HomeMy WebLinkAbout2007-07-16 Recorded Condominium Master Deed l7�?— i�3 =4r2v
OLD SALEM VILLAGE OF NORTH
ANDOVER CONDOMINIUM
MASTER DEED
Robert J.-Galvin,Esquire
Davis,Maim&D'Agostlne,P.C.
One Boston Place
Boston,Massachusetts 02108
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Bk. 10839 Pg 58 #21803
TABLE DE CONTENTS
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(a), Creation of Condominium. •rs*■aa*asaealr.+/la.aa►a►/!►a.arraft//ttif/►/►►►art.ara*tea■t.■aeaaaa.*ss/*sasealaaa�
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(e)' Description of Common Areas and Facilities and The Proportionate Interest of Each Unit
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(1} Pipes,wires,Flues,Duets, Conduits,Plumbing Lines and Other Common Facilities
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(n): Creation of Conti uo us Units;Division ofUnits;Certain Changes...............any fob**..a a s 4*a.on 19
(0). All Units Subject to Master Deed,Unit Deed,and By-Laws and Mules and Regulations of
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(p): Federal Home Loan Mortgage Corporation;Federal National Mortgage Association, .t..23
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(v). Non-Recourse. •.,*tr.aa.ar.atsa►as.■.■r■a*r►raasrt►►lt■+..rra,*aatlr►aeras■..rta**aaa*rastetr■s■*...traaaaaasata2
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Bk 10839 Pg .59 #21803
Master Deed
CONDOMINIUM MASTED DEED
OLD SALEM VILLAGE of NORTH A.NDOVER CONDOMINIUM
TURNPIKE STREET
NORTH ANDOVEP14 MASSACHUSETTS
(a) I. Creation of Condominium.
The undersigned,Key-Lime,Inc.,a Massachusetts corporation having its principal office
at 1538 Turnpike Street,Forth Andover,Massachusetts 01845,being the sole owner of
the land with the buildings thereon with the post office address of Turnpike Street,North
Andover,Essex County,Massachusetts 01845, described on Exhibit A,which is attached
hereto and hereby incorp orated herein by this reference and made a part hereof,does
hereby,by duly executing and recording this Master Deed, submit said land,together
with the buildings and improvements erected thereon and all easements,rights and
appurtenances belonging thereto, (the"Subject Property")to the provisions of
Massachusetts General Laws,Chapter 183A(the"Act!'). The Declarant does hereby state
that it intends to create, and does hereby create, a condominium(the"Condominium")
with respect to the Subject Property,to be governed by and subject to the provisions of
the Act.
II. Condominium Phasing.
The Declarant plans to develop the Condominium as a phased condominium, If all
phases are ultimately built and added to the Condominium,there will be thirty-seven(37)
Units. Phase I consists of one(1)unit. The Declarant is not obligated to add any future
phases. Moreover,the Declarant may develop the Condominium in any number of
subphases,and may change the number, size,height and configuration of any Units in
future phases. Section(h)III hereof sets forth the Declarant's easements and rights to add
Phases,Buildings and Units,and the procedure whereby the Declarant may unilaterally
amend this Master Deed at any time and from time to time,and all Unit owners,and all
those claiming by,through or under them shall be deemed to have consented to such
amendments,and, except for the signature of the Declarant,no signature of any owner,or
any mortgagee,ag ee,or any trustee of the Condominium Trust,or any person claiming by,
through, or under any owner including the holder of any mortgage or other encumbrance
with respect to any Unit),or any other party, shall be necessary so as to add additional
Phases,Buildings or Units to the Condominium.The Land described in Section(b) and
the now extant one(1)unit thereon constitutes Phase 1. Said Section(h)III. also
describes the Declarant's additional rights in Connection with phasing, and certain
limitations on the Declarant's phasing rights.
(b)'. Description of Land.
The premises which constitute the Condominium consists of the land described on
Exhibit A which is attached hereto and is hereby incorporated herein by this reference
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Bk 10839 Pg 60 #21803
Master Deed
and made a part hereof(the"Land")together with the buildings and improvements
thereon. The Declarant hereby expressly reserves to itself and its successors-in-title and
their nominees, for a period ending twenty-one(21)years next after the date on which
this Master Deed is recorded,the easement, license,right and privilege to pass and repass
by vehicle and on foot in,upon,over and to the common areas and facilities of the
Condominium(hereinafter defined)for all purposes,including but not limited to
transportation of construction materials in order to complete construction work on the
Condominium, Nothing in this paragraph shall be deemed to create any rights in the
general public. The Declarant reserves the exclusive right to grant easements over,
under,through and across the common areas and facilities of the Condominium,
including but not limited to the Land and all buildings, for the purpose of(a)satisfying
the Special permit described in Section(m)hereto,or variance or special permit or other
requirements requirement of the Town of Forth Andover,(b)installing wires,cables,
pipes,conduits and utilities serving the Units and the common areas and facilities in the
Condominium and such other equipment as may be necessary for the installation and
operation of the same,and the Declarant reserves the right(but not the obligation)to
install wires,cables,pipes,conduits and utilities and such ether equipment as may be
necessary for the installation and operation of same in any portions of the Condominium
buildings, and(c)satisfying the extant Orders of Conditions applicable to the Land.
( Description of Buildings.
There is one (1)building(the"Building"') on the Land,which constitutes Unit 19. The
Building is described on Exhibit B which is attached hereto and is hereby incorporated
herein by this reference and made a part hereof. The Building in Phase I contains two(2)
stories,plus a basement. The Building is wood frame,with good j oists,vinyl siding and
Azek trim. The interior walls are shim coat plaster. The roof is asphalt shingle. The
Unit contains a two(2)car garage.
(d). Description of Units,Decks,Exclusive Use Areas,and Parking,
I. Units.
The designation of each Unit, and a statement of its location, approximate
area,number of rooms,and immediate common area to which it has access, and
its proportionate interest ire the common areas and facilities of the Condominium
are as set forth on Exhibit C which is attached hereto and 'is hereby incorporated
herein by this reference and made a part hereof.
The Declarant reserves the easement and rl ght to change the number, size,
location,and configuration of Units not yet conveyed to third parties at any time
and from time to time as set forth in section(n)hereof.
Each Unit shall have the exclusive use of the walkways, driveway, air
conditioner pad and air conditioner unit,propane tams lamp posts, decks,porches
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Bk 10839 Pg 61 #21803
Master Deed
and entryways servicing only that Unit, and the yard area(s)specifically
designated for the use of that Unit on the Site Plan(as defined in Section(f)
hereof),and the foregoing items shall constitute Limited Common Area
appurtenant to that Unit.No Unit owner shall build or install any improvement to
a Limited Common Area without the express prior written consent of the
Condominium Trust in each instance. Any such improvement shall be maintained
and repaired by and at the expense of the owner of the Unit entitled to the use of
the Limited Common Area on which such improvement is located.
The boundaries of each of the units with respect to the floors,ceilings,walls,
doors and windows thereof are as follows:
Buildings that contain a sin le Unit;
Each Unit shall be a single family free-standing dwelling house or single family
attached dwelling house. Each Unit includes the entire Building,including
structural and nonstructural portions thereof and interior and exterior portions
thereof.
(i) Concrete Floors; The plane of the louver surface of the concrete basement
floor slab.
(ii) Concrete walls: The exterior surface of the concrete walls.
iii) Roofs: The exterior surface of the shingles or other exterior roofing
material.
(iv) Wall.s. The exterior surface of the gall.
(v) Doors and windows;Doors and windows that open from a Unit are part of
the Unity
(vi) Garages, As to the garage portion of each unit,the plane of the lower
surface of the concrete floor slab,the exterior surface of the shingles or
other roofing material; and as to galls,the exterior surface of the walls;
windows and doors that open from a garage are part of the Unit.
(vii) Pi a Chases Shafts or Other Enclosures concealing pipes(including but
not limited to sprinkler pipes),wires,or conduits within a unit are part of
that unit,but the pipes,wires or conduits within such pipe chase,shaft or
other enclosure which serve more than one Unit are a part of the Limited
Common Area.
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Bk 10839 Pg 62 #21803
Master Deed
(Viii Eire laces Chimne s and flues located within chi nine s, A.fireplace, if
any, and the flue and chimney serving such fireplace is a part of the Unit
served by such fireplace,chimney and flue.
(ix) Each Unit Owner shall be obligated to maintain,repair and replace all
portions of his Unit, structural and non-structural,interior and exterior.
Buildings that contain two 2 !mLts,
(x) Concrete Floors: The plane of the upper surface of the concrete basement
floor slab.
(xi) Concrete walls: The interior surface of the concrete walls,
(Xii) U' ear Boundaries, The uppermost surface of the roof rafter.
(Xiii Walls: As to walls,The plane of the wall studs facing the interior of the
Unit. As to the interior building Falls between units,the centerlines of the
wall between units.
: (xiv) Doors and Windows: Doors and windows that open from.a Unit are part of
the Unit.
(xv) Gara es: As to the garage portion of each un1t,the plane of the lower
surface of the concrete floor slab,the exterior surface of the shingles or
other roofing material; and as to walls,the exterior surface of the walls;
windows and doors that open from a garage are part of the Unit.
(xvi) Pipe Chases shafts or Other Enclosures concealing pipes(including but
not limited to sprinkler pipes),wires, or conduits within a Unit are part of
that Unit.Pipes',wires or conduits within or without such pipe chase, shaft
or other enclosure which serge only one Unit are part of the Unit which
they serve.Pipes,wires or conduits which serve more than one Unit are
Limited Common Area for the Units which they serve.
(xvii) Eire laces Chin�ne s and flues located within chimne s. A fireplace,if
any, and the flue serving such fireplace is a part of the Unit served by such
chimney and flue. If the chimney serves both Units,it shall be Limited
Conu-non Area for both Units.
(xviii) Each Unit Owner shall be obligated to maintain the non-structural portions
of his Unit.
(xix) All portions of the Building other than the Units described above,and all
structural portions of the Building,shall be Limited Common Area for
both Units in the Building. The Owners of both Units shall be obligated to
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Bk 10839 Pg 63 #21803
Master Deed
maintain repair and replace such Limi ted Common Area at their initiative
and at their expense,in proportion to the undivided interest in the common
areas and facilities appurtenant to each Unit as if both Units were the only
Units in the Condomm' ivam.
All Units:
(xx) All storm and screen windows and doors,whether interior or exterior,
shad.be the property of the Owner of the Unit to which they are attached
or attachable and shall be furnished,installed,maintained,repaired and
replaced at the sole expense of such Unit Owner,provided,however,that
there shall not be any � ,char e replacement or repair of any of the above
items except with original materials and colors without the prior approval
of the Condominium Trust.
(xxi) Each Unit includes all conduits,ducts,pipes,flues,wires,meter area and
other installations or facilities for the furnishing of utility services or waste
removal and all components of any of the foregoing which are situated
within a Unit or which are situated in,on or within the Limited Common
Area set aside for the exclusive use of said Unit.
(xxii) Unit Owners shall be obligated to maintain,repair and replace the Limited
Common Area which serves their Units.
(Xxiii) The Trustees of the Condominium Trust shall be obligated to mwntain,
re repair and lace the Dumping Station,roadways(but not driveways), and
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sidewalks(but not walks leading from sidewalks to Units)and the Land
including all landscaped areas,but not including that portion of the Land
that is designated as each Unit's Limited Common Area.
(xxiv) No change to the exterior of any Unit,including but not limited to any
exterior door,door frame or sash, or exterior window frame or sash,or
screens, screen doors,storm windows or storm doors shall be made except
with original material and colors without the express prior written
permission of the Trustees of the Condominium Trust in each instance.
(xxv) All Units are heated by means of a separate heating,ventilating and air
conditioning system, all portions of which whether located within or
without the Unit,are a part of the Unit which it serves.Each Unit is heated
by means of a separate Unit-controlled propane gas-fired forced hot air
heating system, and an electric air conditioning system with an exterior
compressor. Buried propane tanks are part of the Unit they serve,whether
buried in the Limited Common Area appurtenant to the Unit,or buried in
the common areas and facilities.All of the foregoing items mentioned in
this paragraph are hereinafter referred to as a"Unit HVAC System",
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Bk 10839 Pg 64 # 1803
Master Deed
Hot water for each Unit is supplied by a propane gas fired hot water heater
located in the Unit.
Each Unit Owner shall be responsible for(a)the cost heating and cooling
his Unit, (b)the maintenance,operation,repair, and replacement oF,and
propane gas and el ectri city required to operate(x) the Unit HVAC System,
including all portions of the sanne whether located within or without the
Unit(y)the hot water heater in his Unit,and
all pipes,wires,controls, conduits,and equipment appurtenant to the
Foregoing,whether located within or without the Unit.Each Unit Owner
shall be responsible for arranging for propane gas service to his Unit by
arrangement with a propane gas supplier.
(xxvi') Each Unit Owner shall keep his Unit heated to a temperature of not less
than 50 degrees Fahrenheit to avoid the possibility that pipes will freeze.
(XXvI'I')Each Unit shall have as appurtenant thereto the night and easement to use,
in common with all the Units served thereby,all utility lines and other
common facilities which serge it,but which are located in or pass through
the streets and ways or Land shown on the Plan herein referred to,or in.or
thorough Limited Common Areas appurtenant to other Units.
E (xxviii)Each Unit shall have as appurtenant thereto the right to use the common
areas and facilities, as described in Section(e)hereof,in common with the
other Units in the condominium,except for the Limited Connnon Areas
appurtenant to other Units unless otherwise specified in this Master Deed,
}
I
(xxix) All decks are part of the Unit to which such decks have access.Decks
shall not be enclosed.Decks shall not be used as rooms.Unit owners
whose Units have direct access to a deck shall maintain,repair and replace
the deck in a neat and orderly condition.The responsibility to maintain,
repair and replace all portions(structural and non-structural)of a deck
shall be that of the Unit Owner.The Condominium'trust may permit
cooking on decks only if permitted by the Town of North Andover.
(xxx) All fire suppression sprinkler pipes and heads shall be a portion of the
Unit. Lawn sprinklers serving the lawn adjacent to a Unit shall be part of
the Unit,whether located in the Limited Common Area appurtenant to the
Unit or in the common areas and facilities. The Unit Owner shall be
responsible for water bills and all maintenance,repair and replacement of
fire suppression and lawn sprinklers and associated equipment and
apparatus.
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Master Deed
Parkin .
(i) Unit owners may park automobiles in the garages of their Units and in the
driveway leading to their Unit garages.
(ii) The Trustees shall maintain(including but not limited to the removal of
snow and ice), and repair roadways on the Land other than driveways, and
sidewalks other than walks from sidewalks to Units, as a part of the
Condominium budget.Maintenance,repair and replacement of garages,
driveways and sidewalks(includingice and snow removal) leading to the
Unit shall be the responsibility of the owner of the Unit.
(iii) Driveways may not be used for any purpose except the parking of motor
vehicles. Storage shall not be permitted M' driveways.No commercial
vehicies shall be permitted.Pickup type trucks and so-called SUvs used
primarily for personal transportation rather than transportation of cargo or
commercial use shall be permitted.No vehicles with exterior lettering,
logos or signs shall be permitted. If vehicle is permitted under the
provisions of this Section H(iii),the fact that it bears a commercial license
plate shall not,alone,mean that such vehicle shall be prohibited. Police,
fire and public safety vehicles shall be permitted.Boats,trailers,
unregistered vehicles,or inoperable vehicles shall not be parked in
driveways or elsewhere on the Land,but may be parked in garages.
(e): Description of Common Areas and Facilities and The Proportionate Interest of
f
Each Unit Therein.
The common areas and facilities of the Condominium(the"common areas and �
facilities") consists of the Land as described in paragraph(b)("Description of Land")of
this Master Deed and all parts of the Buildings as described in paragraph(c)
("Description of Buildings")of this Master Reed, other than the Units described on
Exhibit C hereto,subject to the provisions regarding Limited Common Area.
I
Without limiting the foregoing language in this paragraph(e),the common areas and
facilities of the Condominium include.
(i) the Land described in paragraph(b) COescription of Land")of this Master
Deed,subject to the provisions regarding Limited Common Area.
(ii) installations of central services such as power, light,drains,hot and cold
water,vents,heating,air conditioning and heating and air conditioning
lines,but only if and to the extent that such installations serve-more than
one Unit. Such equipment and installations servicing a single Unit
whether located in whole or in part within,or without such Unit, are a part
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Bk 10839 Pg 66 ##21803
E
Master Deed
of the Unit which it services and is not a part of the conunon areas and
facilities.
all conduits, i es, ducts,plumbing,wiring, flues and other facilities for
(iii) pp
the furnishing of utility services or waste removal and vents which are
contained in portions of the Buildings outside of the Units and which serve
the common areas and facilities and/or two or more Units,and all
installations outside the Units for services such as lights,power,
telephone,water, and sanitary sewer drainage and which serve the
common areas and facilities and/or two or more Units.
(iv) Notwithstanding the above provisions,with respect to Buildings that
contain two (2)Units, all portions of the Building other than the Units
described above, and all structural portions of the Building, shall be
Limited Common Area for both Units in the Building. The Owners of both
Units shall be obligated to maintain.,repair and replace such Limited
Common Area at their initiative and at their expense,in proportion to the
undivided interest in the common areas and facilities appurtenant to each
Unit as if both Units were the only Units in the Condominium.
exterior lighting devices and wires and 'poles serving the same,other than
. (v) e gh g
lamp posts on Limited Common Areas.
(vi) the Pumping Station as shown on the Master Plans.
(vii) all other portions of the Subject Property and listed as common areas in
the Act, except for the Units described on Exhibit C hereto, subject to the
provisions regarding Limited Common Areas.
The proportionate nate interest of each Unit of the Condominium in the common areas and
facilities of the Condominium shall be as set forth on Exhibit C which is attached hereto
and is hereby incorporated herein by this reference and made a part hereof.
Master Flans.
A set of the floor plans of the Building showing the layout, location,Unit number and
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dimensions of the Unit, and bearing the verified statement of a Registered Professional
Engineer certifying that the plans fully and accurately depict the layout, location,Unit
number and dimensions of the Unit as built, all pursuant to the Act,have been recorded
simultaneously with the recording of this Master Deed. A site plan showing the footprint
of the Building and the Limited Common Area appurtenant to the Unit has also been
recorded simultaneously with the recording of this Master Deed. Said set of plans,herein
sometimes called the"Master Plans"is hereby incorporated herein by this reference and
made a part hereof,
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Bk 10839 Pg 67 #21803
Master Deed
W Use of Units.
i Units shall be used for residential purposes. Any of the Units may also be
used as an office but only(a)accessory to its residential use,(b)only of
and to the extent such accessory office use is permitted by applicable
zoning lags and by the Special Permit(defined in Section(m)hereof), (c)
no employees shall be permitted except pernmanent residents of the Unit,
(d)the visitation to such office by clients or business invitees shall be
substantially infrequent, and(e)there shall be no advertising of any
activity conducted or to be conducted in the Unit.
