COMMUNITY COVENANTS
Woodland and Fairview Estates are Escanaba manufactured housing communities, owned and operated by Dagenais Real Estate (hereinafter referred to as the "Management"). Housing communities such as this require a cooperative effort on the part of all residents and management in order to protect each homeowner's pride of ownership, safety, and overall quality of living while residing in wither Woodland or Fairview Estates (hereinafter referred to as the "Community"). As such, the housing community must be governed by certain rules and regulations (Community Covenants), which have been established and are enforced for this purpose.
The Community Covenants applicable to the Community equal or exceed the requirements of the State of Michigan and the City of Escanaba for the development and regulation of privately owned manufactured housing communities.
Residents and occupants must abide by and conform to these Community Covenants, as well as any further rules or regulations that may be issued by Management for the operation and use of the Community. Management may terminate any resident's tenancy if any of the occupants of a home, in the judgment of Management, violates an established rule or regulation, or has otherwise threatened the safety or well beingof neighboring residents of the Community. Upon such determination by Management, a resident /homeowner may be required to remove their home from the Community; whereby all expenses incurred in the removal of the home shall be the full responsibility and obligation of that resident / homeowner. Every reasonable effort will be made by Management to ensure that the rules and regulations associated with this Community are enforced to protect the rights and privileges of neighboring residents. Lack of awareness of any rules or regulations cannot be accepted as an excuse for any violation of these Covenants.
Interpretation, explanation, additions, deletions, and enforcement of the Covenants contained herein are reserved solely and absolutely to the Community ownership and Management. Modifications to these Covenants shall be brought to the attention of residents in a manner consistent with the rules and regulations of the Michigan Manufactured Housing Commission, by posting in the Office of the Management and by delivery to each resident not less than thirty (30) days before such rules or changes become effective.
The Community, including its grounds and facilities are to be used by the residents, occupants, and all invitees and guests at their own risk; and it is understood that the Management assumes no liability or responsibility for injuries sustained to persons or property, or loss by such persons. Residents all agree and hereby assume the risk and hazards which may be created by other residents, occupants, invitees or guests of the Community.
Management is furthermore not responsible for loss due to fire, storm, theft, or any other accident, injury or incident of this nature. Each resident is responsible for acquiring adequate insurance to protect their own interest in terms of their home, all contents and other belongings, and any necessary insurance coverage against potential liabilities associated with home ownership.
APPLICATION PROCESS
The application process applies to all prospective residents; whether someone is intending to move a new home into the Community, or intending to purchase an existing home already in the Community.
Each application for residency will be submitted to Management for review and approval, and each applicant will be interviewed by Management. This procedure generally takes ten (10) to fourteen (14) business days. Management reserved the right to accept or reject any applicant for any lawful reason. False, misleading, or incomplete information provided by an applicant may be cause for denial of residency; or if such information is later determined, could result in termination and eviction should that applicant become a resident.
Upon receiving an application form, the applicant will also receive a copy of these Community Covenants for their review. If the applicant, upon reviewing these Covenants, should find, for any reason, that they may not be able to comply with certain rules or regulations, then this should either be brought to the attention of Management, or the applicant should terminate the application process at that point.
RESIDENT REGISTRATION
The State of Michigan requires that all residents /occupants of the Community be registered at the office of the Management. To insure compliance with the law, it is necessary and essential that any changes in a resident's household status be reported to Management, in writing, within five (5) days of the occurrence of such change. Any short term visitors or guests would not be applicable to this notification of change in household status; however, any other person who will reside in the home and be considered an occupant, must be reported to Management.
Upon approval for residency in the Community, along with a copy of these Community Covenants, each new resident shall receive an INVENTORY CHECKLIST to be completed by the resident and returned to Management (within 7 days). The Inventory Checklist acknowledges the condition in which the fixtures and appurtenances of the home site have been received by the resident at the time of commencement of occupancy.
Maximum occupancy within a manufactured home in the Community shall be: Two (2) persons per bedroom. Any person residing within a home for more than thirty (30) days will be considered a permanent occupant and must be reported to Management in writing, and be approved and registered by Management.
ALL HOMES MUST BE OCCUPIED BY THE SPECIFIED OWNER, and the owner / resident's name shall appear on the Certificate of Title. All homes in the Community must be titled by the State of Michigan, and a copy of such title showing the owner / resident's name must be provided to Management. NOTICE: SUBLETTING OR RENTING OF HOMES IS NOT PERMITTED. SHOULDMANAGEMENT DISCOVER THAT A HOME HAS BEEN SUB-LEASED, RENTED, OR IS INANY WAY OCCUPIED BY SOMEONE OTHER THAN THE REGISTERED OWNER, THEHOME AND ITS OCCUPANTS WILL BE IMMEDIATELY EVICTED FROM THECOMMUNITY, AND THE HOME MAY BE REQUIRED TO BE MOVED FROM THE PREMISES,AT THE HOMEOWNER'S SOLE COST AND EXPENSE.
SECURITY DEPOSIT
Upon approval and registration for residency, the resident shall make a Security Deposit equal to one and one-half times the current monthly lot rent. This Deposit will be returned by mail when the property (homesite) is vacated, providing that the home site is left in the required condition, a proper thirty (30) day written notice to vacate is given to the Management, and all of the established move-out procedures are followed. The Deposit may otherwise be applied to Management's cost of restoring or repairing the property (homesite) due to negligence or other condition created by the resident. Residents will be responsible for damages or repairs exceeding the amount of the Security Deposit. Following is the name and address of the company that has issued a bond to insure the Security Deposits that have been paid by residents of this Community.
