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HomeMy WebLinkAbout1973-03-30 Minutes & Covenant Running with the Land '73/74 Monday - February 11, 1974 The PLANNING BOARD held a special meeting on Monday eveningf February 11, 1974 at 7:00 P.M. in the Town Office Building meeting room. The following members Were present and voting., William Chepulist Chairman; John J. Mtinteiro, Vice Chair- man; Paul R. Lamprey, Clerk; Donald N. Keirstead and Fritz Ostherr. This meeting was called to act on plans submitted for the Stevens Mill area. i STEMS MILL TOWNHOUSE DEME DPMW: Atty. Charles W. Trombl.yt Atty. Harold Norl.eyp Jr. and Scott Giles, engineer presented plans to the Board of the Stevens Mill townhouse development as not requiring approval under the Subdivision Control. Law. These are the final plans which show all dimensions. Mr, Trombly explained that the 120 lots are in the same location with one exception; lots on Harkaway Road have been turned slightly for aesthetic purposes only. Each lot shows dimensions so that conveyance can be made with a valid deed. Mr. 'and Mrs. Coates and Mr. Blackstock were also present. Mr. Ostherr made a motion to endorse the plan as not requiring approval under the Subdivision Control. Law; Mr. Monteiro seconded the motion and the vote was 3- yes and 2- no; Mr. Lamprey and Mr. Chepulis voting no. Discussion was held on the lots to be used as common land. ANDREW CIRCLE: Mr. Sorbo and Atty. Maurice Schwartz appeared before the Board relative to their request for the release of the covenant and the substitution of a surety bond. Letters were received from the Highway Surveyor and Board of Public Works stating the amounts that would be necessary for a bond in order to release the covenant. They presented a surety bond in the amount of $37,000 and a request for release. Mr. Keirstead made a motion to refer the forms to gown Counsel for his approval; Mr. Lamprey seconded the motion and the vote was unanimous. Mr. Ostherr made a motion to refer the matter to the Subdivision Control. Sub-committee for action and report to the 'Board at the next meeting; Mr. Monteiro seconded the motion and the vote was unanimous. li The members will view the subdi.vi.sion. Mr. Ostherr made a motion to call a special, meeting for Saturday Feb. 16th at 2:00 P.M. to discuss and act on the matter; Mr. Montelto seconded the motion and the vote was unanimous. OHM-TNUT COURT: Jay Burke spoke to the Board about releasing the final $400 bank book being held on the Chestnut Court subdivision, This matter will. be taken up at the March meeting. A letter has been received from the Highway Surveyor stating the street is satisfactory to him. The meeting adjourned at 8:00 P.M. � Chairman William Chep s 04'' Secretary Anna Donahue r e i Saturday -- February lb, 1974 Special. Meeting The PLANNING BOARD held a special meeting on Saturday, February 16, 1974 at 2:00 P.M. in the Town Office Building meeting room. The following members were present and voting. William Chepuli,s, Chairman; Paul R. Lamprey, Clerk;- Donald N. Keirstead and Fritz Ostherr. (Secretary unable to attend meeting, Mr. Chepulis took notes and typed later by Mrs, Donahue). The Subdivision Control, Sub-committee had viewed several subdivision sites in the morning and this meeting was called to take whatever action was necessary. RALEIGH TAVERN ESTATES: Mr. Ostherr reported that he and Mr. Monteiro had viewed the site and studied the plans that Ben Osgood had submitted. Mr. Ostherr made a motion to instruct Ben Osgood to proceed with getting the easements and to submit plans "as built" and not "as proposed". Mr. Keirstead seconded the motion and the vote was k unanimous. Highway Surveyor William Cyr was present at the meeting and stated that the easements as shown on the plan are necessary. The drains have already been built, ANDRREW CIRCLE SUBDIVISION: Also present were Atty. Schwartz, Mr. Sorbo and John Edwards, engineer for .- Reno Construction Co. Discussion and review was held on the present work and the work remaining on the development. Mr. Ostherr made a motion to release the covenant and substitute a band in the amount of $37,000 for all lots. Mr, Keirstead seconded the motion and the vote was 4 - unanimous. The Board members signed the Form of Release$ which was then duly, notarized. I CHESTNUT COURT SUBDIVISION: Discussion was held on J. & V, Realty's Chestnut Court subdivision. Jay Burke had requested that the remaining $,BOO bank book be released. A letter had been received from the Highway Surveyor stating all of the work had been completed to his satisfaction, Mr. Ostherr made a motion to release the $400 bank book and place the subdivision in the "closed" file. Mr. Keirstead seconded the motion and the vote was 4 -- unani- mous, JOHNSON CIRCLE & DOUGLAS WILSON SilBDIVISIONS: The Subdivision Control Sub-committee had inspected Johnson Circle and found there was construction on two lots. The Sub-committee will submit a report on Douglas Drive for the March 4th hearing. William Cyr said his review of the definitive plans did not incl a hi s ecommenda ti.ons given on the preliminary plansp drains, dr rna � crown oad to. He recommends 3". &Ohepulis, The meeting adjourned at 3:1.0 P.M. ec e�3hue: Mondry — March 19# 1973 0000 1 Subdivisi.oa Hearix ; The PLANNING WARD held a special meeting on Monday ,evening# March l9w 1973 at 7:3O P.M. in the 'own Office Build -mo'4ing-ro6m. 'Th6 fonow iw r46mbe-s were present and votings Willlam 'Ghepulis� Ohairmi an; J'otln J: Monteirav Vioe'Ohairmari; Paul. R. Lampreyw 01orki Donald K. Keirstead and Friti Ostharr* There wsre ovdr 24 ,0ebple present for thb'meeti.ng. ' Mr. Os6e*rr ma4'a motion to'aa0eFpt the WAUtes Feb.' l.9th & March 5th; 'as written, Mr. Montairo secoi c40 the'rKotO.i and'the vote ►,as tih&LAho1X'6 HWINa: IvAndrew Circlet? Subdivision. Mr. Lamprey read t e legal. notice in the applioati.on of Androw So rbos who requested approval. as: a subdivision, .6e4 acres of land situated on:-the southwest , canner of, the intersection of Andover Street 'and '.Cypress Ter ranee Atty, Maurice Schwartzw 30 Lawrence St.s Law;renee, .reprooented;the potittoaa►er4 He said that the plans presented to the Board meet all, of the requiremente of the Sub— division Control. Law and rules and regulations of the town. All lots have the re- quired frontage and area and many are in exgeas .of the rAquirements. The-roadway 'haa been laid out as re i i.red and .he is requesting .the Boardls approv4 of they bubdivislon: James 'Mandy enginear'and aurveyor'&r Pembroke Land Surrey;"Salemj N.H.f stated he designed the subdivision for Mr. Sorbs and again stated that it nests all' requiremonts of the toM#. "d he had made the changes .as recommended by ��o Hoard previously. Mr. Monteiro reported that he and Mr. Chepulis had looked over the aubdivision and report favorably on.it. They feel. # i.s.a good development. and shovld.be aipj roved, ' The3 found that Andrew Ciarol.e it more than i25 feet from A.ufton Court. The,Bbard had roeommendad •the pavement i4idth of the roadxi�y 'to' be 22 feet; 'originally it was shown as 28 feet, Mr. Herl.i.hyf Carty Oircl.es questioned why only 100 feet 'frontage'was shown; ' Mar. Nei.rstead explained that zoning was ohsAged in that area to R4w which requires oay 100 ft. frontage: since there were sewer faoi,lliwti.es in than area. Dick Crltteridoko' �7q Andover St.; 'a9;kia`if they propose to build n ngle family homes* Atty. Sohwartz said that at present they oontemp,14U single families but zoning does allow other uses. They wi.l.l comply with the zonizge Mr, Gri.ttendon asked if the Lots are big enough for two-foi.ly homes; oun either single or two—family homes be built and will the homes tie into the sewer? The .Board said yea. Mr. Magcola# Andover St,p asked if any driveways would entor onto Oypreas Terraaa. The at we>r was no. He asked if there wras any poosi bil.ity that the street would tie into the Flatley land. Mr. Kei.rstead said no such extension is shown; the roadway is tatmi.nated in a turnaround. Mr. Masool.a. questioned the drainage of the water flow and It was explained that the dram on the road would take care of the water. fir. Rand said that the subdivision is designed so that water will not flow onto Andover Street. March 199 1973 � coat. After being questi.onedl Atty. Sahwartz said that Mr. Sorbo has a purehos a and ssa:leo agreement with Mr. Mel.asmmed. Upon aspprovasl of this subdiVi siont the land will be purchased. . Xr. Herl,i.hp ssai.d'ho in against two-faamijy, homos 6t ng a116"d and making the area more congested and he doesn't think 'itto right for someone to request a subdivision wham he doesn't own'the'lasnd. Louis Di.Fruesoio asked that if the subdivision is granted Could there be a oonditi.on placed allowing ono single family homeo. Mr. Ohepul.i.ss explained that the Byword cannot mare such Btip4ations. - Mr. DiFrusoi.o asked if townhouaers could be built, Mr. Kei.xatead,explo ned,that it 'ia an 41owed use in -the a—j..district and. that the lots can be changed to.confo .ithout .00ni tg befor4'the Boa rd again. '�Ths way the roadway is laid out triers might be setbaek problems for towAhouees. The roadwo cannot be changed ;Athout coring before the Hoard again. -Mr. Crittendon. asked how snaw families would live there la town1wuses were sst1lowed. Tao Beard figaa"d at 7 u4ts per acre~ probably about 35 mi.ts at the moat. Mr. Maascol a. asked -if 'th6i*b was. any.time limit as, to when building' con start. fir. Keirstead acid the only time 1-1mi.t Is-on when the roadw&y has to be oompl.+ewted: Atty. Sahwaurtz eskd a, coyenart would be filed and the•roassd-will, bo completed immediately. ` A letter ways'recei ved from the hoard of Public Works stating that everything was in conforma+nee -with their requirements. . t+lr. Chapuli,s questioned the berm,'requi ro- msnt. The Board felt,that the area is fairly flat and 'than berm is not needed. . Mr. Keirstead made a motion to APPROU the oubdiviaslon with the usual. conditional Mr. Montei.ro seconded the matibn and, the vote was uhanimdus.. TOWN 00t=M APPOINTMIMt A. Lotter was reoeivsd from the SelootmoA. n6tifying the Boa�ra that appointment Of Own counsel. yOul.d take place on Marchi 26th"and that the Ohasirman of the Fiasnhing Board shoul be present.'to vote. All of the Board mem6r's folt that the present.-town comsel, Ari old Salisbury. :should reaaive the Bvardtss vote;..and Chairman Chepuaia +mill so vote. P AW NOT RKUIRIWO APPROVAL% The-Board members-sighed the Letters that -had-been prep"d -four .band Court and the Regi.atry+' i)f Deeds'. + Mr. Keirstead muds a 'moti.on to sign the plan not requiring approval for Old N.A. Realty Truett Raleigh Tavern Lane; Mr. Oa'therr sa eonded-the motion and the Grote waa F unani moue. 118ALR4 (AMIDES" SUBDIVISION: S Mr. M0rr159. tie a ilgina arj pra sa�ixtad voweet'ed-pl:s to� the:tuft d: The memberschascked' over the "adwrdl suggas led ohanges ass li ot'ed. W* Morris svAd'the catch basins at Salem St. do not exist;,: they ail. Pipe along Salem St,. s� e.xtsnd ,the sya;tem. Mr. Keirstead Made a motion to refer the plans to the SubdZvi.ssion Control Sub—oommitteet for rskport at the nokt meeting SMonteiro &'OstherOj Mr. ostherr seconded the'in0'U6n' asnd'the vote was unanzinaouo. '. 1 r I i CaVENANT RUNNING WITH 2M LAND r Purnuant to the provisions of O.L. o, 41, S01 Us Is + ANpitF.'N p. SOR.BO, of Methuen, Essex County, Commonwealth of Massachusetts, being the proposed owner of that tract of land in North Andover, in said County and Commonwealth, ahawn on that plan ' of land entitled "Definitive P1an,of'3ubdivision•of Andr*w Cirole4 No. Andover. Massachusetts, January 26, 1973, goal* 1* w 40 tt, owner Maurice Melamed, Edward Molawad and Bessie Melamed, 267A Andover St., No► Andover, Masaachuaetts, Andrew P. Sorbo, 30 '• 4. Lorenzo Circle, Methuen, Maseachuaotts, Applicant; Surveyor, i Pembroke Land Survey Company, P.O. BOX 205, Salem, New Hampshire, i �• .