(ii) Unit shall be used or maintained in a manner inconsistent with this
Master Deed,or the Declaration-of Trust of the Condominium Trust and
the By Laws of the Condominium Trust and the rules and regulations
from time to time adopted pursuant thereto; and
Notwithstanding the foregoing,until the Declarant or its successors-in-title
or their nominees have sold and conveyed all of the Units,the Declarant or
its successors-in-title or their nominees may use one or more Units for
sales offices,models and other purposes, and may rent,lease or license
Units.
(iv) All rentals, leases,or licenses of Units shall be subject to the provisions of
• e
this Master Deed and of the Declaration of Trust of the Condominium
Trust and the By-Lars and Rules and Regulations thereto and all tenants,
occupants and licensees of Units shall be obligated to observe all of the
provisions of this Master Deed,the Declaration of Trust of the
Condominium Trust and the By-�a'-Laws and Rules and Regulations thereto.
Any lease or rental of a Unit(other than a lease or rental by the Declarant)
shall be subject to the following,
(A) the lease or rental agreement shall be in meting,
(B) the lease or rental agreement shall apply to the entire Unit,and not
a portion thereof,
(C) the term of the lease or rental agreement shall be not less than six
(6)months,
(D) the lease or rental agreement shall expressly provide that the lease
or rental agreement is subject to the condominium documents, and
(E) a copy of the lease or rental agreement shall be provided to the
Condominium Trust.
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Bk 10839 Pg 68 #21803
Master deed
(h): Amendment of Master Deed.
Z. Except as set forth in Sections(h)II,h(III) and(n)hereof,this Master
Deed may be amended by(i)vote of the owners of Units entitled to not
less than sixty-seven(67%)percent of the undivided interests in the
common areas and facilities, and(ii)the assent of not less than fifty-one
(51%)percent(except in cases where a higher percentage is required by
Section 32 of the By-Laws of the Condominium'Trust,in which case such
higher percentage specified in said Section 32 shall be applicable)of the
holders of first mortgages on the Units(based upon one vote for each
mortgage owned)but only if such amendment would materially affect the
rights of any mortgagee, and(iii)vote of a majority of the Trustees.Any
such amendment shall be effective when an instrument in writing, signed
and acknowledged in proper form for recording by a majority of the
"Trustees,who certify under oath in such instrument that the amendment
has been approved by the requisite vote of Unit owners, first mortgagees
and Trustees set forth in the first sentence of this paragraph, is duly
recorded in the Essex North District Registry of Deeds,provided,
however,that:
(A) No such instrument shall be of any force or effect unless and until
the same has been recorded in the Essex North District Registry of
Deeds within six(6)months after the requisite vote of the Unit
Owners and the Trustees,and the requisite assent of first
mortgagees has taken place; and
(B) The percentage of the undivided interest of each unit Owner in the
common areas and facilities as expressed in this Master Deed shall
not be altered without the consent of all Unit Owners whose
percentage of the undivided interest is affected, as expressed in an
amended Master Deed duly recorded; and
(C) No instrument of amendment which alters the dimensions of any
Unit shall be of any force or effect unless the same has been signed
and acknowledged in proper form for recording by the owner or
owners and mortgagee or mortgagees of the Units so altered; and
(D) No instrument of amendment which alters the rights of the
Declarant,or the rights of Unit Owners respecting Exclusive Use
Areas shall be of an y force or effect unless the same has been
signed and acknowledged in proper form for recording by,
respectively, the Declarant, so long as the Declarant owns any Unit
or the Declarant owns any rights or easements set forth in this
Master Deed(including such of same as relates to phasing),, or the
10
Bk 10839 Pg 69 #21803
Master heed
owners of Units entitled to use Exclusive Use Areas with respect to
any proposed amendment dealing with Exclusive Use Areas; and
(E) No instrument of amendment which alters this Master Deed in any
manner contrary to or inconsistent with the provisions of the Act
shall be of any force or effect.
YZ. Notwithstanding anything to the contrary herein, so long as the Declarant
owns any Unit or the Declarant owns any rights or easements set forth in
this Master Deed(including such of same as relates to phasing); or the
Termination Date has not expired,the Declarant shall have the right,at
any time and from time to time,to amend this Master Deed without the
consent of any other Unit owners or any of the'trustees,to meet the
requirements of any governmental or quasigovenunental body or agency,
or the requirements of any insurance company or insurance underwriting
office or organization,or the requirements of Federal National Mortgage
Association,Federal Horne Loan Mortgage Corporation,Massachusetts
Housing Finance Agency,the secondary mortgage market,or any
institutional lendertypographical or to correct or cleric al errors,or to cure
any ambiguity,inconsistency or formal defect or omission,or to change
the size,height,configuration or placement of any Unit.
III. The Condominium is planned to be developed as a phased condorniniuM.
If all phases are ultimately built and added to the Condominium.,there will
be thirty-seven(37)Units.Phase I consists of one(1)Unit
Notwithstanding anything in this Master Deed or in the Declaration of the
Condominium Trust or the By-Laws or the Rules and Regulations to the
Condominium Trust,the Declarant hereby reserves to itself and its
successors and assigns(and any party,including but not limited to a
mortgagee or mortgagees,to whom or which the Declarant shall
speckk cally assign its easements and rights set forth in this Section,
whether absolutely or by way of security)the following easements and
rights:
(A)
(i) The right and easement to add additional Land,Units,Buildings,
parking spaces and other appurtenances,
(ii) The right and easement to add additional conduits,pipes,satellite
dishes,wires,poles and other lines,equipment and installations of
every character for the furnishing of utilities;and
(ifi) The right and easement to add any other improvements and
installations as the Declarant shall determine to be appropriate or
11
Bk 10839 Pg 70 #21803
Master Deed
desirable to the development of the Condominium as a phased
condominium,
(B) In the event that there are unsold Units the Declarant shall have the same
rights as any other Unit owner. In addition to the foregoing,the Declarant
reserves the right and easement for so long as it owns such an unsold Unit
to:
(i) lease,rent and license the use of any unsold Unit, or parking space;
(ii) use any Unit owned by the Declarant as a model for display for
purposes of sale or leasing of Units; and
(iii) use any Unit owned by the Declarant as an office for the
D eclarant's use.
(C) The Declarant and its authorized agents,representatives and employees
shall have the right and easement to erect and maintain on any portion of
the Condominium,including in or upon the Buildings and other structures
and improvements forming part thereof, (excepting a Unit owned by one
other than the Declarant), and the Common Areas and Facilities, such
sales signs and other advertising and promotional notices, displays and
insignia as it shall deem necessary or desirable.
(D) The Declarant and its contractors shall have the right and easement to
enter upon all or any portion of the Common-Areas and Facilities with t
workers,vehicles,machinery and equipment for purposes of constructing,
erecting, installing,operating,maintaining,repairing,modifying, !
rebuilding,replacing,relocating and removing structures and their
appurtenances,utilities of every character,roads, drives,walks and all
such other structures and improvements as the Declarant shall deem
necessary or desirable to complete the development of the Condominium.,
including the development and addition to the Condominium of future
phase(s) as permitted by this Section(h)III and the development of
common use facilities should the Declarant elect to develop same pursuant
to the rights reserved to the Declarant in this Section(h)III. This easement
shall include the right to store at,in or upon the Common Areas and
Facilities temporary structures,vehicles,machinery, equipment, and
materials used or to be used in connection with said development work for
such periods of time as shall be conveniently required for said
development work. This easement shall not be construed to limit or
restrict the scope of any easements granted for the purpose of facilitating
development and expansion of the Condominium under the provis'ions of
any other paragraph of this Master Deed or any other instrument or
document,or under applicable law or regulation,
12
Bk 10839 Pg 71 #21803
Master Deed
(E) The Declarant shall have the unilateral right and easement to construct,
modify, or demolish Units, and other structures and improvements and all
Unit owners,mortgagees and the Trustees of the Condominium Trust shall :
be deemed to have assented thereto.
(F) Ownership of the Buildings together with the Units,parking spaces and all
appurtenances thereto,constructed by or for the Declarant pursuant to the
said reserved rights and easements shall remain vested in the Declarant who
shall have the right to sell and convey the said Units(and parking spaces)
without accounting to any party(other than the Declarant's mortgagees)
F
with respect to the proceeds of such sales.
(G) The following sub-paragraphs are set forth to further describe the scope of
the D ec larant's reserved rights and easements under this Section(h)rr1;
(i) Time Limit After which the Declarant Ma No Longer Add New Phases,
The Declarant's reserved rights to amend this Master Deed to add all or
any portion or portions of feature Phases to the Condominium and/or to add
new Units to the Condominium as part of future phases shall expire
twenty-one(21)years after the date of the recording of this Master Deed
(the"Termination Bate'), provided that said reserved rights shall sooner
expire upon the first to occur of the following events:
(1) The total Units then included in the Condominium
by virtue of this Master Deed and subsequent
amendments hereto pursuant to this Section reach
the maximum,permitted by law; or
(2) The Declarant shall record with the Essen Forth
District Registry of Deeds an unambiguous
statement specifically limiting or relinquishing its
reserved rights to amend this Master Deed to add
additional Phases and Units to the Condominium.
(ii) Location of Future hnprovernents. The Units to be added to the
Condominium will be located on the Condominium sand(not necessarily
in the locations depicted on any Site Plan other than the final Site Plan
recorded by the Declarant), 'including but not limited to any land added to
the Condominium hereafter.
(iii) Size of Phases, There are no minimum or maximum size limitations on
the future phase(s)to be added to the Condominium. A phase may consist
of any number of Buildings,Units, and parking spaces and other
appurtenances,The Declarant shall have the right to construct Buildings
and Units and Phases and Sub-phases and add same to the Condominium
13
i
10839 Pg 72 #21803
Master Deed
in any order, and the Declarant shall not be obligated to construct
Buildings or Units or Phases or Sub--Phases in numerical order,but may
construct Buildings,Units,Phases or Sub-phases and add Buildings,Units
and Phases or Sub-phases to the Condominium in any order which the
Declarant may desire. The Declarant shall have the right and easement to
add sub-phases. A sub-phase shall be a portion of a phase. For example,
the Declarant may decide to add land to the Condominium,construct and
add to the Condominium by unilateral amendment to this Master Deed,
Phases and Sub-Phases containing less than the number of Units originally
contemplated.
(iv) Units Which 1.11Ia. be Added-by Future Phases. The Declarant may
unilaterally amend this Master Deed to add additional land and new Units
to the Condominium as part of future phases.
v T es of Units which 1lIIa be Constructed and Added to the
Condominium as Part of Future Phases. The Declarant reserves the right
to change the size,height,configuration,type of construction,
architectural design and principal construction materials of future Phases
and the Units which are to be added to the Condominium as part of future
phases. Also,the Declarant shall have the right to vary the boundaries of
future Unit(s)from those described in Section(d)hereof.
Zvi) Ri&t to Deli ate Common Areas and Facilities as urtenant to Future
Units. The Declarant reserves the right and easement to designate certain
portions of the common areas and facilities for the exclusive use of the
Units to be added to the Condominium as part of future phase(s).
(vii) The Declarant may add future phase(s)to the Condominium by
unilaterally executing and recording with the Essex Forth District
Registry of Deeds amendment(s)to this Master Deed which shall contain
the following information;
(1) An amended Exhibit B describing the Building(s)
being added to the Condominium,,
(2) If the boundaries of the Unit(s)being added to the
Condominium vary from those described in said
Section(d), said amended Exhibit B shall des crib e
any variations in the boundaries of such Units from
those boundaries set forth in Section(d)of this
Master Deed, and the definition of the common
areas and facilities contained in Section(e)hereof
shall be modified,as necessary,with respect to such
Unit(s).
14
Bk 10839 Pg 73 #21803
Master Deed
(3) An amended Exhibit C describing the designations,
locations, approximate areas,numbers of rooms,
immediately accessible common areas and facilities
and other descriptive specifications of the Unit(s)
being added to the Condominium, and setting forth
the new percentage ownership interests for all Units
in the common areas and facilities of the
c ondornix"um based upon the addition of the new
Unit(s)+ Such percentage ownership shall be
calculated in accordance with the Act.
(4) Floor p lan(s)for the new Units being added to the
condominiunn,which floor plan(s) shall comply
with the requirements of the Act.
(viii) It is expressly understood and agreed that all Unit Owners,and all
persons claiming,by through or under Unit owners including the
holders of any mortgages or other encumbrances with respect to
any Unit,all mortgagees, and the Trustees of the Condominium
Trust shall be deemed to have consented to all amendments adding
new phases to the Condominium and all other amendments made
pursuant to this Section(h)HI and the only signature which shall
be required on any such amendment is that of the Declarant or its
successors or assigns, Any such amendment,when so executed by
the Declarant or its successors or assigns and recorded with the
Essex North District Registry of Deeds, shall be conclusive
evidence of all facts recited therein and of compliance with all
prerequisites to the validity of such amendment in favor of all
persons who rely thereon without actual knowledge that such facts
are not true or that such amendment is not valid. Each Unit owner
understands and agrees that as additional phase(s)are added to the
Condominium by amendment to this Master Deed pursuant to the
Declarant's reserved rights hereunder,the percentage ownership
interest of his Unit in the Co rnon Areas and Facilities,together
with his Unit's concomitant interest in the Condominium Trust and
liability for sharing in.the common expenses of the Condominium,
shall be reduced, and the value of his Unit will represent a
comparable proportion of the estimated aggregate fair value of all
Units then in the Condominium. Each Unit owner consents to the
change in the percentage of undivided ownership in the common
areas and facilities and his Unit's concomitant interest in the
Condominium Trust and liability for sharing in the common
expenses of the Condominium,as set forth above. In order to
compute each Unit's said percentage ownership interest after the
15
Bk 10839 Pg 74 #21803
Master Deed
addition of a new phase,the fair value of the Unit measured as of
the date of the Master Deed amendment shall be divided by the
aggregate fair value of all Units(including the new Units being
added to the Condominium),also measured as of the date of the
Master Deed amendment. These new percentage interests shall
then be set forth in the aforesaid amended Exhibit C which is to
accompany each amendment to this faster Deed which adds a
new phase or sub-phase to the Condominium, and such new
percentage interests shall be effective upon the recording of each
such amendment to this Master Deed which adds a new phase or
sub-phase to the Condominium., In any event,the new percentage
interests shall be set in accordance with the provisions of the Act.
(ix) Every Unit owner by the acceptance of his deed to his Unit hereby
consents for himself,his heirs,administrators,executors,
successors and assigns and all other persons claiming by,through
or under him(including the holder of any mortgage or other
encumbrance)or any other party whatsoever,to the Declarants s
reserved easements and rights under this Section(h)III and
expressly agrees to the said alteration of his Unit's appurtenant
percentage ownership interest in the conurion Areas and Facilities
of the Condominium when new phase(s)are added to the
Condominium by amendment to this Master Deed pursuant to this
Section(h)III,
(x) In the event that notwithstanding the provisions of this Section
(h)III to the contrary,it shall ever be determined that the signature
of any Unit owner,other than the Declarant,or its successors and
assigns,is required on any amendment to this Master Deed which
adds a Building,Unit(s),andlor new phase(s)to the Condominiwn,
then the Declarant,its successors and assigns shall be empowered,
as attorney-in-fact for the owner of each Unit in the Condominium,
to execute and-deliver any such amendment, as by and on behalf
of and in the name of each such Unit owner and each Unit owner,
(whether his deed be from the Declarant as grantor or from any
other party)and each Unit owner hereby constitutes and appoints
the Declarant as his attorney-in-fact for such purpose.This power
of attorney is coupled with an interest, and hence shall be
irrevocable and shall be binding upon each and every present and
future owner of a Unit in the Condominium, and all other persons
claiming by,through or under him(including the holder of any
mortgage or other encumbrance)or any other party whatsoever.
(xi) The Declarant hereby reserves the right to amend,restate,reaffirm
this Master Deed,or otherwise take whatever steps which may be
16
I
B] 10839 Pg 75 #21803
Master Deed
sp
required to complete the Condominium and construction of the
Buildings,improvements and Units and the phasing of any of the
: same into the Condominium notwithstanding that any of the same
may be required to be done beyond any time or p erio d as ,may be
otherwise provided herein so long as any such act or omission shall
not be in violation of any rule of law,then in effect.
(XII) All Units shall be substantially completed prior to being added to
the Condominium by amendment of this Master Deed. All future
phases will be consistent with the initial improvements in terms of
quality of construction.
(xiii) The Declarant for itself and its successors and assigns,hereby
expressly reserves the right and easement to construct, erect and
install on the Land in such locations as he shall determine to be
appropriate or desirable, one or more facilities to serve the
.
Condominium,together with all such utility conduits,pipes,wires,
poles and other lines,equipment and installations as shall be
associated therewith. The Declarant may turn such facilities,over
to the Condominium.Trust for management, operation and
maintenance and the Condominium Trustees shall accept
responsibility for such management,operation and maintenance.
Nothing contained in this Section(h)IH,however, shall in any way
obligate the Declarant to construct,erect or install any such
common use facility as part of the Condominium development.
(ix) Until the Declarant or its successors-in-title or their nominees have
sold and conveyed all of the Units in all phases the Declarant and
its successors-in-title and their nominees may use one or more
Units and one or more parking spaces for sales offices,marketing
functions and models.
Notwithstanding anything to the contrary herein,the Declarant shall not be compelled to
�add any land,Fhase(s),Buildings,Units,parking spaces or any other structure or facility
whatsoever beyond Phase I.
i Condominium Unit owners'Association.
The name of the Condonminium Trust which has been formed and through which the Unit
Owners will manage and regulate the Condominium hereby established 'is the Cold Salem
Village of North Andover Condominium Trust under Declaration of Trust of even date to
be recorded herewith. The initial address o f the Trust i s 1538 Turnpike Street,North
Andover,Massachusetts 01845. Subsequent to the expiration of the tenri of the Initial
Board,the address of the Trust will be Turnpike Street,North Andover,Massachusetts
01845. Said Declaration of Trust establishes that all Unit Owners in the Condominium
17
Bk 10839 Pg 76 #21803
Master Deed
shall be beneficiaries of said Condominium Trust and that the beneficial interest of each
Unit Owner in said Condominium Trust shall be the same percentage interest as his
percentage of undivided interest in the common areas and facilities as established by this
Master Deed.
The names and address of the initial Trustee of said Condominium Trust and its tern of
office are as follows:
Keyes-Lime,Inc.,a Massachusetts corporation,and Old Salem village,L.LC, a
Massachusetts limited liability company,both of 1538 Turnpike Street,North over,
Massachusetts 01845.
Terra:As set forth in Section 3 of the Declaration of Trust of Old Salem village of North
Andover Condominium Trust.
The Trustees have enacted By-Laws pursuant to the Act,which are set forth in the
Declaration of Trust of said Trust which is recorded herewith.
Name of Condominium*
The Condorniniunn hereby established shall be known as"old Salem Village of North
Andover Condominium".
Encroachments.
