|Acknowledgment of Covenants, Conditions & Restrictions||1|
|Advertising, Soliciting, Commercial Business and Other Uses of Premises||34|
|Alcohol Consumption/Substance Abuse||31|
|Buyers and Tenants Handbook||40|
|Enforcement of Covenants, Conditions & Restrictions||6|
|Firearms, Weapons and Explosives||32|
|Home Site Maintenance||16|
|Improvements and Alterations||15|
|Loss and Liability||38|
|Manufactured Home Installation and Standards||11|
|Notice of Rule Violation||7|
|Owner of Record||3|
|Ownership and Responsibility for Gas Lines, Electric Lines, etc.||42|
|Payment of Rent/Failure to Pay Rent||10|
|Personal and Fire Safety||36|
|Recreational Trails, Community Garden, Parks, Playground Equipment, and Recreational Facilities||28|
|Recreational Vehicle Storage||26|
|Removal of Manufactured home||14|
|Rights to Space and Transferability||13|
|Storage, Sheds & Garages||18|
|Termination of Tenancy||8|
|Utility Billing and Charges||41|
|Water and Sewer Connection||12|
Welcome! And thank you for becoming a part of TrailTree Village. We are pleased to be given this opportunity to serve you and encourage your comments and suggestions. Our commitment is to provide Tenants pleasant surroundings within a well-governed and peaceful Manufactured Home Community. To accomplish this type of environment, a set of standards have been established and is contained herein as your Covenants, Conditions & Restrictions ("CC&R").
Prior to residency in this community, each Tenant must sign an acknowledgment that he/she has read and received a copy of the Covenants, Conditions & Restrictions ("CC&R") as set forth herein and any amendments thereto. Tenant agrees to abide by the CC&R and all state, county, and city laws and ordinances. Tenants failure to comply with the CC&R may result in the termination of tenancy as provided by law.
All prospective Tenants must complete a rental application in a form approved by Landlord before residency is considered for approval. Landlord has the right to reject tenancy due to false or misleading statements on the rental application. Additionally, if an applicant wishes to place a used manufactured home on a home site in TrailTree Village, current photographs of all exposed sides of the home plus its appurtenances (storage shed, steps, porches, tags or additions, etc.) must be presented to Landlord at the time of application. Landlord reserves the right to physically inspect the home at its location at the time of application before granting approval for residency.
Tenant warrants and represents that he/she is the owner of the manufactured home and agrees to provide Landlord evidence of same upon request. Proof of ownership such as the title to the home and/or purchase agreement are required at a time of move in and failure to provide such proof to Landlord is grounds for immediate eviction. The burden of providing such proof is on the Tenant.
Landlord will use the following guidelines in evaluating occupancy within a manufactured home in TrailTree Village:
From time to time rules may be changed or additional rules may be added. At least thirty (30) days prior to implementation, a written notice of the proposed amendment will be forwarded to all Tenants. The form of delivery may include a separate letter, inclusion in community newsletter, or some other reasonably descriptive written form. From time-to-time, Landlord may issue interpretive statements regarding existing rules and regulations. These interpretive statements will have the same force and effect of amendments to the rules. Any new rules or regulations will be considered part of the CC&R set forth herein and will be enforced accordingly. New or altered rules will be effective thirty (30) days after delivery.
Reasonable effort will be made by Landlord to ensure that these CC&R are enforced and that the safety and comfort of TrailTree Village's Tenants are not disturbed. Tenants should understand that occasions may arise in which a Tenant may feel that Landlord is either applying an improper interpretation to a rule, enforcing a rule which in Tenant's personal opinion is "unfair" or applying a rule unequally to all Tenants. In any such instances, Landlord's interpretation and enforcement will be final. Whereas Landlord will use reasonable efforts to apply all rules to all Tenants simultaneously and equally, neither the timing of enforcement for rules against one Tenant versus another nor the interpretation of rule applicability in specific instances for one Tenant versus another will not negate the binding nature of Landlord's interpretations or enforcement against any Tenant. Ignorance of these CC&R is not an excuse for non-compliance.
It is the Tenant's responsibility to ensure compliance with all CC&R's at all times. Whereas Landlord may use reasonable efforts to contact Tenants who violate a rule or regulation by means of a personal visit, a telephone call, and/or a written NOTICE OF RULE VIOLATION, such contact is not a requirement for enforcement of action against Tenants for noncompliance of any CC&R. If contacted by Landlord, it is expected that Tenants will correct the violation within the amount of time specified. Constant violations will lead to eviction proceedings. Please note that your adherence is absolutely essential to provide you and your neighbors a pleasant environment.
Pursuant to MCLA 600.5779, Tenants shall continue to pay rent and other charges to Landlord when due following the demand for possession of the premises. During the pendency of the action, Landlord may accept all such payments of rent and other charges without prejudice to the action to evict the Tenant. If payment is not timely made, Landlord may proceed under MCLA 600.5775(2)(f) without prejudice to the just cause termination.
Lease Termination Initiated by the Tenant
Any Tenant who has occupied the premises for more than 13 months may terminate this Lease by a thirty (30) day written notice to the Landlord.
In a contested action to terminate a tenancy for "just cause", the prevailing party shall receive the following as "liquidated damages" as allowed under the Michigan Mobile Home Commission Act, MCLA 125.2328c, and the Michigan Summary Proceeding Act, MCLA 600.5785
These "liquidated damages" are intended to reimburse the prevailing party for its expenses incurred in connection with the termination action, and shall not be construed as a penalty. The payments made for these "liquidated damages" shall not preclude either party from recovering their actual additional damages resulting from personal injury or physical damage to personal or real property caused by the other party or from recovering any unpaid rent or charges under the Lease, if any is in effect, or these CC&R.