• Joseph A. Eoposito, Jr., Registered Land Surveyor,*hereby covenant 9. with the Planning board of said North Andover, as its membership now is and may from time to time hereafter be constituted, as }. . tolloKss 3 i THAT THE WAYS RMUIRED TO BE CONSTRUCTED AND THE S KMICIPAL SERVICFS REQUIRED TO BE INSTALLED WITHIN SAID TRACT, PURSUANT TO THE RULES AND REOUL,ATIONS OF SAID BOARD, INCLUDING ANY CONDITIONS WHICH HAVE BEEN OR SHALL HER£AVTER BE SPECIFICALLY IMPOSED BY IT RELATIVE TO THE ' SU9DIVISION OF SAID TRACT, SMALL, BE PROVIDED TO SERVE THE F'OLLOW.ING LOTS AS SHOWN ON SAID PLAN, NAMELY'i LOTS 3►4,5 6,7,8,9,10, and 11, BEFORE SUCH LOTS MAY DE BUILT UPON SR CONVEYED, OTHER Tf1AN BY MORTOAOE REED. i The Covenantor understands and agrees that this, his + ~ Covenants shall run with the land as to all of said Iota, and shalL r . ed1 a be binding and effeotive except as it may hereafter be "released# by said Aoaxd, in full or in part, all as provided by sold 561 U. EXECUTED AS A SEALM INSTRUMENT, this 20th day at March, 1973. ' J s Y COMMONWEALTH OF MASSACHUSETTS ESSLX, SS, March 20, 1973 Then personally appeared ANDREW P. SORM, and acknowledged the foregoing Instrument as and to be hie,free act and deed, before me, , 1PUBLIC My commission expiross 2/2e/75 + iteeerdaa 1►pr.10,1973 at 10e32AN 03028 , +� . 1 ' i a 9123 MAN I RMASIC Mad The u44er.lgne4, being a aaJarlty at the llannlng board at the 'lawn or North Andover, hereby certify thato s a• the requirements for the aonstruotion of w*yr and aunioipal i servitlee 0a11e4 for by-tho•perfo apoe-MnA at•sarvtr and• I 444e 14 -4nnd orfm y the Covenant dated h 20, 1973 ' an r000rdee in the D etriot Des4e6 Book 1� ! eJot reRtatered-ta . Ladd-Regiatrr Dla tan- +eunsen►r Ho --and-noted-CA." , Certlfitlritc-af-lCtt?e•Hn•-`` `"rn-•Regietratiop..Boofc �,-. rAge•-- - i 1•ham been bonp ete ertiall oaspXeted, to the eatla Nct on or the Planning Boar to a eQuately verve the ! enuroerntod loth shown on Plan entitled "_Rich}#v[a nn,��{Ln�nf AndreN ; recorded by the nr..n cp, etry or r.e o, Inn Doak Plan 111j,i 5 . to roe I*to rrd-44-Bald-t asfd..ltegletrj'VIetria .. Plan ----- .) and said lots ere berebr released from the � ) ; reatriottone Rs Lo sale and building epeoifisd thereon r y'E A N1J4of,. ! P Lai d lgnetei on said plan as followal 'L + ! b,, the Town of Horth Andover,'a muniotpal corporation situated in s the County or trnf%x tlommonwealth of !laeeachueette, atlLing i by its huly organ :e arming Boar44 holder.or-a..Pertarmaado Son b ,�•� er•9uretjq gate4- ,.19 , (an4/or) a Covenant dated_jUn ch 200 , rod n at tho Sour ot�h d nvnr sykk � ,COUn y, 1'#lieaC vee to ladordod wl'th the . i t}tstrtot Daads, Book IMS , Pas o, .c , (Qr-reg 4%*ra a. ; 7.an4-.11agiutr�r alatrlat ae"Acaunent•gor ""`an4 noted-on• t CertiffentR•of Title Ito.' at ton•Boo* . , ;� --,•Pnra - - , . aaknawledges aatiafaation of the s I terms thsreof an EMU rslaaesa its right, title and laterers In the lots deal nated an said plan ae follows) t � i E �, tn,� 1,. � , �e.�� S A. 1�`h M !` ( E•Q 11�,ir . i1'1�s e. ��.,yffu,r,u. � � }xaoulird is et earled instrusent this l(-.41 - I Hajorlty of the r1 Planning Board at the Town of ' North Andover, oOIMnNx�ALT� or•N15340HUSIrTS r Then per, ona y %PPeare4 •• H/Pt(L', one a the above pans* Members of the ?fanning ar o the own of North Andover, Maseadhuset%S and acknowledged the foregoing instrNatnt to be the ! free sot and das4 at ea36 Tlaaning board, before IS be*orded Teb.2 '1131 ' 5.1974 at MR! # tao�nias oneeYpiras t ';� rf` i ' I E 1 I 5 I MASTER DECLARATION OF COVENANTS E 47 COND17 I 100 AND RESTRICTIONS FOR THE PiJlMM t DEWLOPkO:tJ'I' 4F AMP" CIRCLE IN NORTH ANDOVER, MEX COUNTY, MASSACHUSETTS i PRFA!ALE i I i This Master Declaration is made on November 22, k976r f by Andrew P. Sorbo, of Methuon, County of Esaex, Commonwealth of FWanaohusetta, hereinafter called the Grantor, as owner of real` I estate in the Town of North Andover, County of Essex, Commonwealth of Masssohusetto, said real estate being more particularly de— scribed in Article I1 hereof. I it is the intention of the Grantor to develop the above i real estate as planned townhouse community to be known as "Andrew Circle". Much of the land will be devoted to residential Uue and owned in townhouse fashion. In furtherance of this plan the Grantor will sell and convey units as townhouse units subdoct to the restrictions set forth herein. It is the purpose of these restrictions to provide a means for maintaining, controlling and preserving Andrew Circlo. as a residential community with the amenities desirable for residential, living. It is to preserve the beauty and appeal of Andrew Circle for all future owners of property therein that these restrictions are established, and the intention of Grantor is that the provi» aions hereof shall be understood and construed to achieve that objootive, Every person by acceptance of the Deed to his Unit does thereby agree to be bound by the covenants, conditions and restrictions of this Master Declaration, which are set"forth herein and in the by—laws to be recorded herewith, and shall be binding on all owners of townhouse units in said Andrew Circle. Unloma the context otherwise specified or raquiros, the r terms doflnod in Article I shall, for all purposes of thin . Declaration, haire the meanings herein specified* Articles, The term "Articles" shall mean the Articles of Organization of Andrew Circle Howoowners' Aaaooiation, Inc. (the Corporation) described in Section 4.pt hereof, which have been ' filed in the office of the Secretary of State of the Commonwoalth of Maasnohusetts, a true copy of which is on file at the principal office of the Corporation in Lawrenoe. ' ti�'.�s�.:�u -�.: C'••..r; •r r •R s C "s ••,. ' dl.a..a >._.. .a,..-,:aA.. .! •'"�cl.�.i4'ILL:M:�Ytr'W`•a.'�llha:�'.'d:..%v_.W« ..v.c.4:. BR1297 Board% The term'"Board" shall mean the Board of Manager$ , of the Corporation. By-taws,, . The term "By-FAws" shall mean the By-Laws of the Corporation which have been adopted by the Board and incorporated herein by reference, and•suoh amendments to such ay-Laws as may from time to time be enacted, a copy of which are annexed hereto And sa laa c alnYear. The term "fiscal Year" shall mean the ' 'calendar ye4r, Master Deolaration. The term "Master Declaration" shall mean this instrument as it may be amended from time to time s. pursuant to the provisions of this instrument, Member. . The terra "Member" shall mean any person, corpora- tion, partnership, joint venture or other legal, entity whioh owns a unit of said townhouse. r Andrew Circle'itestriotions. The term "Andrew Circle Restrictions" shall swan the covenants and restrictions contained { in the Master Deeleretion, to be recorded in said Registry of, Deeds. Andrew Circle Rules. The term "Andrew Circle Rules" shall _ moan the rules adopted by the Board pursuant to this instrument ' or to the By-lAwa of the Corporation, as they muy be amended trom r time to time. • Ovmor, The term "Owner" shall mean the person or parsons awning a Townhouse Unit within the Community of Andrew Carole. Person. The term "person" shall mowan individual, corporation, unincorporated association, partnership, joint venture, trustee, conservator, administrator, or any entity which has the right to hold title to real property. Townhouse owner. The tem 'Townhouse.Cwner" shall seen the person or-peraons owning a Townhouse Unit in the Community k' of Andrew Circle. D �2 } 1 i _..,...� . K K 129 7 k. 49 ARTICLE II PROPERTY SUWM TO THE ANDREW CIRCLE RESTRICTIONS � Section 2.01 3ubiect Property. The Property subject to the Andrew Cirole Restrictions shall be the land presently owned by the Grantor whloh is described in a plan of land, which plan is � i duly recorded in the North Essex Registry of Deeds being plan number ,7521 __. Those areas shown on said plan as easements. shall forever be used by all owners of Townhouse Unite in oommon with other owners for puiposea of ingress and egress. The ;1 managera of Andrew Circle Homeowners' Association, Inc., may designate certain parts of Raid eaeements for specific use to benefit all owners of Townhouse Units. ARTICLE III 4 LAND CLASSIFICATIONS, PROPERTY USE AND RESTRICTIONS Section 3.01 Limitation on Censtruotiori. No person other than the Corporation or its duly authorized agents shall construct, reoonstruot, rofiniah, alter or maintain any road or improvement upon,-or shall make or create any excavation or fill upon, or shall change the natural or existing drainage of, or shall destroy or remove any tree, shrub, or other, vegetation from any Easement Ara*. The Corporation shall have the right, at any timo, to plant, replace, maintain and cultivate shrubs, trees, grass and ' plantings and to construot, reoonstruot, refinish, alter and I� maintain any road, walkway, or improvement on any property within Easement Areas. Soction 3.02 Residential. Arens Permitted Uses and Restrictions Conatruotion and Alteration of Improvements. The pemitted uses and rostri.ctiona for Townhouse and the restrictions governing the oonstruotidn and alteratioiA of improvements thereon shall be a doterminad in the Master Declaration by the Andrew Circle Home- owners' Association, Ino., and shall be subjeot to the Andrew Circle restrictions and to -the rules and regulations promulgated by the Corporation pursuant therato.' ' ' 1'`.• .:i�fJ , , �ypi��t��'�iui.w.�d.VCL"J3w�'+Li.xif:w:.sm�.:w•�: _.:.'Ci.�1it::JNy" t f _ F ' BK1297 � � .�.Via. .....__...._ _. - . Section 3.03 Roadwnyn: Permitted Uses and Restrictions, Any and all roadways shown on the plan regardless of who awns the fee therein, shall be subjoot to an easement for the benefit of all members itt common with others entitled thereto to use the same for all purposes for which roads and streets are used in the Commonwealth of Massachusetts, The maintenance, repair and improvement (including snow removal) of easements shall be performed by the Corporation. The costa of such maintenance, repair and improvements shall be } a common expense and shall be allocated and assessed to each Townhouse Unit Owner in the Community in the same manner as any � -other common expense. Section 3.04 Party Walla. Any dividing walls between townhouse units shall be considered to be party walls for said townhouse units and shall remain in their present condition for as long as { the Declaration shall remain in force. No person shall have the . ii • � right to add to, or detract from, said party walls in any manner 1 }" whatsoever, It it shall become necessary to repair any of said party walls, the expense of rebuilding same shall be borne by 7. the two abutting owners, and whenever any of said party walls . " shall be rebuilt, they shall be erected on the same place where it stood when constructed and be of the same size as when origi- nally erected. ARTICLE IV ANDREW CIRCLE HOMEOWNW31 ASSOCIATION, INC, r Section 4.01 Organization, The Corporation. A non-profit + Massachusetts Corporation (the "Corporation^) ham boon organised to perform the functions described herein except for those to be performed by others as set forth herein. The Corporation shall be *barged with the duties and have the powers prescribed by 1AW and set forth in the Articles, By-Laws,,and Andrew Circle 1�estria. Lions, Neither the Articles nor By-Lawns shall, for any reason, be amended or otherwise changed or interpreted ac as to be Sncor►• t siatant with the Andrew Circle Restrictions. „4.. t F y AK1.297 Section 4.02 Membership. Fach Nner in the Andrew Ciro'ie 51 shall be and become a Member of the Corporation at such time as he shall become the record owner of hie Unit or Dwelling, and shall be subject to and have the benefit of the rights, duties, privileges and liabilities of augh membership as set forth in the Articles, the Andrew Circle Rest�ictions, and the By-Lawn of the Corporation, Raoh Townhouse Unit within the Community of Andrew Circle shall be entitled to one vote in the Corporation regardleea of the number of Owners having an interest therein, and regardless of the number of suoh Townhouse Unite owned by suoh Owner or Owners, all as set forth in the Sy-Laws. he Corporation.' subject to and in Seotion_9.03 Duties of the . aocordanoe with the Andrew Circle Restrictions, the Articles and the By-Laws, the Corporation shall have the following duties to be performed for tha•benefit of the Members of the Corporation. ; 3 a) Operation of Easement Areas. To operate and maintain i • or provide for the operation and maintenance of all easement t areas and to keep all improvements of whatever, kind and for what- ever purpose from time to time located thereon in good order and repair. b) Payment of Taxes. To pay all real oatato and personal property taxes and assessments levied upon any property owned by the Corporation. Such taxes and assessments may be contested or compromiaod by the Corporation. Any taxes or assessments levied on any Townhouse Unit shall be the responsibility of the owner of'suoh Unit. c) Public Service. To contract for or provide (to the r. extent adequate services_ore not provided by a public authority) such police and/fire protection, refuse disposal, and other aer- f vices, facilities and maintenance of a public or quasi-public nature as may be desirable for trio effectuation or perpetuation of the purposes of the Andrew Circle Restrictions. In connection with the providing of such facilities and services, the Corpora- tion may contraot'with•or delegate its duties to any publio authority, governmental body or special district. j y r • ' � � _....