Homeowners Association Michigan Non Profit Bylaws by ypn69550

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									                                  Brookedale West Homeowners Association
                           Bylaws, Declarations of Restrictions and Open Space Plan
                                     Summary Prepared November 1998

                              Basi s for changing the Declaration of Re strictions


Agreement for Subdivi sion Open Space Plan Brookedal e West Subdivi sion dated January 14, 1979
recorded at Oakland County Regi ster of Deeds Liber 7473 Page 213, agreement between Avon Township
and the subdivi sion developer, Walton Developm ent Company. Creates Common Area and the duties and
responsibilities of the Homeowners Association. In April 1995, the Homeowners Association proposed to
eliminate this document as duplicative of the Bylaws and Declaration of Restrictions. No action was taken by the
Homeowners Association. Revisions in the Open Space Plan would require the approval of A von Township (now
Rochester Hills). The City and the County have a copy of the Open Space Agreement.

Decl aration of Restrictions for Brookedal e West Subdivi sion dated October 10, 1978 recorded at Oakland
County Regi ster of Deeds Liber 7485 Page 792. Subdivision developer, Walton Development Company,
subjects Subdivision and Common Area to deed restrictions. In A pril 1995, the Homeowners Association
proposed to revise this agreement to: 1) include restrictions on exterior maintenance, discharging weapo ns, and
obtaining approval for fences (including dog runs); and 2) include right to ent er and impose fines. In May 1995,
although a majority of the homeowners voted in favor of this proposal, the Declaration of Restrictions required
90% approval and there were not sufficient number of vot es cast to amend this document. The Declaration of
Restrictions may be amended in within the first 20 years by the approval of 90% of the homeowners, and
thereafter by 75% of the homeowners. Rochester Hills approval would b e necessary if the amendments affected
the Open Space Plan. The Declaration of Restrictions is dated October 10, 1978, but was not recorded until April
17, 1979; therefore, 75% approval begins on or after April 18, 1999. The City and County have a copy of the
Declaration of Restrictions.

Bylaws of the Brookedale West Hom eowners A ssociation dated 1979. Establishes the organizational
structure and res ponsibilities of Homeowners Association. The Bylaws were amended by the homeowners at the
February 1995 annual meeting. The amendments relating to increasing annual assessments (bylaws by 8%,
declaration 5% ) and interest penalties (bylaws 8%, declaration 5%) now conflict with the Declaration of
Restrictions, and the Declaration of Restrictions take precedent and must be followed. The City has a copy of the
revis ed Bylaws.




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                  Proposed Amendments to the Brookedale West Declaration of Re strictions

The Brookedale West Subdivision is a planned residential community situated in the city of Rochester Hills and is
described as follows:

          Lots 1 through 182 of Brookedale West Subdivision according to the lat thereof, recorded in Liber 164
          pages 30 through 32 inclusive, of Plats, Oakland County Records.

The original developer of the subdivision, Walton Development Company, declared that the subdivision is subject
to certain covenants, restrictions, easements, charges, and liens as described in the Declaration of Restrictions
for Brook edale west Subdivision, dated October 10, 1978, and recorded on April 17, 1979 in Liber 7485, pages
792 through 808, Oakland County Records.

The Brookedale West Homeowners Association proposes the following amendments to the Declaration of
Restrictions. Not Less than 75% of the lot owners must express their consent and approval to the amendments
set forth below.


Item I

Update the declaration of Restrictions for the current names:

    a. Replace all occurrences of Avon Township with The City of Rochester Hill s
    b. Replace all occurrences of WALTON DEVELOPMENT COMPA NY, a Michigan Corporation with
       BROOKEDALE WEST HOMEOWNERS ASSOCIATION, a Michigan Non -Profit Corporation,
    c. Replace all occurrences of “3250 West Big Beaver Road, Suite 526, Troy Michigan, 48084” with
       “the address for the homeowners association as noted in the most recent newsletter”

Item II

Append the following to the end of Article VII, Section 1

A violation of any of the restrictions outlined in Declaration of Restrictions - article X Section X (based on
what sections are approved below li sted under Item III) occurring after May 10, 2005, shall result in a ten
dollar ($10.00) per week penal ty be levi ed on the property from 10 days after receipt of notice directed by
the board, until the violation is corrected. The violation notice will be delivered vi a certified mail return
receipt required and, if the addressee refuses to accept the certified mail, the notice will be considered
delivered 5 days after being mailed via standard first class mail with proof of mailing. The determination
of any violation occurring and being corrected requires a m ajority vote of the currently el ected board of
directors.

All penalties will be billed in December and June of each year. Any penalty not paid within 30 days of
invoice shall bear interest at the rate of eight percent (8.0%) per annum. An owner failing to pay the
penalty i s subject to a lien placed on hi s/her property. The A ssociation will have the right to bring legal
action against the property owner to collect the assessed penalty, interest, fees, and cost of collecting
the fees. The penal ty, together with interest thereon, collection cost, including reasonable attorney’ s fees
shall be a charge on the land and shall be a continuing lien upon the property against which each such
penalty i s made.




