Witnesseth:
WHEREAS, Developer is the land contract purchaser of real property described in Article II of this Declaration and desires to create thereon a residential community with permanent parks, playgrounds, open spaces, and other common facilities for the benefit of said community; and
WHEREAS, Developer desires to provide for the preservation of the values and amenities in said community and for the maintenance of said parks, playgrounds, open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto (as provided in Article II) to the covenants, restrictions, easements, charges and liens, hereinafter set forth, each and all of which is and are for the benefit of said property and each owner thereof; and
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Developer shall cause to be incorporated under the laws of the State of Michigan, as a non-profit corporation,
NOW THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made pursuant to Article II hereof, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (sometimes referred to as "covenants and restrictions") hereinafter set forth.
all of which real property shall hereinafter be referred to as "Existing Property."
At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members or of proxies, entitled to cast sixty percent (60%) of all votes of the membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement as set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
Written notice of the assessment shall thereupon be sent to every owner subject thereto.
The Association shall upon demand at any time furnish to any owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
If the assessment is not paid within thirty (30) days after the delinquency date, a penalty fee not to exceed $2.00 shall be added thereto and from that date interest at the rate of six percent (6%) per annum may be added to the delinquent balance and penalty and the Association may bring an action at law against the owner personally obligated to pay the same or to foreclose the lien against the property. There shall be added to such assessment, delinquent fee and interest and the cost of preparing and filing Complaint in such action and in the event that Judgment shall include interest on the total amount as above provided and reasonable attorney's fee to be fixed by the court together with the costs of the action.
Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.
Note: In this Declaration, as recorded, the Article number for this Section was omitted (unintentionally, it appears). The transcriber (Gregory Wood, trustee for successor-in-interest to Developer) has added the Article number for clarity. However, this may cause confusion in such instances as, for example, the Declaration at Liber 356, Page 535, which lists Health Restrictions as Article VIII, and Light Restrictions as Article IX. In order to preserve the best possible clarity, this Transcriber has moved Health Restrictions to Article VII, Section 7, and moved Light Restrictions to Article VII, Section 8.
Pine River Development Co.
a Division of
Pine River Timber Co.
A Michigan Corporation
Transcribed by Gregory Wood, trustee, successor-in-interest to the Developer, using the declaration of covenants recorded at Liber 356, Page 535, of the records of the Register of Deeds in and for Osceola County, Michigan. If any errors or omissions are found, please address them via email to the hostmaster, at rlfpoa dot org.