Master Deed


MASTER DEED

This Master Deed is executed on the _________ day of __________ , 20____, by__________ , a ___________(“Developer”), with an address of ______________ , pursuant to the provisions of the _________ Condominium Act, as amended, (the “Act”).

RECITALS: By recording this Master Deed, and the Bylaws attached hereto as Exhibit “A” and Condominium Subdivision Plan, Exhibit “B”, the Developer intends to establish the real property described in Article II below, together with the improvements located and to be located on, and the appurtenances to, that real property as a residential site condominium project under the provisions of the Act. Therefore, the Developer establishes _____________ as a Condominium Project under the Act and declares that___________________(the “Condominium”, “Project” or the “Condominium Project”) shall be held, conveyed,hypothecated, encumbered, leased, rented, occupied, improved and in all ways utilized subject to the provisions of the Act and to the covenants, conditions, restrictions, uses,limitations and affirmative obligations set forth in this Master Deed and Exhibits A and B, all of which shall be deemed to run with the land and shall be a burden and a benefit to the Developer, its successors and assigns, and any persons acquiring or owning an interest in the Condominium Premises, and their successors and assigns. In furtherance of the establishment of the Condominium Project, it is provided that:

ARTICLE I: TITLE AND NATURE. The Condominium Project shall be known as ________________________, ______________County Condominium Subdivision . The Condominium Project is established in accordance with the Act. The Units contained in the Condominium, including the number, boundaries, dimensions and area of each, are set forth completely in Exhibit B. Each Unit is capable of individual use by having its own entrance from and exit to a Common Element of the Project. Each Co-owner in the Project has an exclusive right to his Unit, has undivided and inseparable rights to share with other Co-owners the Common Elements of the Project, and has the right to construct a single residential dwelling on his Unit, subject to the Condominium Documents and all applicable laws.

ARTICLE II: LEGAL DESCRIPTION. The land submitted to the Condominium Project is

described as:

[describe]

ARTICLE III: DEFINITIONS. Certain terms are utilized in this Master Deed and Exhibits A and B, and in various other instruments such as the Rules and Regulations of the___________________Association, and deeds, mortgages, liens, land contracts, easements and other instruments affecting the establishment of, or transfer of interests in, the Project. Those terms are usually capitalized (for example, the “Project”) and are defined in the Act. Wherever used in those documents or any other pertinent instruments, those terms shall have the meanings given to them in the Act. The following terms are not defined in the Act,and shall have these meanings:

Section 1. Homesite. “Homesite” shall mean each Condominium Unit, its appurtenant Limited Common Elements, if any, and the General Common Element land area between the Unit and the paved portion of the adjacent roadway.

Section 2. Development Period. “Development Period”, means the period commencing on the date this Master Deed is recorded and continuing as long as Developer owns any Unit in the Project.

ARTICLE IV: COMMON ELEMENTS. The Common Elements of the Project and the

respective responsibilities for maintenance, decoration, repair and replacement are:

Section 1. General Common Elements. The General Common Elements are:

A. Roads. The roadways located within the boundaries of _____________ , unless anduntil they are dedicated to the public, including all landscaped islands, entranceways, and project identification signs and monuments.

B. Land. Land within the Condominium Project that is not identified as either Units orLimited Common Elements, shall be a General Common Element.

C. Electrical, Gas, Telephone and Cable Television. All underground electrical, gas,telephone and cable television mains and lines up to the point where they intersect the boundary of a Homesite and all common lighting for the Project, if any is installed.

D. Storm Water Drainage System. All storm water drainage systems and facilities, if any,serving the Project.

E. Pathways and Walkways. All walking paths, nature trails and other pedestrian ways designated as General Common Element on the Condominium Subdivision Plan for the project, whether paved or constructed of other materials.

F. Detention Areas and Detention Area Easements. The storm water detention and retention areas and easements and drainage facilities, if any, that are designated on the Condominium Subdivision Plan as General Common Elements. Some of the storm water detention and retention areas are not designated as general Common Elements on the Condominium Subdivision Plan, but instead are located within easements that are within the boundaries of certain Units in the Project.

G. Landscaping, Exterior Lighting and Sprinkler Systems. All landscaping, gardens, exterior lighting and sprinkler systems installed by the Developer or the Association within the General Common Element land areas.

