Belle Ridge HOA

Article I - ASSOCIATION OF CO-OWNERS:

ARTICLE I
ASSOCIATION OF CO-OWNERS

The Belle Ridge Condominium Subdivision, a residential site Condominium Project located in the Village of Dryden, Lapeer County, Michigan, shall be administered by an Association of Co-owners which shall be a nonprofit corporation hereinafter called 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 Condominium Project in accordance with the Condominium Documents and the laws of the State of Michigan. These Bylaws shall constitute both the Bylaws referred to in the Master Deed and required by Section 3 (8) of the Act and the Bylaws provided for under the Michigan Non-Profit Corporation Act. Each Co-owner shall be entitled to membership and no other person or entity shall be entitled to membership. The share of a Co-owner in the funds and assets of the Association be assigned, pledged or transferred in any manner except as an appurtenance to his Unit. The Association shall keep current copies of the Master Deed, all amendments to the Master Deed, and other Condominium Documents for the Condominium Project available at reasonable hours to Co-owners in the Condominium Project and all persons using or entering upon or acquiring any interest in any Unit therein or the Common Elements thereof shall be subject to the provisions and terms set forth in the aforesaid Condominium Documents.

ARTICLE II - ASSESSMENTS:

ARTICLE II
ASSESSMENTS

All expenses arising from the management, administration and operation of the Association in pursuance of its authorizations and responsibilities as set forth in the Condominium Documents and the Act shall be levied by the Association against the Units and the Co-Owners thereof in accordance with the following provisions:

Section 1. Assessments for Common Elements.
All costs incurred by the Association in satisfaction of any liability arising within, caused by, or connected with the General Common Elements, or the improvements constructed or to be constructed within the perimeters of the Condominium Units for the Condominium Project shall constitute expenditures affecting the administration of the Project, and all sums received as the proceeds of, or pursuant to, any policy of insurance securing the interest of the Co-owners against liabilities or losses arising within, caused by, or connected with the Common Elements or the administration of the Condominium Project, within the meaning of Section 54 (4) of the Act shall constitute revenues of the Association.

Section 2. Determination of Assessments.
Assessments shall be determined in accordance with the following provisions:

Budget.
The Board of Directors of the Association shall establish an annual budget in advance for each fiscal year and such budget shall project all expenses for the forthcoming year which may be required for the proper operation, management, and maintenance of the Condominium Project, including a reasonable allowance for contingencies and reserves. An adequate reserve fund for maintenance, repairs and replacement of those Common Elements that must be replaced on a periodic basis shall be established in the budget and must be funded by regular semi-annual payments as set forth in Section 3. At a minimum, the reserve fund shall be equal to ten (10%) of the Association’s current annual budget on a non-cumulative basis. Upon adoption of an annual budget by the Board of Directors, copies of the budget shall be delivered to each Co-owner and the assessment for said year shall be established based upon said budget, although the failure to deliver a copy of the budget to each Co-owner shall not affect or in way diminish the liability of any Co- owner for any existing or future assessments. Should the Board of Directors at any time determine, in the sole discretion of the Board of Directors, that the assessments levied are or may prove to be insufficient (1) to pay the costs of operation and management of the Condominium. (2) to provide replacements of existing Common Elements, (3) to provide additions to the Common Elements not exceeding $2,000 annually for the entire Condominium Project, or (4) that an event of emergency exists, the Board of Directors shall have the authority to increase the general assessment or to levy such additional assessment or assessments as it shall deem to be necessary. The Board of Directors also shall have the authority, without Co-owner consent, to levy assessments pursuant to the provisions of Article X, Section 4 hereof. The discretionary authority of the Board of Directors to levy assessments pursuant to this subparagraph shall rest solely with the Board of Directors for the benefit of the Association and the members thereof, and shall not be enforceable by any creditors of the Association or the members thereof.
Special Assessments for Outside Maintenance.
In addition to the above, the Association may assess individual Co-owners for outside maintenance costs of dwellings and other structures placed upon the Units if (i) the Co-owner fails to maintain the outside of such structures, (ii) the Association has given written notice to the Co-owner for its failure to maintain, (iii) a period of thirty (30) days has elapsed from the date of such notice without remedy to such failure to maintain, and (iv) the Association has expended funds for such cost incurred by the Association in performing such maintenance plus fifteen (15%) percent of such cost.
Developer’s Reservation of Amendment Rights to Allow for Detached and Attached Units.
The Developer expressly reserves and retains the right to amend.

Section 3. Apportionment of Assessments and Penalty for Default.
Unless otherwise provided for or in the Master Deed, all assessments levied against the Co-owners to cover expenses of administration shall be apportioned among and paid by the Co-owners in accordance with the percentage of value allocated to each Unit in Article V of the Master Deed, without increase or decrease for the existence of any limitation to use the Limited Common Elements appurtenant to a Unit. Annual assessments as determined in accordance with Article II, Section 2 (a) above shall be payable by Co-owners in one (1) annual payment due and payable January 1st of each year and prorated to the date of acceptance of a deed to or a land contract vendee’s interest in a Unit, or with acquisition of fee simple title to a Unit by any other means. The payment of an assessment shall be in default if such assessment or any part thereof, is not paid to the Association in full on or before the due date of each payment.

Each installment in default for ten (10) or more days shall bear interest from the initial due date thereof at the rate of seven (7%) per annum, or such greater rate as may from time to time be provided for by Michigan law, until each installment is paid in full. The Association may, pursuant to Article XVIII, Section 4 hereof, levy fines for the late payment in addition to such interest. Each Co-owner (whether one or more Co-owners) shall be, and remain, personally liable for the payment of all assessments (including fines of late payment and costs of collection and enforcement of payment) pertinent to his Unit which may be levied while the Co-owner is the owner thereof. Each Co-owner (whether one or more persons) shall be, and remain, personally liable for the payment of all assessments pertaining to his Unit which may be levied while such Co-owner is the owner thereof. Payments on account for installments of assessments in default shall be applied as follows: first, to costs of collection and enforcement of payment, including reasonable attorneys’ fees; second, to any interest charges and fines for late payment on each installment; and third, to installments in default in order of their due dates.

Section 4. Waiver of Use or Abandonment of Unit.
No Co-owner may exempt himself from liability for contribution toward the expenses of administration by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his Unit.

Section 5. Enforcement.

Remedies.
In addition to any other remedies available to the Association, the Association may enforce collection of delinquent assessments by a suit at law for a money judgment or by foreclosure of the statutory lien that secures payment of assessments. In the event of default by any Co-owner in the payment of any installment of the annual assessment levied against his Unit, the Association shall have the right to declare all unpaid installments of the annual assessment for the pertinent fiscal year immediately due and payable. The Association also may discontinue the furnishing of any utilities or other services to a Co-owner in default upon seven (7) days written notice to such Co-owner of its intention 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, however, this provision shall not operate to deprive any Co-owner of ingress or egress to and from his Unit. In a judicial foreclosure action, a receiver may be appointed to collect a reasonable rental for the Unit from the Co-owner thereof or any persons claiming under him. All of these remedies shall be cumulative and not alternative and shall not preclude the Association from exercising such other remedies as may be available at law or in equity.
Foreclosure Proceedings.
Each Co-owner, and every other person who from time to time has any interest in the Project, shall be deemed to have granted to the Association the unqualified right to elect to foreclose the lien securing payment of assessments either by judicial action or by advertisement. The provisions of Michigan law pertaining to foreclosure of mortgages by judicial action and by advertisement, as the same may be amended from time to time, are incorporated herein by reference for the purposes of establishing the alternative procedures to be followed in lien foreclosure actions and the rights and obligations of the parties to such actions. Further, each Co-owner and every other person who from time to time has any interest in the Project shall be deemed to have authorized and empowered the Association to sell, or to cause to be sold, the Unit with respect to which the assessment (s) is or are delinquent and to receive, hold and distribute the proceeds of such sale in accordance with the priorities established by applicable law. Each Co-owner of a Unit in the Project acknowledges that at the time of acquiring title to such Unit he was notified of the provisions of this subparagraph and that he voluntarily intelligently and knowingly waived notice of any proceedings brought by the Association to foreclose by advertisement the lien for nonpayment of assessments and hearing on the same prior to the sale of the subject Unit.
Notice of Action.
Notwithstanding the foregoing, neither a judicial foreclosure action nor a suit at law for a money judgment shall be commenced, nor shall any notice of foreclosure by advertisement be published, until the expiration of ten (10) days after mailing, by first class mail, postage prepaid, addressed to the delinquent Co-owner(s) at his or their last known address, a written notice that one or more installments of “the annual assessment levied against the pertinent Unit is or are delinquent and that the Association may invoke any of its remedies hereunder if the default is not cured within ten (10) days after the date of mailing. Such written notice shall be accompanied by a written affidavit of an authorized representative of the Association that sets forth (i) the affiant’s capacity to make the affidavit, (ii) the statutory and other authority for the lien, (iii) the amount outstanding (exclusive of interest, costs, attorneys’ fees and future assessment (s), (iv) the legal description of the subject Unit(s) and (v) the name(s) of the Co-owner(s) of record. Such affidavit shall be recorded in the office of the Register of Deeds in the county in which the project is located prior to commencement of any foreclosure proceeding, but it need not have been recorded as of the date of mailing as aforesaid. If the delinquency is not cured with the ten (10) day period, the Association may take such remedial action as may be available to it hereunder or under Michigan law. In the event the Association elects to foreclose the lien by advertisement, the Association shall so notify the delinquent Co-owner and shall inform him that he may request a Judicial hearing by bring suit against the Association.
Expenses of Collection.
The expenses incurred in collecting unpaid assessments, including interest, cost, actual attorney’s fees (not limited to statutory fees) and advances for taxes or other liens paid by the Association to protect its lien, shall be chargeable to the Co-owner in default and shall be secured by the lien on his Unit.

