HomeMy WebLinkAboutMaster Deed 2005.4.12 - Legal Document - 0000 Meetinghouse Road 4/12/2005 Meetinghouse Commons (Revised Master Deed) Page 1 of 2
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Glennon, Michel
From: Thomas J. Urbelis[tju@uf-law.com]
Sent: Tuesday, April 12, 200611:16 AM
To: John Smolak
Cc: Tom Zahoruiko; Michel Glennon
Subject: RE: Meetinghouse Commons (Revised Master Deed)
John.......... as revised, the form looks ok. I express no view as to the Substance because that is a matter for the
Board's determination. Tom
From: John Smolak [mailto:jsmolak@smolakvaughan.com]
Sent: Tuesday, April 12, 2005 8:54 AM
To: Thomas J. Urbelis; Thomas J. Urbelis
Cc: Tom Zahoruiko; 'Michel Glennon'
Subject: Meetinghouse Commons (Revised Master Deed)
Tom:
As a follow-up to this morning's discussion, the following is a revised Master need which not only incorporates
your comments from April 8, but also incorporates this morning's comments received from you by telephone this
morning. Please review and confirm the changes In this document are acceptable as to form. Moreover, as to
changes to the Affordability Provisions you requested back on April 8, and which are identified in Section (g) (iii)
therein, I would suggest that Condition No. 22 of the Comp. Permit allows for"additional rules and exceptions"to
be included within the affordability requirements, and I ask you to confirm that the original language under this
subsection would be acceptable as to form if the Zoning Board of Appeals approves the same,
Please confirm your acceptance of these changes ASAP, given that the Board will review these changes this
evening. Also, the changes to the Condo Trust are forthcoming.
Regards,
John
John T. Sniolak, Esq.
Smolak& Vaughan LLP
Jefferson Office Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 0.1845
TeL 978.327.5220 (Main)
TeL 978.327,5215 (Direct)
Fax 978.327.5219
E-Mail:jsmolak@SttiolakVaughan.com
corn
Welt Address: www,SmolakVaughan.com
4/12/05
Meetinghouse Commons (Revised Master Deed) Page 2 of 2
This communication is intended only for the use of tine individual or entity named as the addressee, It
may contain information which is privileged andlor confidential under applicable law. if you are not the
intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination,
copy or disclosure of this communicatlon is strictly prohibited. if you have receives{this communication
in error, please immediately notify as at(978) 327-5220 or via return Internet eWmail to
ismolak@smolakvaughan.com and expunge this communication without snaking any copies. Thank you
for your cooperation.
4/12/05
Meetinghouse Commons (Revised MasterDeed)
Glennon, Michel
From: John Smolak Usmolak@smolakvaughan.com)
Sent: Tuesday, April 12, 2005 9:54 AM
To: 'Thomas J. Urbelis; 'Thomas J. Urbelis'
Cc: 'Tom Zahoruiko'; 'Michel Glennon'
Subject: Meetinghouse Commons (Revised Master Deed)
Tom:
As a follow-up to this morning's discussion, the following is a revised Master Deed which not only incorporates
your comments from April 8, but also incorporates this morning's comments received from you by telephone this
morning. Please review and confirm the changes in this document are acceptable as to form. Moreover, as to
changes to the Affordability Provisions you requested back on April 8, and which are identified in Section (g)(Ili)
therein, I would suggest that Condition No. 22 of the Comp. Permit allows for"additional rules and exceptions"to
be included within the affordability requirements, and I ask you to confirm that the original language under this
subsection would be acceptable as to form if the Zoning Board of Appeals approves the same.
Please confirm your acceptance of these changes ASAP, given that the Board will review these changes this
evening. Also, the changes to the Condo Trust are forthcoming.
Regards,
John
«...>>
John T. Smolak, Esq.
Smolak& Vaughan LLP
Jefferson Office Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
TeL 978.327.5220(Main)
TeL 97.8.327.5215 (Direct)
Fax 978.327.5219
E-Mail:jsmolak@Smolakvaughan.com
Web Address: www,SmolakVaughan.com
This communication is intended only for the use of the individual or entity named as the addressee. It
may contain information which is privileged and/or confidential under applicable law. If you are not the
intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination,
copy or disclosure of this communication is strictly prohibited. If you have received this communication
in error, please immediately notify us at(978)327-5220 or via return Internet e-mail to
ismolak@smolakvaughan.com and expunge this communication without making any copies. Thank you
for your cooperation.
4/12/05
MEETINGHOUSE COMMONS
CONDOMINIUM
MASTER DEED
'u �c; ti� jl lit
TABLE OF CONTENTS
Page
(a) Creation of Condominium. ..................................................................................................I
(b) Description of Land. ............................................................................................................2
(c) Description of Buildings......................................................................................................2
(d) Description of Units, Decks and Balconies, Exclusive Use Areas, and Parking.................2
(e) Description of Common Areas and Facilities and The Proportionate Interest of Each Unit
Therein. ..............................................................................................................................10
(f) Master Plans.......................................................................................................................12
(g) Use of Units. ......................................................................................................................12
(h) Amendment of Master Deed..............................................................................................16
(i) Condominium Unit Owners' Association:.........................................................................24
�) Name of Condominium......................................................................................................25
(k) Encroachments...................................................................................................................25
(1) Pipes, Wires, Flues, Ducts, Conduits, Plumbing Lines and Other Common Facilities
LocatedInside of Units......................................................................................................25
(m) Comprehensive Permit.......................................................................................................25
(n) Creation of Contiguous Units; Division of Units; Certain Changes..................................27
(o) All Units Subject to Master Deed, Unit Deed, and By-Laws and Rules and Regulations of
theCondominium Trust.....................................................................................................30
(p) Federal Home Loan Mortgage Corporation; Federal National Mortgage Association. ....31
(9) Assignability. .....................................................................................................................31
(r) Invalidity............................................................................................................................31
(s) Waiver................................................................................................................................31
(t) Captions. ............................................................................................................................31
(u) Conflicts.............................................................................................................................32
(v) Non-Recourse. ...................................................................................................................32
EXHIBIT A: Description of Land ................................................................................................34
EXHIBIT B: Description of Buildings.........................................................................................36
EXHIBIT C: Description of Units................................................................................................37
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Master Deed
CONDOMINIUM MASTER DEED
MEETINGHOUSE COMMONS CONDOMINIUM
MEETINGHOUSE ROAD
NORTH ANDOVER, MASSACHUSETTS
(a) I. Creation of Condominium.
The undersigned, Meetinghouse Commons, LLC, a Massachusetts limited liability
company having its principal office at 121 Carter Field Road, North Andover,
Massachusetts 01845, being the sole owner of the land with the buildings thereon with
the post office address of Meetinghouse Road,North Andover, Essex County,
Massachusetts 01845, described on Exhibit A, which is attached hereto and hereby
incorporated herein by this reference and made a part hereof, does hereby, by duty
executing and recording this Master Deed, submit said land, together with the buildings
and improvements erected thereon and all easements, rights and appurtenances belonging
thereto, (the "Subject Property") to the provisions of Massachusetts General Laws,
Chapter 183A(the"Act"). The Declarant does hereby state that it intends to create, and
does hereby create, a condominium (the "Condominium") with respect to the Subject
Property, to be governed by and subject to the provisions of the Act.
H. Condominium Phasing.
The Declarant plans to develop the Condominium as a phased condominium. If all
phases are ultimately built and added to the Condominium, there will be forty-six (46)
detached dwellings (the"Detached Dwellings", individually, a "Detached Dwelling"),
fourteen(14)Townhouses(the "Townhouses", individually, a"Townhouse"), and
twenty-eight (28) flats (the "Flats", individually, a"Flat"). Phase I consists of one (1)
Detached Dwelling. Future phases will consist of Detached Dwellings, Townhouses
and/or Flats. However, the Declarant is not obligated to add any future phases.
Moreover, the Declarant may develop the Condominium in any number of subphases,
and may change the number, size, height and configuration of any units in future phases.
Section(h)III hereof sets forth the Declarant's easements and rights to add Phases,
Buildings and Units, and the procedure whereby the Declarant may unilaterally amend
this Master Deed at any time and from time to time, and all Unit owners, and all those
claiming by, through or under them shall be deemed to have consented to such
amendments, and, except for the signature of the Declarant, no signature of any owner, or
any mortgagee, or any trustee of the Condominium Trust, or any person claiming by,
through, or under any owner(including the holder of any mortgage or other encumbrance
with respect to any Unit), or any other party, shall be necessary so as to add additional
Phases, Buildings or Units to the Condominium. The Land described in Section (b) and
the now extant one (1) Detached Dwelling thereon constitutes Phase I. Said Section
(h)III. also describes the Declarant's additional rights in connection with phasing, and
certain limitations on the Declarant's phasing rights.
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Master Deed
(b) Description of Land.
The premises which constitute the Condominium consists of the land described on
Exhibit A which is attached hereto and is hereby incorporated herein by this reference
and made a part hereof(the"Land") together with the buildings and improvements
thereon. The Declarant hereby expressly reserves to itself and its successors-in-title and
their nominees, for a period ending five (5) years next after the date on which this Master
Deed is recorded, the casement, license, right and privilege to pass and repass by vehicle
and on foot in, upon, over and to the common areas and facilities of the Condominium
(hereinafter defined) for all purposes, including but not limited to transportation of
construction materials in order to complete construction work on the Condominium.
Nothing in this paragraph shall be deemed to create any rights in the general public. The
Declarant reserves the exclusive right to grant easements over, under, through and across
the common areas and facilities of the Condominium, including but not limited to the
land and all buildings, for the purpose of(a) satisfying the Comprehensive Permit
described in Section(m) hereto, or variance or special permit or other requirements
requirement of the Town of North Andover and (b) installing cable television lines and
utilities serving the Units and the common areas and facilities in the Condominium and
such other equipment as may be necessary for the installation and operation of the same,
and the Declarant reserves the right to install cable television lines and such other
equipment as may be necessary for the installation and operation of same in any portions
of the Condominium buildings.
(c) Description of Buildings.
There is one (1) building (the "Building") on the Land, which is Unit 86, a Detached
Dwelling. The Building is described on Exhibit B which is attached hereto and is hereby
incorporated herein by this reference and made a part hereof. The Building in Phase I
contains no more than two (2) stories, plus a basement. The Building is wood frame,
with wood joists. The interior walls are drywall. The roof is composite/shingle. Unit 86
contains a two (2) car garage.
(d) Description of Units, Decks and Balconies, Exclusive Use Areas, and Parking.