— •-... ..._.......�..,..�..w.»-.._�..—+•��. ......._........ r........._�r...�.rrr raw �_ �� 1 •,�,.,�.:��., `�t�Jt�.1�ONGnaA 7�'•."�'`s`a'�i�i1'SY31LFi1llii'LS�1%�`+'•�+7F'�CJt.n�+7=NL:�::+JS'c,:.x,1..�_ r22 d) Insurance. To obtain and maintain in force such insurance as the Board shall deem necessary to protect the Corporation from loss by reason of fire or other casualty and from ' liability for personal in��Y and property damage and to obtain and maintain such fidelity and other bonds as the Board shall deemi f ' appropriate to protect the Corporation. o) Other. To carry out the duties of the Corporation.sot forth in the Andrew Circle Restrictions, the Articles and the • BY-Laws. Section 4.04 Powers and-Authorlty of the Cor poration.- The Corporation shall have all of the powers of a non-profit corpora- t. tion organized under Chapter 180 of the General Lags of the Commonwealth of Massuohusetts, subject only to such limitations upon the exercise of such powers as are expressly set forth in } the Articles, the By-Laws or the Andrew Circle Restrictions. # It shall have the power to do any and all lawful things which may be authorized, required or permitted to be Bono by the : Corporation under and by virtue of the Andrew Circle Restrictions, ; , the Articles and the By-Laws, and to do and porform any and all ) acts which may be necessary or proper for or incidental to the exercise or any of the express powers of the Corporation, or for the peace, health, comfort, safety or general welfare of its Members. Without in any way limiting-the generality of the foregoing provisions, •the Corporation shall have the power and : authority at any time to: a) Assessments. To assess each Townhouse Unit Owner for his proportionate share of the expenses of operating, maintaining, and repairing any easement areas. i b) Easements and Rights-of-Way. To grant and convey to any third party, easements and rights-of-way for (1) overhead or underground lines, cables or other devices for the tranamiva on of electricity, telephone and other purposda= (2) pipee, crater i systems, sprinkling eyatemal and (3) any similar publto or quasi,- : f pub2io improvements of facilities, under easement sreAw only. 00 1 shown on plan retsrrred to above. BKx29T63 t a) �aploymont of Agents. To employ a Managing Agent, and ouch other employees as are neceaaary to carry out the responsibilities and duties of the Corporation. d) Contracts and Borrowing. To make contracts, give guarantees and incur liabilities, borrow money at $uoh rates of interest as the Corporation may determine, issue its notes, ! bonds and other obligations by mortgage, pledge or encumbrance + of,-or security interest in all or part of its property or any Interest therein, wherever situated, for the benefit of all owners of Townhouse Units, and subject to the approval. of 60 of said owners. Section 4,05 The Andrew Circle Rules. a) Rulemaking Power. Subject to the provisions of the Andrew Circle Restrictions, the Board may from time to time adopt, amend and repeal rules and regulations to be known as "Andrew Circle Ruxos" governing, among other things, use of the ` Eanomont Aroaa, mafritonanoo, repair and decoration of the oxterior of tho Townhousa Units, atruotural ohnngoa in Townhouse Unite 1 (collootivoly to be roforrod to as Rthe Areas"). Said rules may inoludo parking rostriotiona and limitations, limitations upon T vehicular travel, restrictions on the type or types of vehicles z which may be permitted to use such areas, and restrictions on t }� the maintermno@ or landscaping or other improvements in such 3 Areas, provided, however, that with respect to use of suoh Areas ? the rules may not discriminate among Members. b) Publication of Rules. A copy of said rules, ae they may from time to time be adopted, amended or repealed, shall be kept in the office of the Hoard of Managers of the Corporation and shall be available to each Member during reasonable hours, but need not be recorded or filed. Upon adoption, said rules v t shall have the name force and effect as if they were set forth In and were a pert of the Andrew Cirolo Restrictions and the Hy-Laws ' of the Corporation. No member of the Board, or any employee of the Corporation ahall be personally liable to any Member, or to any other party, for any damage, loss or preyudioe sufferod or claimed on account of any act or omission of the Corporation, the Hoard, the Mang Agent or any other representatives or employees of the r ' Corporation. y I s' . .. ;'Y4, .v:•r 5c ARTICLE V _ DOM OF KANAGERS � Section 5.01 Organization. The management of the business and : the oonduct of the affairs of the Corporation shall be vested In the Board which, to the extent permitted by applicable law,-shall have the powers and duties set forth in the Articles and By—Laws. Section 5.02 Architectural Review Procedure � 1 a) No improvement, struottual addition or other work whlo� II In any way alters the exterior appearance of any unit or Common .! Area within the Comm4mity of Andrew Circle from its natural or improved state existing on the date that such Unit was conveyed in fee by the Grantor or, in the ease of common areas, the 'date j of the recording of the Alan, shall be made or done without the 1 prior approval of the Board, _ b) Any Owner or Owners, ex(-Opt the dMntor and his desig- nated agents, ;proposing to make any improvements which, under the 5•; preceding paragraphs, require the prior written approval of the Board shall apply for approval by delivering to the Board a written application describing in detail the nature of the pro- u, posed improvement, together with such additional documents as *; the Board may reaeonabl.y require., o) The Board shall, after consideration of the #tome set ' forth above and such other matters'ao it deems necessary, grant ' i the requested approval if the Board determines than !: t. The proposed Improvement conforms ..o the Andrew ; Circle Restrictions in effect at the time the application for approval was submittadl and : 2. The proposed improvement is rausunably compatible with the standards of the Comunity of Andrew Circle and.the ' purposes of the ,Andrew Cirole Roatriotions as to quality workmen. ship and materials, as to harmony of external design with existlnf struotures and a$ to location with respeot to topography land finished grade elevation; and 3. The proposed improvement aompliea,with all'applioab]e building, health, sanitary, zoning, and other band use Jews end wunioipel ordinances. ; F ' o- . • ' 5t3 d) All approvals given under the foregoing paragraph shall be in writing and in form suitable for recording and shall be F recorded with Said Registry of Deada, provided, however, that any t such application for approval which has not been acted upon within thirty f30) days from the dote of submission thereof to the Board f shall be deemed approved and a Certificate to that effect signed by any member of the Board or the Prosident or Soorotary of the Corporation and duly recorded with said Registry,of Deeds shall be conclusive evidence of approval. one set of'plane as, finally . approved shall be retained by the Board as a permanent record. 1. e) upon receipt of approval from the Bobrd- or upon the lapse of thirty (30) days without action as provided in paragraph (d) of this section, the Owner shal-1, as soon �s practicable, commence and diligently proceed with the construction, rofinishin , s} alterations and excavation$ set forth in the documents accompany) ! his application for approval. x f) In the event that the construction, reconstruction, S refurnishing, or alteration of any•improvoment is not completed � within a reasonable time, or having been completed does not oompi with the approval therefore given by the Board, the Board, after hearing, may direct the owner or Owners to remedy the•non-oomplia e } or remove the improvement• it the Owner or Owners do not comply with the order of the Board within the period not forth in the 1 order, the Board may either remove the Aon�vomplylft improvements 3 or remedy the non-compliance and the Owner or Owners shall• reim-' 44 burse the Corporation, upon demand, for all expenses indurred in ' oonnection therewith. In the event an Owner or 6wners do'not comply with any order as described above, said oomplianoo may be Y enforced on behalf of the Corporation at its expense in a court of competent jurisdiction, and any coat of so enforcing said order shall be assessed proportionately to each Unit Owner. Section 5.03 Liability. Neither the Board nor any member , thereof shall be liable to the Corporation, any Membar, or to any other party far any damage or lose suffered or claimed on account of (a) the approval or disapproval of any plans, drawings or specifications; (b) the construction or performance of any work, ) whether or not pursuant td'approved plans, drawings and specifics- .i tions; (c) the development of any property within the Community of Andrew Circle; or (d) the execution, recording or fixing of a certificate pursuant to the foregoing procedure, whether or not i the fact therein is correct• i • ��II R ;:yeiR •rX+��"Y'"'t'""''�'"x� ..,.