Section 6. Liability of Mortgagee.
Notwithstanding any other provisions of the Condominium Documents, the holder of any first mortgage covering any Unit in the Project which comes into possession of the Unit pursuant to the remedies provided in the mortgage or by deed (or assignment) in lieu of foreclosure, or any purchaser at a foreclosure sale, shall take the property free of any claims for unpaid assessments or charges against the mortgaged Unit which accrue prior to the time such holder comes into possession of the Unit (except for claims for a pro rata share of such assessments or charges resulting from a pro rata reallocation of such assessments or charges to all Units including the mortgaged Unit).

Section 7. Developer’s Responsibility for Assessments.
The Developer of the Condominium shall be responsible at any time for payment of the monthly Association assessments.

Section 8. Property Taxes and Special Assessments.
All property taxes and special assessments levied by any public taxing authority shall be assessed in accordance with Section 131 of the Act

Section 9. Personal Property Tax Assessment of Association Property.
The Association shall be assessed as the person or 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.

Section 10. Mechanic’s Lien.
A mechanic’s lien otherwise arising under Act No 497 of the Michigan Public Acts of 1980, as amended shall be subject to Sections 132 of the Act.

Section 11. Statement as to Unpaid Assessments.
The purchaser of any Unit may request a statement of the Association as to the amount of any unpaid Association assessments thereon, whether regular or special. Upon written request to the Association accompanied by a copy of the executed purchase agreement pursuant to which the purchaser holds the right to acquire a Unit. The Association shall provide a written statement of such unpaid assessments as may exist or a statement that none exist, which statement shall be binding upon the Association for the period stated wherein. Upon the payment of that sum within the period stated the Association’s lien for assessments as to such Unit shall be deemed satisfied; provided, however, that the failure of a purchaser to request such statement at least five (5) days prior to the closing of the purchase of each Unit shall render any unpaid assessments and the lien securing same fully enforceable against such purchaser and the Unit itself, to the extent provided by the Act. Under, the Act, unpaid assessments constitute a lien upon the Unit and the proceeds of sale thereof apply to such lien prior to all claims except real property taxes and first mortgages of record.

ARTICLE III - ARBITRATION:

ARTICLE III
ARBITRATION

Section 1. Scope and Election.
Disputes, claims or grievances arising out of or relating to the interpretation or the application of the Condominium Documents, or any disputes, claims or grievances arising among or between the Co-owners and the Association, upon the election and written consent of the parties to any such disputes, claims or grievances (which consent shall include an agreement of the parties that the judgment of any circuit court of the State of Michigan may be rendered upon any award pursuant to such arbitration), and upon written notice to the Association, shall be submitted to arbitration and the parties hereto shall accept the arbitrator’s decision as final and binding, provided that no question affecting the claim of title of any person to any fee or Life estate in real estate is involved. The Commercial Arbitration rules of the American Arbitration Association as amended and in effect from time to time hereafter shall be applicable to any such arbitration. All parties expressly agree to execute any and all writings required to fully implement this provision, and failing to do so, agree to and waive objection to, the entry of an Order from the Circuit Court ordering binding arbitration.

Section 2. Judicial Relief.
In the absence of the election and written consent of the parties pursuant to Section 1 above, no Co-owner Association shall be precluded from petitioning the courts to resolve or such disputes, claims or grievances.

Section 3. Election of Remedies.
Such election and written consent by Co-owners or the Association to submit any such dispute, claim or grievance to arbitration preclude such parties from litigating such dispute, claim or grievance in the courts.

ARTICLE IV - INSURANCE:

ARTICLE IV
INSURANCE

Section 1. Extent of Coverage.
The Association shall, to the extent appropriate given the nature of the Common Elements of the Project, carry fire and extended coverage, vandalism and malicious mischief and liability insurance, and workman’s compensation insurance, if applicable, pertinent to the ownership, use and maintenance of the General Common Elements of the Condominium Project and such insurance shall be carried and administered in accordance with the following provisions:

Responsibilities of Association.
All such insurance shall be purchased by the Association for the benefit of the Association, the Co-owners and their mortgagees, as their interests may appear, and provision shall be made for the issuance of certificates of mortgagee endorsements to the mortgagees of the Co-owners.
Insurance of Common Elements.
All General Common Elements of the Condominium Project shall be insured against fire and other perils covered by a standard extended coverage endorsement, if appropriate, in an amount equal to the maximum insurable replacement value, excluding foundation and excavation costs, as determined annually by the Board of Directors of the Association.
Premium Expenses.
All premiums upon insurance purchased by tile Association pursuant to these Bylaws shall be expenses of administration.
Proceeds of Insurance Policies.
Proceeds of all insurance policies owned by the Association shall be received by the Association, held in a separate account and distributed to the Association, the Co-owners and their mortgagees, as their interests may appear; provided however, whenever repair or reconstruction of the Condominium shall be required as provided in Article X of these Bylaws, the proceeds of any insurance received by the Association as a result of any loss requiring repair or reconstruction shall be applied for such repair or reconstruction and in no event shall hazard insurance proceeds be used for any purpose other than for repair, replacement or reconstruction of the Project unless all of the institutional holders of first mortgages on Units in the Project have given their prior written approval.

Section 2. Authority of Association to Settle Insurance Claims.
Each Co-owner, by ownership of a Unit in the Condominium Project, shall be deemed to appoint the Association as his true and lawful attorney-in-fact to act in connection with all matters concerning the maintenance of fire and extended coverage, vandalism and malicious mischief, liability insurance and workmen’s compensation insurance, if applicable, pertinent to the Condominium Project and the General Common Elements thereof, and such insurer as may, from time to time, provide such insurance for the Condominium Project. Without limitation on the generality of the foregoing, the Association as said attorney shall have full power and authority to purchase and maintain such insurance , to collect and remit premiums therefor, to collect proceeds and to distribute the same to the Association, the Co-owners and respective mortgagees, as their interests may appear (subject always to the Condominium Documents), to execute releases of liability and to execute all documents and to do all things on behalf of such Co-owner and the Condominium as shall be necessary or convenient to the accomplishment of the foregoing.

Section 3. Responsibilities of Co-owners
Each Co-owner shall be responsible for obtaining fire and extended coverage and vandalism and malicious mischief insurance with respect to his residential dwelling and all other improvements constructed or to be constructed within the perimeter of his condominium Unit, whether located within or outside the perimeter of his Unit, and for his personal property located therein or elsewhere on the Condominium Project.

Section 4. Waiver of Right of Subrogation.
The Association and all Co-owners shall use their best efforts to cause all property and liability insurance carried by the Association or any Co-owner to contain appropriate provisions whereby the insurer waives its right of subrogation as to any claims against any Co-owner or the Association.

ARTICLE V - RESTRICTIONS:

ARTICLE V
RESTRICTIONS

All of the Units in the Condominium shall be held, used and enjoyed subject to the following limitations and restrictions.

Section 1. Residential Use.

No Unit in the Condominium shall be used for other than single-family residence purposes including living quarters over garages and the Unit and the Common Elements shall be used only for purposes consistent with the use of single- family residences.

Section 2. Leasing and Rental.

Right to Lease

Co-owner may lease his Unit for the same purposes set forth in Section 1, of this Article V provided that written disclosure of such lease transaction is submitted to the Board of Directors of the Association in the manner specified in subsection (b) below. The terms of all leases, occupancy agreements and occupancy arrangements shall incorporate, or be deemed to incorporate all of the provisions of the Condominium Documents.
Leasing Procedures.