H. Water. Certain naturally occurring and artificially created bodies of water lying wholly or partially within the boundaries of the Condominium are designated on the Condominium Subdivision Plan of the Project as General Common Elements.

H. Other. Other elements of the Condominium not designated as General or Limited Common Elements and not located within a Unit that are intended for common use of allCo-owners or are necessary to the Project.

Section 2. Limited Common Elements. Limited Common Elements shall be subject to the exclusive use and enjoyment of the Owner(s) of the Unit(s) to which the Limited Common Elements are appurtenant. The Limited Common Elements are:

A. Land. Certain land may be shown on the Condominium Subdivision Plan as Limited Common Element, and is limited in use to the Unit(s) to which it appertains, as shown on

Exhibit B.

B. Utility Leads. All utility leads and lines lying within the Home sites and all water wells and pumps, and all related potable water facilities servicing a Unit are limited in use to the Units serviced by them.

C. Driveways. Private driveways serving individual Units are Limited Common Elements,from the point where they intersect the paved portion of the roads in the Project, even if they are located partially on the General Common Element land area.

D. Waterfront Land and Beach Areas. Certain land with water frontage and beach areas(collectively, “the Beaches”) are shown on the Condominium Subdivision Plan as Limited Common Element that are respectively appurtenant to and limited in use and enjoyment to one or more Units. The respective Units to which the Beaches are appurtenant are designated within the boundaries of the Beaches on the Condominium Subdivision Plan. The only Units to which the Beaches are appurtenant and the only Units that may use and enjoy the Beaches are Units __________ , as shown on the Condominium Subdivision Plan for the Project. Neither the Developer, nor the Association, nor any Co-owner, nor any other person shall grant any riparian rights or other rights of use in any of the Beaches to any other person, except in connection with the conveyance to that person of title to the Unit to which the Beaches are appurtenant. The Beaches may be used only by the Co-owners of a Unit to which they are appurtenant, his or her family members who reside on the Unit, and his or her house guests.

E. Docks. Certain docks (collectively, “the Docks”) are shown on the Condominium Subdivision Plan as Limited Common Elements that are respectively appurtenant to and limited in use and enjoyment to one or more Units. The respective Units to which the Docks are appurtenant are designated adjacent to the Docks on the Condominium Subdivision Plan. The only Units to which the Docks are appurtenant and the only Units that may use and enjoy the Docks are Units__________ , as shown on the Condominium Subdivision Plan for the Project. Neither the Developer, nor the Association, nor any Co-owner, nor any other person shall grant any riparian rights or other rights of use in any of the Docks to any other person, except in connection with the conveyance to that person of title to the Unit to which the Docks are appurtenant. The Docks may be used only by the Co-owners of a Unit to which they are appurtenant, his or her family members who reside on the Unit, and his or her house guests. Only watercraft titled in the name of the Co-owner and his or her family members who reside on the Unit may be tied to or use the Dock that is appurtenant to that Unit. Each Unit to which the Limited Common Element Docks are appurtenant may place only one boat or other watercraft at the Docks in the place designated by the Association for that Unit’s use. The Docks described herein are the only docks, slips or mooring facilities that may be erected, installed, maintained or used in the Project by the respective Co-owners of Units ____________No boat hoists, docks or other facilities for watercraft may be maintained anywhere on the Condominium Premises without the prior written consent of the Developer.

Section 3. Structures on Units Not Common Elements. All structures and improvements located within the boundaries of a Home site shall be owned in their entirety by the Co-owner of the Home site on which they are located and shall not be Common Elements.

Section 4. Responsibilities. The responsibilities for the maintenance, decoration, repair and replacement of the Common Elements are:

A. Co-owner Responsibilities.

1. Home sites. The responsibility for and the costs of maintenance, decoration, repair, replacement and insurance (both property and liability) of each Home site (including all easement areas located on the Home site), all improvements on that Home site (except actual physical improvements that are General Common Elements) and all Limited Common Elements appurtenant thereto shall be borne by the Co-owner of the Unit in that Home site or to which the Limited Common Element appertains, subject to the maintenance, appearance and other standards contained in the Bylaws and Rules and Regulations of the Association.

2. Utility Services. The responsibility for and cost of maintenance, repair and replacement of all utility laterals and leads within a Home site shall be borne by the Co-owner of the Unit in that Homesite, except to the extent that those expenses are borne by a utility company or a public authority.

