SHORELINE CONDOMINIUM ASSOCIATION PROPOSED AMENDMENTS TO THE MASTER DEED, TO THE CONDOMINIUM BYLAW S AND TO EXHIBIT B â€“ THE SUBDIVISON PLAN The Board of Directors of Shoreline Condominium Association proposes the following amendments to the Condominium Documents. The first amendment is intended to confirm the single family residential use of the condominium units and would place certain restrictions on leasing units. The second amendment involves designating one garageport as a limited common element to each unit in the Condominium. The proposed assignments are consistent with the current usage of the garageports by the Condominium members. The third amendment states that each co-owner will be responsible for the repair and replacement of his/her garageport doors, hardware and garage door openers. As each coowner has direct control over these limited common elements, the Board feels it is fairer for the co-owner to maintain those items rather than putting the burden on all of the co-owners.
PROPOSED AMENDMENT TO ARTICLE VI, SECTIONS 1 AND 2 OF THE CONDOMINIUM BYLAWS The Board proposes the following language for Sections 1 and 2 of Article VI of the Condominium Bylaws: ARTICLE VI RESTRICTIONS SECTION 1. Single Family Residential Use. No Unit in the Condominium shall be used for other than single family residential purposes and the Common Elements shall be used only for purposes consistent with single family residential usage. SECTION 2. Leasinq and Rental of Units. A. Riqht to Lease. No Co-owner may lease any Unit within the Condominium, except upon the written approval of the Association, which approval shall not be given if the leasing of such unit would cause the number of leased units in the Condominium to exceed twenty percent (20%) of all Units in the Condominium. As long as the aforesaid percentage limitation not exceeded, and subject to the following restrictions of this Section 2, approvals will be granted to compliant leases on a first come first served basis administered according to rules and regulations established by the Association. No Co-owner shall lease his/her unit until the Co-owner has owned the unit for one year. No Co-owner who is in default of his/her obligation to pay Assessments attributable to his/her unit under Article II of these Bylaws may lease any unit owned by the Co-owner. No Co-owner shall lease less than an entire Unit in the Condominium, and no lease shall BYLAW AMENDMENT PROPOSAL.OPT 2\1-18-10\jrl\1
be valid unless the same shall be for an initial term of at least one (1) year. No further leasing of a Unit will be allowed during the initial term of any approved lease regardless of the reason that the Unit again becomes available (ie. if a tenant does not complete the initial one year term of a lease, the Co-owner must wait until the expiration of that first year before again leasing the unit to another tenant). Such written lease shall (i) require the tenant to comply with the Condominium Documents and Rules and Regulations of the Association; (ii) provide that failure to comply with the Condominium Documents and Rules and Regulations constitutes a default under the lease; and (iii) provide that the Board of Directors has the power to terminate the lease or to institute an action to evict the tenant and for money damages after 15 days' prior written notice to the Condominium Unit Co-owner, in the event the tenant violates any provisions of the Condominium Documents. The Board of Directors may require a standard form lease for use by all Unit Co-owners. Under no circumstances shall transient tenants be accommodated; a "transient tenant" is a non-co-owner residing in a Condominium Unit for less than sixty days, who has paid consideration therefor. The terms of all leases, occupancy agreements and occupancy arrangements shall incorporate, or be deemed to incorporate, all of the provisions of the Condominium Documents and all leases, rental agreements and occupancy agreements shall so state. For the purposes of this Section 2, "lease" shall refer to any occupancy agreement, whether or not in writing (although the Board of Directors may require a written lease) and whether or not for rent or other consideration, where the Unit is not occupied by the owner thereof as a primary or secondary residence for a majority of the year; and the term â€œtenantâ€? shall include any non-co-owner occupant. Any Co-owner who violates these restrictions may be subject to the Association revoking permanently their right to lease a Unit in Shoreline. Any Co-owner leasing a Unit in Shoreline as of the date that these amended Bylaws go into effect, may, until the Unit is sold or transferred to any other third party, and as long as there is no default by the Co-owner or Tenant in complying with all restrictions contained herein and elsewhere in the Condominium Documents, and as long as the Co-owner is not in default of his/ her