�.,wr_.y:J.r.:.1....,... .as�w.r.aw• j ARTI= VI FUNDS AID BXP=ITUMS , Section 6.01 Operating Fund. The Board'shall establish an operating fund for the Corporation into which shall, be•depoalted all monies paid to the Corporation and frow which di�bursements- shoal be made for expenses incurred in connection with the tuna- . tions and the duties of the Corporation under the Andrew Circle Restrictions. Section 6.02 Operating and Maintenance Mmenses. a) Budget, Assessment. At least thirty i 8 � y (30) days prior to the commencement of each fiscal year, the Board shall prepare i and adopt a budget for the Corporation reflecting an estimate of the expenses to be inourred'by the Corporation during such fiscal year in performing its functions. Said estimated expenses shall. ; be divided by the total number of Units then within the Community of Andrew Circle (including those, if any, which may then be ` owned by the Grantor)-and assessed in the following manner. ; each Omer shall be liable to the Corporation ,for that proportion of the estimated expenses which the number of Townhouse Unite ; owned by him bears -to the total number of Townhouse Units then , existing in the Community of Andrew Circle. The expenses so allocated shall be a lien on the property of such Owner and shall { { remain such until such expenses are paid. E; b) Additional Expenses. If, at any time during any fiscal year, monies additional to that received by the Corporatior : a "pursuantto P Paragraph A of this Section 6.02 are needed, the Board may prepare an estimate of additional, expenses whioh.amount shall be assessed to each Owner In accordance with said Paragraph A. r ' c) Payment of Expenses. The expenses assessed in accord- anoe with Paragraph A of this section 6,02 shall be due and payable to the Corporation by each Owner in monthly installments as may be determined by the Board. All asseasments of additional expenses pursuant to'Paragraph B of this Section 6.02 shall be due and payable to the Corporation within thirty (30).daya of the ` date of the assessment Unless otherwtee authorized by the Board. i r.aWK d) Obligations of Grantor and Owner*. Each Owner within Andrew Circle (including Orantor) shall be liable for hi* *bare s of all assessments levied purauant to the Andrew Circle Restrio.. tions for an long as he is the record owner of his Townhouse Unit i roeardleac of his use or non-use of the Townhouse Unit or of the Woment Area. Upon the reoording of a dead conveying title to } auoh Unit to a new owner, the oonvoying (hmal, (including grantor) shall not be liable for any assessments levied against his Unit or Dwelling after the, date of suoh reoordingi provided, however, the recording of a deed shall not relieve a conveying Owner ,3 (including Grantor) of the obligation to pay aecesaments levied r against his Unit prior to the data of such conveyance# i Section 6.03 Reimbursement Assessment. The Board shall cause to'bo levied a reimbursement assessment against any Owner or Owners within Andrew Circle (inoluding Grantor) where, as a result of that Owners failure to comply with the Andrew Circle t Restrictions or the Andrew Circle Rules, monies were expended by the Corporation to cure the non-cowplianoe. Such an assessment shall be limited to the amount so expended and shall be due and payable to the Corporation forthwith. # Section 6.04 Fnforcement. In the avont of a delinquency in payment of any assessment made pursuant to Sections 6.02 or 6.D% 1 e and in addition to say other remedies herein or by law provided, I! y T s tho Board may enforce each such obligation, by an action at law commoneed and maintained in the name of the Corporation in any T court of competent jurisdiotion. Eaoh Owner shall be personally r ' liable for his share of suoh expenses hereunder. ' MISCBid.ANEOUS PROVISIONS f Section 7.01 Aatendinent and Duration. Except as otherwise ,s expressly provided in this blaster Declaration, the Andrew Circle ; Restriotions may be amended or repealed at any time byt } 3 f 1 r...•- BK1297 i �. 58 (1) A vote adopting, or written consent to, the pro- posed amendment or repeal by a majority of the Board ratified by f, i ` a vote of threo-fourths of the Owners within the Community of Andrew Circle (including Grantor), Such amendment or repeal shall not be effective until there has been recorded in the Worthern Essex Registry of Deeds a certificate signed by the Secretary or Assistant Secretary of the Corporation setting forth the amendment or repeal•and the facts relating to its adoption by the Board and the Ormers. (2) For a period of five (5) Years from the hate of t recordation of this Master Declaration, the written consent of- Grantor of any amendment or repeal shall be required, "which con. R sent may be evidenced by Grantor Joining in the execution of the instrument required by the foregoing sub-paragraph (1). b) Duration of Restri,otiona. Subject to the provisions of Paragraph A of Section 7.01 hereof, the Andrew Circle Restric- tions shall continue and remain in fuAl ;force and effect until December 31, 1996. Thereafter, the tort of the Andrew Circle Restrictions may be extended for further periods of twenty (20) � d; years each in the mariner provided in Massachusetts Qeneral Laws, Chapter 184, Section 28, as it may be Amended from time to time, which change shall be done by the Corporation, f { Section 7.02 Rnforcement_and Ron-Waiver., i ' a) Right of Enforcement._ The Andrew Circle Restrictions are for the benefit of all of the land contained in the Community 4 of Andrew Circle and shall run with the land. b) Violation of law. Any violation within the Community r � of Andrew Circle of any state law or Town By-Lars, or any regula- tion pertaining to the ownership, occupation ar use of any property Is hereby declared to to a violation of AiWrsw,Ciroiw Restrictions and aubjeat to any Cr aii or the enforoemant { procedures ■et forth herein. '.. . r .. ` T, - -12- f 59 a) Remedies Cumulative. Each remedy provide4 by the ' Andrew Circle Rentriotion$ at any time shall not constitute a } .i waiver of the right thereafter to enforce any ouch provision or ? any other provision of said restrictions. ' Section 7.03 , Delivery of Noticos and Uooumonts. Any written ' notice or other doouoent relating to or required by the Andrew Circle Restrictions may b9 delivered either personally or by mail... If by mail, it shall be deemed to have been delivered twenty-four hours after a copy of same has been deposited in the United States mail, postage-paid, addressed as i'ollows: It to the Corporations ` Andrew Circle homeowners+ Association, Ina. c/o Andrew P. Sorbo 30 Lawrence Street Lawrence, Massachusetts If to an 0rner, to the address provided by hies in writing to the - 7 Corporation, otherwise to the address of any Unit within the Community of Andrew Circle owned, in whole or in part by himl 4 and It to the Grantors Androw Circle Homeowners# Association, f s Inc•, c/o Andrew Sorbo, 30 Lawrence Street, Lawrence, Massaohu- €. eotta, provided, however, that any such address may be changed at any time by the party concerned by delivering a written notice ; of change of address to the Corporation, i f Section 7.04 Construction and Soverabilit i Singular and Plural a) Restriotions Severable. Each of the provisions of the Andrew Circle Restrictions shall be deemed independent and ; severable, and the invalidity or partial invalidity of any pro- � vision or portion thereof shall not affect the valldity'or enforceability-of any other provision. I ' b) Singular Includes Plural. Unless the context requires a contrary construction, the singular shall include the plural # and the plural the singularl and the maeoulina, feminine or neute F shall eaoh include the masculine, feminine and neuter. c) Captions. All captions or titles used in the Andrew z Cirole Restrictions are intended ,solely for convenience of � ;. reference and shall not affect that which is not forth in any of the provisions of said restrictions. ...13- Y I wMIAI�P.FaRWiJ4WN.ifW..rJw.+e'i.sf-WwASIT3VOR111 Y..yUrA..-------------- dti.� • . .t+:F It�- .� SK1297 rao Witness my h" ntxl seal this 1-2nd day of November 0 1976 s Andrew P. Sorbo T THE COt+AlONWEALTH OF MASSACHUSMTB Leeex. 8A. Novembor 22, , 1976 Than pereona'lay appeairod the above named Andrew Ps Sorbo, _ and ao)=vZodged the foregoing instrument to be his tree aot and deed, before me Maurice Schwartz, Notary Publio $ My oomoiesion expires W/e . ......... . _ .. r + it sx BY-LAWS OP "DR" CIRCIA HCMROWNEASOMSOCIArION, IRC. NRTICGE I� Section 1. 1'he property located in North Andover, Massachusetts thereinafter called the "rroperty"), and more particularly i described in Plan Numbored and racwrded in the Northern Lwsex I Registry of Doeds, shall be a townhouse community, 'rho townhouse community thus created shall be known an Andrew Circle. j section 1. The Corporation is an organisation owned by the ? townhouse unit owners of Andrew Circle and used by then to manage and regulate the community. Each townhouse owner shall have the some proportion of interest in the Corporation as the ' S t number of townhouse units owned by him bears to the total number of townhouse units in the Community. i j Each townhouse unit owner, upon betominq An owner, t and by virtue of being such an owner, and for so long as he is ; such an owner, shall be deamad a Member of the Corporation. i Upon bacominq a 6mbor of tho Corporation, the rights, duties, 5' privileges, immunities and liabilities of a Unit owner, as a { Mambor of the Corporation, shall be those set forth in, And shall be exercised In accbrdance with, the Andrew Circle j Restrictions, the AFtioles of Organisation, these Sy"Laws, the i rulos and regulation& from time to time adopted by ths'Corpora- ' Lion, or by the Board of Managers. ?i 77i I Section 3. The provision$ of these By-LAws are applicable to the property of Andrew Circle and to the use and occupancy € thereof. The term "Property" as used herein shall mean the i land, the buildings, and all other Inprovemente thereon (including y the townhouse units and the common areas held by the.Corporation, I or aroas concerning which eaaements have been grantod to the Corporation) and all other rights, easements and appurtenances - belonging thexeto, and all other property, real, personal or I. mixed, intended for use in connection therewith* encept that property granted to each townhouse owner in his individual dead M and concerning which•nc easement has been reserved by the Grantor x conveyed to the CorpaxAttOn. The y provisions of those 8y-Laws shall automatically become applicable to any property which may - be added to the Andrew Circle townhouse community by Andrew P. �• , Sorbo, the original owner of the land upon which the Andrew Circle Townhouse Community site. Section 1. All present and future owners, mortgagees, lessees, i and occupants of townhouse units and- their employees, and any other persons who may use the facilities of the property in any ' manner are•subjeet to then$ By-Lairs, the roles and regulations,' all covenants, agreements, restrictions, easements and declara-.- tions of record ("title conditions") and the Andrew_ Circle RQstrtQtiona, so Called:. The acceptance of a deed or'Conveyance or the entering into of a lease or tho act of occupAncy of a r townhouse unit shall constitute an agreement that all of the above documents, restrictions and conditions, an they may be amended from tiae to tide, are accepted, ratified# and rill be complied with. i w�w Ft r i v � 1 1BH1lt97 Station 1. *0 office of Andrew circle and of the BOA of t m"ers shall be located in raw, sr v"ssOFmtts,ow svrfi Other location in this Oonppnwoalth as may be selected from time to tim4 by the board of MMW6 and of which t&mhmM tent owner.sM WAted Mrtgagees havr }� been given written notice. Dom of H*%MW I section 1.6) Ito nmbes of Managem which ahnli eonetituta the whole j Board shall be three (3). Until succeeded by the tt wjm elected by ? the taekA su unit owners, teenagers need riot be townhouse unit owgers, i ? Upon the expiration of tho term of each manner of the first Board of j. tianagors, the nnaeeseor to each muiber of the Board, elegyatad by the mmbers of the Comratione shell be a towntam Unit otineu. amept ea � G providod in the Articles with respect to the first Board Of Aiulagpiv, S tlanegar'e shall to elected for terns of three (3) years, and el6c;wd on; staggered basis. In any event, howaver, each tdanager shall hold office until such Live an his sumeesor has been elected. in the event that In }� o poration or other legal entity is a Ymbeir of the Corporation, it say designate one or sore parsons who shall be eligible to serve � .' } as tiinegsr on its behalf. r E N to ' 1 � r Z 1 ((i i -.ry�SS�------------ �.s i�NfKY'N..�� -ya}ra� • .