Rents are to be paid monthly. Rent is due on the first day of each month and must be paid on or before the fifth day of the month. Tenant agrees to pay a late charge for rents or any charges due of any kind whatsoever due and not received by or delivered to Landlord at the above address on or before the close of business on the fifth day of the month or postmarked by the first day of the month.
The amount of the late charge according to the schedule that follows:
Cash payments are not accepted for past due rent and related fees. These payments will only be accepted in the form of a money order or certified check for past due rent.
If Tenant pays regular timely rent payments with a personal check, a charge of $50.00 will be assessed against any check that is not honored for any reason.
In the event of non-payment by Tenant of any amounts due under this Lease and/or, if applicable, a related Lease Option Agreement, (including by way of example and not limitation the Monthly Home Rent Payment (as defined in the Lease Option Agreement if applicable), the monthly Base Rent or other Monthly Charges as detailed in paragraph 6 of the Lease, late fees, repair costs billed under the Lease Option Agreement (if applicable), insurance premiums billed under the Lease Option Agreement (if applicable), taxes billed under the Lease Option Agreement (if applicable), legal or court related costs, utility costs billed, etc.) any payments received from Tenant will be applied to outstanding amounts due in the following order at the sole and absolute discretion of Landlord irrespective of any verbal or written designation otherwise by Tenant:
In the event Tenant fails to pay rent or other charges on or before the fifth day of the month, Landlord may issue a Notice To Quit, Non-Payment of Rent. Failure of Tenant to make timely payment of rent or other charges as provided in the Lease or these CC&R on three or more occasions during any 12-month period for which failure Landlord has served a written Notice to Quit, Non-Payment of Rent, pursuant to MCLA 600.5714(1)(a) and Tenant has failed or refused to pay rent or other charges within the time period stated in the Notice To Quit, is just cause for eviction pursuant to MCLA 600.5775(2)(f). If Landlord institutes an action of summary proceeding against Tenant based on default in the payment of rent, then Tenant shall reimburse Landlord for the expenses incurred by Landlord including any and all attorney fees, court costs, process server fees, filing fees or other fees. So long as the Tenant shall be a Tenant thereunder, the amount of such expenses shall be deemed to be additional rent and shall be due from the Tenant to Landlord on the first day of the month following the incurring of such respective expenses.Termination of Promotional Discounts
If Tenant defaults under any of the terms of this Lease or a related Lease Option Agreement (if applicable) or requirements contained in these CC&R, by way of example and not limitation the requirement to pay rent on time (i.e., if Tenant makes any payments late), any promotional discounts which Tenant was receiving as inducement to occupy the premises described in this Lease or the home pursuant to any applicable Lease Option Agreement shall end immediately and Tenant shall be obligated to pay the full non-discounted monthly rent payments under this Lease and non-discounted amounts under any applicable Lease Option Agreement.
Proper installation of a manufactured home is the sole responsibility of the Tenant and those dealers, installer, repairers or such other contractors hired or retained directly or indirectly by Tenant. Landlord disclaims any and all responsibility for damages to any home due in any way to faulty and/or insufficient placement, installation and/or removal. All new installations and existing manufactured homes must comply with all local ordinances and state laws concerning placement, anchoring and setting up home prior to the Tenants taking occupancy therein. All homes must be titled by the State of Michigan and proof of such must be reviewed by Landlord. Tenants shall be solely responsible for any damage to community property or that of other Tenants resulting from the installation or removal of his/her manufactured home. Placement, installation and removal of manufactured homes must be supervised by an employee designated by Landlord. Placement, installation, set up and removal may only done by the home owner or licensed and insured service providers. Landlord will provide Tenant with a copy of the TrailTree Village Community Set-Up Regulations which must be adhered to unless manufacturers specifications, state, local or federal law provide a higher standard or a mandatory standard.
To provide and maintain a clean and attractive community, all manufactured homes must meet the following standards:
Interior and exterior water and sewer connections must be maintained in a safe and leak-free condition at all times. If a sewer line becomes plugged due to Tenant's negligence or if Tenant fails to correct water/sewer leaks after receiving a NOTICE OF RULE VIOLATION, Landlord has the right to enter the premises and perform the necessary repairs as provided by law. Tenant will be billed any and all charges related to the repairs including labor as described in the section of these CC&R entitled "Home Site Maintenance" charges incurred as a result of the repairs shall be deemed to be rent and collectible as rent. Landlord specifically reserves the right at any future time to individually meter and bill or have billed to Tenant fees related to water and/or sewer usage.
Tenant should ensure that their home and any and all items therein are properly protected from damage which may be attributable in any way to temporary loss of water, sewer, gas, electric or reduced volume/capacity of water, sewer, gas or electric. Landlord disclaims any and all responsibility for damage which may occur as a result of such temporary losses or reduced volumes/capacities. By way of example and not limitation, water heater should be equipped with back-flow prevention valves that will prevent draining of the tank (and therefore possible burnout of the heating element) in times of shutoff. Appliances which are subject in any way to damage from a reduced voltage availability or alternatively, from an electrical surge such as might occur during a power "brown-out" or power outage should be protected with proper safety devices.