Merchants Bonding Company
2100 Fleur Drive
Des Moines, Iowa 50321
Homeowner / residents must notify the Management in writing within four (4) days after moving out of the Community to advise Management of a forwarding address for receiving mail; otherwise the Management will be relieved of any duty or responsibility in terms of sending an itemized list of any damages and penalties adherent to that failure.
RENTAL TERMS
Lot rental terms may be on a month-to-month basis, or by written (12 month) lease agreement. In either case, lot rent is due and payable, in advance, upon the first (1st) day of each month. Rental payments maybe mailed or delivered in person to the office of the Management. A late / liquidated damage charge of$3.00 (Three-Dollar) per day will be assessed to any resident whose rent is not received by Management on the first (1st) day of the month. Payment may be made by personal check, money order, cashier's check, credit/debit, or by cash. A charge of $15.00 will be assessed to any resident whose personal check is not honored by the financial institution for any reason. Therefore, Management reserves the right to refuse personal checks from any resident whose prior check has been dishonored, and that resident must then make rental payments by money order, cashier's check, or cash.
In the event a late fee or any balance due is outstanding, any subsequent rental payment by that resident will first be applied to the unpaid late fee(s) and/or unpaid balance due on the resident's account.
To mail rent, please send payment early to allow sufficient time for receipt (to avoid a late charge), and make payable to Dagenais Real Estate, Inc., to the following address:
DAGENAIS REAL ESTATE, INC.
1505 North Lincoln Road Escanaba, Ml 49829
Month-to-Month residents may choose, at any time, to convert their tenancy to a 12-month written lease agreement. A resident signing a 12-month lease and having occupied a rental lot for more that 13 months, may terminate a lease by providing a sixty (60) day written notification to the Management, contingent upon the occurrence of one of the following circumstances during the term of the lease.
The resident becomes eligible to take possession of a subsidized rental unit in a senior citizen housing, and provides Management with a written proof of that eligibility; or
The resident becomes incapable of living independently, as certified by a physician, in a notarized statement to be provided to Management.
In the event a resident fails to pay rent or other charges due on or before the first (1st) day of the month ,Management will issue a Demand for Possession for Non-Payment of Rent (State of Michigan approved document). If Management thereafter institutes legal action against the resident based on the default in payment of rental obligation, the payment of rent then due will only be accepted by money order, cashier's check, certified check, or cash. Additionally, resident shall also reimburse Management for the expenses incurred by Management, including reasonable attorney's fees and court costs, as provided by law.
Notice: Failure by resident to make timely payments for rent and other charges as provided in a lease agreement and/or Community Covenants governing this property, on three (3) or more occasions during any twelve (12) month period, is just cause for termination of tenancy as provided by law.
NOTICE OF RULE VIOLATIONS
Resident who violate a rule or regulation, either pursuant to these Covenants or otherwise stipulated or associated with this Community, will be contacted by Management, either by a personal visit, telephone call, issuance of a written Notice to Quit / Termination of Tenancy (State of Michigan approved document), or other notice of rule violation correspondence. If any form of notification of rule violation is issued, it is expected that the violation will be corrected by the date or time period stipulated in the notice. Failure or refusal to correct a violation after notification of such violation, or chronic or repeated violation of rules and regulations may result in eviction proceedings.
Management reserves the right, at Management's discretion, to advise a resident of other forms of activity, neglect or circumstances requiring corrective action by the named resident; whereby their activity, neglector other action is adversely affecting the reasonable rights and/or privileges of neighboring residents in the Community. Management furthermore reserves the right to enforce similar corrective action upon a resident, such as is applicable to that associated with a violation of a rule or regulation as stated herein.
TERMINATION OF TENANCY NOTIFICATION
Once a Notice to Quit / Termination of Tenancy, or other form of notification for just cause termination is received, the resident is entitled to request a conference, to be held at the office of the Management, with the Community ownership or a designated representative of the ownership. This conference must be requested by certified mail (to the Management's office) within ten (10) days of receipt of the termination notice.
JUST CAUSE FOR EVICTION / TERMINATION OF TENANCY
- Use of the home or home site for an unlawful purpose.
- Violation of those Community Covenants (rules and regulations) reasonably related to:
- The health, safety, and welfare of the Community, Management, its employees, residents, service providers or other invitees or guests on the premises.
- The quiet enjoyment of other residents.
- The maintenance of the physical condition or appearance of the home in the Community to protect the value of the Community's appearance or aesthetic quality.
- Violation of the Department of Public Health rules.
- Intentional physical injury by the resident (including the resident's guests or other occupants) to other residents, Community personnel; or intentional physical damage by the resident (including the resident's guests or other occupants) to Community property or the property of other residents.
- A resident's violation of local ordinances, state laws, or governmental regulations relating to Manufactured homes or manufactured housing communities.
- Changes in the use or substantial use of the nature of the Community.
- Any other reason or cause allowed by law.
PAYMENT OF RENT DURING TERMINATION PROCEEDINGS
The resident shall continue to pay all rent and other charges owed to Management, when due, following the issuance of a Notice to Quit or other notification for just cause termination of tenancy. During the pendency of the action, Management may accept all payments of rent and other charges without prejudice to the action to evict the resident. If payment of rent and other charges is not made in a timely manner, then Management may proceed to evict the resident for non-payment of rent without prejudice to the just cause termination proceedings.