1. Units.
The designation of each Unit, and a statement of its location, approximate area,
number of rooms, and immediate common area to which it has access, and its
proportionate interest in the common areas and facilities of the Condominium are
as set forth on Exhibit C which is attached hereto and is hereby incorporated
herein by this reference and made a part hereof.
The Declarant reserves the easement and right to change the number, size,
location, and configuration of Units at any time and from time to time as set forth
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Master Deed
in section (n) hereof. The boundaries of each of the Units with respect to the
floors, ceilings, and walls thereof are as follows:
All units except Flats:
Each Detached Dwelling shall be a single family free-standing dwelling house or
single family attached dwelling house. Each Townhouse shall be an attached Unit.
Each Detached Dwelling and Townhouse shall have the exclusive use of
walkways, driveways, decks, porches and entryways servicing that only that unit.
These exclusive use areas which are part of the Limited Common Area of the
condominium, and are defined in Section(d)III hereof, are sometimes referred to
herein as Exclusive Use Areas (EUAs). The boundaries of each of the units other
than Flats with respect to the floors, ceilings, walls, doors and windows thereof
are as follows:
(i) Concrete Floors; The plane of the upper surface of the concrete basement
floor slab.
(ii) Concrete Walls: The plane of the interior finished surface of the concrete
walls.
(iii) Roofs or.U pper Boundaries: The plane of the unfinished interior surface
of the attic roof rafters.
(iv) Walls Doors and Windows: As to walls, the plane of the interior surface
of the wall studs or, in the case of concrete walls, the interior surface of
the concrete walls facing the Unit; as to exterior doors, the unpainted
exterior surface thereof; as to the exterior door frames, sashes, and
window frames and sashes, the unpainted exterior surface thereof; and as
to the windows, the exterior surface of the glass. As to the interior
building walls between units, the centerlines of the wall between units.
(v) Garage: As to the garage portion of each unit, the plane of the upper
surface of the concrete floor slab, the plane of the lower surface of the
interior surface of roof rafters, and as to walls, the plane of the interior
surface of the wall studs and/or concrete walls facing the garage; as to the
exterior doors, the unpainted exterior surface thereof; as to the exterior
door frames and sashes and window frames and sashes, the unpainted
exterior surface thereof; and as to the windows, the exterior surface of the
glass.
(vi) Pipe Chases, Shafts or Other Enclosures concealing pipes (including but
not limited to sprinkler pipes), wires, or conduits within a unit are part of
that unit, but the pipes, wires or conduits within such pipe chase, shaft or
other enclosure which serve more than one Unit are a part of the Detached
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Master Deed
Dwelling Limited Common Area (as defined in Section(e) hereof), or the
Townhouse Limited Common Area, as the case may be.
(vii) Fireplaces, Chimneys, and flues located within chimneys. A fireplace, if
any, and the flue serving such fireplace is a part of the unit served by such
chimney and flue. The chimney is a part of the Detached Dwelling
Limited Common Area, or the Townhouse Limited Common Area, as the
case may be.
(viii) All storm and screen windows and doors, whether interior or exterior,
shall be the property of the Owner of the unit to which they are attached or
attachable and shall be furnished, installed, maintained, repaired and
replaced at the sole expense of such Unit Owner, provided, however, that
there shall not be any change, replacement or repair of any of the above
items without the prior approval of the Condominium Trust. Each unit
includes all conduits, ducts, pipes, flues, wires, meter area and other
installations or facilities for the furnishing of utility services or waste
removal and all components of any of the foregoing which are situated
within a unit or which are situated in, on or within the EUA set aside for
the exclusive use of said unit.
(ix) All Common Area located near or attached to each unit specifically
including, but not limited to the roof, perimeter or exterior walls, lawns,
plantings, driveways, parking areas, recreational facilities, decks, stairs
and landings if any, walks and all structural portions of the unit shall not
be part of the Unit, but shall be Limited Common Area, for the benefit of
the unit to which it is attached or which it serves. The maintenance and
upkeep of the Detached Dwelling Limited Common Areas shall be
allocated to all Detached Dwellings as a group, as Detached Dwelling
Common Expenses, as defined in Section 2 of the By-Laws of the
Condominium Trust, and the maintenance and upkeep of the Townhouse
Limited Common Areas shall be allocated to all Townhouses as a group,
as Townhouse Common Expenses, as defined in Section 2 of the By-Laws
of the Condominium Trust, notwithstanding that a given Unit has
exclusive rights to use all or some of these areas;
(x) The Trustees of the Condominium Trust shall be obligated to maintain,
repair and replace the Detached Dwelling Limited Common Area, but at
the expense only of the owners of the Detached Dwellings, as a group,
The Trustees of the Condominium Trust shall be obligated to maintain,
repair and replace the Townhouse Limited Common Area, but at the
expense only of the owners of the Townhouses, as a group. Each unit
owner shall be obligated to pay the expenses described in the preceding
sentence in accordance with the portion that the undivided interest in the
Common Area of their unit bears to the undivided interest in the Common
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Master Deed
Area of all Detached Dwellings, or Townhouses, as the case may be, and
all such expenses shall be assessed as Detached Dwelling or Townhouse
Common Expenses, respectively. No change to the exterior of any unit,
including but not limited to any exterior door, door frame or sash, or
exterior window frame or sash, or screens, sereen doors, storm windows or
storm doors without the express prior.written permission of the Trustees of
the Condominium Trust in each instance.
(xi) All Detached Dwellings and Townhouses are heated by means of a
separate heating, ventilating and air conditioning system, all portions of
which whether located within or without the Unit, are a part of the Unit
which it serves. Each Detached Dwelling and Townhouse is heated by
means of a separate Unit-controlled gas fired heating, and electric air
conditioning system with a rooftop compressor(A "Unit HVAC System").
Hot water for each Unit is supplied by an electric hot water heater located
in the Unit.
Each Unit Owner shall be responsible for (a) the cost heating and cooling
his Unit as established by metering, (b) the maintenance, operation, repair,
and replacement of, and electricity required to operate (x) the Unit HVAC
System, including all portions of the same whether located within or
without the Unit (y) the hot water heater in his Unit, and (z) all pipes,
wires, controls, conduits, and equipment appurtenant to the foregoing,
whether located within or without the Unit.
The Trustees shall be responsible for the maintenance, operation, repair
and replacement of the heating and cooling systems that serve areas of the
Buildings other than units,
Each Unit Owner shall keep his unit heated to a temperature of not less
than SO degrees Fahrenheit to avoid the possibility that pipes will freeze.
(xii) Each Detached Dwelling and Townhouse includes the ownership of all
utility installations (including but not limited to a hot water heater)
contained therein or on the EUA set aside for the exclusive use of said
unit, which exclusively serve that unit,
(xiii) Each unit shall have as appurtenant thereto the right and easement to use,
in common with all the units served thereby, all utility lines and other
common facilities which serve it, but which are located in or pass through
the streets and ways or Common Land shown on the Plan herein referred
to, or in or through EUA's.
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Master Deed
(xiv) Each unit shall have as appurtenant thereto the right to use the Common
Areas and Facilities, as described in Section(e) hereof, in common with
the other units in the condominium, except for the Exclusive Use Areas
described in Section (d)III hereof which are reserved for the exclusive use
of the units to which such areas appertain.
Flats:
The boundaries of each of the Flats with respect to the floors, ceilings, and walls
thereof are as follows:
(i) Floors: The upper surface of the sub-flooring;
(ii) Ceilings: The lower surface of the sub-flooring of the floor above;
(iii) Exterior Walls: The interior surface of the wall studs facing the interior of
the unit.
(iv) Interior• Walls between Units: The centerline of the wall between Units.
(v) Interior Walls between Units and Common Areas and Facilities: The plane
of the wall studs facing the common areas and facilities.
(vi) Pipe Chases, Shafts or Other Enclosures concealing pipes (including but
not limited to sprinkler pipes), wires, or conduits within a unit are part of
that unit, but the pipes, wires or conduits within such pipe chase, shaft or
other enclosure which serve more than one Unit are a part of the Flats
Limited Common Area.
(vii) F_r_eplaces, Chimneys, and flues located within chimneys. A fireplace, if
any, and the flue serving such fireplace is a part of the unit served by such
chimney and flue. The chimney is a part of the Flats Limited Common
Area.
(viii) Doors and Windows that open from a unit are part of that unit.
Notwithstanding the boundary definition in the preceding sentence, all
storm and screen windows and doors, whether interior or exterior, shall be
the property of the Owner of the unit to which they are attached or
attachable and shall be furnished, installed, maintained, repaired and
replaced at the sole expense of such unit owner, provided, however, that
there shall not be any change, replacement or repair of any of the above
items without the prior approval of the Condominium Trust.
(ix) All Flats are heated by means of a central heating, ventilating and air
conditioning system, all portions of which whether located within or
without the unit, are a part of the Flats Limited Common Area. All
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Master Deed
expenses with respect to the use, operation, maintenance, repair and
replacement of the heating, ventilating and air conditioning system serving
the Flats shall be assessed to all of the owners of Flats as a group, as Flat
Common Expenses, and as defined in Section 2 of the Condominium
Trust.
Hot water for each Unit is supplied by an electric hot water heater located
in the Unit.
Each Unit Owner shall be responsible for the hot water heater in his Unit.
Each Unit Owner shall keep his unit heated to a temperature of not less
than 50 degrees Fahrenheit to avoid the possibility that pipes will freeze.
II. Decks, Patios, Balconies:
Certain units have direct access to a deck or balcony. The owner of any unit that
has direct access to a deck or balcony shall have, as an appurtenance to his unit,
an easement for the exclusive right to use such deck or balcony. Decks and
balconies shall not be enclosed. Decks and balconies shall not be used as rooms.
The responsibility to maintain, repair and replace non-structural portions of a deck
or balcony shall be that of the owner of the unit to which such deck or balcony is
appurtenant. Unit owners whose units have direct access to a deck or balcony
shall maintain, repair and replace the deck or balcony in a neat and orderly
condition. The responsibility to maintain, repair and replace all structural portions
of a deck or balcony shall be that of the Condominium Trust. No cooking shall be
permitted on a balcony. The Condominium Trust may permit cooking on decks
only if permitted by the Town of North Andover,
III. Exclusive Use Areas,
Each Detached Dwelling and Townhouse shall have the exclusive right and
easement to use (to the exclusion of other unit owners but not to the exclusion of
the Trustees of the Condominium Trust) so much of the immediately surrounding
Condominium Land being shown as an Exclusive Use Area (EUA) and
designated on the Site Plan, and any successive site plans recorded hereafter.