The leasing of Units in the project shall conform to the following provisions:
1. The term of the lease shall be a minimum of six (6) months
2. Tenants or non Co-owner occupants shall comply with all of the conditions of the Condominium Documents.
3. If the Association determines that the tenant or non Co-owner occupant has failed to comply with the conditions of the Condominium Documents, the Association shall take the following action:
  1. Notify the Co-owner by certified mail advising of the alleged violation by the tenant.
  2. The Co-owner shall have fifteen (15) days after receipt of such notice to investigate and correct the alleged breach by the tenant or advise the Association that a violation has not occurred.
  3. If after fifteen (15) days the Association believes that the alleged breach is not cured or may be repeated, it may institute on its behalf or derivatively by the Co-owners on behalf of the Association, if it is under the control of the Developer, an action for eviction against the tenant or non Co-owner occupant and simultaneously for money damages in the same action against the Co-owner and tenant or non Co-owner occupant for breach of the conditions of the Condominium Documents. The relief provided for in this subparagraph may be summary proceeding. The Association may hold both the tenant and the Co-owner liable for any damages to the Common Elements caused by the Co-owner or tenant in connection with the Unit or Condominium Project.
4. When a Co-owner is in arrears to the Association for assessments, the Association may give written notice of the arrearage to a tenant occupying a Co-owner’s Unit under a lease or rental agreement and the tenant, after receiving the notice, shall deduct from rental payments due the Co-owner the arrearage and future assessments as they fall due and pay them to the Association. The deductions shall not constitute a breach of the rental agreement or lease by the tenant.

Section 3. Architectural Control.

The Developer of the Project intends that there shall be a residential dwelling and certain other improvements within the boundaries of each of the Condominium Units in the Project. Except for residences and improvements constructed by the Developer, all preliminary plans and working drawings shall be approved by an Architectural Review Board which board shall be appointed initially by the Developer until seventy-five (75%) percent of the Units have been sold at which time the Association shall appoint the Review Board and such plan shall:

Be prepared by a licensed builder, architect or other person satisfactory to the Developer and/or the Association and as otherwise required by law;
Require the approval of the Developer and/or Association as hereinafter set forth prior to the time of the commencement of any construction within the boundaries of the Unit or Units. Then, with prior written consent by the Developer and/or Association, a Co-owner may construct improvements (including the residential dwelling) within the boundaries of a Unit or to the extent approved by the Developer and/or Association on the Common Elements appurtenant to a Condominium Unit. In such event, Developer shall be entitled to require that such builder or Co- owner furnish to the Association adequate security, in Developer’s discretion, to protect the Association against costs and expenses which it might incur in connection with the failure to complete construction in a timely and diligent manner in accordance with the approved plans and specifications for the dwelling and its appurtenances and in this respect, exterior construction shall be completed within one (1) year of the start of construction unless waived in writing by the Review Board. No one other than the Review Board, once the Review Board is established, shall be entitled to approve any alteration to the nature or appearance of any exterior improvements constructed within the boundaries of a Condominium Unit or the Common Elements appurtenant thereto without the prior written consent of the Review Board, which consent may be withheld by the Board in its absolute discretion. The Board’s prior written approval of proposed plans is required for any residential construction, additional buildings or structures, roads, sidewalks or other improvements to be built or erected on the Unit and any changes to existing buildings or structures prior to the construction or erection thereof; however, such approval shall not be unreasonably withheld. Any such plans for construction or alteration referred to above shall include a plan for restoration of the premises after construction or alteration to a condition satisfactory to the Review Board. Construction of any dwelling must also receive any necessary approvals from the local public authority. The Review board shall have the right to refuse to approve any such plan or specification, or grading or landscaping plans which are not suitable or desirable, in its opinion, for aesthetic or other reasons; and in passing upon such plans and specifications it shall have the right to take into consideration the suitability of the proposed structure, improvement or modification, the site upon which it is proposed to construct the same, and the degree of harmony thereof with the Condominium as a whole and the area of future development described in the Master Deed. All Co-owners are required, as part of any and all proposed site plan and building permit approval applications, to fully comply with any and all lawful governmental requirements concerning surface water runoff, diversion and erosion control. The purpose of this Section is to assure for the benefit of the Co-owners, Developer and Association the continued maintenance of the Condominium as a beautiful and harmonious residential development, and shall be binding upon both the Association and upon all Co-owners. Developer may construct any improvements upon the Condominium Premises that it may, in its sole discretion, elect to make without the necessity or prior consent from the Review Board or any other person or entity, subject only to the express limitations contained in the Condominium Documents, In this respect:
1. No Building, fence, wall, deck, swimming pool, outbuilding or other structure, landscaping or exterior improvement shall be commenced, erected or maintained on any Unit nor shall any exterior addition to or change or alteration therein or change in the exterior appearance thereof or change in landscaping be made until the plans and specifications showing the kind, size, shape, height, colors materials, topography and location of the same on the Unit shall have been submitted to and approved in writing by the Review Board.
2. Plans and specifications for final approval by the Review Board shall include the following:
  1. Complete site plans and specification sufficient to secure a building permit from the appropriate governmental authority including a dimensioned plot plan showing the Unit and placement of residence, outbuilding and fences, sewers and wells, if any, and all other improvements and an engineered plan showing storm water run off
  2. Front elevation, side elevation and rear elevation of the building, plus elevations of any walls and fences.
  3. A perspective drawing, if deemed necessary by the Review Board, to interpret adequately the exterior design.
  4. Data as to size, materials, colors and textures of all exterior, including roof coverings and any fences and walls.
  5. Any other data, drawings or materials which the Review Board requests in order to fulfill its function.
3. Amended as follows: in 2018 as part of the “FOURTH AMENDMENT TO MASTER DEED OF BELLE RIDGE CONDOMINIUM LAPEER COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 022
  
  Article V, Section 3B.(3) of the Condominium Bylaws (Exhibit A of the Master Deed) is deleted and the following is substituted in its place:
  
  All proposed plans shall first be submitted to the Review Board for preliminary approval
  
  Proposed plans shall be accompanied by a septic permit from the Lapeer County Health Department unless connection will be made to the Village of Dryden Sanitary Sewer System.
4. The Review Board may disapprove plans because of noncompliance with any of the restrictions herein contained, or because of dissatisfaction with the grading and drainage plan, the location of the structure on the Unit, the materials used, the color scheme, the finish, design, proportion, shape, height, style or appropriateness of the proposed improvement or alteration or because of any matter or thing which in the judgment of the Review Board would render the proposed improvement or alteration inharmonious with or out of keeping with the objectives of the Review Board or with improvements erected or to be erected on other Units in the Condominium, including purely aesthetic conditions. However, approval shall not be unreasonably withheld.
5. In the event the Review Board fails to approve or disapprove plans within ninety (90) days after proper submission, then such approval will not be required but all other limitations, conditions and restrictions set forth herein shall apply and remain in force as to such plans.
6. Review Board approval shall be deemed given if the plans and specification submitted for approval are marked or stamped as having been finally approved by the Review Board and are dated.
7. All Units shall be used for single family residence purposes only and no building of any kind whatsoever shall be erected, re-erected moved or maintained thereon except one (1) single family dwelling house and appurtenant structures on each Unit as hereinafter provided. Each house shall be designed and erected for occupation by a single private family. A private attached or detached garage for the sole use of the occupants, their servants, agents or employees, of the Unit upon which the garage is erected may also be erected and maintained and, as to the upper portion of such garage, used for residential purposes. All dog houses, pens, or storage sheds must be totally obscured from the view of any other Unit with evergreen screening or similar vegetation.
8. No dwelling shall be permitted on any Unit unless it meets the conditions of the Schedule of Square Footage and Materials for Residential Construction set forth by the Developers in Exhibit C, attached. All computations of square footage for determination of the permissibility of erection of residences under this section shall be exclusive of basements, attics, outbuildings, porches or similar areas which are not normally classified as living areas. All garages must be architecturally related to the dwelling. The Review Board must grant such exceptions to this restriction as it deems suitable. No garage shall provide space for less than two (2) automobiles. Building set backs shall be fifty (50’) feet on the front, Fifty (50’) feet on the rear and twenty (20’) on the sides or as otherwise shown on Exhibit D attached.
9. Each Co-owner shall keep all improvements on his Unit in good condition and in good repair at all times.
10. Mobile homes (including double wides), trailers, shacks, barns, or any other temporary buildings of any description whatsoever are expressly prohibited and no temporary occupancy shall be permitted in unfinished residential buildings. Tents for entertainment or recreation purposes are permitted for periods not to exceed forty- eight (48) hours. The erection of a temporary storage building by a builder or his subcontractors for materials and supplies to be used in the construction of a dwelling is permitted during the periods when improvements are under construction in the Condominium by the builder, and are expressly prohibited thereafter..
11. The following general conditions shall be in effect:
  1. No Unit shall be used or maintained as a dumping ground for rubbish, trash, garbage or other waste, and the same shall not be kept except in sanitary containers properly concealed from view and/or provided by the Association.
  2. No laundry shall be hung for drying in such a way as to be visible from the street on which the dwelling fronts and/or sides of such Unit or visible to abutting Units.
  3. The grade of any lot in the subdivision may not be changed without the written consent of the Review Board.
  4. Pools.
    Amended as follows: May 2025 with the Fifth Amendment to the Master Deed of Belle Ridge Condominium Subdivision recorded in 2946, Page 888 - 893
    
    No swimming pool may be built which is higher then one (1’) foot above the final lot grade except for hot tubs or whirlpool baths which may be located upon the decks of structures to be built. No swimming pool may be built unless some portion of the pool is within twenty (20’) feet of the residence. All swimming pools, tubs and whirlpools must be constructed so that they drain in a manner approved by the Review Board.
    