LIQUIDATED DAMAGES
The prevailing party in a contested action to terminate a tenancy for just cause will be awarded liquidated damages of not more than $500.00 (Five-Hundred Dollars) for action in District Court, plus $300.00 (Three-Hundred Dollars) for each appellate level court action. Liquidated damages shall not be construed as a penalty, nor shall the payment of such liquidated damages preclude Management from recovering any actual additional damages, including but not limited to those which have been incurred as a result of unpaid rent, damages to the home site or common areas, or cost to remove the manufactured home from the Community.
MANUFACTURED HOME INSTALLATION REQUIREMENTS
All manufactured homes brought into the Community are to be installed in accordance with the rules and standards set forth in the rules promulgated by the Michigan Department of Consumer and Industry Services, Manufactured Housing Division; and in accordance with the manufacturer's and Community's written installation instructions and procedures. In addition, the resident must notify Management at least 72hours prior to the arrival of the home into the Community, and Management's representative must be present during the delivery of the home.
NOTICE TO RESIDENTS: For your safety and welfare, rules regarding the installation of manufactured homes have been promulgated by the Michigan Department of Consumer and Industry Services and the Manufactured Housing Commission. Additionally, the manufacturer of the home should provide written Dagenais Real Estate, Inc. - Escanaba / Community Covenants5 of 18
instructions specifically established for the installation of the subject home. Therefore, each resident must assure that their home is installed by a licensed professional manufactured home installer who is familiar with the installation requirements and procedures, including but not limited to, placement, blocking, tie-downs, and utility (gas, water, and electrical) hook-ups. The Manufactured Housing Commission rules also require that each home have an operating fire extinguisher and smoke detector at all times.
IN ADDITION TO THE ABOVE, THE COMMUNITY INSTALLATION REQUIREMENTS AND STANDARDS ARE AS FOLLOWS:
- Each home site shall be numbered and clearly marked for positive identification. Each number shall be easily readable from the street servicing the site.
- Approved skirting is required and must completely enclose the space beneath the home. Skirting is to be property ventilated (vented panels are required to meet state and local codes and the home manufacturer's requirements), and include access panels of sufficient size in the utility hook-up area(s). Skirting material and color are to match or attractively accent the exterior siding of the home. New skirting is to be installed within thirty (30) days of the homes placement on the site. Skirting material shall be Alcoa "T-Lok Vinyl skirt" or an approved equal type of product. The area under the home is to be kept clean, and no combustible material, debris, or any other form of storage under the home is permitted.
- Pre-owned homes may be permitted, subject to Management's inspection and approval of the overall condition of the home. Homes being moved into the Community must have residential lapped siding, and may be required to have a pitched and shingled roof. Pre-owned homes moved into the Community may not use the skirting from its prior location; but rather new skirting is to be installed as otherwise specified herein.
- Hitches must be removed from the home upon installation and stored beneath the home. If hitches are unable to be removed, then homeowner must attractively maintain the hitch and area surrounding the hitch. Note: Hitches and axels may not be sold and must remain with the home.
- Steps leading to entry doors are to be enclosed concrete, open sided fiberglass or metal, or treated wood structure. Proper handrails must be securely attached. Steps are to be maintained in a safe and attractive manner. Offside entry doors are not to be used as a primary entrance. All steps must be placed on a four-inch (4") deep concrete slab or incorporated into an allowed / approved deck.
- Prior to installing any porch, deck, awning, or other addition to the home, the resident must first obtain written approval from Management to assure it meets established criteria and aesthetic compatibility of the majority of homes in the Community. All wood structured porches and decks must be constructed of treated lumber and all exposed sides are to be skirted. Proper handrails must be installed on all exposed sides. Awnings and any other additions are to be constructed with approved materials. All are to be continuously maintained in good and satisfactory condition, acceptable to Management.
- Utility connections of electric, water, sewer, and gas to the home are the sole responsibility of the resident. All utility hook-ups shall be made in compliance with the Department of Industry Standards, Manufactured Housing Commission regulations, the manufacturer's written instructions, and any applicable local codes. All such connections are to be made by licensed professional contractors. All water connections to the thermovalve unit must include a new shut-off gate valve and union fitting.
- Telephone, internet, and cable television connections are to be buried underground during installation of the home by the appropriate service provider. Residents are responsible for confirming that this has been done.
- No exterior antennas are permitted. Mini-satellite dishes (18" in diameter or less) may be permitted, subject to approval of type and location by Management prior to installation.
- All homes must have door side water service (a water line running from the water service, under the home, to the door side, to an exterior water faucet).
- Central air conditioner compressors must be placed on a concrete or other approved slab on the main / primary door side or rear of the home site. Window air conditioning units must be securely braced to the home and cannot be supported by any exterior extensions (or support bracing) to the ground. Air conditioning units must be attractively maintained.
- All existing cement slabs and patios were pored to accommodate standard size homes. Any additional concrete work required to fit a larger home will be poured at the homeowners expense and only be a licensed, approved contractor; and all cement work must be approved in advance by Management.
- Spacing violations concerning the home or adjacent structures must be corrected at the resident /homeowner's expense. State code mandates that all adjacent structures surroundings a manufactured home be a minimum of four (4) feet from the home.
- Residents shall be solely responsible for any damage to Community property, or that of other residents resulting from the installation of their manufactured home, including installation of utility connections, porches, decks, or adjacent structures (such as storage sheds).