3. Waterfront Land and Beach Areas. The responsibility for and the costs of maintenance,decoration, repair, replacement and insurance (both property and liability) of each Beach area described in Article IV, Section 2.D. of this Master Deed, and all improvements on that Beach area shall be borne equally by the Co-owners of the Units to which the particular Limited Common Element Beach area appertains, subject to the maintenance, appearance and other standards contained in the Bylaws and Rules and Regulations of the Association.

4. Docks. The responsibility for and the costs of maintenance, decoration, repair, replacement and insurance (both property and liability) of each Dock described in Article IV, Section 2.E. of this Master Deed, and all improvements on that Dock shall be borne equally by the Co-owners of the Units to which the particular Limited Common Element Dock appertains, subject to the maintenance, appearance and other standards contained in the Bylaws and Rules and Regulations of the Association.

B. Association Responsibilities. The costs of maintenance, repair and replacement of all General Common Elements except the part of the General Common Elements located within a Home site shall be borne by the Association, subject to any contrary provisions of the Bylaws. The foregoing notwithstanding, the Association may expend funds for landscaping, decoration, maintenance, repair and replacement of the General Common Element roadways, even after any dedication to the public, and such costs and expenses shall be costs of operation and maintenance of the Condominium.

Section 5. Utility Systems. Some or all of the utility lines, systems (including mains and service leads) and equipment and the telecommunications facilities, if any, described above may be owned by the local public authority or by the company that is providing the pertinent service. Accordingly, the utility lines, systems and equipment, and any telecommunications and cable television facilities, shall be Common Elements only to the extent of the Co-owners’ interest in those items, if any, and Developer makes no warranty whatever with respect to the nature or extent of that interest, if any. The extent of the Developer’s and Association’s responsibility will be to see to it that water, sanitary sewer,telephone, electric and natural gas mains are installed within reasonable proximity to, but not within, the Units. Each Co-owner will be entirely responsible for arranging for and paying all costs in connection with extension of utilities by laterals from the mains to any structures and fixtures located within the Units.

Section 6. Use of Units and Common Elements. No Co-owner shall use his Unit or the Common Elements in any way inconsistent with the purposes of the Project or in any way that will interfere with or impair the rights of any other Co-owner in the use and enjoyment of his Unit or the Common Elements. No person shall use the General Common Element land area, which is designated on the Condominium Subdivision Plan as “Picnic Area” for purposes of gaining access to the waters of Loon Lake, the terms of any other document previously in the ___________________office of the County Register of Deeds notwithstanding. No motorized or mechanically powered or mechanically supplemented (e.g., paddle boats) watercraft of any kind shall be used or placed in the water area designated as “Motor Restricted Area” on the Condominium Subdivision Plan for the Project.

Section 7. Special Provisions for Roads, Storm Water Detention Areas and Filtration Facilities. The Association shall have the responsibility for the maintenance, repair,operation and replacement of the roads, storm water detention areas and storm water filtration facilities in the Project. The expenses of repair, maintenance, operation and replacement of the roads, storm water detention areas and storm water filtration facilities and any reserve for the replacement thereof shall be expenses of administration of the Project, and shall be assessed against all Co-owners of Units in the Project. Except in thecase of Co-owner fault, each of those Units shall be assessed a proportionate share equal to its percentage of value as set forth in Article V, below, of the expenses of repair,maintenance, operation and replacement of the roads, storm water detention areas and storm water filtration facilities, which may be assessed as part of the regular assessments and/or as special assessments against those Units. The operation, maintenance, repair and replacement of the roads, storm water detention areas and storm water filtration facilities are further subject to the terms and provisions of the Bylaws of the Project. The roads,storm water detention areas and storm water filtration facilities shall be operated, maintained, repaired and replaced in accordance with the provisions of the Master Deed and Bylaws for the Project, all rules and regulations for the Project, and all applicable federal, state and local statutes, laws, ordinances and regulations. If the Association or its contractors or agents fails to comply with the roads, storm water detention areas and storm water filtration facilities operation, maintenance, repair or replacement requirements set forth in the Master Deed, the Bylaws and applicable laws, then, in addition to all other remedies available under applicable law, the_______________________ , the __________________ County Road Commission, the ______________________Department of Environmental Quality, and their respective contractors and agents, may, at their option, with or without notice, enter onto the Project or any Unit that is not in compliance and perform any necessary maintenance, repair, replacement and/or operation of or on the roads, storm water detention areas and storm water filtration facilities. In that event, the Association shall reimburse the __________________, the County and/or their contractors all costs incurred by it in performing the necessary maintenance, repair, replacement and/or operation of or on the roads, storm water detention areas and storm water filtration facilities, plus an administrative fee of 15%. If the Association does not reimburse the ________________ for those costs, then the _____________________, at its option, may assess the cost therefor against the Co-owners of the Units in the Project, to be collected as a special assessment on the next annual tax roll of the ___________________ . At a minimum, the Association shall establish an annual inspection and maintenance program for the roads, storm water detention areas and storm water filtration facilities in the Project. This provision may not be modified, amended, or terminated without the consent of the ____________________ .