    (a) Temporary Above-Ground Pools
    - Temporary above-ground pools, defined as hard-sided, soft-sided, or inflatable pools with a water depth of up to 24 inches and requiring no external equipment, are strictly prohibited in the Belle Ridge Condominium Subdivision.
    (b) Permanent Above-Ground Pools
    - Permanent Above-Ground Pools are defined as pools with a water depth greater than 24 inches and requiring a pump, filtration system, or heating equipment. They are considered long-term installations and must comply with additional safety and regulatory requirements according to state and federal law.
    (c) Rules for Permanent Above-ground Pools:
    1. Placement and Visibility:
      1. Placement: Permanent pools shall not be installed in front yards, driveways, or areas visible from the main roadway. They must be placed in backyards or side yards with sufficient screening through landscaping, fencing, or other means approved by the HOA Board to reduce visibility of the pool and all equipment.
      2. Any other items such as fence construction, landscaping requirements/restrictions, temporary structures, etc., not specifically mentioned in this amendment, should follow the Active recorded Belle Ridge HOA By-Laws, as currently stated.
      3. Color Restrictions: Above-ground pools and visible parts must be mainly earth tones like tan or gray; bright or non-neutral colors are not allowed to preserve the community's visual aesthetic.
      4. All swimming pools must be constructed so that they drain away from residential structures within the property and neighboring properties, in a manner approved by the Review Board.
    1. Safety Requirements:
      1. All safety standards, including those related to fencing, access control, water quality, and electrical systems, must be fully compliant with applicable local, state, and federal laws and regulations.
      2. Fencing/Barrier: Permanent pools must be enclosed by a safety fence or barrier at least four (4) feet high, with self-closing and self- latching gates to prevent unauthorized access. The fence or barrier construction must comply with the HOA By-Laws and the latest swimming pool codes adopted/enforced by the Lapeer County Construction Code Authority.
    1. Permits and Approval:
      1. Permits and Specifications: Homeowners must obtain all required building, electrical, and zoning permits before installing a permanent pool or any related equipment (e.g., pump, filter, heater). Copies of these permits, along with a completed Belle Ridge HOA Architectural Review Form and detailed plans (including pool location, dimensions, and safety features), must be submitted to the Belle Ridge HOA Board of Trustees for approval. Construction or installation shall not begin until written approval is received from both the Belle Ridge HOA Board of Trustees and the Lapeer County Construction Code Authority.
      2. Variance Requests: Homeowners may request a variance for the location of permanent structures if site conditions (e.g., property slope) prevent safe installation. Any approved variance by the HOA does not override a denial by the Lapeer County Construction Code Authority.
    1. General Requirements for All Pools:
      1. Noise Control: Pool equipment, such as pumps and heaters, must be operated at noise levels that do not disturb neighboring properties.
    (d) Penalties for Non-Compliance:
  5. No exterior lighting shall be installed so as to disturb the occupants of neighboring Units or impair the vision of traffic on any street.
  6. All utility lines including electric, gas, telephone, and cable television must be installed underground, provided however, that pre-existing above ground lines and easements need not be removed or moved underground, and further that the Developer reserves the express right to locate lines above ground where deemed in Developer’s sole discretion to be necessary.
12. The visible exterior walls of any dwelling structures shall be made of materials selected from, the Schedule of Square Footage and Materials for Residential Construction, as per Exhibit C, attached, and as revised by the Developer in the Developer’s sole discretion. The Review Board may grant such exceptions to this restriction as it deems suitable. Windows and doors made of unpainted aluminum or non-factory painted aluminum are prohibited. Non listed materials are prohibited unless expressly approved by the in writing by the Developer or Board of Review.
13. All driveways, aprons and parking areas must be paved with materials selected from the approved schedule of paving materials as provided and revised by the Developer in the Developer’s sole discretion.
14. Any debris resulting from the destruction in whole or part of any dwelling or building on any Unit shall be removed with all reasonable dispatch from such Unit in order to prevent any unsightly or unsafe condition.
15. No tree of more than twelve (12”) inches in diameter at three (3’) feet above ground shall be removed from within the condominium units without the approval of the Review Board unless such tree is dead, diseased or because of construction. No person shall do any act the result of which could reasonably be expected to cause damage to or destruction to any tree. No trees shall be removed from any common element except by formal vote and approval by the board.

Section 4. Activities.

No immoral, improper, unlawful or offensive activity shall be carried on in any Unit or upon the Common Elements. Limited or General nor shall anything be done which may be, or become, an annoyance or a nuisance to the Co-owners of the Condominium. No unreasonably noisy activity shall occur in or on the Common Elements or on any Unit at any time.

Section 5. Pets

No animals, except for lawful household pets, and such other animals as are permitted by the Village of Dryden Ordinances shall be maintained by any Co-owner unless specifically approved in writing by the Association. The Association may, without liability to the owner thereof, remove or cause to be removed any animal from the Condominium which it determines to be in violation of the restrictions imposed by this Section. In the event of any violation of this Section, the Board of Directors of the Association may assess fines for such violation in accordance with these Bylaws and in accordance with duly adopted rules and regulations after written notice of such violation to the Co- owner and a ten (10) day period to cure such violation.

Section 6. Aesthetics

The Common Elements, Limited or General, shall not be used for storage of supplies, materials, personal property or trash or refuse of any kind, except as provided in duly adopted rules and regulations of the Association. No unsightly condition shall be maintained on any patio, porch or deck and only furniture and equipment consistent with normal and reasonable use of such areas shall be permitted to remain there during seasons when such areas are reasonably in use and no furniture or equipment of any kind shall be stored thereon during seasons when such areas are not reasonably in use. Trash receptacles shall be maintained in areas designated therefore at all times and such short periods of time as may be reasonably necessary to permit periodic collection of trash. In general , no activity shall be carried on nor condition maintained by a Co-owner in his dwelling, elsewhere on his Unit, or upon the Common Elements, which is detrimental to the appearance of the Condominium.

Section 7. Vehicles

No house trailers, commercial vehicles, boat trailers, boats, camping vehicles, camping trailers, motorcycles, all terrain vehicles, snowmobiles, snowmobile trailers, or vehicles other than automobiles or vehicles used primarily for general personal transportation use, may be parked or stored upon the condominium premises, unless parked in the garage with the door closed. No inoperable vehicles of any type may be brought or stored upon the condominium premises either temporarily or permanently.

Section 8. Advertising

No signs or other advertising devices of any kind shall be displayed which are visible from the exterior of a Unit or on the Common Elements, including “For Sale” signs, without written permission from the Association except for signs of the Developer during the construction and sales period.

Section 9. Rules and Regulations.

It is intended that the Board of Directors of the Association may make rules and regulations from time to time to reflect the needs and desires of the majority of the Co-owners in the Condominium in accordance with the terms hereof Reasonable regulations consistent with the Act, the Master Deed and these Bylaws concerning the use of the common Elements may be made and amended from time to time by any Board of Directors of the Association, including the first Board of Directors (or its successors) prior to the Transitional Control Date. Copies of all such rules, regulations and amendments thereto shall be furnished to all Co-owners.

Section 10. Common Elements Maintenance.

The Common Elements shall not be obstructed nor shall they be used for purposes other than for which they are reasonably and obviously intended. No bicycles, vehicles, chairs or other obstructions may be left unattended on or about the Common Elements.

Section 11. Co-owner Maintenance.

Each Co-owner shall maintain his Unit and the improvements thereon in a safe clean and sanitary condition including without limiting the generality of the foregoing, all septic systems and wells.