No unit owner shall build or install any improvement to an EUA without the
express prior written consent of the Condominium Trust in each instance. Any
such improvement shall be maintained and repaired by and at the expense of the
owner of the unit entitled to the use of the EUA on which such improvement is
located.
IV. Parkin.
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Master Deed
f
(i) There ninety-two (92) parking spaces located in Detached Dwelling
garages (the"Detached Dwelling Garage Parking Spaces", individually, a
"Detached Dwelling Garage Parking Space"), fourteen (14) parking
spaces located in Townhouse garages (the "Townhouse Garage Parking '
Spaces", individually, a"Townhouse Garage Parking Space"), sixteen
(16) parking spaces located in Flat garages (the "Flat Garage Parking
Spaces", individually, a"Flat Garage Parking Space"), ninety-two surface
parking spaces for Detached Dwellings (the "Detached Dwelling Surface
Parking Spaces", individually, a"Detached Dwelling Surface Parking
Space"), fourteen(14) surface parking spaces for Townhouses (the
"Townhouse Surface Parking Spaces", individually, a "Townhouse
Surface Parking Space"), and forty-two (42) surface parking spaces for
Flats (the "Fiats Surface Parking Spaces", individually, a"Flat Surface
Parking Space"), and 12 undesignated open spaces, a total of two hundred
eighty (280) parking spaces. Detached Dwelling Garage Parking Spaces,
Townhouse Garage Parking Spaces and Flat Garage Parking Spaces are
sometimes herein referred to collectively as "Garage Parking Spaces."
Detached Dwelling Surface Parking Spaces, Townhouse Surface Parking
Spaces and Flat Surface Parking Spaces are sometimes herein referred to
collectively as "Surface Parking Spaces." All parking spaces (including
Garage Parking Spaces and Surface Parking Spaces) are sometimes herein
referred to collectively as the "Parking Spaces." Parking Spaces other
than Detached Dwelling Garage Parking Spaces and Townhouse Garage
Parking Spaces are sometimes herein referred to collectively as the "Non
DD/TH Garage Parking Spaces." Surface Parking Spaces other than
Detached Dwelling Surface Parking Spaces and Townhouse Surface
Parking Spaces are sometimes herein referred to as the "Non DD/TH
Surface Parking Spaces."
The Non DD/TH Garage Parking Spaces and the Non DD/TH Surface
Parking Spaces shall be a part of the common areas and facilities.
However, notwithstanding anything to the contrary in this Masten Deed,
the Declarant of this Master Deed hereby expressly reserves to itself and
its successors and assigns and its or their designees, the exclusive right
and easement from time to time to sell and convey easements for the
exclusive use of the Non DD/TH Garage Parking Spaces and the Non
DD/TH Surface Parking Spaces (collectively, the "Parking Easements";
individually, a "Parking Easement") to Unit Owners. A deed to a
Detached Dwelling or a Townhouse unit which contains a garage shall
automatically be deemed to include fee ownership to the parking spaces
located within that garage. The Declarant may sell and convey Parking
Easements to unit Owners, for such consideration as the Declarant shall
decide, and such consideration shall be and remain the Declarant's sole
property. The Declarant shall have the right to grant Parking Easements
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Master Deed
either in unit deeds, or by separate instruments. The Declarant reserves
the right to permit parking in the Parking Spaces by sales personnel and
visitors, and to use, rent, license or lease Parking Spaces. Any Parking
Easements which have not been conveyed to grantees whether prior to or
subsequent to the conveyance of the last unit to be conveyed by the
Declarant, shall be deemed to continue to be owned by the Declarant as
easements in gross until such time, if at all, as the Declarant expressly
conveys the same.
The Trustees shall maintain(including but not limited to the removal of
snow and ice), and repair all Surface Parking Spaces and exterior paved
surfaces on the Land, as a part of the Condominium budget. Maintenance
of Detached Dwelling Garage Parking Spaces and Townhouse Garage
Parking Spaces shall be the responsibility of the owner of the Detached
Dwelling or Townhouse which contains a garage.
The Trustees shall maintain (including but not limited to the removal of
snow and ice), and repair all Flat Garage Parking Spaces and all garages in
which Flat Garage Parking Spaces are located, as a part of the Flat Limited
Common Expenses.
Surface Parking Easements may not be used for any purpose except the
parking of vehicles. Storage shall not be permitted in Surface Parking
Spaces. Boats, trailers, unregistered vehicles, or inoperable vehicles shall
not be parked in Surface Parking Spaces or elsewhere on the Land.
When conveyed to a unit owner(whether in a unit deed or otherwise), a
Parking Easement shall be deemed to be appurtenant to the Unit owned by
such Unit owner, but any unit Owner who purchases a Parking Easement
(whether in his unit deed or otherwise) shall have the right to freely
convey such easement, but only to another unit Owner in the
Condominium. A Parking Easement which has been conveyed to a unit
Owner, and which such unit owner has not conveyed to another unit
owner prior to his execution and delivery of a deed of his unit shall be
deemed to be conveyed with such unit as an appurtenance to such unit, but
any unit owner shall have the right to convey such casement in accordance
with the provisions of this Section. The provisions of this clause(iii) shall
not derogate from the rights of the Declarant under the provisions of
clause (i) of this section.
(iv) In the event that the Subject Property is removed from the provisions of
the Act, all Parking Easements shall be deemed extinguished as of the date
such removal becomes effective. If fire, other casualty or eminent domain
was the reason for such removal, the owners of such easements shall be
entitled to insurance and/or eminent domain proceeds attributable to such
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Master Deed
easements. Except for the responsibility to maintain and repair which shall
be as set forth hereinabove, the owner of a Parking Easement (and the
owner of a Detached Dwelling Garage or Townhouse Garage) shall bear
all risks, including theft and vandalism, with respect to such Parking
Easement (or garage) and any vehicle parked on the Parking Spaces (or in
such garage), and shall carry appropriate insurance (including liability
insurance) with respect to such Parking Easement (or garage). Each owner
of a Parking Easement (and a Detached Dwelling Garage or Townhouse
Garage) hereby releases the Condominium Trust from any liability in
connection with his use of a Parking Easement(or such garage) and in
connection with the parking of a vehicle on a Parking Space(or in the
garage), except for the negligence or willful act of the Condominium Trust
or its agents, and employees.
(e) Description of Common Areas and Facilities and The Proportionate Interest of
Each Unit Therein.
The common areas and facilities of the Condominium(the "common areas and
facilities") consists of the Land as described in paragraph (b) ("Description of Land") of
this Master Deed and all parts of the Buildings as described in paragraph (c)
("Description of Buildings") of this Master Deed, other than the Units described on
Exhibit C hereto, subject to the provisions regarding Decks and Balconies set forth in
Section(d)ll, the provisions regarding Exclusive Use Areas set forth in Section(d)III,
and the provisions regarding parking set forth in Section (d)IV. Decks and Balconies as
described in Section (d)II, Exclusive Use Areas as described in Section(d)III, and
Parking Spaces as described in Section(d)IV, are herein collectively defined as
"Exclusive Appurtenances,"
Without limiting the foregoing language in this paragraph (e), the common areas and
facilities of the Condominium include;
(i) the Land described in paragraph(b) ("Description of Land") of this Master
Deed, subject to the provisions regarding parking set forth in Section
(d)IV hereof and subject to the provisions regarding Exclusive Use Areas
set forth in Section (d) III hereof.
(ii) the foundations and footings of the Buildings and all portions thereof, and
all structural columns, structural lintels, girders, beams, slabs, supports,
and floor, ceiling and roof beams and joists and all structural members
appurtenant to such floor, ceiling and roof beams and joists, exterior walls
and any interior load bearing walls, the sub-flooring below the upper
surface thereof, elevators and all apparatus, controls, and wiring
appurtenant thereto,roofs, building entrances and exits other than direct
entrances and exits to and from a unit to the outside, and all structural
portions of the Buildings, stairwells, corridors (other than stairwells and
10
i
Master Deed
corridors located entirely within a Unit), and electrical closets (other than
electrical closets located entirely within a Unit).
(iii) installations of central services such as power, light, drains, hot and cold
water, vents, heating, air conditioning and heating and air conditioning
lines, but only if and to the extent that such installations serve more than
one unit. Such equipment and installations servicing a single Detached
Dwelling or Townhouse, whether located in whole or in part within, or
without such unit, are a part of the unit, which it services and is not a part
of the common areas and facilities. All main risers are a part of the
common areas and facilities. Distribution lines from main risers to a unit
are a part of such unit, even if located outside the boundaries of such unit;
(iv) all conduits, pipe, ducts, plumbing, wiring, flues and other facilities for
the furnishing of utility services or waste removal and vents which are
contained in portions of the Buildings outside of the units and which serve
the common areas and facilities and/or two or more units, and all
installations outside the Units for services such as lights, power,
telephone, water, and sanitary sewer drainage and which serve the
common areas and facilities and/or two or more units. All sprinkler pipes
and heads shall be a portion of the common areas and facilities. All main
risers are a pail of the common areas and facilities. Distribution lines from
main risers to a unit are a part of such unit, even if located outside the
boundaries of such unit;
(v) exterior lighting devices and wires and poles serving the same;
(vi) the Parking Spaces, subject to the provisions of Section(d)IV of this
Master Deed;
(vii) the Community Building as set forth on the Master Plans, The Community
Building shall be used for a common meeting room, and for such
additional purposes as the Trustees of the Condominium Trust may from
time-to-time determine.
(viii) the following areas in the Buildings in which the Plats are located:
entrance foyer, entrance vestibule, lobby, waiting area, bicycle racks, and
bicycle storage rooms, dumpster and dumpster enclosure, transformer pads
(and transformers to the extent same are the property of the
Condominium), mechanical rooms, maintenance room,mail room,
electrical rooms, elevator lobbies, elevator shafts, elevator machine rooms,
and stairs.
(ix) the walking trails.
11
Master Deed
(x) all other portions of the Subject Property and listed as common areas in
the Act, except for the Units described on Exhibit C hereto, subject to the
provisions regarding Decks and Balconies set forth in Section(d)II, the
provisions regarding Exclusive Use Areas set forth in Section (d)III, the
provisions regarding parking set forth in Section(d)IV and the provisions
regarding the Declarant's right to re-enter and repossess the remaining
land which has not been included in any phase as set forth in Section(a)I
hereof
The proportionate interest of each Unit of the Condominium in the
common areas and facilities of the Condominium shall be as set forth on
Exhibit C which is attached hereto and is hereby incorporated herein by
this reference and made a part hereof.
(f) Master Plans.