Section 8. Non-liability of Developer and Association for Use of Common Elements. Neither the Developer nor the Association shall have any liability to any Co-owner or other person for personal injury or property damage resulting from that Co-owner’s or person’s use of the Common Elements, including but not limited to the paths, and beaches, and any recreational facilities and equipment owned or provided by the Developer or the Association. Each such Co-owner and other person shall exercise reasonable care in using those common elements, facilities and equipment.

Section 9. Open Space. All open space shown on Exhibit B and on the site plan approved bythe of for the Project shall remain forever dedicated as common element open space and operated, administered and managed by the Association, and shall be perpetually maintained in the manner approved by the ________________of ________________ . The dedicated open space shall forever remain open space, subject only to the uses approved by theof on the approved site plan for the Project. Further subdivision of the open space or its use for other than recreation, conservation or agricultural purposes, and easements for utilities and septic systems, is strictly prohibited. This provision is binding upon all current and future owners of all or any part of the real property described in Article II, above. This Section 9 shall not be modified without approval of the of .

ARTICLE V: UNIT DESCRIPTIONS AND PERCENTAGES OF VALUE.

Section 1. Description of Units. Each Unit in the Condominium Project is described in this paragraph with reference to the Condominium Subdivision Plan of ________________________ as prepared by ________________ . (Exhibit B). The Project consists of site Units. Each Unit consists of the volume of land and air within the Unit boundaries as delineated with heavy outlines on Exhibit B.

Section 2. Percentages of Value. All of the Units shall have equal percentages of value, because the Units place approximately equal burdens on the Common Elements. The percentage of value assigned to each Unit shall determine each Co-owner’s share of the Common Elements, the proportionate share of each Co-owner in the proceeds and expenses of administration and the value of the Co-owner’s vote at meetings of the Association.

ARTICLE VI: SUBDIVISION, CONSOLIDATION AND OTHER MODIFICATIONS OF UNITS. Units in the Condominium may be subdivided, consolidated, modified and the boundaries relocated, in accordance with Sections 48 and 49 of the Act and this Article. The resulting changes in the affected Unit or Units shall be promptly reflected in a duly recorded amendment or amendments to this Master Deed.

Section 1. By Developer. Subject to approval by _________________ under the  __________________Zoning ordinance and Condominium Ordinance, Developer reserves the sole right during the Development Period, without the consent of any other Co-owner or any mortgagee of any Unit, to:

A. Subdivide Units. Subdivide or resubdivide any Units that it owns.

B. Consolidate Contiguous Units. Consolidate under single ownership two or more contiguous Units that it owns.

C. Relocate Boundaries. Relocate any boundaries between adjoining Units that it owns. In connection with any subdivision, consolidation or relocation of boundaries of Units by the Developer, the Developer may modify, add to or remove Common Elements, and designate or redesignate them as General or Limited Common Elements and shall reallocate the percentages of value of the affected Units, as required by the Act. These changes shall be given effect by an appropriate amendment(s) to this Master Deed, which shall be prepared and recorded by and at the expense of the Developer.

Section 2. By Co-owners. Subject to approval by ________________________________under the Zoning ordinance and Condominium Ordinance and, during the Development Period, the Developer, one or more Co-owners may:

A. Subdivision of Units. Subdivide or resubdivide any Units that he owns upon written request to the Association.

B. Consolidation of Units; Relocation of Boundaries. Consolidate under single ownership two or more contiguous Units that they own to eliminate boundaries or relocate the boundaries between those Units upon written request to the Association.

