BELLA VISTA BAY CONDOMINIUMS

Cannon Township, Kent County

DISCLOSURE STATEMENT

Developed By:

Bella Vista Bay Limited Partnership

6202 Three Mile Road, N.E.
Ada, Michigan 49301
Tel. No. (616) 874-9171

Bella Vista Bay Condominiums is an expandable

condcminium project located in Cannon Township,
Kent County, Michigan. The first three phases
of the project, consisting of 36 residential
units, are being developed by conversion of three
existing Apartment Buildings. The project may
later be expanded to a maximum of 72 Units by
decision of the Develooer exercised on or before
the expiration of 6 ye~rs from the date on which
a Master Deed for the project was first recorded.

THE CORPORATION AND SECURITIES BlJREAU OF THE

MICHIG?u~ DEPARTMENT OF COMMERCE IS DESIGNATED AS
THE lIADMINISTRATOR" FOR CONDOMINIUMS BY THE
MICHIGfu~ CONDOMINIUM ACT. THE BUREAU ~~S NO
REVIEW OF CONDOMINTUM DOClJMENTS, HOWEVER, NOR
ANY RECOMlA"..ENDATIONSAS TO THE MERITS OF ANY
PROJECT OR THE FURCHASE- OF u~ITS THEREIN.

THIS DISCLOSuxE STATEMENT IS NOT A SUBSTITUTE FOR

THE ~..ASTERDEED, THE CONDOMINIUM BUYER'S HANDBOOK
OR OTHER APPLICABLE LEGAL DOCUM~NTS, ~~D BUYERS
SHOULD READ ALL SUCH DOCJMENTS TO FULLY ACQUAINT
THEMSELVES WITH THE PROJECT AND THEIR RIGHTS fu~D
RESPONSIBILITIES RELATING THERETO.

IT IS RECOMMENDED THAT YOU CONSULT WITH fu~

ATTORNEY OR OTHER PROFESSIONAL ADVISOR PRIOR TO
PURCF..ASINGA CONDOMINIu~ u~IT.

Effective Date:

August 1, 1991
Prepared By:

William K. Van't Hof

Varnum, Riddering, Schmidt
& Howlett
suite 800, 171 Monroe Ave., N.W.
Grand Rapids, Michigan 49503

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 BELLA VISTA BAY CONDOMINIUMS

DISCLOSURE STATEMENT

Table of Contents

Paae

Introduction 1

The Condominium Concept . 1

Description of the Project 3

Legal Documents . . . . . . 3

Developer's Background and Experience 5

Administration of the Project . 6

project Warranties 8

Escrow Requirements . 9

Budget and Assessments 9

Lake Bella vista Improvement Association 11

Restrictions Applicable to the Condominium 13

Enforcement Provisions -. . . , . 13

Insurance .. 14

Private Drives and Easements 15

Real Estate Taxes . . . 16

Recreational Facilities 17

Legal Matters . 17

Operating Budget Exhibit A

Development Team Exhibit B

Association Rules and Regulations . Exhibit C

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 BELLA VISTA BAY CONDOMINIUMS

DISCLOSURE STATEMENT

INTRODUCTION

Condominium development in Michigan is governed largely by a

statute called the Michigan Condominium Act, which is Act 59 of

the Public Acts of 1978, as amended (the "Act"), and by rules

adopted by the Michigan Department of Commerce, the state agency

which administers the Act. On the following pages, Bella Vista Bay

Limited Partnership, as developer of the Bella Vista Bay project

(the "Proj ect") , has set forth those material facts about the

Project and the persons involved in its development which it

believes will satisfy the needs of the average buyer. This Dis-

closure Statement, together with copies of the legal documents

intended for the creation and operation of the project, are

furnished to each buyer to fulfill the requirement of the Act that

the Develope.r disclose -to prospective purchasers the charac-

teristics of the condominium units which are offered for sale.

These documents constitute the only authorized description of Bella

vista Bay Condominiums, and none of the Developer's sales or other

representatives are permitted to vary the terms.

THE CONDOMINIUM CONCEPT

"Condominium" is a form of real property ownership. Under

Michigan law, a condominium unit has the same legal attributes as

any other form of real estate and may be sold, mortgaged or leased

subject to the restrictions contained in the condominium docu-

ments. A condominium project is established by recording a Master

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Deed in the office of the Register of Deeds for the County in which

the Project is located.

Each owner of a condominium unit (the "Co-owner") owns a por-

tion of the building which comprises his residence (the "unitll),

to which he receives a warranty deed, and is one of a number of

mutual owners of common facilities (the "common elements") which

serve both his unit and other units in the Proj ect. The units and

the common elements (which are legally inseparable from the units)
,
are described generally in the Master Deed, and each unit's bound-

aries are shown in the Condominium Subdivision Plan attached as an

exhibit to the Master Deed. All portions of the project which are

not included within the units constitute the common elements and

are owned by all Co-owners in undivided proportions equal to the

percentages of value assigned to each unit in the Master Deed.

Limited Common Elements are those common elements which are set

aside for the use of less than all unit owners. All other common

elements are designated as General Common Elements.

The relatively close proximity of residents requires that

certain restrictions and obligations be imposed with regard to the

use of the units and the common elements for the mutual benefit of

all. Such restrictions and Obligations are contained in the

Condominium Bylaws which are recorded as part of the Master Deed.

All of the condominium documents are prepared with the goal of

allowing each Co-owner a maximum amount of individual freedom and

discretion without allowing anyone owner to infringe upon the

rights and interests of the group at large. All Co-owners and

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 residents must be familiar with and abide by such restrictions if

a condominium project is to be an enjoyable place to live.

DESCRIPTION OF THE PROJECT

Bella vista Bay Condominiums is a residential condominium

project located in Cann~n Township, Kent County, Michigan. The

Proj ect is being developed in multiple phases on approximately

19.68 acres of land, to contain a maximum of 72 condominium units.

The first three phases, consisting of 36 units, involve the

conversion of three existing apartment buildings to condominium

ownership. A decision as to the further expansion and ultimate

size of the proj ect must be made by the Developer before the

expiration of 6 years from the date on which a Master Deed for the

initial phase of the Project was first recorded.

All units in the Project are constructed on a single floor with

two bedrooms, one bathroom and individual entry from an interior

stairway. All units have separate furnace, hot water heater and

central airconditioning~

The land, open parking areas, access drive, landscaping, common

utility systems and structural elements of the buildings are all

General Common Elements which are owned and used in common by all

Co-owners. Individual Co-owners also have an exclusive right to

use the Limited Common Elements of the Project such as carports,

decks and/or patios.

LEGAL DOCUMENTS

Bella vista Bay Condominiums was first established as a 12-

unit condominium project pursuant to a Master Deed dated

January 26, 1990 and recorded in the Kent County Records, a copy

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 of which has been or is being delivered with this Disclosure

statement. First and Second Amendments were adopted in February

of 1991 and July of 1991 respectively for the purpose of expanding

the proj ect to 24 and 36 units. The Master Deed, as amended,

includes as Exhibit A the Condominium Bylaws and as Exhibit B the

Condominium Subdivision Plan, a three-dimensional survey

establishing the physical relationship and location of each of the

units in the Project. The non-recordable Condominium Documents

include this statement, the Articles of Incorporation, the Cor-

porate Bylaws and the Rules and Regulations of the Association of

Co-owners attached hereto as Exhibit C.

The Master Deed contains a definition of terms used to describe

the Project, the percentage of value assigned to each. unit, a

general description of both the limited and general common elements

constithting the Project, a statement as to the responsibility of

the individual owners and of the Association for upkeep and main-

tenance of the common elements, and the time and manner in which

the 'project may be expanded. The Master Deed also reserves to the

Developer the right to modify the number, size, style and location

of any unsold units or common elements in the Project by an

amendment or series of amendments to the Master Deed. Such

amendments do not require the consent of any owner or mortgagee

providing that the changes do not unreasonably impair or diminish

the appearance of the Project or the view, privacy or other

significant attribute of any unit which adjoins a modified unit or

common element.

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 The Condominium Bylaws contain provisions relating to the

operation, management and fiscal affairs of the Condominium

including, in Article V, provisions relating to both regular and

special assessment of the members to pay for the costs of operat-

ing the Project. Restrictions on the ownership, occupancy and use

of condominium units in the Proj ect are listed in Article VII,

together with provisions allowing the Association to adopt addi-

tional rules and regulations governing the use of the units and

the common elements.

The Condominium Subdivision Plan contains a survey of the

condominium land showing the location of all buildings and utili-

ties. Floor plans and elevations of individual units are also

depicted in the Subdivision Plan, together with those cornmon ele-

ments which are susceptible of being shown on the drawings.

DEVELOPER'S BACKGROUND AND EXPERIENCE

The Proj ect is being developed by Bella Vista Bay Limited

Partnership', a Michigan limited partnership. This partnership was

formed in 1988 for the specific purpose of acquiring and converting

the Bella Vista Bay Apartments to condominiums, its first endeavor

in condominium development. Daniel L. Carter, the sole general

partner of Bella Vista Bay Limited Partnership, is a principal in

the certified public accounting firm of Hungerford, Aldrin, Nichols

& Carter. He is a member of both the American Institute of

Certified Public Accountants and the Michigan Association of

certified Public Accountants, having been certified in 1979. Mr.

Carter is a native of Grand Rapids, Michigan, who attended

Valparaiso University where he received his Bachelor of Science

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 degree in 1977. In 1984, he received a Master of Science in

Taxation degree from Grand Valley state University. Mr. carter and

his wife, Dawn, reside in Ada with their four children.

The names, addresses and previous experience with condominium

projects of the developer. and of any management agency, real estate

broker, residential builder, residential maintenance and altera-

tion contractor, escrow agent, project engineer, attorney and/or

other member of the development "team" involved in the Project are

set forth on Exhibit B attached to this scat.enerrt ,

ADMINISTRATION OF THE PROJECT

The responsibility for management and maintenance of the

ProJect is vested in the Bella vista Bay Condominium Association

(the "Association"), which has been incorporated by the Developer

as a non-profit corporation under Michigan law. Each condominium

owner automatically becomes a member of the Association when he

purchases a unit in the Proj ect. The owner af each unit is

entitled to one vote at meetings of the Association except when

voting by value, in which case his vote is proportionate to the

percentage of value assigned by the Master Deed to the unit or

units which he owns.

The Association was formed by certain individuals acting at

the request of the Developer. These persons now make up the Board

of Directors of the Association and will control its affairs until

a new Board of Directors is elected by the owners. This election

will take place at the initial meeting of the members of the

Association, which must be held within 120 days after legal or

equitable title to 75% of the units which may be created in the

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 Project has been conveyed to non-Developer Co-owners, but in no

event later than 54 months after the first conveyance of title to

such a person has been made. The composition of the Board as

between Developer representatives and non-Developer Co-owners will

thereafter be adj usted ~rom time to time under the formula set

forth in the Condominium Bylaws.

Not later than 120 days after conveyance of legal or equitable

title to non-Developer Co-owners of one-third of the units in the

Project, or one year after the initial conveyance of a unit to such

a person, whichever first occurs, 3 persons will be selected from

a~ong the non-Developer Co-owners to serve as an advisory committee

to the Board of Directors. The advisory committee is intended to

function as an informal organization with which the Board can

consult on matters concerning Bella vista Bay Condominiums. The

Board will attempt to meet with the advisory committee at least

twice each year. At such meetings, the Developer intends to pro-

vide the advisory committee with information about the development

of the Condominium and to receive recommendations from the com-

mittee. In the event an advisory committee is formed, the members

will be appointed by and serve at the pleasure of the Developer.

The By-Laws of the Association permit the hiring of a profes-

sional manager or management company to manage the Project. The

Developer has contracted with Great Lakes Management, a related

company owned by Mr. Ca.rter, to handle administra tive duties and

has hired Therese Cotter as on-site manager. The fees paid to

Great Lakes for professional services and the salary paid to Ms.

Cotter for management are both reflected in the annual budget of

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 the Association attached as Exhibit A. These arrangements, as well

as any other contracts between the Association and the Developer

or a management agent or company related to the Developer, are

subj ect to termination at the option of the owners upon their

assumption of control of the Condominium, with or without cause.

Additional information about the organization and operation of

condominiums in Michigan may be found in the Condominium Buyer's

Handbook published by authority of the Michigan Department of

Commerce, a copy of which has already been furnished to you by the

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Developer.

PROJECT WARRANTIES

As described in the Purchase Agreement, all units in the Bella

vista Bay Project have been occupied on a rental basis prior to

their conversion to condominium ownership. Under these

circumstances, the Units are being offered for sale in their

present condition without warranty or representation of any kind,

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express or implied, and-each purchaser is buying his unit lias is"

in its present condition.

All unexpired warranties given by the manufacturer of an

appliance or other manufactured item contained within the

Condominium unit will be assigned to the purchaser of that Unit.

The Developer makes no other warranties as to such items.

All notices with regard to warranty claims should be addressed

to the Developer c/o Daniel L. Carter, Partner, at the address

noted on the Face Sheet of this Statement.

CAUTION: THERE ARE NO WARRANTIES ON THIS CONDOMINIUM

PROJECT OTHER THAN THOSE DESCRIBED HEREIN, AS EXPRESS
WARRANTIES ARE NOT PROVIDED UNLESS SPECIFICALLY STATED.

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 YOU, INDIVIDUALLY OR AS A MEMBER OF THE ASSOCIATION, MAY
BE REQUIRED TO PAY FOR THE REPLACEMENT OR REPAIR OF ANY
DEFECTS IN THIS CONDOMINIUM PROJECT THAT ARE NOT COVERED
BY WARRANTY, IF ANY SUCH DEFECTS EXIST. UNDER NO CIR-
CUMSTANCES WILL THE DEVELOPER BE LIABLE FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES.

ESCROW REQUIREMENTS

section 84 of the Condominium Act provides that all payments

received from a prospective purchaser under a Purchase Agreement

must be deposited in an escrow account with an authorized escrow

agent, and must be refunded if the Purchase Agreement is cancelled

within 9 business days after receipt by the Purchaser of the

condominium Documents which the Developer is required to furnish

under Section 84(a). Upon expiration of such withdrawal period,

the Developer must retain sufficient amounts in the escrow account

or provide other adequate security as provided in section l03(b)

of the Act to assure the completion of those uncompleted structures

and improvements labeled "must be built" under the terms of the

Condominium Documents.

Since all Units in the Bella vista Bay Project have been

completed, the Developer will not be required to retain any funds

in escrow subsequent to the date of closing.

BUDGET AND ASSESSMENTS

The Condominium Bylaws require that the Board of Directors

adopt an annual budget for the operation of the Project. The

current budget was formulated by the Developer to provide for the

normal and reasonably predictable expenses of administration of

the Project, including a reserve for replacement of major struc-

tural components of the buildings and other common elements as

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 needed in the future. A copy of this budget is attached to this

statement as Exhibit A. The amount projected as expenses for the

current year of the Association is $35(424.00( which does not

include expenses for gas( interior electric and telephone services(

which are individually metered and must be paid directly by each

Co-owner.

Because the budget must necessarily be prepared in advance( it

reflects estimates of expenses based on past experience. These

estimates may prove to be inaccurate during actual operations on

account of such factors as increases in the cost of goods and

services( the need for repair or replacement of common elements (

property improvements ( and additions to the size of the condo-

minium. If such cost increases should occur, the budget will need

to be revised accordingly.

The Developer is responsible for actual costs incurred by the

Association which are directly related to units owned by the

Developer( ~nd in addition must pay a pro-rata share of

administrative costs which indirectly benefit the Developer, as

described in Article V, section 5 of the Condominium Bylaws. The

Association's only other source of revenue to fund the budget is

by assessment of its members. Each Co-owner must therefore pay an

annual assessment which is determined by dividing the projected

budget expenses by the number of units in the Project. The annual

assessment must be paid in 12 equal monthly installments through-

out the year, on the first day of the month in which it becomes

due. Thus ( on the basis of the budget attached as Exhibit A, the

average assessment for each of the 36 units in Phases I, II & III

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 of the proj ect will be in the approximate amount of $82.00 per

unit.

To provide working capital, each Purchaser must pay to the

Association at closing on the purchase of his unit both the pro-

rata share of the current monthly assessment for the Unit and an

additional sum equal to two month's assessments for the Associa-

tion reserves. The reserve deposit is not refundable and will not

apply as a credit against any future monthly installment or annual

assessment. The Board of Directors may also levy special assess-

ments to cover expenses which were not anticipated in the budget

as permitted by Article V, section 2 of the Condominium By-laws.

LAKE BELLA VISTA IMPROVEMENT ASSOCIATION

Ow~ers of the Condominium Units will also be members of the

Lake Bella Vista Improvement Association, a non-profit corporation.

This Association was organized on November 9, 1978, to govern and

restrict the land and owners thereof in a large area around Lake

Bella Vista.which is bounded by M-44, Blakely Road, Nine Mile Road

and Myers Lake Road. Each owner of a condominium unit will receive

a copy of the Articles of Incorporation and Bylaws for the

Association. A document entitled "Declaration of Covenants,

Conditions and Restrictions", dated February 10, 1973, contains the

rules and regulations for the governance of the areas controlled

by the Association. You will also receive a copy of this document.

By way of example, the following pertinent provisions of the

Declaration of Covenants, Conditions and Restrictions should be

noted:

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 (1) Every owner af realty in the area governed by
the Association has a right and easement of
enjoyment in the Common Areas, e.g., Lake Bella
vista.

(2) Every owner of realty in the are governed by the

Association has an obligation to pay annual
assessments or charges and special assessments
for capital improvements. These assessments or
charges are to be used exclusively to promote the
recreation, health, safety and welfare of the
Owners and for improvement and maintenance of the
Common Area, and of the homes and/or buildings
situated upon the above-referenced land, and
maintenance of the water quantity, quality, and
of the dam.