A set of the floor plans of the Buildings showing the layout, location, Unit numbers and
dimensions of the Units, and bearing the verified statement of a Registered Professional
Engineer certifying that the plans fully and accurately depict the layout, location, Unit
number and dimensions of the Units as built, all pursuant to the Act, have been recorded
simultaneously with the recording of this Master Deed. A site plan showing the footprint
of the Building has also been recorded simultaneously with the recording of this Master
Deed. Said set of plans, herein sometimes called the "Master Plans" is hereby
incorporated herein by this reference and made a part hereof.
(g) Use of Units,
(i) Units shall be used for residential purposes, Any the Units ,,,.,y also be
d (y) on `
if and to the e�dent stieh aeeessafy effiee use is t boo
hefee), an
shall be substantially in4equent.
(ii) Units in the Condominium shall be conveyed, leased or rented only to
individual grantees or tenants who have attained the age of fifty-five (55)
years, and if conveyed to tenants in common,joint tenants or tenants by
the entirety, or rented or leased to co-tenants, at least one such grantee or
tenant shall have attained the age of fifty-five (55) years.
(iii) Units shall be occupied solely by the owners thereof, and their tenants and
temporary gratuitous guests. Gratuitous guests who have not attained the
age of fifty-five (55) years shall be permitted to occupy units on a
temporary basis not exceeding six (6)months in any twelve (12) month
period. In the event that a unit owner under the age of fifty-five (55)
12
Master Deed
r
takes title to the unit as a tenant in common,joint tenant or tenant by the
entirety, (or occupies the unit as co-lessee or tenant) with an individual
who has attained the age of fifty-five (55) years, and such individual who
has attained the age of fifty-five (55) years later dies„or-is-unable-ce
eantinue to (b) in the event of the death of the unit as the direet
result of disability requiring that lie/,1, t,e-admitted t., a h ita nur
9
homeowner who has attained the age Ifty-five (55); or like faeilityi,_UC
in the event of foreclosure or other involuntary transfer of a unit; then the
oihev unit awner of ,, tenant ,hallthere shall be.a two (2) year exemption
eriod to allow for the transfer of the unit to a unit owner who has attained
the age of fift -five 55 so long as the provisions of the "Housing Laws"
(defined below) are not, solely violated by rease 1 of the death th or disability
of hi.s/hei!tenal4t : „t tenant, tenant by the entirety _
va a.a J/AiV1 LVAAµAi[ 111 VVAf AALAV II,�V111[ LVlliilt[, [V1SNil[ V�,'"'11'1{:A"�LJl1'['IIVL�11e1J
t@lkafA, be obligated te vaea4e the tinit, however,
of. ;t„ „h h Ott. ed theage of fifty f:r (55) the even
Vl CL Li1L1[owner who llµ.] µZ , �
/,eup S the 'Lit as the direct
VVG
result
of disability . that h„/y h e admitted to a h„ p:t„l
home of like faefl;ty on Hefit basis sueh thRt the ,itewner- ill
etsii.f, to the unit, or- the event f f..,,,,I,...,..,e or-e l er lut tarry
transfer f a r ,;t, N LYPv th f e hall be ., two `(2) yeaf
ev .,i, .„t:,
fifty five (55) s long as this , does not violate a l' 1 l
1 Al L�,' 11YV `J✓J, NJ long LLL] L[liJ L/YAIIf ii'fAL
hwv ssuch occu anc For purposes of this Paragraph, the"Housing Laws"
are defined as the Fair Housinp,Act 42 USC section 3607 b as amended
the regulations promulgated thereunder, 24 C1iR Subtltle_B, Ch. 1, section
100.300 et seq. and M.G.L. c. 151B, section 4.
(iv) It shall be a condition precedent to any conveyance, rental or lease of a
unit that the seller or owner thereof shall verify the ages of the prospective
purchaser, tenant or lessee by requiring such prospective purchaser, tenant
or lessee to produce an affidavit, executed before a notary public under
pains and penalties of perjury that such purchaser, tenant or lessee has
attained the age of fifty-five (55), and a birth certificate, passport, driver's
license, or other documentation that will offer reliable evidence of such
persons' age (collectively, the "Age Documentation"). The Age
Documentation shall be submitted by the seller or owner to the Trustees
not less than fifteen (15) days prior to the proposed conveyance, lease or
rental. It shall be the duty of the Trustees to review the Age
Documentation. If the Trustees shall in good faith doubt the veracity of
the Age Documentation, the Trustees shall have the right to require the
owner of the unit in question to obtain additional documentation from
such unit owner's prospective purchaser, tenant or lessee, at the expense
of such unit owner. 1f the Age Documentation appears to be in order and
13
Master Deets
to establish that at least one of the prospective purchasers, tenants or
lessees has attained the age of fifty-five (55) years, the Trustees shall be
entitled to rely thereon and shall not be obligated to conduct an
investigation to verify that such purchaser, tenant or lessee has attained the
age of fifty-five (55) years, nor to require additional documentation.
(v) If the Trustees, having reviewed the Age Documentation are satisfied that
one of the purchasers, tenants or lessees has attained the age of fifty-five
(55) years, the Trustees shall execute an instrument substantially similar to
Exhibit C to the Declaration of Trust of the Condominium Trust in proper
form for recording. Such certificate shall be valid if executed by any two
Trustees and acknowledged by one Trustee. If the owner of the unit in
question is a Trustee,then the signatures of two Trustees other than such
unit owner shall be required under the provisions of this Section. Such
certificate shall be recorded in the Essex North District Registry of Deeds
as a condition precedent to the conveyance of the unit and no unit
conveyance shall be valid unless such certificate has been so recorded. In
the event of a lease or rental, such certificate need not be recorded, but
shall be delivered to the owner of the unit in question, and no lease or
rental shall be valid unless such certificate shall have been so executed by
the Trustees. All leases and rental agreements shall be in writing, signed
by the landlord and tenant or lessee, and shall by their terms, be expressly
subject to the provisions of this Section (g). In the absence of fraud, the
execution of a certificate under the provisions of this Section(g) by any
two Trustees shall be conclusive on all questions as to the age of the
prospective purchaser, tenant or lessee in question; and in the absence of
fraud, no conveyance, rental or lease for which a certificate under the
provisions of this Section(g) has been executed by any two Trustees shall
thereafter been deemed to be void or voidable. Any Trustee acting in
good faith under the provisions of this Section (g) shall not be liable in the
event of any error made in good faith respecting the subject matter of this
Section(g).
(vi) Twenty-five percent (25%) of the units shall be so-called "Affordable
Units", as defined in Section (m)hereof.
(vii) No Unit shall be used or maintained in a manner inconsistent with this
Master Deed, or the Declaration of Trust of the Condominium Trust and
the By-Laws of the Condominium Trust and the rules and regulations
from time to time adopted pursuant thereto, and
(viii) Notwithstanding the foregoing, until the Declarant or its successors-in-title
or their nominees have sold and conveyed all of the units and parking
spaces, the Declarant or its successors-in-title or their nominees may use
14
Master Deed
one or more units for sales offices, models and other purposes, and may
rent, lease or license units and parking spaces.
(ix) The Meetinghouse Commons Condominium is a condominium
community and not a rental apartment project: The Unit owners desire to
maintain Meetinghouse Commons Condominium as an--a principally
owner-occupied residential community. All rentals, leases, or licenses of
Units shall be subject to the provisions of this Master Deed and of the
Declaration of Trust of the Condominium Trust and the By-Laws and
Rules and Regulations thereto and all tenants, occupants and licensees of
Units shall be obligated to observe all of the provisions of this Master
Deed, the Declaration of Trust of the Condominium Trust and the By-
Laws and Rules and Regulations thereto. Any lease or rental of a unit
(other than a lease or rental by the Declarant) shall be subject to the
following;
A. the lease or rental agreement shall be in writing,
B. the lease or rental agreement shall apply to the entire unit, and not
a portion thereof,
C. the term of the lease or rental agreement shall be not less than six
(6)months,
D. the occupancy of the unit shall be for not more than two (2)
unrelated people,
E. the lease or rental agreement shall expressly provide that the lease
or rental agreement is subject to the condominium documents
including the age restriction,
F. a copy of the lease or rental agreement shall be provided to the
Condominium Trust, and
G. with respect to Affordable Units, leasing or rental shall be
prohibited except as otherwise provided by the regulatory
agreement between the Declarant and the Town of North Andover
(the "Regulatory Agreement") and the affordable housing deed
rider to each Affordable Unit deed (the "Deed Rider") which shall
incorporate items A through F above and further provide that in no
event shall an affordable unit be rented at market rent.
(x) Unit owners are aware that the Condominium is adjacent or in close
proximity to a farm known as the "5molak Farm," Unit owners are aware
15
1
Master Deed
that the conduct of a farm may include various activities (including but not
limited to spraying)which may result in odors, noise and other I
manifestations of a farming operation, Unit owners and those claiming j
by, through and under unit owners, and mortgagees, shall not in any way
object to or impede the conduct of one or more farms adjacent or in close
proximity to the Condominium.
(xi) Reference is hereby made to an Easement Agreement by and between the
Declarant and Smolak Farms Realty, LLC dated March , 2005 and
recorded in the Essex North District Registry of Deeds in Book at
Page (the "Smolak Farm Easement"). The Condominium, the Land,
the Buildings, the Units and the common areas and facilities shall be
permanently subject to the provisions of the Smolak Farm Easement. For
details, see the Smolak Farm Easement.
(h) Amendment of Master Deed.