These changes shall be given effect by an appropriate amendment(s) to this Master Deed, which shall be prepared and recorded by the Association. The Co-owner(s) requesting the changes shall bear all costs of preparation and recording of the amendment(s). The changes shall become effective upon recording of the amendment in the office of the ________________________ County Register of Deeds.

Section 3. Limited Common Elements. Limited Common Elements shall be subject to assignment and reassignment in accordance with Section 39 of the Act and in furtherance of the rights to subdivide, consolidate or relocate boundaries described in this Article VI.

Section 4. Construction of Improvements on Units. Subject to the restrictions contained in the Condominium Documents, including the Rules and Regulations of the Project, as amended, a Co-owner may construct on his Unit one single_family residence. All construction shall be in accordance with and subject to the Rules and Regulations and all applicable codes, ordinances, statutes, laws, rules, regulations and private use restrictions, including but not limited the _________________________ Zoning Ordinance.

ARTICLE VII: EXPANSION OF PROJECT.

Section 1. AREA OF FUTURE DEVELOPMENT. The Condominium Project established pursuant to the initial Master Deed of  _____________________and consisting of 82 Units is intended to be the first stage of an Expandable Condominium under the Act to contain in its entirety a maximum ____________of Units. Additional Units, if any, will be constructed upon all or some portion or portions of the following described land:

[describe]

(“the Area of Future Development”).

Section 2. INCREASE IN NUMBER OF UNITS. Therefore, any other provisions of this Master Deed notwithstanding, the number of Units in the Project may, at the option of the Developer or its successors or assigns, from time to time, within a period ending no later than six years from the date of recording of this Master Deed, be increased by the addition to this Condominium of any portion of the area of future development. The location, nature, and appearance of all such additional Units shall be determined by Developer in its sole discretion subject only to approval by the _____________________________of _________________________ .

Section 3. EXPANSION NOT MANDATORY. Nothing herein contained, however, shall in any way obligate Developer to enlarge the Condominium Project beyond the phase established by this Master Deed and Developer (or its successor or assigns) may, in its discretion, establish all or a portion of said area of future development as rental development, a separate condominium project (or projects) or any other form of development. There are no restrictions on the election of the Developer to expand the Project other than as explicitly set forth herein. There is no obligation on the part of the Developer to add to the Condominium Project all or any portion of the area of future development described in this Article VII nor is there any obligation to add portions thereof in any particular order nor to construct particular improvements thereon in any specific locations. None of the additional land and Unit area may be devoted to other than residential use.

Section 4. AMENDMENT OF MASTER DEED AND MODIFICATION OF PERCENTAGES OF VALUE. Such increase in size of this Condominium Project shall be given effect by an appropriate amendment or amendments to this Master Deed in the manner provided by law, which amendment or amendments shall be prepared by and at the discretion of the Developer or its successors and in which the percentages of value set forth in Article V hereof shall be proportionately readjusted in order to preserve a total value of 100 for the entire Project resulting from such amendment or amendments to this Master Deed. The precise determination of the readjustments in percentages of value shall be made within the sole judgment of Developer. Such readjustments, however shall reflect a continuing reasonable relationship among percentages of value based upon the method of original determination of percentages of value for the Project.

Section 5. REDEFINITION OF COMMON ELEMENTS. Such amendment or amendments to the Master Deed shall also contain such further definitions and redefinitions of General or Limited Common Elements as may be necessary to adequately describe, serve and provide access to the additional parcel or parcels being added to the Project by such amendment. In connection with any such amendment(s), Developer shall have the right to change the nature of any Common Element previously included in the Project for any purpose reasonably necessary to achieve the purposes of this Article, including, but not limited to, the connection of roadways and sidewalks to the Project to any roadways and sidewalks that may be located on, or planned for the area of future development, and to provide access to any Unit that is located on, or planned for the area of future development from the roadways and sidewalks located in the Project. Any change in or redefinition of the Common Elements shall not alter the open space plan approved by _______________________ _______________________without the prior approval of _____________________under the _____________________Zoning Ordinance and Condominium Ordinance.