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Item III

Note: The underlined text is a label and intended to assist in identification of section only. The full text of each
affected section is shown below. Revisions are shown in bold red italics.

Article VI, Section 1: Use of Property
All lots within The Subdivision shall be used for single residence purposes only, and no building of any kind
whatsoever shall be erected, re-erected, moved or maintained on any lot in The Subdivision except one detached
single family dwelling and appurtenant buildings on each lot, as hereinafter provided. Such dwelling shal l be
designed and erected for occupation by a single private family. A private, attached garage for the sole use of the
respective Owner or occupant of the lot upon which said garage is erected may also be erected and maintained.
No garage shall provide space for less than two (2) automobiles. Carports are specific ally prohibited. Thi s
section i s enforceable in accordance with Article VII, Section 1.

Article VI, Section 4: Animals
No farm animals or wild animals shall be kept, bred or harbored on any of the said lots. No animals shall be kept,
bred, or maintained on any lot, excepting that household pets may be kept for the use by the Owner and
members of his family. No animals shall be kept on the premises for any commercial purpose. Household pets
shall have such care so as not to be objectionable or offensive due to noise, odor or uns anitary conditions. This
section i s enforceable in accordance with Article VII, Section 1.

Article VI, Section 6: Sight Di stance at Intersections
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between t wo (2) and six (6) feet
above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by
the street property lines and a line connecting them at points twenty five (25) feet from the intersection of the
street lines, or in the case of a rounded property corner, from the intersection of the street property lines
extended. No tree shall be permitted to remain within such distances of such intersections unless the foliage line
is maintained at sufficient height to prevent obstruction of such sight lines. This section is enforceable in
accordance with Article VII, Section 1.

Article VI, Section 8: Temporary Structure s
Trailers, tents, shacks, barns, or any temporary structures of any description whatsoever, are expressly prohibited
within The Subdivision, and no temporary residence shall be permitted in an unfinished residential building,
unless the occupant has attained a temporary certific ate of occupancy from The City of Rochester Hill s.
However, the erection of a temporary storage building for materials and supplies to be used in the construction of
a dwelling, and which shall be removed from the premises upon completion of the building is permitted. The
Board of Directors may grant a temporary revocable waiver for play structures or other temporary
structures. Thi s section i s enforceable in accordance wi th Article VII, Section 1.

Article VI, Section 9a: No lot shall be used or maintained as a dumping ground…
No lot or common area shall be used or maintained as a dumping ground for rubbish, trash, garbage or other
waste, and all of the foregoing shall be kept in sanitary containers properly sealed and conc ealed from public
view. Garbage containers shall not be left at the road for more than twenty four (24) hours in any one-week.
This section i s enforceable in accordance with Article V II, Section 1.

Article VI, Section 9b: No House trailers, commercial vehicles, boat trailers, boats…
No house trailers, commercial vehicles, boat trailers trailers of any type, recreational vehicles, boats, camping
vehicles or camping trailers may be parked on or stored on any lot in The Subdivision, unless stored fully
enclosed within an attached garage. Commercial vehicles and trucks shall not be parked in The Subdivision or
on any lot therein, except while making normal deliveries or pickups in the normal course of business. Boats,
trailers of any type, recreational vehicl es, camping trailers, or camping vehi cles may be exempted for
periods not to exceed 8 days in any 30-day period. This section i s enforceable in accordance with Article
VII, Section 1.




                                                      Page 3 of 5
Article VI, Section e: No “through the wall” air conditioners may….
No “through the wall” air conditioners may be installed on the front wall or sidewall of any building in The
Subdivision. Thi s section i s enforceabl e in accordan ce with Articl e VII, Section 1.

Article VI, Section f: No outside compre ssors for central air…
No outside compressors for central air conditioning units may be located ot her than in the rear yard and must be
installed and maintained in such a manner so as to create no nuisance to the residents of adjac ent dwellings.
This section i s enforceable in accordance with Article V II, Section 1.

Article VI, Section h: No above ground swimming pools shall…
No above ground swimming pools shall be permitted. A children’s wading pool, not more than si x (6) feet in
diameter and not more than two (2) feet high, which requires no mechanical or electrical filtration system, shall
be permitted if utilized on a seasonal basis behind the dwelling, wherein it is not visible from the street and
                                                                                  th
provided that same is removed and stored wit hin the dwelling by September 30 of each year. Well-maintained
hot tubs installed in the rear of the house are speci fically allowed. This section is enforceable in
accordance with Article VII, Section 1

Article VI, Section 13a: No fence, wall, or solid hedge may be erected, grown, or maintained in front…
No fence, wall, or solid hedge may be erected, grown, or maintained in front of or along the front building line of
any lots; provided, however, that low ornamental fencing along the front lot line in architectural harmony with the
design of the house, may be erected. The side lot line of each lot in The Subdivision which faces a street shall be
deemed to be a second front building lot line and shall be subject to the same restrictions as to the erection,
growth or maintenance of fences, walls, or hedges as is hereinbefore provided for front building lines. This
section i s enforceable in accordance with Article VII, Section 1