I, Except as set forth in Sections (h)II, h(III) and (n) hereof, this Master
Deed may be amended by (i) vote of the owners of Units entitled to not
less than sixty-seven (67%) percent of the undivided interests in the
common areas and facilities, and (ii) the assent of not less than fifty-one
(51%) percent (except in cases where a higher percentage is required by
Section 32 of the By-Laws of the Condominium Trust, in which,case such
higher percentage specified in said Section 32 shall be applicable) of the
holders of first mortgages on the Units (based upon one vote for each
mortgage owned) but only if such amendment would materially affect the
rights of any mortgagee, and (iii) vote of a majority of the Trustees: Any
such amendment shall be effective when an instrument in writing, signed
and acknowledged in proper form for recording by a majority of the
Trustees, who certify under oath in such instrument that the amendment
has been approved by the requisite vote of unit owners, first mortgagees
and Trustees set forth in the first sentence of this paragraph, is duly
recorded in the Essex North District Registry of Deeds,provided,
however, that:
(A) No such instrument shall be of any force or effect unless and until
the same has been recorded in the Essex North District Registry of
Deeds within six (6) months after the requisite vote of the Unit
Owners and the Trustees, and the requisite assent of first
mortgagees has taken place; and
16
Master Deed
(B) The percentage of the undivided interest of each Unit Owner in the
conunon areas and facilities as expressed in this Master Deed shall
not be altered without the consent of all Unit Owners whose
percentage of the undivided interest is affected, as expressed in an
amended Master Deed duly recorded; and
(C) No instrument of amendment which alters the dimensions of any
Unit shall be of any force or effect unless the same has been signed
and acknowledged in proper form for recording by the owner or
owners and mortgagee or mortgagees of the Units so altered; and
(D) No instrument of amendment which alters the rights of the
Declarant, or the rights of Unit Owners respecting Exclusive
Appurtenances shall be of any force or effect unless the same has
been signed and acknowledged in proper form for recording by,
respectively, the Declarant, so long as the Declarant owns any
Unit, Parking Easement or Parking Space in the Condominium; or
the owners of Units entitled to use Exclusive Appurtenances with
respect to any proposed amendment dealing with Exclusive
Appurtenances; and
(E) No instrument of amendment which alters this Master Deed in any
manner contrary to or inconsistent with the provisions of the Act
shall be of any force or effect.
II. Notwithstanding anything to the contrary herein, so long as the Declarant
owns any unit, Parking Space, or Parking Easement, in the Condominium,
or the Termination Date has not expired, the Declarant shall have the right,
at any time and from time to time, to amend this Master Deed without the
consent of any other unit owners or any of the Trustees, to meet the
requirements of any governmental or quasigovernmental body or agency,
or the requirements of any insurance company or insurance underwriting
office or organization, or the requirements of Federal National Mortgage
Association, Federal Home Loan Mortgage Corporation, Massachusetts
Housing Finance Agency, the secondary mortgage market, or any
institutional lender, or the Comprehensive Permit, or to correct
typographical or clerical errors, or to cure any ambiguity, inconsistency or
formal defect or omission, or to change the size, height, configuration or
placement of any unit. Should any such amendment be inconsistent with
the Comprehensive Permit, the Declarant shall seek approval of the same
from the North Andover Zoning Board,pf,Appeals.
III. The Condominium is planned to be developed as a phased condominium.
If all phases are ultimately built and added to the Condominium, there will
be forty-six (46) Detached Dwellings, fourteen (14)Townhouses, and
17
Master Deed
twenty-eight Flats, Phase I consists of six (6) Detached Dwellings. Future
phases will consist of Detached Dwellings, Townhouses and/or Flats.
Each Phase shall include one or more Units, Notwithstanding anything in
this Master Deed or in the Declaration of the Condominium Trust or the
By-Laws or the Rules and Regulations to the Condominium Trust, the
Declarant hereby reserves to itself and its successors and assigns (and any
party, including but not limited to a mortgagee or mortgagees, to whom or
which the Declarant shall specifically assign its easements and rights set
forth in this Section, whether absolutely or by way of security) the
following easements and rights:
(A)
(i) The right and easement to add additional Land, units, Buildings,
parking spaces and other appurtenances.
(ii) The right and easement to add additional conduits, pipes, satellite
dishes,wires, poles and other lines, equipment and installations of
every character for the furnishing of utilities; and
(iii) The right and easement to add additional all and any other
improvements and installations as the Declarant shall determine to
be appropriate or desirable to the development of the
Condominium as a phased condominium.
(B) In the event that there are unsold units the Declarant shall have the same
rights as any other unit owner. In addition to the foregoing, the Declarant
reserves the right and easement for so long as it owns such an unsold unit
to:
(i) lease, rent and license the use of any unsold unit, or Parking Space;
(ii) use any unit owed by the Declarant as a model for display for
purposes of sale or leasing of Units; and
(iii) use any unit owned by the Declarant as an office for the
Declarant's use.
(C) The Declarant and its authorized agents, representatives and employees
shall have the right and easement to erect and maintain on any portion of
the Condominium, including in or upon the Buildings and other structures
and improvements forming part thereof, (excepting a unit owned by one
other than the Declarant), and the Common Areas and Facilities, such
sales signs and other advertising and promotional notices, displays and
insignia as it shall deem necessary or desirable.
18
Master Deed
(D) The Declarant and its contractors shall have the right and easement to
enter upon all or any portion of the Common Areas and Facilities with
workers, vehicles, machinery and equipment for purposes of constructing,
erecting, installing, operating, maintaining, repairing, modifying,
rebuilding, replacing, relocating and removing structures and their
appurtenances, utilities of every character, roads, drives, walks and all
such other structures and improvements as the Declarant shall deem
necessary or desirable to complete the development of the Condominium,
including the development and addition to the Condominium of future
phase(s) as permitted by this Section (h)III and the development of
common use facilities should the Declarant elect to develop same pursuant
to the rights reserved to the Declarant in this Section(li)III. This easement
shall include the right to store at, in or upon the Common Areas and
Facilities temporary structures, vehicles, machinery, equipment, and
materials used or to be used in connection with said development work for
such periods of time as shall be conveniently required for said
development work. This easement shall not be construed to limit or
restrict the scope of any easements granted for the purpose of facilitating
development and expansion of the Condominium under the provisions of
any other paragraph of this Master Deed or any other instrument or
document, or under applicable law or regulation.
(E) The Declarant shall have the unilateral right and easement to construct,
modify, or demolish units, and other structures and improvements and all
unit owners, mortgagees and the Trustees of the Condominium Trust shall
be deemed to have assented thereto.
(F) Ownership of the Buildings together with the units, Parking Spaces and all
appurtenances thereto, constructed by or for the Declarant pursuant to the
said reserved rights and easements shall remain vested in the Declarant who
shall have the right to sell and convey the said Units (and Parking Spaces)
without accounting to any party (other than the Declarant's mortgagees)
with respect to the proceeds of such sales.
(G) The following sub-paragraphs are set forth to further describe the scope of
the Declarant's reserved rights and easements under this Section (h) III:
(i) Time Limit After Which the Declarant May No Longer Add New
Phases, The Declarant's reserved rights to amend this Master
Deed to add all or any portion or portions of future Phases to the
Condominium and/or to add new Units to the Condominium as
part of future phases shall expire twenty-one (21) years after the
date of the recording of this Master Deed (the "Termination
Date"), provided that said reserved rights shall sooner expire upon
the first to occur of the following events:
19
Master Deed
(1) The total units then included in the Condominium
by virtue of this Master Deed and subsequent
amendments hereto pursuant to this Section reach
the maximum permitted by law; or
(2) The Declarant shall record with the Essex North
District Registry of Deeds an unambiguous
statement specifically limiting or relinquishing its
reserved rights to amend this Master Deed to add
additional Phases and Units to the Condominium.
Location of Future Improvements. The Units to be added to the
Condominium will be located on the Condominium Land,
including but not limited to any land added to the Condominium
hereafter.
Size of Phases. There are no minima n or maximum size
limitations on the future phase(s)to be added to the Condominium.
A phase may consist of any number of Buildings, units, and
Parking Spaces and other appurtenances. The Declarant shall have
the right to construct Buildings and Units and Phases and Sub-
phases and add same to the Condominium in any order, and the
Declarant shall not be obligated to construct Buildings or units or
Phases or Sub-Phases in numerical order, but may construct
Buildings,units, Phases or Sub-phases and add Buildings, units
and Phases or Sub-phases to the Condominium in any order which
the Declarant may desire. The Declarant shall have the right and
easement to add sub-phases. A sub-phase shall be a portion of a
phase. For example, the Declarant may decide to add land to the
Condominium, construct and add to the Condominium by
unilateral amendment to this Master Deed, Phases and Sub-Phases
containing less than the number•of units originally contemplated.
(iv) Units Which Mqy be Added by Future Phases. The Declarant may
unilaterally amend this Master Deed to add additional Iand and
new units to the Condominium as part of future phases so long as
the same is consistent with the Comprehensive Permit.
(v) Types of Units Which May be Constructed and Added to the
Condominium as Part of Future Phases. The Declarant reserves
the right to change the size, height, configuration, type of
construction, architectural design and principal construction
materials of future Phases and the units which are to be added to
the Condominium as part of future phases. Also, the Declarant
20
Master Deed
f
shall have the right to vary the boundaries of future unit(s) from
those described in Section(d) hereof,
(vi) Right to Designate Common Areas and Facilities as Appurtenant
to Future Units. The Declarant reserves the right and easement to
designate certain portions of the Common Areas and Facilities for
the exclusive use of the Units to be added to the Condominium as
part of future phase(s).
(vii) The Declarant may add future phase(s) to the Condominium by
unilaterally executing and recording with the Essex North District
Registry of Deeds amendmcnt(s) to this Master Deed which shall
contain the following information:
(1) An amended Exhibit B describing the Building(s)
being added to the Condominium,
(2) If the boundaries of the unit(s) being added to the
Condominium vary from those described in said
Section(d), said amended Exhibit B shall describe
any variations in the boundaries of such units from
those boundaries set forth in Section(d) of this
Master Deed, and the definition of the Common
Areas and Facilities contained in Section (e) hereof
shall be modified, as necessary, with respect to such
unit(s).
(3) An amended Exhibit C describing the designations,
locations, approximate areas, numbers of rooms,
immediately accessible Common Areas and
Facilities and other descriptive specifications of the
unit(s) being added to the Condominium, and
setting forth the new percentage ownership interests
for all units in the Common Areas and Facilities of
the condominium based upon the addition of the
new unit(s). Such percentage ownership shall be
calculated in accordance with the Act.
(4) Floor plan(s) for the new Units being added to the
condominium, which floor plan(s) shall comply
with the requirements of the Act.