obligation to pay Assessments attributble to his/her unit, lease their Unit for the same purposes set forth in Section 1 of this Article VI; provided that written disclosure of such lease transaction, and any subsequent lease transaction, is submitted to the Board of Directors of the Association in the same manner as specified in subparagraph B below, and further provided that the lease, occupancy and tenancy comply with all provisions hereof and the lease is approved by the Association. Copies of all leases in effect as of the effective date of these Amended and Restated Bylaws shall be provided to the Association within 14 days of said effective date and shall be made to conform to the requirements of the Association for approval. B. Approval of Leases. A Co-owner desiring to rent or lease a Condominium Unit, shall disclose that fact in writing to the Association at least ten (10) days before presenting a Lease Form to a potential lessee, and shall supply the Association with a copy of the exact lease form to be used for its review for its compliance with the Condominium Documents. Each Co-owner of a Condominium Unit shall, promptly following the execution of any lease of a Condominium Unit, forward a conformed copy thereof to the Board of Directors. The Association shall be entitled to disapprove any such proposed lease form that is not in compliance with the Condominium Documents and/or the Michigan Condominium Act in accordance with the provisions of this Section. If no lease form is to be used, then the Co-owner shall supply the Association with the name and address of the potential lessee or other occupant(s), along with the amount and due dates of any rental or compensation payable to the BYLAW AMENDMENT PROPOSAL.OPT 2\1-18-10\jrl\1 2
co-owner, and the term of the proposed arrangement. The Board shall have power and discretion to approve a lease for a Co-owner who has occupied his or her unit as a residence, even if the lease does not fully comply with the provisions of this Section 2, based on a showing of hardship acceptable to a majority of the Board. C. Default Provisions. If the Association determines that the tenant or Non-Coowner occupant has failed to comply with the conditions of the Condominium Documents, the Association shall take the following action: (1) The Association shall notify the Co-owner by certified mail advising of the alleged violation by tenant. (2) The Co-owner shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Association that a violation has not occurred. (3) If after fifteen (15) days the Association believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the Co-owners on behalf of the Association an action for eviction against the tenant and/or Non-Coowner occupant for breach of the conditions of the Condominium Documents. The relief set forth in this Section may be by summary proceeding. The Association may hold both the tenant and the Co-owner liable for any damages caused by the Co-owner or tenant in connection with the Condominium Unit. The Co-owner shall be responsible for reimbursing the Association for all costs incurred in obtaining judicial enforcement of its rights, including actual attorney's fees. D. Arrearages in Co-owner Assessments. When a Co-owner is in arrears to the Association for assessments, the Association may give written notice of the arrearage to a tenant occupying a Co-owner's Condominium Unit under a lease or rental agreement, written or oral, and the tenant, after receiving the notice shall deduct from rental payments due the Coowner the arrearage and future assessments as they fall due and pay them to the Association. The deductions shall not be a breach of the rental agreement or lease by the tenant. If the tenant , after being notified, fails or refuses to remit rent, otherwise due the Co-owner, to the Association, then the Association may: (1) issue a statutory Notice to Quit for non-payment of rent, and enforce that notice by summary proceedings, or (2) initiate proceedings pursuant to Article VI, Section 2 C (3) above.
PROPOSED AMENDMENT TO EXHIBIT B â€“ SUBDIVISION PLAN The proposed assignments of garageports to units is reflected on the attached diagram.
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PROPOSED AMENDMENT TO MASTER DEED Article IV(C)(4) is added to the Master Deed as follows: “(4) The costs of maintenance, repair, restoration and replacement of garageport doors and hardware, including but not limited to, tracks, electrical, opener components and wires, and openers, shall be the responsibility of the Coowner of the unit to which the garageport is appurtenant.”
If you have any questions regarding the Board’s proposal, please contact a Board member.
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The first amendment is intended to confirm the single family residential use of the condominium units and would place certain restrictions o...