IMPROVEMENTS, ADDITIONS & ALTERATIONS TO HOMES OR SITES
- Residents shall make no alterations or additions to the exterior of the home or to the home site without first obtaining advanced written permission from Management to assure that such alterations or additions meet the specified criteria and/or code or other requirements, and area esthetically compatible with the majority of homes in the Community. Residents must provide Management with a sketch, to scale, of the appearance and location of the proposed addition or alteration (for example: porch, deck, carport, storage shed, awning, cement pad, etc.)
- Resident is responsible for obtaining any required building permits. NOTICE: Residents making any alterations or additions without first obtaining required building permits and/or the prior written approval from Management may be required by Management to remove the alteration or addition.
- All additions or alterations must be performed by a licensed and insured professional contractor.
- All additions or alterations must be completed in a timely manner; and resident shall be solely responsible for any damage to Community property, or that of other residents resulting from the work being performed.
HOME AND HOME-SITE MAINTENANCE
- Residents shall maintain their home and home site in a clean, attractive manner, at resident's sole cost and expense. Failure to regularly maintain the physical condition and appearance of the home and home site is just cause for termination of tenancy by Management.
- Any broken windows, doors, screens, skirting, etc. must be repaired immediately and restored to an acceptable condition. No plastic, wood, or similar material may be used for replacement of windows.
- The exterior of the home, as well as any additions or other on-site structures (i.e. storage shed)are to be washed / appropriately cleaned when they become noticeably dirty.
- The exterior of the home and any additions or on-site structures must be painted as they become faded or otherwise unsightly, and any change in a previously allowed color must be approved by Management.
- With few exceptions, items may not be left outside the home anywhere on the home site, whereby they detract from the goal of creating an aesthetic appearance, or items which do not conform to the aesthetic compatibility with the majority of home sites in the Community. Such items should either be stored in the home, storage structure, or area in a garage or carport where they are not visible from the street or visible to surrounding neighbors. Exceptions to this may be a picnic table, lawn chairs, barbeque grill, or acceptable landscaping or decorative items - but in any case these items (possible exceptions) must be maintained in a clean and acceptable fashion. The presents of such items that are not acceptable are to be determined at the discretion of Management.
- Each home site lawn is to be mowed, trimmed, raked, seeded, fertilized, and watered to maintain a healthy and attractive appearance. It is the responsibility of each resident to maintain their respective home sites in this manner.
- In the event a resident fails to maintain the home site as required and specified herein, a Notice of Rule Violation will be issued, requesting the resident to perform a specific maintenance duty by a certain date. If the violation is not corrected as requested in a timely manner, Management has the right to enter upon the site and perform any and all necessary maintenance as permitted by law. (In the case of a lawn care maintenance violation, Management may perform this work, with or without notice to the resident, during its routine care of the common areas of the Community). The charge to be paid by the resident in violation for such work shall be as follows:a) Mowing site (per occasion): $20.00
b) Trimming site (per occasion): $10.00
c) All other repairs and maintenance resulting from Resident’s failure to maintain the premises in good Condition and repair - (rate per hour, per occasion, Plus materials; subject to a one (1) hour minimum charge: $30.00 per hour
UTILITIES
- If at any time there is a problem with the gas, telephone, or cable television services, residents should contact the respective company service provider directly. Telephone numbers are listed on the last page of this Community Covenant document. If there is a problem with electrical or water service, residents should notify Management. Any resident contacting a service company for repair or maintenance will be directly responsible for any and all charges incurred.
- Residents are responsible for water supply protection devices. A water supply protection device, such as heat tape, UL or similarly listed, shall be installed at the time the home is installed on the site and shall be maintained and replaced as needed to prevent freezing of service lines, valves, and risers. Any damage caused to the home or Community property by resident's failure to maintain their water supply protection device shall be the responsibility of the resident. Any resident no complying with this provision may have their water service terminated until in full compliance.
- Each resident shall keep their sewer flushed to prevent clogging. Disposable diapers, sanitary napkins, fabric softener sheets, etc. must not be flushed down toilets. Grease must not be poured down drains. If a resident's sewer is clogged due to improper usage and is not the result of an obstruction in the main trunk sewer line, the resident shall then be responsible for the costs incurred in cleaning out their sewer line to correct the situation.
- SHUT OFFS: It is the resident's responsibility to notify Management if either the gas or electricity is purposely shut off - (such as when home is to be left vacant for a period of time) -in order that the water service may be disconnected and winterized (when during the winter months). If a resident fails to notify Management of such a shut off, any and all subsequently needed repairs will be paid by the resident.
TRASH REMOVAL
- Residents are required to have garbage and rubbish ready for pick up at the curb each Thursday morning before 7:00 a.m.
- Residents are to have a sufficient number of trash containers, with covers, to accommodate their weekly trash needs. In the event the resident has excess bags of trash and rubbish, the resident must then use heavy duty plastic bags only. Do Not leave clear or white bags at curbside.
- All recyclable material must be sorted in a recycle bin and placed curbside as well. Recyclable materials are picked up on the first Thursday of each month.
- Residents shall be responsible for arranging for removal of large, bulky, or heavy items at their own expense.
- Trash containers and excess bags are to be stored away (in a storage shed) at all other times. Trash bags that are left around the exterior of the home will be assumed to be trash and will be picked up a resident's expense, to be charged at $5.00 per bag.