(viii) It is expressly understood and agreed that all unit Owners, and all
persons claiming, by through or under unit owners including the
holders of any mortgages or other encumbrances with respect to
21
I
Master Deed
any unit, all mortgagees, and the Trustees of the Condominium
Trust shall be deemed to have consented to all amendments adding
new phases to the Condominium and all other amendments made
pursuant to this Section(h)III and the only signature which shall
be required on any such amendment is that of the Declarant or its
successors or assigns. Any such amendment, when so executed by
the Declarant or its successors or assigns and recorded with the
Essex North District Registry of Deeds, shall be conclusive
evidence of all facts recited therein and of compliance with all
prerequisites to the validity of such amendment in favor of all
persons who rely thereon without actual knowledge that such facts
are not true or that such amendment is not valid. Each unit owner
understands and agrees that as additional phase(s) are added to the
Condominium by amendment to this Master Deed pursuant to the
Declarant's reserved rights hereunder, the percentage ownership
interest of his unit in the Common Areas and Facilities, together
with his unit's concomitant interest in the Condominium Trust and
liability for sharing in the common expenses of the Condominium,
shall be reduced, and the value of his unit will represent a
comparable proportion of the estimated aggregate fair value of all
units then in the Condominium. Each unit owner consents to the
change in the percentage of undivided ownership in the Common
Areas and Facilities and his unit's concomitant interest in the
Condominium Trust and liability for sharing in the common
expenses of the Condominium, as set forth above. In order to
compute each unit's said percentage ownership interest after the
addition of a new phase, the fair value of the unit measured as of
the date of the Master Deed amendment shall be divided by the
aggregate fair value of all units (including the new units being
added to the Condominium), also measured as of the date of the
Master Deed amendment. These new percentage interests shall
then be set forth in the aforesaid amended Exhibit C which is to
accompany each amendment to this Master Deed which adds a
new phase or sub-phase to the Condominium, and such new
percentage interests shall be effective upon the recording of each
such amendment to this Master Deed which adds a new phase or
sub-phase to the Condominium. In any event, the new percentage
interests shall be set in accordance with the provisions of the Act.
(ix) Every unit owner by the acceptance of his deed to his unit hereby
consents for himself, his heirs, administrators, executors,
successors and assigns and all other persons claiming by, through
or under him (including the holder of any mortgage or other
encumbrance) or any other party whatsoever, to the Declarant's
22
Master Deed
reserved easements and rights under this Section (h)III and
expressly agrees to the said alteration of his Unit's appurtenant
percentage ownership interest in the common Areas and Facilities
of the Condominium when new phase(s) are added to the
Condominium by amendment to this Master Deed pursuant to this
Section (h)III.
(x) In the event that notwithstanding the provisions of this Section
(h)III to the contrary, it shall ever be determined that the signature
of any unit owner, other than the Declarant, or its successors and
assigns, is required on any amendment to this Master Deed which
adds a Building, unit(s),andlor new phase(s) to the Condominium,
then the Declarant, its successors and assigns shall be empowered,
as attorney-in-fact for the owner of each unit in the Condominium,
to execute and deliver any such amendment, as by and on behalf
of and in the name of each such unit owner and each unit owner;
(whether his deed be from the Declarant as grantor or from any
other party) and each unit owner hereby constitutes and appoints
the Declarant as his attorney-in-fact for such purpose. This power
of attorney is coupled with an interest, and hence shall be
irrevocable and shall be binding upon each and every present and
future owner of a unit in the Condominium, and all other persons
claiming by, through or under him (including the holder of any
mortgage or other encumbrance) or any other party whatsoever.
(xi) The Declarant hereby reserves the right to amend, restate, reaffirm
this Master Deed, or otherwise take whatever steps which may be
required to complete the Condominium and construction of the
Buildings, improvements and units and the phasing of any of the
same into the Condominium notwithstanding that any of the same
may be required to be done beyond any time or period as may be
otherwise provided herein so long as any such act or omission shall
not be in violation of any rule of law, then in effect,
(xii) All units shall be substantially completed prior to being added to
the Condominium by amendment of this Master Deed. All future
phases will be consistent with the initial improvements in terms of
quality of construction.
(xiii) The Declarant, for itself and its successors and assigns, hereby
expressly reserves the right and easement to construct, erect and
install on the Land in such locations as he shall determine to be
appropriate or desirable, one or more facilities to serve the
Condominium, together with all such utility conduits, pipes, wires,
poles and other lines, equipment and installations as shall be
23
Master Deed
associated therewith. The Declarant may turn such facilities, over
to the Condominium Trust for management, operation and
maintenance and the Condominium Trustees shall accept
responsibility for such management, operation and maintenance.
Nothing contained in this Section(h)III, however, shall in any way
obligate the Declarant to construct, erect or install any such
common use facility as part of the Condominium development.
(ix) Until the Declarant or its successors-in-title or their nominees have
sold and conveyed all of the units in all phases the Declarant and
its successors-in-title and their nominees may use one or more
units and one or more Parking Spaces for sales offices, marketing
functions and models.
Notwithstanding anything to the contrary herein, the Declarant shall not be
compelled to add any land, Phase(s), Buildings, units, Parking Spaces or any other
structure or facility whatsoever beyond Phase 1. Moreovet notwithstanding
anything to the.contrary herein the Condominium shall comply with the
Comprehensive Permit.
(i) Condominium Unit Owners' Association.
The name of the Condominium Trust which has been formed and through which the Unit
Owners will manage and regulate the Condominium hereby established is the
Meetinghouse Commons Condominium Trust under Declaration of Trust of even date to
be recorded herewith. The initial address of the Trust is 121 Carter Field Road,North
Andover, Massachusetts 01845. Subsequent to the expiration of the term of the Initial
Board, the address of the Trust will be Meetinghouse Road,North Andover,
Massachusetts 01845. Said Declaration of Trust establishes that all Unit Owners in the
Condominium shall be beneficiaries of said Condominium Trust and that the beneficial
interest of each Unit Owner in said Condominium Trust shall be the same percentage
interest as his percentage of undivided interest in the common areas and facilities as
established by this Master Deed.
The names and address of the initial Trustee of said Condominium Trust and its term of
office are as follows;
Meetinghouse Commons, LLC, a Massachusetts limited liability company, and Tara
Leigh Development LLC, both of 121 Carter Field Road,North Andover, Massachusetts
01845.
Term; As set forth in Section 3 of the Declaration of Trust of Meetinghouse Commons
Condominium Trust.
24
Master Deed
The Trustees have enacted By-Laws pursuant to the Act, which are set forth in the
Declaration of Trust of said Trust which is recorded herewith.
(j) Name of Condominium.
The Condominium hereby established shall be known as"Meetinghouse Commons
Condominium".
(k) Encroachments,
If any portion of the common areas and facilities now encroaches upon any Unit, or if
any Unit now encroaches upon any other Unit or upon any portion of the common areas
and facilities, or if any such encroachment or encroachments shall occur at any time or
from time to time hereafter as the result of. (1) settling of the Buildings, or(2)
condemnation or eminent domain proceedings, or (3) alteration or repair of the common
areas and facilities or any part thereof done pursuant to the provisions of this Master
Deed as the same may be from time to time amended, or the provisions of the Declaration
of Trust and the By-Laws and Rules and Regulations thereto, as the same may be from
time to time amended, or (4) repair or restoration of the Buildings or any Unit therein
after damage by fire or other casualty, then and in any of the foregoing events, a valid
easement shall exist for such encroachment and for the maintenance of same for so long
as the Buildings stand.
(1) Pipes,Wires, Flues, Ducts, Conduits, Plumbing Lines and Other Common Facilities
Located Inside of Units.
Each Unit Owner shall have an easement in common with the owners of the other Units
to use all pipes, wires, flues, ducts, conduits, plumbing lines and other portions of the
common areas and facilities located in the other Units and serving his Unit. Each Unit
shall be subject to an easement in favor of the owners of the other Units to use all pipes,
wires, flues, ducts, conduits, plumbing lines and other portions of the common areas and
facilities serving such other Units and located in a Unit. Subject to the provisions of
Section 22 of the Condominium Trust., the Trustees shall have a right of access to each
Unit and garage, and Exclusive Use Area, to inspect the same, to remove violations there
from and to maintain, repair or replace any portions of the common areas and facilities
contained therein or elsewhere in the Buildings. Nothing in this Section shall be deemed
to grant to any Unit Owner the right of access to any Unit other than his own.
(in) Comprehensive Permit.
Reference is hereby made to a Comprehensive Permit issued by the Town of North
Andover Office of the Zoning Board of Appeals on April 24, 2002, Case No. 2001-033.,
as amended by a First Amendment to Comprehensive Permit Minor Modification dated
January 13, 2005, as may be further amended from time to time (the"Comprehensive
25
j
Master Deed
Permit"), All of the conditions set forth in the Comprehensive Permit are incorporated
herein by reference. Pursuant to the provisions of the Comprehensive Permit:
I. Twenty-five (25%)percent of the units (the "Affordable Units") shall qualify as
affordable pursuant to the Regulatory Agreement referred to in Section (g). If all eighty-
eight(88) units are built and added to the Condominium, there will be twenty-two (22)
Affordable Units,
II. Pursuant to the Regulatory Agreement, an Affordable Deed Rider must be affixed
to each deed of an Affordable Unit. From the exterior Affordable and market rate units
will be indistinguishable from each other. No two (2) Affordable Units shall be located
adjacent to each other. Affordable Units shall be interspersed throughout the
Condominium,
III. The Condominium Trust shall be responsible for snow removal, trash removal,
rubbish removal, recyclable material removal, road maintenance, and storm drainage
maintenance. In no event shall the Town of North Andover be responsible for snow
removal, trash removal, rubbish removal, recyclable material removal, road maintenance,
and storm drainage maintenance on the Condominium premises in perpetuity.
IV. Vegetation on roadsides on the Land, topographic ground elevations, and
landscaping adjacent to the site access/egress driveway shall be maintained by the
Condominium Trust so as to maintain adequate sight distance. The sight distance
maintenance triangular area shall extend back twenty(20') feet from the edge of
Dale Street along the site access/egress driveway (representing an exiting vehicle)
and up to four hundred (400') feet along Dale Street to the east and west
(representing an approaching vehicle),
V. No vehicle shall park so as to impede travel in the access lanes at any time, except
those allowed by regulation of the Americans with Disabilities Act or those
vehicles temporarily on the site including but not limited to, vehicles for the
purpose of delivery or moving, construction,repair or maintenance, public or
private transportation, agricultural vehicles or vehicles of an emergency nature.
Vehicles shall not obstruct fire lanes and this provision shall be enforced by a
designee of the Condominium Trust.
26
Master Deed
j
VI. Notwithstanding anything to the contrary in this Master Deed, any sale or transfer
of an Affordable Unit shall also be governed by the terms of the Regulatory
Agreement and the Deed Rider, and to the extent of any conflict between the
terms of this Master Deed, the Declaration of Trust of the Condominium Trust,
and the By-Laws and Rules and Regulations thereto, the terms of the Affordable
Unit Deed Rider shall control.
(n) Creation of Contiguous Units; Division of Units; Certain Changes.
