The Surf-N-Sand II Condominium project was established in December 1990, according to Act 59 of the Michigan Public Acts of 1978, known as the “Condominium Act”. In March 1991 the Master Deed was recorded in the Iosco County Records, along with the Condominium By-Laws and Condominium Subdivision Plan. These three documents, as recorded, define our condominium legally and set out our management rules and responsibilities. The Master Deed and the Condominium By-Laws are included in the attached pdf document. The Condominium Subdivision Plan is available from any board member.
- The Master Deed contains the definitions of certain terms used within the condominium documents, the percentage of value assigned to each unit, a general description of the units and general and limited common elements, and a statement regarding the relative responsibilities for maintaining the common elements.
- The Condominium By-Laws contain provisions relating to the operation, management and fiscal affairs of the condominium and, in particular, set forth the guidelines relating to assessments of Association members for the purpose of paying the costs of operation.
- The Condominium Subdivision Plan is a three dimensional survey depicting the physical location and boundaries of each of the units and all of the common elements.
In particular, owners are asked to familiarize themselves with Article IV of the Master Deed, which defines the Common Elements, and certain articles in the Condominium By-Laws (also called Exhibit A). Under the By-Laws, Article II explains assessments, or the dues paid to the Association, Article VI sets forth the restrictions on the owners, and Article XI, sets forth remedies for failure to comply with the terms of these Condominium Documents.
A condominium is a form of real property. It may be may be sold, mortgaged or leased, subject only to the restrictions that are contained in the Master Deed.
At closing, each owner receives a deed to his individual condominium unit and an undivided interest in the common areas that comprise the condominium property. These “common elements” are all portions of the property not included within the walls of the individual condominium units. This title to the common elements is included as part of, and cannot be separated from, title to the individual condominium units. This means that all owners share the property outside of their units.
In order to protect all of our property and its’ future value, the condominium property is managed by a non-profit corporation of which all owners are a member (the “Association”). Its elected Board of Directors governs the Association.
Article II of the Condominium By-Laws requires the Board of Directors to adopt an annual budget for the maintenance of the common elements. Each co-owner is assessed a monthly dues to cover the costs of upkeep for the common property. The Board of Directors may also levy special assessments as specified in Article II, Section 2 of the Condominium By-Laws.
Article VI of the Condominium By-Laws sets forth restrictions upon the ownership, occupancy and use of a unit. Since it is impossible to paraphrase these restrictions without risking the omission of some provisions that may be significant, each owner must examine these restrictions with care so that there is no misunderstanding regarding the use of the common areas. The following is a list of certain of the more significant restrictions:
- General common areas may not be used to store personal property, trash, or refuse of any kind. The common areas must be returned to their original state after use or by nightfall. Do not leave chairs, blankets, boats, etc. on the beach when not in use or over night.
- No physical change to exterior units may be made unless prior approval is obtained from the current Board of Directors.
- No signs or advertising may be displayed which are visible from the exterior of a unit or on common elements, including “For Sale” signs.
- All trash must be put in plastic bags and sealed. Boxes must be broken down prior to disposal in the dumpster.
- All grills must be moved off the decks before using (Fire Insurance Regulation).
- Owners are permitted ONE pet per unit (unless waved by Board – see Master Deed Article VI Section E, item 3). All pets must be leashed when on common areas. Dog owners are responsible for cleaning up after their pets — the common areas are NOT a dog run. Guests and visitors are not allowed to overnight their pets.
- Operation of any type of motorized recreational vehicles (atvs, golf carts, snowmobiles, etc.) is not permitted in any common area.
- Parking:
- No motor homes, travel trailers, or recreational vehicle trailers may be parked overnight.
- Boats, recreational vehicles, and trailers are not allowed to be stored in drive or parking areas.
- No parking is permitted in front of fire hydrants.
- Please adhere to parking in your space or garage. Each owner must be allowed a parking space in front of his or her unit.
- Beach fires must be extinguished before leaving and cold ashes cleaned up the following day to maintain beach cleanliness.
- No fences or obstructions are permitted except as approved by the Board of Directors.
- Owners are advised if units are not winterized, a minimum thermostat setting of fifty-five degrees should be maintained from October to April to preclude pipe freezing and damaging owners unit and adjacent units.
Special note about this Master Deed:
The Master Deed was drafted in such a way as to give special considerations to the developer while the complex was in the construction stage and before the first board was formed. Since these two events have since occurred those paragraphs that no longer apply have been grayed out.
This Master Deed is a copy of the original on file and published in the Iosco County Records as Liber 407, Pages 326 through 374 and amended as Liber 422, Page 778. While every attempt has been made to have this document accurately reflect the documents on file, this version of the Master Deed remains a non-legal copy and should be treated as such. Any legal use of the Master Deed should defer to the documents on file with Iosco County Records.
If you do not have a printed copy of the Master Deed please contact any member of the current Board of Directors and one will be provided to you.
Download the Master Deed in pdf format.