If any portion of the common areas and facilities now encroaches upon any Unit,or if
any Unit now encroaches upon any other Unit or upon any portion of the common areas
and facilities,or if any such encroachment or encroachments shall occur at any time or
from time to time hereafter as the result of: (1)settling of the Buildings,or(2)
condemnation or eminent domain proceedings,or(3)alteration or repair of the common
areas and facilities or any part thereof done pursuant to the provisions of this Master
Reed as the same may be from time to time amended,or the provisions of the Declaration
of Trust and the By-Laws and Rules and Regulations thereto, as the same may be from
time to time amended or r air or restoration of the Buildings or any Unit therein
� ep
after damage by fire or other casualty,then and in any of the foregoing events, a valid
easement shall exist for such encroachment and for the maintenance of same for so long
as the Buildings stand.
l) Pipes,Wires,Flues,Ducts,Conduits,Plumbing Lines and other Common Facilities
Locate Inside of Units,
Each Unit Owner shall have an easement in common with the owners of the other Units
to use all pipes,wires, flues,ducts,conduits,plumbing lines and other portions of the
common areas and facilities located in the other Units and searing his Unit. Each Unit
shall be subs ect to an a as ement in favor of the owners of the other Units to use all pipes,
wires,flues,ducts, conduits,plumbing lines and other portions of the conunon areas and
18
I
Bk 10839 Pg 77 #21803
i
Master Deed
facilities serving such other Units and located in a Unit. Subject to the provisions of
Section 22 of the Condominium Trust,the Trustees shall have a right of access to each
Unit and garages and Exclusive Use Area,to inspect the same,to remove violations there
from and to maintain,repair or replace any portions of the common areas and facilities
contained therein or elsewhere in the Buildings.Nothing in this Section shall be deemed
to grant to any Unit Owner the right of access to any Unit other than his own.
gym) Special Permit.
Reference is hereby made to a Special Permit issued by the Town of North.Andover
Planning Board on September 29,2005,and recorded in the Essex North District
Re *stry of Deeds in Book 10118 at Page 272(the"Special Permit"). Pursuant to the
provisions of the Special Permit:
(i) The private ways Mayflower Drive(formerly Old Salem village Drive)
and Hepatica Drive,the hydrants,drainage infrastructure,on-site water
and sewer infrastructure, lighting and pump station will be a portion of the
common areas and facilities and will be maintained in p erp etuity by the
Condominium Trust.
(ii) The Town.of North Andover will not be responsible for providing snow
plowing, snow removal,trash removal and road maintenance.
(iii) The Declarant shall construct the Pumping Station. The Condominium
Trust shall be obligated to operate,maintain,repair, and replace the
Pumping Station.
(n)': Creation of Contiguous Units; Division of units; Certain Changess,
Z, Cglilguous Units.
In the event that at any time or from time to time two(2)or more contiguously
located Units are in common ownership and if the owner of such Units
(hereinafter called the"Contiguous Owner")desires to cut an opening,or
openings between such Units in order to physically connect such Units ion a so-
called contiguous or duplex arrangement,the following procedure shall apply:
(A.) The Contiguous Owner shall send written notice to the Trustees of
his intention to so physically connect such Units and such notice
shall be accompanied by(i)detailed plans and specifications
showing the proposed work(the"Plans")drawn by an architect
registered in Massachusetts,and(ii)a written statement by such
registered architect that such work will not impair the structural
integrity of the Buildings,and(iii) a written agreement under
which the Contiguous Owner obligates himself to the other Unit
19
B�. 10839 Pg 70 # 1803
Master Deed
Owners and to the Trustees to proceed expeditiously with such
work according to such plan,in a first
�class workmanlike manner,
utilizing new materials,and that all such work shall be done under
the supervision of such architect, and that such work shall not in
any manner impair the structural integrity of the Buildings or
adversely affect pipes,wires,risers or utilities which are part of the
common areas and facilities and that all bills for labor and
materials will be promptly paid by the Contiguous Owner, and that
the Contiguous Owner will indemnify the other Unit Owners and
the Trustees against any liens for labor or materials in connection
with such work, and that the Contiguous Owner shall pay for all
costs of said work,the fee of such registered architect, and the
reasonable fees of any architect which the Trustees may engage to
advise them as to any aspect of such work(provided that the
Trustees may,but shall not be obligated to engage an architect to
' = so advise therm, and any other reasonable expenses of the
Condominium Trust ansing from the Contiguous Owner's
activities under the provisions of this Section(n . The Contiguous
Owner shall secure all necessary permits prior to the
commencement of the work. The Contiguous Owner and any
contractor engaged by the Contiguous Owner shall secure liability
insurance in an amount not less than one million($1,000,000.00)
dollars,or such higher amount as may reasonably be required by
the Trustees, such insurance naming the Condominium Trust as
additional insured,and deliver to the Trustees evidence of such
insurance coverage and proof of payment of the premium therefore
prior to the commencement of the work. The work shall be
performed in such manner as to minimize disturbances to other
Unit owners and occupants.
(B) No such work shall commence unless and until the Trustees shall
have assented thereto in writing. S aid Trustees may withhold their
consent for the reason that such work would impair the structural
integrity of the Buildings,or adversely affect pipes,wires,risers or
utilities which are part of the common areas and facilities,but for
no other reason. Following such consent,the Contiguous Owner
shall expeditiously proceed with the work in accordance with such
written agreement and Plans and with this Section(n)of this
: Master Reed.
(C) .At the completion of the work, the Contiguous Owner shall notify
the Trustees,in writing,that the work has been completed in all
respects and that all bills for labor and materials in connection
therewith have been paid in full,and such notice shall be
20
'D� 10839 Pg 79 #21003
Master Deed
accompanied by a written verification of such architect that the
work has been completed in all respects and in accordance with the
Plans, and that the performance of such work has not impaired the
structural integrity of the Buildings or adversely affected pipes,
wires,risers or utilities which are part of the common areas and
facilities. During such time as the Units are physically connected,
the Contiguous Owner and his successors in title to such Units
shall have an easement for himself and those lawfully occupying
such Units, to pass and repass through the common areas and
facilities which separated such Units from each other prior to the
work which is the subject of this Section of this Master Deed. In
the event that at any time or from time to time,two(2)or more
Units in common ownership have been combined into a contiguous
arrangement as hereinabove set forth,the then Contiguous Owner
shall have the right at any time thereafter to replace the opening or
openings between such Units which physically connected such
Units in such contiguous arrangement by following the procedure
set forth hereinabove in this Section(n)of this Master Deed,and in
such event or events the reference to the"work"hereinabove shall
be deemed to mean the work of replacing such opening or
openings,and restoring such opening or openings to their condition
immediately prior to the physical connection of such Units in such
contiguous arrangement, so that such Units are no longer
physically connected. Thereafter,the Units that were formerly
physically connected may again be sold,conveyed,mortgaged or
otherwise transferred or alienated as separate Units. Each present
and future Unit Owner,by accepting delivery of his Unit Deed,
shall be deemed to have expressly assented to the provisions of this
Section(n)of this Master Deed. If a Unit Owner physically
connects (or disconnects)Units which he owns in a contiguous
arrangement as set forth above, the Trustees shall unilaterally
amend this Master Deed,but only to reflect the creation(or
reversal)of such contiguous arrangement. Such amendment shall
be accompanied by a plan prepared and certified in accordance
with the.Act. The cost of all such amendments,including the
preparation of plans, shall be borne solely by the Unit Owner who
connected(or disconnected)his Units,
It. Changes in Unit Conf rations.
In order to meet the requirements of prospective condominium Unit buyers,and
for additional marketing and other considerations,the Declarant hereby reserves
for itself,and its successors and assigns,the easement,right and power,without
the consent of any Unit Owner or any mortgagee, or any of the Trustees,to
21
Bk 10839 Pg 80 #21803
Master heed
unilaterally amend this Master Deed at any time and from time to time to change
the number, size,location,materials and configuration of Units at any time and
from time to time,provided that contemporaneously with the recording of said
amendment a plan conforming with the requirements of the Act shall be prepared
and recorded at the Declarant's expense showing such changes. The Declarant
shall have the easement,right and power to combine Units in a so-called
Contiguous arrangement, to combine Units with adjacent common areas and
facilities for the purpose of creating a larger Unit, and to sub dMde and separate
Units,without complying With the provisions of subsection.I hereof. The
Declarant will make no unilateral change in a Unit after it has been conveyed to a
third party,
1H, Consent.
Each Unit Owner,by acceptance of the delivery of the deed to his Unit,shall
thereby have consented to the provisions of this Section(n)including without
{ limitation the right of the Declarant,its successors and assigns to unilaterally
amend this Master Deed pursuant to this Section(n)without the requirement or
necessity of securing any further consent or the execution of any further
documents by such Unit Owner. For the purposes of this Section(n),each Unit
Owner,by acceptance of a deed to a Unit in the Condominium,constitutes and
� a
appoints the Declarant,its successors and assigns, attorney-In-fact for each such
Unit Owner,which power of attorney is coupled with an interest and is
irrevocable, and shall run with the land and be binding upon.such Unit Owner's
heirs and assigns to make such amendrnent(s). Furthermore, each Unit Owner
shall cooperate with the Declarant,its successors and assigns, if requested, in
connection with Declarant's efforts to obtain any zoning relief from the Town of
North Andover which the Declarant may seek to effectuate the purpose of this
Section(n),and not in any way to object to or to impede the efforts of the
Declarant,its successors and assigns, and the Declarant's agents and other
designees,to obtain such zoning relief,to perform construction,and to amend this
Master Deed at any time and from time to time as set forth in this Section(n).
IV. Non Load-Bearing Partitions.
Any Unit Owner shall have the right to move,demolish, or alter an interior non
load-bearing partition in his Unit,provided that such Unit Owner follows the
same procedure as set forth in subsection I,(A), (B)and(C)of this Section(n).
No Unit Owner shall move,alter or affect any structural or load bearing wall or
member,
22
Bk 10839 Pg 81 #21803
Master bleed
: All Units Subject to piaster heed,Unit Deed, and By-Laws and Mules and
(0).
Regulations of the Condominiums Trust.
All present and future owners,visitors, servants and occupants of Units shall be subject
to, and shall comply with,the provisions of this Master Deed as the same may be from
time to time amended,the Unit deed,the Declaration of Trust of the Condominium Trust
and the By-Laws, and the Rules and Regulations of the Condominium Trust as the same
may be from time to time amended and the rights, easements, agreements and restrictions
of record and all matters set forth on rxhibit A hereto insofar as the same now are,or are
m the future,in force and applicable. The acceptance of a deed or conveyance or the
entering into occupancy of any Unit shall constitute an agreement that the provisions of
this Master Deed as the same may be front time to time amended, and the said rights,
easements, agreements and restrictions, and all matters set forth on Exhibit A hereto, and
the Unit deed,and the Declaration of Trust of the Condominium Trust and the By-Laws
and Rules and Regulations thereto, as the same may be from time to time amended, are
accepted and ratified by such owner,visitor,servant or occupant,and all of such
provisions shall be deemed and taken to be covenants wing with the lard and shall
bind any person having at any time any interest or estate in such Unit as though such
provisions were recited or stipulated at length in each and every deed or conveyance or
p
{
lease or occupancy agreement hereof. Nothing in this Section shall be deemed to change
or modify the provisions of Sections(h)II or(h)III hereof.
(p) Federal Nome Loan Mortgage Corporation; Federal rational Mortgage
Association.
Reference is hereby made to Section.32 of the By-Lags of the Condominium Trust that's
hereby incorporated herein by this reference and made a part hereof,
(q): Assignability.
All rights, easements and powers reserved to the Declarant and its successors and assigns
in this Master Deed and in the Declaration of Trust of the Condominium Trust, and the
B -Lays and Rules and Regulations thereto,including,but not limited to the easements,
y
rights and pourers reserved in Sections(d)I,(h)II,(h.)III and(n)may be conveyed and
assigned by the Declarant and its successors and assigns, absolutely or as security, as
appurtenant rights and powers,or to be held in gross,provided that any such assignee of
the Declarant assumes and agrees to be bound by all of the obligations of the Declarant
set forth in this Master Deed and in the Declaration of Trust of the Condominium Trust,
and the By-Laws and Mules and Regulations thereto,provided,however,that if such
assignee is an institutional mortgagee such mortgagee shall only be bound by such
obligations of the Declarant to the extent that such mortgagee expressly assumes such in
writing at the time of such assignment or to the extent that such obligations are
appurtenant to any Units as towhich such mortgagee is the Declarant's successor-in-
interest. A purchaser of one or more Unitswhich constitute less than all of the Units or
then owned by the Declarant shall not be deemed the"successor or assign'of the
23
I3k 10839 Pg 82 #21803
Master Deed
Declarant for purposes of this Section(q)except as to the specific Unit(s)conveyed to
such grantee,unless the instrument of conveyance or as si g muent(which.may be a portion
of a deed) specifically refers to this Section(q)and unambiguously states that the grantee
shall be deemed the successor and assign of the Declarant and such instrument is
recorded in the Essex No District Registry of Reeds.
fir) Invalidity,
The invalidity of any provision of this Master Deed shall not be deemed to impair or
affect in any manner the validity,enforceability or effect of the remainder of this Master
Deed, and,in such event, all of the provisions of this Master Deed shall continue in full
force and effect as if such invalid provision had never been included herein,
(s): waiver.
No provision contained in this Master Deed shall be deemed to have been abrogated or
waived by reason of any failure to enforce the same, irrespective of the number of
violations or breaches that may occur.
(t) captions.
The ca bons herein are inserted only as a matter of convenience and for reference,and in
p
no way define, limit or describe the scope of this Master Deed or the intent of any
provisions hereof,
(u),. Conflicts.
This Faster Deed is set forth to comply with the requirements of the Act. In case any of
the provisions stated above conflict with the provisions of the Act,the provisions of the
,Act shall control.
(v): Non-Recourse,
Notwithstandinganything to the contrary contained in this Master Deed,any liability or
� g �
claims against the Declarant hereof shall be strictly limited to the Declarant's interest in
the Subject Property,and in no event shall any recovery or judgment be sought against
any of the Declarant's other assets(if any)or against any of the Declarant's members,,
managers, or any director,officer, employee or shareholder of any of the foregoing.
Further, in no event shall any claimant be entitled to seek or obtain any other damages of
any kind,including,without limitation,consequential,indirect or punitive damages.
24
B� 10839 Pg 83 #21803
f
Master Deed
EXECUTED as an` strument under seal at North Andover,Essex County,
Massachusetts this ay of July 2007.
Key-Lime, Inc
By:
IVhn J. tke.,President
vo
By.
Be amin C. OsgoKd, Sr.,Treasurer
COMMONWEALTH OF MASSACHUSETTS
Essex, ss.
On this day of July,2007,before me,the undersigned notary public,personally appeared
John J. Burke,President of Key-Lime,Inc.,who proved to me through satisfactory evidence of
identification,which was a Massachusetts driver's license,to be the person whose name is
signed on the preceding or attached document,and acknowledged to me that he signed it
voluntarily for its stated purpose.
Z7
Notary Public
My onunission Bxpi -—----
JOHN J.BURKB
Notary public
Commonwealth of!Massachusetts
lMS commission Expire
COMMONWEALTH OF MASSACHUSETTS e tomber26, 0 :5
-------
Essex, ss,
(fin:this day of July, 2007,before me,the undersigned notary public,personally appeared
Benjamin C. Osgood, Sr.,Treasurer of Key-Lime, Inc.,who proved to me through satisfactory
evidence of identification,which was a Massachusetts driver's license,to be the person whose
naite is signed on the preceding or attached document, and acknowledged to me that he signed it
voluntarily for its stated purpose.
Notary Public
4commission Bxpirjj(;§fflM(3nWG7Wt
•
. Nublic
4assachuset#eoon Expires25
Ss M2B,��DS
B]c. 10839 Pg 84 #21803
Exhibit A to Master Deed:
Description of Land
OLD SALEM VILLAGE OF NORTH ANDOVER CONDOMINIUM
TURNPIKE STREET
NORTH TH ANDOVER,MASSACHUSETTS
EXHIBIT A
Inco orated b reference into and made a art of the Master]deed of Old Salem Village
� y �
of North Andover Condominium,Turnpike Street,Forth Andover,Essex County,
Massachusetts,
DESCRIPTION OF LAND
Pda cel 1
That certain parcel of land with the buildings thereon, if any, situated on the Northeasterly
side of route 114,Turnpike Street,Forth Andover, and bounded and described as follows;
Beginning at a point on the Northwesterly corner of said parcel at a stone wall and said
Turnpike Street and running by the stonewall and land now or formerly of Lewis in a
Northeasterly direction,two hundred and twenty(220)feet,more or less,to a turn in the
wall;
thence turning and running in an Easterly direction,six hundred and fifty-three(653)feet,
more or less, as the wall runs by land now or formerly of Farnham to a turn in the wall;
thence turning and running in a Southeasterly direction,two hundred and ninety--nine(299)
feet,more or less,in Varying courses as the wall runs by land now or formerly of Israel
Carlton to a turn in the walh
thence turnip and rennin in a Southerly direction,three hundred and twenty feet,
� � y �
more or less,as the gall runs by land now or formerly of Rae to a cedar tree at the wall;
thence turning and ruing m a westerly direction,two hundred and thirty-five(235) feet,
more or less,by other land of the.grantor to an iron pipes
thence turning and running in a Southerly direction two hundred and two(202)feet,more or
less,by other land of the grantor to a stake at said Turnpike Street;
thence turning and running in a Northwesterly direction by said Turnpike Street, eight
hundred and fifteen(815) feet,more or less,to a wall at the point begun at.
26
i
Bk 10839 Pg 85 #21803
Exhibit A to Master Deed.:
Description of Land
Said parcel containing eight 8) acres more or less and designated as Lot 2 in a plan.entitled,
"Preliniin Plan of Land as surveyed for Harold A. Whipple,No. Andover,Mass.,kale
ill 40', Sept. 1967,"F■C. Gellinos,Civil Engineer,No. Andover.Mass.
This conveyance is made subject to the following matters
1. Rights, s streams easements or claims of easements,not shown by
� �way
public records,riparian and/or littoral rights and title to any filled-in lands.
2. Title to and rights of the public and others entitled thereto in and to so
much of said property lying within the bounds of adjacent streets and
ways.
he benefit of headwall and drainage as granted to The
3. Subject to and with t � ,
Commonwealth of Massachusetts,through its Department of Public
Works,by grant dated December 11,1946, and recorded with the Essex
County,North District,Registry of Deeds(the"Registry")in Book 703,
Page 87.
4. Subject to and with the benefit of the Taking of State Highway,known as
Salem Turnpike, dated July 30, 1946,and recorded with the Registry in
Book 689,Page 281.
5. Subject to and with the benefit of the grant of Parcel No. 34 of the taking of
the new State Highway,known as Salem Turnpike,by Deed dated March 19,
1947, and recorded with the Registry in Book 695,Page 500.