I. Contiguous Units.
In the event that at any time or from time to time two (2) or more contiguously
located Units (whether such Units are contiguous vertically or horizontally) are in
common ownership and if the owner of such Units (hereinafter called the
"Contiguous Owner") desires to cut an opening, or openings between such Units
in order to physically connect such Units in a so-called contiguous or duplex
arrangement, the following procedure shall apply;
(A) The Contiguous Owner shall send written notice to the Trustees of
his intention to so physically connect such Units and such notice
shall be accompanied by (i) detailed plans and specifications
showing the proposed work (the "Plans") drawn by an architect
registered in Massachusetts, and (ii) a written statement by such
registered architect that such work will not impair the structural
integrity of the Buildings, and (iii) a written agreement under
which the Contiguous Owner obligates himself to the other Unit
Owners and to the Trustees to proceed expeditiously with such
work according to such plan, in a first-class workmanlike manner,
utilizing new materials, and that all such work shall be done under
the supervision of such architect, and that such work shall not in
any manner impair the structural integrity of the Buildings or
adversely affect pipes, wires, risers or utilities which are part of the
common areas and facilities and that all bills for labor and
materials will be promptly paid by the Contiguous Owner, and that
the Contiguous Owner will indemnify the other Unit Owners and
the Trustees against any liens for labor or materials in connection
with such work, and that the Contiguous Owner shall pay for all
costs of said work, the fee of such registered architect, and the
reasonable fees of any architect which the Trustees may engage to
advise them as to any aspect of such work (provided that the
Trustees may, but shall not be obligated to engage an architect to
so advise them), and any other reasonable expenses of the
Condominium Trust arising from the Contiguous Owner's
activities under the provisions of this Section(n), The Contiguous
Owner shall secure all necessary permits prior to the
27
{
Master Deed
commencement of the work. The Contiguous Owner and any
contractor engaged by the Contiguous Owner shall secure liability
insurance in an amount not less than one million($1,000,000.00)
dollars, or such higher amount as may reasonably be required by
the Trustees, such insurance naming the Condominium Trust as
additional insured, and deliver to the Trustees evidence of such
insurance coverage and proof of payment of the premium therefore
prior to the commencement of the work. The work shall be
performed in such manner as to minimize disturbances to other
Unit owners and occupants.
(B) No such work shall commence unless and until the Trustees shall
have assented thereto in writing. Said Trustees may withhold their
consent for the reason that such work would impair the structural
integrity of the Buildings, or adversely affect pipes, wires, risers or
utilities which are part of the common areas and facilities, but for
no other reason. Following such consent,the Contiguous Owner
shall expeditiously proceed with the work in accordance with such
written agreement and Plans and with this Section(n) of this
Master Deed.
(C) At the completion of the work, the Contiguous Owner shall notify
the Trustees, in writing, that the work has been completed in all
respects and that all bills for labor and materials in connection
therewith have been paid in full, and such notice shall be
accompanied by a written verification of such architect that the
work has been completed in all respects and in accordance with the
Plans, and that the performance of such work has not impaired the
structural integrity of the Buildings or adversely affected pipes,
wires, risers or utilities which are part of the common areas and
facilities. During such time as the Units are physically connected,
the Contiguous Owner and his successors in title to such Units
shall have an easement for himself and those lawfully occupying
such Units, to pass and repass through the common areas and
facilities which separated such Units from each other prior to the
work which is the subject of this Section of this Master Deed. In
the event that at any time or from time to time,two (2) or more
Units in common ownership have been combined into a contiguous
arrangement as hereinabove set forth, the then Contiguous Owner
shall have the right at any time thereafter to replace the opening or
openings between such Units which physically connected such
Units in such contiguous arrangement by following the procedure
set forth hereinabove in this Section (n) of this Master Deed, and in
such event or events the reference to the "work"hereinabove shall
28
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Master Deed
be deemed to mean the work of replacing such opening or
openings, and restoring such opening or openings to their condition
immediately prior to the physical connection of such Units in such
contiguous arrangement, so that such Units are no longer
physically connected. Thereafter, the Units that were formerly
physically connected may again be sold, conveyed, mortgaged or
otherwise transferred or alienated as separate Units. Each present
and future Unit Owner, by accepting delivery of his Unit Deed,
shall be deemed to have expressly assented to the provisions of this
Section (n) of this Master Deed, If a Unit Owner physically
connects (or disconnects) Units which he owns in a contiguous
arrangement as set forth above, the Trustees shall unilaterally
amend this Master Deed, but only to reflect the creation (or
reversal) of such contiguous arrangement. Such amendment shall
be accompanied by a plan prepared and certified in accordance
with the Act, The cost of all such amendments, including the
preparation of plans, shall be borne solely by the Unit Owner who
connected (or disconnected) his Units.
II. Changes in Unit Configurations.
In order to meet the requirements of prospective condominium Unit buyers, and
for additional marketing and other considerations, the Declarant hereby reserves
for itself, and its successors and assigns, the easement, right and power, without
the consent of any Unit Owner or any mortgagee, or any of the Trustees, to
unilaterally amend this Master Deed at any time and from time to time to change
the number, size, location, materials and configuration of Units at any time and
from time to time, provided that contemporaneously with the recording of said
amendment a plan conforming with the requirements of the Act shall be prepared
and recorded at the Declarant's expense showing such changes. The Declarant
shall have the easement, tight and power to combine Units in a so-called
Contiguous arrangement, to combine Units with adjacent common areas and
facilities for the purpose of creating a larger Unit, and to subdivide and separate
Units, without complying with the provisions of subsection I hereof. The
Declarant will make no unilateral change in a Unit after it has been conveyed to a
third party,
III. Consent.
Each Unit Owner, by acceptance of the delivery of the deed to his Unit, shall
thereby have consented to the provisions of this Section (n) including without
limitation the right of the Declarant, its successors and assigns to unilaterally
amend this Master Deed pursuant to this Section (n) without the requirement or
necessity of securing any further consent or the execution of any further
documents by such Unit Owner. For the purposes of this Section (n), each Unit
29
Master Deed
Owner, by acceptance of a deed to a Unit in the Condominium, constitutes and
appoints the Declarant, its successors and assigns, attorney-in-fact for each such
Unit Owner, which power of attorney is coupled with an interest and is
irrevocable, and shall run with the land and be binding upon such Unit Owner's
heirs and assigns to make such amendment(s). Furthermore, each Unit Owner
shall cooperate with the Declarant, its successors and assigns, if requested, in
connection with Declarant's efforts to obtain any zoning relief from the Town of
North Andover which the Declarant may seek to effectuate the purpose of this
Section(n), and not in any way to object to or to impede the efforts of the
Declarant, its successors and assigns, and the Declarant's agents and other
designees, to obtain such zoning relief, to perform construction, and to amend this
Master Deed at any time and from time to time as set forth in this Section(n).
IV. Non Load-Bearing;Partitions.
Any Unit Owner shall have the right to move, demolish, or alter an interior non
load-bearing partition in his Unit, provided that such Unit Owner follows the
same procedure as set forth in subsection 1, (A), (B) and (C) of this Section (n).
No Unit Owner shall move, alter or affect any structural or load bearing wall or
member.
(o) All Units Subject to Master Deed,Unit Deed, and By-Laws and Rules and
Regulations of the Condominium Trust.
All present and future owners, visitors, servants and occupants of Units and Parking
Easements shall be subject to, and shall comply with, the provisions of this Master Deed
as the same may be from time to time amended, the unit deed, the Declaration of Trust of
the Condominium Trust and the By-Laws, and the Rules and Regulations of the
Condominium Trust as the same may be from time to time amended and the rights,
easements, agreements and restrictions of record and all matters set forth on Exhibit A
hereto insofar as the same now are, or are in the future, in force and applicable. The
acceptance of a deed or conveyance or the entering into occupancy of any Unit or
Parking Easement shall constitute an agreement that the provisions of this Master Deed
as the same may be from time to time amended, and the said rights, easements,
agreements and restrictions, and all matters set forth on Exhibit A hereto, and the unit
deed, and the Declaration of Trust of the Condominium Trust and the By-Laws and Rules
and Regulations thereto, as the same may be from time to time amended, are accepted
and ratified by such owner, visitor, servant or occupant, and all of such provisions shall
be deemed and taken to be covenants running with the land and shall bind any person
having at any time any interest or estate in such unit or Parking Easement as though such
provisions were recited or stipulated at length in each and every deed or conveyance or
lease or occupancy agreement hereof, Nothing in this Section shall be deemed to change
x
or modify the provisions of Sections (h)II or(h)III hereof.
30
Master Deed
(p) Federal Home Loan Mortgage Corporation; Federal National Mortgage
Association.
Reference is hereby made to Section 32 of the By-Laws of the Condominium Trust that is
hereby incorporated herein by this reference and made a part hereof,
(q) Assignability,
All rights, easements and powers reserved to the Declarant and its successors and assigns
in this Master Deed and in the Declaration of Trust of the Condominium Trust, and the
By-Laws and Rules and Regulations thereto, including, but not limited to the easements,
rights and powers reserved in Sections (d)I, (h)II, (h)Ill and (n) may be conveyed and
assigned by the Declarant and its successors and assigns, absolutely or as security, as
appurtenant rights and powers, or to be held in gross, provided that any such assignee of
the Declarant assumes and agrees to be bound by all of the obligations of the Declarant
set forth in this Master Deed and in the Declaration of Trust of the Condominium Trust,
and the By-Laws and Rules and Regulations thereto, and the Comprehensive Permit,
provided, however, that if such assignee is an institutional mortgagee such mortgagee
shall only be bound by such obligations of the Declarant to the extent that such
mortgagee expressly assumes such in writing at the time of such assignment or to the
extent that such obligations are appurtenant to any units as to which such mortgagee is
the Declarant's successor-in-interest. A purchaser of one or more units or Parking
Easements which constitute less than all of the units or Parking Easements then owned by
the Declarant shall not be deemed the "successor or assign"of the Declarant for purposes
of this Section(q) except as to the specific unit(s) or Parking Easement(s) conveyed to
such grantee, unless the instrument of conveyance or assignment (which may be a portion
of a deed) specifically refers to this Section(q) and unambiguously states that the grantee
shall be deemed the successor and assign of the Declarant and such instrument is
recorded in the Essex North District Registry of Deeds.
(r) Invalidity.
The invalidity of any provision of this Master Deed shall not be deemed to impair or
affect in any manner the validity, enforceability or effect of the remainder of this Master
Deed, and, in such event, all of the provisions of this Master Deed shall continue in full
force and effect as if such invalid provision had never been included herein.
(s) Waiver.
No provision contained in this Master Deed shall be deemed to have been abrogated or
waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches that may occur.
(t) Captions.
31
i
i
Master Deed
1
The captions herein are inserted only as a matter of convenience and for reference, and in
no way define, limit or describe the scope of this Master Deed or the intent of any
provisions hereof.