The right to occupy a home on the leased site is not transferable with the sale transfer of title to the manufactured home. The Tenant further agrees that he/she will not assign or sublet the manufactured home or leased premises. Landlord must, prior to the transfer of possession of a manufactured home, inspect the leased site and exterior of the home to confirm that it meets all community standards. All items that need repair or corrections must be completed prior to the Landlord's final authorization of resale.
Landlord does not warrant that the inspected manufactured home is in conformity with applicable building codes, that the home is free from defects or that the mechanical, plumbing or electrical systems, including appliances connected therewith, are in working order.
The resale inspection does not create any warranty of merchantability and there are no other warranties created herein. Tenant/Seller's request is for a determination of whether the home is eligible to remain in TrailTree Village in accordance with applicable CC&R, if sold.
All items listed below will be inspected. Should any item not be in compliance as far as the aesthetics or condition of same, it will be noted on the homeowner's resale inspection report for replacement, repair or removal. Such items include:
Condition of: exterior of home, adjacent structures, address marker, exterior doors, windows, siding, skirting, running lights removed and holes caulked, paint, screws, dryer vented outside, wash and wax home, steps, handrail, porches, decks, railing, awning, carports, shed-type, shed site, shed clearance, shed paint, shed doors, shed foundation, air conditioner bracing and foundation, heat tape or heat rod, exterior water and sewer line, water shutoff valve, top of water service supply, garden hose crossover line to patio side with self-draining shutoff, axles and springs under home, hitch under home, tie-downs, no combustible material under home, lawn, parking area cleanliness, sidewalk, patio, yard light (if any), general cleanliness of site, plantings, electrical line direct wired and buried, antenna, etc.
A cost for this resale inspection of thirty dollars ($35.00) will charged to Tenant and considered as additional rent pursuant to law. If the home is not sold within sixty (60) days after receiving the resale authorization, Landlord must re-inspect home for any discrepancies when the Tenant has a new buyer.
One 18"x22" "For Sale" sign may be placed inside the front window of the home but only after Tenant receives the final authorization of resale from Landlord. No other signs of any kind are permitted.
All rents and other applicable charges to Landlord must be paid in full prior to moving the home from the TrailTree Village Community. Tenant must also provide Landlord with at least thirty (30) days written notice of his/her intent to remove the home. Any Tenant who removes his/her home is responsible for the removal of all rubbish, steps, sheds, etc. from the home site. The home site must be left in a clean and orderly fashion. The home site must be completely cleaned pursuant to this rule within 24 hours of Tenant vacating lot or Landlord may proceed to clean up any and all items, discard them at Landlord's sole and absolute discretion, and deduct any expenses are described herein (including labor at the rate of $40.00 per man per hour) from the Tenants security deposit. Any expenses incurred by Landlord to restore the site to its original condition will charged to the Tenant. Tenant will contact Landlord before the home is removed from the site as stated herein. All work on homes must be performed by licensed and insured contractors and Landlord must be provided with a copy of valid license and a valid proof of workman's compensation and general liability insurance. Landlord must be added to the policies as a named, additional insured prior to any work beginning.
Landlord assumes no responsibility if a dealer, bank or other secured party opts to remove the manufactured home of a Tenant from the TrailTree Village Community.
In the case of a fire or other damage to Tenants manufactured home located in the TrailTree Village community, Tenant shall remain responsible for payment of rent during the balance of the time that the home site is not available for occupancy for another Tenant due to the presence of any property of Tenant. Failure of a Tenant to immediately repair, secure or remove a fire-damaged manufactured home shall be just cause for termination of the tenancy pursuant to MCLA 600.5714 and MCLA 600.5775.
If Tenant abandons the manufactured home placed on the premises, for whatever reason, and if Landlord is required to remove the manufactured home placed on the premises, for whatever reason, and if Landlord is required to remove the manufactured home after notice to Tenant at the Tenant's last known address, the Tenant shall be responsible for any and all expense incurred in removing the manufactured home or other property from the premises and all such expenses shall be considered rent due to Landlord and be collectible as rent.
Tenant shall make no alterations to the subject site without Landlord's written consent. Landlord shall be provided with a sketch of any proposed improvements such as a porch, deck carport, awning, shed and/or pad, home additions, plantings and so on. Tenant shall also be responsible to obtain any required building permits from the governing municipality. A sketch of any proposed excavations and its location is to be provided to Landlord but only after the utility companies have been notified and requested to mark the underground cables. If Tenant opts to remove any of the above described structures, the site shall be restored to its original condition. Tenant improvements made to the site such as concrete pads, trees, and shrubs shall become community property.
Unless performed by the Tenant, all work on homes must be performed by licensed and insured contractors. Landlord's requirements under this section are in no way a representation or warranty as to the work to be performed and Landlord disclaims any and all responsibility for damage or injury related to any improvements or alterations.
Tenant shall maintain his/her home and home site in a clean and attractive fashion at his/her own expense. Tenant agrees that no representation as to condition or repair of the premises, and no premise to alter, repair or improve the premises has been made EXCEPT as may be executed by Landlord and Tenant in writing prior to occupancy. Tenant shall keep the premises, during the term of their occupancy, in good repair, and at the expiration thereof, yield and deliver up the same in good condition. A determination as to the approximate site boundaries will be reviewed from time-to-time by Landlord. Site boundaries may be reasonably changed to accommodate adjacent home, decks, sheds or other structures but only when such site boundary change does not materially diminish the approximate total square footage previously available to Tenant.