Section 12. Reserved Rights of Developer

Prior Approval by Developer
During the construction and sales period, no buildings, fences, walls, retaining walls, drives, walks or other structures or improvements shall be commenced, erected, maintained, nor shall any addition to, or change or alteration to any structure be made (including in color or design), nor shall any hedges, trees or substantial plantings or landscaping modifications be made until plans and specifications, acceptable to the Developer showing the nature, kind, shape, height, materials, color scheme, location and approximate cost of such structure or improvement and the grading or landscaping plan of the area to be affected shall have been submitted to and approved in writing by the Developer as above provided, and a copy of said plans and specifications, as finally approved, shall be lodged permanently with Review Board, as approved by the Developer.
Developer’s Rights in Furtherance of Development and Sales.
None of the restrictions contained in this Article V shall apply to the commercial activities or signs or billboards if any, of the Developer during the construction and sales period or of the Association in furtherance of its powers and purposes set forth herein and in its Articles of Incorporation, as the same may be amended from time to time. Notwithstanding anything to the contrary elsewhere herein contained, Developer shall have the right throughout the entire construction and sales period to maintain a sales office, a rental management office, business office, construction office, model units, a pro shop, bar and restaurant, storage areas and reasonable parking incident to the foregoing and such access to, from and over the Project as may be reasonable to enable development and sale of the entire project by Developer. Developer shall restore the areas so utilized to habitable status upon termination of use. The construction and interpretation of all provisions hereof shall be in support of the full development and complete sales of all units by Developer in a timely manner id accordance with the Master Deed and as promptly as market conditions permit.
Enforcement of Bylaws.
The Condominium Project shall at all times be maintained in a manner consistent with the highest standards of a beautiful, serene, private, residential community for the benefit of the Co-owners and all persons interested in the Condominium. If at any time the Association fails or refuses to carry out its obligation to maintain, repair, replace and landscape in a manner consistent with the maintenance of such high standards then Developer, or any entity to which Developer may assign this right, at its option, may elect to maintain, repair and/or replace any Common Elements and/or to do any landscaping required by these Bylaws and to charge the cost thereof to the Association as an expense of administration. The Developer shall have the right to enforce these Bylaws throughout the Construction and Sales Period notwithstanding that it may no longer own a Unit in the Condominium which right of enforcement may include ( without limitation) an action to restrain the Association or any Co-owner from any activity prohibited by these Bylaws, expressly including, but not limited to, any action that inhibits or prevents the marketing of all units as per the Master Deed.
Restricted Right of Access to Future Development Condominium Elements
The Co-owners purchasing units shall have no access, use, implied, express, or other rights of any kind except as to those elements which have been expressly given Final Site Plan Approval by the Village of Dryden and constructed by Developer, all such rights being expressly reserved to the Developer, its agents, appointees, and assigns.

Section 13. Utility Tap-in and Connection.
Amended as follows: in 2018 as part of the “FOURTH AMENDMENT TO MASTER DEED OF BELLE RIDGE CONDOMINIUM LAPEER COUNTY CONDOMINIUM SUBDIVISION PLAN NO. 022

Article V, Section 13, entitled “Utility Tap-In and Connection” is deleted and the following is substituted in its place:

Co-owners shall tie into all utility systems at their sole cost and expense, including but not limited to sewer, water, electric, cable, gas (if and when made available) and phone…

Co-owners shall tie into all utility systems at their sole cost and expense, including but not limited to sewer, water, electric, cable, gas (if and when made available) and phone. This provision does not prohibit an on-site septic system if no village sewer taps are available and provided that a septic system permit has been issued by the Lapeer County Health Department for the unit.

ARTICLE VI - MORTGAGES:

ARTICLE VI
MORTGAGES

Section 1. Notice to Association.

Any Co-owner who mortgages his Unit shall notify the Association of the name and address of the mortgagee, and the Association shall maintain such information in a book entitled “Mortgagees of Units”. The Association may, at the written request of a mortgagee of such Unit, report any unpaid assessments due from the Co-owner of such Unit. The Association shall give to the holder of any first mortgage covering any Unit in the Project written notification of any default in the performance of the obligations of the Co-owner of such Unit that is not cured within sixty (60) days.

Section 2. Insurance

The Association shall notify each mortgagee appearing in said book of 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. Notification of Meetings.

Upon request submitted to the Association, any institutional holder of a first mortgage lien on any Unit in the Condominium shall be entitled to receive written notification of every meeting of the members of the Association and to designate a representative to attend such meeting, for informational purposes only.

ARTICLE VII - VOTING:

ARTICLE VII
VOTING

Section 1. Vote.

Except as limited in these Bylaws, each Co-owner shall be entitled to one (1) vote for each Condominium Unit owned at the percentage value established in Article V of the Master Deed.

Section 2. Eligibility to Vote.

No Co-owner, other than the Developer, shall be entitled to vote at any meeting of the Association until he has presented evidence of ownership of a Unit in the Condominium Project to the Association. Except as provided in Article X, Section 2 of these Bylaws, no Co-owner, other than the Developer, shall be entitled to vote prior to the date of the First Annual Meeting held in accordance with section 2 of Article X. The single vote of each Co- owner may be cast only by the individual representative designated by such Co-owner in the notice required in Section 3 of this Article VII or by a proxy given by such individual representative. The Developer shall be the only person entitled to vote at a meeting of the Association until the First Annual Meeting and shall be entitled to vote during such period notwithstanding the fact that the Developer may own no Units at some time or from time to time during such period. At and after the First Annual Meeting the Developer shall be entitled to vote for each Unit which it owns, and Developer shall continue to retain all of its reserved rights as set forth herein until the development and sale of all developed units is completed.

Section 3. Designation of Voting Representative.

Each Co-owner shall file a written notice with the Association designating the individual representative who shall vote at meetings of the Association and receive all notices and other communications from the Association on behalf of such Co-owner. Such notice shall state the name and address of the individual representative designated , the number or numbers of the corporation, partnership, association, trust or other entity who is the Co-owner. Such notice shall be signed and dated by the Co-owner. The individual representative designated may be changed by the Co-owner at any time by filing a new notice in the manner heroin provided.

Section 4. Quorum.

The presence in person or by proxy of thirty-five (35%) percent of the Co-owners qualified to vote shall constitute a quorum for holding a meeting of the members of the Association, except for voting on questions specifically required by the Condominium Documents to require a greater quorum. 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 shall be counted in determining the presence of a quorum with respect to the question upon which the vote is cast.

Section 5. Voting.

Votes may be cast only in person or by writing duly signed by the designated voting representative not present at a given meeting in person or by proxy. Proxies and any written votes must be filed with the Secretary of the Association at or before the appointed time of each meeting of the members of the Association. Cumulative voting shall not be permitted.

Section 6. Majority.

A majority, except where otherwise provided herein, shall consist of more than fifty (50%) percent of those qualified to vote and present in person or by proxy (or written vote, if applicable) at a given meeting of the members of the Association. Whenever provided specifically herein, a majority may be required to exceed the simple majority hereinabove set forth and may require such majority to be one or both number and value as designated voting representatives present in person or by proxy or by written ballot if applicable, at a given meeting of the members of the Association.

ARTICLE VIII - MEETINGS:

ARTICLE VIII
MEETINGS

Section 1. Place of Meeting.

Meetings of the Association shall be held at the principal office of the Association or at such other suitable place convenient to the Co-owners as may be designated by the Board of Directors. Meetings of the Association shall be conducted in accordance with a generally recognized manual of parliamentary procedure, when not otherwise in conflict with the Condominium Documents (as defined in the Master Deed) or the laws of the State of Michigan.

Section 2. First Annual Meeting.

The First Annual Meeting may be convened only by Developer and may be called at any time after more than fifty (50% ) percent of the Units in the Condominium have been sold and the purchasers thereof qualified as members of the Association. In no event, however, shall such meeting be called later than one hundred twenty (120) days after the conveyance of legal or equitable .title to non-developer Co-owners of seventy-five (75%) percent in number of all Units that may be created or fifty-four (54) months after the first conveyance of legal or equitable title to a non-developer Co-owner of a Unit in the Project, whichever first occurs. Developer may call meetings of members for informative or other appropriate purposes prior to the First Annual Meeting and no such meeting shall be construed as the First Annual Meeting. The date, time and place of such meeting shall be set by the Board of Directors, and at least ten (10) days written notice thereof shall be given to each Co-owner. The phrase “Units that may be created” as used in this paragraph and elsewhere in the Condominium Documents refers to the maximum number of Units which the developer is permitted under the Condominium Documents as may be amended, to include in the Condominium.

Section 3. Annual Meetings.

Annual meetings of the Association shall be held on the second Saturday of October each succeeding year after the year in which the First Annual Meeting is held at such time and place as shall be determined by the Board of Directors; provided, however, that the second annual meeting shall not be held sooner than eight (8) months after the date of the First Annual Meeting. At such meetings there shall be elected by ballot of the Co-owners a Board of Directors in accordance with the requirements of Article X of these Bylaws. The Co-owners may also transact at annual meetings such other business of the Association as may properly come before them.

Section 4. Special Meetings.

It shall be the duty of the President to call a special meeting of the Co-owners as directed by resolution of the Board of Directors or upon a petition signed by one-third (1/3) of the Co-owners presented to the Secretary of the Association Notice of any special meeting shall state the time and place of such meeting and the purposes thereof. No business shall be transacted at a special meeting except as stated in the notice.

Section 5. Notice of Meetings.

It shall be the duty of the Secretary (or Association officer in the Secretary’s absence) to serve a notice of each annual or special meeting stating the purpose thereof as well as of the time and place where it is to be held, upon each Co-owner of record, at least ten (10) days but not more than sixty (60) days prior to such meeting. The mailing, postage prepaid, of a notice to the representative of each Co-owner at the address shown in the notice required to be filed with the Association by Article VII, Section 3 of these Bylaws shall be deemed notice served. Any member may, by written waiver of notice signed by such member, waive such notice and such waiver when filed in the records of the Association shall be deemed due notice.

Section 6. Adjournment.

