FIRST AMENDMENT TO MASTER DEED OF SUGAR CREEK

Transcription

1 FIRST AMENDMENT TO MASTER DEED OF SUGAR CREEK The Sugar Creek Homeowners Association, a Michigan non-profit corporation, the address of which is c/o 1096 Sugar Creek Drive, Rochester Hills, Michigan 48307, being the administrator of Sugar Creek, a Condominium Project existing pursuant to the Master Deed thereof, recorded on January 31, 1990 in Liber 11244, Pages 897 through 961, Oakland County Records, and known as Oakland County Condominium Subdivision Plan No. 656, hereby amends the Master Deed of Sugar Creek, and Exhibit A attached thereto, pursuant to the vote of approval of at least 66 2/3rds of the Co-owners in accordance with the authority provided in Article IX of the Master Deed and Article XVI of the Bylaws for the purposes of adding, deleting or modifying certain provisions of those documents for the general benefit of the Co-owners of the Condominium. Upon recording of this Amendment in the office of the Oakland County Register of Deeds, said Master Deed and Exhibit A thereto shall be amended in the following manner: 1. Article VII Section 1, Article VII and Article IX Section 6 of the Master Deed of Sugar Creek shall be deleted in full. Article II Section 3, Article VI Section 15, Article IX Section 2, Article X, Article XVI Section 4 and Article XXI of the Bylaws of Sugar Creek shall be deleted in full. Any and all approval rights initially retained by the Developer in Article VI, Section 3 of the Bylaws have been assigned to the Association. 2. The rights and easements reserved in Article VIII of the Master Deed for Sugar Creek shall be subject to and limited by Section 40 of the Act that requires the consent of the Co-owner of the Unit that is proposed to be burdened by an encroachment or easement, whether the easement is by reason of any deviation from the plans in the construction, repair, renovation, restoration, or replacement of any improvement, or by reason of the settling or shifting of any land or improvement.

2 3. Article II, Section 9 of the Bylaws of Sugar Creek shall be replaced with the Section 9. The mortgagee of a first mortgage of record or other purchaser of a Unit who obtains title to the Unit as a result of foreclosure of the first mortgage, that mortgagee or purchaser and his or her successors and assigns are not liable for the assessments by the administering body chargeable to the Unit that became due prior to the acquisition of title to the Unit by that mortgagee or purchaser and his or her successors and assigns. 4. Article IV, Section 3 of the Bylaws of Sugar Creek shall be supplemented with (e) Deductible. When a claim is made on any of the insurance policies maintained by the Association which is subject to a deductible amount, the deductible amount shall be paid by the Co-owner of the damaged dwelling within a Unit sustaining the damage. In the case of damage to a General Common Element, the deductible shall be paid by the Association. 5. Article V, Section 5 of the Bylaws of Sugar Creek shall be replaced in full with Section 5. Notification of Holders, Insurers and Guarantors of First Mortgages. In the event any first mortgage in the Condominium is held, guaranteed or insured and such holder, guarantor or insurer so requests in writing (stating its name, address and applicable mortgaged Unit number) to the Association, the Association shall give timely written notice to such requesting party of (a) any condemnation or casualty loss that affects either a material portion of the Condominium or the Unit securing such mortgage; (b) any 60-day delinquency in the payment of assessments or charges owed to the Association with respect to the Unit securing such mortgage; (c) a lapse, cancellation, or material modification of any insurance policy maintained by the Association; and (d) any proposed action that requires the consent of a specified percentage of eligible mortgage holders. 6. Article VI of the Bylaws of Sugar Creek shall be supplemented with the Section 15. Driveways. No basketball nets and/or stands or any other items shall be permitted in driveways other than vehicles as provided in Section 8 above. 7. Article VII, Section 2 of the Bylaws of Sugar Creek shall be supplemented at the end of the Section by In addition, the Association shall give each mortgagee, mortgage insurer and the guarantor of any mortgage on any Unit in the Condominium a timely written notice of 2

3 any lapse, cancellation or material modification of any insurance policy maintained by the Association. 8. Electronic voting is permitted. Article VIII, Section 1 of the Bylaws of Sugar Creek shall be supplemented with the The Association shall maintain a certified list of all voting representatives arranged alphabetically and by Unit numbers. Further, the Association shall produce the list of voting representatives at all meetings; post the list during meetings, including by electronic means if the meeting is conducted solely by remote communication. 9. Article VIII, Section 4 of the Bylaws of Sugar Creek shall be supplemented by All members participating by remote communication shall be counted towards the quorum. 10. Article VIII, Section 5 of the Bylaws of Sugar Creek shall be replaced in full with Section 5. Votes may be cast in person, electronically, by proxy or by a writing duly signed by the designated voting representative not present at a given meeting in person or by proxy. Proxies, written votes and electronic votes must be filed with the secretary of the Association at or before the appointed time of each meeting of the members of the Association. Cumulative voting shall not be permitted. 11. Article IX of the Bylaws of Sugar Creek shall be supplemented by the Section 11. Remote Communication. Members may participate in meetings of members by telephone conferencing or other remote communication provided that all members present at the meeting are advised of the means of remote communication and the following are met: (1) the identity of the person communicating remotely can be verified. (2) measures are in place so that the remote caller is able to participate in and hear the proceedings. (3) votes or action by means of remote communication are recorded. 3

4 If the person participating remotely could have voted at the original meeting, then voting remotely at any adjourned meeting is also possible. 12. Article XI, Section 1 of the Bylaws of Sugar Creek shall be replaced in full with Section 1. The affairs of the Association shall be governed by a board of five directors, all of whom shall serve without compensation and all of whom must be members of the Association or officers, partners, trustees, employees or agents of members of the Association. Directors shall serve without compensation. No member who is delinquent in any financial obligation to the Association shall be eligible to be elected as a director. 13. Article XI, Section 5 of the Bylaws of Sugar Creek shall be replaced in full with Section 5. The Board of Directors may employ for the Association a professional management agent at 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 Section 3 of this Article XI, 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 Association. 14. Article XI, Section 8 of the Bylaws of Sugar Creek shall be deleted in full. 15. Article XI of the Bylaws of Sugar Creek shall be supplemented by the Section 15. Remote Communication. Board of directors may participate in meetings of directors by telephone conferencing or other remote communication provided that all directors present at the meetings are advised of the means of remote communication and the following are met: (1) the identity of the person communicating remotely can be verified. (2) measures are in place so that the remote caller is able to participate in and hear the proceedings. (3) votes or action by means of remote communication are recorded. If the person participating remotely could have voted at the original meetings, then voting remotely at any adjourned meeting is also possible. 4

5 In all respects, other than as hereinabove indicated, the original Master Deed of Sugar Creek, including the Bylaws and Condominium Subdivision Plan respectively attached thereto as Exhibits A and B, recorded as aforesaid, is hereby ratified, confirmed and redeclared. Dated, SUGAR CREEK HOMOWNERS ASSOCIATION, a Michigan non-profit corporation By: Its: President STATE OF MICHIGAN ) )SS. COUNTY OF OAKLAND ) The foregoing First Amendment to Master Deed of Sugar Creek was acknowledged before me in Oakland County, Michigan, this day of, 2010, by, the President of Sugar Creek Homeowners Association, a Michigan non-profit corporation, on behalf of the corporation. First Amendment to Master Deed drafted by: C. Kim Shierk MYERS NELSON DILLON & SHIERK, PLLC Woodward Ave., Suite 235 Bloomfield Hills, Michigan When recorded, return to drafter Notary Public, County, Michigan My commission expires: Acting in the County of 5