�. yy�.: 64 b1 Subject to the pxovisions of these By-Laws concerning the first Board of Managers, at each Annual Meeting of the Corporation, or at a Special Meeting called for this - express purpose, the Members shall elect Managers to fill such . ivacancies as may exist on the Board of Managers.. Each Member may t cast, for each townhouse unit owned by him, the number of votes 3 that Corresponds to the number of Managers to be elected. There shall be no cumulative voting. The candidates-receiving they highest number of votes, up to the number of Managers to he . elected, shall be deemed elected, a] Any Manager may resign at any time by giving ' written notice to the President or to the Clerk. '• ' i Section 2. The Board of Managers shall have the powers and t t duties necessary for the administration of the affairs of Andrew I{{ circle And may do ail such acts and things except a# by law, or I by blaster Deed or by these By-Laws are reserved to the Members � of the Corporation acting at a properly called meeting. Such e power# and duties of'the Board of Managers shall include, but shall not be limited to the followings } ' a1 Provision for the operation, care, upkeep and ' k maintenance of the common areas of the Community, and of those areas concerning which eaaements exist for the comma benefit or all unit Owners. b) Determination of the Common expenses required _ for the al1airs of Andrew Circle, including# subject to'the limi- tations imposed by the Corporation or by the Andrew'Cirala i ROatrictiens, the operation and Maintenance of the Property and the allocation of income and expense. e) Collection of the common charges fsrox the town- house unit owners, Including tho rights.to enforce those collection by nwthads described elsewhere in these By-Laws. i v • r 13K1287 Cy l d) Opening of bank a000rnts an behalf of the Coummity and desigaatlnq ttrr sigsmtories reVired therefor. a) Wrax]w -Fmyirgt ewxd-ring, leasing and otlsrtrise dealikv with tpMlhmm unite conveyed to it or puchmw by it any the result of rnforoamnt of the lion for can= esgmws, or otherwise. f) Obtsi,nird of imurmwo for the property, inuludiwg the bmmhouse units► pureumnt,to the provisions of Avttale VI, Section 7 hereof. i 4 1 g) VAking of repairs, additions, tprommt.s to or alteration Of, the htporty and repairs to and restoration Of the rzoperty in i acc rdmroe with the other provisions of these By-la's► and as liAted by the Andrew Circle Restrlctione, &-c4ledr h1 Enforvmient of obligations of the taA muse unit owners, i i) Adoption of xulos and regulakione relating to the tree, m**V Or preWtvstion of the property. i) The Kxwgers shall have the right to designate surd bet"Wo portions of the omrmity areas trader their oontrolt A) for the collection W reception of MIU for the "Sidental and '.. b) as a nmttral disposal 1M vaLtaation Otte for trash Md other refuse; i t •4 1 , Y e 1 F Y } 66 e) as a storage area for such toolso equipment and .' supplies as are used in the maintenance and upkeep i of the Community; or t' d) for any purpose which they in their discretion deem to be in the beat interest of the Community as S .a whole. =. ` section 3. The ioard of Managers may employ for the Community I a Managing Agent at a compensation established by the Board, to perform such duties and'sexvices as the Board shall•authoriae, ` • including. but not limited to, all of the powers granted to the _ Board of Managers by those By-Laws other than the powers set forth in subsections b). d), s)r h)r i)r and j), of Section 2 of this Article 11. Section 4. The first Board of Managers shall be designated by Andrew P. Sorbo and shall consist of three (3) members of whom.. two (2) shall serve until the Third Annual Meeting of townhouse unit owners held pursuant to Article 111, Section I of the By-Laws and one (1) shall serve until the second Annual Meeting held as �r aforesaid. At each such Annual Meeting one or more Members of ; said Board of Managers, an the vase may be, shall be elected by 4 the townhouse unit owners to fill tho vacancies so created. section S. Except for the first Board of Managers, Managers may be rsmove4 for 06u2e, and a successor elected, by an affirmative vote of the nsajorlty of the townhouse unit owners. However.. ramoval of m*mbers of the rlxat Board of Managers shall require. unanimous vote of all townhouse unit owners, including the Grantors# if they shall cwn any units at the time. if any _ x tanagers at reawvad, their sueaeasars WW be elected at the 67 faflla tines, 9eotion b. Va*ar0ias.iq the Board of Nenagers catsre4 by Oy' I 1 .f roason other then the removal 09 a Manager under seotion 5 of ! fl I � this Article, shall be fillo4 by vote of +4=Jority of the rarcWJdZg 94WOra at a Specia4 mooting of the Ward Or WraLgora hold for that puipozop MAch mooting 041 be head promptly afte tho oaourr'cnce of any such vacancy, even though the Man000ra proaant At suoh scooting mW constitute loaa than a quorum, and oaoh parson ao oloctod shoLU bo a Managor until the next Annual Mooting of the Corporation, or until a spooia Meotina•of the x } Corparation duly oallod and hold for the oxproas purpose of - •ozcdting a Xinogor to fill the vaaanoy until the expiration of the Coro. Uoopt for mombe'ra of the liret Board of Maned*rs, no Manaaox eh4LU ooatinuo to aoxva as suoh if, during M4 term of offiao, hO ahall ooase to be a townhouse unit ounor. j s Sootton 7. Too firat meeting of the Ward of Managora follow-. =� i the n.rat Annual Mooting of the townheuso unit ownore ahalInl � . y be hold within the (10) days thereafter, at ouch tuna and y co 3 as shall be i'ixed by the UnAt ownare, at the msootina at which i auch Board of Managora shall have bean elootod, and no notice } } shall be naonaaary to V)e now y *looted Managers in oxdor f •. logally to conatituto'suoh mooting, provided a,tcajority of the whole hoar4 41f Managera shAU be pr0000t ther44t. sootion 8. 7togular snootinga of the Board of Managers may be i hold at such time "4 place ae Shall be aotorlglA*4 from tuw to ' time by a Worl.W of the xembora, Notice of reaular meatu%a of the Board of *Aagova oh= be Sim to,each M4Amvr, by mail 4 '] F $�x297 - k GS At leant three (3) business dawn prior to the dagy'nsmed for ' suob, meetUgo 7 ' ftoti.on 9. SpeoiN, meetings of the Board of Managers 'may bo - 04Xod by the President on three ($) busizov4 doya notioo to j each Manager gtvan by mail, which notice shall state the Lima, plane and purpose of thoMootiog. 8pcoial meetings of the Board of Msraagexe shall be called by the President or Clerk in like manner and on liko notice on the written roquest of at F • � least throe (3) Hanagoxo. i $cation 10. Any Menagor w at arty tine vAlve notice of any !I meeting of the Board of Hanagorn its vrAting and such vaivox shalt: be-deemed equivalent to the glyl.ng of such notice. Section It At an meetings of the Board of VAnagers, a unjorr ! Uy of +he members thexeot shall, eonatituto a quorum for the I c traneactin of business and the votes of a g , tWority of the Managovs present At a meeting At which a quorum is present shall Y constitute the dooision of the Board of Manger`. Xf at any mooting of the Board of Managors there shall ba-loss than a quorum present, a x4oxity of those present xV adjourn the meeting from time to time. Section 12., Unloss otherwieo voted by the townhouse unit ownora, the Board of Managors shall attompt to obtain Rdoquato S fidoiity bonds for AU ofiiaora and'omploycos of tho Corporattai �. {! handling or responsible for tho-Corporation funds. -The ? premium on suoh bonds oh= conatitubo a comon cxponso' T ' i Section t3, Be member of the Board of Managors short}, reaaive OW oomp9niatioll from the CoPperation for acting as such. �Sastion 14. TM Manpgers sha1L not b• U410 to the townhouse E %U4% awnsra for AUtOU Of JudWAht, nogligenob, or othor. el s E . 69 ,. Wider axoopt ror their mm indl;mw 1 Willful miscondyot or bQ4 i with. The tOwrilloue unit owners ehaal L1Qemr4ty and hold harmleaa each Ylamgor agAinst &U aoAtra4tvAa liability to trio othors ariaing. out of oontraota made by the hooxd or !Managers on b"f Of Andrew Circle unlons any euoh contract shall have boon wade in bad faith or contrary to the provisions of the ` haolaration or of those By-paws. It Is intended that the )Managers sh&U have no poracnal llability with respeat to any 1 contra4t nwdo by thou on bone► t of Andrew Circle. xne origi,nak board of is apooltla� ally authoxizad to contract for , ! . goods or oorvioos with the Grantor,, or employees or Arriliatoa of the Grantor 'Whothor or not such porooAa axe then mombore of the Hoard of Managers and no such contracting shall b& dossed to involva a oonfUot of intoroat. it is also intended that the � 7,lability of mV townhouse unit Owner arising out of vW contraos ' mado'by tho Board of Managoxc shall be limttod to ouch propor» j .'� tion< of the total 1141ol7.lty theroundor as tho number of town- housoPmita owned by him baaro to the total numbar of towmhouao ; i units in the Community. Every agroomont piada by th4 Board of Hanagera or by the X=agiAg Agent on bohalf of Andrew Circle shall provide that the Managoxs or the Managing Agents as the oaca a►ati► be, are noting only do agent foal the townhouse unit owners and shall have no persona], liability thorounder (except as townhouse unit owners), and that each toWMaUee unit ownor'a liability thorounder oh%U be United to that proportion which +� the numbor of townhouse units owned'by him beara to.the total � r numbax of townhouse %"ta in the Community. � ArOXCLIC XU i lootion Within thtrty'(30) days after title to Eighty pjr, r ' 7Q , cent (89%) of the townhouse units has been oonveyed, or one (l) .year following the date of conveyance of tho first townhouse unit, whichever Is sooner, the Board of Managors ahall call tho First AnnuaX Meeting of townhouse unit owners, x'heroaftor, Annual Meetings nhall.bo he14 on the anniversary date of such mooting; U each aucooeding year; the date of the Annual Meeting may be changed by a proper amendment to theae-By-i•awa. At' such meetings Managers shall be @leotod by ballot of the : townhouse-unit owners, in accordance with the roquiromonto of Article 11 of these By-Lava. �•ho townhouse unit owner* may F also transact such other business of the CowAunity as may propor3y o01rie before •them. $action_2. Meetings of the townhouso unit owners shall be hold at trio principal, office of tho Community, or at such othor suit- able place convenient to the townhouse unit owners as may be dosignated by the boavd of Managers. ` Section 3 It shall be the duty of the President to call a special sleeting of the townhouse unit owners as directed by the � Board of Managers or upon a petition signed by at -least Ono- � F third of the townhouse unit owners, delivered to trio clerk. Section ks -'It-shall bo'the duty of the clerk to mail or dolivor a notice of cash annual, or special mooting, stating the purpose :. thoroof as Noll ae the time and place whoro 44 is to be hold, t4 each townhouso unit owner of record, at least give (5) but not :F more than ton (10) days prior to ouch meeting, 'Phu mailing or dolivory of a notice in the manner provided in theso Sy4Aws 1 shall be oonsidored notice served. Xotiao of a meeting Hoed not be.given to N townhouse nut owner it a written waivcV thereof`executed before, duriing or,after the meeting by such : . ' townhO=e unit owner or his 40y Auth6vixed attorney or sgontp Is tiled with iris rsaorO of the meeting. ..low floation It MW meating of townhouse unit owners. o+nnot be held because a quorum has not attadedr a sn4ortty In interest' ' • of tho to"ouco unit ownors who at* present at ouch meeting, aithor in parson or by proxy, shall adfnurn the seating to w time not lees than forty-eight.