(3) Pursuant to this document, each owner of realty

in the area governed by the Association was
originally required to pay a maximum annual
assessment of $36.00 per lot. This maximum
amount may be increased each year by not more
than three percent (3%) above the maximum
assessment for the previous year without a vote
of the membership. The current annual assessment
is $150.00. Delinquent assessments were
originally set to bear interest at the rate of
six percent (6%) per annum. Pursuant to an
Amendment to the Bylaws dated November I, 1980,
this in rate of interest was increased to twelve
(12%) per annum. You will also receive copies
of these documents.

Pursuant to an Amendment to the Bylaws dated March 25, 1978,

and a Certificate of Increase of Annual Assessments of the same

date, a new assessment was added for water pumping and weed control

costs, payable by December 1 of each year for the succeeding year.

The current annual assessment for water pumping and weed control

is $0. You will also receive copies of these documents.

All of the documents mentioned above should be read in their

entirety along with this Disclosure statement.

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 RESTRICTIONS APPLICABLE TO THE CONDOMINIUM

Owners of Condominium units will be bound by various use and

occupancy restrictions applying to both the condominium units and

the common elements. For example, there are restrictions as to

the maximum number of in~ividuals who may reside in a unit on a

permanent basis and prohibitions against alterations or changes in

the exterior appearance of any unit or limited common element, the

parking of recreational vehicles, boats and trailers on the condo-

minium property, the rental of units for less than prescribed

periods of time, and the keeping of pets without prior written

permission from the Board of Directors of the Association.

It is impossible to paraphrase all the restrictions without

risking the omission of some portion that may be of significance

to a particular purchaser. Consequently, each buyer should care-

fully review the Master Deed and Condominium By-Laws to be sure

that they do not infringe on an important intended use. None of

the restrictions prohibit the Developer from carrying on sales

activities as long as the Developer is selling units in the condo-

minium.

ENFORCEMENT PROVISIONS

Compliance with use restrictions may be enforced by the levy

of fines, or by legal action seeking damages or an injunction

against the offending owner. The Board may also take direct action

to correct any condition which violates the By-laws, may prohibit

use of the common elements by an Owner in default, or may ele~ to

discontinue furnishing services to the unit involved upon 7 days

notice to the Co-owner in default. If monthly assessments are not

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 paid by the owner of a condominium unit when due, the Association

may charge reasonable interest or assess late charges from and

after the due date. The Association is also given a lien on the

unit which may be enforced as described above, or by foreclosure

proceedings in the manne~ provided by the Condominium Act. Owners

should be aware, however, that section 58 of the Michigan

Condominium Act provides that if the holder of a first mortgage or

other purchaser obtains title to a unit as a result of foreclosure

J
of that mortgage, such holder of the first mortgage or other

purchaser is not liable for unpaid assessments which are chargeable

against that unit and which had become due prior to foreclosure.

These unpaid assessments are common expenses which are collectible

from all unit owners.

INSURANCE

The condominium documents require that the Association carry

fire and extended coverage for vandalism and malicious mischief,

and liability insurance-and worker's compensation insurance (if

applicable) with respect to all of the common elements of the

project. Such policies may contain deductible clauses which, in

the event of a loss, may result in a portion of such loss being

borne by the Association. The Board of Directors is responsible

for obtaining such insurance coverage for the Association, and each

Co-owner I s pro rata share of the annual Association insurance

premiums is included in the monthly assessment. The Association

insurance policies will be available for inspection at the offices

of Moritz-Boer Co. (Mr. Bruce Boer), 2535 Five Mile Road, N.E.,

Grand Rapids, Michigan. (Tel. No. (616) 363-7766).

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 The insurance coverage provided by the Association will not

cover the interior of the condominium units, except for interior

walls, appliances and fixtures which were furnished as standard

items by the Developer. No coverage will be provided for property

of an owner located outside the unit on the grounds of the Project

or on a Limited Cornmon Element appurtenant to a unit. All owners

are cautioned, therefore, that it is their own responsibility to

insure the interior of the unit (including subsequently acquired

appliances and fixtures), its contents and any improvements bought

and paid for by the owner. Each owner must also obtain personal

liability coverage against injury to persons or damage to property

resulting from accidents in and about his condominium unit. An

insurance agent should be consulted in order to decide just what

coverage will be needed for your protection, since without such

coverage an owner would be uninsured for any loss that might occur

within his unit, to his property or to his guests.

PRIVATE DRIVES AND EASEMENTS

Bella vista Drive, a public street, passes adj acent to the

Project and provides access to other public streets and highways

serving Cannon Township. As a public street, Bella vista Drive

will be maintained and plowed by the County.

All private drives within the Project, however, as well as open

parking areas and walkways, are General Common Elements of the

Project and must be cleared, maintained and repaired as needed by

the Condominium Association, so that these expenses will ulti-

mately be paid by the Co-owners as a part of their monthly assess-

ment fees. The drives and parking areas are asphalt and will
~.~
.

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 require some routine maintenance, although it is impossible to

estimate just how much maintenance may be required in any given

year as their life expectancy will vary depending upon the degree

of maintenance, type of use and weather conditions encountered.

The condominium premises will also be subject to a number of

easements. The Master Deed describes certain reciprocal easements

granted to Co-owners and to the Association. There are various

easements relating to drainage and utilities which will be

described in each title insurance commitment and ,title insurance

policy furnished to buyers.

Until development of the land described in the Master Deed has

been completed, the Developer has reserved the right to unrestric-

ted use of all roads, driveways and walkways of the Condominium,

and easements to utilize, tap and tie into, extend and enlarge all

utility mains located on Association property without any charge

or fees except for the reasonable cost to the Association of work

performed, utilities consumed a~d maintenance necessitated as a

direct result of the Developer's use.

REAL ESTATE TAXES

Real property taxes on the condominium units are assessed by

the Township of Cannon, the County of Kent and the Rockford School

District. Under Michigan law, such taxes are required to be

assessed on the basis of fifty percent of true cash value.

Except for the year in which the Project is established (or the

year in which an amendment expanding the Project is recorded), real

property taxes and assessments are levied individually against each

unit in the Project. These separate taxes and assessments cover

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 both the unit and its proportionate share of the common elements.

No taxes or assessments are levied independently against the common

elements, either general or limited.

In the year in which the project is established or in which an

expansion amendment is ~ecorded, however, the taxes and assess-

ments for all new units added to the project are billed to the

Association and must be paid by the owners of such units in

proportion to the percentages of value assigned to the unit or

units owned by them. The Developer will also contribute to the

payment of such taxes and assessments its share for the units which

it owns at the time the taxes fall due.

It is impossible to determine with any degree of accuracy at

this date the amount of real property taxes and/or assessments

which will fall due in subsequent years, since those taxes are a

function of both property values and tax rates which may either

rise or fall in response to inflation levels and community needs.

RECREATIONAL FACILITIES

The Developer does not plan to construct any recreational

facilities as a part of the Project.

LEGAL M..A TTERS

There are no pending proceedings, either legal or administra-

tive, which involve either the Condominium Project or the Devel-

oper and its partners in their capacity as such, and the Developer

has no knowledge as to any such proceedings which have been

threatened in the future.

Messrs. Varnum, Riddering, Schmidt & Howlett, 800 Prime Bank

Building, 171 Monroe Avenue, N.W., Grand Rapids, Michigan, have

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 served as legal counsel in connection with the preparation of this

Disclosure statement and other Condominium Documents. Legal

counsel has not passed upon the accuracy of the factual matters

contained in such documents.

THE MATTERS DISCUSSED IN THIS DISCLOSURE STATEMENT ARE INTENDED

TO HIGHLIGHT ONLY A FEW OF THE MORE IMPORTANT FACTS RELATING TO THE

PROJECT. BUYERS ARE URGED TO READ ALL CONDOMINIUM DOCUMENTS

CAREFULLY AND TO ENGAGE A LAWYER OR OTHER ADVISOR IN CONNECTION

WITH ANY DECISION TO PURCHASE A UNIT IN THE PROJECT.

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MASTER DEED //0 ..

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: 1J.)
BELLA VISTA BAY CONDOMINIUMS

(Act ~9, Public Acts of 1978)

as amended

Kent County Condominium Subdivision Plan No. /85

(1) Master Deed establishing Bella vista Bay

Condominilli~s,a Condominium Project.

(2) Exhibit A to Master Deed: Condominilli~By-

Laws of Bella vista Bay Condominiums.

(3 ) Exhibit B to Master Deed: Condominium

Subdivision Plan for Bella Vista Bay
Condominiums.

(4) Exhibit C-l & C-2 to Master Deed:

Mortgagee1s Consents to Submiss ion to
Condominium Ownership.

(5.) Exhibit DO.to Master Deed: Affidavit of

Mailing as to Notices required by section
71 of the Michigan Condominium Act.

No interest in real estate being conveyed hereby I no revenue

stamps are required.
 MASTER DEED

BELLA VISTA BAY CONDOMINIUMS

(Act 59, Public Acts of 1978)

as amended

This Master Deed is" made and executed on this ;:6

-qj day of
January, 1990, by Bella vista Bay Limited Partnership, a Michigan
limited partnership (the "Developerll), whose principal office is
situated at 6202 Three Mile Road, N.E., Ada, Michigan, represented
herein by its sale general partner, who is fully empowered and
qualified to act on behalf of limited partnership.

wrtLREAS, the Developer is engaged in the development by con-

version of an Expandable Condominium Projec~ to be ~!ow~ as Bella
Vista Bay Condominiums (the "Project"), pursuant to architectural
plans approved by the Township of Cannon, Kent County, Michigan on
a parcel of land described in Article II hereof; and

wrtEREAS, the Developer desires, by recording this Master Deed

together with the Condominium By-laws attached hereto as E~~ibit
"A" and the Condominium Subdivision Plan attached as Exh i b i.t; "B"
(both of which are hereby incorporated by reference and made a
part hereof), to establish said real property, together with the
improvements located and to be located thereon and the appurte-
nances thereto, as a"condominium project under the provisions of
the Michigan Condominium Act, as amended (the ".~ct");

NOW, THEREFORE, the Developer does, upon the recording hereof,

establish Bella Vista Bay Condominiums as a Condominium Proj ect
under the Act and does declare that said Project shall, after such
establishment, be held, conveyed, hypothecated, encumbered,
leased, rented, occ~pied, improved, or in any other manner
utilized, subject to the provisions of the Act, and to the
covenants, conditions, restrictions, uses, limitations, and affir-
mative obligations set forth in this Master Deed, 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 to any
persons acquiring or owning an interest in said real property,
their grantees, successors, heirs, executors, administrators and
assigns. In furtherance of the establishment of said Project, it
is provided as follows:

I
 Commencing at the Southeast corner of Lot IS, Bella Vista
Gardens No.1; thence N89°46'E 466.13 feet along the South
line of said North 1/2, SW 1/4 to the Point of Beginning;
thence N89°46'E 163.87 feet; thence Nll°21'W 350.44 feet;
thence S72°27'W 194.29 feet along the South line of Bella
vista Drive (66.00 feet wide); thence S17°33'E 299.61 feet
to the Point of Beginning.

B. The land which may be added to the Project, in whole or

in part, pursuant to election of the Developer at a future date or
dates as set forth in Article I hereof, is described as follows:

That part of the North 1/2 of the SW 1/4, section 9, T8N,

RIOW, Cannon Township, Kent County, Michigan, described as:
Commencing at the SE corner of Lot IS, Bella Vista Gardens
No.1; thence N89°46'E 630.00 feet along the South line of
said North 1/2, SW 1/4 to the Point of Beginning; thence
N11°21'W 350.44 feet; thence S72°27'W 23.99 feet; thence
N17°33'W 66.00 feet; thence S72°27'W 48.73 feet (the
previous 2 courses being along the Northeasterly boundary
of Bella Vista Drive, a public right of way recorded in
Liner 2436 Page 198) ; thence N07°33 'W 598.48 feet along the
East line of Bella Vista Cove Condominiums; thence
N89°35'10"E 252.22 feet along the South line of East Bella
Vista Shores No.1; thence S42°15'W 81.89 feet; thence
S02°45'E 112.40 feet; thence S47°45'E 83.00 feet; thence
N87°15'E 83.00 feet; thence N42°15'E 83.00 feet; thence
N02°45'W 112.40 feet; thence N47°45'W 76.80 feet; thence
N89°35'10"E 509.46 feet along the aforesaid South line of
East Bella Vista Shores No.1; thence SOO'16'50"E 981.52
feet along the East line of said SW 1/4; thence S89'46'W
617.88 feet along the South line of said North 1/2, SW 1/4
to the point of begi-nning. -Subject to a right of way for
highway purposes over the East 60.00 feet thereof.
Containing 16.02 acres more or less.

ALSO, that part of the North 1/2, S'rl1/4, Section 9, TSN,

R10W, Cannon Township, Kent County, Michigan, desc::-ibedas:
Beginning at the SE corner of Lot 15, Bella Vis~a Gardens
No.1; thence NS9'46'E 466.13 feet; thence N17°33'W 299.61
feet; thence S72°27'W 445.00 feet along the South line of
Bella vista Drive (66.00 feet wide); thence S17°33'E 160.87
feet along the East line of said Lot 15 to the point of
beginning. Containing 2.35 acres more or less .

.a...RTICLE
III

DEFINITIONS

Certain terms are utilized not only in this Master Deed but
are or may be used in various other instruments such as, by way of
example and not limitation, the Articles of Incorporation, Associa-
tion By-laws and Rules and Regulations of the Bella Vista Bay

-3-

I
 ARTICLE I

NATURE OF PROJECT

The Project is a residential development which is being con-

verted to condominium ownership pursuant to the provisions of the
Act. The Project may be expanded by an amendment or series of
successive amendments to the Master Deed, each adding land to the
Proj ect as then constituted so as to comprise a maximum of 72
residential living units; although the Developer is not obligated
to expand the Proj ect beyond the segment established by this
Master Deed on land described in Article II(A). The Developer and
its successors specifically reserve the right to elect, on or
before the expiration of six years after the recording of a Master
Deed for Phase I of the Project, to add to the Project all or any
portion of the lands described in Article II (B) hereof (as t~e
same may be amended), without the consent of any Co-owner, mort-
gagee or other person. o+ae.r than as set forth herein, no
restrictions or limitations on such election exist as t.o . the
portion or portions of land which may be added, the time or order
of such additions, the types of condominium units which may be
createc., the nature or location of any improvements, or the
creation and assignment of limited commen elements thereon. All
added lands shall be dedicated exclusively to residential ~se and
all structures located thereon shall be architecturally compat-
ible, in the reasonable judgment of the Developer or its archi-
tect, with the structures on the land included in this original
Master Deed. At the conclusion of any such expansion, a Consoli-
dating Master Deed shall be prepared and recorded by the Developer
in accordance with the provisions of the Ac~.

The 12 Condominium units which comprise the first phase of t~e

Proj ect, including the -number , -boundaries, c.i.meris i cns and area
thereof, are set forth completely in the Condominium Subdivision
Plan, and each such unit is capable of individual utilization by
reason of having its own entrance from and exit to a common
element of the Project. Each Co-owner in the Project shall have
a partiCUlar and exclusive property right to his unit and to the
1imited common elements appurtenant thereto, and shall have an
undivided and inseparable right to share with other Co-owners the
general common elements of the proj ect as designated by this
Master Deed.

ARTICLE II

LEGAL DESCRTPTTON

A. The land on which Phase I of the Project is situated, and

which is hereby submitted to condominium ownership pursuant to the
provisions of the Act, is described as follows:

That part of the North 1/2 of the SW 1/4, Section 9, T8N,

R10W, Cannon Township, Kent County, Michigan, described as:

-2-

I
 Condominium Association, a Michigan non-profit corporation, and
deeds, mortgages, liens, land contracts, easements and other
instruments affecting the establishment of, or transfer of,
interests in the Project. As used in such documents, unless the
context other~ise requires:

(a) "Actll or IICondominium Act" means Act 59 of t.he

Public Acts of 1978, as amended.

(b) II
Arbitration Association" means the American
Arbitration Association or its successor.

(c) "Association of Co-owners" or "Association" means

the non-profit corporation organized under the laws of
Michigan of which all Co-owners shall be members, which
corporation shall administer, operate, manage and maint.ain
the Proiect. Any action reauired of or Demitted to the
Association shali be exercisable by its Bdard of Directors
unless specifically reserved to its members by the
Condominium Dccuments or t.helaws of the state of Michigan.

(d) "Asscc i at i cn By-laws" means the c:::rpcrateBv-

laws of the Associat.ion organized to manage, mai~~ain and
a~~inister the Project.

mod i f i ca-:
(e) "COIW110nElements", where used ;.j':'C:.'10u~
tion, means the port.ions of the Proj e ct; ot.her than t.he
condominium unit.s, including all general and limited common
elements described in Article IV hereof.

(f) "Condominium By-laws" means Exhibit "A" hereto,

being the By-laws setting forth the substantive rights and
obligations of the Co-owners, which fo~ a part of this
recorded instrument..

(g) "Corid om.i

n Lum Documents" means and includes t:llS
Master Deed anc. all exhibit.s thereto recorded pursuant t.o
the Act, and any other inst.rument referred to herein which
affects the right.s and obligations of a Co-owner in t.he
Condominium.

(h) "Condom i ni.umSubdivision Plan" means Ex..'libit

"BII
hereto, being the site, survey and other drawings depicting
the existing and proposed structures and improvements,
including the location thereof on the land, which form a
part of this recorded instrument.

(i) IICondominium Unit" or "Unit" means that portion

of the Project designed and intended for separate owner-
ship and use, as described in this Master Deed.