GENERAL CONDUCT
- All residents of the Community have the right and privilege to a peaceful and quiet enjoy mentof the Community. To assure that each resident's right and privilege is protected as well as possible, those persons (residents, occupants, guests or invitees) whose actions may cause multiple complaints due to loud noise, immoral conduct, and/or unusual or unruly behavior of any kind will be requested to leave the premises, and if this person is a resident / occupant, maybe permanently evicted from the Community.
- Persons involved in theft or causing malicious damage to Community or other resident property, belongings or equipment are subject to criminal and civil prosecution, and in addition may be subject to a Notice to Terminate Tenancy.
- Physical or verbal abuse of Community personnel, other residents, or guests, invitees or service providers may also result in a Notice to Terminate Tenancy being issued.
- Residents are responsible and will be held accountable for the actions and conduct of their minor children and their guests or invitees.
PERSONS UNDER 18 YEARS OF AGE
In a Community such as this, it is necessary that certain policies regarding younger occupants (and guests or invitees) be established, therefore:
- Young children may not be left unattended at home, at the Community playground, or elsewhere in the Community.
- Persons under the age of 18 are not permitted to roam the Community after 10:00 p.m.
- For safety reasons, children should not be allowed to play in the streets at any time.
- Parents or other guardians are responsible for any disturbance or damages caused by children under their care.
STORAGE STRUCTURES
- Each resident shall have a storage structure (shed) erected within forty-five (45) days of occupancy in the Community to properly store such miscellaneous items as toys, bicycles, lawnmowers and tools, lawn furniture, trash containers, etc.).
- Before purchasing or constructing a storage structure, Management approval is required in order to determine that the type, size, spacing, and placement of this structure is acceptable.
- Storage structures must be pre-manufactured aluminum, steel, or wood (subject to approval).
- Storage structures must be placed on a four-inch (4") concrete slab, and properly anchored to the slab (no exterior anchors).
- Storage structures must be painted and kept in good condition and repair at all times. Color of structure must be pre-approved by Management and should match or attractively accent the color of the home.
- Only one (1) storage structure per home site is permitted. Maximum size is 120 square feet, and the structure cannot exceed eight (8) feet in height.
- State code mandates that all adjacent structures surroundings a manufactured home be a minimum of four (4) feet from the home. This would apply to storage structures.
- Actual size of the storage structure to be permitted will be determined by the space available on the respective home site.
GENERAL SITE CARE
- The general care of each resident's home and its surroundings is extremely important to every resident in the Community. As such, each resident should assure that their home site (yard),driveway, porch / deck / patio are always unobstructed by debris, and that all miscellaneous items are properly stored in a storage structure (shed) when not in use.
- No storage is permitted under the home, with the exception of the running gear (hitch assembly) that was necessary to transport the home to the Community. Management reserves the right to inspect the area underneath the home for health and safety reasons.
- Yard sales are permitted only on a resident's home site, and subject to prior notification and approval of Management. All items must be removed from outdoors before dark on a daily basis. Yard sale time limit per home site is two (2) days.
- Signs of any type are not permitted in windows, yards, or on Community property; with one exception being: A single (1) 12" x 18" For Sale sign (as further described herein under "ON-SITE RESALE OF THE HOME").
- Tents are not to be erected on the premises at any time.
- All utility lines are underground. To prevent damage to lines and personal injury - fences, poles, or stakes may not be driven into the ground.
- Swing sets are not permitted on home sites. Other pieces of recreational equipment may be permitted on an individual basis, subject to the prior written consent of the Management.
- For health and safety reasons, yard pools are limited in size to five (5) fee in diameter and one(1) foot in depth.
- All residents must have adequate out-of-site storage for all types and sizes of yard toys.
- No resident shall be permitted to hang laundry outside of the home, unless an umbrella-type cloths line is used. Clothes shall not be permitted to hand longer than twenty-four (24) hours.
- Porch enclosures should not be constructed in any manner which appears as though they are storage units or storage sheds, or utilized for such purpose.
MOTOR VEHICLES
- All vehicles must have a certificate of mandatory no-fault insurance coverage, and a current state license.
- All vehicles shall be free of any oil or fluid leaks - any leaks discovered are to be repaired immediately. Any damage to the asphalt or concrete surfaces caused from leaking vehicles, will be repaired at the resident's expense, whether or not the resident is the owner of that vehicle.
- Vehicle repairs or maintenance (except for changing of flat tires) is strictly prohibited. This includes, but is not limited to, brake repairs, oil changes, tune-ups, radiator flushing, muffler changes, engine overhauls, bodywork or painting, etc
- All vehicles are to be equipped with an adequate and functioning muffler system. The operation of vehicles not properly muffled or with malfunctioning muffler systems within the Community is not allowed and is a violation of Community rules and regulations.
- No vehicles with a gross weight greater than one (1) ton are permitted; with the exception of delivery or other service provider vehicles).
- All vehicles operating within the Community must obey the posted speed limit and all traffic signs. Speed bumps have been installed for the resident's safety. Should any resident fail to adhere to operating a vehicle within these safety guidelines and requirements, it may result in the loss of right to operate a motor vehicle within the Community, or termination of tenancy.
- Off-Street parking (driveway) for two (2) vehicles is provided for each home site. Residents are limited to no more than two (2) vehicles per site. Residents are to use this area only for parking, and not the street.
- Parking of vehicles on the grass or lawns is not permitted at any time.
- No overnight parking on any street is permitted.
- Vehicles parked on the street while streets are being plowed, or otherwise repaired or maintained may be towed away at resident's expense.
- Vehicles deemed at the discretion of Management to be abandoned, or otherwise inoperable for a given period of time, are not permitted to be parked or stored on the site at any time.