Due to the high consumption of water during the summer months, Landlord reserves the right to limit the watering of lawns. Please do not leave sprinklers on for an excessive length of time; as waste increases costs. Running of water for any purpose which results in water running down the road is considered excessive, wasteful and therefore a violation of these CC&R.
No outdoor storage is permitted at any time. All personal property is to be stored indoors when not in use.Sheds
If there is outdoor storage of any kind, a utility storage shed must be installed on an approved foundation (shed pad or other approved type) at Tenant's expense (one shed per home site). No metal sheds are permitted. Landlord may in their sole discretion allow a second shed on certain sites based upon Landlord's evaluation of site size, home size, proposed shed location, site visibility, and other factors. Tenant is required to obtain written approval as it pertains to materials, size and location, from Landlord before installing a new or altering the current structure in accordance with city, county, and state building codes.
All sheds shall be pre-assembled or assembled from kits. The maximum shed size shall be 10-feet wide by 12-feet deep (unless a larger size is approved in writing by Landlord at Landlord's sole discretion) with the height not to exceed the level of the home's gutter line.
Shed pads are to be of materials which comply with local ordinances and are approved by Landlord. Shed color and shingles are to match or attractively accent the manufactured home.
Sheds are to be kept in good repair at all times. It is recommended that sheds be anchored in case of high winds.
All toys, bicycles, tricycles, lawn care equipment, garden tools, folding lawn chairs, ladders, etc. must be stored indoors when not in use.Garages
Landlord may in their sole discretion allow the construction of a garage on certain sites based upon Landlord's evaluation of site size, home size, proposed garage location, site visibility, and other factors. Tenant is required to obtain written approval as it pertains to materials, size and location, from Landlord before building a new or altering the current structure in accordance with city, county, and state building codes.
All garages shall be constructed only after written approval is obtained from the Landlord and all permits are approved and shall be constructed at the Tenant's expense. The maximum garage capacity shall be "2 car" with the height not to exceed the level of the home's ridge line.
Garage foundations are to be of materials which comply with local ordinances and are approved by Landlord. Garage color, materials, and shingles are to match or attractively accent the manufactured home.
The garage man door and overhead door are to be maintained in functional order and closed when not in use. Chipped, peeling or faded paint, dents, cracked or broken windows, and other cosmetic damages are disallowed. Landlord recommends ventilation for the interior of the garage to prevent the buildup of poisonous gases from running vehicles. The garage door should open and close smoothly and without excessive noise at all times.
Tenants shall maintain all outdoor furniture in a safe and attractive condition. Fold-down furniture is to be stored indoors when not in use. Hot tubs and spas may be permitted with written approval of Landlord if and only if they are incorporated into the design and construction of a deck or patio. Tenants are cautioned that should the existence of hot tubs or spas become a nuisance to other Tenants, removal of the hot tub or spa will be immediately required and failure to do so will be a breach of these CC&R.
Firewood is to be stored at the rear of the home and is limited in size to a pile equal to one-half cord (4' long x 4' high x 4' wide) which is at least 12-inches off the ground. Firewood must not interfere with proper spacing requirements between homes.
Snow removal is the responsibility of the Tenant. Snow and ice are to be removed from all driveways, sidewalks, steps and patios on the home site. Do not shovel snow into the street. Landlord will maintain the streets reasonably clear of snow and ice. As with public road maintenance, severe weather conditions will result in a related decrease in the safe driving conditions of the streets; so use appropriate caution. Landlord disclaims responsibility for accident or injury to Tenants, their family members, guests or their property which may occur within this community due to unsafe driving for road conditions. Tenants must adjust their driving speed and control over their vehicles to suit road conditions. Salt deteriorates road surfaces and Landlord may elect not to salt the streets at any location and in most instances when salt is applied it will be applied only at dangerous intersections or curves. The close proximity of homes makes it highly likely that during snow clearing of the streets by Landlord, snow will be deposited in your yard and parking areas. Landlord is not responsible for any damage which may result to yard ornaments, yard decorations, shrubs or any other personal or real property of the Tenant which may be damaged or destroyed as a result of snow plowing. Tenants are encouraged to remove and safely store all front yard decorations, ornaments, etc. prior to the winter season. Any vehicles on streets during plowing are subject to immediate towing at vehicle owners expense.
Any winterizing of homes (such as plastic being used for storm windows, insulating the skirting, etc.) must be on the interior of the home and/or inside of the skirting. Temporary exterior attachments of any kind are not allowed. A water supply protection device, such as heat tape, UL or similarly listed, shall be installed at the time the home is installed on site and be replaced when necessary to prevent the freezing of service lines, valves and riser pipes. Insulation and protective wrap must cover the heat tape or protection device. Temporary plastic is limited to use on dwelling windows and may not be used to insulate decks, patios or screened sun room type attachments. Any plastic must be maintained in an attractive fashion. All plastic must be removed in early spring and may only re-installed at the end of fall.
Trash disposal and recycling in TrailTree Village is provided at one central location behind TrailTree Village Center Building. It is Tenant's responsibility to place garbage inside the appropriate collection containers. The Trash and Recycling service is for Tenant use only, and for household garbage and recycling only.
This area will be under 24 hours recorded video surveillance and specifically monitored for illegal and improper dumping of debris, garbage, and recycling.
