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Article IV - Common Elements

Certain terms are utilized not only in this Master Deed and Exhibits "A" and "B" hereto, but are or may be used in various other instruments such as, by way of example, and not limitation, the Articles of Incorporation, corporate Bylaws and Rules and Regulations of The Surf - N-Sands II Condominium Association, a Michigan nonprofit corporation, and deed, mortgages, liens, land contracts, easements and other instruments affecting the establishment of, or transfer of interests in, The Surf- N-Sand 11 Condominium, as a Condominium Project. Wherever used in such documents or any other pertinent instruments, the terms set forth below shall be defined as follows:

A. The "Act" means the Michigan Condominium Act, being Act 59 of the Public Acts of 1978, as amended.

B. "Association" means the nonprofit corporation organized under Michigan law of which all co-owners shall be members, which corporation shall administer, operate, manage and maintain the Condominium Project. Any action required of or permitted to the Association shall be exercisable by its Board of Directors unless specifically reserved to its members by the Condominium Documents or the laws of the State of Michigan.

C. "Association Bylaws" means the corporate Bylaws of The Surf - N -Sand II Condominium Association, the Michigan nonprofit corporation organized to manage, maintain and administer the Condominium Project.

D. "Common Elements", where used without modification, means both the general and the limited common elements described in Article IV hereof.

E. "Condominium Bylaws" means Exhibit "A" hereto, which sets forth the substantive rights and obligalions of the co-owners, as required by Section 53 of the Act, and which is recorded as part of the Master Deed.

F. "Condominium Documents" means and includes this Master Deed and Exhibits "A" and "B" hereto, the Articles of Incorporation, Bylaws and the Rules and Regulations, if any, of the Association.

G. "Condominium Premises" means and includes the land and the buildings, all improvements and structures thereon, and all easements, rights and appurtenances belonging to The Surf-N-Sand II Condominium as described above.

H. "Condominium Project", "Condominium" or "Project" means the The Surf- N-Sand II Condominium as a Condominium Project established in conformity with the provisions of the Act.

I. "Condominium Subdivision Plan" means Exhibit "B" hereto.

J. "Consolidating Master Deed" means the final amended Master Deed which shall describe The Surf - N-Sand II Condominium as a completed Condominium Project and shall reflect the entire land area, all units and common elements therein and the respective percentages of value pertinent to each unit as may finally be readjusted in accordance with Article Vll hereof. Such Consolidating Master Deed shall, when recorded in the Office of the Register of Deeds for losco County, Michigan, supersede this Master Deed and all amendments hereof.

K. "Co-owner" means a person, firm, corporation, partnership, association, trust or other legal entity (or any combination thereof) who or which owns one or more units in the Condominium Project. The term "owner" shall be synonymous with the term "co-owner". Co-owner includes a land contract vendee if the land contract so provides.

L. "Developer" means B & F Developers, Inc., which has made and executed this Master Deed, and its successors and assigns.

M. "Unit", "Condominium Unit" or "Apartment" each means the enclosed space constituting a single, complete residential unit and designated garage in The Surf-N-Sand II Condominium as such space may be described on Exhibit "B" hereto, and shall have the same meaning as the term."Condominium Unit" as defined by the Act.

N. Whenever any reference herein is made to one gender, the same shall include a reference to any and all genders where the same would be appropriate; similarly, whenever a reference is made herein to the singular, a reference shall also be included to the plural where the same would be appropriate.

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