- As permitted by law, Management reserves the right to remove vehicles parked in violation of these rules and regulations, and further reserves the right to remove inoperable vehicles or vehicles without current license plate registration. All costs involved in such removal shall be paid by the resident.
RECREATIONAL VEHICLES
- Recreational vehicles, such as motor homes, travel trailers, and boats may be parked in the resident's driveway or immediately in front of the home for the purpose of loading and unloading only, and only for a reasonable amount of time. No persons may sleep or live in any type of recreational vehicle on the premises. No form of recreational vehicle may be attached to any utility connection. Anyone owning a recreational vehicle is advised to secure some form of storage off-site, and not in any respect rely on their home site for this purpose.
- ORVs, ATVs, mini-bikes, dirt-bikes, snowmobiles, etc. are strictly prohibited from operating anywhere on the Community property. Such vehicles must be trailered in and out of the Community, and stored off-site.
- Motorcycles are permitted in the Community, when owned by residents only. Motorcycles are allowed to operate only for transportation in and out of the Community, and not for recreational purposes at any time. Motorcycles must have adequate muffler systems, be street legal, licensed, and insured. Motorcycles may be parked in resident's assigned parking space or stored in resident's storage structure. All motorcycles are subject to the same rules and regulations in terms of speed, traffic signs, etc. as are applicable herein to other vehicles.
SNOW REMOVAL
It is the responsibility of each resident to keep their driveway, steps, porch, and any walkway cleared of snow and ice at all times during the winter months. Snow is to be thrown on the resident's yard, and not into the street.
PERSONAL AND FIRE SAFETY
Management is concerned with the safety and well being of all Community residents. These Covenants are a means of providing a safe and enjoyable living environment. Adherence to all of the rules, regulations, and guidelines contained in these Covenants is essential, as well as compliance by all residents, occupants, and guests with the following:
- All residents are required to exercise proper care and safety to ensure against accidents occurring in or around their home / home site, and the surrounding Community; as well as being responsible for the actions of their minor children or others under their care, and any guests or invitees.
- All homes are to have at least one (1) - five (5) pound fire extinguisher and the required smoke detector(s) - all in operable condition at all times.
- All homes are to be kept free of fire hazards. Combustible materials (gas powered lawn equipment, etc.) may not be stored underneath the home.
- It is the responsibility of the residents to monitor radio and/or television for severe weather warnings. There are no government approved shelters within the Community.
- Actions which interfere with the health, safety, or general welfare and well-being of the Community, its employees, or other residents, guests, invitees, or service providers is just cause for termination of tenancy.
- Resident should furnish Management with the name, address, and telephone number of a person to contact in case of an emergency.
SELLING A HOME IN THE COMMUNITY
It may become necessary for a resident to relocate their home, or sell a home and move out of the Community. Subsequently, Management has found it necessary to set certain policies, procedures, and standards to protect other residents and their investment in their home. The following two sections outline the guidelines for selling a home in the Community.
MOVE-OUT REQUIREMENTS
In order to receive your full security deposit, the following steps must be followed:
- Residents must provide Management with a thirty (30) day prior written notice of their intent to remove a home from a home site. If the tenancy is pursuant to a written lease agreement, then removal of the home prior to the expiration of the lease term does not void that residents liability for continued monthly rent payments for which resident shall continue to be obligated until either a) the prescribed termination date of the lease, or b) date when Management receives lot rental payments from a new resident occupying the vacated home site. All rents and other charges due by vacating residents must be paid in full prior to the removal of the home from the home site. Failure to provide a timely written notice to vacate will result in resident's continued liability for all rental obligations (including utility payments) for a thirty (30) day period, commencing with the date that Management actually receives written notice of resident's intent to vacate, or if home is removed without prior written notification, then resident shall remain liable for all rental obligations for a thirty (30) day period from the date that the home has been removed from the home site. Residents must further notify Management at least 72 hours prior to the removal of the home in order to arrange to have a Management representative present during the removal process for the home.
- Resident must have the home removed by a professional, licensed, and insured party.
- Skirting may not be removed from the home until 48 hours prior to the home being moved.
- The leased site must be left in clean and satisfactory condition. Any improvements, additions or installations placed on the site during residency, including but not limited to decks, storage structures, porches, tie-downs, anchoring systems, awnings, carports, etc. must be removed from the site, concurrent with the home itself being removed. Such items are not intended or implied in any way to become fixtures or property of the Community / Management. Concrete slabs, trees, and shrubs shall remain on the site following the removal of the home. Resident is responsible for any damage to the lawn of the home site, or that of other residents or common areas of the Community that may be caused as a result of the removal of the home, or any other structures associated with that home. Failure by the resident to complete the clean up or effect any repairs within a twenty-four (24) hour time frame after the home is removed from the site will result in Management performing the necessary work to clean up and restore the site and grounds in satisfactory condition. All costs for such work (with a minimum fee of $50.00) will be deducted from the resident's Security Deposit. Any charges over and above the amount of the Security Deposit will be the immediate responsibility of the resident to pay.
- Residents will provide Management with a copy of their paid receipt for all utility bills associated with resident's home site.
- Management assumes no responsibility in the event that a manufactured housing retailer, bank, or other secured party removes the resident's home from the Community.