Tenants are responsible for making private arrangements for the removal of large, heavy, bulk items, or items of a hazardous nature at their own expense. Items not removed will be removed by Landlord and Tenant will be charged at minimum of $50.00 per item plus labor charges of $40.00 per hour plus all hazardous material disposal fees incurred. If it is deemed necessary to request a dumpster Tenant will be responsible for the full cost of the dumpster and any related transportation fees. These costs will be added to rent and collectible as rent. Trash bags may not be left outside the home, throughout the TrailTree Village Community, or on the ground near the dumpster location. Trash cans may not be left outside the home at any time. Trash may not be stored on Tenant's site, or in their garage or shed for an extended period of time.
A Recycling Bin will also be located at the same location and subject to specific recycling guidelines. All items placed in the recycling dumpster must be EMPTY, CLEAN, AND DRY and listed below on the acceptable recycling materials list. Recycled items do not need to be sorted. No bagged items are permitted in the Recycling Bin. Plastic bags of any kind are not permitted. Anyone found dumping unapproved items in the Recycling Bin will be liable for steep fines as imposed by the recycling company. These costs must be paid by Tenant immediately upon presentation of the bill by the Landlord. If unpaid, these items may be added to rent due and considered additional rent, subject to collection and eviction proceedings as rent in addition to any and all other proceedings or actions available to Landlord at law or in equity.Acceptable Recycling Materials:
All vehicles must be registered with Landlord including make, model, color and plate numbers.
Fully licensed and insured motorcycles are permitted to operate on the paved roads within TrailTree Village only for transportation in and out of TrailTree Village. "Joy riding" within TrailTree Village is never permitted. Motorcycles are to be parked in Tenant's parking space or they may be stored in the utility shed or inside a fully enclosed garage. Parking elsewhere on the home site is prohibited.
The operation of other motorized vehicles including ATV's, ORV's, mini-bikes, motor-cross bikes, snowmobiles, go-carts, etc. within TrailTree Village is strictly prohibited. Only motorized vehicles found to be necessary for the reasonable accommodation of the physically handicapped will be permitted with written consent from the Landlord.
Storage of boats, campers, motor homes and other forms of recreational vehicles upon the home site outside of a fully enclosed garage or in the street is prohibited. No form of recreational vehicle may be attached to water or sewer or other utility connections. In the event recreational vehicle storage is provided in a designated location within TrailTree Village, it is available for use as space allows. No person may sleep or live in any type of recreational vehicle in TrailTree Village. In order to store a recreational vehicle, Tenant must complete a Space Rental Agreement at the TrailTree Village office and pay storage charge, if any. It is further agreed that Tenant accepts all liability and agrees to park the recreational vehicle in an orderly manner and will keep the area free from litter. Storage areas are not for cars, though at Landlord's discretion, cars may be allowed in the storage area if space permits. If a car, or some other item, being stored other than a recreational vehicle as described herein is permitted in a storage area and space in the area later becomes unavailable, Tenant must, upon ten (10) day notice from Landlord, remove the car or other item.
Snowplows, utility trailers, boat trailers, snowmobiles, truck caps, and trailers of any other type or description are examples of items specifically prohibited from storage on a home site outside of a fully enclosed garage.
Parents and legal guardians are responsible for the action of their children according to applicable local ordinances and state law.
The use of all recreation facilities within TrailTree Village are for Tenants and their accompanied guests only. All minors and guests must be accompanied by an adult Tenant when using any of TrailTree Village's recreational facilities. It is the responsibility of the Tenant to ensure that his/her guests observe all applicable Rules and Regulations contained in these CC&R and posted throughout TrailTree Village and within it's facilities. Items such as golf clubs & balls, hockey sticks and pucks, and any other item which may produce a projectile are not safe for use in TrailTree Village and are prohibited EXCEPT with the written approval of Landlord in areas designated in writing by Landlord. All recreational facilities, common areas or community owned areas or equipment of any kind whatsoever are to be "used at your own risk". Landlord disclaims any and all responsibility for injury or damage due to use of any facilities, areas or equipment. Should Tenant, or any representative, guest, etc., of Tenant cause through their action, or contributory inaction, damage to any TrailTree Village common areas, equipment, or facilities, Tenant will be responsible for all direct and indirect costs to repair or replace. These costs must be paid by Tenant immediately upon presentation of the bill by the Landlord. If unpaid, these items may be added to rent due and considered additional rent, subject to collection and eviction proceedings as rent in addition to any and all other proceedings or actions available to Landlord at law or in equity.
The Community Center is open to Tenants, their minor and other dependents, as well as their guests during regularly posted business hours. This facility is free for your use during these times and is subject to all the above mentioned CC&R regarding TrailTree Village Recreational Facilities. The Community Center is also available for private events hosted by Tenants at a rental service fee and is subject to all of these CC&R as well as specific guidelines outlined in the Community Center & Natatorium Rental Agreement. No access will be granted to the Exercise Center or Tech Center for these private events.
These are policies related to the use of computers owned by TrailTree Village as well as all devices that connect to any TrailTree Village network. Please read, understand, and adhere to these policies.
In order to protect the security and integrity of Information Resources against unauthorized or improper use, and to protect authorized individuals from the effects of any potential abuse or negligence, TrailTree Village reserves the rights, at its sole discretion, to limit, restrict, or terminate any account or use of Information Resources, and to inspect, copy, remove or otherwise alter any data, file, or system resources that may undermine authorized use. TrailTree Village also reserves the right to inspect or check the configuration of Information Resources for compliance with this policy, and to take such other actions as in its sole discretion as it deems necessary to protect TrailTree Information Resources. TrailTree Village also reserves the right to control and/or manage use of the frequency spectrum within the boundaries of the TrailTree Village Community. TrailTree Village reserves the right to require those Tenants found to have such devices that interfere or are suspected to interfere with operation of TrailTree Village systems, to discontinue use of such devices, and, if necessary, to remove them from TrailTree Village property.