For title referencepp see deed of Harold A. Whipple as Trustee of the Harold A.Whipple
R6vocable Trust and Beverly J.Whipple as Trustee of the Beverly J. Whipple Revocable
Trust,recorded April 7,2006 in Essex County North Registry of Deeds Book 10118 Page
253■
Paicel 2
The land,with any buildings thereon, situated in North Andover,Esser bounty,
Massachusetts,being a portion of a certain parcel of land situated in North Andover,on the
easterly side of Turnpike Street, so called,Route 114 and containing approximately 10►00 acres,
•
more or less, and shown on a plan of land entitled"Charlotte P.Rea,North Andover,Mass.
dated May 1975, Charles C.Martin Associates,Engineers,and which plan is recorded in the
Forth Essex Registry of Deeds as Plan No. 9494. Said premises are substantially bounded and
described as follows:
WESTERLY by Turnpike Street in two courses totaling 1247.1 feetip
,
27
Bk 10839 Pg 86 #21803
Exhibit A to Master Deed.
Description of Land
NORTHEASTERLY,EASTERLY,
and NORTHEASTERLY in several courses totaling 1712.00 feet; and
NORTHWESTERLY by land of Harold A. and Beverly S.Whipple and Margaret
Ring by stone walls in four courses totaling 538,90 feet;
Excepting from the above parcel of land the following parcels which were previously
transferred:
a) Deed to Thomas P. Sciuto and Pearl E. Sciuto dated September 24, 1984 and
recorded in the North Essex Registry of Reeds at Book 1870,page 192 as Lot 1 on a Plan of
Land Number 9518;
b) Deed to said Grantees dated December 28, 1984 and recorded in said.Registry at
Book 1910,Page 293 at Lot 2-B, shown on Plan Number 9712; and
c) Deed to Charles Grieco,Eric Peterson and Dana Clay dated November 4, 1992 at
Bonk 3380,Page 13 being Lot 2-A as shown on said Plan 9712.
For title reference, see deed of Lois A.Mcsweeney Trustee of the L.A.M, Realty Trust
under declaration of trust dated December 5,2003 recorded in the Essex North District Registry
of Deeds in Book 8535 at Page 169,which deed,dated April 7,2006, is recorded in the Essex
North District Registry of Deeds in Book 10118 at Page 258.
Said Premises are subject to zoning laws of the Town of North Andover,and are subject
to and with the benefit of rights,restrictions, easements, and agreements of record, if any,so far
as are now in force and applicable, .
The above described Premises are also subject to easements for utility and telephone
services granted to any public utility or telephone company by the Declarant, whether granted
heretofore or hereafter, to the extent that the same are now or hereafter in force and applicable.
The Trustees shall have the right to grant permits, licenses and easements over the common areas
and facilities for utilities and other purposes reasonably necessary or useful for the proper
maintenance or operation of the condominium project.
28
10839 Pg 87 #21803
Exhibit B to Master Deed:
Description of Buildings
OLD SALEM''VILLAGE of NORTH ANDOVER CONDOMINIUM
TURNPIKE STREET
NORTH ANDOVER,MASSACHUSET I'S
EXHIBIT B
Incorporated by reference into and made a part of the Master Deed of Old Salem Village
of North Andover Condominium,Turnpike Street,Forth Andover,Essex County,
Massachusetts.
DESCRIPTION OF BUILDING
PHASE I: Phase I consists of one 1 building the"Building")on the Land,which
constitutes Unit 19.The Building contains two(2) stories,plus a basement. The Building
is wood frame with wood 'joists,vinyl siding and Azek trim. The interior galls are skim
coat plaster. The roof is asphalt shingle. The Unit contains a two(2)oar garage.
The basement level is unfinished. The first floor contains a kitchen,dining room, living
room, family room,bathroom, and two car garage. i
t
The second floor contains three bedrooms and three bathrooms,
29
Bk. 18839 Pg 88 #21803
Exhibit C to Master Deed:
Description of Units
OLD SALEM VILLAGE OF NORTH AND OVER CONDOMINIUM
TURN PY KE STREET
NORTH ANDOVER,MASSACHUSETTS
EXHIBIT C
f rence into and made a art of the Master Deed of Old Salem Village
Incorporated by re e
t
of North Andover Condominium, Turnpike Street,North Andover,Essex bounty,
Massachusetts.
f ,
t
DESCRIPTION OF UNITS
f
k
The description of each Unit, and statement of its location, approximate area,number an
. p
designation of rooms and innnediate common area to which it has access, and.its p�roport ovate
P. , in the common areas and facilities of the Condominium,are as set forth in this Exhibit C:
Key: B S =Basement G=Garage,K=Kitchen,DR Dining Room,LR=Living Roam,BR
Bedroom, B=full Bathroom, %B+Half Bathroom,F=Family Room
f '
3
5
5
5
5 `
30
Exhibit C to Faster Deed:
DescApt on of Units
. . :.. .UNIT... .. ..... STATE3ENT.0Y. __A TROX(NIATE.. ER.AND DVAEDIATE PROPORTIONATE
DESIGNATION UNIT LOCATION AREA OF UNIT IN DESIGNATION COMMON AREA 11"41E1tEST OF UNIT
SQUARE FELT OF ROOMS TO WMCH UNIT IN CGIV M N
HAS ACCESS AREAS AND
FACILITIES
Unit 19 Shown on Site flan. 4,190 11 ,DR,LIZ,F, The Land 100%
Basement,First and 3BPtj 4B,Basement
Second Floors and Garage
NOTE: Room count do not include garages or basements.
bd
h�
0
0o
0o
t�
31
N
co
0
w
F
E.1� 3ra' �9'0
OLD SALEM VILLAGE OF NORTH ANDOVER
CONDOMINIUM
OLD SALEM VILLAGE OF NORTH ANDOVER
CONDOMINIUM TRUST
DECLARATION OF TRUST
Robert J. Galvin,Esquire
Davis,Ma1m&D'Agostine,P.C.
One Boston Place
Boston,MA 02108
(617)367-2500
Bk 10839 Pg 91 #21804
TABLE OF CONTENTS
Pue
I. DAME OF TRUS Tt.►afar f.rta sop►*/rr/tap•ri•met ra.*..Room.pip..a..►■*t..s..tfa.t►.ra.aaf..►rarra.as►,...aotot■a*4 No■...■.re 2
2. PURPOSES. faee.a.. r.■..*+fro■a.rar*raatl..!*ro**/t**st► tsr■•■■••••+*••••.■r*.sr.,..rraa,.s*+,2
3■ JA.RUSTEES•.r 4■■rt►toarr.+a4f...a+a.f.f►ait too a...i►.r+.r##aglr1.lopsrl.■...Nam as...■.i■.aa.aar.f.i..i..s is r►.!a!►.601..ra.r.►r►.►s.f�■►
40 BENEFICIARIES AND THEIR BENEFICIAL INTEREST.aa.*,..+..,r+.r....a.,+►....aa..,..a.,..,.,.2
So BY"LA Y Y S. ■..serf«tips■a....r.►►s+►i*Ito+rrris.►►rr►.rwrs►■■■+■.■Oa Room..ss;asr.►off r Off moo ta.ai.aai.►+►alr.srrrlr.r*►arrr►i..rrrr.af�
6/ = RIGHTS AND OBLIGATIONS OF THIRD PARTIES DEALING WITH THE TRU'ST,2
7 AMENDMENTS;TERMINATION., #f me a a got 90.140%gefdoffeS WIND 6 moo 64*It aVR*VOf2
S, = CONSTRUCTION;INTERPRET.A.TION,..atai!■.*Is am ego a !!sata.aafro*!out■aa►.r►s.i/►►i+lf►ras►a■rfll+..►*40404
90 - NN`RE W�S Ef...*.a+■r...r■..fts...+,.spars►►► r.r,..pa.■afa*.*rap..rr.r■r.sap.*...r►alto.f*s*►a*►a.,sar+*a■asr.rrr..e+a2
EXHIBIT A: BY-LAWS
1. - Powers and Duties of the Trustees.fi.rrrtrr*s09949.■r.000rf*►of000t00 ait*.Defoe 0 afoots.sr*■.*..asor..at.s*f►a►aa.+rp2
20. Common Expenses and Profits..af„too to90fo■.sip seem moo..■a.t.s.p*....*►.s woo*a***#a some.■■■se*■*.ra.+rs►rust+l,***►**o2
►y i/y;
31, Insurance.......+a„*gas moo*+►i.*,fto*rr t 04 1 t/.tr*tr►it►i.r++#0■..s..fe.pr.■*tat■*r/a*►fa►f*tt*rtrai*ff►■rp■..t..11rfa.■..■.*■a.■..►►..a
44 Rebuilding and R.estoration..a/ s.oaa*f**ttr fir,►.fro.r** sr+■•r*+•++.,frill*t+sftatf0toai*at4 tot lit is a.tog.a*�''■►
} Condemnation.s\sf■.p■►.*airrr7rrrrr.ar....ea.a.rai.r.f►..a,►./airs/sr..►Ta.sf}■wraf■i....ar■ryr..tna+*+....f..*./■a►.a..*a*i..4.a1.*2
6, Improvements. trat*.r..lif.fi*rt.►tii.•■rasp.i.ar■a*s.is.at.*.►tat**flitslit►r*fir*fretsr,a■.s.a■■s.+..*atf*a.i►fafr■ra*pa►.,if.trsr2
7, Rules ations.*.*s.te Ott fool..arrwa+..a...rr►►s to*si#att■sati*f*ffift.trfs+■a.■*+.r oft p*rt.arrr►0araa.a.too 4stra*rtrfr#2
V t Meeting*3faa*artssrra,.*iaar►rt,.■ia*■s*■..rra■silo*/.►...aastarat/a*fr,*trfrrrf►.root...►r...t►+*+.+p■s*+f*f*r►*i.r.aaas.a.►►.f.■.r/*2
9. Notices to nit
le �Y►ini�lr►7.►rr►r.■..*. s..s..r*frtr. tart* f►t*ta•!r+■.r..►r.rrf.*��ar.a+.a...a.rr.fr*i*►,rsrrfraf►raf■a►+•�
Owners,
a. Inspection of Books; Reports to Unit
1 1 Checks and Notes..,..r.r.,.....*..*f.p*.■..of►.*r+..i..a too*a.►a.►rarfrffr+•r■rasso6a,.a 6 was**►.*.*+a...■,.■a**re p i a/►.e 0t40.04*02
12. SVGiI!*....+.►.**too of*!■.r*...►a*s,*r.top r►+..sfa►s■..■ t*+**+fa10040r0a.raa**ir***s►uf.s►990090a,r+440*6ra.r,.t*.►t*.64.6***4*604so**04►12
1 3 Fiscal Year. a.traa.+/.f*f.r►a*.a+.or/ ra+s......rapr.r.■.■r►..r+.rr..af.*.*a► a+as,*r..frf.►.f►r►.lrr►l.ot.r■a*r.,raar•■•■■••+■i�
14.. MLnaaernent- Employees. a.salt►r.*.r*artrip.irrialoasr,tafrr■a■ ■■,a■■..�
159. Use of Conn on Areas and Facilities..■ria•*►s..re.**.rat+*+►t.ar/a►,►.a►.sfr�wa�.*.....,■,.r.►,isr,*r r.*r ►+►►■.s.f�M
160 Attorneys,Accountants,Appraisers, *.,.trrirf....a..ff....■.+t.**t.*.rf,f►,r,,.f�o�f►.*..,rr,..at,r,.*t,..t..,s,.,...r2
17a' Heat, Cooling,Electricity, �ther 4Jtl lies, ■.p*f►*►rr■fir■■*►.■.a*a//►is.a►ff*.rfl ra*f.arafrr►fr►a■i.■fra*■•fs•r*■2
Unit
fir}p�a�r 1
18.. Conduct,Violations by ► nit Owners-,
19.• Violation o «Iial�ltr.s.■.*►*.i.►rr.a►far.o►.►stop**ff*firffrafrsr►lrrt*fir►f■•fir■•■■•■••■•••*•••roi*+tr..*frr*aa►ssafsal+i++s.+.s+r*sa
20.: Maintenance and R.ep�.1TS..aspart►.faf.srt+►s,s.tts.sas,tpr.rrp+ritr,a■ip■►r*a.*r.eta.■■■■r■+r■+*ra►fa►rfr,af.trrrsatra**.+.a►�
21 Right of Access-Pass Keys. .►*r..,trt.►■rips►■r,.r..p■par■■ra■rare. says.*.+.sar.r.r* ++a+.►*r,/..►►sar.►aa.a►r.►2
22, Pets. 10a*4611a**a.+*atto4*9460*96000f*4**i099+f Ratf+►r*rrpa!I'm**r!a■ a. rs..a*s.sr.sr.Yratsrr*0o2,1.aaa..out6Itsa.r..t■*r**..at/.2
236. Structural Intemtya...r*rs.a►►a.■f..a■■.■..■tops*r■.rrras.rffarr■rraff..r*ir,*►r►tr►fir►frrtrrtt■tar*tt*/r*i►*<►*.t►*t*t***rf►r**a2
2 4.• No Alterations.
25.. � a7,trapa+**a*,.*•taro...a.at.+f.a.a*►a+,.a*t.r.a►*fif..f►,+r..►*.*..*a.sasof..f►.t/*ar.aaa/a.f*.f.a.►.t.rt,,,r**.■./.f.tft....,,.►trraa
2 6.. Combustible Mate"'a S.*.■as►..af.a.■..+r.■...■..a.�r��rt.r.■a■■.■rl..*..■■.■.sr.pf.■errse.rrf■..■■.■*■■...s■i#firs..rl+*rr.af*�
279- Safety,ety+ ■►of►a r a**,.f s+.►a.,0 a r t■.to+a.,arr.a r r f f..+*r*+lt..atr.taa a.ia.s*.sf.r..t■rr.+....a,.t,*a*a.a.oafas..►.r.*,►a.e.a.ewe*.r*.p.ra*r■
2 St' Sale Vf U111ts7r.reot..rart.a+aaae../►aasass*+.+■►.*.*o/.ar**.■.pra+.ra.ra+,r+aa.rp., s■.,..a.f■■■■+■fpw...►■■•r+►rs.rfir►,rr►ar►ra►rr►2
2 94' Nondiscrimination.....as*as*I 16 9 q 4 moo 0 Do 44 moo so so*mosegatoo 4 6#0 m*0 to 0 49 9 09 t0000ffoo 9 0 0 0 4 0 0 am a 0 0*90
30.. Percentage of Unit Owners.err. .■.a■.rtri.at►.<.l.+t*aa►aL**■aaa.+i../..l.a...■■f.�
Bk 10839 Pg 92 #21804
31.: Protection of Mortgagees,Federal Home Loan Mortgage Corporation;Federal National
MortgageAssociationf lf.flfatatetstttaftaut.,•t■•r. atat..fftfi�ttt►faftlt•lttfa•s■frttit.►a.rlffalfata:fttalf►taaraftf.ar.2
32.1 Right to Notice and Hearing.•w.►■...+•■.lat►ata►at.lfftlatftsftaff..fsr.aa*t!!liat►atataatftftffta■*!a*ws.■.r..l.lr.ftfilarM
336. Contractors, Work in U�tti7ttssrs►aritt.■fiffffttta■ffftttttftfaaf+f..►■••rr!l.ffaff►taffflftltat■a■■.r.•s.t►+■■+r.rtasat.lfl
340• Unit First Mortgages.tolft/.a.la....art.l.fftll t►f f a!!if t t l afflf t a f t a&■.t•■a*40* if..ftaiflfaltta*f 0 too!•rf as s t a a.af■!*f t a f t.6042
B)ufLBrr B. RULES AND REGULATIONS
1. No Obstruction o Common Areas and Facilities.■attstltl/tf.ttsi..tt.at.•■••■•a•rr..stiaa..rt/ito#soaaa*o#oo►a2
2► Toys,Baby Carriages,Bicycles,faaatftttaa•.afa■rt..r•f►itfaftllttfaitfttf.f■.►.a►■at.■■aliftlfi/lfl*tool atfalttfaifaira.2'
36 , Trash, ia«..srtta.a■•r•.rialttii•!!►itil/ltFi.►/ttlae...a.a.r+r•itia.alaiaflf/fftfil•aw•► r.r...••.it/t/sa.altalaata►.•s..w.ai►►■atlal..iM
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Bk 10839 Pg 93 #21804
DECLARATION OF TRUST
OLD SALEM VILLAGE OF NORTH ANDOVER
CONDOMINIUM
OLD SALEM VILLAGE OF NORTH ANDOVER
CONDOMINIUM TRUST
DECLARATION OF TRUST
DECLARATION OF TRUST of OLD SA.LEM VILLAGE OF NORTH ANDOVER.
CONDOMINIUM TRUST made at North Andover,Essex County,Massachusetts by Key-Lime,
Inc.,a Massachusetts corporation, and told Salem Village, LLC, a Massachusetts limited liability
cooipany, each with a principal office at 1538 Turnpike Street,North Andover,Massachusetts
D 1845,hereinafter collectively called the"Trustees",which term includes their successors in.
trust. The term"Trustee"or"Trustees" also means the Trustee or Trustees for the time being
hereunder,whenever the context so permits.
1. NAME OF TRUSTS
The trust created hereby shall be known as Old Salem Village of North Andover
Condominium Trust(the"Trust") and all activities carried on by the Trustees hereunder
shall,insofar as legal,practical and convenient,be conducted under said name and style.
The term "Trust" shall include this Declaration of Trust and the By-Laws and Rules and
Regulations hereto.
2. PURPOSES.
A. All of the rights and powers in,to and with respect to the common areas and
facilities of the Cold Salem Village of North Andover Condominium established
by Master Deed of even date and recorded herewith(hereinafter called the
"Condominium"),which are by virtue of the provisions of Massachusetts General
Laws,Chapter 183A., (the"Act")conferred upon or exercisable by the
organization of unit owners(hereinafter defined)of the Condominium and all
property,real and personal,tangible and intangible,conveyed to the Trustees F
hereunder shall vest in the Trustees as joint tenants,with right of survivorship, as
Trustees of this Trust,BUT IN TRUST NEVERTHELESS,to exercise,manage,
administer and dispose of the same and to receive the income thereof for the
benefit of the Owners of record from time to time of the Units of the
Condominium(hereinafter called the"Unit Owners"), according to the schedule
of beneficial interest referred to in Section 4 hereof,and in accordance with the
provisions of the Act. This Trust is the organization of the Unit Owners
established pursuant to the provisions of the Act for the purposes therein set forth,
3
Bk 10839 Pg 94 #21804
DECLARATION OF TRUST
B. It is hereby expressly declared that a trust, and not a partnership,has been hereby
created and that the Unit Owners are b enef ci ari e s and not partners or associates
or any other relation whatever among themselves with respect to the Trust
property, and hold no relation to the Trustees other than as such beneficiaries,
with only such rights as are conferred upon them as such beneficiaries hereunder
and under and pursuant to the provisions of the Act.
