductions shall not be a breach of the rental lease or other agreements by the tenant

Section 4 ACTIVITY LIMITATIONS No immoral, improper, unlawful or offensive activity shall be carried on in any unit or upon the common elements, limited or general, nor shall anything be done which may be or become an annoyance or a nuisance to the members of the condominium project, nor shall any unreasonably noisy activity be carried on in any unit or on the common elements. Specifically, all watercraft with motors shall have mufflers and measured at a range of fifty (50) feet shall produce no more than 86 decibels of noise on the "A" scale, or such lesser amount as may be from time to time established by law No member shall do or permit anything to be done or keep or permit to be kept in his unit or on the common elements anything that will increase the rate of insurance on the condominium project without the written approval of the Club and each member shall pay to the Club the increased cost of insurance premiums resulting from any such activity or the maintenance of any such condition.

Section 5 PROHIBITION AGAINST DANGEROUS ACTIVITIES AND ARTICLES No member shall use, or permit the use of any occupant, agent, employee, invitee, guest or member of his family of any firearms, fireworks, air rifles, pellet guns, B—B guns, bows and arrows, spear guns or other similar dangerous weapons, projectiles or

devices anywhere on or about the condominium project Other than that normally and usually contained in the fuel tanks of the watercraft occupying a unit no member shall use, keep or permit to be used in kept in a unit or on any common element, limited or general, any inflammable oil, fluid or explosive All fueling and pumping out of watercraft within the condominium project shall take place at such fueling and pump—out facilities as may exist within the condominium project. No pier shall be used for fires for cooking, barbecuing or any other types of fires. Fires for preparing foods may be made in grills or other proper containers only in such locations as may be designated by the Club and only if they are continuously supervised by a responsible adult and promptly extinguished. If built in portable containers, such containers shall be removed after each use

Section 6 VEHICLES No snowmobiles, skimobiles, motor homes, house trailers, trucks, commercial vehicles, boats, campers or trailers of any kind or vehicles other than automobile, light trucks and motorcycles ordinarily used for personal transportation may be used, parked or stored upon the premises of the condominium project Commercial vehicles and trucks and the travel lift may, however, be

 

 

parked in or about the condominium project while making deliveries to or pickups from the condominium project or Adjacent Parcel in the normal course of business

Section 7 SIGNS No signs, nameplates or other advertising or descriptive devices shall be displayed which are visible from the exterior of a unit or on the common elements, including, without limitation, "For Sale" or "For Rent" signs, without written permission from the Club

Section 8 PETS No animal, including household pets, shall be kept without the prior written consent of the Board of Directors which consent, if given, shall be revocable at any time by the Board for failure by the pet owner to observe the provisions of these bylaws or Rules and Regulations of the Club pertaining to pets Any pets permitted to be kept in the condominium project shall have such care and restraint as not to be obnoxious on account of noise, odor or unsanitary conditions No savage or dangerous animal shall be kept

No animal may be permitted to run loose upon the common elements and any animal shall at all times be attended by some responsible person while on the common elements Any person who caused or permits an animal to be brought or kept on the condominium project shall indemnify and hold harmless the Club for any loss, damage or liability which the Club may sustain as a result of the presence of such animal on the condominium project.

Section 9 USE OF COMMON ELEMENTS

  1. a. The common elements, limited or general, shall not be used for storage of watercraft, supplies, materials, personal property or trash or refuse of any kind, provided that trash sheds may be used for their intended purposes
  2. b. No bow sprit or other portion of any watercraft shall project over any pier, nor shall any bow sprit or other portion of any watercraft_ project more than two (2) feet into any Fairway
  3. c. Trash receptacles shall be maintained in areas designated therefore at all times and shall not be permitted to remain elsewhere on the common elements except for such short periods of time as may be reasonably necessary to permit periodic collection of trash
  4. d. The common elements shall not be used in any way for the drying, shaking, or airing of clothing or other fabrics

(e) Piers, sidewalks, yards, landscaped areas driveways, roads and parking areas, shall not be obstructed in any way nor shall they be used for purposes other than for which they are reasonably and obviously intended

(f) In general, no activity shall be carried on nor condition maintained by a member, his or her guests, tenants or licensees, either in his or her unit or upon the common elements, which spoils the appearance of the condominium project or the enjoyment of the condominium project by any other members

Section 10. LANDSCAPING Without the written approval of the Club, no member shall perform any landscaping, plant any trees, shrubs or flowers, place an ornamental materials, cut any trees or remove or modify any natural vegetation upon the common elements

Section 11 MAINTENANCE BY MEMBER. Each member shall maintain his or her unit and any limited common elements appurtenant thereto for which he or she has maintenance responsibility in a safe, clean and sanitary condition. Each member shall also use due care to avoid damaging any of the common elements including, but not limited to the water, gas, plumbing, electrical or other utility conduits and systems and any other elements in any unit which are appurtenant to or which may affect any other unit, common element or the Adjacent Parcel.

Each member shall be responsible for costs resulting from damage to or misuse of any of the common elements by him or her, or his or her family, guests, agents or invitees, unless such damages or costs are covered by insurance carried by the Club in which case there shall be no such responsibility (unless reimbursement to the Club is excluded by virtue of a deductible provision, in which case the responsible member shall bear the expense to the extent of the deductible amount) Any costs or damages to the Club may be assessed to and collected from the responsible member in the manner provided in Article VIII hereof.