(u) Conflicts.
This Master Deed is set forth to comply with the requirements of the Act. In case any of
the provisions stated above conflict with the provisions of the Act, the provisions of the
Act shall control.
(v) Non-Recourse.
Notwithstanding anything to the contrary contained in this Master Deed, any liability or
claims against the Declarant hereof shall be strictly limited to the Declarant's interest in
the Subject Property, and in no event shall any recovery or judgment be sought against
any of the Declarant's other assets (if any) or against any of the Declarant's members,
managers, or any director, officer, employee or shareholder of any of the foregoing.
Further, in no event shall any claimant be entitled to seek or obtain any other damages of
any kind, including,without limitation, consequential, indirect or punitive damages.
32
Master Deed
EXECUTED as an instrument under seal at North Andover, Essex County,
Massachusetts this day of 2005.
Meetinghouse Commons, LLC, a Massachusetts
limited liability company
By:
Thomas Zahoruiko, Manager, and not
individually
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of , 2005, before me, the undersigned notary public, personally
appeared Thomas Zahoruiko, as Manager of Meetinghouse Commons, LLC, who proved to me
through satisfactory evidence of identification, which was a Massachusetts driver's license, to be
the person whose name is signed on the preceding or attached document, and acknowledged to
me that he signed it voluntarily for its stated purpose.
Notary Public
My Commission Expires:
33
I
Exhibit A to Master Deed:
f Description of Land
MEETINGHOUSE COMMONS CONDOMINIUM
MEETINGHOUSE ROAD
NORTH ANDOVER, MASSACHUSETTS
EXHIBIT A
Incorporated by reference into and made a part of the Master Deed of Meetinghouse
Commons Condominium, Meetinghouse Road,North Andover, Essex County, Massachusetts.
DESCRIPTION OF LAND
The land, with any buildings thereon, situated in North Andover, Essex County,
Massachusetts, and being shown as Lot A and Map Parcel 104C Lot 28 on a plan entitled "Plan
of Land, Project: Meetinghouse Commons at Smolak Farms,North Andover, Massachusetts,
MHF Design Consultants, Inc., Engineers-Planners-Surveyors, 103 Stiles Road, Suite One,
Salem,New Hampshire 03079, Scale: 1" = 80', Dated: July 20, 2001", which plan is recorded
with the Essex North District Registry of Deeds as Plan No.
For title reference, see deed of Smolak Farms Realty, LLC to the Declarant dated July 20,
2004 recorded in the Essex North District Registry of Deeds in Book
at Page . The term "Grantor" as used in this Exhibit A refers to said Smolak
Farms Realty, LLC, the grantor in the deed mentioned in the preceding sentence.
Reference is hereby made to an Easement Agreement by and between the Declarant and
Smolak Farms Realty, LLC dated March , 2005 and recorded in the Essex North District
Registry of Deeds in Book at Page (the"Smolak Farm Easement"). The Condominium,
the Land, the Buildings, the Units and the common areas and facilities shall be permanently
subject to the provisions of the Smolak Farm Easement,
Said Premises are subject to zoning laws of the Town of North Andover, and are subject
to and with the benefit of rights, restrictions, easements, and agreements of record, if any, so far
as are now in force and applicable,
The above described Premises are also subject to easements for utility and telephone
services granted to any public utility or telephone company by the Declarant, whether granted
heretofore or hereafter, to the extent that the same are now or hereafter in force and applicable.
The Trustees shall have the right to grant permits, licenses and easements over the common areas
and facilities for utilities and other purposes reasonably necessary or useful for the proper
maintenance or operation of the condominium project.
t
34
Exhibit B to Master Deed:
Description of Buildings
MEETINGHOUSE COMMONS CONDOMINIUM
MEETINGHOUSE ROAD
NORTH ANDOVER, MASSACHUSETTS
EXHIBIT B
Incorporated by reference into and made a part of the Master Deed of Meetinghouse
Commons Condominium, Meetinghouse Road,North Andover, Essex County, Massachusetts.
DESCRIPTION OF BUILDING
There is one (1) building(the "Building") on the Land, which is Unit 86, a Detached Dwelling.
The Building in Phase I contains no more than two (2) stories, plus a basement. Unit 86 is wood
frame, with wood joists. The interior walls are drywall. The roof is composite/shingle.
The first floor of Unit 86 contains a Kitchen, Great Room, Dining Room, Flex Room, Bedroom,
and two full Bathrooms. The second Boor contains a Bedroom, a Loft and a frill Bath Room.
Unit 86 contains a two (2) car garage.
35
Exhibit C to Master Deed:
Description of Units
MEETINGHOUSE COMMONS CONDOMINIUM
MEETINGHOUSE ROAD
NORTH ANDOVER, MASSACHUSETTS
EXHIBIT C
Incorporated by reference into and made a part of the Master Deed of Meetinghouse
Commons Condominium, South Bradford Street,North Andover, Essex County, Massachusetts.
DESCRIPTION OF UNITS
The description of each Unit, and statement of its location, approximate area, number and
designation of rooms, and immediate common area to which it has access, and its proportionate
interest in the common areas and facilities of the Condominium, are as set forth in this Exhibit C:
Key: K=Kitchen, GR= Great Room, DR—Dining Room, BR= Bedroom, F=Flex Room,
B=full Bathroom, L = Loft
36
Exhibit C to Master Deed:
Description of Units
UNIT STATEMENT OF APPROXIMATE NUMBER AND IMMEDIATE PROPORTIONATE
DESIGNATION UNIT LOCATION AREA OF UNIT IN DESIGNATION COMMON AREA INTEREST OF UNIT
SQUARE FEET OF ROOMS TO WHICH UNIT IN COMMON
HAS ACCESS AREAS AND
FACILITIES
86 10- The Land 100%
K,GR,DF,F,2B,L
&3B
NOTE 1: The square foot areas set forth in this Master Deed are pre-construction estimates. The actual square footage of
the completed units may differ, and may be less than,the figures set forth in this Master Deed.
NOTE 2: Room count and square foot measurements do not include decks or balconies.
37
Exhibit C to Master Deed:
Description of Units
UNIT STATEMENT OF APPROXIMATE NUMBER AND I11334EDIATE PROPORTIONATE
DESIGNATION UNIT LOCATION AREA OF UNIT IN DESIGNATION COMMON AREA INTEREST OF UNIT
SQUARE FEET OF ROOMS TO WHICH UNIT IN COMMON
HAS ACCESS AREAS AND
FACILITIES
NOTE 1: The square foot areas set forth in this Master Deed are pre-construction estimates. The actual square footage of
the completed units may differ, and may be less than, the figures set forth in this Master Deed.
NOTE 2: Room count and square foot measurements do not include decks or balconies.
38
...... ..... ......................................... .. . .
Exhibit C to Master Deed:
Description of Units
UNIT STATEMENT OF APPROXIMATE NUMBER AND IMMEDIATE PROPORTIONATE
DESIGNATION UNIT LOCATION AREA OF UNIT IN DESIGNATION COMMON AREA INTEREST OF UNIT
SQUARE FEET OF ROOMS TO WHICH UNIT IN COMMON
HAS ACCESS AREAS AND
FACILITIES
NOTE 1: The square foot areas set forth in this Master Deed are pre-construction estimates. The actual square footage of
the completed units may differ, and may be less than,the figures set forth in this Master Deed.
NOTE 2: Room count and square foot measurements do not include decks or balconies.
39
355622v.5
_..........................
Meetinghouse Commons (Revised Condo Trust) Page 1 of 1
E
i
Glennon, Michel
From: Thomas J. Urbelis [tju@uf-law.com]
Sent: Tuesday,April 12, 2005 11:12 AM
To: John Smolak
Cc: Tom Zahoruiko; Michel Glennon
Subject: RE: Meetinghouse Commons(Revised Condo Trust)
John.................. the form looks ok but you still have a typo in the word "delinquent". Tom.
From: John Smolak [mailto:jsmolak@smolakvaughan.com]
Sent: Tuesday, April 12, 2005 9:09 AM
To: Thomas J. Urbelis; Thomas J. Urbelis
Cc: Tom Zahoruiko'; 'Michel Glennon'
Subject: Meetinghouse Commons (Revised Condo Trust)
Tom:
Attached is a revised condo trust which identifies the changes you requested from our telephone conversation this
morning. Please confirm these changes are acceptable as to form.
Regards,
John
<...>>
John T. Smolak, Esq.
Smolak& Vaughan LLP
Jefferson Office Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
Tel. 978.32Z5220(Main)
TeL 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail;jsmolak@SmolakVaughan,com
Web Address; www.SmolakVaughan.com
This communication is intended only for the use of the individual or entity named as the addressee. It
may contain information which is privileged and/or confidential under applicable law. If you are not the
intended recipient or such recipient's employee or agent, you are hereby notified that any dissemination,
copy or disclosure of this communication is strictly prohibited. If you have received this communication
in error, please immediately notify us at(978)327-5220 or via return Internet e-mail to
jsmolak@smolakvaughan.com and expunge this communication without making any copies. Thank you
for your cooperation.
4/12/05
MeetinghouseCommons (Revised Condo Trust) Page 1 of 1
Glennon, Michel
From: John Smolak Usmolak@smolakvaughan.com]
Sent: Tuesday, April 12, 200510:09 AM
To: 'Thomas J. Urbelis'; 'Thomas J. Urbells'
Cc: Tom Zahoruiko'; 'Michel Glennon'
Subject: Meetinghouse Commons(Revised Condo Trust)
Tom:
Attached is a revised condo trust which identifies the changes you requested from our telephone conversation this
morning, Please confirm these changes are acceptable as to form.
Regards,
John
«...>>
John T. Smolak, Esq.
Smolak& Vaughan LLP
Jefferson Ofjlee Park
820 Turnpike Street, Suite 203
North Andover, Massachusetts 01845
Tel 978.327.5220 (Main)
Tel. 978.327.5215 (Direct)
Fax 978.327.5219
E-Mail.-jsmolak@SmolakVaughan.com
Web Address; www.SmolakVaughan.com
This communication is intanded only for the use of the individual or entity named as the addressee. It
may contain information which is privileged andlor confidential under applicable law. If you are not the
intended reelpient or such recipient's employee or agent,you are hereby notified that any dissemination,
copy or disclosure of this communication is strictly prohibited. If you have received this communication
in error,please immediately notify us at(978) 327-5220 or via return Internet e-mail to
lsmolak@smolakvaughan.com and expunge this communication without making any copies. Thank you
for your cooperation.
t '
4/12/05