If any meeting of Co-owners cannot be held because a quorum is not in attendance, the Co-owners who are present may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.

Section 7. Order of Business.

The order of business at all meetings of the members shall be as follows: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of officers; (e) reports of committees; (f) appointment of inspector of elections (at annual meetings or special meetings held for purpose of election of Directors or officers); (g) election of Directors (at annual meeting or special meetings held for such purpose); (h) unfinished business; and (i) new business. Meetings of members shall be chaired by the most senior officer of the Association present at such meeting. For purpose of this Section, the order of seniority of officers shall be President, Vice President, Secretary and Treasurer.

Section 8. Action without Meeting.

Any action which may be taken at a meeting of the members (except for the election or removal of Directors) may be taken without a meeting by written ballot of the members. Ballots shall be solicited in the same manner as provided in Section 5 for the giving of notice of meetings of members. Such solicitations shall specify: (a) the number of responses needed to meet the quorum requirements; (b) the percentage of approvals necessary to approve the action; and (c) the time by which ballots must be received in order to be counted. The form of written ballot shall afford an opportunity to specify a choice between approval and disapproval of each matter and shall provide that, where the member specifies a choice, the vote shall be cast in accordance therewith. Approval by written ballot shall be constituted by a receipt within the time period specified in the solicitation of (i) a number of ballots which equals or exceeds the quorum which would be required if the action were taken at a meeting; and (ii) a number of approvals which equals or exceeds the number of votes which would be required for approval if the action were taken at a meeting at which the total number of votes cast was the same as the total number of ballots cast.

Section 9. Consent of Absentees.

The transactions at any meeting of members, either annual or special, however called and noticed, shall be as valid as though made at a meeting duly held after regular call and notice, if a quorum be present either in person or by proxy; and if, either before or after the meeting, each of the members not present in person or by proxy, signs a written waiver of notice, or a consent to the holding of such meeting, or a approval of the minutes thereof. All such waivers, consents or approvals shall be filed with the corporate records or made a part of the minutes of the meeting.

Section 10. Minutes, Presumption of Notice.

Minutes or a similar record of the proceedings of meetings of members, when signed bv the President or Secretary, shall be presumed truthfully to evidence the matters set forth therein. A recitation in the minutes of any such meeting that notice of the meeting was properly given shall be prima facie evidenced that such notice was given.

ARTICLE IX - ADVISORY COMMITTEE:

ARTICLE IX
ADVISORY COMMITTEE

Within one (1) year after conveyance of legal or equitable title to the first Unit in the Condominium to a purchaser or within one hundred twenty (120) days after conveyance to purchasers of one-third (1/3) of the total number of Units that may be created whichever first occurs, the Developer shall cause to be established and created an Advisory Committee to consist of at least three (3) non-developer Co-owners to be elected by the non- developer Co-owners. The purpose of the Advisory Committee shall be to facilitate communications between the temporary Board of Directors and the non-developer Co-owners and to aid the transition of control of the Association from the Developer to purchaser Co-owners. The Advisory Committee shall cease to exist automatically when the non Developer Co-owners have the voting strength to elect a majority of the Board of Directors of the Association. The Developer may remove and replace at its discretion at any time any member of the Advisory Committee who has not been elected thereto by the Co-owners.

ARTICLE X - BOARD OF DIRECTORS:

ARTICLE X
BOARD OF DIRECTORS

Section 1. Number and Qualifications of Directors.

The Board of Directors shall be comprised of at least three (3) and no more than seven (7) as may from time to time be fixed by the Board of Directors all of whom must be members of the Association or officers, partners, trustees, employees or agents of members of the Association. Directors shall serve without compensation.

Section 2. Election of Directors.

First Board of Directors.
The First Board of Directors shall be composed of three (3) persons and such first Board of Directors, or its successors as selected by the Developer, shall manage the affairs of the Association until the appointment of the first non-developer Co-owners to the Board. Elections for non-developer Co-owner Directors shall be held as provided in subsections B and C below.
Appointment of Non-Developer Co-owners to Board Prior to First Annual Meeting.
Not later than one hundred twenty (120) days after conveyance of legal or equitable title to non-developer Co- owners of twenty-five (25%) percent of the Units that may be created, one-third (1/3) of the Directors shall be selected by non-developer Co-owners. When the required percentage level of conveyance has been reached the Developer shall notify the non-developer Co-owners and request that they hold a meeting and elect the required Director. Upon certification to the Developer by the Co-owners of the Director so elected, the Developer shall then immediately appoint such Director to the Board to serve until the First Annual Meeting unless he is removed pursuant to Section 7 of this Article or he resigns or becomes incapacitated.
Election of Directors at and After First Annual Meeting.
1. Not later than one hundred twenty (120) days after conveyance of legal or equitable title to non-developer Co- owners of seventy-five (75%) percent of the Units that may be created and before conveyance of ninety (90%) percent 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 (1) Director as long as the Units that remain to be created and sold equal at least ten (10%) percent of all Units that may be created in the Project. Whenever the seventy-five (75%) percent conveyance level is achieved, a meeting of Co-owners shall be promptly convened to effectuate this provision, even if the First Annual Meeting has already occurred.
2. Notwithstanding the formula above, fifty-four (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 seventy-five (75%) percent of the Units that may be created has not been conveyed, the non-developer Co-owners have the right to elect as provided in the Condominium Documents, a number of members of the Board of Directors of the Association of Co- owners equal to the percentage of Units they hold, and the Developer has the right to elect as provided in the Condominium Documents, a number of members of the Board equal to the percentage of Units which are owned by the Developer.
3. If the calculation of the percentage of members of the Board of Directors that the non-developer Co-owners have the right to elect as above provided, or if the product of the number of members of the Board of Directors multiplied by the percentage of Units held by the non-developer Co-owners to elect a fractional number of members of the Board of Directors, 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 of right to elect. After application of this formula the Developer shall have the right to elect the remaining members of the Board of Directors. Application of this subsection shall not eliminate the right of the Developer to designate one (1) member as provided.
4. At the First Annual Meeting three (3) Directors shall be elected for a term of one (1) year. The Directors shall hold office until their successors have been elected and hold their first meeting.
5. Once the Co-owners have acquired the right hereunder to elect a majority of the Board of Directors, annual meetings of Co-owners to elect Directors and conduct other business shall be held in accordance with the provisions of Article VIII, Section 3 hereof.

Section 3. Powers and Duties.

The Board of Directors shall have the powers and duties necessary for the administration of the affairs of the Association and may do all acts and things as re not prohibited by the Condominium Documents or required thereby to be exercised and done by the Co-owners.

Section 4. Other Duties.

In addition to the foregoing duties imposed by these Bylaws or any further duties which may be imposed by resolution of the members of the Association, the Board of Directors shall be responsible specifically for the following:

To manage and administer the affairs of and to maintain the Condominium Project and the Common Elements thereof.
To levy and collect assessments from the members of the Association and to use the proceeds thereof for the purposes of the Association.
To carry insurance and collect and allocate the proceeds thereof.
To rebuild improvements after casualty.
To contract for and employ persons, firms, corporations or other agents to assist in the management, operation, maintenance and administration of the Condominium Project.
To acquire, maintain and improve, and to buy, operate, manage, sell, convey, assign, mortgage or lease any real or personal property (including any Unit in the Condominium and easements, rights-of-way and licenses) on behalf of the Association in furtherance of any of the purposes of the Association.
To borrow money and issue evidences of indebtedness in furtherance of any or all of the purposes of the Association, and to secure the same by mortgage, pledge, or other lien on property owned by the Association provided, however that no such action shall also be approved by affirmative vote of seventy-five (75%) percent of all of the members of the Association
To make rules and regulations in accordance with Article V, Section 9 of these Bylaws.
To establish such committees as it deems necessary, convenient or desirable and to appoint persons thereto for the purpose of implementing the administration of the Condominium and to delegate to such committees any functions or responsibilities which are not by law or the Condominium Documents required to be performed by the Board.
To enforce the provisions of the Condominium Documents.

Section 5. Management Agent.

The Board of Directors may employ for the Association a professional management agent (which may include the Developer or any person or entity related thereto) at a reasonable compensation established by the Board to perform such duties and services as the Board shall authorize, including, but not limited to, the duties listed in Sections 3 and 4 of this Article. The Board may delegate to such management agent any other duties or powers which are not by law or by the Condominium Documents required to be performed by or have the approval of the Board of Directors or the members of the Association. In no event shall the Board be authorized to enter into any contract with a professional management agent, or any other contract providing for services by the Developer sponsor or builder, in which the maximum term is greater than three (3) years or which is not terminable by the Association upon ninety (90) days’ written notice thereof to the other party and no such contract shall violate the provisions of Section 55 of the Act. The Developer expressly reserves the right of final approval over all such contracts until such time as the final developed unit has been sold.

Section 6. Vacancies.