Section 12. ACCESS TO UNITS The Club or its duly authorized agents shall have access to each unit and any limited common elements appurtenant thereto from time to time, during all reasonable hours, as may be necessary for the maintenance, repair or replacement of any of the common elements The Club or its agents shall also have access to each unit and any limited common elements appurtenant thereto at all times as may be necessary to make emergency repairs to prevent damage to the common elements or to another unit It shall be the responsibility of each member to provide the Club and its Management Agent with means of moving his or her watercraft during all periods of absence and in the event of the failure of such member to provide such means, the Club may take such steps to move the same in such manner as may be reasonable under the circumstances and shall not be liable to such member for any necessary damage to his or her watercraft, unit or any limited common elements appurtenant thereto caused thereby

Section 13 RESTRICTION AGAINST ALTERATIONS AND MODIFICATION No building, fences, signs, walls, retaining walls, drives, walks or other structures or improvements shall be commenced, erected, maintained or modified, nor shall any addition to, or change or

alteration to any land feature or structure be made including, without limitation, paint or stain colors, building, or installation of doors, windows or screens, except interior alterations which do not effect structural elements of any unit, nor shall any hedges, trees or substantial plantings or landscaping modifications be made, until plans and specifications, showing the nature, kind, shape, height, materials, color, scheme, location and approximate cost of such structure or improvement and the grading or landscaping plan of the area to be effected shall have been submitted to and approved in writing by the Architectural Review Committee, and a copy of said plans and specifications, as finally approved, lodged permanently with the Club The Architectural Review Committee shall have the right to refuse to approve any such plans or specifications, or grading or landscaping plan which are not suitable or desirable in its opinion for aesthetic or other reasons, and in passing upon such plans, specifications, grading or landscaping, it shall have the right to take into consideration the suitability of the proposed structure, improvement or modification, the site upon which it is proposed to effect the same, and the degree or harmony thereof with the condominium project as a whole and the Adjoining Parcel. The purpose of this section is to assure the continued maintenance of the condominium project as a beautiful marina development and shall be binding upon both the Club and upon all members.

Section 14 LIST OF MORTGAGEES. Any member who mortgages his unit shall notify the Club of the name and address of the mortgagee, and the Club shall maintain such information in a book entitled "Mortgagees of Units " The Club may, at the written request of a mortgagee of any such unit, report any unpaid assessments due from the member of such unit The Club shall notify each mortgagee appearing in said book of the name of each company insuring the Club against fire, perils covered by extended coverage, and vandalism and malicious mischief and the amounts of such coverage

Section 15 COMPLIANCE. The Club and all present or future members, tenants, future tenants, or any other person acquiring an interest in or using the facilities of the Condominium Project in any manner are subject to and shall comply with the Michigan Condominium Act (the "Act"), as amended, and the mere acquisition, occupancy or rental of any unit or an interest therein or the utilization of or entry upon the. Condominium Project signify that the Condominium Documents as defined in paragraph (h) of Article III of the Master Deed of this Condominium Project are accepted and ratified In the event the Condominium Documents conflict with the provisions of the Act, the Act shall govern.

Section 16 REMEDIES FOR DEFAULT Any default by a member shall entitle the Club, its successors and assigns, to the following relief

  1. a. Failure to comply with any of the terms or provisions of these Rules and Regulations or the Condominium Documents shall be grounds for relief, which may include without intending to limit the same, an action to recover sums due for damages, injunctive relief, foreclosure of lien (if default in payment of assessment) or any combination thereof
  2. b. In any proceeding arising because of an alleged default by any member, the Club, if successful, shall be entitled to recover the costs of the proceeding and such reasonable attorneys' fees (not limited to statutory fees) as may be determined by the Court, but in no event shall any member be entitled to recover such attorneys' fees

(c) The violation of any of the provisions of these Rules and Regulations or the Condominium Documents shall also give the Club or its duly authorized agents the right, in addition to the rights set forth above, to enter upon the common elements, limited or general, or into any unit, where reasonably necessary, and summarily remove and abate, at the expense of the member in violation, any structure, thing or condition existing or maintained contrary to the provisions of these Rules and Regulations or the Condominium Documents

17 FAILURE TO ENFORCE. The failure of the Club to enforce any right, provision, covenant or condition which may be granted by these Rules and Regulations or the Condominium Documents shall not constitute a waiver of the right of the Club to enforce such right, provisions, covenant or condition in the future.

18 RIGHTS SHALL BE CUMULATIVE. All rights, remedies and privileges granted to the Club or any member pursuant to any terms, provisions, covenants or conditions of these Rules and Regulations or the Condominium Documents shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies, nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available to such party at law or in equity

19 AMENDMENTS TO RULES AND REGULATIONS Reasonable amendments to these Rules and Regulations consistent with the Act, the Master Deck and these By—Laws may be made and amended from time to time by the Board of Directors of the Club

 

12719 S West Bay Shore Dr

Traverse City MI  49684

 hwyachtclub@hotmail.com

231-922-3017 (office)