(j) "Co-owner" means the person, firm, corporation,

partnership, association, trust or other legal entity or

-4-

I
 '5~!,:271;2 ~1277
any combination thereof who or which own a Condominium unit
in the Project, including the vendee of any land contract
of purchase who is not in default thereunder. The term
"Owner," wherever used, shall be synonymous wi t.h t:'1et srm
"Co-owner."

(k) "Developer" means Bella vista Bay Limited

Partnership, a Michigan limited partnership, which has made
and executed this Master Deed, its successors and assigns.

(1) "General Common Elements" means those common

elements of the Project described in Article 1V(A) hereof
which are for the use and enj oyment of all Co-owners,
subject to such Charges as may be assessed to defray the
cost of operation thereof.

(m) "Limited Common Elements" means those common

elements of the Project described in Article 1V(3) hereof
which are reserved for the exclusive use of the Co-owners
of a specifie~ unit or Units.

(n) "Master Deed" means this instrument, together

with the exn~Dl"t:s attached hereto and all ame~dments
thereof, by which the Project is su~nitted to condcminium
ownership.

(0) "Percentage of Value" means the percentage

assigned to each Unit by tnls Master Deed, wnlcn is
determinative of the value of a Co-owner's vote at meet-
ings of the Association when voting by value or by number
and value, and the proportionate share of each Co-owner in
the co~~on elements 9f the P~oject.

(p) "Project" or "Condominium" means Bella vista Bay

Condominiums, a condom i ni.um development establishec in
conformity with the provisions of the Act.

Whenever any reference herein is made to one gender, the same

shall include a reference to any and all genders where the same
would be appropriate i similarly, whenever a reference is mace
herein to the singular, a reference shall also be include~ to the
plural where the same would be appropriate.

A..P"T1
CLE IV

COMMON ELEI1ENTS

The Common Elements of the Project as depicted in Exbibit "B,"

and the respective responsibilities for maintenance, repair and
replacement thereof are as follows:

-5-

I
 A. The General Common Elements are:

(1) The land described in Article II (A) hereof,

includinc easement interests of the Condominium in the land
provided to it for ingress and egress;

(2) The private drive, walkways, law-ns,yards, trees,

shrubs and other plantings;

(3) The exterior lighting system, and the electrical,

telephone and/or cable television w i r i.nq networks
throughout the common areas of the Project, including those
contained within common walls, floors and ceilings;

(4) The p lumb i.nqand gas line networks throughout the

common areas of the Proj ect, including those contained
within common walls, floors and ceilings;

(5 ) The heating and/ or a.i r+cond i tioning duc t.works and

conduits throughout the common areas of the P:::-oj ect,
including thcse contained w i thin common walls, floors and
ceilings;

(6) The water distribution system, underground

sprinkling system, sanitary sewe r system and stor:ndrainage
system serving the Project;

(7) The foundations, roofs, perimeter wa l Ls and other

walls as shown on Exhibit B, ceilings and floors (including
doors and chimneys therein), entrances and exits of the
Project;

(8) The corn..uon

attic spaces, and the por"':ionsof any
carport or parking area not o t.herw i se designated as a
Limi ted Common Element on the Ccndominium subd i vis ion Plan;
and

(9) All other Common Elements of the Proj ect not

herein designated as Limited Common Elements which are not
enclosed within the boundaries of a Condominium Unit, and
which are intended for common use or are necessary to the
existence, upkeep or safety of the Project.

Some or all of the utility and/or cable television lines I

systems (including mains and service leads) and equipment may be

owned by the local public authority or by a utility or cable tele-
vision company that is providing the pertinent service. Accord-
inglyI such utility and/or cable television lines, systems and
equipment shall be General Common Elements only to the extent of
the Co-owners' interest therein, if any, and Developer makes nc
warranty whatsoever w i th respect to the nature or extent of such
interest.

-6-
 B. The Limited Common Elements are:

(1) The pipes, ducts, wiring and conduits located

entirely within a Condominium Unit and servicing only such
Unit;

(2) The deck or patio and the utility room

appurtenant to each Unit in the Project;

(3) The separate furnace, water heater, air

conditioner and/or compressor located within or aaJacent
to a Unit and serving only such Unit or a cluster of units
exclusively;

(4) The windows, sliders and/or screens located

within or adjacent to any Unit perimeter wall;

(5) The laundrj room and coin operated washing and

drying equipment serving each cluster of six units:

(6) CarFort interior spaces, and the interior

surfaces of carport walls, ceilings and floors; and

(7) The interior surfaces of perimeter walls, doors,

ceilings and floors contained within a Condomini~m Unit.

Each stoop, errc r-y and interior st ai rway in the Proj ect shall 1::e
limited in use to the group of units which are ser/iced by s~ch
Common Elements.

In the event no spec i r i c assignments of the Limited Commo n

Elements described herein have been made in the Condominium Sub-
division Plan, the Devel-oper reserves the right to designate each
such space as a Limited Common Element appur~enant to a partic~lar
Unit by subsequent amendment or amendments to this Master Deed.
The Co-owners and mortgagees of Condominium Units and all 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, and hereby irrevocably
appoint the Developer or its successor(s) as agent and attorney for
the purpose of executing any such amendment or ameniliuentsto the
Master Deed.

C. Responsibility for the cleaning, decoration, maintenance,

repair and replacement of the common elements will 1::eas follows:

(1) The costs of maintenance, repair and replacement

of the limited common elements described in Article
IV .B (1), IV .B (3), IV.B (4) IV. B (5), IV. B (6) and IV. B (7) ,
I

and the routine cleaning, sweeping and snow shoveling (but

not repair and replacement) of the limited common elements
described in Article IV.B(2) shall be borne by the Co-

-7-

I
 owner of the unit or units to which such common elements
are appurtenant. Co-owners of each six-unit cluster served
by the stoop, entry and interior stairway at their end of
the building shall also be responsible the cleaning,
painting and carpet replacement (but not the st::-uctural
repair or replacement) of such limited common elements.

(2) The appearance of the decks, patios and stoops

shall at all times be SUD] ect to the approval of the
Association. !n the event that cleaning and decoration of
such common elements by the Co-owner shall not conform to
reasonable aesthetic and maintenance standards established
by the Association, the Association shall have the right
to take such action as may be necessary to bring said
elements up to required standards and to charge the cost
thereof to the owner responsible for cleaning, decoration
and interior maintenance.

(3) The costs of cleaning, decoration, main~enance,

repair and replacement of all general and limited common
elements other than as described above shall be borne by
the Association, except to the extent of repai::-or replace-
ment due to the act or neglect of a Co-owner or his agent,
invitee, family ~ember or pet.

(4) If any unit owner sha~l elect to construct or

install any i~provements to the interior of his Unit or,
with the prior wr:tten consent of the Association, to the
common elements appurtenant to his Unit which increase the
costs of maintenance, repair or replacement for which the
Association is responsible, such increased costs or
expenses, at t.he option of the As scc i at i on , may be
specially assessed against such unit or Units.

D. A Limited Common Element may be assigned or re-assigned,

upon notice to any affected mortgagee, by writ.ten application to
the Board of Directors of the Association by all Co-owners whcse
in~erest will be affected thereby. upon receipt of such applica-
tion, the Board shall promptly prepare or cause to be prepared and
executed an amendment to this Master Deed assigning and/or
reassigning all rights and obligations with respect to t.he Limited
Common Elements involved, and shall de Li.ve r such amendment to the
Co-owners of the Unit.s affected upon payment by them of a2.l
reasonable costs for the preparation and recording thereof.

E. Except as set forth herein, Condominium Units shall not

be separable from the Common Elements appurtenant thereto, and
shall not be used in any manner inconsistent with the purposes of
the Project or in any other way which will interfere with or impair
the rights of any other Co-owner in the use and enjoyment of his
unit or the Cornman Elements appurtenant thereto.

-8-
 _.
I_"''l-~')
••••••.
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"'-"
i\RTICLE V

DESCRIPTION AND PERCENTAGE OF VALUE

A. A complete desc~iption of each Condominium Unit in the

Project, with elevations therein referenced to an official bench-
mark of the United States Geological Survey sufficient to relocate
accurately the space enclosed by the desc~iption without reference
to the structure itself, is set forth in the Condominium Subdivi-
sion Plan as surveyed by Medema VanKooten & Associates, Inc. I

consulting engineers and surveyors. Detailed architectural plans

and specifications have been filed with the Township of Cannon,
Kent County I Michigan. Each Unit shall include all that space
contained within certain horizontal planes and vertical planes
designated by a heavy outline on the interior finished surface of
the walls, floors and ceilings as depicted in the Condominium
Subdivision Plan and as delineated by detailed dimensional desc~ip-
tions of the same contained by said outline, less any common
Elements contained therein. In dete~ining dimensions, each
Condominium unit shall be measured from the interior r .i n i shed
unpainted surfaces of the walls and ceilings and from the interior
surfaces of the finished subfloor.

B. The total value of the Project is 100, and the percentage

thereof assigned to each Condominium unit shall be as set forth in
Paraq raph C of this Article. Said Percentage of Value has been
determined under a formula by which a weight of 95% is assigned to
the sales price of the Unit as adjusted by inflation and 5% to
ather factors including square foot size, location and allocable
expenses of maintenance. Except as ot.herw i se provided in this
Master Deed, such Percentage of Value shall be changed only in the
manner nrovided by Article VII expressed in an amendment to the
Master ~Deed, duly executed and -recorded; provided, that Lhe
Developer reserves the exclusive right to adjust such peroentages
pro-rata by application of the fo~ula set forth above as subse-
quent phases are added by amendment without the consent of any Co-
owner, mortgagee or other interested person.

C. The number of each Condominium unlL in the Project as ~L

annears on the Condominium Subdivision ?lan and the Percentage of
Value assigned to each such Unit are as follows:

Percentage Percentage Percentage

of Value of Value of Value
Unit No. Assianed unit No. Assianed Unit No. F.ssianed

Buildina No.1 Buildina No. Buildina No.

1 8.33 5 8.93 9 7.89

2 8.18 6 8.63 10 8.04
3 8.04 7 8.18 11 8.63
4 7.89 8 8.33 12 8.93

-9-
 D. The number, size, style and/or location of units or of
any Limited Common Element appurtenant to a Unit as desc=ibed in
Exhibit B hereof may be modified from time to time, in Developer's
sole discretion, by amendment effected solely by the Developer or
its successors without the consent of any Co-cw~er, mortgagee or
other person, so long as such modifications do not unreasonably
impair or diminish the appearance of the Project or the view,
privacy or other significant attribute or amenity of any Unit which
adj oins or is proximate. to the modified Unit or Limited Common
Element; provided, that no Unit which has been sold or is subject
to a binding Purchase Agreement shall be modified without the
consent of the Co-owner or Purchaser and Mortgagee thereof. The
Developer may also, in connection with any such amendment, readjust
Percentages of Value for all Units in a manner which gives reason-
able recognition to such modifications based upon the method of
original determination of Percentages of Value for the Project.
No Unit modified in accordance with this paragraph shall be
conveyed, however, until an amendment to the Master Deed duly
reflecting all material changes has been recorded. All Co-owners,
mortgagees of Units and other persons interested or to become
interested in the Project from time to time shall be deemed to have
unanimously consented to any amendment or amendments necessary to
effectuate the foregoing and, subject to the limitations set forth
herein, the proportionate reallocation of percentages of value of
existing Units which Developer or its successors may dete~ine to
be necessary in conjunction therewith. All such interested persons
irrevocably appoint Developer and its successors as agent and
attorney for the purpose of executing such amendments to the Master
Deed and all other Condominilli~ Documents as may be necessarj to
effectuate the foregoing.

ARTICLE VI

EASEME~TS
Every portion of a Condominium Unit which contributes to the
str~ctural support of a building shall be burdened with an ease-
ment of structural support for the benefit of the Cammon Elements.
In the event that any portion of a unit or Common Element
encroaches upon another Unit or Common Element due to the shifting,
settling or moving of a building, or due to survey errors or
construction deviations, reciprocal easements shall exist for the
maintenance of such encroachment for so long as such encroachment
exists, and for the maintenance thereof after rebuilding in the
event of destruction. There shall also be permanent easements in
favor of the Association for the maintenance and repair of Common
Elements for which the Association may from time to time be
responsible, and there shall be easements to, through and over
those portions of the land, structures, buildings, improvements and
walls (including interior Unit walls) as may be reasonable for the
installation, maintenance and repair of 'all utility services fur-
nished to the Project. Public utilities shall have access to the
Common Elements and to the Units at such times as may be reason-

-10-

I
 able for the installation, repair or maintenance of such services,
and any costs incurred in opening and repairing any wall of the
Project to install, repair or maintain such ser~ices shall be an
expense of administration assessed against all Co-owners in accor-
dance with the Condominium By-laws.

until final completion of the Project as described in Article

I of this Master Deed or of any other project developed by the
Developer or its successors on the property described in Article
II (B) hereof, the Developer reserves non-exclusive easements for
the benefit of itself, its successors and assigns which may be
utilized at any time or times without the payment of any fee or
charge whatsoever other than the reasonable cost of work performed,
utilities consumed and/or maintenance required as a direct result
of such use:

(a) for the unrestricted use of all roads, drive-

ways and wal~~ays in the Condominium for the purpose of
ingress and egress to and from all or any portion of the
1 anc. d eSCr.1Dea.1n
.i ',.' A~'
.. 1
:-•... -T(B)
.1c_e.l._ ; ana.

(b) to utilize, tap, tie into, extend and/or

enlarge all utility lines and mains, public and private,
located on the land described in A:-~icle II(A).

So long as the Develooer owns one or more of the units in the

Project, it shall be subje~t to the provisions of this Master Deed
- and of the Act.

