I bought on a land contract — am I a member?

Yes. A land contract buyer is the member.

The covenants define "Owner" as the equitable owner — which includes someone holding a lot as a land contract buyer, not just someone holding outright title. The By-Laws say the same: ownership means legal ownership, or, with the consent of the legal owner, equitable ownership as a land contract buyer.

So the buyer under a land contract is the member, uses the common properties and facilities, and votes the lot. The seller, having sold on land contract, does not retain use the amenities.

The By-Laws also make clear that a lot carries only one ownership for membership purposes. The membership does not sit with two parties at once.

There is a related point in the covenants. Someone holding an interest in a lot **only as security** — a mortgage lender, for example — is not an owner and is not a member. A lender only becomes an owner if it takes title through foreclosure or a proceeding in place of foreclosure.

To establish your ownership with the Association, the By-Laws accept a deed, a land contract, **or** another document reflecting equitable or legal ownership, recorded with the Clare County Register of Deeds.

If you are buying or selling on land contract, tell the office. Getting the records right is what makes sure notices, ballots and assessment statements go to the right person.

*Source: By-Laws (Revised 2021), Sections 2.1 and 13.3; Restrictive Covenants, Article I ("Owner") and Article III, Section 1(a).*