Section 6. CONSOLIDATING MASTER DEED. A Consolidating Master Deed shall be recorded pursuant to the Act when the Project is finally concluded as determined by Developer in order to incorporate into one set of instruments all successive stages of development. The Consolidating Master Deed, when recorded, shall supersede the previously recorded Master Deed and all amendments thereto.

Section 7. CONSENT OF INTERESTED PERSONS. All of the Co-owners and mortgagees of Units and other persons interested or to become interested in the Project from time to time shall be deemed to have irrevocably and unanimously consented to such amendment or amendments to this Master Deed to effectuate the foregoing and to any proportionate reallocation of percentages of value of existing Units which Developer or its successors may determine to be necessary in conjunction with such amendment or amendments. All suchinterested persons irrevocably appoint Developer or its successors as agent and attorney for the purpose of execution of such amendment or amendments to the Master Deed and all other documents necessary to effectuate the foregoing.

ARTICLE VIII: EASEMENTS.

Section 1. Easement for Utilities. There shall be easements to, through and over the land in the Condominium (including all Units and their adjoining Limited Common Element setback areas) for the continuing maintenance, repair, replacement and enlargement of any General Common Element utilities in the Condominium as depicted on the Condominium Subdivision Plan as amended from time to time. If any portion of a structure located within a Unit encroaches upon a Common Element due to shifting, settling or moving of a building, or due to survey errors, construction deviations or change in ground elevations, reciprocal easements shall exist for the maintenance of that encroachment for as long as that encroachment exists, and for its maintenance after rebuilding in the event of destruction.

Section 2. Easements Retained by Developer.

A. Roadway Easements. (1) Developer reserves for the benefit of itself, its successors and assigns, an easement for the unrestricted use of all roads and walkways in the Condominium for the purpose of ingress and egress to and from all or any portions of the Project and the real property described in Article VII. All expenses of maintenance, repair, replacement and resurfacing of any road referred to in this Article shall be shared by this Condominium and any developed portions of the contiguous land described in Article VII whose closest means of access to a public road is over such road or roads. The Co-owners of this Condominium shall be responsible from time to time for payment of a proportionate share of those expenses which share shall be determined by multiplying those expenses by a fraction, the numerator of which is the number of Units in this Condominium, and the denominator of which is comprised of the number of those Units plus all other dwelling Units in the adjoining land described in Article VII whose closest means of access to the public road is over that road. Developer further reserves the right during the Development Period to install temporary construction roadways and access ways over the General Common Elements in order to gain access to the Project and the real property described in Article VII from a public road.

(2) The Developer reserves the right at any time until the lapse of two (2) years after the expiration of the Development Period, and the Association shall have the right subsequent to that period, to dedicate to the public a right-of-way of such width as may be required by the local public authority over any or all of the General Common Element roadways in .___________________ That right-of-way dedication may be made by the Developer without the consent of any Co-owner, mortgagee or other person and shall be evidenced by an appropriate amendment to this Master Deed and Exhibit B, recorded in the _______________ County Records. Any such dedication shall be subject to approval of __________________ under the ____________________Zoning ordinance and Condominium Ordinance.

(3) The Developer reserves the exclusive right until the lapse of the Development Period to maintain, repair, replace, decorate and landscape the Entrance ways and Roadways in the Project. The nature, extent and expense of maintenance, repair, maintenance, replacement, decoration and landscaping shall be at the sole discretion of the Developer. All costs and expenses of initial installation of decorations and landscaping shall not be costs and expenses of administration and operation of the Condominium, but shall be borne by the Developer. All costs and expenses of maintenance, repair, maintenance, replacement, decoration and landscaping other than for the initial installation of those improvements shall be costs and expenses of operation and administration of the Condominium. As used in this Paragraph (3), the term “Entrance ways and Roadways” shall include but shall not be limited to the paved portions of the General Common Element roads, including but not limited to median strips and planting and green areas, and all General Common Element land areas located within 400 feet of the centerline of  _________________Road. After expiration of the Development Period or when Developer assigns to the Association or to another person the Developer’s rights under this Paragraph A(3), the Association shall have the responsibility for maintenance, repair, replacement, decoration and landscaping of the entranceways to the extent those areas are General Common Elements for which the Association would otherwise have those responsibilities under the Master Deed and Bylaws for the Project.