A...."RTICLE
VII

~~~~DMENT AND TEP~I~ATION

A. If there is no Co-owner other than the Developer, the

Developer may unilaterally amend the Condominium Documents or, with
the consent of any interes~ed mortgagee, unilaterally ter:ninate the
Project. All documents reflecting such amendment or ter:nination
shall be recorded in the public records of Kent County, ~ichigan.

B. If there is a Co-owner other than the Developer, the

recordable Condominium Documents may be amended for a proper
purpose only as follows:

(1) The amendment may be made without the consent

of any Co-owner or mortgagee if the amendment does not
materially alter or change the rights of any Co-owner or
mortgagee of a unit in the Project, including, but not
limited to, amendments to modify the types and sizes of
unsold condominium units and their appurtenant Limited
Common Elements, amendments for the purpose of facilitat-
ing conventional mortgage loan financing for existing or
prospective Co-owners, and enabling the purchase of such
mortgage loans by the Federal Home Loan Mortgage Corpora-

-11-

I
 tion, the Federal National Mortgage Association, the
Government National Mortgage As soc i a t i on and/or any other
agency of the federal government or the state of
Michigan.

(2) The amendment may be made, even if it will

materially alter or change the rights of the Co-owners
or mortgagees, with the consent of not less than two-
thirds of the Co-owners and mortgagees; provided, that
a Co-owner's Unit dimensions or Limited Common Elements
may not be modified without his consent, nor may the
formula used to determine percentages of value for Phase
I of the Project or provisions relating to the ability
or terms under which a Unit may be rented be modified
without the consent of the Developer and each affected
Co-owner and mortgagee. Rights reser'J'edby the Developer
herein, including without limitation rights to amend for
purposes of expansion and/or modification of units, shall
not be amended without the written consent of the
Developer so long as the Developer or its successcrs
continue to owu or to offer for sale any Unit in the
Proj ect. For pur'pcse s- of this sub-section, a mortgac;ee
shall have one vote for each mortgage held.

(3) A material amendment may also be made

unilaterally by the Developer without the consent of any
Co-owner or mortgagee for the specific purpose(s)
reserved by the Developer in this Master Deed. Until the
sale of all Units described in Article I hereof, such
rights reser-led to the Developer may not be further
amended except by or with the written consent of t ae
Developer, its sucoe ssors or assigns.

(4) A person causing or requesting an amendment to

the Condominium Documents shall be responsible for costs
and expenses of the amendment, except for amendments
based upon a vote of the prescribed majority of Cc-
owners and mortgac;ees or based upon the Advisory
Committee's decision, the costs of which are expenses of
administration. The Co-owners and mortgagees of record
shall be notified of proposed amendments under this
section not less than 10 days before the amendment is
recorded.

C. If there is a Co-owner other than the Developer, the

Project may be terminated only with consent of the Developer and
not less than 80% of the Co-owners and mortgagees, as follows:

(l) Agreement of the required number of Co-owners

and mortgagees to termination of the Project shall be
evidenced by their execution of the termination agreement
or of ratifications thereof, and the termination shall

-12-

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 USE~2712 ~1285
become effective only when the agreement is so evidenced
of record.

(2) Upon recordation of an instrument terminating

the Project, the property constituting the condominium
shall be owned by the Co-owners as tenants in common in
proportion to their respective undivided interests in the
common elements immediately before recordation. As long
as the tenancy in common lasts, each Co-owner or the
heirs, successors,' or assigns thereof shall have an
exclusive right of occupancy of that portion of the prop-
erty which formerly constituted the Condominium Unit.

(3) Upon recordation of an instrument terminating

the Project, any rights the Co-owners may have to the
assets of the Association shall be in proportion to their
respective undivided interests in the common elements
immediately before recordation, except that 'common prof-
its shall be distributed in accordance with the Con-
dominium Documents and the Act.

(4) Notification of termination by first class mail

shall be made to all parties interested in the Project,
inclUding escrow agents, land contract vendors, credi-
tors, lien holders, and prospective purchasers who

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---------

I
 deposited funds. Proof of dissolution must be submitted
to the administrator.

IN WITNESS w"EEREOF, the Developer has duly executed this

Master Deed on the day and year first above written.

witnesses: BELLA VISTA BAY LIMITED PARTNERSHIP

Therese A. Cotter
ByDa:JL ~Z_
Daniel L. Carter, General Partner

Heather M. Hamllton

STATE OF MICHIG~~
ss.
COG'"NTYOF KENT )

On this 3(0+'1... day of January, 1990, before me, a Notary

Public in and for said county, appeared Daniel L. Carter, to me
personally known, Nho being by me duly sworn, did say that he is
the sole general partner of Bella Vista Bay Li~ited Partnership,
the limited partnership named in and which executed the within
instrument; that said instrument was signed and sealed in behalf
of said li~ited partnership by authority of its general partner;
and the said person further acknowledged said instrument to be the
free act and deed of sa~d limited partnership.

J~~~J~lo(~dsM=--->.",;;;
~
Notary Public, Kent County, Michigan
My commission expires: :v!2.'l 26 ( I 991

-14-

I
 EXHIBIT A

CONDOMINIUM BY-LAWS

BELLA VISTA BAY CONDOMINIUMS

ARTICLE I

CONDOMINIUM PROJECT

section 1. Organization. Bella vista Bay Condominiums, a

residential condominium project located in Cannon Township, Kent
County, Michigan (the "Proj ect ") shall be administered by an
Association of Co-owners which shall be a non-profit corporation
(the "Association"), organized under the applicable laws of the
State of Michigan, and responsible for the management, maintenance,
operation and administration of the common elements, easements and
affairs of the Project.

section 2. Comnliance. All present and future Co-owners,

mortgagees, lessees or other persons who may use the facilities of
the Condominium in any manner shall be subject to and comply with
the provisions of Act No. 59, P.A. 1978, as amended (the "Act"),
the Master Deed and all amendments thereto, and the Articles of
Incorporation, Association By-Laws, and other Condominium Docu-
ments which pertain to the use and operation of the Condominiu~
property, current copies of which shall be kept by the Association
and made available for inspection at reasonable hours to Co-
owners, prospective purchasers and prospective mortgagees of units
in the Proj ect; provided', that in the event of a conflict between
the provisions of the Act and any other Condominium Documents
referred to herein, the provisions of the Act shall govern. The
acceptance of a deed of conveyance, the entering into of a lease
or the act of occupancy of a Condominium Unit in the Project shall
( constitute an acceptance of the provisions of these instruments and
" an agreement to comply therewith.

ARTICLE II

MEMBERSHIP AND VOTING

section 1. Membership. Each Co-owner of a Unit in the

Project, present and future, shall be a member of the Association
and no other person or entity shall be entitled to membership.
The share of a member in the funds and assets of the Association
may be assigned, pledged or transferred only as an appurtenance to
his Condominium Unit.

section 2. Votina Riahts. Except as limited in the Master

Deed and in these By-Laws, each Co-owner 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 assigned
to the Unit or Units owned by him as set forth in the Master Deed,
when voting by value. Voting shall be by number, except in those
instances where voting is specifically required to be in both value
and in number, and no cumulation of votes shall be permitted.

section 3. Members Entitled to Vote. No Co-owner, other than

the Developer, shall be entitled to vote at any meeting of the
Association until he ha~ presented written evidence of ownership
of a Condominium Unit in the Project, nor shall he be entitled to
vote (except for elections held pursuant to Article III, section
4 hereof) prior to the Initial Meeting of Members. The Developer
shall be entitled to vote only those Units to which it still holds
title and for which it is paying the monthly assessment then in
effect at the date on which the vote is cast.

The person entitled to cast the vote for the Unit and to
receive all notices and other communications from the Association
may be designated by a certificate signed by all the record owners
of the Unit and filed with the Secretary of the Association. Such
certificate shall state the name and address of the individual
representative designated, the number or numbers of the Unit or
Units owned, and the name and address of the person or persons,
firm, corporation, partnership, association, trust or other legal
entity who is the Co-owner thereof. All certificates shall be
valid until revoked, until superseded by a subsequent certificate
or until a change in the ownership of the unit concerned.

Section 4. Proxies. votes may be cast in person or by proxy.

Proxies may be made by any person entitled to vote. They shall be
valid only for the particular meeting designated and any adjourn-
ment thereof, and must _be filed with the Association before the
appointed time of the meeting.

section 5. Majority. At any meeting of members at which a

quorum is present, 51% of the Co-owners entitled to vote and
present in person or by proxy shall constitute a majority for the
approval of the matters presented to the meeting, except as
otherwise required herein, by the Master Deed or by law.

ARTICLE III

MEETINGS AND QUORUM

section 1. Initial Meetino of Members. The initial meeting

of the members of the Association may be convened only by the
Developer and may be called at any time after 50% or more of the
Units in Phase I of the Project have been sold and the purchasers
thereof qualified as members of the Association. In no event,
however, shall such meeting be called later than 120 days after
the conveyance of legal or equitable title to non-developer Co-
owners of 75% of the total number of Units that may be created or
54 months after the first conveyance of legal or equitable title

-2-
to a non-developer Co-owner of a Unit in the Project, whichever
first occurs, at which meeting the eligible Co-owners may vote for
the election of directors of the Association. The Developer may
call meetings of members of the Association for informational or
other appropriate purposes prior to such initial meeting, but no
such informational meeting shall be construed as the initial
meeting of members.

Section 2. Annual Meeting of Members. Thereafter, an annual

meeting of the members shall be held in each year at the time and
place specified in the Association By-Laws. At least 10 days prior
to the date of an annual meeting, written notice of the time, place
and purpose of such meeting shall be mailed or delivered to each
member entitled to vote at the meeting; provided, that not less
than 20 days written notice shall be provided to each member of any
proposed amendment to these By-Laws or to other Condominium
Documents.

section 3. Advisory Committee. Not later than 120 days after

conveyance of legal or equitable title to non-developer Co-owners
of one-third of the Units that may be created, or one year after
the initial conveyance of legal or equitable title to a non-
developer Co-owner of a Unit in the Project, whichever first
occurs, three persons shall be selected by the Developer from among
the non-developer Co-owners to serve as an Advisory Committee to
the Board of Directors. The purpose of the Advisory conunittee
shall be to facilitate communication between the Board of Directors
and the non-developer Co-owners and to aid in the ultimate
transition of control to the Association. The members of the
Advisory Committee shall serve for one (1) year, or until their
successors are selected, and the Advisory Committee shall auto-
matically cease to exist at the Transitional Control Date. The
Board of Directors and tfie Advisory Committee shall meet with each
other at such times as may be requested by the Advisory Committee;
provided, however, that there shall be not more than two such
meetings each year unless both parties agree.

Section 4. Comoosi tion of Board. Not later than 120 days

after conveyance of legal or equitable title to non-developer Co-
owners of 25% of the Units that may be created, at least 1 Director
and not less than one-fourth of the Board of Directors of the
Association shall be elected by non-developer Co-owners. Not later
than 120 days after conveyance of legal or equitable title to non-
developer Co-owners of 50% of the Units that may be created, not
less than one-third of the Board of Directors shall be elected by
non-developer Co-owners. Not later than 120 days after conveyance
of legal or equitable title to non-developer Co-owners of 75% of
the units that may be created, and before conveyance of 90% of such
Units, the non-developer Co-owners shall elect all Directors on the
Board except that the Developer shall have the right to designate
at least one Director as long as the Developer owns and offers for
sale at least 10% of the Units in the Project or as long as 10% of
the Units remain that may be created.

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 USE~2712 pc1280
Notwithstanding the formula provided above, 54 months after
the first conveyance of legal or equitable title to a non-developer
Co-owner of a Unit in the Project, if title to not less than 75%
of the Units that may be created has not been conveyed, the non-
developer Co-owners shall have the right to elect a number of
members of the Board of Directors of the Association equal to the
percentage of units they hold, and the Developer has the right to
elect a number of members of the Board equal to the percentage of
Units which are owned by the Developer and for which assessments
are payable by the Developer. This election may increase, but
shall not reduce, the minimum election and designation rights
otherwise established herein. Application of this provision does
not require a change in the size of the Board as set forth in the
corporate by-laws.

If the calculation of the percentage of members of the Board

that the non-developer Co-owners have a right tO,elect hereunder,
or if the product of the number of members of the Board multiplied
by the percentage of Units held by the non-developer Co-owners
resul ts in a right of non-developer Co-owners to elect a frac-
tional number of members of the Board, then a fractional election
right of 0.5 or greater shall be rounded up to the nearest whole
number, which number shall be the number of members of the Board
that the non-developer Co-owners shall have the right to elect.
After application of this formula, the Developer shall have the
right to elect the remaining members of the Board. Application of
this provision shall not eliminate the right of the Developer to
designate at least one member as provided herein.

section 5. Quorum of Members. The presence in person or by

proxy of thirty-five (35%) percent of the Co-owners entitled to
vote shall constitute" a quorum of members. The written vote of any
person furnished at or prior to any duly called meeting at which
meeting said person is not otherwise present in person or by proxy
ahaLL be counted in determining the presence of a quorum with
respect to the question upon which the vote is cast.

ARTICLE IV

ADMINISTRATION

section 1. Board of Directors. The business, property and

affairs of the Association shall be managed and administered by a
Board of Directors to be elected in the manner set forth in the
Association By-Laws; provided, that the directors designated in
the Articles of Incorporation shall serve until such time as their
successors have been duly elected and qualified at the initial
meeting of members. All actions of the first Board of Directors
of the Association named in its Articles of Incorporation or any
successors thereto elected by the Developer before the initial
meeting of members shall be binding upon the Association in the
same manner as though such actions had been authorized by a Board

-4-
 of Directors duly elected by the members of the Association at the
ini tial meeting or at any subsequent meeting, so long as such
actions are within the scope of the powers and duties which may be
exercised by a Board of Directors as provided in the Condominium
Documents. A service contract or management contract entered into
between the Association and the Developer or affiliates of the
Developer shall be voidable by the Board of Directors on the
Transitional control Date or within ninety (90) days thereafter,
and on thirty (30) days notice at any time thereafter for cause.

section 2. Powers and Duties. The Board shall have all powers
and duties necessary for the administration of the affairs of the
Association. The powers and duties to be exercised by the Board
shall include, but shall not be limited to, the following:

(a) Care, upkeep and maintenance of the common

elements;

(b) Development of an annual budget, and the deter-

mination, assessment and collection of amounts required
for the operation and other affairs of the Condominium;

(c) Employment and dismissal of personnel as neces-

sary for the efficient management and operation of the
Condominium property;

~ (d) Adoption and amendment of rules and regulations

~covering the details of the use of Condominium property:

(e) Opening bank accounts, borrowing money and

issuing evidences of indebtedness in furtherance of the
purposes of the Condominium, and designating signatories
required therefor;

(f) Obtaining insurance for Condominium property,

the premiums of which shall be an expense of administra-
tion;

(g) Leasing or purchasing premises suitable for use

by a managing agent and/or custodial personnel, upon such
terms as the Board may approve;

(h) Granting concessions and licenses for the use of

portions of the common elements for purposes not inconsis-
tent with the provisions of the Act or of the Condominium
Documents;

(i) Authorizing the execution of contracts, deeds of

conveyance, easements and rights-of-way affecting any real
or personal property of the Condominium on behalf of the
Co-owners;

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I
 UBER2712 ?c1292
(j) Making repairs, additions and improvements to,
or alterations of, the Condominium property, and repairs
to and restoration of the property in accordance with the
other provisions of these By-Laws after damage or destruc-
tion by fire or other casualty, or as a result of condemna-
tion or eminent domain proceedings;

(k) Asserting, defending or settling claims on behalf

of all Co-owners in connection with the common elements of
the Proj ect and, upon written notice to all Co-owners, /
instituting actions on behalf of and against the Co-owners
in the name of the Association; and

(1) Such further duties as may be imposed by reso-

lution of the members of the Association or which may be
set forth in the Condominium Documents.

section 3. Books of Account. The Association. shall keep books

and records containing a detailed account of the expenditures and
receipts affecting the administration of the Condominium, which
shall specify the maintenance and repair expenses of the cornmon
elements and any other expenses incurred by or on behalf of the
Association and its Co-owners. Such accounts shall be open for
inspection by the Co-owners during reasonable working hours at a
place to be designated by the Association, and the Association
shall prepare therefrom, and distribute to all Co-owners at least
once per year, a financial statement, the contents of which shall
be defined by the Association. The books and records shall be
compiled annually and audited every fifth year by qualified
independent auditors, and the cost of such compilation or audit
shall be an expense of administration.

section:4. Mainten~nce and- Repair. All maintenance of and