TrailTree Village shall not be liable for, and the individual assumes the risk of, inadvertent loss of data or interference with files resulting from TrailTree Village's efforts to maintain the privacy, integrity and security of TrailTree Village's Information Resources.
TrailTree Village is not responsible for the content of individuals' personal web spaces, nor the content of servers, programs or files that individuals maintain either in or shared through TrailTree Village-owned computer resources or on personally-owned computers connected to TrailTree Village's Information Resources.
TrailTree Village reserves the right to suspend network access or computer account(s), or to impose sanctions as defined in this policy if individually-maintained files, programs or services are believed to have been operating in violation of either law or policy. Additionally, TrailTree Village retains the right subject to applicable law and policy to search and/or seize, for investigative purposes, any personal hardware or systems connected to TrailTree Village Information Resources if there is cause to suspect that such hardware or systems were used either in violation of federal, state or local law, or in violation of the CC&R set forth in TrailTree Village policies governing computer and network usage. Restoration will be at the sole discretion of Landlord. TrailTree Village shall, to the full extent required under law, cooperate with all legal requests for information, including, but not limited to, disclosure of system user account information when made by any law enforcement officer or legal representatives pursuant to court order, subpoena or other legal process.
TrailTree Village can enforce the provisions of this policy and the rights reserved to TrailTree Village without prior notice to the user.Exercise Center:
Exercise Center rules and regulations exist to ensure that the Exercise Center is operated in a healthy and safe manner, and to provide an enjoyable environment for all Tenants and their guests. Tenants and their guests are responsible for knowing and obeying these rules as well as those posted in the Exercise Center.
TrailTree Village Landlord manages and monitors the Exercise Center as well as enforces the rules applied to Tenant use of the Exercise Center. Children and adults are expected to show them proper respect and cooperation at all times.
A recorded video camera system will monitor the Exercise Center 24 hours a day for proper use.
The Landlord, or office staff, may caution or, if necessary, suspend Exercise Center privileges from anyone who is violating the rules, has past due rents, or is subject to eviction proceedings. Suspensions for the duration of the day in which the violation occurs may be imposed by the Landlord at his or her discretion. Suspensions for longer periods or termination of Exercise Center access privileges may also be determined by the Landlord.
Concerns about the Exercise Center conditions must be addressed to the Landlord. Any issue not specifically addressed by these CC&R is left to the discretion of the Landlord.
No person is ever permitted to enter the Exercise Center outside of posted operating hours. The exercise equipment provided is never to be used as a "toy", hung from, walked on, or used in any way that is not in accordance with its intended purpose. To do so will result in permanent revocation of Exercise Center use privileges as well as fines for any related damages which will be considered rent and pursuant to rent collection procedures outlined elsewhere in these CC&R and in the Lease.
ALL THOSE USING THE EXERCISE ROOM DO SO AT THEIR OWN RISK. LANDLORD IS NOT RESPONSIBLE FOR INJURIES OR ACCIDENTS.
Pool and hot tub rules and regulations exist to ensure that the pool is operated in a healthy and safe manner, and to provide an enjoyable environment for all Tenants and their guests. Tenants and their guests are responsible for knowing and obeying these rules as well as those posted in the natatorium.
TrailTree Village Landlord manages and monitors the pool conditions in accordance with the Branch County Health Department as well as enforces the rules and laws applied to public pools. Children and adults are expected to show them proper respect and cooperation at all times.
A recorded video camera system will monitor the natatorium 24 hours a day for proper pool use.
No lifeguard is provided at any time.
The Landlord, or office staff, may caution or, if necessary, suspend pool privileges from anyone who is violating the rules, has past due rents, or is subject to eviction proceedings. Suspensions for the duration of the day in which the violation occurs may be imposed by the Landlord at his or her discretion. Suspensions for longer periods or termination of pool access privileges may also be determined by the Landlord.
Concerns about pool or natatorium conditions must be addressed to the Landlord. Any issue not specifically addressed by these CC&R is left to the discretion of the Landlord.
No person is ever permitted to enter the pool or hot tub while the cover is in place. Landlord, or office staff, will assist in proper cover removal and storage. When finished using the pool we do ask that you reapply the cover to the pool and/or hot tub. The pool cover, and its storage mechanisms, are never to be used as a "toy", hung from, walked on, or used in any way that is not in accordance with its intended purpose. To do so will result in permanent revocation of pool use privileges as well as fines for any related damages which will be considered rent and pursuant to rent collection procedures outlined elsewhere in these CC&R and in the Lease.Health:
Landlord shall have the Right of Entry onto the home site for the purpose of inspection, repair and replacement of utility services, and protection of the mobile home community at all reasonable times but not in such a manner or at such time as to interfere unreasonable with the Tenant's quiet enjoyment of the leased premises. Landlord shall have no right to enter a privately owned manufactured home unless Tenant granted prior consent, or to prevent imminent danger to the occupant(s) of the home.
Tenant may not cross through, or play in, another Tenant's yard unless invited to do so. Trespassing onto property adjoining TrailTree Village is strongly discouraged.
Trespassing onto property adjoining TrailTree Village is a violation of law and may lead to arrest and prosecution by the adjoining landowner. Landlord will assist and participate in such prosecution to fullest extent permitted under law. In addition to being a violation of federal, state and local law, trespassing on adjoining property is a violation of these CC&R and is grounds for immediate eviction from TrailTree Village.