(49) hours froi the time the original satiating wax called. Sactlon G The owner or owners of oaoh townhouse'unit, or somo Parson, doe pated.by such owner or owners to act tie proxy on h4s or their behalf, who need not be an o'wnor, &hall be ontitlod to cant tho vote appurtanont to such unit at any meeting of townhouse unit ownora. Tho dooignation of any proxy shall be woo in writing to tho Olerk, and shah, be revocable at any time written notiae to the Olork by the ownor or ownors so doaienating. Any and a % ownoro sngy be present at any mooting J of the townhouso unit owners sad may vote or take any other , nation as a Vntt either in porson or by proxy* 04oh townhouse 9 : unit owAor (inoluding tho Granter, If the Orantor aha11, thon own one or Moro townhousO.Units,) shall be entitled to cast one 1 vote at all mootings of the townhouse unit owners, which voto shall be weighted by multiplying it by the nurabor of townhouse j units owned by auoh ownoe. The votes attributable to each townhouse unit p+aot bo voted as an ontiroty axed if owners of a � ..t 1 townhouse unit ohall be unablo to WOO on the vote to bo coat 'on any kasuo their right to vote on that loauo shad be doomed to have baon waived. .Any townhouse unit or unitis owned by tho .; 9o4r4 of WAagoks or Its defiance shall not be ontitlod to a s ' vote and shall be excluded trom the total nulnbor of townhouso units In the Community whon computing the proportionate interest { i of all other townhouse, 'uut owners for voting purposes. 9h the avant the Orantor Mall duly amend the Master bond to oauso the r i •J � r • ray , ]�] '. 1 :Y 1 i B9I297 r Community to be enUwged by the addition of more townhouse junits, said added units #hail be entitled to vote and ahall be chargeable with their sham o! the common charges from and after the date of oonveyanoo of the first townhouse unit in suoh • addition. � •. Sootion Z. As used in these ByLawa the term "majority or town. } house unit owners" shall moan those townhouso unit owners � 'Wing more than fifty per oont (500) of the total authorisod . vote# of all townhouse unit owners preaont in porson or by proxy and votIrS at any mooting of the townhouse unit ownora, determined in accordance with the provioions of Section G of this Article XIX. The vote of the majority of townhouse unit ' ownora resent at a meeting At which, a quorum ah&U be rosont p B p i } -r - shall boo binding upon sll townhouse unit ownora tar a3.1 purponca E except 'when in the Master Deed, the noolaration, or thoso-Dy- Lava, or by lax,. A higher porcontagu vote io req%drod. a• Sootion 8. Exaapt a8 Otherwise provided in those BY-Laws, the presence in person or by proxy of a majority or townhouse unit ' owners shall constitute a►quorum at all meetings of the town» � I hou.e unit comers. t MXOz;u XV Seotion I. The prinoipal officers of the Community shall be tho President, the Vice-Prooldent, the Ciork and the Treasurer. ' The president and vico«prealdont shall be *looted by And from the Board of VMagers. Tbs Troo#urer and Clerk shall be *began i by the members of the Corporation at the Annual !Sooting. Any vaoaaoie6'%=ch mqy scour is these latter two offiaos-shall be .trilled.ty the Board or HAAaBara, She S'Woessors.so 4%QNGn Shell, i . , -12w l ' E • Y 73 a servo until the next Annwa Heating or the oorporaion or until a Bpeo14l b[epttng properly and duly called, tot this purpose. The clerk and Treasurer need not be members or the Corpomtion.. 7no Board at Maasgas zW appoint An Assistant 'Aromurdr, On ; Aesiatant clerk, a►nd Hush other offiasrs ms $A its jus peat m4Y bet necessary. Seation_2. Those officove of the Community to be choson by the 7 i Board of Managova shall be elooted onnually at the Organizations , Meeting of acid Board, And shall hold office at the pleasure of the Board and until, their auocossors are eleotod. f Soot Ion Vpon the affirmative vote of tho majority of the Hoard of Manegora at a regular,or speoiel mooting thereof called , `i for that purpoaa, any arricee chosen by said Board rsy he �I romovod, either with or without cauos, and his ouccoasor elected i ,- However, only the mombora of the Corporation, at an Annual t Mooting or a Special Hooting duly called axprossly for this � r purpoa, may ramove an officer chosen by said members. � soction 4. The presidont, shall be the chief oxaoutive offioor � or the Community. He shall preside at all meetings of the townhouse unit owaore and of the Board of Managera. He shall � ' have al of the gonorai powova and duties which axe incident to the office or Preoidoht or.a atoolc corporation undor the 4 Corporation Law of Y.asa44husettsf including but not limited to i4 the power to appoint committees from among the townhouse unit gg ' owners from time to time, &a he =W it his diaorotion deoide 3 ppxopriate to ere a sastat Sn the conduct or the affoirs of the Community. +� section 56 vice-president shall take the place of the President !ad porfora tie duttns tlhonevor the President ahall be absent o. i ' I � �r . f • Rw �• K1297 74 unable to acto if neither the President or the•Viee-Proeidontti Is able to sot, the Board of Managors Will apoint some other mombor of the Board to aet in place or the President, on an , Interim basis. The V4ce-Presidont shall also perforok ouch ot%or : duties as shall from time to time be impoaod upon him by the Board of VAnagers or by the President. Section 6. The Clerk'ehall keep the minutes of all emootinga of the towMouae unit oxnors And of the Board of VIAnagorsa shoal havo 4harge of such books and papers as the Board of Mcmogora wW dirooti and shall perform all the dutioo inoidoht to the offloo of Olork of A stook'corporation undor the corporation Laws of Manoaohueotts. r Section 7. The Treasurer ohall havo the rauponoibility for Co=unity funds and seouritioa and shall be raaponalblo for keeping full and.aoourato fixianoial reoorda and books of I fl: aceaunt shown& aa,l receipts and diebureomente and ror the prop"tion of al1 required finanoial data. Se shoal ba roaponsible for the doposxt,oi' all moneys meld other valuablo � ' effeota In the name of the Board of Managera, or the managing C � agont, in ouch dopoaltories as wW from tipo to time bo doaig» :-$ • rated by the Board of Managora, and its shall, porforw all duties incident to the'office of Treasurer of a stook corporation organized under the Corporation law of the ConraorWalth, No payment vouaherS Shea bo paAd unlosa and Until approved by the Troaourar, s otion 8. Ala, agreements, controots', deeao, leaoos, ahoeka and other inatrumants of the Co=wnity shall-be executed by such ; officer or offloors of the ComaurAty or by suoh other poroori I or personas as may bs Authorized by tho Ward of Manager.#. ... ..! .e ewSGin✓ ::SYty' _Y.]S`.'N'r$:]�� ',_Y .`".jr � ri r:;_ _,� , • i j 8 a . No officer shell receive arW acogwensation from the 4 Com mity for SOW% As Sum, ootiam12 Awl officer stay resign at ergs tame by giving urittea riottce to the DOU4 Ot VAnS sors, the prseident or the olork. Arty such resignation shoU Ulie effeat at the We of the receipt of suoh notios or at any later time speoifted therein. Unless otherwise specified thorain, tiro aoceptmao of such i reRignatlon shell not be Aec¢asarry to Make At offact4vo, � ARTIOM VNOTDOES n t eactian 1. -Vhsnsvar under the provisions of the Master iw444 or t of those Ay-lAWM, notiee is roquirod to be given to the Hoard of } Renegers, ony mannIAg agewlt or townhouse unit owner, it sh%U not be construO to Mean per80nal notices but-smah notice many be giver in writing, either by mail, by depositing the same in ' a post office or letter box in a postpaid scaled xrepper, . addroaae4 to the Snarl of Ha►wagaru, such xxatwagistg Agent or I townhouse unit owner at such addrqus " appears on the.books of 4 the Co oration, Notice ahall be OomaA given f rp �a�of the Awto of mailing or by delivery to such porsonts said addreis. ; I flootion 2. Vhenever dry► notice i irbgw=red to be given under the provisions of pike blaster Uood, of lew;br of these Sy-Uvx, It waiver thereof, in writing$ signed by the person or persons entitled to such notice, whether bofore or after the tiara state4 ' therein, shsl], be doom" the equivalent thereof. I ARTICLE VX $gotten 1. The board-of Xuiagera shall from time to tiny and at least annually, prepare a budget for the Community"doterraino the amount of common expenses of the Community and allocate and assess. such commmoa charges among the townhouse unit owners a000rding to their respective percentages of-ownership In the Corporation. The oo=on expensos shall include, among othor j things, the cost of ail insuranae•promtumks on all pallcioe of i►icuranoe roq% red to be, or which have boon obtalnod by tho t Board of Manageva pursuant-to the provini,ons of theme By-laud.. t The common expenses shall also include the amount charged for I` the operation, core, upkeep, and maintonanaa of the common arcoai s and of any part,of the Property, including, without li,aitatian, i an amount for working capital of tho Community, for a goncrza t operating reserve, ;or a reserve fund for roplacemonts, and to a make up any deficit in the common exponaos, of oxW prior yoar. The common expenses m&y also inaludo such amounts as may be required for the purchase or lease by the Board of Manaaers, on behalf of a12, the townhouse unit owners ofany townhouso unit f w>ioeo owner has eloctod to sell or lease cuoh unit, or of any , :! unit which le to be sold at a foreclosure or other judicial 447.0' " Y The Board of Managers ,shall Advise all townhouso unit ' owners promptly and In writing, of the amount of the comon charges PAYablo by each of thew, roopoativoW, as dotor+atned by the Doard of Managers,•so 'aforesaid and ahall furnish oopios of each budget on whloh such vhargos are baaad, to all townhouse unit owners and to their-mortgagoos. The Grantor will be roy quired to pay common ehargos In full on MYy unit owned by it. " section_2. AU tounhou$o unit owner$ $hail Vey the oozmn Chagos assessed by the poard of Managors p► A'uoait to tho pro• - vision$ of theme Zy-Lawns a'wntWW in advance, or at suoh other,- i fto W fim$s as tho )hoard $tell detmins. UP r 1 No townhouse unit owner shall be liable for the pay" anent Of any port ,of the common charges assessed against his unit i subsequent to a sale, transfer or other conveyance by hire duly ' ' recorded in the Worth Essex Registry of Deeds, Including aonvoyance to the Board of Managers made in accordance with the Provisions of Article VXXI of those ay-i,aws, together with the Appurtenant Intorosts, as defined In Section I of this Article VIII horeof. In the event Andrew P. Sorbo should enlarge the Community by adding thorato Other townhouse unite, said additional. units shall be chargeable with their share of the common expenses . . i from and aftor the date of the conveyance of the first unit In said addition. Subject to the provisions of Section S of this Article VI, A purchaser of a townhouse unit shall he liable for the payment of common oharges Assossed and unpaid against such Unit prior to the acquisition by him of such unit, but any riort- pagoe shall not be liable for any charges assossed prior to the acquisition of title byaaid mortgagoo. Section 7. In the event of default by any townhouse unit owner in the payment of the common charges, such townhouse unit owner ' shall be obligated to pay interest at the rate of eight percent i i8ty. por annum on such common charges from the due date thereof, t together with all expenses, including unpaid attorneys' teas, 3 incurred by the Board of Managers in collecting the same. The i ,t Board of tanagers may seek to recover such conm,on charges, interest and expenses by an nation to recover the same brought ! against such unit owner, or by foreclosure of the lien which s i such unpaid charges have become on the unit or units. i f E ... 