3. TRUSTEES*
A. Appointment of Trustees
(i) Initial Board
The Initial Board shall consist of the Trustees named in the first paragraph
of this Declaration of Trust,to wit: Key-Lime,Inc., a Massachusetts
corporation, and Old Salem Village,LLC, a Massachusetts limited
liability company,or any other person or persons from time to time
appointed by Declarant as provided herein,hereinafter called the"Initial
Board". The terns of the Initial Board shall end upon the latest to occur of
the following events: (a)four(4)months after 75%of the Units in all
phases added to the Condominium or projected to be added have been
conveyed to Unit Owners other than the Declarant; or(b)five(5)years
following the conveyance of the first Unit.Notwithstanding any other
terrn or provision of this Trust to the contrary: (A)the Unit Owners shall
have no power or right to remove the Initial Board,narnely, Key Lime,
Inc., or Old Salem village, LLC,nor to appoint any additional or
successor Trustees,until the expiration of the term of said Initial Board
shall have expired as set forth in the inm iediately preceding sentence,and
(B)during the terns of the Initial Board,the Declarant shall have the right
to appoint and/or remove any Trustees and any vacancy in the office of a
Trustee,however caused, shall be filled only by the designation of the
Declarant of the Master Deed.
(ii) Subsequent Boards of Trustees
After the term of the Initial Board,there shall at all subsequent tunes be a
Board of Trustees hereunder consisting of five(5)natural persons, such
number to be determined from time to time by plurality vote of Unit
Owners,which vote shall be exercised in person or by proxy at any annual
or special meeting of the Unit Owners.
I
At first election after the term of the Initial Board has expired,in order to
establish a system of staggered terms of office,the two(2)candidates
receiving the highest and second highest individual totals of percentage
beneficial interest votes shall each serve for a tenn of three(3)years,the
two(2) candidates receiving the third and fourth highest totals 0f
percentage beneficial interest votes shall each serve for a term of two (2)
4
B�. 10839 Pg 95 #21804
DBCLAR TION OF TRUST
years, and candidate receiving the lowest individual total of percentage
beneficial interest vote shall serve for a term of one(1)year. In the event
of a tie vote which creates an uncertainty as to the term of a Trustee,the
term shall be determined by the drawing of lots by the Trustees who
received the tie votes.
The Trustees shall elect from their number a Chairman,Treasurer and
Secretary,who shall perform such duties as the Trustees may prescribe,
and may elect such other officers as they shall desire. Any Trustee may
hold more than one office.
Each person elected to serve as Trustee subsequent to the term of the
Initial Board who wishes to so serve shall promptly file with the Secretary
of the Trust his written acceptance of election,and upon receipt of such
acceptance,the Secretary shall sign and record with the Essex Forth
District Registry of Deeds a certificate of election setting forth the names
of the new Trustees and reciting that they have been duly elected by the
requisite vote of the Unit Owners and have filed their written acceptances
of election with the Secretary, and upon the recording of such certificate
of election,the election of the Trustees named therein shall become
effective and each such person named therein as a Trustee shall then be
and become such Trustee and shall be vested with the title to the Trust
property,j oIs
intly with the remaining or surviving Trustee or Trustees
without the necessity of any act of transfer or conveyance.
In ears subsequent to the first election after the expiration of the term.of
y �the Initial Board, elections shall be held to fill the expiring terms.
B. Vacancies
Subsequent to the first election after the expiration of the term of the Initial
Board,if and whenever any Trustees term is to expire,a vacancy shall be deemed
to exist. Such vacancy shall be filled by(a) an appointment of a natural person to
act as such Trustee by vote of Unit Owners at a duly called meeting as set forth in
Subsection A(ii), and(b)the acceptance of such appointment, signed and
acknowledged by the person so appointed.
If i after a vacancy which occurs by reason of the expiration of a term of a
Trustee,or Trustees as set forth above,the Unit Owners have not within thirty
(30)days after the occurrence of such vacancy appointed a new Trustee or
Trustees,or(ii) any Trustee's term becomes vacant for a reason other than the
expiration of his term,including without limitation,removal,resignation or death
of a Trustee,then any such vacancies shall be filled by vote of a majority of the
then remaining Trustees, or by the remaining Trustee if only one and(b)the
acceptance of such appointment,signed and acknowledged by the person so
appointed. The term of any Trustee appointed by the Trustees pursuant to this
5
Bk 10839 Pg 96 #21804
DECLARATION OF TRUST
paragraph shall end when his/her predecessor's term would,but for the vacancy,
have ended.
After the expiration of the term of the Initial Board,if for any reason there shall
be fewer than five(5)Trustees for any consecutive period of more than sixty(60)
days and shall at the end of that time remain unfilled,a Trustee or Trustees to fill
such vacancy or vacancies may be appointed by any court of competent
jurisdiction upon the application of any Unit Owner and notice to the other Unit
Owners and all Trustees and to such other parties in interest, if any,to whom the
court may direct that notice be given, and such appointment shall become
effective upon the recording with the Essex North District Registry of Deeds of a
c erti fic ate or order of such appointment.
Notwithstanding anything to the contrary in this subsection B despite any vacancy
in the office of Trustees,however caused and for whatever duration,the
remaining or surviving Trustees,subject to the provisions of the immediately
following subsection C, shall continue to exercise and discharge all of the powers,
discretions and duties hereby conferred or imposed upon the Trustees.
C. Majority vote
(i) In all matters relating to the administration of the Trust hereunder and the
exercise of the pourers hereby conferred,the Trustees shall act by majority
vote,provided that subsequent to the expiration of the term of the Initial
Board[but not prior thereto]in no case shall a majority consist of less than
two (2)Trustees. The Trustees may so act without a meeting by
instrument signed by all Trustees, Trustees may not vote by proxy.
(ii) During the term of the Initial Board,a majority vote shall consist of the
vote of both members of the Initial Board, Such members may so act
without a meeting by instrument signed by them,
D. Resignation of Trustees; Removal
An Trustee may resign at an time by instrument in writing, signed and
y Y � y
acknowledged in proper form for recording and such resignation shall take effect
upon the recording of such document with the Essex North District Registry of
Deeds.After notice and opportunity to be heard before the Unit Owners called
pursuant to Sections S and 3 2 o f the By-Laws hereof, a Trustee(except a m.emb er
p I
of the Initial Board)may be removed from office with or without cause,by an
instrument in writing signed by vote of Unit Owners entitled to not less than fifty-
; one(51 O/o)percent of the beneficial interest hereunder,such instrument to take
effect upon the recording thereof with said Essex North District Registry of
Deeds.
6
Bk. 10839 Pg 97 #21804
DECLARATION OF TRUST
B. Bonds
The Trustees shall obtain and maintain fidelity bonds as set forth in Section 3 of
the By-Laws of this Trust.
F, Good Faith
o Trustee hereinb efore named,or appointed or designated as hereinb efore
provided, shall under any circumstances or in any event be held liable or
accountable out of his personal assets or estate or be deprived of compensation by
reason of any action taken,suffered or omitted in good faith,or be so liable,
accountable or deprived for more money or other property than he actually
receives, or for allowing one or more of the other Trustees to have possession of
the Trust books or or be so liable, accountable or deprived by reason of
property,
honest errors of judgment or mistakes of fact or law or by reason of the existence
of an ypersonal interest or gain or by reason of anything except his own personal
and willful malfeasance,bad faith,or fraud.
G. Conflict of Interest
No Trustee shall be disqualified by his office from contracting or dealing with the
Trustees or with one or more Unit Owners (whether directly or indirectly because
of his interest individually or the Trustees'interest or any Unit Owner's interest in
any corporation, firm.,trust or other organization connected with such contracting
� .
or dealing or because of any other reason), as vendor,purchaser or otherwise,nor
shall any such dealing,contract or arrangement entered into in respect of this
Trust in which any Trustee shall be in any way interested, be avoided,nor shall
any Trustee so dealing or contracting or being so interested,be liable to account
for any profit realized by any such dealing,contract or arrangement by reason of
such Trustee's holding office or of the fiduciary relationship hereby established,
provided the Trustee shall act in good faith and shall disclose to the other Trustees
the nature of his interest before the dealing,contract,or arrangement is entered
into, and provided that such dealing,contract or arrangement is upon
commercially reasonable terms.
It i s understood and permissible for the Initial Board hereunder and any other
Trustee designated by the Initial Board or who are employed by or affiliated or
associated with the Declarant,to contract with the Declarant of the Master Deed
(the"Declarant")and any corporation,limited liability company, firm,trust or
other organization controlled by or affiliated or associated with the Declarant
upon commercially reasonable terms without fear of being charged with.self-
dealing;.
H. Compensation
The Trustees shall receive no compensation for their services as trustees,but with
the prior written approval in each instance of the other Trustees,and upon
presentation of proper vouchers, each Trustee may be reimbursed for actual out-
7
BIV. 10839 Pg 98 #21804
DECLARATION OF TRUST
of-pocket expenses paid or incurred by hint pursuant to his duties as such Trustee,
and such reimbursement shall be a Common Exp ens a of the Condominium.
With the prior written approval in each instance of the other Trustees, each
Trustee may receive reasonable compensation for any extraordinary or unusual
services rendered by him in connection with this Trust, and such compensation
shall be a Common Expense of the Condominium.
With the prior written approval in each instance of the other Trustees,any Trustee
may be engaged to render services to this Trust, legal, accounting, or otherwise, at
such compensation as shall be fixed by the Trustees,and any fees or other
compensation shall be a Common Expense of the Condominium.- p
Notwithstanding anything to the Contrary in this subsection lei of this Section 3,no
compensation or fees shall be paid to the Initial Board,and no reimbursement for
out-of-pocket expenses shall be made to any member of the Initial Board,unless
the same is reasonable and customary. A Trustee(other than.the Initial Board)
shall abstain from voting upon any question regarding reimbursement,
compensation,or fees proposed to be paid to him pursuant to the provisions of
this subsection H of this Section 3, or upon any question regarding the
engagement of himself,or any firm, association,corporation or partnership of
which he is a member,to render services, legal, accounting or otherwise to this
Trust.
I. Indemnity
The Trustees and each of them shall be entitled to indemnity both out of the Trust
property and by the Knit Owners severally in proportion to their ownership in the
common areas and facilities against any liability incurred by them or any of them
in the execution of their duties hereunder,including,without limitation, liabilities
in contract and in tort and liabilities for damages,penalties and Tines abut not for
fraud or willful misconduct). Each Unit Owner shall be personally liable for all
- sums lawfully assessed for his share of the Common Expenses of the
Condominium and for his proportionate share of any clams involving the Trust
property in excess thereof.
4. BENEFICIARIES AND THEIR BENEFICIAL INTEREST.
A. The beneficiaries hereof shall be the Unit Owners of the Condominium, The
beneficial interest in this Trust shall be divided among the Unit Owners in the
percentage of undivided beneficial interest appertaining to the Units of the
Condominium, all as set forth on Exhibit C of the Master Deed,which is hereby
incorporated herein by this reference and made a part hereof,with the same force
and effect as though fully set forth in the body hereof.
B. The beneficial interest of each.Unit of the Condominium shall be held and
exercised as a unit and shall not be divided among several owners of any such
Unit. To that end,whenever any of said Units is owned of record by more than.
Bk 10839 Pg 99 #21804
DECLARATION DE TRUST
one person, the several owners of such Unit shall: (i)determine and designate
which one of such owners shall be authorized and entitled to cast votes, execute
instruments,and otherwise exercise the rights appertaining to such Unit
hereunder; and(ii)notify the Trustees of such designation by a notice in writing
signed by all of the record owners of such Unit. Any such designation shall take
effect upon receipt by the Trustees of such notice, and may be changed at any
time and from time to time by notice as aforesaid. In the absence of any such
notice of designation,the Trustees may designate any one of such owners for such
i �
purposes.
S. BY-LAWS.
The By-Laws of this Trust are attached hereto as Exhibit A which is hereby incorporated
herein by this reference and made a part hereof with the same force and effect as though
fully set forth in the body hereof.
d. RIGHTS AND OBLIGATIONS OF THIRD PARTIES HEALING WITH THE
TRUST.
A. Any instrument signed and acknowledged in proper form for recording by a
majority of the Trustees as they then appear of record in the Essex forth District
Registry of Deeds and recorded in the Essex North District Registry of Deeds
may be relied on as conclusively establishing that such instrument was the free act
of this Trust and shall be binding upon.this Trust when so recorded.
B. No purchaser,mortgagee,lender, or other person dealing with a majority of the
Trustees, as they then appear of record in the Essex forth District Re istry of
Deeds shall be bound to ascertain or inquire further as to the persons who are then
the Trustees hereunder or be affected by any notice,implied or actual,relative
thereto other than by a certificate thereof,so recorded, and such recorded
certificate shall be conclusive evidence of the identity of said Trustees and of any
changes therein. The receipts of a majority of the Trustees,for money paid or
things delivered to there shall be effectual discharges therefrom to the persons
paying or delivering the same,and no person from whom a majority of the
Trustees shall receive any money,property or other credit, shall be required to see
to the application thereof. No purchaser,mortgagee,lender or other person
dealing with a majority of the Trustees as they then appear of record in the Essex
North District Registry of Deeds,or with any real or personal property which then
is or fortnerly was Trust property shall be bound to ascertain or inquire as to the
existence or occurrence of any event or purpose in or for which a sale,mortgage,
pledge or charge is herein authorized or directed,or otherwise as to the purpose of
regularity of any of the acts of the Trustees(s)purporting to be done in pursuance
of any of the provisions or powers herein contained, or as to the regularity of the
resignation or appointment of any Trustees. Any instrument of appointment of a
new Trustee or resignat"o n or discharge of a Trustee purporting to be executed by
the Trustees,Unit Owners or other persons herein required to execute the same,
shall upon the recording thereof,be conclusive evidence in favor of any such
9
Bk 10839 Pg 100 #21804
DECLARATION OF TRUST
purchaser or other person dealing with the Trustees of the matters therein recited
relating to such discharge,resignation or appointment.
: C. Notwithstanding anything to the contrary herein, and notwithstanding any custom
or usage to the contrary,no recourse shall at any time be had under or upon any
note,bond, contract,order, debt,claim,instrument,certificate,undertaking,
obligation,covenant,or agreement,whether oral or written,made,issued or
executed by the Trustees or by any agent or employee of the Trustees,or by
reason of anything done or omitted to be done by or on behalf of them or any of
them, against the Trustees individually,or against any such agent or employee, or
against any beneficiary, either directly or indirectly,by legal or equitable
proceedings,or by virtue of any suit or otherwise, and all persons extending credit
to,contracting with,or having any claim against the Trustees,shall look only to
the Trust property for payment under such note,bond,contract,order,debt,claim,
instrument,certificate,undertaking,obligation,covenant,or agreement,or for the
payment of any debt,damage,judgment or decree,or of any money that may
otherwise become due or payable to them from the Trustees, so that neither the
Trustees nor the beneficiaries,present or future, shall ever be personally or
individual) liable therefor;provided,however,that nothing herein contained
y
: shall be deemed to limit or impair the liability of the Unit Owners under the
provisions of the Act.
D, Every mote,bond,contract,order,instrument,certificate,undertaking,obligation,
covenant or agreement,whether oral or written,made,issued or executed by the
Trustees,or by any agent or employee of the Trustees,shall be deemed to have
been entered into subject to the terms,conditions,provisions and restrictions
hereof,whether or not express reference shall be made to this instrument.
�. This Declaration of Trust and amendments hereto and any Certificate herein
required or which it may be deemed desirable to record,shall be recorded with the
Essex North District Registry of Deeds and such record when executed according
to the requirements of this Declaration of'Trust shall be deemed conclusive
evidence of the contents and effectiveness thereof according to the tenor thereof;
and all persons dealing in any manner whatsoever with the Trustees,the Trust
property,or any beneficiary hereunder, shall be held to have notice of any
alteration or amendment of this Declaration of Trust,or change of Trustee or
Trustees,when the same shall be so recorded. Any certificate signed by a
majority of the Trustees at the time as they then appear of record in the Essex
North District Registry of Deeds setting forth as facts any matters affecting the
Trust,including statements as to who are the Trustees,as to ghat action has been
taken by the Trustees or beneficiaries,and as to matters determining the authority
of the Trustees to do any act,when duly acknowledged and recorded with said
Essex forth District Registry of Deeds,shall be conclusive evidence as to the
existence of such alleged facts in favor of all third persons,including the Trustees
acting in reliance thereon. Any certificate executed by a majority of the Trustees
as they then appear of record in the Essex North Distract Registry of Deeds setting
forth the existence of any facts,the existence of which is necessary to authorize
10
Bk 10839 Pg 101 #21804
DECLARATION OF TRUST
the execution of any instnunent or the taking of any action by such Trustees,
shall,when duly acknowledged and recorded with said Essex North District
Registry of Deeds, as to all persons acting in good faith in reliance thereon,be
conclusive evidence of the truth of the statement made in such certificate and of
the existence of the facts therein set forth.
7. AMEN 3MENTSo, TERN INATIONO
Notwithstandin an "n to the contr herein, so long as the Declarant owns
A. g 3� gY
any Unit or any of Declarant's rights and easements set forth in the master deed
relative to phasing, or the Termination Date set forth in the Master Deed has not
occurred,the Declarant shall have the right, at any time and from time to time,to
amend this Declaration of Trust(including but not limited to the B y-Laws hereto
and the Mules and Regulations hereto)without the consent of any Unit Owners or
y an of the Trustees of this Trust or any mortgagees,to meet the requirements of
.
any governmental or quasi-governmental body or agency,or the requirements of
any insurance company or insurance underwriting office or organization,or the
requirements of Federal National Mortgage Association,Federal Horne Loan
Mortgage Corporation,the secondary mortgage market,or any institutional
lender,or to cure any ambiguity,inconsistency or formal defect or omission,or to
exercise the Declarant's rights under Sections(a), (h)III or(n)of the Master
Deed.
however,to the provisions of Section 31 of the By-Laws hereto:
B. Subject, �
i. A majority of the Trustees,with the consent in writing of sixty-seven
(67%)percent in interest of Unit Owners,may at any time and from time
to time amend, alter,add to,or change this Declaration of Trust in any
manner or to any extent,the Trustees first,however,being duly
indemnified to their reasonable satisfaction against outstanding obligations
and liabilities;provided,however,that no such amendment, alteration,
addition or change shall be made: (i)without the prior written consent of
the Declarant obtained in each instance during the term of the Initial Board
for so long as the Declarant remains the owner of any Unit or any of
Declarant's rights and easements set forth in the.master deed relative to
phasing,or the Termination Date has not yet occurred,or(ii)without the
prior written consent of the owners of Units entitled to use Exclusive Use
Areas,with respect to any proposed amendments dealing with Exclusive
Use Areas or(iii)according to the purport of which,the percentage of the
beneficial interest hereunder of any Unit Owner would be altered,or in
any manner or to any extent whatsoever,modified or affected so as to be
different than the percentage of the individual interest of such Unit Owner
in the common areas and facilities as set forth in the Master Deed other
than by consent of all of the Unit Owners whose percentage of the
undivided interest is affected,in accordance with the Act,or(v)which
would render this Trust contrary to or inconsistent with any requirements
or provisions of the Act. Any amendment,alteration, addition or change
11
Bk 10839 Pg 102 #21804
DECLARATION OF TRUST
p foregoing pursuant to the fore oin provisions of this Section shall become effective
upon the recording with the Essex North District Registry of Deeds of an
instrument of amendment,alteration, addition,or change, as the case may
be, signed, sealed and acknowledged in proper form for recording, setting
forth in full the amendment,alteration,addition,or change. Such
instrument, so executed and recorded, shall be conclusive evidence of the
existence of all facts and of compliance with all prerequisites to the
validity of such amendment, alteration, addition, or change,whether stated
in such instrument or not,upon all questions as to title or affecting the
rights of third persons and for all other purposes.