ON-SITE RESALE OF THE HOME
The right to occupy a home in the Community is not unconditionally transferable with the sale or transfer of title to the home. To ensure that potential home purchaser(s) will be permitted to keep and occupy the home on the home site or anywhere in the Community, certain criteria must be met and procedures followed in advance. If the following process set forth is not followed, then the privilege of leaving the home in the Community may be immediately and permanently denied. Non-compliance with these policies and procedures may result in a termination of tenancy for the resident /seller of a home.
CRITERIA:
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- Home exterior, interior, and all adjacent structures must be in excellent condition and repair.
- All plumbing must be in good and operable condition, meet state and local codes, and current Community set-up requirements. Homes must have a shut-off gate valve and union fitting. If the valve is beyond two years old, it must be replaced.
- Current storage structure requirements must be met, including being properly spaced and anchored to a four-inch (4") concrete slab. Structure must be in satisfactory condition.
- Home must be washed.
- The home site and all landscaping accessories must be in good repair.
- The home must meet all current Community, state and local requirements (set-up, plumbing, fire, safety, and spacing standards).
- The home must contain at least one fire extinguisher and smoke detector, both in full operating condition, and comply with applicable laws.
- Home, storage structure, any other adjacent structures or additions to the home must be in full compliance with all written regulations of the Community Covenants.
- The home must fit in aesthetically and be compatible with the majority of surrounding homes and the Community in general.
- All rents and other charges or obligations must be current prior to resale for transfer of the home.
If the home meets these requirements, you must then contact Management prior to listing or posting the home for sale to arrange an inspection appointment (to be conducted by a Management representative and conditioned upon the resident, or a representative of the resident being present during the inspection). The charge for this inspection shall be $30.00, paid prior to the inspection. The purpose of this inspection is to ensure that the home and site are in compliance with Community standards. An inspection will consist of a preliminary inspection to determine what, if anything, may need to be done (repaired, replaced, modified, or corrected), and if needed, a final re-inspection will be conducted (with an additional fee of $30.00 to be charged). The inspection is valid for ninety (90)days, and if a home is not sold within that time frame, a supplemental inspection (and $30.00 fee) maybe required, at the Managements discretion. All items deemed to need repair, replacement, modification, or correction must be completed prior to Management's final authorization for resale to permit the home to remain in the Community - (and always subject to Management's approval of prospective home buyer's application for residency in the Community). The inspection or authorization of resale are not a warranty, expressed or implied, to any person as to the condition of any part of the home, its accessories, additions, or adjacent structures. One (1) 12" x 18" FOR SALE sign may be placed only in the front window of the home - but only after Management's inspection has been conducted, and any noted repairs, replacement, modifications, or corrections have been completed, and the resident has received written authorization for resale. No For Sale signs are to be placed in the yard or elsewhere on the home site.
LL POTENTIAL BUYERS MUST MEET WITH MANAGEMENT, APPLY FOR ANDSUBSEQUENTLY BE APPROVED FOR RESIDENCY PRIOR TO the closing transaction /transfer of ownership on the home, when the home is intended to remain in the Community. If the purchaser of a home occupies the home without first having obtained Management approval, the purchaser will be deemed a trespasser and may be immediately evicted from the Community. The resident of record, in such case, will remain responsible for all rental and other obligations which may accrue, and will be subject to having the home removed from the Community for non-compliance with these policies and procedures, at the homeowners sole cost and expense.
ANIMALS / PETS
A "No Pets" policy has been adopted, which applies primarily to, but is not necessarily limited to catsand dogs. Management may grant exceptions for certain types of fish in aquariums or birds in cages(such as parakeets). Exotic pets such as snakes, farm animals of any size, or wild animals are strictly prohibited.
Notice: Residents who may have had pets prior to the "No Pets' policy being implemented, have been allowed to keep that particular pet through the termination of that pet's life. These residents are not permitted, however, to replace the original registered pet once it is gone. Any pets that have been approved must be formally registered with Management in order to remain in the Community; and all pets must be confined to their owner/residents home site. Damage by animals/pets, as noted below under (F) applies to all animals/pets whether or not they qualify as Service/Assistance Animals.
Service/Assistance Animals: Animals/pets that are deemed to be necessary to assist the physically or emotionally impaired (sometimes referred to as “assistance animals”, “service animals”, “support animals”, or “therapy animals”) may be approved in advance on an individual basis - but are subject to the following terms and conditions:
- Management receiving written acknowledgement and documentation from the individual’s physician, psychiatrist, social worker, or other mental health professional that the individual making the request: 1) clearly has a disability and/or related need for such assistance, 2) that such an animal/pet is deemed to be absolutely required by the resident, and 3) that the specified animal/pet provides assistance or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more clearly identified symptoms or effects of the individual’s disability. A disability is defined as being a physical or mental impairment that substantially limits one or more of an individual’s major life activities.
- Individual must provide a prior written request for the pet exemption, along with the acknowledgement and documentation from a qualified professional (as noted above) prior to bringing the animal/pet into the Community; and the animal/pet must subsequently be approved by Management in advance. Animal/pets discovered to be on the premises without having been approved as provided herein, will be cause for the resident to be in breach of this policy and subject to eviction from the Community.
- The animal/pet must be formally registered with Management to be allowed in the Community.
- No animals/pets are permitted to roam freely (unleashed or unattended) anywhere, whether in the owner/resident’s rented site or within the Community.
- In the event an animal/pet is approved under the terms and conditions noted above herein, the Management is only expected to provide “reasonable accommodations” for the animal/pet to be allowed in the Community. The right to the pet policy exception, under the terms and conditions herein, may be denied or revoked in cases where the animal/pet would: 1) cause an undue financial and/or administrative burden on Management, 2) fundamentally alter the nature of Management’s service to the Community, 3) cause a direct threat to the health or safety of others within the Community, or 4) cause substantial physical damage to the property of others in the Community that cannot be reduced or eliminated by another reasonable accommodation.