Vacancies in the Board of Directors which occur after the Transitional Control Date caused by any reason other than the removal of a Director by vote of the members of the Association shall be filled by vote of the majority of the remaining Directors, even though they may constitute less than a quorum, except that the Developer shall be solely entitled to fill the vacancy of any Director whom it is permitted in the first instance to designate. Each person so elected shall be a Director until a successor is elected at the next annual meeting of the Association. Vacancies among non-developer Co-owner elected Directors which occur prior to the Transitional Control Date may be filled only through election by non-developer Co-owners and shall be filled in the manner specified in Section 2 ( b) of this Article.

Section 7. Removal.

At any regular or special meeting of the Association duly called with due notice of the removal action proposed to be taken, any one or more of the Directors may be removed with or without cause by the affirmative vote of more than fifty (50%) percent of all the Co-owners and successor may then and there be elected to fill any vacancy thus created. The quorum requirement for the purpose of filling such vacancy shall be the normal thirty-five (35%) percent requirement set forth in Article VII, Section 4. Any Director whose removal has been proposed by the Co- owners shall be given an opportunity to be heard at the meeting. The Developer may remove and replace any or all of the Directors selected by it at any time or from time to time in its sole discretion. Likewise, any Director selected by the non-developer Co-owners to serve before the First Annual Meeting may be removed before the First Annual Meeting in the same manner set forth in this paragraph for removal of Directors generally.

Section 8. First Meeting.

The first meeting of a newly elected Board of Directors shall be held within ten (10) days of election at such place as shall be fixed by the Directors at the meeting at which such Directors were elected and no notice shall be necessary to the newly elected Directors in order legally to constitute such meeting, providing a majority of the whole Board shall be present.

Section 9. Regular Meetings.

Regular meetings of the Board of Directors may be held at such times and places as shall be determined from time to time by a majority of the Directors, but at least two (2) such meetings shall be held during each fiscal year. Notice of regular meetings of the Board of Directors shall be given to each Director, personally, by mail, telephone or telegraph at least ten (10) days prior to the date named for such meeting.

Section 10. Special Meetings.

Special meetings of the Board of Directors may be called by the President on three (3) days notice to each Director, given personally, by mail, telephone or telegraph, which shall state, the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and on like notice on the written request of two (2) Directors. Section 11. Waiver of Notice.

Before, or at any meeting of the Board of Directors, any Director may, in writing, waive notice of such meeting and such waiver shall be deemed a waiver of notice by him of the time and place thereof. If all the Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.

Section 12. Adjournment.

At all meetings of the Board of Directors, a majority of the Directors shall constitute a quorum for the transaction of business, and the acts of the majority of the Directors present at a meeting at which a quorum is present shall be the acts of the Board of Directors. If, at any meeting of the Board of Directors, less than a quorum is present, the majority of those present may adjourn the meeting to a subsequent time upon twenty-four (24) hours prior written notice delivered to all Directors not present. At any such adjourned meeting, any business which might have been transacted at the meeting as originally called may be transacted without further notice. The joinder of a Director in the action of a meeting by signing and concurring in the minutes thereof shall constitute the presence of such Director for purpose of determining a quorum.

Section 13. First Board of Directors

The actions of the first Board of Directors of the Association or any successors thereto selected or elected before the Transitional Control Date shall be binding upon the Association so long as such actions are within the scope of the powers and duties which may be exercised generally by the Board of Directors as provided in the Condominium Documents.

Section 14. Fidelity Bonds.

The Board of Directors shall require that all officers and employees of the Association handling or responsible for the Association funds shall furnish adequate fidelity bonds. The premiums on such bonds shall be expenses of administration.

ARTICLE XI - OFFICERS:

ARTICLE XI
FFICIERS

Section 1. Officers.

The principal officers of the Association shall be a President, who shall be a member of the Board of Directors, a Vice President, a Secretary and a Treasurer. The Directors may appoint an Assistant Treasurer, and an Assistant Secretary., and such other officers as in their judgment may be necessary. Any two (2) offices except that of President and Vice President may be held by one (1) person.

President.
The President shall be the chief executive of the Association. He shall preside at all meetings of the Association and of the Board of Directors. He shall have all of the general powers and duties which are usually vested in the office of the President of an association, including, but not limited to, the power to appoint committees from among the members of the Association from time to time as he may in his discretion deem appropriate to assist in the conduct of the affairs of the Association.
Vice President.
The Vice President shall take the place of the President and perform his duties whenever the President shall be absent or unable to act. If neither the President nor the Vice President is able to act, the Board of Directors shall appoint some other member of the Board to so do on an interim basis. The Vice President shall also perform such other duties as shall from time to tie be imposed upon him by the Board of Directors.
Secretary.
The Secretary shall keep the minutes of all meetings of the Board of Directors and the minutes of all meetings of the members of the Association; he shall have charge of the corporate seal,, if any, and he shall, in general perform all duties incident to the office of the Secretary.
Treasurer.
The Treasurer shall have full responsibility for the Association funds and securities and shall be responsible for books belonging to the Association. He shall be responsible for the deposit of all monies and other valuable effects in the name and to the credit of the Association, and in such depositories as may, from time to time be designated by the Board of Directors.

Section 2. Election.

The officers of the Association shall be elected annually by the Board of Directors at the organizational meeting of each new Board and shall hold office at the pleasure of the Board.

Section 3. Removal.

Upon affirmative vote of a majority of the members of the Board of Directors, any officer may be removed only with cause, and his successor elected at any regular meeting of the Board of Directors or at any special meeting of the Board called for such purpose. No such removal action may be taken, however, unless the matter shall have been included in the notice of such meeting. The officer who is proposed to be removed shall be given an opportunity to be heard at the meeting.

Section 4. Duties.

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

ARTICLE XII - SEAL:

ARTICLE XII
SEAL

The Association may (but need not) have a seal. If the Board. determines that the Association shall have a seal then it shall have inscribed thereon the name of the Association, the words "corporate seal", and Michigan.

ARTICLE XII - FINANCE:

Note: Although this is technically Article XIII (13), it is listed in the master deed as a duplicate Article XII (12), and thus is listed below as such.

ARTICLE XII
FINANCE

Section 1. Records.

The Association shall keep detailed books of account showing all expenditures and receipts of administration which shall specify the maintenance and repair expenses of the Common Elements and any other expenses incurred by or on behalf of the Association and the Co-owners. Such accounts and all other Association records shall be open for inspection by the Co-owners and their mortgagees during reasonable working hours. The Association shall prepare and distribute to each Co-owner at least once a year a financial statement, the contents of which shall be defined by the Association. The books of account shall be audited at least annually by qualified independent auditors; provided, however, that such auditors need not be certified public accountants nor does such audit need to be a certified audit. Any institutional holder of a first mortgage lien on any Unit in the Condominium shall be entitled to receive a copy of such annual audited financial statement within ninety (90) days following the end of the Association’s fiscal year upon request therefore. The costs of any such audit and any accounting expenses shall be expenses of administration.

Section 2. Fiscal Year.

The fiscal year of the Association shall be an annual period commencing on such date as may be initially determined by the Directors. The commencement date of the fiscal year shall be subject to change by the Directors for accounting reasons or other good cause.

Section 3. Bank.

Funds of the Association shall be initially deposited in such bank or savings association as may be designated by the Directors and shall be withdrawn only upon the check or order of such officers, employees or agents as are designated by resolution of the Board of Directors from time to time. The funds may be invested from time to time in accounts or deposit certificates of such bank or savings association as are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan insurance Corporation and may also be invested in interest- bearing obligations of the United States Government.

ARTICLE XIV - INDEMNIFICATION OF OFFICERS AND DIRECTORS:

ARTICLE XIV
INDEMNIFICATION OF OFFICERS AND DIRECTORS

Every Director and officer of the Association shall be indemnified by the Association against all expenses and liabilities, including counsel fees, reasonably incurred by or imposed upon him in connection with any proceeding to which he may be a party or in which he may become involved by reason of his being or having been a Director or officer of the Association, whether or not he is a Director or officer at the time such expenses are incurred except in such cases wherein the Director or officer is adjudged guilty of willful or wanton misconduct or gross negligence in the performance of his duties; provided that, in the event of any claim for reimbursement or indemnification hereunder based upon a settlement by the Director or officer seeking such reimbursement or indemnification, the indemnification herein shall apply only if the Board of Directors (with the Director seeking reimbursement abstaining) approves such settlement and reimbursement as being the best interest of the Association. The foregoing right of indemnification shall be in addition to and not exclusive of all other rights to which such Director or officer may be entitled. At least ten (10) days prior to payment of any indemnification which it has approved, the Board of Directors shall notify all Co-owners thereof. Further, the Board of Directors is authorized to carry officers’ and directors’ liability insurance covering acts of the officers and Directors of the Association in such amounts as it shall deem appropriate.

ARTICLE XV - AMENDMENTS:

ARTICLE XV
AMENDMENTS

Section 1. Proposal.

Amendments to these Bylaws may be proposed by the Board of Directors of the Association acting upon the vote of the majority of the Directors or may be propose by one-third (1/3) or more of the Co-owners by instrument in writing signed by them.