repair to a Condominium unit, other than maintenance of and repair
to an~general cornmon element contained therein, shall be made by
the Co-owner of such Unit. Any Co-owner who desires to make
repairs to a common element or structural modifications to his Unit
must first obtain the written consent of the Association, and shall
be responsible for all damages to any other Units or to the common
elements resulting from such repairs or from his failure to effect
such maintenance and repairs.

All maintenance of and repair to the general common elements,

whether located inside or outside the Units, and to limited common
elements to the extent set forth in the Master Deed, shall be made
by the Association and be charged to all the Co-owners as a common
expense unless necessitated by the negligence, misuse or neglect
of a Co-owner, in which case such expense shall be charged to such
Co-owner. The Association or its agent shall have access to each
unit from time to time during reasonable working hours, upon notice
to the occupant thereof, for the purpose of maintenance, repair or
replacement of any of the common elements located therein or
accessible therefrom. The Association or its agents shall also

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 USEp.2712 ;:c1293
have access to each Unit at all times without notice for making
emergency repairs necessary to prevent damage to other Units, the
common elements or both.

section 5. Reserve Fund. The Association shall maintain a

reserve fund, to be used only for major repairs and replacement of
the common elements, as required by section 105 of the Act. Such
fund shall be established in the minimum amount hereinafter set
forth on or before the Transitional Control Date, and shall, to the
extent possible, be maintained at a level which is equal to or
greater than 10% of the then current annual budget of the Associa-
tion on a noncumulative basis. The minimum reserve standard
required by this Section may prove to be inadequate, and the Board
shall carefully analyze the Project from time to time in order to
determine if a greater amount should be set aside or if additional
reserve funds shall be established for other purposes.

Section 6. Mechanics Liens. A mechanics lien arising as a

result of work performed upon a Condominium Unit or limited common
element shall attach only to the Unit upon which the work was
performed, and a lien for work authorized by the Developer or
principal contractor shall attach only to Condominium units owned
by the Developer at the time of recording the statement of account
and lien. A mechanics lien for work authorized by the Association
shall attach to each Unit only to the proportionate extent that the
Co-owner of such Unit is required to contribute to the expenses of
administration. No mechanics lien shall arise or attach to a
Condominium Unit for work performed on the general common elements
not contracted by the Association or the Developer.

section 7. Managing Aaent. The Board may employ for the

Association a Management-company or Managing Agent at a compensa-
tion established by the Board to perform such duties and services
as the Board shall authorize, including, but not limited to, the
powers and duties listed in section 2 of this Article. The
Developer or any person or entity related thereto may serve as
Managing Agent if so appointed.

Section 8. Officers. The Association By-Laws shall provide

the designation, number, terms of office, qualifications, manner
of election, duties, removal and replacement of officers of the
Association and may contain any other provisions pertinent ..to
officers of the Association not inconsistent herewith. Officers
( may be compensated, but only upon the affirmative vote of more than
sixty (60%) per cent of all Co-owners.

section 9. Indemnification. All directors and officers of the

Association shall be entitled to indemnification against costs and
expenses incurred as a result of actions (other than wilful or
wanton misconduct or gross negligence) taken or failed to be taken
on behalf of the Association upon 10 days notice to all Co-owners,
in the manner and to the extent provided by the Association By-
Laws. In the event that no judicial determination as to indemni-

-7-
fication has been made, an opinion of independent counsel as to the
propriety of indemnification shall be obtained if a majority of Co-
owners vote to procure such an opinion.

ARTICLE V

ASSESSMENTS

Section 1. Administrative Expenses. The Association shall be

assessed as the entity' in possession of any tangible personal
property of the Condominium owned or possessed in common by the Co-
owners, and personal property taxes based thereon shall be treated
as expenses of administration. All costs incurred by the Associa-
tion in satisfaction of any liability arising within, caused by or
connected with the common elements or the administration of the
Project shall be expenses of administration, and all sums received
as proceeds of, or pursuant to any policy of insurance securing the
interests of the Co-owners against liabilities or losses arising
within, caused by or connected with the common elements or the
administration thereof shall be receipts of administration.

Section 2. Determination of Assessments. The Board shall from

time to time, and at least annually, adopt a budget for the
Condominium which shall include the estimated funds required to
defray common expenses for which the Association has responsibili-
ty for the next ensuing year, including a reasonable allowance for
contingencies and reserves, and shall allocate and assess such
common charges against all Co-owners according to their respective
common interests on a monthly basis. Absent Co-owner approval as
herein provided, such assessment shall be increased only in accor-
dance with the following:

(a) If the Board shall find the budget as original-

ly adopted is insufficient to pay the costs of operation
and maintenance of the common elements;

(b) To provide for the repair or replacement of

existing common elements;

. (c) To provide for the purchase of additions to the

(common elements in an amount not exceeding $750.00 or $50
\per unit annually, whichever is less; or

(d) In the event of emergency or unforeseen devel-

opment.

Any increase in assessments other than or in addition to the fore-

going shall be considered as a special assessment requiring
approval by a vote of 60% or more of the Co-owners in number and
in value.

Section 3. Leyy of Assessments. All assessments levied

against the Units to cover expenses of administration shall be

-8-
 ! IIi;:\,' ')-{
_o_ ... \J_
1:) :-~1:)n~
_0_rL _uu
apportioned among and paid by the Co-owners on an equal basis, in
advance and without increase or decrease for the existence of any
rights to the use of limited common elements appurtenant thereto.

The common expenses shall consist, among other things, of such

amounts as the Board may deem proper for the operation and mainte-
nance of the Condominium property under the powers and duties
delegated to it hereunder, and may include, without limitation,
amounts to be set aside for working capital of the Condominium, for
a general operating reserve, for a reserve for replacement and for
meeting any deficit in the common expense for any prior year;
provided, that any reserves established by the Board prior to the
initial meeting of members shall be subject to approval by such
members at the initial meeting thereof. The Board shall advise
each Co-owner in writing of the amount of common charges payable
by him and shall furnish copies of each budget on which such common
charges are based to all Co-owners.

Section 4. Collection of Assessments. Each Co-owner shall be

obligated for the payment of all assessments levied with regard to
his Unit during the time that he is the Owner thereof, and no Co-
owner 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.
In the event of default by any Co-owner in paying the assessed
charges, the Board may declare all unpaid installments of the
annual assessment for the pertinent fiscal year immediately due and
payable. In addition, the Board may impose reasonable fines or
Charge interest at the legal rate on suc~ assessment from the due
date thereof. Unpaid assessments shall constitute a lien on the
Unit prior to all other liens except tax liens in favor of any
state or federal taxin~-authority and sums unpaid upon a first
mortgage of" record recorded prior to the recording of any notice
of lien by the Association, and the Association may enforce the
collection thereof by suit at law for a money judgment or by fore-
closure of the liens securing payment in the manner provided by
Section 108 of the Act. In an action for foreclosure, a receiver
may be appointed and reasonable rental for the Unit may be col-
lected from the Co-owner thereof or anyone claiming under him, and
all expenses incurred in collection, including interest, costs and
actual attorney's fees, and any advances for taxes or other liens
paid by the Association to protect its lien, shall be chargeable
to the Co-owner in default.

Upon the sale or conveyance of a Condominium Unit, all unpaid

assessments against the Unit shall be paid out of the sale price
by the purchaser in preference over any other assessment or charge
except as otherwise provided by the Condominium Documents or by the
Act. A purchaser or grantee shall be entitled to a written
statement from the Association setting forth the amount of unpaid
assessments against the Seller or Grantor and such purchaser or
grantee shall not be liable for, nor shall the Unit conveyed or
granted be subject to a lien for any unpaid assessments against the

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I
 "~r:1:2-/1:J
L.~~.. :-1?96
_,_ PC '-

seller or grantor in excess of the amount set forth in such written

statement. Unless the purchaser or grantee requests a written
statement from the Association at least 5 days before sale as
provided in the Act, 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.

The Association may also enter upon the common elements,

limited or general, to remove and abate any condition, or may
discontinue the furnishing of any services to a Co-owner in default
under any of the provisions of the Condominium Documents upon 7
days written notice to such Co-owner of its intent to do so. A Co-
owner in default shall not be entitled to utilize any of the
general common elements of the Project and shall not be entitled
to vote at any meeting of the Association so long as such default
continues; provided, that this provision shall not operate to
deprive any Co-owner of ingress and egress to and from his Unit.

All payments on account of installments of assessments in

default shall be applied in the following manner: first, to costs
of collection and enforcement of payment, including reasonable
attorneys' fees; second, to any interest charges and fines for late
payment on such installments; and third, to installments in default
in order of their due dates.

section 5. Obliqations of the Develooer. Until such time as

the regular monthly assessments paid by Co-owners other than the
Developer shall be sufficient to support the total costs of admin-
istration (excluding reserves), the Developer shall pay the balance
of such administrative costs on account of the units owned by it.
Such payments shall be in lieu of all other assessment liabilities.

After the time at which the- regular monthly assessments paid

by Co-owners other than the Developer are sufficient to support the
costs of administration (excluding reserves), the Developer shall
be assessed by the Association for actual costs, if any, incurred
by the Association which are directly attributable to the Units
owned by the Developer, together with a pro-rata share of costs of
administration which indirectly benefit the Developer (other than
costs attributable to the maintenance of dwellings) based upon the
ratio of units owned by the Developer to the total number of units
in the Project. Provided, that if a Unit owned by the Developer
is leased or ottierwise occupied on a permanent basis by a person
holding under or through the Developer, the Developer shall pay all
regular monthly assessments with respect to such unit forthwith.

In no event shall the Developer be responsible for the payment

of any assessment for or with respect to deferred maintenance,
reserves, capital improvements or additions, whether general or
special, except with respect to occupied units owned by it, nor for
any assessment levied in whole or in part to purchase a unit from
the Developer or to finance litigation or other claims against the

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 Inin,')-/1')
.•I•...•.... '- _ ._
:'r1?g-1
r...""-

Developer, any cost of investigation and preparing such litigation

or claim or any similar related cost.

ARTICLE VI

TAXES, INSURANCE AND REPAIR

Section 1. Taxes. All special assessments and property taxes

shall be assessed against the individual Units and not against the
total property of the Project or any part thereof, except for the
year in which the Project, or any phase thereof, was established
subsequent to the tax day. Taxes and special assessments which
become a lien against the property of the Condominium in any such
year shall be expenses of administration and shall be assessed
against the Units in proportion to the percentage of value assigned
to each unit. Special assessments and property taxes in any year
in which the property existed as an established Project on the tax
day shall be assessed against the individual Units, notwithstanding
any subsequent vacation of the project.

Assessments for subsequent real property improvements to a

specific Unit shall be assessed to that Unit description only, and
each Unit shall be treated as a separate, single unit of real
property for purposes of property tax and special assessment, and
shall not be combined with any other Unit or Units, and no assess-
ment of any fraction of any Unit or combination of any Unit with
other units or fractions thereof shall be made, nor shall any
division or split of the assessment or taxes of a single unit be
made notwithstanding separate or common ownership thereof.

Section 2. Insurance. The Association shall be appointed as

Attorney-in-Fact for each Co-owner to act in connection with
insurance matters and shall be required to obtain and maintain, to
the extent available and/or appropriate, fire insurance with
extended coverage, vandalism and malicious mischief endorsements,
and liability insurance and worker's compensation insurance perti-
nent to the ownership, use and maintenance of the common elements
of the Project. All such insurance shall be purchased by the Board
of Directors for the benefit of the Association, the Co-owners,
their mortgagees and the Developer, as their interests may appear.
Such insurance, other than title insurance, shall be carried and
administered in accordance with the following provisions:

(a) Each Co-owner shall be responsible for obtaining

insurance coverage at his own expense for the interior of
his Unit, including wall coverings, floor coverings,
sliders, windows and screens, and it shall be each Co-
owner's responsibility to obtain insurance coverage for the
personal property located within his Unit or elsewhere in
the Condominium, for personal liability for occurrences
within his Unit or upon limited common elements appurtenant
to his Unit, and for alternative living expenses in the
event of fire or other casualty causing temporary loss of

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 the Unit. The Association and all Co-owners shall use
their best efforts to see that all property and liability
insurance carried by the Association or any Co-owner shall
contain appropriate provisions whereby the insurer waives
its right of subrogation as to any claims against any Co-
owner or the Association.

(b) All common elements of the project shall be

insured against fire and other perils covered by a standard
extended coverage endorsement, in an amount equal to the
maximum insurable replacement value, excluding land,
landscaping, blacktopping, foundation and excavation costs,
as determined annually by the Board of Directors of the
Association. Such coverage shall also include interior
walls within any unit and the pipes, wires, conduits and
ducts contained therein and shall further include all
appliances, fixtures, equipment and trim wi thin a Unit
which were furnished with the unit as standard items in
accordance with plans and specifications thereof on file
with the Association (or such replacements thereof as do
not exceed the costs of such standard items). Any improve-
ments made by a Co-owner within his Unit shall be covered
by insurance obtained by and at the expense of said Co-
owner; provided that, if the Association elects to include
owner improvements under its insurance coverage, any
additional premium cost to the Association attributable
thereto shall be assessed to and borne solely by said Co-
owner and collected as a part of the assessments against
said Co-owner as provided herein.

(c) The Association shall maintain, if required,

adequate fidelity coverage to protect against dishonest
acts by. its officers, directors, trustees and employees
and all others who are responsible for handling funds of
the Association. Such fidelity bonds shall meet the
following requirements:

(i) The Association shall be named as an

obligee;

(ii) The policy shall be written in such

amount as may be required by any lending insti-
tution or other agency requesting the same, based
upon the estimated annual operating expenses of
the Condominium Project including reserves;

(iii) The policy shall contain waivers of

any defense based upon the exclusion of persons
who serve without compensation from any defini-
tion of "an employee" or similar expression;

(iv) The policy shall provide that it may

not be cancelled or substantially modified,

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 including cancellation for non-payment of
premium, without at least thirty (30) days' prior
written notice.

(d) The Board of Directors is hereby irrevocably

appointed the agent for each Co-owner, each mortgagee,
other named insureds and their beneficiaries and any other
holder of a lien or other interest in the Condominium or
the Property, to adj~st and settle all claims arising under
insurance policies purchased by the Board and to execute
and deliver releases upon the payment of claims.

(e) Each individual Co-owner shall indemnify and hold

harmless every other Co-owner, the Developer and the
Association for all damages, costs, and judgments,
including actual attorneys' fees, which any indemnified
party may suffer as a result of defending claims arising
out of an occurrence on or within such individual Co-
owners unit or appurtenant limited common elements. This
provision shall not be construed to give an insurer any
subrogation right or other right or claim against an
individual Co-owner, the Developer ~r the Association.

( f) Except as otherwise set forth herein, all

premiums upon insurance purchased by the Association
pursuant to these By-Laws shall be expenses of adminis-
tration.

section 3. Reconstruction and Repair. If the Condominium

Project or any of its common elements are destroyed or damaged, in
whole or in part, and the proceeds of any policy insuring the same
and payable by reason thereof ~re sufficient to reconstruct the
Project, then such proc-eeds shall be applied to such reconstruc-
tion. As used herein, reconstruction means restoration of the
Project to substantially the same condition in which it existed
prior to the fire or other disaster, with each unit and the Common
Elements having the same vertical and horizontal boundaries as
prior thereto.

(a) If the property is not insured against the peril

causing the loss or the proceeds of the policy or policies
insuring the Proj ect and payable by reason thereof are
insufficient to reconstruct the same, provision for
reconstruction may be made by the affirmative vote of not
fewer than 75% of the Co-owners voting at a meeting called
for such purpose. Any such meeting shall be held within
30 days following the final adjustment of insurance claims,
if any, or within 90 days after such fire or other
disaster, whichever first occurs. At any such meeting, the
Board or its representative shall present to the Co-owners
present an estimate of the cost of the reconstruction and