(ii) The'Trust hereby created shall terminate only upon the removal of the
Condominium from the provisions of the Act in accordance with the
procedure therefor set forth in the Act.
(iii) Upon the termination of this Trust,the Trustees may,subject to and in
accordance with the provisions of the Act,sell and convert into money the
whole of the Trust property,or any part or parts thereof, and,after paying
or retiring all known liabilities and obligations of the Trustees and
providing for indemnity against any other outstanding liabilities and
obligations, shall divide the proceeds thereof among, and distribute in
kind, at valuations made by them which shall be conclusive if made in
good faith,all other property then held by them in trust hereunder to the
Unit Owners according to their respective percentages of beneficial
interest hereunder. In making any sale under the provisions of this
subsection of this Section 7,the Trustees shall have the power to sell or
vary any contract of sale and to resell without being answerable for loss,
and, for said purposes,to do all things,including the execution and
delivery of instruments,as may by their performance thereof be shown to
be in their judgment necessary or desirable in connection therewith, The
powers of sale and all other powers herein given to the Trustees shall
continue as to all property at any time remaining in their hands or
ownership, even though all tunes herein fixed for distribution of Trust
property may have passed,
The provisions of Section 3 1 of the By-Laws hereto shall at all times take ;
precedence over the provisions of this Section 7.
. i
S, CONSTRUCTIONP INTERPRTATION. 4
A. In the construction hereof,whether or not so expressed,words used in the singular
or in the plural,respectively,shall include both the plural and singular;words
denoting males include females; and words denoting persons include individuals,
firms,associations,companies 0oint stock or otherwise),partnerships, entries
and quasi-entities,trusts and corporations;unless a contrary intention is to be
inferred from or is required by the subject matter or context. The marginal and
sectional captions and headings are inserted only for convenience of reference and
12
Bk 10839 Pg 103 #21804
DECLARATION OF TRUST
are not to be taken to be any part hereof or to control or affect the meaning,
construction,interpretation,or effect hereof.
B, All of the trusts,powers, and provisions herein contained shall tale effect and be
construed according to the lavers of the Commonwealth of Massachusetts in
general, and with respect to the Act,in particular.
C. The invalidityof an provision or art of such provision hereof shall not impair or
�'F p
affect in any manner the remainder hereof,or the remainder of such provi s ion or
such part of such provision.
D, No restriction condition,obligation or provision contained herein(including but
not limited to the By-Laws hereof attached hereto as Exhibit A and incorporated
herein by reference)shall be deemed to have been waived by reason of any failure
to enforce the same,irrespective of the number or frequency of violations or
breaches thereof which may occur.
B. In the event of any conflict between the provisions hereof(including but not
limited to the By-Laws hereof attached hereto as Exhibit A and incorporated
herein by reference)and the provisions of the Act, and the Master Deed,then the
p
rovisions of the Act,or of the Master Deed,as the case may be,shall control,
Words defined in the Act and used herein shall have the same meaning herein as
defined in the Act,unless the context clearly indicates otherwise.
9. 1 ON-RECO LJ RSE*
Notwithstanding anything to the contrary contained in this Declaration of Trust or in the
By-Laws and Rules and Regulations hereto, any recourse against the Declarant and its
successors and assigns or the Initial Board shall be strictly limited to the Declarant s
interest and that of its successors and assigns in the Condominium property, and in no
event shall any of the DeclaranVs or its successors and assigns members,managers or any
director,officer, employee or shareholder of any of the foregoing be liable. Further,in
no event shall consequential,indirect or punitive damages be sought.
• 4
13
Bk 10839 Pg 104 #21804
DECLARATION OF TRUST
EXECUTED as n ent under seal at North Andover,Essex County,
Massachusetts,this day of July,2007.
Key-Lim ,hic,Trust as aforesaid
By;
FW J urke,president
By.
Be ' in.C. Osgood/Sr.,Treasurer
Cold Salem.village,LLC,Trustee as aforesaid
By auj__��
:
C Manager
COMMONWEALTH OF MASSA.CI USETTS
Essex, ss.
On-this day of July,2007,before one,the undersigned notary public,personally appeared
John J, Le,president of Ivey-Lime, Inc.,Trustee as aforesaid,who proved to me through
satisfactory evidence of identification,which was a Massachusetts driver's license,to be the
person whose name is signed on the preceding or attached document, and acknowledged to me
that he signed it voluntarily for its stated purpose.
Z9,
,Notary Public
y Comm.i lion Expires:
1Iotwy p ubii��Ghu$��
cQmmonwe�th ofM�x Ires
COMT 16
e #em$1c
14
Bk 10839 leg 105 #21804
DECLARATION OF TRUST
COMMONWEALTH OF MA S S A CH USETTS
Essex, ss.
fL
: before me the undersigned no public,personally appeared
�n this dad of ruler, 2��7, � � �P 3 p �' PP
Beni atnin C. Osgood, Sr.,Treasurer of KeywLime, Inc.,Trustee as aforesaid,who proved to me
through satisfactory evidence of identification,which was a Massachusetts driver's license,to be
the:person whose name is signed on the preceding or attached document, and acknowledged to
me'that he signed it voluntarily for its stated purpose.
Notary Public
Commission Expires:
JOHN ,
Not"�ubSln E",x �h�r����
Commonwealth of MOM its 1
%COMM10
der 2n -20 ';
15
1
B�. 10839 Pg 106 #21804
EXHIBIT A.: BY-LAWS
DECLARATION OF TRUST
EXHIBIT A
Incorporated into and made a part of the Declaration of Trust of Old Salem Village of
North Andover Condominium Trust(the"Declaration of Trust's). Capitalized terms used herein
and not otherwise defined shall have the same meaning ascribed to such terms in the Master
Deed or in the Declaration of Trust.
ICY-LAWS
OLD SALEM VILLAGE OF NORTH ANI]OVER CONDOMINIUM TRUST
The provisions of this Exhibit A to Old Salem.Village of North Andover Condominium
Trust shall constitute the By-Laws of Old Salem Village of North Andover Condor nium Trust,
the:organization of Unit Owners established by said Trust.
1. = Powers and Duties of the Trustees.
The Board of Trustees shall have all power necessary for the administration of the affairs
of the Condominium as set forth in the Act, and they may do any and all acts necessary or
desirable for the administration of the affairs of the Condominium except only for such
acts as may not under law,or under the provisions of the Master Deed, or this Trust,be
delegated to the Trustees by the Unit Owners. Such powers and duties of the Trustees
shall include,but shall not be limited to,the following:
A, Operation,care upkeep and maintenance of the common areas and facilities.
. �p � � p �
B. Determination of the Common Expenses required for the affairs of the
Condominium, including,but not limited to the operation and maintenance of the
common areas and facilities.
C, Collection of the Connnon Expenses from the Unit owners.
Employment and dismissal of the personnel necessary or advisable for the
D.
z maintenance and operation of the common areas and facilities.
E. Subject to the provisions of Section 7 of these By-Laws,adoption,amendment,
and administration(including waiver)of Rules and Regulations covering the
details of the operation and use of the common areas and facilities.
F. Opening of bank accounts on behalf of the C ondo nlinium, and, subject to the
provisions hereof,designating the signatories required therefor.
C. Leasing,managing and otherwise dealing with such facilities as may be provided
for in the Master Deed as being common areas and facilities.
H. Owning, conveying,and encumbering,and otherwise dealing with Units
conveyed to the Trust or purchased by it as a result of enforcement of the lien for
y
Common Exp ens es, or otherwise. `
16
Bk. 10839 Pg 107 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
I. Obtaining of insurance for the Condominium,including the Units,pursuant to the
provisions hereof.
J. Making of repairs, additions and improvements to,or alterations or restoration of,
the Condominium, in accordance with the other provisions of this'Trust.
K. Subject to the provisions of subsection B of Section 29 of these By-Laws,
purchasing a Unit.
L. Purchasing of Units at foreclosure or other sales.
M. Organizing and maintaining corporations,trusts,or other entities to act as
nominee of the Condominimm in acquiring title to Units on behalf of all Unit
[owners under the provisions hereof.
Borrowing none for an proper Condominium purpose,and granting to the
N. g y Y p � �
lender a security'interest and pledge of the Trusts receivables,including but not
limited to amounts receivable in the future for Common Expenses,and special
assessments of any deseription.
0, Conducting litigation as to any course of action involving the common areas and
facilities or ansing out of the enforcement of the By-Laws,Rules and
Regulations, and Master Deed, and this Trust. Notwithstanding any provision of
the Master Deed, or the Declaration of Trust, or of these By-Laws or the Rules
and Regulations to the contrary,neither the'Trustees acting in their capacity as
such Trustees or acting as representatives of the Unit owners,nor any class of
Unit owners shall bring any litigation whatsoever unless a copy of the proposed
complaint in such litigation has been delivered to all of the Unit Owners, and not
less than eighty(80%)per cent of all Unit Owners consent in writing to the
bringing of such litigation within sixty(do)days after a copy of such complaint
has been delivered to the Unit Owners and specifying as a part of the wntten
consent a specific monetary limitation to be paid as legal fees and costs and
expenses to be incurred in connection therewith,which amount shall be separately
assessed as a special assessment effective forthwith at the time of said affixmative
consent, Notwithstanding any provisions of the Master Deed,or of the
Declaration of Trust of the Trust(including but not limited to the provisions of
Section 7 of the Declaration of Trust),or these By-Laws or the Rules and
Regulations,the provisions of this paragraph o of this Section 1 shall not be
� � p P p
amended except by vote of at least eighty(80%)per cent of Unit Owners. The
provisions of this paragraph o(with the exception of the first sentence hereof)
shall not apply to litigation by the Trust against Unit Owners with respect to the
recovery of overdue Common Expenses,or special assessments,or to foreclose
the lien provided by Section 6 of the Act,or to enforce any of the provisions of
the Master Deed,or the Declaration of Trust of the Trust,or these By-Laws or
Rules and Regulations thereto,or the Unit Deed, against Unit Owners.
17
�3k 10839 Pg 108 #21804
EXHIBIT A; BY-LAWS
DECLARATION OF TRUST
P. Granting permits,licenses and easements over the common areas and facilities for
utilities and other purposes reasonably necessary or useful for the proper
maintenance or operation of the Condominium project.
. Enforcing obligations of the Unit Owners, allocating income and expenses, and to
do anything and everything else necessary and proper for the sound management
of the Condominium.
20 : Common ExiDenses and Prorits.
Common Expenses
(i) Each Unit Owner shall be liable for common expenses("Common
Expenses")and shall be entitled to common profits of the Condominium
in the same proportion as his beneficial interest in this Trust bears to the
aggregate beneficial interest of all the other Unit Owners. The Trustees
may at any time or times distribute general common profits among the
Unit Owners in such proportions. The Trustees shall at all times establish
and maintain an adequate reserve fund for the periodic maintenance,
repairs and replacement of improvements to the common areas and
facilities and those limited common areas which the Trust may be
obligated to maintain, and such reserve fund shall be funded by regular
monthly assessments from regular assessments for Common Expenses,
and such fund shall not be deemed to be common profits available for
distribution. It is expected that initial Unit conveyances,completion of
Units, and initial occupancy of Units will not take place simultaneously.
Notwithstanding anything to the contrary in these By-Lavers or in the
Master Deed,the Initial Board may from time to time promulgate a budget
or budgets under the provisions of this Section for the initial months of
: operation of the Condominium pursuant to which assessments will be
minimal reflective of the circumstance that during such period,few Units
may be occupied and the cost of services will be correspondingly low.
(ii) In addition to the foregoing, (and not in substitution thereof)to ensure that
this Trust will have the funds to meet unforeseen expenditures or to
purchase any additional equipment or services,there shall be a working
capital fund at least equal to two(2)months' estimated Common Expenses
for each Unit. Any amounts paid into this fund shall not be considered as
advance payments of regular assessments. Each Unit's share of the
working capital fund shall be Collected at the time the sale of the Unit is
closed or at the tirn.e control of this Trust is transferred to the Trustees
h r Declarant
elected by Unit Owners other than the , as set forth in Section 3
of this Trust,whichever occurs earlier. The Declarant may reimburse
itself for these payments from the funds collected at closing when the
unsold Units are sold, when control of this Trust is transferred as set forth
above,the working capital fund shall be transferred to this Trust for
deposit to a segregated fund. During the term of the Initial Board(or
18
Bk 10839 leg 109 #21804
EXHEBIT A: BY-LAWS
DECLARATION OF TRUST
while a majority of the Trustees are the Declarant, or nominees or
designees of the Declarant)the working capital fund which is the subject
of this Subsection shall not be used to defray the expenses,reserve
contributions, or construction costs which are the responsibility of the
Declarant in its role as developer of the Condominium or to make up
budget deficits.
In addition to the foregoing,(and not in substitution thereof),the Trustees
may,to such extent as they deem advisable,set aside common funds of the
Condominium as additional reserves and may use the funds so set aside
for reduction of indebtedness or other lawful capital purposes, and, subject
r to the provisions of Section 4 of these By-Laws, for repair,rebuilding or
restoration of the Condominium,or for improvements thereto, and for
replacement of the common areas and facilities,and other proper
contingencies, and the funds so set aside shall not be deemed to be
common profits available for distribution.
(iv) At least thirty(30)days prior to the commencement of each fiscal year of
this Trust,the Trustees shall estimate the Common Expenses expected to
be incurred duringsuch fiscal ear, together with reasonable provision for
y g
contingencies and reserves, and for the preserve funds mentioned in
Subsection C of this Section 2,and after taking into account any
undistributed common profits from prior years, shall determine the
assessment for Common Expenses to be made for such fiscal year. The
Trustees shall promptly furnish copies of each budget on which such
assessment is based to all Unit Owners,and, if requested,to their
mortgagees. The Trustees shall promptly render statements to the Unit
Owners for the respective shares of such as s es sment, and each Unit Owner
thereafter shall pay one-twelfth of his share of the estimated Common
Expenses monthly in advance on the first day of each month. In the event
that the Trustees fail or neglect to promulgate such budget,then the budget
for the immediately preceding year shall be deemed to be in effect until
the Trustees promulgate a current budget. The Trustees shall not be
obligated to render monthly statements. In the event that at any time and
from time to time the Trustees shall determine during any fiscal year that
the assessment so made is less than the Common Expenses actually
incurred, or to be incurred,including but not limited to provisions for
proper reserve funds,the Trustees shall make a supplemental assessment
or assessments and render statements therefor in the manner aforesaid, and `
such statements shall be payable and take effect as set forth in such
statements. The Trustees may in their discretion provide for payments of
such supplemental assessment statements in monthly or other installments.
The Trustees shall have the authority and the duty to levy and enforce the
collection of general and special assessments for Commmon Expenses,
(v) The amount of each such statement, for regular or supplemental
assessments,together with late fees thereon if not paid when due as set
19
Bk 10839 Pg 110 # 1804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUSS'
forth in subsection.E of this Section 2,together with all expenses,
including attorneys' fees,incurred by the Trustees in any proceeding
brought to collect such unpaid Common Expenses and assessments, shall
constitute a lien on the unit of the Unit Owner assessed pursuant to the
provisions of Section 6 of said Chapter 183A and Sections 5 and 5A of
Chapter 254, and may be collected by the Trustees pursuant to said
statutes as the same may be amended. The Trustees shall take prompt
action to collect any Conunon Expenses and assessments due from any
Unit Owner which remain unpaid for more than thirty(3 U) days from the
due date thereof including but not limited to action under the provisions of
Massachusetts General Laws Chapters 18 3 A and 254 as the same may be
amended. In the event that the Trustees bring an action to foreclose a lien
on any unit pursuant to said statute,the Unit Owner shall pay a reasonable
sum for use and occupancy of his unit from the date of foreclosure until
the Unit Owner vacates the unit(the plaintiff in such foreclosure action
shall be entitled to the appointment of a receiver to collect the same)but
nothing in this sentence shall be deemed to grant any Unit Owner the right
to remain in possession of his unit after such foreclosure. The Trustees,
acting on behalf of all Unit Owners, shall have power to purchase such
unit at the foreclosure sale and to acquire,hold,mortgage(but not lease,
rent, or vote the vote appurtenant to),convey or otherwise deal with the
same. A suit to recover a money judgement for unpaid Common Expenses
shall be maintainable without foreclosing or waiving the lien securing the
same. In the event of any suit or foreclosure by the Trustees,the Trustees
shall be entitled to late charges as set forth in subsection(v)of this Section
2, and all Costs of collection, suit and foreclosure,including attorney's
fees. In addition to the lien in favor of the Trustees for assessments for
Common Expenses and assessments, such assessments shall also be the
personal obligation of the owner of the unit at the time the assessment fell
due.
(vi) Common Expenses and special assessments not actually received by the
Trustees within fifteen(15)days next after the due date thereof shall be
subject to a late charge of twenty-five($25.00)dollars for each month or
portion thereof the same remains unpaid.
(vii) The Trustees shall promptly provide any Unit Owner,or any Unit buyer
who has a duly executed purchase and sale agreement for the acquisition
of a Unit, or any mortgagee,or the attorney of any such party,with a
written statement of all unpaid Common Expenses due with respect to
such Unit, signed and acknowledged in proper form for recording,upon
the written request of such Unit Owner or buyer,mortgagees or attorneys.
Notwithstanding anything to the contrary in the Declaration of Trust,or
these By-Laws, such statements may be executed by one(1)Trustee
during the term of the Initial Board, and thereafter by any two (2)
Trustees. Recording of such statement in the Essex Forth District
Registry of Deeds shall operate to discharge the Unit of any lien for any
20
Bk 10839 Pg 111 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
other sums then unpaid not enumerated as of the date of such statement to
the extent provided by the Act.
(viii) The Trustees shall expend funds derived from Coxnnon Expenses and
special assessments only for lawful purposes permitted hereby and by the
provisions of the Master Deed,and by the provisions of the Act.