(4) Certain parcels of real property that are not located in the Project have been granted easements for ingress and egress over the General Common Element roads shown on the Condominium Subdivision Plan for the Project. In addition, one of those parcels has aneasement for ingress and egress over a 30 feet wide strip that straddles the common boundary line of Units ________________and ________________ . Those easements are or shall be evidenced by documents recorded in the office ______________of the County Register of Deeds.

B. Utility Easements. The Developer also hereby reserves for the benefit of itself, its successors and assigns, and all present and future owners of all or part of the real property described in Article VII, perpetual easements to utilize, tap, tie into, extend and enlarge all utility mains located in the Condominium Premises, including, but not limited to, water, gas, telephone, electrical, cable television, storm and sanitary sewer mains for the purpose of servicing any and all developments located or to be located on the real property described in Article VII. In the event the Developer, its successors or assigns, utilizes, taps, ties into, extends or enlarges any utilities located on the Condominium Premises, it shall be obligated to pay all of the expenses reasonably necessary to restore the Condominium Premises to their state immediately prior to such utilization, tapping, tying_in, extension or enlargement. All expenses of maintenance, upkeep, repair and replacement of the utility mains described in this Article shall be shared by this Condominium and any developed portions of the contiguous land described in Article VII that benefit from those utility mains. The Co-owners of this Condominium shall be responsible from time to time for payment of a proportionate share of those expenses which share shall be determined by multiplying those expenses by a fraction, the numerator of which is the number of Units in this Condominium, and the denominator of which is comprised of the number of those Units plus all other dwelling Units in the adjoining land described in Article VII that benefit from those utility mains. Provided, however, that the foregoing expenses are to be so paid and shared only if those expenses are not borne by a governmental agency or public utility. Provided, further, that the expense sharing shall be applicable only to utility mains and all expenses of maintenance, upkeep, repair and replacement of utility leads shall be borne by the Association to the extent such leads are located on the Condominium and by the owner or owners of the land described in Article VII or portion thereof upon which are located the dwelling Units which the lead or leads services. C. Granting Utility Rights to Agencies. The Developer reserves the right at any time until the lapse of two (2) years after the expiration of the Development Period, and theAssociation shall have the right thereafter, to grant easements for utilities over, under and across the Condominium to appropriate governmental agencies or public utility companies and to transfer title of utilities to governmental agencies or to utility companies. Any easement or transfer of title may be conveyed by the Developer without the consent of any Co-owner, mortgagee or other person and shall be evidenced by an appropriate amendment to this Master Deed and Exhibit B recorded in the __________________ County Records.

D. Developer’s Right of Use. The Developer, its successors and assigns, agents and employees, may maintain facilities as necessary on the Condominium Premises to facilitate the construction, development and sale of the Units including offices, models, storage areas, maintenance areas and parking. The Developer shall also have the right of access to and over the Project to permit the construction, development and sale of the Units.

Section 3. Grant of Easements by Association. The Association, acting through its lawfully constituted Board of Directors (including any Board of Directors acting prior to the Transitional Control Date) shall be empowered and obligated to grant easements, licenses, Rights-of-entry and rights-of-way over, under and across the Condominium Premises for utility purposes, access purposes or other lawful purposes that may be necessary for the benefit of the Condominium subject, however, to the approval of the Developer so long as the Development Period has not expired.

Section 4. Association Easements for Maintenance, Repair and Replacement. The Developer, the Association and all public or private utilities shall have such easements over, under, across and through the Condominium Premises, including all Units and Common  , as may be necessary to fulfill any responsibilities of maintenance, repair, decoration, replacement or upkeep which they or any of them are required or permitted to perform under the Condominium Documents or by law or to respond to any emergency or common need of the Condominium.

Section 5. Telecommunications Agreements. The Association, acting through its duly constituted Board of Directors and subject to the Developer’s approval during the Development Period, shall have the power to grant easements, licenses and other rights of entry, use and access and to enter into any contract or agreement, including wiring agreements, right_of_way agreements, access agreements and multi_unit agreements and, to the extent allowed by law, contracts for sharing of any installation or periodic subscriber service fees as may be necessary, convenient or desirable to provide for telecommunications, video text, broad band cable, satellite dish, earth antenna and similar services (collectively “Telecommunications”) to the Project or any Unit. However, the Board of Directors shall not enter into any contract or agreement or grant any easement, license or right of entry or do any other act or thing that will violate any provision of any federal, state or local law or ordinance. Any and all sums paid by any Telecommunications or other company or entity in connection with such service, including fees, if any, for the privilege of installing same or sharing periodic subscriber service fees, shall be receipts affecting the administration of the Condominium Project within the meaning of the Act and shall be paid over to and shall be the property of the Association.