the estimated amount of necessary special assessments
against each Unit in order to pay therefor. If the

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 property is reconstructed, any such insurance proceeds
shall be applied thereto, and special assessments may be
made against the Units in order to pay the balance of the
cost thereof.

(b) If the property is not insured against the peril

causing the loss or the proceeds of the policy or policies
insuring the Proj ect and payable by reason thereof are
insufficient to reconstruct the same, and if provision for
reconstruction is not made pursuant to subparagraph (a)
above, then provision for withdrawal of any portion of the
property from the provisions of the Act may be made by the
affirmative vote of not fewer than 75% of the Co-owners
voting at a meeting called for such purpose. Any such
meeting shall be held within 30 days following the final
adjustment of insurance claims, if any, or within 90 days
after such fire or other disaster, whichever first occurs.
Upon any such withdrawal of any Unit or portion thereof,
the percentage of ownership in the common elements appur-
tenant thereto shall be reallocated among the remaining
Units not so withdrawn on the basis of the relative
percentages of ownership in the common elements appurtenant
to each such remaining Unit. If only a portion of a Unit
is withdrawn, the percentage of ownership in the common
elements appurtenant to such Unit shall be reduced
accordingly, upon the basis of the diminution in market
value of such Unit, as determined by the Board.

Any insurance proceeds shall be allocated, on the

basis of square footage withdrawn or such other equitable
basis as the Board may determine, among the Units or
portions thereof ,"and the portions of the common elements
withdrawn. As compensation for such withdrawals: (i) any
such insurance proceeds allocated to withdrawn Units or
portions thereof shall be applied in payment to the Owners
thereof in proportion to their relative percentages of
ownership in the common elements appurtenant to such
withdrawn Units, or portions thereof; (ii) any such
insurance proceeds allocated to withdrawn portions of the
limited common elements shall be applied in payment to the
Unit Owners entitled to their use in proportion to their
relative percentages of ownership in the common elements
appurtenant to the units served by such limited common
elements; and (iii) any such insurance proceeds allocated
to withdrawn portions of the general common elements shall
be applied in payment to all unit Owners in proportion to
their relative percentages of ownership in the common
elements. Upon withdrawal of any unit or portion thereof,
the Owner thereof shall be relieved of any further
responsibility or liability for the payment of any assess-
ments therefor, if the entire Unit is withdrawn, or for the

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 payment of a portion of such assessments proportional to the
diminution in square footage of such unit, if only a portion
of the Unit is withdrawn.

(c) If the property is not insured against the peril

causing the loss or the proceeds of the policy or policies
insuring the Proj ect and payable by reason thereof are
insufficient to reconstruct the same, and if provision for
neither reconstruction nor withdrawal is made pursuant to
subparagraphs (a) or (b) above, then the provisions of the
Act shall apply.

(d) Prompt written notice of any and all material

damage or destruction to a unit or any part of the common
elements shall be given to the holder of a first mortgage
lien on any unit affected thereby.

section 4. Eminent Domain. The following provisions shall

control upon any taking by eminent domain:

(a) If any portion of the common elements is taken

by eminent domainj the award therefore shall be allocated
to the Co-owners in proportion to their respective
undivided interests in the common elements. The Associa-
tion, acting through its Board of Directors, may negotiate
on behalf of all Co-owners for any taking of common
elements and any negotiated settlement approved by more
than two-thirds of Co-owners based upon assigned voting
rights shall be binding on all Co-owners.

(b) If a Unit is taken by eminent domain, the

undivided interest in the co~on elements appertaining to
that unit shall thenceforth appertain to the remaining
Units, being allocated to them in proportion to their
respective undivided interests in the common elements. The
court shall enter a decree reflecting the re-allocation of
undivided interests produced thereby, and the award shall
include, without limitation, just compensation to the Co-
owner of the Unit taken for his undivided interest in the
common elements, as well as for the Units.

(c) If portions of a Unit are taken by eminent

domain, the court shall determine the fair market value of
the portions of the Unit not taken. The undivided interest
for each such Unit in the common elements shall be reduced
in proportion to the diminution in the fair market value
of the unit resulting from the taking. The portions of
undivided interest in the common elements thereby divested
from the Co-owners of a Unit shall be re-allocated among
the other Units in the Proj ect in proportion to their
respective undivided interests in the common elements. A
Unit partially taken shall receive the re-allocation in
proportion to its undivided interest as reduced by court

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rl; •

order under this subsection. The court shall enter a

decree reflecting the re-allocation of undivided interest
produced thereby, and the award shall include just compen-
sation to the Co-owner of the unit partially taken for that
portion of the undivided interest in the common elements
divested from the Co-owner and not revested in the Co-
owner pursuant to subsection (d), as well as for that
portion of the Unit taken by eminent domain.

(d) If the taking of the portion of a unit makes it

impractical to use the remaining portion of that unit for
a lawful purpose permitted by the Condominium Documents,
then the entire undivided interest in the common elements
appertaining to that Unit shall thenceforth appertain to
the remaining Units in the Project, being allocated to them
in proportion to their respected undivided interest in the
common elements. The remaining portion shall thenceforth
be a common element. The court shall enter an order
reflecting re-allocation of undivided interests produced
thereby, and the award shall include just compensation to
the Co-owner of the unit for the Co-owners entire undivided
interest in the common elements and for the entire
condominium unit.

(e) Votes in the Association and liability for future

expenses of administration appertaining to a Unit taken or
partially taken by eminent domain shall thenceforth
appertain to the remaining Units, being allocated to them
in proportion to the relative voting strength in the
Association. A unit partially taken shall receive a
reallocation as though the voting strength in the Associa-
tion was reduced in proportion to the deduction in the
undivided interests in the common elements.

ARTICLE VII

USE AND OCCUPANCY RESTRICTIONS

section 1. Residential Use. Condominium Units shall be used

exclusively for residential occupancy, and no Unit or any common
element appurtenant thereto shall be used for any purpose other
than that of a single family residence or other purposes custom-
arily incidental thereto, except that professional and quasi-
professional Co-owners may use their residence as an ancillary
facility to an office established elseWhere, so long as such use
does not generate traffic by members of the general public. The
foregoing restrictions as to use shall not, however, be construed
in such manner as to prohibit a Co-owner from: (a) maintaining his
personal professional library; (b) keeping his personal business
or professional records or accounts; or (c) handling his personal
business or professional telephone calls or correspondence. Such
uses are expressly declared customarily incidental to principal
residential use and not in violation of said restrictions.

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 ~!~t~271:2
~1303
section 2. Common Areas. The common elements shall be used
only by the Co-owners of Units in the Condominium and by their
agents, tenants, family members, invitees and licensees for access,
ingress to and egress from the respective Units and for other
purposes incidental to use of the Units; provided, however, that
any storage areas or other common areas designed for a specific use
shall be used only for the purposes approved by the Board. The
use, maintenance and operation of the common elements shall not be
obstructed, damaged or .unreasonably interfered with by any Co-
owner, and shall be subject to any lease, concession or easement,
presently in existence or entered into by the Board at some future
time, affecting any part or all of said common elements.

section 3. Specific Prohibitions. without limiting the

generality of the foregoing provisions, use of the Project and all
common elements by any Co-owner shall be subject to the following
restrictions:

(a) No more than three (3) persons shall permanent-

ly occupy or reside in any unit, without the express prior
written approval of the Association. In the event that a
violation of this restriction by a family in occupancy of
a Unit results from the birth or adoption of a child, or
the marriage or re-marriage of a family member, this
restriction shall be suspended as to such family for a
period of one year to provide such family a reasonable time
in which to cure such violation or otherwise dispose of the
Unit.

(b) No portion of a Unit may be rented and no

transient tenants may be accommodated therein: provided,
that nothing herei~.shall prevent the rental or sublease
of an entire Unit for residential purposes or of a limited
common element appurtenant to such Unit in the manner set
forth in Article IX hereof.

(c) No Co-owner shall make any alterations, addi-

tions or improvements to any general common element, nor
make changes to the exterior appearance or structural
members of his Unit or limited common elements without the
prior written approval of the Association. The Associa-
tion shall not approve any alterations or structural
modifications which would jeopardize or impair the sound-
ness, safety or appearance of the Project. An Owner may
make alterations, additions or improvements wi thin his unit
without the prior written approval of the Board, but such
Owner shall be responsible for any damage to other Units,
the common elements, the property, or any part thereof,
resul ting from such alterations I additions or improvements.

(d) No nuisances shall be permitted on the Condo-

minium property nor shall any use or practice be permitted

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which is a source of annoyance to its residents, or which
interferes with the peaceful possession or proper use of
the Project by its residents.

(e) No immoral, improper, offensive or unlawful use

shall be made of the Condominium property or any part
thereof, and nothing shall be done or kept in any unit or
on the Common Elements which will increase the rate of
insurance for the Project without the prior written con-
sent of the Board. No Co-owner shall permit anything to
be done or kept in his unit or on the Common Elements which
will result in the cancellation of insurance on any unit,
or any part of the common elements, or which would be in
violation of any law.

(f) No signs, banners or advertising devices shall

be displayed which are visible from the exterior of any
unit or upon the common elements, including "for sale"
signs, without written permission from the Association or
Managing Agent.

(g) No Co-owner shall display, hang or store any

clothing, sheets, blankets, laundry or other articles
outside his Unit, or which may be visible from the outside
of his unit (other than draperies or curtains, blinds
and/or shades of a customary nature and appearance which
shall be lined or colored in a neutral shade facing the
exterior), or paint or decorate or adorn the outside of his
Unit, or install any CB, short wave, satellite dish or
other radio or television antenna, window air-conditioning
unit, snap-in window dividers, awning or other equipment,
fixtures or items of any kind, without the prior written
permission of the Board or the written permission of the
Managing Agent. The foregoing restrictions shall not be
construed to prohibit a Co-owner from placing and main-
taining outdoor furniture and decorative foliage of a
customary nature and appearance on a patio, deck or stoop
which is a limited common element appurtenant to his Unit;
provided, that no wood, tires or other personal property
shall be stored on any open patio, deck or stoop which is
visible from the common elements of the Project during the
winter season.

(h) No Co-owner shall use, or permit the use by any

occupant, agent, tenant, invitee, guest or member of his
family of any firearms, air rifles, pellet guns, B-B guns,
bows and arrows, illegal fireworks or other dangerous
weapons, projectiles or devices anywhere on or about the
condominium premises.

(i) No animal, other than fish or birds, shall be \

kept without the prior written consent of the Association
which consent, if given, shall be revocable at any time by

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 2-1'},_ PC-13• 05
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L.~':~. (
/'

the Board of Directors thereof. Pets permitted by the

Association'shall be kept only in compliance with the rules
and regulations promulgated by the Board of Directors from
time to time, and must at all times be kept under such care
and restraint as not to be obnoxious on account of noise,
odor or unsanitary conditions. No animal shall be
permitted to run loose upon the common elements, limited
or general, and the owner of each pet shall be responsible
for cleaning up after it.

The Association may charge any Co-owner maintaining

animals a reasonable additional assessment to be collected
in the manner provided in these bylaws if the Association
determines such assessment to be necessary to defray the
maintenance costs to the Association of accommodating
animals within the Condominium. The Association may also,
without liability to the owner thereof, remove or cause any
animal to be removed from the Condominium which it deter-
mines to be in violation of the restrictions imposed by
this section or which otherwise proves to be an annoyance
to other residents. Any person who causes or permits any
animal to be brought or kept on the Condominium property
shall indemnify and hold harmless the Association for any
loss, damage or liability which the Association may sus-
tain as a result of the presence of such animal on the
Condominium property.

(j) No mobile home, van, trailer, tent, shack,

garage, accessory building, outbuilding or other structure
of a temporary character shall be erected, occupied or used
at any time without the prior written consent of the
Association. No recreational vehicles, boats or trailers
shall be parked or -,stored on the Condominium property
except in a designated storage area without the written
approval of the Association, and no snowmobile or other
motorized recreational vehicle shall be operated on the
Condominium property. No maintenance or repair shall be
performed on any boat or vehicle except within a Unit where
totally isolated from public view.

(k) No more than two (2) automobiles or other

vehicles customarily used for transportation purposes shall
be kept on the Condominium property by those persons
residing in any Unit; provided, that no automobiles or
other vehicles which are not in operating condition shall
be permitted at any time. No commercial vehicles or trucks
shall be parked in or about the Condominium except for the
making of deliveries or pick-Ups in the normal course of
business.

(1) The common elements shall not be used for the

storage of supplies or personal property (except in limited
common element carports or for short periods of time as may

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 be reasonably necessary to permit periodic collection of
trash) . No vehicles shall be parked on or along the
private drive(s), and Owners and residents shall not use
or obstruct any guest parking areas abutting such drives
without the prior consent of the Association. In general,
no activity shall be carried on nor condition maintained
by any Co-owner either in his Unit or upon the Common
Elements which despoil the appearance of the Condominium.

(m) Absent an election to arbitrate pursuant to

Article X of these Bylaws, a dispute or question as to
whether a violation of any specific regulation or restric-
tion contained in this Article has occurred shall be
submi tted to the Board of Directors of the Association
which shall conduct a hearing and render a decision thereon
in writing, which decision shall be binding upon all Owners
and other parties having an interest in the Condominium
Project.

Section 4. Rules of Conduct. Reasonable rules and regula-

tions concerning the use of Condominium Units and Common Elements,
limited and general, may be promulgated and amended by the Board.
Copies of such rules and regulations shall be furnished by the
Board to each Co-owner at least 10 days prior to their effective
date, and may be revoked any time by the affirmative vote of more
than 66% of all Co-owners in number.

section 5. Remedies on Breach. A default or breach of this

Article by a Co-owner shall entitle the Association to the
following relief:

(a) Failure to--comply with any restriction on use and

occupancy contained herein or of any other term or provi-
sion of the Condominium Documents shall be grounds for
relief, which may include the levy of fines, imposition of
liens, action to recover sums due for damages, injunctive
relief, foreclosure of lien or any other remedy which in
the sole discretion of the Board of Directors is
appropriate to the nature of the breach as may be set forth
in the Condominium Documents including, without limitation,
any or all of the remedies available for the collection of
unpaid assessments under the provisions of Article V,
section 4 hereof which are appropriate to the nature of the
breach. All such remedies shall be deemed to be cumulative
and shall not constitute an election of remedies.

(b) In a proceeding arising because of an alleged

default by a Co-owner, the Association, if successful, may
recover the cost of the proceeding and such actual
attorneys fees as may be determined by the court.

(c) The failure of the Association to enforce any

right, provision, covenant or condition which is granted

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 by the Condominium Documents shall not constitute a waiver
of the right of the Association to enforce such right,
provision, covenant or condition in the future.

An aggrieved Co-owner shall also be entitled to compel enforcement

of the Condominium Documents by action for injunctive relief and/or
damages against the Association, its officers or another Co-owner
in the Project.

section 6. Use bv Developer. During the period of sale by the

Developer of any Units, the Developer and its agents, employees,
contractors and subcontractors, and their respective agents and
employees, shall be entitled to access, ingress to and egress from
any part of the Proj ect as may be reasonably required for the
purpose of said sale of Units. until all units in the entire
Project have been sold by the Developer, and until each Unit sold
by it is occupied by the purchasers thereof, the Developer shall
have the right to maintain a sales office and/or,model dwellings,
storage areas and customary signs in connection therewith as may
be reasonable to enable development and sale of the entire Project.
The Developer shall restore any areas so utilized to habitable
status upon termination of use.

ARTICLE VIII

MORTGAGES

section 1. Mortqaqe of Condominium units. Any Co-owner who

mortgages a Condominium Unit/shall notify the Association of the
name and address of the mortgagee, and the Association shall main-
tain such information in a book entitled "Mortgagees of units. II
At the written request of a mortgagee of any such Unit, the mort-
gagee shall be entitled--to: (a) inspect the books and records
relating to -the Project during normal business hours, upon reason-