(ix) Notwithstanding anything to the contrary herein., any first mortgagee who
obtains title to a Condominiwn Unit,pursuant to the remedies provided in
its mortgage,or foreclosure of its mortgage,will not be liable for such
Unit's unpaid Common.Expenses or assessments, (including interest and
costs of collection and legal fees relating to the collection thereof)which
accrue prior to the acquisition of title to such Unit by the mortgagee
except as otherwise set forth in Section 6 of the Act. The lien for
Common Expenses and assessments,shall not be affected by any sale or
: transfer of a Unit, except that a sale or transfer pursuant to a foreclosure of
a first mortgagee shall extinguish a subordinate lien for assessments which
became payable prior to such sale or transfer,except as otherwise set forth
in Section 6 of the Act.
(x) In addition to the foregoing, each Unit Owner shall pay to the
Condominium Trust a sum equal to his share(as hereinafter defined)of
the first year's premiums on the master insurance policies carried by the
Condominium Trust at the time the sale of the Unit is closed or at the time
control of this Trust is transferred to the Trustees elected by Unit Owners
other than the Declarant, as set forth in Section 3 of this Trust,whichever
occurs earlier. The Declarant may reimburse itself for these payments
from the funds collected at closing when the unsold Units are sold. The
term"his share'as used herein shall mean the undivided interest in the
common areas and facilities appurtenant to the Unit.
3. Insurance,
A. The Trustees shall be r wired to obtain and maintain,to the extent obtainable,the
following'insurance:
(i) fire with extended coverage covering other perils normally covered by the
"special cause of loss form"on an"all-in"basis(the"Property
Insurance").The Property Insurance shall cover(i)the Buildings and all
other insurable improvements forming part of the common areas and
facilities, and including the heating equipment and other service
machinery, apparatus, equipment and installations, and(ii)including all
such portions and elements of the Units,but not including,with respect to
Units(x)any carpeting,gall covering other than paint,drapes and other
window treatments, furniture,furnishings, or other personal property(not
constituting fixtures)owned by Unit Owners,or(y) improvements within
a Unit made subsequent to the date of recording of the Master Deed. The
21
Bk 10839 Pg 112 #21804
EXHIBIT A.: BY-LAWS
DECLARATION OF TRUST
Property Insurance shall cover the interest of the Condominium,the
Trustees and all Unit Owners and their mortgagees, as their interests may
appear,in an amount equal to one hundred(100%)percent of current
replacement cost of the Buildings,common areas and facilities, and Units,
without deduction for depreciation,with loss payable to the Trustees,as
Insurance Trustees for each Unit Owner and the holder of each Unit
mortgage. The named insured shall be "the Trustees of The Old Salem
Village of North Andover Condominium Trust, for the use and benefit of
the individual Unit Owners and Unit mortgagees". The Property
Insurance shall also cover all other perils which are customarily covered
with respect to projects similar in constructions location and use,including
all perils normally covered by the standard "special cause of loss form"
endorsement.The Trustees shall periodically obtain an independent
appraisal of the full replacement value of all portions of the Buildings,
including all of the Units(but not including the items referred to in clauses
(x)and(y)of this paragraph),and all of the common areas and facilities,
Without deduction for depreciation, for the purposes of determining the
amount of fire and extended coverage insurance to be effected pursuant to
= this Section, and the amount of such insurance shall in no event be less
than the full replacement value so as determined.The Property Insurance
shall provide that adjustment of loss shall be made by the Trustees and
that the net proceeds thereof shall be payable to the Trustees as Trustees
for each Unit Owner and the holder of each Un it's mortgage. Each Unit
Owner,by accepting delivery of his Unit deed, appoints the Trustees as
Insurance Trustees(or any Insurance Trustees or Substitute Insurance
Trustees designated by the Trustees) as attorney-in-fact for the purpose of
purchasing and maintaining such insurance,including: the collection and
appropriate disposition of the proceeds thereof;the negotiation of losses
and execution of releases of liability; the execution of all documents; and
the performance of all other acts necessary to accomplish such purpose.
The Property Insurance shall,insofar as practicable,contain waivers of
subrogation as to any claim against the Trustees,their agents and
employees,Unit Owners,their respective employees, agents and guests,
and of any defense based on invalidity arising from the acts of the insured
and shall provide that the insurance will not be prejudiced by any acts or
omissions of individual Unit Owners that are not under the control of the
owner's association, and shall provide that such policies may not be
canceled or substantially modified without at least ten(10)days'prior
written notice to all of the insureds,including all Unit Owners and
mortgagees of Units,and recovery thereunder shall not be affected on
account of the availability of proceeds under any policies obtained by
individual Unit Owners covering their own Units and shall include a
Special Condominium Endorsement(so called)or its equivalent. Agreed
Amount Inflation Guard and Construction Code endorsements shall be
required to the extent available. A machinery coverage endorsement shall
also be required,which provides that the insurers minimum liability per
22
] , 10839 Pg 113 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
accident at least equals the insurance value of the Buildings housing the
Pumping Station and the machinery therein or connected therewith. A.
c ertIr tv
i n c ate of insurance, showing the amount of insurance, shall b e i ssued
to the owners of each Unit and the original or a certificate thereof shall,
upon request,be delivered to the mortgagee of each Unit. Any such
insurance obtained and maintained by the Trustees pursuant to the
provisions of this Section may have a deductible amount to be determined
from time to time by the Trustees,[but in no event shall such deductible
amount be greater than the lesser of ten thousand($10,000.00)dollars or
one %(I percent of the policy face amount),who shall simultaneously
)
specify, in writing with notice to all Unit Owners,hour and by whore the
p fy� g
amount of the deductible shall be paid in the event of a loss.
worker's compensation insurance if the Trustees shall have an employee or
employees.
comprehensive general liability insurance covering all common areas and
facilities, and any other areas under the supervision of the Trustees in such
amounts and with such coverage as the Trustees shall from time to time
determine,with an each occurrence limit of not less than one million.
($1,000,000.00)dollars and a general aggregate limit of not less than two
million.($2,000,000.00)dollars,but at least covering each member of the
Trustees,the managing agent or the manager,if any, and each Unit Owner
and with cross liability endorsement to cover liabilities of the
Condominium to a Unit Owner, and a severability of interest provision
precluding the insurers denial of a Unit Owner's claim because of
negligent acts by this Trust or other Unit Owners. The Trustees shall
penodi.cally reevaluate the amount of public liability insurance to be
carried by there as set forth in this paragraph to the end that the limits of
such insurance shall be the greater of(x)the amounts sp ecx fi ed in this
or the limits of such liability insurance as are carried by
paragraph [y} y
other condominium unit owners' associations in comparable
condominiums in Eastern Massachusetts.
(iv) Fidelity bonds the"Fidelity Bonds")in blanket form for all officers,
directors,Trustees and employees of the Trust and all other persons
handling or responsible for funds administered by the Trust whether or not
they receive compensation for their services. The total amount of fidelity
bond coverage shall not be less than the estimated maximum funds,
including reserve funds,in the custody of the Trust or the management
agent, as the case may be,at any given time during the term of such bond,
and,in any event,the aggregate amount shall not be less than a sung equal
to three(3)months'aggregate assessments on all Units plus reserve funds,
or one and one-half times the insurers estimated annual operating
exp ergs es and reserves,whichever is greater.The Fidelity Bonds shall
name the Trust as an obligee and shall contain waivers by the issuers of
the bonds of all defenses based upon the exclusion of persons serving
23
Bk 10839 Pg 114 #21804
EXHIBIT A; BY-LAWS
DEC LARAT ION OF TRUST
without compensation from the definition of"employees"or similar terms
or expression.The Fidelity Bonds shall provide that they may not be
canceled or substantially modified(including cancellation for nonpayment
of premium)without at least ten(10)days`prior written notice to the Trust
and to the mortgagees which are listed as scheduled holders of first
mortgages in the insurance policy4
(v) such other insurance as the Trustees may determine.
B, Subject to the provisions of Section 4 of these By-Laws,insurance proceeds
or
received by the Trustees shall be held in trust in an identified and segregated fund
for the benefit of the Unit Owners and all mortgagees of all Units. If the cost of
restoringthe conon areas and facilities,or any Unit,is estimated by th
commone
Trustees to exceed the sum of Ten.Thousand($10,000.00)Dollars,then the
Trustees shall give written notice of such loss to all Eligible Mortgage Molders
and all Eligible Insurers and Guarantors, as defined in Section 31.
C. The cost of all such insurance obtained and maintained by the Trustees pursuant
to the provisions of this Section 3 shall be a.Common Expense of the
Condominium.
Y3 All insurance obtained and maintained by the Trustees shall conform to applicable
requirements of the Federal Home Loan Mortgage Corporation("FHLMC")and
the Federal National Mortgage Association.("FNMAII) so long as FHLMC or
FNMA hold one or more mortgages on Units in the Condominium or any interest
therein.
E. Each Unit Owner shall carry insurance at his own expense for his own benefit
insuring, inter alia,his carpeting,wall coverings ether than paint,drapes and other
window treatments,furniture, furnishings and other personal property owned by
the Unit Owner, and personal liability, and lass assessment coverage,provided
that all such policies shall contain waivers of subrogation,and fiwther provided,
that the liability of the carriers issuing insurance obtained by the Trustees shall
not be affected or diminished by reason of any such additional insurance carried
by a Unit Owner.
F. Nothing shall be done or kept in any Unit or in the common areas and faciliti e s
which will increase the rate of insurance on the Buildings or the contents thereof
without the error written consent of the Trustees. If the Trustees grant such
consent,they may condition such consent upon the agreement of the Unit Owner
responsible for such increase to pay the amount of such increase.
4. Rebuildin aad Restoration.
A. In the event of damage to or destruction of the common areas and facilities as a
result of fire or other casualty(unless Subsection F of this Section is applicable),
or, in the event of damage to or destruction of any Unit as a result of fire or other
casualty,whether or not the common areas and facilities have been damaged or
24
Bk 10839 Pg 115 #21804
EXHIBIT A. BY-LAWS
DECLARATION OF TRUST
destroyed(unless Subsection.F of this Section is applicable),the Trustees shall
promptly adjust the loss,arrange for the prompt repair or restoration of the same,
and disburse the proceeds of all insurance policies in payment of all costs and
expenses actually incurred in connection with such repair or restoration in
appropriate progress payments and with appropriate retainage. All insurance
proceeds paid to the Trustees as insurance trustees,on account of any casualty
shad be dedicated first to the repair or restoration of the loss, and any application
of said proceeds by the Trustees on account thereof shall be prior to the
application of such proceeds for any other purposes.
B, hi the event the insurance proceeds are not sufficient to cover the cast of repairs
to the common areas and facilities and the Units,the proceeds will be first
allocated to the cost of repairs to the comanon areas and facilities and the balance,
if any,to the cost of repairs to the Units in proportion to the cost of all repairs to
the respective Units as determined by the insurer or by independent appraisal. To
the extent the proceeds allocated as aforesaid are insufficient to cover the cost of
repairs to the common areas and facilities,the balance of the cost of such repairs
will be assessed against all Unit Owners as a Common Expense. To the extent the
proceeds allocated as aforesaid are insufficient to cover the cost of repairs to the
Units,the balance of the cost of such repairs to each Unit will be assessed against
all Unit Owners as a Com rnon Expense.
C, Whenever the estimated cost of repair or restoration exceeds, as to any one
casualty or occurrence,on the basis of an independent appraisal,the sum of
twenty-five thousand($25,000.00)dollars,then the Trustees shall retain a
registered architect or registered engineer,who shall not be directly or indirectly a
Unit Owner or an employee or agent of any Unit Owner,or a Trustees or an
employee or agent of any of the Trustees,or the manager,if any,or any employee
or agent of such manager,to supervise the work of repair or restoration and no
sums shall be paid by the Trustees on account of such repair or restoration except
upon certification to them by such architect or engineer that the work for which
payment is being made has been completed in a goad and workmanlike manner in
accordance with approved plans and specifications and that the estimated total
cost of completion of said repair or restoration,less amounts theretofore
advanced,does not exceed the un-disbursed proceeds of insurance as augmented
by funds obtained by any assessment or assessments levied or chargeable to the
Unit Owners as a Common Expense.
D. The Trustees may perform emergency work essential to the preservation and
safety of the Condominium, including all parts of the Buildings and the common
areas and facilities and the Units,or the safety of persons,or required to avoid the
suspension of any essential service to the Condominium,including all parts of the
Buildings and the connnon areas and facilities and the Units, without having first
engaged an architect or engineer, adjusted the loss or obtained proceeds of
insurance.
25
Bk 10839 Pg 116 #21804
E HBIT A: BY-LAWS
DECLARATION OF TRUST
E. Subject arrays to the prior rights of the Unit Mortgagees,if there shall have been
a repair or restoration pursuant to the foregoing and the amount of insurance
proceeds shall have exceeded the cost of such repair or restoration, then the
excess of such insurance proceeds,if any,shall be added to the Condominium's
reserve fund, or, at the option of the Trustees,divided among all the Unit Owners
in proportion to their respective interests in the common areas and facilities.
Fs Notwithstanding foregoing,oing,if,as a result of fire or other casualty,the loss
g
exceeds ten(10%)percent of the value of the Condominium,including all parts of
the Buildings and the common areas and facilities and the Units prior to the
casualty, and: (a)if seventy-five(75%)percent of the Unit Owners do not agree
within one hundred twenty(120) days after the date of the casualty to proceed
with repair or restoration,the-Condominium,including all Units, shall be subject
to partition at the suit of any Unit Owner. Such suit shall be subject to dismissal
at any time prior to entry of an order to sell if an appropriate agreement to rebuild
is filed. Subject always to the prior rights of the Unit Mortgagees,the net
proceeds of the partition sale together with any common funds shall be divided in
proportion to the Unit Owners'respective undivided ownership in the common
areas and facilities. Upon such sale,the Condominium shall be deemed removed
from the provisions of the Act; (b)if seventy-five(75%)'percent of the Unit
Owners agree to proceed with the necessary repair or restoration,the cost of the
rebuildin g of the Condominium,in excess of any available common funds
including the proceeds of any insurance, shall be a common expense,provided,
however,that if such excess cost exceeds ten(10'1/0)percent of the value of the
Condominium including all parts of the Buildings and the common areas and
facilities and the Units,prior to the casualty,any Unit Owner who did not so
agree may apply to the Superior Court of Essex County on such notice to the
r
Trustees and Unit Owners as the Court shall direct, for an order directing the
purchase of his Unit by the Trustees at the fair market value thereof as approved
by the Court. The cost of any such purchase shall be a Common Expense.
S. : Condemnation.
If more than ten(l0°/o)percent in value of the Condominium is taken under the power of
eminent domain,then the taking shall be treated as a casualty loss and the provisions of
Section 4 of these By Laws and the provisions of Section 17 of the Act shall apply.
Where one or more Units have been substantially altered or rendered uninhabitable,as a
result of a partial taking, and the Unit Owners vote to restore and continue the
Condominium pursuant to Section 17 of the Act,the Trustees shall have the authority to
acquire the remaining portions of such Units for such price as the Trustees shall
deterrnin.e,provided that any Unit Owners of such remaining portion who does not agree
with such determination may apply to the Superior Court of Essex County on such notice
to the Trustees and the other Unit Owners as the Court shall direct, for an order directing
the purchase of such remaining portion at the fair market value thereof as approved by
the Court, where as a result of a partial taking any Unit is decreased in size or where the
number of Units is decreased by a partial taking,then the Trustees may make such
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Bk 10839 Pg 117 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
provision for realignment of the percentage interest in the common areas and facilities as
shall be just and equitable.
In the event of a total or partial taking under the powers of eminent domain.,the Unit
Owners shall be represented by the Trustees in any related proceedings,negotiations,
settlements or agreements,and each Unit Owner shall be deemed to have appointed the
Trustees as attorney-in-fact for such purpose. In the event of a partial taking,the award
shall be allocated to the respective Unit Owners according to their undivided interest in
the common areas and facilities,except as to such portion or portions of the award which
are attributable to direct or consequential damages suffered by particular Units as
determined by the Court,which shall be payable to the Owners of such Units or their
mortgagees,as their interests may appear. Subject ect always to the prior rights of the Unit
y pp .l
Mortgagees,in the case of a total taking of all Units and the common areas and facilities,
the entire award shall be payable to the Trustees to be distributed to the Unit Owners and
their mortgagees in accordance with their respective percentage interests in the common
areas and facilities,
d. Improvements.„
A. If fifty(50%)percent or more but less than seventy-five(75%)percent of the Unit
Owners agree to make an improvement to the common areas and facilities,the
cost of such improvement shall be borne solely by the Owners so agreeing.
B, Seventy-five(75%)percent or more of the Unit Owners may agree to make an
improvement to the common areas and facilities and assess the cost thereof to all
Unit Owners as a Common.Expense,but if such improvement shall cast in excess
of ten(10%)percent of the then value of the Condominium, including the
Buildings and the common areas and facilities and the Units,any Unit Owner not
so agreeing may apply to the Superior Court of Essex County on such notice to
the Trustees and Unit Owners as the Court shall direct, for an order directing the
purchase of his Unit by the Trustees at fair market value thereof as approved by
the Court. The cost of any such purchase shall be a Common Expense.
710 Rules and Regulations,
A. The Trustees have adopted the initial Rules and Regulations set forth on Exhibit B
which is annexed hereto and is hereby incorporated herein by this reference and
made a part hereof, governing the details of the operation and use of the common
areas and facilities, and containing such restrictions on,and requirements
respecting the use and maintenance of,the common areas and facilities as are
consistent with the provisions of the Master Deed,and designed to prevent
unreasonable interference with the use by the Unit Owners of the common areas
and facilities.
B. The Trustees shall admauster such Rules and Regulations.
C. The Trustees may at any time and from time to time,arnend,rescind and waive,
any or all of such Rules and Regulations.
27
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10839 Pg 118 #21804
EXH113IT A: BY--LAWS
DECLARATION OF TRUST
D, The Trustees may at any time and from time to time,adopt other Ryles and
Regulations governing the details of the operation and use of the common areas
and facilities,and containing such restrictions on.,and requirements respecting the
use and maintenance of,the common areas and facilities as are consistent with the
provisions of the Master Deed, and designed to prevent unreasonable interference
with the use by the Unit Owners of the common areas and facilities.
E, Notwithstanding the foregoing provisions of this Section 7:
(i) The Trustees shall furnish copies of any new rule or regulation,or
amendment of any existing rule or regulation,to the Unit Owners prior to
the time when such new rule or regulation,or amendment, as the case may
be,shall become effective; and
(ii) The Unit Owners,by majority vote,may, at any time and from time to
time,rescind, amend or waive any rule or regulation promulgated by the
Trustees(including but not limited to the initial Rules and Regulations
referred to hereinabove); and
(iii) yAn waiver,recision, amendment, adoption or enforcement of a rule or
regulation whether by the Trustees or the Unit Owners, as hereinbefore set
forth, shall be uniformly binding upon all Unit Owners;provided that
(iv) No or rule regulation shall unreasonably derogate from the rights of the
gu
owners of Units entitled to use Exclusive Use Areas with respect to any
proposed rule or regulation dealing with Exclusive Use Areas; and further
prov�i ded that
The provisions of Section(o)of the Master Deed shall have precedence
�v� p
over the provisions of this Section 7.