- Management reserves the right to require the resident (who has an allowed and approved pet exception as provided herein) to cover the costs of any repairs or maintenance for: 1) damage which the animal/pet causes to the pet owner’s dwelling unit, 2) to another resident’s dwelling unit or rented property, 3) to any vehicle or other personal property of another resident of the Community or their guests and invites, and 4) damage to the common areas of the Community. No resident should assume that a pet is permissible on the basis of other pets being allowed in the Community (due to the above noted criteria). Violation of the "No Pets" policy is just cause for immediate termination of tenancy.
ADVERTISING, SOLICITATION, AND COMMERCIAL BUSINESS
Advertising, solicitation, or delivering handbills or "flyers" by residents is not permitted. Management reserves the right to communicate with residents through the distribution of written materials from time to time. No commercial enterprise or business shall be conducted within any home, on any home site, or within the Community.
RIGHT OF ENTRY
Management shall have the right to enter onto any home site to inspect, repair, or make alterations or additions to the premises or the utilities situated on the home site, or for the purpose of protecting the Community. Management may enter upon a home site at all reasonable times, but not in a manner or at such times as to interfere unreasonably with the homeowner's (or surrounding residents) quiet enjoyment. Management shall have no right to enter a home, unless the resident / occupant prior written consent has been obtained, or if such written consent is not obtained, to prevent imminent danger to the occupant(s) of the home, to other resident of the Community.
Management may enter a home, however, in the event it is deemed or evident (after a reasonable amount of time) that a home has been vacated and abandoned by the homeowner. In such cases, Management will make every reasonable effort to make a determination that the home is presumably abandoned.
COMPLAINTS
In a housing Community such as this, residents are reminded that since each home site is relatively small, and in close proximity to adjacent home sites, it is essential that all residents respect the property rights and quiet enjoyment rights of their neighbors. In the event a problem or situation should arise, however, it is in the best interest of all involved that neighbors attempt to discuss and resolve any such problems or situations independently, between themselves and/or those affected. If such resolutions are unsuccessful and problems or situations of concern persist, residents are welcome to bring such matters to the attention of Management. Complaints of this nature should be in writing, and will then be responded to in a timely manner.
Should there be a complaint regarding Management's operation of the Community, or a situation regarding a resident's home or home site, a written complaint describing the matter of concern should be addressed to the Management. If Management fails to respond to such complaint, under the Manufactured Housing Community Act, a resident has the right to file a complaint that pertains to violations of that act or rules published under the Act. Before a complaint can be filed under this Actor these rules, a resident must notify the Community Management, retailer of manufactured home, broker, or other service provider in writing that a problem or situation exists. If they do not provide a reasonable response within fifteen (15) days of receipt of the complaint, a resident may file a complaint with the Michigan Department of Consumer and Industry Services, Corporations of Securities Bureau, Manufactured Housing Division, at P.O. Box 30222, Lansing, MI 48909. Note that the Manufactured Housing Division can only accept violations pertaining to the Manufactured Housing Commission Acts. Complaints pertaining to Community rental costs do not fall under this Act.
RESIDENTS HANDBOOK
The Manufactured Home Buyers and Resident's Handbook, which explains the rights and responsibilities under the Michigan Manufactured Housing Commission Act, is available at the office of Community Management or from the Department of Consumer and Industry Services.
FINAL ACKNOWLEDGEMENT:
A receipt of these Community Covenants are provided to all applicants for their review, and upon approval for residency, each resident being registered is again provided a copy, for which acknowledgement of receipt is signed by the resident. It is each and every resident's responsibility to read and become familiar with the rules, regulations, and procedures referenced in these Covenants; and to refer to these Covenants periodically, if necessary, when certain situations or questions may arise for which a resident may need such information. If any of the rules, regulations, or procedures outlined in these Covenants are not understood or requires further clarification, a resident should contact Management with such questions or concerns. Lack of awareness of any rules, regulations, or procedures regarding this Community cannot be accepted as an excuse for any violation of these Covenants.
TELEPHONE GUIDE
EMERGENCY TELEPHONE NUMBERS
Police-Fire-Ambulance (All Emergencies) 911
Escanaba Public Safety (Police & Fire) 786-5911
Delta County Sheriff 786-3633
Michigan State Police (Gladstone Post) 428-4211
Rampart Ambulance 786-2051
St. Francis Hospital 786-3311
UTILITY COMPANIES
DTE Energy (Natural Gas) 1-800-477-4747
(After hours emergencies - toll free) 1-800-842-0842
AT&T (Telephone) - Sales / Service / Billing 1-800-288-2020
Charter Communications (Cable Television) 1-877-728-3121
City of Escanaba (Electricity) 786-0552
Universal Utilities (Water) 1-800-788-8287
Delta Disposal (Trash Removal) 786-2276
OTHER TELEPHONE NUMBERS
Dagenais Real Estate (Office) 789-9427
Community Management (Office) (Fax) -789-2300
Note: After hours (if not an emergency) you may leave a voice mail message and this will be Retrieved by the following morning; or on Monday morning if message is left on a Friday Evening or weekend day.
Emergency after office hours or weekends:
Paul Dagenais (Home) 786-3996
Matt Dagenais (Home) 789-9427