Section 2. Meeting.

Upon any such amendment being proposed, a meeting for consideration of the same shall be duly called in accordance with the provisions of these Bylaws.

Section 3. Voting.

These Bylaws may be amended by the Co-owners at any regular annual meeting or a special meeting called for such purpose by an affirmative vote of not less than sixty-six and two-thirds (66-2/3%) percent of all Co-owners. No consent of mortgagees shall be required to amend these Bylaws unless such amendment would materially alter or change the rights of such mortgagees, in which event the approval of sixty-six and two-thirds (66-2/3%) percent of first mortgagees shall be required with each mortgagee to have one (1) vote for each mortgage held.

Section 4. By Developer.

Developer’s General Right of Amendment.
Pursuant to Section 90 (1) of the Act, the Developer hereby reserves the right, on behalf of itself and on behalf of e Association, to amend these Bylaws without approval of any Co-owner or mortgagee unless the amendment would materially alter or change the rights of a Co-owner or Mortgagee, in which event mortgagee consent shall be required as provided in Section 3 above.
Developer’s Reservation of Additional Rights.
Pursuant to the terms of the Condominium Act 59 of 1978, and in addition to those reservations and restrictions set forth elsewhere herein, Developer expressly reserves the following additional rights:
1. The right to relocate boundaries between adjoining condominium units for the purpose of improving or enhancing the usefulness, suitability or marketability of the Condominium Units for residential construction and site utilization, in Developer’s sole discretion.
2. The right to terminate, contract, convert, or expand the units for these same purposes set forth in the prior paragraph 1 hereof.
3. That all such reservations and rights shall continue for a period not to exceed 6 years from the recordation of this Master Deed, or upon the sale of the final developed Condominium Unit of the Belle Ridge Condominium Subdivision, whichever shall occur first.
4. To amend, modify, or terminate the provisions of the Bylaws and Articles of the Association, unless otherwise expressly restricted by the Condominium Act.
Special Rules for Management and Assessments – Attached Condominium Units.
The Developer expressly reserves the right to provide and establish separate rules for management, assessment, and to include, at Developer’s sole discretion, the right to the distinct treatment and separation of the Board of Directors into a Detached Unit Board and an Attached Unit Board, each with the same general and specific powers set forth herein, but limited in scope and application only to those Units which are specifically designated by Developer as Detached Units or as Attached Units.

The purpose of this reservation is to recognize that there are unique maintenance, repair and cost assessment questions which are unique to the attached units and which would be treated as individual costs by the Detached Unit owners. The formula and method of delineating such maintenance allocations hall be determined by Developer, in its sole discretion, at a later date, and Amendments reflecting such formulas and methods shall be duly filed and recorded and deemed a part hereof.

Section 5. When Effective.

Any amendment to these Bylaws shall become effective upon recording of such amendment in the office of the Lapeer County Register of Deeds

Section 6. Binding.

provided, however, that any amendment to these Bylaws that is adopted in accordance with this Article shall be binding upon all persons who have an interest in the Project irrespective whether such persons actually receive a copy of the amendment.

ARTICLE XVI - COMPLIANCE:

ARTICLE XVI
COMPLIANCE

The Association of Co-owners and all present or future Co-owners, tenants, or any other persons acquiring an interest in or using the facilities of the Project in any manner are subject to and shall comply with the Act as amended and the mere acquisition, occupancy or rental of any Unit or an interest therein or the utilization of or entry upon the Condominium Premises shall signify that the Condominium Documents are accepted and ratified. In the event the Condominium Documents conflict with the provisions of the Act, the Act shall govern.

ARTICLE XVII - DEFINITIONS:

ARTICLE XVII
DEFINITIONS

All terms used herein shall have the same meaning as set forth in the Master Deed to which these Bylaws are attached as an Exhibit or as set forth in the Act.

ARTICLE XIII - REMEDIES FOR DEFAULT:

ARTICLE XIII
REMEDIES FOR DEFAULT

Any default by a Co-owner shall entitle the Association or another Co-owner or Co-owners to the following relief:

Section 1. Legal Action

Failure to comply with any of the terms or provisions of the Condominium Documents shall be grounds for relief, which may include, without intending to limit the same, an action to recover sums due for damages, injunctive relief, foreclosure of lien (if default in payment of assessment) or any combination thereof, and such relief may be sought by the Association or, if appropriate, by an aggrieved Co-owner or Co-owners.

Section 2. Recovery of Cost.

In any proceeding arising because of an alleged default by any Co-owner, the Association, if successful, shall be entitled to recover the costs of the proceeding and such reasonable attorney’s fees (not limited to statutory fees) as may be determined by the court but in no event shall any Co-owner be entitled to recover such attorney’s fees.

Section 3. Removal and Abatement.

The violation of any of the provisions of the Condominium Documents shall also give the Association or its duly authorized agents the right, in addition to the rights set forth above, to enter upon the Common Elements, Limited or General, or into any Unit and the improvements thereon, where reasonably necessary, and summarily remove and abate, at the expense of the Co-owner in violation, any structure, thing. Or condition existing or maintained contrary to the provisions of the Condominium Documents. The Association shall have no liability to any Co-owner arising out of the exercise of its removal and abatement power authorized herein.

Section 4. Assessment of Fines.

The violation of any of the provisions of the condominium Documents by any Co-owner shall be grounds for assessment by the Association, acting through its duly constituted Board of Directors, of monetary fines for such violations. No fine may be assessed unless rules and regulations establishing such fine have first been duly adopted by the Board of Directors of the Association and notice thereof given to all Co-owners in the same manner as prescribed in Article VIII, Section 5 of these Bylaws. Thereafter, fines may be assessed only upon notice to the offending Co-owners as prescribed in said Article VIII, Section 5 and an opportunity for such Co-owner to appear before the Board no less than seven (7) days from the date of the notice and offer evidence in defense of the alleged violation. All fines duly assessed may be collected in the same manner as provided in Article II of these Bylaws. No fine shall be levied for the first violation. No fine shall exceed twenty-five ($25.00) Dollars for the second violation, Fifty ($50.00) Dollars for the third violation or One hundred ($100.00) Dollars for any subsequent violation.

Section 5. Non-Waiver of Right.

The failure of the Association or of any Co-owner to enforce any right, provision, covenant or condition which may be granted by the Condominium Documents shall not constitute a waiver of the right of the Association or of any such Co-owner to enforce such right provision, covenant or condition in the future.

Section 6. Cumulative Rights, Remedies and Privileges.

All rights, remedies and privileges granted to the Association or any Co-owner or Co-owners pursuant to any terms, provisions, covenants or conditions of the Condominium Documents shall be deemed to be cumulative and the exercise of any one or more shall not be deemed to constitute an election of remedies nor shall it preclude the party thus exercising the same from exercising such other and additional rights, remedies or privileges as may be available to such party at law or in equity.

Section 7. Enforcement of Provisions of Condominium Documents.

A Co-owner may maintain an action against the Association and its officers and Directors to compel such persons to enforce the terms and provisions of the Condominium Documents. A Co-owner may maintain an action against any other Co-owner for injunctive relief or for damages or any combination thereof for noncompliance with the terms and provisions of the Condominium Documents or the Act. A Co-owner’s enforcement of such rights shall be in addition to the basic rights and responsibilities set forth in the Constitution of the United States of America.

ARTICLE XIX - RIGHTS RESERVED TO DEVELOPER:

ARTICLE XIX
RIGHTS RESERVED TO DEVELOPER

Any or all of the rights and powers granted or reserved to the Developer in the Condominium Documents or by law including the right and power to approve or disapprove any act, use, or proposed action or any other matter or thing may be assigned by it to any entity or to the Association. Any such assignment or transfer shall be made by appropriate instrument in writing in which the assignee or transferee shall join for the purpose of evidencing its consent to the acceptance of such powers and rights and such assignee or transferee shall thereupon have the same rights and powers as herein given and reserved to the Developer. Any rights and powers reserved or retained by Developer or its successors shall expire and terminate, if not sooner assigned to the Association, at the conclusion of the construction and sales period as defined in Article III of the Master Deed. The immediately preceding sentence dealing with the expiration and termination of certain rights and powers granted or reserved to the Developer is intended to apply insofar as the Developer is concerned, only to Developer’s rights to approve and control the administration of the Condominium and shall not, under any circumstances, be construed to apply to or cause the termination and expiration of any real property rights granted or reserved to the Developer or its successors and assigns in the Master Deed or elsewhere (including, but not limited to, access easements, utility easements and all other easements and all other easements created and reserved in such documents which shall not be terminable in any manner hereunder and which shall be governed only in accordance with the terms of their creation or reservation and not hereby.

ARTICLE XX - SEVERABILITY:

ARTICLE XX
SEVERABILITY

In the event that any of the terms, provisions or covenants of these Bylaws or the Condominium Documents 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 held to be partially invalid or unenforceable.

Belle Ridge Bylaws