In certain instances (for example, testing of water and/or sewer systems) Landlord may be required to enter upon the Tenant's home site at unusual hours of the evening and to inspect underneath the home. Landlord will use reasonable efforts to notify Tenant 24 hours in advance of any such inspection which will be conducted after (10:00 PM) or before (7:00 AM) and/or which will require Landlord to have access underneath the home. Upon such notifications, Tenant must remove at least one panel of skirting of sufficient size and location as may be directed by Landlord to allow access. Upon completion of such inspection by Landlord, Tenant must replace the panel within 48 hours. If Tenant fails or refuses to remove such skirting, Landlord may do so and (provided Landlord uses reasonable care in the removal and replacement), Landlord will not be liable for any damage done to skirting.
Landlord has the right under these CC&R to enter onto the home site and remove any and all items contained on the home site which violate, in any way at Landlord's sole discretion, these CC&R including by way of example and not limitation, trash, lawn & garden equipment, building materials, and supplies, children's playthings and recreational items (including bicycles, tricycles etc.), recreational vehicles, snowplows, patio equipment and furniture, automotive tires of any kind etc. Landlord may, but is not required to give Tenant a Notice of Rule Violation requiring that any such items be removed within a specified time. Removal of any such items by Landlord will be paid for by Tenant at the labor rates specified in these CC&R under the section entitled "Home Site Maintenance" plus any and all additional direct or indirect costs including towing, dump charges, etc. These charges will be considered rent and be payable and collectible as rent. Failure to remit payment will legally be non-payment of rent and subject to proceedings for rent collection.
It is expected that all Tenants respect the rights of others to enjoy the quiet and peaceful use of TrailTree Village. Excessively loud talking, abusive language, shouting, loud radio, televisions, stereos and other disturbing noises are not permitted within this community. Interference with the quiet enjoyment of other Tenants in this community is just cause for termination of tenancy under MCLA 600.5775. Landlord will have sole discretion over whether or not noise of any kind is excessive or interferes with the quiet enjoyment of other Tenants. Notwithstanding the previous sentence, the receipts by Landlord of two written complaints from one or more Tenants during a six (6) month time period will be considered proof of the excessive or interfering nature of any noise or activity.
A curfew exists within TrailTree Village of (11:00PM) every night. After that time, no one is permitted to walk around TrailTree Village including any roads, common areas or any other Tenant's home sites. The preceding sentence does not prohibit Tenants, or their guests, from travelling via car in or out of TrailTree Village or via car to-and-from other Tenant homes after the curfew time. If a stricter curfew exists within the municipality, the municipal curfew will apply. Landlord may change this curfew with 24 hour notice and waive the curfew to accommodate special community functions which extend beyond (11:00 PM).
The consumption of alcoholic beverages is not permitted in any community building, recreational areas or any common area within TrailTree Village. Possession, use, and/or sale of drugs and/or any illegal substances will not be tolerated. In addition to all other methods permitted by law for termination or non-renewal, the occupancy of Tenant may be terminated by Landlord pursuant to MCL 600.5714; MSA 27A.5714 after serving a 7-day written demand for possession, should a Tenant, a member of Tenant's household, or another person under the Tenant's control be found to unlawfully manufacture, deliver, possess with intent to deliver, or possess a controlled substance within TrailTree Village.
Tenants may not discharge or engage in any activity involving firearms — including BB guns, slingshots, bow and arrows, or other weapons in TrailTree Village. Fireworks, firecrackers, other explosives and pyrotechnic activity is similarly prohibited. Such items may not be transported unless they are within a licensed vehicle and in a completely enclosed case specifically designed and manufactured for such use. No open display of any such items is permitted within the TrailTree Village Community.
Tenants should make every effort to resolve differences with their neighbors. If you disagree with the manner in which your neighbor behaves, bring it to his/her attention. After every attempt has been made to resolve a problem with a neighbor, a written complaint may be submitted to TrailTree Village office. Landlord will not intervene in any dispute without a written complaint. Tenants should understand that Landlord may determine that a complaint is beyond the scope of these CC&R or that a single complaint may be insufficient evidence of issues covered under these CC&R. In either case, Landlord may elect not to take further action of any kind.
Tenant shall use and occupy the premises in a clean and wholesome manner and in compliance with all applicable governmental requirements including all public health and police regulations and all rules promulgated by the Michigan Manufactured Home Commission relating to such occupancy to the full extent permitted by law. Tenant shall not use or operate any equipment or machinery that is harmful to the premises or which is disturbing to other Tenants of TrailTree Village. Tenant shall not employ any person or persons in or about the premises whose employment may constitute or create a liability on the part of the Landlord. Tenant is required to provide Landlord with proof of license and insurance (such licensing and insurance shall be subject to approval by Landlord in their sole and absolute discretion) for any and all contractors or individuals doing work of any kind whatsoever inside TrailTree Village.
Tenants, their guests, agents, invitees or other occupants are prohibited from generating, manufacturing, discharging, releasing, burying or disposing of on, under or about TrailTree Village and from transporting to or from the leased site or another area of TrailTree Village, an hazardous substance as defined by any law or determined in the sole discretion of Landlord.