9K1297 Section 1. in any action brought by the Board of Managers to foreclose a lien on a townhouse unit becauae•of unpaid CDmmon- charges; the townhouse unit owner shall be required to pay a rea- sonable rental for the use of his unit and the plaintiff in such foreclosure action shall be entitled to the appointment of a , receiver to collect the same, The Board of Managers, acting on behalf of all the unit owners, shall have the power to purchase such unit at the foreclosure sale and to acquire, hold, ,loase, !I convey, mortgage (but not to vote the aharo or shares appurtenant ' thereto), or otherwise deal with the same. A suit to recover a 6 money judgment for unpaid common charges shall bo-maintainable ; without foreclosing or waiving the lien securing same. ' Section S. The Board of Managers shall promptly provide any townhouea.unit owner or his mortgagoe or a prospective purchaser rwosting same in Writing, with a written statomont of all unpaid common charges duo from such unit owner. When the bolanos S is paid, the aoArd of Managors will issue a certificate in a ' `r suitable form for recording and the same when recorded in the North Essex Registry of Deeds shall operate to discharge the Unit from any lien or any other sums then unpaid, at least as to bona 4` - y fide third parties relying on such statemont. • ' Section b. The Board of Nanagors shall obtain and maintain, to ' is the extent obtainable and permitted by applicable law, the follow ing insuranco, (1) fire insurance with extended coverage insuring the Property, including both the townhouse unite and the common areas* and all fixtures contained therein and attached thereto, r and covering the interowty of the Corporation, the Board of Hanagars, and.all townhouse unit owners and their mortgagees, at f their interests may appear, in the amount determined by the Board of Managers, each of which policies shall contain a ; t - 78 standard siortgagae clause in favor of each mortgagee of a, unit which shall provide that the loss, if any, thereunder shall be payable to such mcrtgagaa as its interest may appear. The insurance shall be for at least the replacement value of each unit and shall be reviewed and brought current annuallys (2) workmen's eompeneation insuranoe it requiredl (3) public liability insurance in such amounts and with such coverage as the ' Board of Managers shall ftom time to time determine, but at • least covering each member of tha Board of Managers) the Aanaging Agent and each townhouse unit owner and with croon liability ' ondoreemonte to cover liabilities of the townhouse unit owners as a group to a townhouse unit owners and (4) such other insurance f an the BOAYd of Managers may determine. All such policies shall i provide that adjustments of loss shall be made by the Board of ; Managers and that tho net proceeds thereof shall be payable to ' the 0oard of Managers. i All policies of physical damage insurance shall ;4 contain waivers of subrogation and waivers of any reduction of S pre-rota liability of the insurer as a result of any insurance ' j ' J carried by,townhouse unit owners or of invalidity arising from ] any sots of the insured or any townhouse unit owners, and shall j provido that such policies may not be cancelled or substantially E modified without at least thirty (30) days written notice to all � i of the insureds, including all mortgagees of townhouse unite. Duplicate originals or certificates of all policies of physical ` damage insurance, and of all renewals thereof, together with proof of.paymant of premiums, shall, be delivered to all mortgagees s� of units at least ton (10) days prior to expiration of the then S current policies. f Townhouse unit owners should carry insurance for thei t benefit insuring their furniture, furniehinge'a04 outer personal , $0 :.:.. •property pxavldod that su such polloios shall contain walvoro or subrogation end further provAdod that tho liability of tho $card of Managers shall not be affooted or diminishod by roaaon of any such 4441tional Insurance carried by any townhouao unit owner . .• ! .• §eetion 7 Ill the ovont of damaae to ae doetruotion of a build- ing er buildings containing a townhouse unit or unite as a f result of fire or other casualty, the Uoard of Managora ahalll I fit. arrange for the prompt ropair And roatorntton or the building or bu"Ungo aontainina the unit or units .(inoludina any damaged units, but sot Including iluniture, furnlahinga, or { other personal, property supplied to or insta7llod by the town. house unit Mor or owners), and the Board of Hmoaora ahol,l. disburse the proceeds of all insurance polioias•to the contraa- tor or oontraotora engaged in-such repair and restoration in ;. . appropriate progress payments. Any Coat of ouch ropnir and restoration in exoesa of the insurance proceeds shall oonotituCoi a aozmon oxponss and tho Board of Managers may aas000 all towAheus0 unit awuers for such dofieit ac part of tho aorgaon oxponoo. In trio event that A mortgagoo of a townhouse unit dowanda And receives insurance proceeds hold by the Managers as a vooult of afire or other aasualty lose, and appl.i.oe said pr0000ds t0 •. • the reduatlon of any note or notes, 'or other indobtadnusa secured by a mortgage on said townhouae unit the ownor of said ' unit egre94 to o%ecute suoh. doads, notoo; Mortgages, oovandnta, or other Lnotrumoata as aro nacaaaary to race funds sufPiaiont to Oaks up the difforoncp betweon the net proceeds of the insurance after acid wort { gases ha4 boon paid) and the noab of BROW ....... . ...... {; • ., a. .sad:...... ....,...a..«a.aw.....w... _ - B11291 _! reconstructing, restoring and repairing the damaged townhouse unit. Failure of a townhouse'unit owner to comply with the , provisions of this section with thirty (30) days alter written', notice given him by the Managers shall cause the amount QeiAma to become a lien an the townhouse unit in question. Failure shall also empower the Managers to-bring an action in the superior Court for such order or orders as may be necessary to enforce this section. Remodies and rights of the Board of Managers and of j the Corporation under this section shall be cumulative, and election to pursue one or more remedies shall not be construed as a waiver of rights and privileges belonging to the Board or to the Corporation. ' it there shall have been a repair or restoration pursuant to the first paragraph of this Section 7, end the amount of insuranco proceeds shall have exceeded the aost of suoh repair !" , or restoration then the excess of such insurance procasdKo if { _ 1 i any, shalt ba added to the corporation's reserve Lund, or, at the option of the Hoard of Managers, divided among all the town- house unit owners in proportion to their respective interests in ' the Corporation. section 8. a) All maintenance and replacement of and repairs to any townhouse unit, whether structural or non-atructural, �•� ..�"*.ev.-• Y 'r��+4A'1t�.t ors .Y{•�0��`'�•F, n,� c u,1' •'" r,�.fT:i.'`s'�'" wit'di,fs.JRr�-.1..::.5:..,,�l�i<'.a.:.r,•y,...:A�i::.4,a7-"�-� DR1297 � $fir ordinary or extraordinary, snd to the dooxe and windows, electrical, plumbing, heating and air-oonditioning, water and sower facilities and fixtures belonging to a townhouse unit � owner and not A part of the comwn areas or of the aroao con.. Deming wMah easements have boon convoyod to the Corporation, _ shah, be done by the Unit owner at the unit ownorka expanse, ; except as othorvise spoolfiaaaly provided herein; provided that an repair, replacement, painting, or decorating of the exterior of eny townhouse unit, including but not limited to doors, ' 14ndowa, trim, elaPboar s, shingles, roofs, brickwork, terraces, '.. porahos, and dooka, ahall be done by the Board of Managora. b) All maintenance, repair and roplacemonto to the commn areas as donned in the plan or in the master deeds or to those areas concerning which casements have boon convoyod to the Corporation, and the painting and decorating of the oxtorior of the townhouso units shal}, be done by the Board of Hanagova and shall be included as 4 common oxponoo of the community, except ; to the oxtont that the same are necessitated by the nogliganco, misuse or Lneglect of a townhouse unit owner, in which nano such ' expense shall bo ohargod to such townhouse unit owner. i Section 9. Restrictions a) two nuisances sha11 be eaZowod on the f. Property nor 001 any use or practico be aXlowed vhich is a 3 source of anrtoyanCe to-its rasidonts or wUeh'intorforea with" the peaceful aWoymont of the Property. b) No immoral, improper, ofronsiva, or unlawful use shall be made of the Property or any part thoroof, and all va13d laws, i sonins ordinances, by-laws and roguUtione of ail govox�aontr►l ' bodies having Jurisdiction thereof shall, be obsorved.• a) No portion of A Gnat (other than the entire wAt) rAay be ranted, and no transient gay be acsozaodated therein. `. ��. F i r --• , 83 Soct OA 10. a) Ito iMPravemonta,, additionu, latoraiWas or other t work which in sty►Way altQra the axtorior appoaxanoo or struo» tuna of my townhow* unite rrom its natural or improved state � I oxiatir4 an the date such townhouse unit wan first conveyod in too by.the Grantor, ahall be made, or done without the pxier ' I written approval oi' the ward, aeting as the Ilrohiteoturol , Comittoo vhich has boon eatabliahod pursuant to the Andrew ; k Circle Rostricttons. 1 I b) Arty townhouse unit owner or ownera, except the Crrnntor � An4 its doalpoUd a„onta, proposing to make any xmprovawonta j which, under the preceding paragraph, requires tho prior f written approval or the Co=:ttee, ahall apply for approval by ' dol.ivoring to the Couanittee a written application doacKbina in dotail the nature of the proposed iwprov6mant, togother with such additional doovmnta 4s the 00=itteo M&Y reasonably : , roquiro. 1 e) The co=ittoo ,hall, aftor oonstderation of the itous. t f ' 1 sot toiKth above and auoh other muttoxs to it doomo nocor*oaty, 1 groat the requested approval it tho Committee, dotorrninos thO; ' xla,'he proposed improvement conforms to the AAd ow - d role PaotriotionG and to tho ,Architeotural Co;vitty toe Rules in oCfoot at the time the application nor ; approval was aub;aittodj 2) x"na proponod Inprovomont Ss reasonably cotmp atlbau ' with the.otandardo of hndrow Cirolo and the ppum;m:+?a of tho Andrew Circle Rostrlotiona as to quality of workntgnahip and matoriala, as to haraory/ of oxtri'M661 .dooign with exiatltrg latructuros and as to looatiors with roapoct tiO topography and finiohed grado olovation; and 3) -,no prop000d improvement complies with la f applivablo building, hoalth sanitary zoning, sand ` other land use laws and mun�oipal ord�nancoa and town by-lawla. d) All approvals, gtvon under the foregoing paragraph ahslli be in Writing and. ohoii be recorded it the North Nesex Itoiaotly 1 of Deeds, providod, howovor, th4t any application for appre,vOI i Ptah has, tot ba.ou`aotod upoh within t1>arty (30y daa trot tho F a I -23r • ,� �F►`,'. +v�a� t'= 1��4`tl:vkF,G�,Fx.,s.t.:.. .,•t. '.t � .Li� � T�:�,:�..S:7a:. .'t�.. �,r...;..,, ' .."h,w' • � g'�xis� . Cato of douvery thereof to the Co=it:toe shall be dca+nou - �+ approved and a certifioate to that offoot aIgnod by any tmcuou: r of the Co= ttoo or by the Pvosidont or Mork Of the Cocpor4ia;;,and duly•seoordod chaU. be conclusive of approval,* U,zo sci; *. plans as finally approved shall bo rotainod by the Co=W.1;oa .:s 4- a po=44ont record. ; 11 0) Vpon rocolpt of approval from tho CozmtOtdo or u.)Oa tips. #. . J;! elapse of'thirty (30) days without action as provided In p6a"—g c Craph (d) of this Section, the townhouse unit owner eaca ., "i. soon as praoticable oommonco and dil:gontly procoola wil ve. construction, rofinishing, altoratxons and oxcavatjv4a ca d approval. ;) 7h the ove;tt that the oonstruction, xeooncswAm,41.0r6, rofinishinC, or altoration of any improvements Is not: co��rl utio+a ` within a reasonable tizo, or having boon complotod dons not comply with the approval thorofor eivon by the Co»y,. ou, nhu ramody and authority of the Courattoo and of the Corrorruio.; i shall as set forth in the Andrew Cirolo Rootriotiono, f Eaton 11, 06) If fifty porcont (50%) or more but logo savonty-five percent Of tho townhouce unit ownors qy oo to an improvement to the Common Areas,or to areas eorsoorn;n;, W,4.4h an oasemcnt has boon 'arantod to the corporation, the coot oz. 1 auoh isnprovemont ahAU be borne by the wilt ownors ao aLruoi;sZ, b) SovontyttiVa poroont or more of tho towfthomao %wt-y ownore may agree to mrato an improvement to the aorv„0.7 w�vu„ 09 to areau coneorning Which An oacamont has boon smnt;od %0 corporation, and assoss khe coot thereof as a oomoox► but if such loprovamont, ohall cost In excess or ton (10) �,V:r _ cent of the thou tota value of the Community, w>vy - U"t amor trot 50 agr4eln4 uqy-ripply to the rsoax Cour►ty Zu rortc:- I OOurt CQ1 �t►otl,OO to the Wad o� or` as the I wag L'Qli4`S`i AilAla� 4f . v ,r+ .. .:..r.