able notice; (b) receive a copy of the annual financial statement
of the Association which is prepared for the Association and dis-
tributed to the Owners; and (c) receive written notice of all
meetings of the Association and be permitted to designate a repre-
sentative to attend all such meetings. Failure, however, of the
Association to provide any of the foregoing to a mortgagee who has
so requested the same shall not affect the validity of any action
or decision which is related thereto.

section 2. Notice of Insurance. The Association shall notify

each mortgagee appearing in said book pf the name of each company
insuring the condominium against fire; perils covered by extended
coverage, and vandalism and malicious mischief and the amounts of
such coverage.

Section 3. Riqhts of Mortqaqee. Notwithstanding any other

provision of the Condominium Documents, except _as otherwise
required by mandatory law or regulation, with respect to any first
mortgage of record of a Condominium Unit:

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 (a) The holder of the mortgage is entitled, upon
written request, to notification from the Association of
any default by the mortgagor of such Condominium Unit in
the performance of such mortgagor's obligations under the
Condominium Documents which is not cured within thirty (30)
days.

(b) The holder of any first mortgage which comes into

possession of a Condominium Unit pursuant to the remedies
provided in the mortgage or deed (or assignment) in lieu
of foreclosure, shall be exempt from any option, "right of
first refusal" or other restriction on the sale or rental
of the mortgaged Unit, incl uding but not Iimited to,
restrictions on the posting of signs pertaining to the sale
or rental of the unit.

(c) The holder of any first mortgage which comes into

possession of a Condominium unit pursuant to the remedies
provided in the mortgage, or by deed (or assignment) in
lieu of foreclosure, 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 thereof (except for claims for a pro
rata share of such assessments or charges resulting from
a pro rata re-allocation of such assessments charged to all
units including the mortgaged unit) .

section 4. Addi tional Notification. When notice is to be

given to a Mortgagee, the Board of Directors shall also give such
notice to the Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the Veterans Administration, the
Federal Housing Administ~ation, the Farmer's Home Administration,
the Government National Mortgage Association and any other public
or private secondary mortgage market entity participating in pur-
chasing or guarantying mortgages of units in the Condominium if the
Board of Directors has notice of such participation.

ARTICLE IX

LEASES

section 1. Notice of Lease. A Co-owner, including the

Developer, desiring to rent or lease a Condominium Unit for a
period of more than thirty (30) consecutive days, shall disclose
that fact in writing to the Association at least ten (10) days
before presenting a lease form to a prospective tenant and, at the
same time, shall supply the Association with a copy of the exact
lease form for its review for compliance with the Condominium
Documents. No Unit shall be rented or leased for a period of less
than sixty (60) days without the prior written consent of the

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 _.
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,

Association. A Developer proposing to rent condominium Units

before the Transitional Control Date, shall notify either the
Advisory Committee or each Co-owner in writing.

section 2. Terms of Lease. Tenants or non Co-owner occupants

shall comply with all the conditions of the Condominium Documents
of the Project, and all lease and rental agreements shall so state.

section 3. Remedies. If the Association determines that any

tenant or non Co-owner occupant has failed to comply with the
conditions of the condominium Documents, the Association may take
the following action:

( a) The Association shall notify the Co-owner by

certified mail, addressed to him at his last known
residence address, advising of the alleged violation by the
tenant.

(b) The Co-owner shall have 15 days after receipt of

said notice to investigate and correct the alleged breach
by the tenant or advise the Association that a violation
has not occurred.

(c) If, after 15 days the Association believes that

the alleged breach has not been cured or may be repeated,
it may institute an action for eviction against the tenant
or non Co-owner occupant and a simultaneous action for
money damages (in the same or in a separate action) against
the Co-owner and tenant or non Co-owner 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 to the general Common Elements
caused by the Co-owner or tenant in connection with the
Condominium Unit or Condominium Project.

section 4. Assessments. When a Co-owner is in arrearage to

the Association for assessments, the Association may give written
notice of the arrearage to a tenant occupying a Co-owner's unit
under a lease or rental agreement and the tenant, after receiving
such notice, shall deduct from rental payments due the Co-owner the
full arrearage and future assessments as they fall due and shall
pay them to the Association. Such deductions shall not be a breach
of the rental agreement or lease by the tenant.

ARTICLE X

ARBITRATION

section 1. Submission to Arbitration. Any dispute, claim or

grievance arising out of or relating to the interpretation or
application of the Master Deed, By-Laws or other Condominium Docu-
ments, or to any disputes, claims or grievances arising among or

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j~~..- "'-'1'"')
I "'",",/ ,/ -1'310
{ ,_ PC •

between the Co-owners or between such owners and the Association

may, upon the election and written consent of the parties to any
such dispute, claim or grievance, and written notice to the
Association, be submitted to arbitration by the Arbitration
Association and the parties thereto shall accept the Arbitrator's
award as final and binding. All arbitration hereunder shall pro-
ceed in accordance with sections 5001-5065 of Act 236 of the Public
Acts of 1961, as amended, which may be supplemented by reasonable
rules of the Arbitration Association.

section 2. Disnutes Involvina the Developer. A contract to

settle by arbitration may also be executed by the Developer and any
claimant with respect to any claim against the Developer that might
be the subject of a civil action, provided that:

(a) At the exclusive option of a Purchaser, Co-owner

or person occupying a restricted Unit in the Project, a
contract to settle by arbitration shall be executed by the
Developer with respect to any claim that might be the
subj ect of a civil action against the Developer, which
claim involves an amount less than $2,500.00 and arises out
of or relates to a purchase agreement, Condominium unit or
the Project.

(b) At the exclusive option of the Association of co-

owners, a contract to settle by arbitration shall be
executed by the Developer with respect to any claim that
might be the subject of a civil action against the Devel-
oper, which claim arises out of or relates to the Common
Elements of the Proj ect, if the amount of the claim is
$10,000.00 or less.

Section 3. Preservation of Rights. Election by any Co-owner

or by the Association to submit any such dispute, claim or
grievance to arbitration shall preclude such party from litigating
such dispute, claim or grievance in the courts. Provided, how-
ever, that except as otherwise set forth in this Article, no
interested party shall be precluded from petitioning the Courts to
resolve any dispute, claim or grievance in the absence of an elec-
tion to arbitrate.

ARTICLE XI

MISCELLANEOUS PROVISIONS

Section 1. Severability. In the event that any of the terms,

provisions, or covenants of these By-Laws or any Condominium Docu-
ment are held to be partially or wholly invalid or unenforceable
for any reason whatsoever, such holding shall not affect, alter,
modify or impair in any manner whatsoever any of the other terms,
provisions or covenants of such documents or the remaining por-
tions of any terms, provisions or covenants held to be partially
invalid or unenforceable, and in such event the document shall be

-24-
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construed in all respects ~f such invalid or unenforceable

provisions were omit+

section 2..ces. Notices provided for in the Act, Master

Deed or By--L: ~nall be in writing, and shall be addressed to the
~ssoc~ft~ . ~c 6202 Three Mile Road, N.E., Ada, Michigan 49301, or
to any Co-owner at the address set forth in the deed of conveyance,
or at such other address as may hereinafter be provided.

The Association may designate a different address for notices

to it by giving written notice of such change of address to all Co-
owners. Any Co-owner may designate a different address for notices
to him by giving written notice to the Association. Notices
addressed as above shall be deemed delivered when mailed by United
states mail with postage prepaid, or when delivered in person.

section 3. Amendment. These By-Laws may be amended, altered,

changed, added to or repealed only in the manner set forth in
Article VII of the Master Deed of Bella Vista Bay Condominiums.

-25-
 .~.'i

FIRST A¥~NDMENT TO KASTER DEED OF

BELLA VISTA BAY CONDOMINIUMS

(Act 59, Public Acts of 1978)

as amended

Amendment No. 1 to Kent County Condominium Subdivision Plan

No. 185.

(1) First Amendment to Master Deed of Bella

vista Bay Condominiums.

(2) Exh i.b i.t; p.. to p..•mended Master Deed: Affidavit

of Mailing as to notices required by Section
90 (5) .

(3) Exhibit B to Amended Master Deed: Replat

No. 1 to Subdivision Plan of Bella vista
Bay Condominiums.

(4) Exh i.b i.t.s C-l and C-2 to Amended Master Deed:
Mortgagees Consents to Submission to Condo-
minium Ownership.

William K. Van't Hof

Varnum, Riddering, Schmidt & Howlett
suite 800, 171 Monroe Avenue, N.W.
Grand Rapids, Michigan 49503

I
 FIRST AMENDMENT TO MASTER DEED OF

BELLA VISTA BAY CONDOMINIUMS

(Act 59, Public Acts of 1978)

as amended

BELLA VISTA BAY LIMITED PARTNERSHIP, a Michigan limited

partnership, the Developer of Bella vista Bay Condominiums, a

condominium proj ect established pursuant to Master Deed dated

January 26, 1990, and recorded at Liber 2712, Pages 1272-1318

inclusive, Kent County Records, hereby amends said Master Deed

pursuant to the authority reserved in Article I thereof for the

purpose of enlarging the condominium project from 12 units to 24

units by the addition of land described in Paragraph 2 below, and

reallocating the Percentages of Value as set forth in said Master

Deed, as amended (the "Master Deed"). Said Master Deed is hereby

amended in the following manner:

1. The second full paragraph of Article I of the Master Deed

is hereby amended to read as follows:

liThe 24 units which comprise the first two phases of

the Project, including the number, boundaries, dimensions
and area thereof, are set forth completely in the
Condominium Subdivision Plan. Each such Unit is capable
of individual utilization by reason of having its own
entrance from and exit to a common element of the Project.
Each Co-owner in the Project shall have a particular and
exclusive property right to his unit and to the limited
common elements appurtenant thereto, and shall have an
undivided and inseparable right to share with other Co-
owners the' general common elements of the Proj ect as
designated by this Master Deed."

2. Article II(A) of the Master Deed is hereby amended by the

addition of the following:

I
 ill;;:~·/>\.
(""'In,) ~
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:"'\",,;_•• ~,--.JU .J..1 .••• _ V

IIA. The land on which Phase II of the Proj ect is

situated, and which is hereby submitted to condominium
ownership pursuant to the provisions of the Act, is
described as follows:

That part of the North 1/2 of the SW 1/4, section 9, T8N,

RI0W, Cannon Township, Kent County, Michigan, described as:
Beginning at the Southeast corner of Lot 15, Bella Vista
Gardens No.1; thence N89°46'E 277.58 feet along the South
line of said North 1/2, SW 1/4; thence Nl7"33'W 243.49
feet; thence S72°27'W 265.00 feet along the South line of
Bella Vista Drive (66.00 feet wide); thence S17°33'E 160.37
feet to the Point of Beginning.

3. Article II (B) of the Master Deed is hereby amended to read

as follows:

"B. The land which may be added to the Project, in

whole or in part, pursuant to election of the Developer at
a future date or dates as set forth in Article I hereof,
as described as follows:

That part of the North 1/2 of the SW 1/4, Section 9, T8N,

RI0W, Cannon Township, Kent County, Michigan, described as:
Commencing at the SE corner of Lot 15, Bella Vista Gardens
NO.1; thence N89°46'E 630.00 feet along the South line of
said North 1/2, SW 1/4 to the Point of Beginning; thence
N11021'W 350.44 feet; thence S72027'W 23.99 feet; thence
N17°33'W 66.00 feet; thence S72°27'W 48.73 feet (the
previous 2 courses being along the Northeasterly boundary
of Bella vista Drive, a public right of way recorded in
Liber 2436 Page 198); thence N07°33'W 598.48 feet along the
East line of Bella vista Cove Condominiums; thence
N89035'10''E 252.22 feet along the South line of East Bella
Vista Shores No.1; thence S42015'W 81.89 feet; thence
S02045'E 112.40 feet; thence S47°45'E 83.00 feet; thence
N87015'E 83.00 feet; thence N42015'E 83.00 feet; thence
N02°45'W 112.40 feet; thence N47045'W 76.80 feet; thence
N89°35'10"E 509.46 feet along the aforesaid South line of
East Bella Vista Shores No.1; thence SOoo16'50"E 981.52
feet along the East line of said SW 1/4; thence S89°46'W
617.88 feet along the South line of said North 1/2, SW 1/4
to the Point of Beginning. Subject to a right of way for
highway purposes over the East 60.00 feet thereof.
Containing 16.02 acres more or less.

ALSO, that part of the North 1/2 of the SW 1/4, Section 9,

T8N, RIOW, Cannon Township, Kent County, Michigan,
described as: commencing at the SE corner of Lot 15, Bella

-2-

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Vista Gardens No.1; thence N89°46'E 277.58 feet along the

South line of said North 1/2, SW 1/4 to the Point of
Beginning; thence N89°46'E 188.55 feet; thence N17°33'W
299.61 feet; thence S72°27'W 180.00 feet along the South
line of Bella vista Drive (66.00 feet wide); thence
S17033'E 243.49 feet to the Point of Beginning.

4. Subparagraph (5) of Article IV(B) of the Master Deed is

hereby amended to read as follows:

"(5) The entry stoop, entry, porch, laundry room and

coin operated washing and drying equipment serving each
cluster of six units;"

5. Article V(C) of the Master Deed is hereby amended to read

as follows:

"c. The number of each Condominium Unit in the

Project as it appears on the Condominium Subdivision Plan,
and the Percentage of Value assigned to each such Unit are
as follows:

Percentage Percentage Percentage

of Va.lue of Value of Value
Unit No. Assianed unit No. Assianed Unit No. Assianed

Buildinq No.1 Buildina No.1 Buildinq No. ,

1 .0416 5 .0416 9 .0445

2 .0403 6 .0408 10 .0431
3 .0393 7 .0393 11 .0431
4 .0401 8 .0401 12 .0445

Buildinq No.2 Buildina No.2 Buildinq No.2

13 .0425 17 .0401 21 .0445

14 .0408 18 .0408 22 .0431
15 .0408 19 .0393 23 .0431
16 .0416 20 .0401 24 .044"S

6. The Condominium Subdivision Plan attached as Exhibit B to

the Master Deed of Bella vista Bay Condominiums is hereby amended

by Substituting for Sheet No. 1 thereof Amended Sheet No. 1

attached as Exhibit B to this Amendment. The legal description of

the expanded Condominium Premises set forth on said Amended Sheet

-3-

I
 No. 1 shall replace and supersede the description of said Premises

contained in Sheet No. 1 of the original Subdivision Plan, as

amended.

7. Amended Sheets 1-4 of Replat No. 1 to the Condominium

Subdivision Plan of Bella vista Bay Condominiums shall also, upon

recordation in the office of the Kent County Register of Deeds,

supplement and be incorporated in the Condominium Subdivision Plan

of Bella vista Bay Condominiums.

8. In all other respects, the provisions of the Master Deed

of Bella vista Bay Condominiums dated January 26, 1990, and

recorded in the Office of the Register of Deeds for Kent County,

Michigan as Condominium Subdivision Plan No. 185, are hereby

ratified and confirmed.

IN WITNESS whEREOF, the Developer has duly executed this First

Amendment to Master Deed this 0fi day of February, 1991.

witnesses: BELLA VISTA BAY LIMITED PARTNERSHIP

;2;~~ tl {l$L BY~

~ ~j
,~'
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Therese A. Cotter Daniel L. Carter, General Partner

,:kj~JHY7 t 'ok ~JJ,,-

Heather M. Hamilton

-4-

I
 STATE OF MICHIGAN
ss.
COUNTY OF KENT
I I h
On this \01""' '-day of February, 1991, before me, a Notary Public
in and for said County, appeared Daniel L. Carter, to me personally
known, who being by me duly sworn, did say that he is the sole
general partner of Bella vista Bay Limited Partnership, the limited
partnership named in and which executed the within instrument; that
said instrument was signed and sealed on behalf of said limited
partnership by authority of its general partner; and the said
person further aC~lowledged said instrument to be the free act and
deed of said limited partnership.

~ "-
Notary Public, Kent County, MI
My commission expires: _
NELLA l<. OSTRANOER
Notary PUblt-:ettaWll County, MI
AC-Jng in _ at:
My c..."fTlmis8.ion E:r-pil"8l
County
May 26, 1991

-5-

I
 r
f?EPLA r NO. J OF I(EN t COUN t CONDOMINIUM SUDOIIII:')·ION PLAN NO. 185
EXIIIBIT ''8'' TO THE AMENDED MASTER DEcO OF

BELLA VISTA BA Y CONDOMINIUMS

CANNON TGWNSfIlP, I(ENT CGUN TY, MICI-IIGAN
DEVELOPER: BELLA VISTA BA Y LIMITED PAR7N£RSI-IIP
6202 Tl-IREE MILE ROAD, N. C
ADA, MICHIGAN 49301
UVGINCERING AND SURVEYING:
f2 MEDEMA, VAN I(OOTc.N AND ASSOc/A TES, INC
S/-/EET INDEX
~ 252 STATE STREET, S.£.
~: GRANO RAPWS, MICI-I/GAN 4950~3 1. COliER SHEET
""<:t' 2. SURVEY PLAN
CJ J. SIT£. SURVCY AND UTiUTY PLAN
cc 4. FLOOR PLANS AND SEC770NS
C'~
:.~ PROPER TY OESCRIP nON
e."
:1 Till, r PART OF TIlE NORTH 1/2 OF rue SW 1/4, SECTION 9, TBN, R/oU~
CANNON TOWNSIIIP, KENT COUNTY, MlClI/GAN, DESCRIBED AS:
co
BEGINNING AI' THE SOUTI-IEAST CORNER or LOT IS, BELLA VlST'II
E-. GARDENS, NO. I; nlENCE N89°16'E 277.58 rE[T ALONG n« SOUni LlN[
H
P1 or SAID NORTf( 1/2, SW 1/4; 7lIENC[ NI7°JJ'W 24J.49 FEET; 71IENCE
H S7r27'W 265.00 FEU ALONG TIlE SOUTI-I LINE or BELLA VISTA DRIVE
tt:
X (66.00 rEU 'MDE); TlI[NCE SI7°J]'E 160.87 FEU TO TilE POINT OF
rl.l
BEGINNING. ALSO: COMMENCING A T THE SOUTlI[AST CORNU? OF LOT 15,
BElLA VISTA GARDENS NO.1; 17IENC[ N89"16'[ 166./J rE[T ALONG rue
SOUTII LlN[ OF SAID NORTH 1/2, SW 1/4 1'0 771[ POINT' OF BEGINNING;
TlIENCE N89°46'[ 16J.87 FEET; 71-1ENCENI1"21'W J50.44 FEU; ;;,~~~t?~'."c:
C"/'1
71/ENCE S72°27'W 194.29 FEU ALONG THE SOUTH LINE OF BELLA VISTA I.· PAUL t. ",. r.

!\\!'
i1
DRlIII': (66.00 FEET WIDE); 7IiENCE SI7°J]'E 299.61 FEET 70 HIE POINT r ! VA" K001[N

or BEGINNING. -I i ENGINEER
. No. .....
'Po e6lft ..J]
I~rssic;~~ff
\~,~~~.,
I, PAUL E. VAN KOOTEN, HEREBY CERTIFY 7IIA T' tms PARCEL IS NOT 11177I1N
AN AREA DESIGNA TED AS I-IA VlNG SPECIAL FLOOD IIAZARDS UNDER 711E FLOOD
DISASTER PROTECTION ACT OF 197J, AS AMENDED.
ENGINEER

BELLA VISTA BA Y CONDOMINIUMS

PROPOS£O OA TEO JANUARY 11, 1991 SHEET NO. 1 OF 1
 SUI<VEYorrs CEI<llFICIl lE

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GENERAL NOlES LEGEND
lll( 9r AAItIC'i .4S SIlO•••.••H{R{OH 'KAt
BELLA VISTA BAY CONDOMINIUMS (SIAOtr$Jt(O
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SURVEY PLAN
MEDEMA. VAN K001EN AND ASSOCIA lES. INC. CONSUL liNG ENGINEERS AND SUrlVEYOrlS 252 STAlE SmEET. S.E. GrlllND rlAPIDS • MICHIGAN
1

SCALE~ PI<OPOSED DAlEO JANUArlY 14. 1991 SHEET NO. 2 OF -4

 BENCH MllnK
n(tlCH UA.r~KO~1.0.( ucv OAT\JU
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CO \
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All 1If10H/CllOONO unUIIF.S
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CORRESPONO 10 lII(IR UNIT NUMBERS.

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BELLA VISTA BAY CONDOMINIUMS
SITE.' SURVEY AND UTILITY PLAN
MEDEMA, VAN KOOTEN AND ASSOCIATES, INC. CONSUL1ING ENGINEEnS IIND SUI\v(YORS 252 srxrr SlnEET. S.E. GnllND RAPIDS , MlCHIGIlN
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BELLA VISTA BAY CONDOMINIUMS ~ "'~Jlg..../