Section 6. Other Community Easements. The Developer (or the Association after the expiration of the Development Period) shall have the right to grant any other easements on the General Common Elements that are necessary or desirable for development, community usage, coordinated maintenance and operation of ________________and to confer responsibilities and jurisdiction for administration and maintenance of those easements upon the administrator of ______________________.

Section 7. Easement for Maintenance of Roads, Storm Water Detention Areas and Filtration Facilities. The Association, the _________________County Road Commission, the ____________________ Department of Environmental Quality, and the _________________________ of and their respective contractors, employees, agents and assigns are hereby granted a permanent and irrevocable easement to enter onto the General Common Elements, onto each Unit serviced by the roads, storm water detention areas and storm water filtration facilities, and onto the Limited Common Elements appurtenant to those Units for the purpose of inspections, improvement, repairing, maintaining (including preventative maintenance), and/or replacing the roads, storm water detention areas and storm water filtration facilities or any portion thereof. The area of the Condominium Premises that contains any part of the roads, storm water detention areas and storm water filtration facilities shall be maintained in a manner so as to be accessible at all times and shall contain no structures or landscaping features that would unreasonably interfere with such access. This easement shall not be modified, amended or terminated without the consent of the ______________________ of__________________________ .

Section 8. Easement for Emergency Access. The __________________of ___________________ , the County of_________________________ , the State of _______________________ , their respective agencies, departments and contractors, and all other appropriate governmental authorities and their respective contractors, employees,agents and assigns are hereby granted a permanent and irrevocable easement to enter onto the Common Elements of the Project for the purpose of providing emergency services such as, by way of example and not limitation, police, fire and emergency medical and evacuation services.

Section 9. No Access to Loon Lake. Except as an appurtenance to title to Units _______________of the Project, as described in Article IV, Section 2.D. of this Master Deed, there shall be no easement or access for any person to the waters of Loon Lake over and across any part of the General Common Elements or Limited Common Elements, the terms of any other document previously in the office of the ____________________ County Register of Deeds notwithstanding.

ARTICLE IX: AMENDMENT. This Master Deed and the Condominium Subdivision Plan may be amended with the consent of 66_2/3% of the Co-owners, except that:

Section 1. Modification of Units or Common Elements. A Unit’s dimensions, and the nature, extent and the responsibility for maintenance, repair or replacement of its appurtenant Limited Common Elements may not be modified in any material way without the written consent of the Co-owner and mortgagee of that Unit.

Section 2. Mortgagee Consent. A proposed amendment that would materially alter or change the rights of mortgagees generally shall require the approval of 66_2/3% of all first mortgagees of record allocating one vote for each mortgage held.

Section 3. By Developer. Prior to 1 year after expiration of the Development Period, the Developer may, without the consent of any Co-owner or any other person, amend the Condominium Documents to correct survey or other errors and make other amendments that do not materially affect any rights of any Co-owners or mortgagees in the Project.

Section 4. Change in Percentage of Value. The value of the vote of any Co-owner, the corresponding proportion of common expenses assessed against him and the percentage of value assigned to his Unit shall not be modified without his and his mortgagee’s written consent, except as otherwise provided in the Condominium Documents.

Section 5. Termination, Vacation, Revocation or Abandonment. The Condominium Project may not be terminated, vacated, revoked or abandoned without the written consent of the Developer and 80% of non-Developer Co-owners.

Section 6. Developer Approval. During the Development Period, the Master Deed and Exhibits A and B shall not be amended or modified without the written consent of the Developer.

Section 7. ______________________ Approval. This Master Deed and the Exhibits attached to this Master deed shall

not be amended without the approval of the City of ___________________ .

ARTICLE X: ASSIGNMENT. The Developer may assign any or all of its rights or powers under the Condominium Documents or law, to another person or the Association by an appropriate written document duly recorded in the office of the ________________County Register of Deeds.

DATED this the _________________ day of ____________________, 20 .________

Developer ________________________________

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State Specific Condominium Forms

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