Article VI, Section 13b: No fence or wall may be erected or maintained on or along the side…
No fence or wall may be erected or maintained on or along the side lines of any lot, and/or on or along the
rear line of any lot, except fences which are required and wi thin the height limitations therein required by
local ordinance to enclose in ground swimming pool s, or are otherwi se required or perm itted by The City
of Rochester Hills.
No Fence, wall or solid hedge may be erected or maintained on or along the sidelines or rear line of any
lot. No fencing of any type shall be installed without prior approval of the Board of Directors of the
Association as defined in the Architectural Control s Below. Owners who wi sh to install fencing of any
type, including enclosures for dog runs and fences that are required by local ordinance to enclose in -
ground swimming pool s or that are otherwi se required by the Ci ty of Rochester Hills, shall submit plans
to the Board of Directors of the A ssociation for approval before any materi al s are purchased or contracts
signed. Thi s section i s enforceable in accordance with Arti cle VII, Section 1.

Article VI, Section 13c: All portions of the lots lying in front of the residential building…
All portions of the lots lying in front of the residential building as hereinbefore set forth shall be used for
ornamental purposes only. One (1) basketball pole per house i s allowed. This section is enforceable in
accordance with Article VII, Section 1.

Article VI, Section 16: Landscaping
Upon the completion of a residence on any of the lots in The Subdivision the Owner thereof, (and the word
“Owner”, as used in this connection, means the party who purchases a residence from the builder thereof and
each subsequent purchaser), shall cause the lot owned by him to be finis h-graded and seeded or sodded and
suitably landscaped as soon aft er the completion of construction as weather permits. The lot and the drainage
ditch, if any, contiguous to each lot shall be kept free of weeds by the Owner thereof. All landscaping and lawns
shall be well maintained at all times. This section i s enforceable in accordance with Article V II, Section 1.


Article VI, Section 17: Driveways
Access driveways and other paved areas for vehicular use on a lot shall have a base of compacted gravel,
crushed stone or ot her approved base material and shall have a wearing surface of asphal t brick or concret e, or
the equivalent thereof. Thi s section i s enforceable in accordance with Arti cle VII, Section1.




                                                    Page 4 of 5
Article VIII, Section 1a: Architectural Control s
It is understood and agreed that the purpos e of architectural controls is to promote an attractive, harmonious
residential development having continuous appeal. Until the construction plans and specifications are submitted
to and approved in writing by Declarant, (i) no building, fence, wall, in ground swimming pool, or other structure
shall be commenced, erected or maint ained, nor (ii) shall any addition, change or alteration therein be made
except for interior alterations, nor (iii) shall exterior color changes be made. The said construction plans and
specifications shall show the nature, kind, shape, height, materials, color scheme (including samples of exterior
building materials upon request), location on lot, approximate cost of such building or other structure, including in
ground swimming pools, and the grading and landscaping plans of the lot to be built upon. Declarant shall have
the right to refuse or to approve any such construction plans or specifications, grading plan, landscape plan, or in
ground swimming pool plan, which are not suitable or desirable, in the opinion of the Declarant, for aesthetic or
other reasons; and in so passing upon such construction plans and specifications, grading plan or landscape
plan, Declarant shall have the right to take into consideration the suitability of the proposed building or other
structure with the surroundings, and the effect of the building or other structure on the outlook from adjacent or
neighboring properties. In no instance shall a building of a design exactly the same as any other in Brookedale
West Subdivision be permitted, except as permitted by Declarant. This section i s enforceable in accordance
with Article VII, Section 1.

Article VIII, Section 1b: Architectural Control s
All plans, specifications, and other material shall be filed in the office of Declarant, located at the home address
of the current Hom eowners’ A ssociation president as publi shed in the most recent newsletter or the
association web site, for approval or disapproval. A report in writing setting forth the decisions of Declarant, and
the reasons thereof shall thereafter be transmitted to the a pplicant by Declarant, within thirty (30) days after the
date of filing complete plans, specifications and other material by the applicant. Declarant will aid and collaborate
with prospective builders and make suggestions from preliminary sketches. Prospective builders are encouraged
to submit preliminary sketches for informal comment prior to the submittal of archit ectural drawings and
specifications for approval. In the event Declarant shall fail to approve or disapprove, within thirty (30) days after
complete submission, the final plans, specifications and other material of applicant, as required herein, approval
shall not be required, and relat ed requirements of this Declaration shall be deemed to be complied wit h. This
section i s enforceable in accordance with Article VII, Section 1.

Article VIII, Section 1c: Architectural Control s
Any dish for the reception of TV, data or any other broadcast signal should be placed in the rea r of the
property if possible without the degradation of said signal. If thi s i s not possible, the homeowner i s
requested to seek an inconspicuous location that accommodates best reception. If a color choi ce i s
available, the homeowner i s requested to use a di sh that reasonably matches the décor of the home.




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