FLOOR PLANS & SECTIONS SURVEYOr! ENGINEEr!

MEDEMA. VAN KOOTEN AND ASSDCIA TES. INC. CONSUL liNG ENGII1[(I~S AND SUHVEYOflS 252 Sl A 1E S mEET. S.E. GRAND flAPIDS • MICHIGAN

'~'LJ~L-'O
F!2377D GENEr!AL COMMON ELEMENT ~ LIMITED COMMON E1.EMENT SCALE ~ __ i PROPOSED DATED JANUARY /4, /99/ SHEET NO, .• Of' .•
 EXHIBIT A

AFFIDAVIT OF ~~ILING

STATE OF MICHIGAN)
) ss.
COUNTY OF KENT )

Joan R. Niven, being duly sworn, deposes and says that:

1. She is employed by the legal firm of Varnum, Riddering,

Schmidt & Howlett, and acts as secretary to William K. Vanlt Hof,

attorney for the developer of Phase II of the Bella vi sca Bay

Condominium Project.

2. On February 6, 1991, notices were also sent to all Co-

owners, mortgagees and contract vendors of record in the Bella

Vista Bay Condominium Project as required by Section 90(5),

pursuant to a list of owners, mortgagees and vendors supplied by

the Developer of the project. Such notices -' .

-'r--
T",eresent by .!...--~'-

class mail, postage fully prepaid.

Further deponent saith not.

&6an
bk.~ R. Niven

Subscribed and sworn to before me this 6th day of February,

1991.

I
 EXn:I:3IT c-i

CONSENT TO SUBMISSION OF RE.\L PROPER.rf

TO CONDOMINIUM PROPERT{

WHEREAS, Bella Vista Bay Limited Partnerhsip, a Michigan limited partnership,

as Developer, intends to expand Bella Vista Bay Condominiums as a condominium project
by recordation in the Office of the Kent Country Register of Deeds of a First
Amendment to Master Deed of Bella Vista Bay Condominiums, submitting to condominium
ownership the real property in Cannon Township, Kent County, Michigan, described
therein; and

WHEREAS, First National Bank of Michigan, a national banking association, is

interested in the above-desc~ibed premises as Mor~gagee under a certa~n Mortgage
dated September 21, 1989, and recorded in Liber 2675, Pages 955-963 of Kent County
Records;

NOW, THEREFORE, First National Bank of Michigan, as Mortgagee, hereby consents

to the submission of the additional property to the condominium project described
and set forth in said Master Deed, and consents to the recordation of said First
Amendment in the Office of the Register of Deeds for Kent County, Michigan.

Dated: Ce:;;emi:er 31 199...2.

''';i~:1.esses
:

Its V-=i~c~e__~_r~e_s_l_·G_·e!
__~_t _

STATE OF MICHIG~_N )
) ss.
COUNTY OF INGHfu~ )

The foregoing instrument was acknowledged before me th~s 31st day of

Decpmber' , 199jL, by Charles A. Williams the Vice President
of First National Bank of Michigan, on benalf of said corporation by authority of
its Board of Directors.

Beverly L. M~t~n
Notary Public,'7righam County, MI
My commission expires: 06721/94

DRAITED BY:
William K. Van't Hof
Varnum Riddering, Schmidt
Suite 800, 171 Monroe, NW
Grand Rapids, MI 49503
BEVERLY L. MA.RTIN
Not.ary Public, Ionia County, Mich.
Acting In Ingham County, MiCh.
& Howlett My Comm. Expires June 27, 1994

I
 9 \ ~UG 28 PM 2: 49

SECOND AMENDMENT TO MASTER DEED OF

BELLA VISTA BAY CONDOMINIUMS

(Act 59, Public Acts of 1978)

as amended

Amendment No. 2 to Kent County Condominium Subdivision Plan

No. 185.

(1) Second Amendment to Master Deed of Bella

vista Bay Condominiums.

(2) Ex-l1ibitA to Amended Master Deed: Affidavit

of Mailing as to notices required by section
90 (5) •

(3) Exhibit B to Amended Master Deed: Replat

No. 2 to Subdivision Plan of Bella Vista
Bay condominiums.

(4) Exhibits C-1 and C-2 to Amended Master Deed:

Mortgagees' Consents to Submission to Condo-
minium ownership.

No interest in real estate being conveyed hereby I no revenue

stamps are required.
P.P. NQ. 4-1- (I - a ~ - -:s 2.-b - 0 I 'L
i" I A (i"O I Q ~-
::JfC ..L T ~ C)
,. - , 0"

\/2\\i:.:;:.; [jY tIL:l ~J. ~.;; ~ I(

F/0 1-1- 0 ( / l 0)0 )

~S - 's ~

Ot:jluty, I{ent County Ireasurar, Grand Rapids, Michigan

(This Instrument
\grafted By: William K. Van't Hof
Varnum, Riddering, Schmidt & Howlett
suite 800, 171 Monroe Avenue, N.W.
Grand Rapids, Michigan 49503

L~7

I
 SECOND ~..E!IDMENrTO MAST~R DE~D OF

BELLA VISTA B~Y CONDOMINIUMS

(Act 59, Public Acts of 1978)

as amended

BELLA VISTA BAY LIMITED PARTNERSHIP, a Michigan limited

partnership, the Developer of Bella vista Bay Condominiums, a

condominium proj ect established pursuant to Master Deed dated

January 26, 1990, and recorded at Liber 2712, Pages 1272-1318

inclusive, Kent County Records, as amended by First Amendment to

Master Deed dated February 6, 1991, and recorded at Liber 2834,

Pages 1371-1383 inClusive, hereby further amends said Master Deed

pursuant to the authority reserved in Article I thereof for the

purpose of enlarging the condominium project from 24 units to 36

units by addition of land described in Paragraph 2 below and real-

locating the Percentages of Value as set forth in said Master

Deed, as amended (the "Master Deed"). Said Master Deed is hereby

amended in the following manner:

1. The second full paragraph of Article I of the Master Deed

is hereby amended to read as follows:

"The 36 units which comprise the first three phases

of the Project, including the number, boundaries, dimen-
sions and area thereof, are set forth completely in the
Condominium Subdivision Plan. Each such unit is capab~e
of individual utilization by reason of having its ovn
entrance from and exit to a common element of the Project.
Each Co-owner in the Project shall have a particular and
exclusive property right to his unit and to the limited
common elements appurtenant thereto, and shall have an
undivided and inseparable right to share with other Co-
owners the general common elements of the Proj ect as
designated by this Master Deed."

I
 EXHIBIT A

AFFIDAVIT OF ~~ILING

STAT~ OF MICHIG~~)
) ss.
COUNTY 0 F KENT )

Joan R. Niven, being duly sworn, deposes and says that:

1. She is employed by the legal fi!:ill of Va~num, Riddering,

Sc~~idt & Howlett, and acts as secretary to William K. Van't Hof,

attorney for the developer of the Bella vista Bay Condominium

Project.

2. On August 9,. 1991, notices were sent to all Co-owners,

mortgagees and land contract vendors of record in the Bella vista

Bay Concominium Project as required by section 90(5), pursuant to

a list of owners, mortgagees and vendors supplied by the developer

of the proj ect. Such notices were sent by first class mail,

postage fully prepaid.

Further deponent saith not.

GJoan R. Niven

Subscribed and sworn to

1991.

I
 2. Article II(A) of ~~e Master Deed is hereby amended by the

addition of the following:

IIA. The land on which Phase III of the Project is

situated, and which is hereby submitted to condominium
ownership pursuant to the provisions of the Act, is
described as follows:

That part of the North 1/2 of the SW 1/4, section 9, T8N,

R10W, Cannon Township, Kent County, Michigan, described as:
commenci~g at the Southeast corner of Lot 15, Bella vista
Gar~e~s Ne. 1; thence N89°461E 277.58 feet along the South
line of said North 1/2, SW 1/4 to the Point of Beginningi
thence N89°461E 188.55 feeti thence N17°331W 299.61 feeti
thence S72"271W 180.00 feet along the South line of Bella
vista Drive (66.00 feet wide) i thence S17'331E 243.49 feet
to the Point of Beginning.1I

3. Article II (B) of the Master Deed is hereby amended to read

as follows:

liB. The land which may be added to the project, in

whole or in part, pursuant to election of the Developer, at
a future date or dates as set forth in Article I hereof,
is described as follows:

That part of the North 1/2 of the SW 1/4, section 9, T8N,

RlOW, Cannon Township, Kent County, Michigan, described as:
Commencing at the SE corner of Lot 15, Bella vista Gardens
No. Ii thence N89'461E 630.00 feet along the South line of
said North 1/2, SW 1/4 to the Point of Beginningi thence
N11"211W 350.44 feeti thence S720271W 23.99 feeti thence
N17'331W 66.00 feeti thence S72°271W 48.73 feet (the
previous 2 courses being along the Northeasterly boundary
of Bella vista Drive, a public right of way recorded in
Liber 2436 Page 198) i thence N07°331W 598.48 feet along the
East line of Bella vista Cove Condominiumsi thence
N89"35110"E 252.22 feet along the South line of East Bella
vista Shores No. i • thence S42"151W 81.89 feet; thence
S02"451E 112.40 feet: thence S47"451E 83.00 feeti thence
N87"151E 83.00 feeti thence N420151E 83.00 feet; thence
N02°451W 112.40 feeti thence N47"451W 76.80 feeti thence
N89"35110"E 509.46 feet along the aforesaid South line of
East Bella vista Shores Noo 1; thence SOoo16150"E 981.52
feet along the East line of said SW 1/4; thence S89°461W
..
..617.88feet along the South line of said North 1/2, SW 1/4
to the Point of Beginning. Subject to a right of way for
highway purposes over the East 60.00 feet thereof.
Containing 16.02 acres more or less."

-2-

I
 4. Article V(C) of the Master Deed ~s hereby amended to read

as follows:

"C. The number of each Condominium unit in the

Project as it appears on the Condominium Subdivision Plan,
and the Percentage of Value assigned to each such Unit are
as follows:

Percentage Percentage Percentage

of Value of Value of Value
unit No. Ac:s;aned unit No. Assigned Unit No. f>..ssianed

Buildina No. 1 Buildina No. 1 Buildina No. 1

1 0.0277 5 0.0277 9 0.0298

2 0.0273 6 0.0273 10 0.0287
3 0.0262 7 0.0262 11 0.0287
4 0.0267 8 0.0267 12 0.0298

Buildina No.2 Buildina No. 2 Buildina No. 2

13 0.0282 17 0.0267 21 0.0298

14 0.0273 18 0.0273 22 0.0287
15 0.0273 19 0.0262 23 0.0287
16 0.0277 20 0.0267 24 0.0298

.Bu i 1 d i na NO.3 Buildina No. 3 Buildina No. 3

25 0.0277 29 0.0267 33 0.0298

26 0.0273 30 0.0262 34 0.0287
27 0.0273 31 0.0262 35 0.0287
28 0.0277 32 0.0267 36 0.0298

5. Replat No.1 of the Condominium Subdivision Plan attached

as Exhibit B to the Master Deed of Bella vista Bay Condominiums is

hereby amended by SUbstituting for Sheet No. 1 thereof the amended

Sheet No. 1 of Replat No. 2 attached as Exhibit B to this

Amendment. The legal description of the expanded Condominium

Premises set forth on said amended Sheet No. 1 shall replace and

supersede the description of said Premises contained in original

Sheet No. 1 of the Subdivision Plan, as amended.

6. Amended Sheets 2-4 of Replat No. 2 to the Condominium

Subdivision Plan of Bella vista Bay Condominiums shall also, upon

-3-

I
recordation in the office of the Kent County Register of Deeds,

supplement and be incorporated in the Condominium Subdivision Plan

of Bella Vista Bay Condominiums.

7. In all other respects, the provisions of the Master Deed

of Bella Vista Bay Condominiums dated January 26, 1990, and

recorded in the Office of the Register of Deeds for Kent County,

Michigan as Condominium Subdivision Plan No. 185, as amended by

First Amendment to Master Deed dated February 6, 1991, are hereby

ratified and confirmed.

IN WITNESS wnEREOF, the Developer has duly executed this First

Amendment to Master Deed this 61.J..... day of t4.-a L.c.s -;- 1991.
/

Tr'litnesses: BELLA VISTA BAY LIMITED PA-~TNERSHIP

jTherese A. Cotter I'

ByftJi
Daniel L. carter, General
~ Partner
',~
( / ! . 'J
f •. I,I . /
r ~ ,(, / :'_{r_/
1 / /. ~ l (! L ~

Patricia M. Smith

STATE OF MICHIGAN )
) ss.
COUNTY OF KENT )
I '\}) (>; c.~.L
On this \ Q \.. day of ~~ L)1 1991, before me, a I

Notary Public in and for sa ~oun~y, appeared Daniel L. Carter,

to me personally known, who belng by me duly sworn, did say that
he is the sole general partner of Bella Vista Bay Limited
Partnership, the limited partnership named in and which executed
the within instrument; that said instrument was signed and sealed
on behalf of said limited partnership by authority of its general
partner; and the said person further acknowledged said instrument
to be the free act and deed of said limited partnership.

~QC0 K Cboncd9.-\
,_ c Ot10lLQ ' _ '
Notary ,pub,lic,K~nt County, MlqfChn~ )~~ l
My comm i ssi.on exp i res : \c -a! Q - ) U 1"(1\
Nella K. Ostrander -

-4-
 REPLA T NO. 2 OF KENT COUNTY CONDOMINIUM SUBDIVISION PLAN NO, 785
EXHIBI T JIB" TO THE AM£NDFfI MASTER DEED OF
BELLA ~/"--~TA BA CONDOMINIUMS
CANNON TOWN !), KENT LI~ , TY, IvfICl-7/GAN
"":;~ '."":~~:'--:':-.:""":
. ?,,"
DEVELOPER: .:.A VISTA BA .1M/TED DARTN£RSHIP
- ')2 I,./'}R'\ EE' Mil
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THAT F i. .'.f ::: 1/2 Of" iHE SECnON 9, T8N, RIO~y'
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C!l ALONG THE SOUT}! UNE OF FiaLA ViSTA DRIV[ (66.00 FEET WIDE); n-tENCE
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THAT THIS PARCEL IS NO, WITHIN ~""'ra../~~0"~~,~
AN AR~A O[SIGNA no AS HA VlNG SPECIAL FLOOD HAZARDS UNDER THE FLOOD
SURVEYOR . ENGINEER
D'!'!,S~,=? j::.~O;:::CT;:J"': A~T C.=- iE7J, :',5 A.,\!~A'D~D.

BELLA VISTA BA Y CON[ I

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GENERAL NOTES lOCA 110H U"'?
( NO seA.L! ) LEGEND
BELLA VISTA BAY CONDOMINIUMS TM(

AECORDEO PlAT
AS SHO"'" HEREON '#I(q(
I!IC.t.RINCS
[S:Aall~(D rolto~ "fl.I( 8C .•.AINCS ()H Jl.I(
8CUA or .VISTA, CAAO(N$ NO. t·
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peR \,IBtR 80. PACES a. 0 • 10.
@ COOAOINATi:
SURVEY PLAN
MEDEMA, VAN KOOTEN AND ASSOCIA ES, INC. CONSUL TING ENGINEERS AND SURVEYORS 252 STAlE: STREET, S.E. GRAND RAPIDS , MICHIGAN
'00 0 ~ '00 '00
SOE ~~~_I PROPOSED DATED AUGUST 22, 1991 SHED NO

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BENCH I.I.\RI( !!51.0' NCV 0.\ Tlil.l
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NOR TH END, BLOC, NO.1
THE: 8eARINCS AS SHOWN H[RroN II!'R[ [ 8L/SH[D
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INFORMA nON AS SHOWN HeR[ON IS PfR
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AND SHOULD NOT Sf MISTAKEN TO 8E A CUARANTE:[ or COI.IPUT'CN[SS I
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BELLA VISTA BAY CONDOMINIUMS :"·:.::I:,!~=

SITE, SURVEY AND UTILITY PLAN

M~DEMA, VAN KOOTEN AND ASSOCIATES. INC.
CONSUL T1NG ENGINEERS AND SURVEYORS
c "':]GENERAL COMMON ELEMENT 252 STATE SiREE:T. S.E.
~O'@ LIMITED COMMON ELEMENT GRAND RAPIDS. MICI-
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SCALE ~
PROposm DATED .AUGUST 22, 1991
./,

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SURV£YOR'S CERTlrlCA TE

I, PAt.n. t. VAJi JeOOltH. R(ClST(A:(O

(NClNC[~ Of' }).IeSlUt or
I..•.ND SUIlt"!yOR
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BELLA VISTA BAY CONDOMINIUMS (saaLIS>-I(~

GENERAL NOTES
THC SE.a.RINCS AS $MO.,....
H(Rt<>c
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LEGEND
CONCRCTt I.IONUU(Nr
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BeLLA ..,srA CARDeNS HO. I·
PEA LI8(R 00, PActS a. 9 At' 10. @ COOROIHA rr "'OINT
511RVEY PLAN
M'~":'MA, VAN KOOTEN AND ASSOCIA ES, INC. CONSUL TlNG ENGINEERS ANC JRVEYORS 252 STAT:: STREET, S.E. GRAND RAPIDS, MICHIGAN j

..
,.'

100 O!{) 100 700

- -
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PR8"'QS::D D :·.I:::J f\UCUST ::2. l'?S; SH::::::T ;;{) 2 Or .:.
 EXHIBIT C-l

CONSE1tT TO SUBMISSION OF REAL PROPERTY

(
TO CONDOMINIUM PROJECT

WHEREAS, BELLA VISTA BAY LIMITED PARTNERSHIP, a Michigan

limited partnership, as Developer, intends to expand Bella vista
Bay Condominiums by recordation in the Office of the Kent County
Register of Deeds of a Second Amendment to Master Deed of Bella
vista Bay Condominiums, submitting to condominium ownership the
real property in Cannon Township, Kent County, Michigan, described
therein; and

WHEREAS, FIRST NATIONAL BANK OF MICHIGAN, a national banking

association, is interested in the above-described premises as
Hortgagee under a certain l10rtgage dated September 21, 1989, and
recorded in Liber 2675, Pages 955-963 of Kent County Records;

NOW, THEREFORE, FIRST NATIONAL BANK OF MICHIGAN I as Mortgagee,

hereby consents to the submission of the aforesaid property to the
condominium project described and set forth in said ,Master Deed,
and consents to the recordation of said Second Amendment to Master
Deed in the Office of' the Register of Deeds for Kent County,
Michigan. .

Dated: ~A~11~~~)s~t~'~2 , 1991

witness:

By·~~~~~~~~~~~·"~
Arrr:i L. Geschwendt CharlesA. Williams

JlY) k!11
Kara L. Gates
dl-idu Its Vice P!:'esident

STATE OF MICHIGAN
ss.
COUNTY OF INGHAM

The foregoing instrument was acknowledged before me this

12t.~ day of --'-A.....,U~gu-=st~
1 1991, by CharlesA. Williams
the Vice President of First National Bank of
Michigan, on behalf of said corporation by authority of its Board
of Directors.

Amy L. C-esChwendt
Notary Public, Ingham County, MI
My commission expires: December 14, 1994
DRAFTED BY:
William K. Van't Hof
Varnum, Riddering, Schmidt & Howlett
suite 800, 171 Monroe, N.W.
Grand Rapids, MI 49503

I
 .' ,

EXHIBIT C-2

CONSE~T TO SUBMISSION OF REAL PROPERTY

TO CONDOMINIUM PROJECT

WHEREAS, BELLA VISTA BAY PARTNERSHI P, a ~fichigan limited partnership, as

Developer, intends to expand Bella Vista Bay Condominiums by recordation in the
Office of the Kent County Register of Deeds of a Second Amendment to Master
Deed of Bella Vista Bay condominiums, .submi tting to condominium ownership the
real property in Cannon Township"Kent county, Michigan, described therein; and

WHEREAS, FRANKLIN SAVINGS & LOAN ASSOCIATION, now known as Franklin

Savings Bank,' FSB, a federal chartered capital stock savings bank, is
interested in the above-described premises as Mortgage.e under a certain
Mortgage dated August 20,1986, and recorded in Liber 2235,' Page 923 of Kent
County Records;'

NO~, TnEREFORE, FRANKLIN SAVINGS & LOAN ASSOCIATION, now known as

Franklin Savings Bank, FSB, a federal chartered capital stock savings bank, as
Mortgagee, hereby consents to the submission of the additional property to the
condominium project described and set forth in said ~faster Deed, and consents
to the recordation of said Second Amendment in the Office of the Register of
Deeds for Kent County, ~ichigan.

Dated: August 13, 1991

Witness: FRANKLIN SAVINGS AND LOAN ASSOCIATION

NOW KNOWN AS FRANKLIN SAVINGS BANK, FSB

~ / .
By .' -/ / - .-
~
;:Jam;s B. ~
Zick

Its Authorized Agent

ss.
COUNTY OF OAKLAND

The foregoing instrument was acknowledged before me this 13th day of

August ,1991, by James B. Zick the Authorized Agent of
Franklin Savings Bank, FSB, on behalf of said corporation by authority of its
Board of Directors.

Gloria Ann Tomaszews~

Notary Public, Lapeer County, ~I
DRAFTED BY: My commission expires: November 20, 1993
William K. Van't Hof acting in Oakland County
Varnum, Riddering, Schmidt & How lett GlORIA ANN 1OMAS2EWSKf
Ncwy Public.. Lapeer County. Mictligatt
Suite 800, 171 Monroe, N.W. Wy CoIMIISsion ExP- Na.anber 20. 1993
Grand Rapids, MI 49503

I
 EXHIBIT A

BELLA VISTA BAY CONDOMINIUM ASSOCIATION

Estimated Operating Budget*

1992
Based on 36 units

INCOME:

Maintenance Assessments (1) $35,424.00

EXPENSES:

Management $ 2,400.00
Insurance 4,300.00
Trash Removal 3,546.00
Snow Removal and Lawn Care 3,965.00
Building Maintenance 6,336.00
Supplies I 2,500.00
Professional Fees 2,500.00
Water (2) 3,800.00
utilities-Common Areas 4,,277.00
Reserve for Capital Improvements 1.800.00

TOTAL 535,424.00

In a year in which the c~ndominium is expanded, the real property

taxes for the newly added units will be billed to the Association
and di.vi.ded among the new unit owners on the basis of their
percentage of value, so that this charge will be in addition to the
estimated monthly charge noted above. Starting with the second
year, real property taxes will be assessed and charged directly to
each condominium owner and paid individually by such owner.

Notes to Operating Budget:

(1) Maintenance assessments will be collected from each unit on

a monthly basis at approximately $82.00 per month, per unit.

(2) The monthly sewer bill is currently billed to each individual

unit by the Bella Vista Lake Association. previously, the
cost had been included in the monthly condominium assessment.

l * Estimated by Bella vista Bay Limited Partnership, Developer

A-I

I
 EXHIBIT B

DEVELOPMENTTEAM

Function Name and Address Previous Condominium.

Experience

Developer Bella vista Bay Limited Partnership None

6202 Three. Mile Road, N.E.
Ada, Michigan 49301

Management Great Lakes Management None

Agent 6202 Three Mile Road, N.E.
Ada, Michigan 49301

Real Estate The Prudential Fase Company Numerous

Broker 5500 Northland Drive, N.E.
Grand Rapids, Michigan 49505

Escrow Transamerica Title Insurance Company Numerous

Agent 921 N. Division Avenue
Grand Rapids, MI 49503

Project Medema VanKooten & Associates Numerous

< "~w'ErI9"ineer 252 state street, S.E.
Grand Rapids, MI 49503

Project William K. Van't Hof Numerous

Attorney Varnum, Riddering, Schmidt
& Howlett
171 Monroe, N. W.
Grand Rapids, MI 49503

B-1