�.%.AC-a•:�rasasr so t� - ' - - 7T., . • ANNIAINYPI�YIYYNNAMNYIYYPIYI��IIYY.IYM�MM�N� ������ '• E `••""'•r-+�+.-...�.. ......ar.......... n.• YY MM ■ �MdYM,wlww�wwMwMMIMMMNMIIMMAMMM dlroot, for an order direatiA9 trio purabOA0 of NU'WA* by tho ,bard of gatkagers at fair market value thereof as approved by the'Court. The cost of any such purahase shall be w co=oa O�pOnior k o) AU Uprovemonts undortakon pursuant to this section 21 ah= ba 4ub4404 to the prior Written appraval'of the Commi.ttao as provided in Section 10 of these by-Jaws. f AQ4110n 12, A townhouao unit owner shall grant a right of scoot to his unit or units to the Managing Agent and/or WV othor par- son authorizad by the Doard of Mwogoro or the Wanaging Agont fox the purpose of making inapoctions or for the purpose of correcting any conditions originating in his unit aril threaton- ing another unit or a common area, or for the purposo of porformiing tndtAllationo, altorations, or•ropalrs to the parts of the property over which said perscns have control and/or the roaponolbility for wAntOnanae« Requests for ruoh 84000e must be raada in advance and entry must be at a time roaconably convenient to the townhouao WAt owner. In aaeo of an emorgonoy $uoh right of ontry shoal be lmodiAto, %%othor trip townMuse unit owner is present or not. sootion 13. The use of the taVrawuse units and the cosrmon Avoca shall bo subject to ruaos and rogulattona from time to time , adopted by the Hoard of ManagaxA 'and to rulas and regulations ; from time to timo•Adopted by the Corporationf dopiea of aatd raloA And xoguletions bh&U be =&do available to each townhouao Unit owAor prior to their effective date. sootion 14, Water A= be provided for by each individual townhouso unit ownor through his awn lndividttal seater sorvicoe the cost of wUo'h shoU be the individual xcapoasibLlity of the ..gg� '"7 t ��� :�tiiq�+7F+LAF&�:�k•.'.�. r� ,� ah.,i... t r ' {,'--3,.., e,�':I sairJi' ._,... r .. „ ,•i.',',:r,Li.: :•c •w.ix r` ,�+7.',+�>ri'zw:tiu• a--.h..�ki:.::;vF:a.s-aJsi.;,':a.•.,-,. ;ir+^ B91297 se �. owner of such unit. Hater consumed on tho common areas and on areas concerning which easements have boon conveyed to the Cor- poration shall be provided for by the Corporation and the cost of. providing such water shall be a common oxponse. Section 15, Electricity and/or gar shall be supplied by the appropriate public utility company serving tho area directly to each unit through a separate meter and each townhouse unit owner . shall pay for electricity consumed or used in his unit. The electricity and/or gas serving the common area, or areas concernin which easements have been conveyed to the Corporation, ■hall be separately metered, and the Board of Managers ■hall pay for such electricity and/or gas as a common expense. ARTICLE VII ' MORTCAOU5 Section 1. A townhouse unit owner who mortgagee his unit shall ' notify the Board of Managers of the name and address of the mortgage*. The Board of Managers shall maintain such information In a bock entitled "Mortgages of units". A section x. An used in these By-Laws, •Listed Mortgagee" shall _ mean a lender holding a first mortgage of record on a townhouse t? unit of which the unit owner affected has given the notice required in Section 1 of this Article VIL Such a mortgagee �- shall remain a Listed Mortgagee until the Board-of manage re re. solves written notice from the mortgagee of withdrawal of the ; -26- i listing ox the mortgage is discharged of record. Section 3. The Board of Managers, whenever so regue+sted in writing by a mortgages of a townhouse unit, shall promptly report any then unpaid common charges due from# or any default by, the owner of the mortgaged unit. Section !. The Board, of Managers, when giving notice to a town- house unit owner of a default in paying common charges or other ; t` default, shall „end a copy of suoh notice to each holder of a I mortgage covering such unit whose name and address has theretofore ; been furnished to the Board of Managers. I ' Sactian S. Each townhouse unit owner and each mortgagee at a townhouse unit #hall be permitted to examine books of account of the Corporation at reasonable times on business days. AkTXCLS Vill SALES, LEASES AND HOATGAGEB OV UNITS Section 1. No townhouse unit.owner shall execute and deed, mortgage.or other instrument conveying, or arortgaging title to his unit without inoluding therein the Appurtenant interests. ; For the purposes of this Section 1 "Appurtenant interests" shall de doomed to include (1) rights in areas concerning which ,nee- rents have been conveyed to the'Corporationj (Ui the exclusive right of such townhouse unit owner to use a parking space or spaaest (iii) the interest of such townhouse unit owner in any units-theretofore acqulre4 by the Corporation, Or its nominee# on behalf of all townhouse unit owners, or the proceeds of the sale or lease thereof, if anys and (iv) the interest of ouch townhouse unit owner in any other assets of the Corporation. a 27 - Any dead, mortgage or other instrument purporting to affect a - t townhouse unit shall be deemed and taken to include the Appurtenant Interest whether or not such interest are specifically {: f included therein. No part of the Appurtenant Interests of any 1 townhouse unit may be sold, transferred or otherwise disposed of, except as part of a sale, transfer or other diapositfon Of E; the townhouse unit to which such interests are appurtenant. 1 1; Section 1, The Corporation, or its nominee may purchase by and " through the board of Managers, any townhouse unit directly from the unit owner or at a foreclosure saint provided, however, that any such purchase by the Corporation shall have tho prior approval of 851 of the townhouse unit owners. k Section 1. Payment for townhouse• unitsa acquired by the Board, on behalf of all members of the Corporation, may be made from working capital and/or common cheirgos in the hands of the Board of Manageral if such funds are insuffioient, the Board may levy . an assessment as a common charge against the unit owners which # assessment shall be enforceable in the same manner as provided f in Section 3 and 4 of Article VIt and the 9oard of Managers, in �. its discretion, may borrow money to finance, in part or in Whole, acquisition of any such townhouse unit, provided, that no financing may be secured by an encumbrance or hypothecation t i of any property other than the unit, together with the Appurten- ant Interests, so to be acquired by the Hoard of managers. Station 4. In the event that a townhouse unit shall be acqui*�4 f by the board of tanagers, or its nominee, all unit owners shall ; bo deemed to'have waived all rights.of partition: with respeot �.. ( to such unit. i 20 t 1 I � I Ir AXE = XX ' 89 C oti n . xf MW townhouse un4t4 ahaul4 be taken under the i bower of 6minont d"ain, tho owner of said unfit shall doal with tho taking authority, and shai.i be oAtitled to any award or jud$7aeAt rendorod booaueo of the taking of said unit Sootion 2. Xn the avant any part of the common &road, or aroas � oouoornUW which easomonts have been conveyod to tho Corporation to taken under the power of eminent domain, the Corporation choa i be xopr000ntod by the Board of Managora, Who shall, be copoworod f to contoot, 4ompromieo and othorwiso, do4l with the ta. ng authority in-thin mattor. Any award resulting from a taint of a part of the oomon areas, or areas ooneorning Whioh oaoomonto have boon eonveyod to the Corporation, shall be allocated to tha;, i roapootiva townhouse unit ownore in the proportion that the ' number of townhouse units owaod by each bears to the total � number of townhouse units in tho Community. k Sootion , Xf the entire Community is taken under power of eminent domain, the Boar4 of DAnwra shall represent all town- house unit owners an4, In addition, shall ropresent the Corporw i ation kith roopoot to damage to oommon areas and axons coneorn- $,n& which easetaonts havo been granted to tho Corporation. Xrti ! , such a ease the entire award shall be payable to the Board off Floagors to bo distributod to the townhouso unit owners In the proportion that the nuraber'of townhouse unite owned by oaoh boavti to the totaXAumbor a! townhhouao units Within the Community. ARTIOIS X goction 1 The Board of Xanagera shall. cause to be kept detailo� v000rds'of.the "time of the Board and of the 14onagivag Adont, • • � . ...jY� :s��s`�<t;rd',av�'4'i:+�J+7.M.�%;��`e." "'w"�.t^t`C�redf�SL:l,�:l�ti�:�.::,,',y�,.,:a�,:i,le;;..,......,,.,. �;;s., s•% • � t - _ - ONI997 — F 1~ SO• if any, minutes of Tide meetings of the Board, minuton of the Y' ' meetings of the townhouse units owners, and finanoial racorda onel :E books of aaoount of the Cor unity. 4 xI oa tiork An annual report of the receipts and oxpondl uroa •' of the Community shall be made at the and of each fiocal year- by on indapondent, disinterested, Certified public ACeountant. The Managers shall cause this report to be made, and a copy of said report shall be kept on file at the orrice of the Corpora- tion-anA shall, be made available for inapootion by tornhOUa* unit owners and their authorized agontu during reasonablo ' buaxnoss hours'. Sootion 3. Copies of those By-Laws, the Artiolos of Organiza- tion, the Andrew Oirelo Restrictions, Rules and Resulatxona, as they IuW be amended from time W t1mo, shall, be maintainod at the offio* of the Corporation and shall be We available for inspection by townhouse unit owners and their authorized ABontmcduring reaaomblo businooa hours. ; MXOM xx MTSOCL7. 80%ra `r t Sootion 1. Invalidity. The invalidity of arty part.of those. by Laus shall not Impair or affeat in MW manner the validity, enforcoabLUty or offeat of the balance of thou* ay-Yaws. Section 2. Captions. The captions horoin are inoortod only as F ' a matter of oonvonionce and for voforenoo, and in no way dofino, ? 3 lush or desoribe the scope of those By-Laws, or the Sntant of any provisions thereof. Sea o . Gender. The use of the masculine gender in thou* .By-%aws-shall be deamad to inol.udo the twAni.ne gondor and tho us* of +A* aingu%ar 003 be doomed.to iuolkdo the paur4, • vhanover the context so requires. • ' BHIL297 � Sootion Waf vor, No restriction, doAdi,tion,+9611gation, or fprovision contsirted in those By-Laws eha11 be deemed to navo boon abrogated or wsavod by reason of +SLY failure to onforae ' amo, irroapoottvo of the Aumber Of Violations or bresohoa thereof 4144h WW oeour, ' Pootlon 5,, ,Siang. R'o alan, plaque or oommunloaticn of any d000ription ahall be plaood on the exterior of any toxnMouno unit or common area by a wait OwAor without the prior Britten consent of the Comoittoe. ARTI= XZY Station 1. Amendments to By-X,awa. Th000 By-Saws "y bo Modi- tied or amonded by the vote of 6&2/3 (or if suoh moaifloation or amendment afroots a provision then requiring w larger + percentage, such larger poroentmg4) IA oumber and ia1 000mon Interest of ail tfnit OW,iara at A meeting of tha vat Ownvra duly )gold ror such gvt'pose. ` 'ARTIOrm XIIx COK=OTS station 3,. X* oaao wW of those By-Laws &vo LA confliot with th � provisions of mW statute, of the Arti,olaa of Organization, or of the Andrew Circle Reaulatlono,'tha provisions of said statutoi . of the Artioles or other Rostriotions, as the ease may be, ahall' 3 I Contra& L Um QN gYWO Andrew Carole Bomemers' Assoeiatiop, A0. A Stue Copy rtkasti, November i , �' URCHWARM, CLERK '�------ Reoorded Nov.24,1916 at 1105AN 01031 wl4z!`, i•:aW�` fikW�ih�Rer�Y.3+dJwii-tie.M:+�i::Crii.Tii:.tSi;;n+ltii�n��+k1�F"Ltiw�l;ttiia.:%uti�'eC+-:4+,Cv.�::�r-`.w...�i.:.., rl;i.>�.sle'` , 1