Advertising, soliciting, or delivering handbills is not permitted though Landlord reserves the right to communicate with Tenants through the distribution of written materials. No commercial enterprise or business that violates local, county, or state zoning ordinances may be conducted in TrailTree Village. All business conducted within TrailTree Village, of any kind whatsoever, is subject to the sole approval of Landlord and written authorization of Landlord must be obtained by Tenant prior to commencement of any business related activities whatsoever. This requirement is not intended to restrict the growth or use of home based businesses and Landlord approval will generally be based upon any impact on matters related to the health, safety and welfare of the TrailTree Village Community including such factors as any increase in traffic, parking considerations, use of TrailTree Community services such as water, sewer, trash, and recreational facilities, quiet enjoyment of residency by other Tenants and other factors. If approval is given for a business and subsequently that business violates any intent of this rule, authorization by Landlord may be revoked at Landlord's sole and absolute discretion without any liability whatsoever to Landlord.
No independent yard sales are permitted. Only community-wide, Landlord sponsored, yard sales are permitted. The Annual Spring TrailTree Village Community Yard Sale will be held the Thursday, Friday, Saturday, and Sunday after Mother's Day. The Fall Sale will be held on the Thursday, Friday, Saturday, and Sunday after Labor Day. Sale Hours will be from (9:00AM) to (6:00PM).
Tenants may have one (1) "domesticated" pet per household with Landlord's approval at a charge of twenty ($20.00) per month per pet. A second pet may only be permitted under Landlord's written approval and may be subject to the same above stated fees. A $200.00 non-refundable pet deposit shall be applied for each pet residing in park owned homes. Any non-approved pets will immediately be assessed the non-refundable pet deposit. THE DECISION TO APPROVE OR REJECT ANY PET IS AT THE SOLE AND ABSOLUTE DISCRETION OF LANDLORD AND THE DECISION BY LANDLORD MAY BE FOR ANY REASON OR FOR NO REASON. Landlord may, at the sole and absolute discretion of Landlord, approve more than one pet under circumstances which, in the sole and absolute opinion of Landlord, justify such approval.
A $75.00 per month per pet fine will be assessed for any pets present in the home which have not been approved in writing by Landlord. This fine will be assessed each month for each non-approved pet irrespective of the number of days in the month the non-approved pet(s) is(are) present - even one day will result in the assessment of this fine. This fine will be due and payable on the first day of the month following its assessment and will be payable with rent and as rent. Failure to pay this additional sum when required is deemed to be non-payment of rent under these CC&R, any related Lease and any related Lease Option Agreement and state law and will result in proceedings to terminate tenancy via a 7-day Notice to Quit Demand for Possession Non-Payment of Rent.
Landlord cares about your well-being. Adherence to the following guidelines is very important.
In the event Landlord provides mailbox or other keys to Tenants, a charge of fifty dollars ($50.00) shall be assessed for each and every lost key.
It is recommended that each manufactured home owner procure a manufactured home comprehensive form insurance policy insuring the home against loss or damage. It is also recommended that Tenant include liability coverage for personal injury which may occur on the home site or within the home.
Landlord disclaims responsibility for accident or injuries to Tenants, their family members, or guests which may occur within this community EXCEPT for Landlord's failure to perform a duty or negligent performance of a duty imposed by law. Furthermore, damaged or lost property resulting from fire, theft, wind, floods, or any other act of God which is beyond the control of Landlord is also specifically disclaimed EXCEPT for Landlord's failure to perform a duty or negligent performance of a duty imposed by law.
Landlord shall not be liable for damages to persons or property sustained by the Tenant or Tenant's employees, invitees or other persons due to the premises becoming out of repair or arising from bursting, stoppage or leakage of gas, steam, water or sewer pipes or from any matter related to the electrical supply and distribution system. Landlord shall not be responsible or liable to Tenant for any loss or damage that may be occasioned by or through acts or omissions of persons occupying adjoining premises or any part of the premises adjacent to or connected with the leased premises. Landlord shall not be liable for any damage or injury to any person or property which occurs on the premises resulting from the use of the playground, recreational facilities or any common ground areas.
A Handbook for manufactured home buyers and Tenants is available through the Michigan Manufactured Home and Land Resources Division of the Corporation and Securities Bureaus, Michigan Department of Commerce, P.O. Box 30222, Lansing, Michigan 48909. Copies may be available at front office and available upon written notice, and downloadable here.
There are a number of improvements within TrailTree Village and/or individual Tenant lots which DO NOT belong to TrailTree Village or Landlord and Landlord IS NOT responsible for them or any damage or losses resulting from them in any way whatsoever. The ownership and responsibility for these items as discussed in this section apply whether a home was placed on a home site by the current Tenant or whether the Tenant purchased an existing home with home site improvements already in place. These items include by way of example and not limitation
THE OBLIGATION OF GOOD FAITH IS IMPOSED ON BOTH PARTIES to these Covenants, Conditions & Restrictions in both the performance and enforcement of the conditions contained herein. These rules will be enforced by Landlord to insure the health, safety, welfare, comfort, peace, and quiet convenience of each Tenant in the park. Any Tenant who violates these Covenants, Conditions & Restrictions will have their lease canceled and will be evicted from the park.
Tenant acknowledges having read and understands all the stated rules and regulations and hereby agrees to comply with each and is in full agreement with these guidelines being an integral part of the Security Deposit Agreement and Lease between the Tenant and Landlord. Tenant acknowledges receipt of a copy of these Covenants, Conditions & Restrictions for Tenant's personal records. Tenant acknowledges that violations, breach or default of these Covenants, Conditions & Restrictions, whether singular or several, will be grounds for termination of the Tenant's Lease and will result in eviction from the park upon three days notice of such violation, breach, or default given by Landlord