The terra `common areas and facilities" shall include the Exclusive Use Areas but no rule
or regulation shall prevent any Unit Owner who has rights in or to an Exclusive Use Area
from using the same in accordance with,and subject to,applicable provisions of the
Master Deed of the Condommun.and of the Declaration of Trust of the Trust.
S■ Meet in s.
The Trustees shall meet annually on the date of the annual meeting of the Unit Owners.
Other meetings may be called by any Trustees,and in such other manner as the Trustees
may establish provided,however,that written notice of each meeting shall be given at
. y establish,
least five(5)days before such meeting to each member of the Board of Trustees. A r
majority of the Trustees shall constitute a quorum at all meetings. All meetings shall be
conducted in accordance with such rules as the Trustees may adopt.
There shall be an annual meeting of the Unit Owners on the first Wednesday in
December in each year at 8: k'.M. on the Condominium premises or at such other
reasonable place and time(not more than twenty-one(21)days before or after said date)
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Bk 10839 Pg 119 #21804
EXHIBIT At. BY--LAWS
D E CLAR.ATION OF TRUST
T
as may be designated b the Trustees by written notice given to the Unit Owners at lea s
y � �" t
: fourteen da s prior to the date so designated. Special meetings of the 'nit Owners
(14) y
may be called by them upon the written request of thirty-three(33%)percent of Unit
Owners. written notice of any such meeting designating the place,day and hour thereof
shall be g y given b the Trustees to the Unit Owners at least fourteen 1 4)days prior to the
date so designated. At the annual meeting of the Unit Owners,the Trustees shall submit
reports of the management and finances of the Condominium. whenever at any meeting
the Trustees to submit to the Unit Owners any matter with respect to which
propose
a approval of or action b the Unit Owners is necessary or appropriate,the notice of such
pp . y hall
meeting shall state and reasonably specify such matter. A quorum of Unit Owners s
g
consist of a ma'orit in interest of Unit Owners. Except(x)with respect to the election of
c J y . ' 'Trust
Trustees under Section 3 of this Trust,and(y)where other provisions of this ,these
By-Laws,or the Master Heed, or the Act require a greater percentage, any action taken at
of Unit Owners shall require the vote of at least a rnajarity of the beneficial
a meeting one 51°Io exoent,
interest hereunder. A maj ority is hereby defined as fifty }p
time,waive notice of an meeting in writing and
Any Trustee or Unit Owner may,at any y
such waiver shall be deemed equivalent to the giving of such notice. Attendance by a
T.T J
Trustee or nit Owner without objection to lack of notice at any meeting shall constitute
of by such Trustees or Unit Owner of notice of such meeting. If all of th
a waiver e
resent at an meeting of the Trustees,or if all of the Unit Owners are
Trustees are p y
meeting of the Unit Owners,respectively,no notice shalt be required and
present at any g y any business may be transacted at such meeting of the Trustees,or Unit Owners,
respectively.
Any action taken by unanimous written consent of all of the Trustees then in office shall
be fully valid as though ou taken at a meeting. Such writing shall be filed with the records
of the Trustees-.
Any action takeny b unanimous written consent of all of the Unit Owners shall be fully
g
valid as though taken at a meeting. Such writing shall be filed with the records of the
.
Unit Owners,
• at an annual or special meeting of the Unit Owners.
Unit Owners may vote by proxy y p
90 Notices to Unit Owners*
' Owner required under the provisions hereof,or which may be
Every notice to any Unit� �, p
y
deemed b the Trustees necessary or.desirable or which maybe ordered in any judicial
shall be deemed sufficient and binding if a written or printed copy of such
proceeding, Owner b leaving such
notice shall be given by one or more of the Trustees to such Unit y g
notice at his reside
nce a in the Condominium or by mailing it,postage prepaid,addressed
to such Unit Owner at his address as it appears upon the records of the Trustees, at least
five days prior to the date fixed for the happening of the matter,thing or event of
which such notice is given,unless a different period for the giving of such notice is
specified in these By-Laws.
29
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Bk 10839 Pg 120 #21804
EXHIBIT A.: BY-LAWS
DECLARATION OF TRUST
10.. Ins ion of Boobs; Reports to Unit owners.
The Trustees shall keep detailed records of the actions of the Trustees,minutes of the
meetings of the Trustees,minutes of the meetings of the Unit Owners, and financial
records and books of account of the Condominium, including a chronological listing of
receipts and expenditures, as well as a separate account for each Unit,which among other
p p things, shall contain the amount of each assessment of Common Exp ens es against such
Unit the date when due,the amounts paid thereon, and the balance remaining unpaid.
Copies of the Master Deed,this Trust and these By-Laws,Rules and Regulations,and
floor plans of the Building, as the same may be amended from time to time,shall be
maintained at the office of the Trustees. All of the foregoing records, accounts and
documents shall be available for inspection by Unit Owners,their authorized agents, and
lenders,mortgagees,holders,insurers and guarantors of any mortgage on any Unit at all
reasonable tines. "Available" shall mean available for inspection,upon request,during
1 business hours or under other reasonable circumstances. The Trustee s shall, as
x�arna.a
n as reasonably possible, after the close of each fiscal year,or more often if
. soon easo y p a y
convenient to them, submit to the Unit Owners a report of the operation of the'Trust for
such year,which shall include financial statements in such summary form and in such
detail as the Trustees shall deem proper. Except in the case of fraud committed by any
Trustees, any person(other than a mortgagee or mortgage insurer or guarantor)who has
been furnished with such report and shall have failed to object thereto by notice in
writingto the Trustees, given by registered or certified mail within a period of six
ty(60)
days s of the date of receipt by him, shall be deemed to have assented thereto. The holders
. .
insurer or guarantor of any first mortgage shall be entitled,upon written nonce to the
Trustees prior to the end of any fiscal year,to have an audited statement prepared within
one hundred twenty(120)days of the end of the Trusts fiscal year.
11*. Checks and Notes.
Prior to the expiration of the term of the Initial Board, checks, drafts and other
. p instruments for the payment of money drawn or endorsed in the name of the Trustees or
of the Trust may be signed b the sole member of the Initial Board. Prior to the
y � y .
expiration of the term of the Initial Board, all vouchers for the payment of any Common
Exp ens a shall be approved by both members of the Initial Board,
Subsequent to the expiration of the term of the Initial Board, checks,drafts and other
� p
instruments for the payment of money drawn or endorsed ,'n the names of the Trustees or
of the Trust may be signed by any two(2)Trustees, or by any person or persons(who
may be one of the Trustees)to whorl such pourer may at any time or from time to time be
designated by not less than a majority of the Trustees. Subsequent to the expiration of
the tear of the Initial Board, all vouchers,if any, for the payment of any Common
Expense shall be approved by not less than two(2)Trustees in each instance.
12.. Seat.
The'Trustees may, at any time or from time to time,at their discretion, adopt a seal
circular in form bearing the name of this Trust and the year in which this instrument was
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Bk 10839 Pg 121 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
T
recorded in the registry of deeds,or a connnon or wafer seal,which shall be valid for all
purposes,
13. Fiscal Year.
The fiscal year of the Trust shall be the calendar year, or such other date as may from
time to time be determined by the Trustees.
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Bk. 10839 Fg 122 ##21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
1 40-1 Mana enteat• E to ees.
The Trustees, at their discretion, may,but need not, appoint a real estate management
firm,or manager,to manage the Condominium,at such compensation,and upon such
terms and conditions as the Trustees see fit. If such management firm,or manger,is so
appointed,the Trustees may delegate to such firm or manager such duties as are
customarily and usually performed by condominium property managers in the Greater
Boston and North Andover area,or such duties as the Trustees may at any time and from
time to time,expressly delegate,provided,however,that the duties and powers,and
responsibilities of the Trustees under Sections 1.8; I.D; LE- 1.F; 1.Cr; 12; 1. ; 1.L;
l.M; 1.N; l.t:]; LP; ;4; 5; 6;7; S; 12, 15,23,29.8,30 and 34 of these By-Laws shall not
be so delegated to anyone whore so ever except the Trustees themselves,or to such of the
Trustees as the Trustees shall designate.
Notwithstanding anything to the contrary herein, any agreement for professional
management of the Condominium shall provide that the management contract may be
terminated for cause and without payment of a termination fee or penalty on ten(10)days
written notice, and without cause and without payment of a termination fee or penalty on
ninety(90)days'written notice,or less,and the term of any such contract shall not
exceed three(3)years; except that the term of any such management contract entered into
when the Declarant controls the Board of Trustees shall be cancelable by the Trust with
or without cause and without penalty or termination fee at any time after control of the
Board of Trustees is transferred to the Unit Owners.
During the term of the Initial Board,the Initial Board may hire and dismiss any
employees of the Condominium. Subsequent to the expiration of the term of the Initial
Board,the consent of not less than two(2)Trustees shall be necessary for the hiring and
dismissal of any employees of the Condominium.
15.: Use of Common Areas and Facilities.
Except as set forth in the next sentence, a Unit Owner shall not place or cause to be
placed on the common areas and facilities any furniture,packages or objects of any kind.
Propane gas tanks,owned by a propane supplier or suppliers, are buried under the
common areas and facilities and Limited Common Area. Concrete pads and air
conditioning equipment are located in the common areas and facilities and Limited
�
Common Area.The common stairways, if any, shall be used for no purpose other than for
normal transit through them.
1 6.: Attorneys, Accountants..,AvIlraiserso
The'Trustees may,but need not, engage the services of attorneys, accountants, appraisers,
architects, engineers, and other professionals in connection with their duties as such
Trustees,upon the payment of such fees and upon such other terms and conditions as the
Trustees shall decide, and such fees and other expenses in connection with such
employment shall be Connnon Expenses of the Condominium. The Trustees,in the
absence of fraud, shall be protected in reasonably relying upon the opinion of such
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Bk 10839 Pg 123 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
attorneys,accountants, appraisers, architects, engineers,or other professionals engaged
by the Trustees pursuant to their duties as such Trustees.
33
Bk 10839 Pg 124 #21804
EXHIBIT A: BY-LAWS
: DECLARA.TION OF TRUST
17. HeatOoolin ElectricityOther Utilities.
Heat,cooling, and electricity shall be supplied by the public utilities or other entities
servicing the area in which the Condominium is located, directly to each Unit through
separate meters. Each Unit Owner shall be required to pay all bills and assessments for
heat, cooling, electricity,propane gas, and other utilities(if any),consumed or used in his
Unit or used by the heating,ventilating and air conditioning system and hot water heater
serving his Unit.
18 Conduct* violations bv Unit owners.
A. The violation of any rule or regulation adopted by the Trustees,or the breach of
any of these By-Laws, or the breach of any provisions of the Master Deed or of
this Trust or for the offending Unit Owner's Unit deed, shall give the'Trustees the
right, in addition to any other rights set forth in these By-Laws,to enjoin, abate or
remedy y p pro b a m ate legal proceedings, either at law or in equity(or both)the
p
continuance of any such breach, In addition to the foregoing, and not in
substitution therefor, the Trustees shall have the power to levy fines against Unit
Owners for such violations. No fine may be levied for more than twenty-five
($25.00)dollars for any one violation but for each day a violation continues after
notice it shall be cohsidered a separate violation. Collection of fines may be
enforced against the Unit Owner or Unit Owners involved as if the fines were
Common Exp ens es owed by the particular Unit Owner or Unit Owners. In the
case of persistent violations by a Unit Owner, the Trustees shall have the power,
after notice and a hearing pursuant to Section 32 hereof,to require such Unit
Owners to post a bond to secure adherence to the Rules and Regulations,By-
Laws,Master Deed,the Declaration of Trust, or the Unit deed.
B, No Unit Owner shall make,permit or suffer any unreasonably disturbing noises or
vibrations by means of a radio,phonograph,stereo,television,piano or other
musical instrument or other device or form of technology of any description,or by
means of any activity of any description taking place in the Unit,or in any other
manner,by himself,his family, guests,agents, servants,or employees,nor do,
permit or suffer anything by such persons that will unreasonably interfere with the
' rights,comforts or conveniences of other Unit Owners or occupants. No radio,
phonograph, stereo,television or other device shall incorporate outside deck or
balcony speakers. No Unit Owner by himself,his fancily,guests,agents, servants,
or employees, shall make,permit or suffer any smoke,whether from a cigarette,
pipe, cigar, or other source,to be transmitted from his Unit to another Unit.
C. No part of the Condornir"um shall be used for any purposes except as permitted in
accordance with the Master Deed.None of the Units shall be used for any so
called time-sharing program or purpose,including without limitation, so-called
time span ownership,interval ownership,or a time-sharing license or lease
program. Nothing in this paragraph shall derogate from the right of a Unit Owner
to lease his Unit, subject to the provisions of the Master Deed.
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Bk 10839 Fg 125 #21804
EXHIBIT A. BY-LAWS
DECLARATION OF TRUST
D. There shall be no obstruction of the common areas and facilities nor shall
anything be stored in the common areas and facilities without the prior consent of
the Trustees, except as expressly permitted in the Master Deed or in the
Declaration of Trust of the Trust.
E. Each Unit owner shall be obligated to maintain and keep in good order and repair
his own Unit in accordance with the provisions of the Master Deed and the
Declaration of Trust of the Trust.
F. Nothing) shall be done or kept in any unit or the common areas and facilities
which will increase the rate of insurance or result in the cancellation of the
insurance on the Building except the uses resulting in an increase of premiums
may be made by specific arrangement with the trustees providing for a.payment
of such an increased insurance costs by the unit owner concerned.
All material which can be deemed to be"oil"or"hazardous materials"
(collectively,"hazardous materials")under any applicable law,rude,regulation or
ordinance shall be disposed of by the Unit Owner generating such materials in
accordance with all applicable laws,ordinances,rules and regulations. Under no
circumstances shall such hazardous materials be disposed of in any drain or
anywhere else within the condominium property. The trustees shall be entitled to
request,and to receive, evidence of proper disposal of such materials and Unit
Owners shall promptly respond to any such requests. The trustees shall incur no
liability whatsoever in connection with the provisions hereof. No Unit Owner or
occupant or anyone claiming by,through,or under the Unit Owner shall keep in
his Unit any flammable, combustible,or explosive fluid,material,chemical,or
substance,except for such of same as are customary for residential use,provided
that they are stored within safe and proper containers in accordance with
manufacturers recommendations and applicable laws,ordinances, and rules and
regulations. No material that may spontaneously combust or which is otherwise
considered a fire risk may be stored in any Unit but shall be disposed of as
required by applicable lavers,ordinances,rules and regulations. All city,state, and
federal health and safety regulations must be observed in connection with the
storage of any flammable or explosive substance.
O. No waste shall be committed in any Unit or the common areas and facilities.
H. Except for areas, if any,designated by the Trustees,there shall be no storing or
parking of baby carriages,boats,playpens,bicycles,wagons,toys,vehicles,
trailers,tools,benches, chairs or other items, in any part of the common areas and
facilities. There shall be no playing,lounging,riding of bicycles,wagon or toys or
roller-blading in any part of the halls,or stairways.
I. Each Unit Owner shall keep his or her Unit(and any exclusive,appurtenant
common areas)in a good state of preservation and cleanliness and shall not sweep
or throw or permit to be swept or thrown therefrom,or from the doors or windows
thereof, any dirt or other substance. The water closets and other water apparatus
35
Bk 10839 Pg 126 #21804
EXHIBIT A. BY-LAWS
DECLARATION OF TRUST
shall not be used for any purpose other than that for which they were constructed,
and no sweepings,rubbish,rags,paper, ashes,or other substances,including
diapers,femim'ne hygiene products(consisting of plastic and papery biodegradable
and non-biodegradable products)and the like,shall be thrown therein. Any
damage to plumbing systems of the Condominium resulting from such misuse
shall be paid for by the Unit Owner who shall have caused or permitted it and the
Trustees may assess such Unit Owner therefor,
J. Subject to the Telecommunications Act of 1996, all radio,television,and other
electrical equipment of any kind or nature installed or used in any Unit shall fully
comply with all rules,regulations,requirements,or recormnendations of the Fire
Insurance Rating Board and the public authorities having jurisdiction,and the
Unit Owner shall be liable for any damage or injury caused by any radio,
television,or other electrical equipment in his or her Unit, and the Trustees may
assess such Unit Owner therefor.
K, Subject to the rights and privileges of the Declarant granted,reserved,contained,
or referred to 'in the Master Deed or the Declaration of Trust,any maintenance,
repair of replacement of common areas and facilities wWch is the responsibility of
a Unit Owner pursuant to the Master Deed or the Declaration of Trust shall be
done only by contractors or worlanen approved in advance by the Trustees and no
unauthorized person including a Unit Owner, shall be pexnlitted in any common
mechanical,utility or like rooms and areas,of the Condominium without the prior
consent of the Trustees.
L. All personal property of the Unit Owners and any other occupants of a Unit,in
Units,garages and elsewhere,as the case may be, shall be kept therein at the sole
risk and responsibility of the respective Unit Owners,and none of the Trustees,
their designated agents,the Declarant of the Master Deed,nor their respective
successors or assigns,shall bear any responsibility therefor.
M. In addition to the other By-Laws contained herein and promulgated from time to
time,the use of a deck or porch appurtenant to a Unit shall be subject to the
following:
(i) In no event shall a deck or porch be enclosed or otherwise used for
continuous dwelling purposes,except(x)by the Declarant, (y)or by prior
written consent of the Trustees of the Condominium Trust,
(ii) Nothing shall be placed on a deck or porch which in the opinion of the
Trustees unreasonably obstructs sight lines from other Units.
(iii) Any lighting installed by a Unit Owner on a deck or porch will be subject
to the prior approval of the Trustees, and will be limited to incandescent
accent lighting only. In no event will any such lighting be moving,
flashing or neon, and no light on a deck or porch will have a wattage
output greater than 150 watts. No such lighting will be directed towards a
36
Bk 10839 Pg 127 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
window or windows of any Knit or Units. All replacements of lighting
fixtures shall conform with the original equipment specifications.
(iv) The railings,if any,installed by the Declarant will be maintained or
replaced, as appropriate,by the Trustees and at the expense of the Unit
Owners to whose units the use thereof is appurtenant, in accordance with
applicable provisions of the Master Deed, so as to maintain the intended
and initially provided degree of privacy and so as to be of neat and sightly
appearance. Any variations will be subject to the prior written consent of
the Trustees. All planting and other landscaping on a deck or porch will
be ornamental in nature(but may include herb-gardens),and in no event
will there be any artificial landscaping.
(v) Any and all ftu-niture and furnishings placed on any deck or porch will be
subject to the prior approval of the Trustees, and will be moveable,high
quality,outdoor"deck"type furniture of a proper weight to take into
account wind and storm conditions.
(Vi) No flags(other than the flag of the United States of America),windsocks,
kites or wind chimes will be permitted to be hung,displayed,draped or
posted to or from any outside of windows or placed on the outside or
doors o f the Buildings,or on the entrance do ors to Unts, or from a deck or
porch.
: N. No Unit[owner or o ccup ant shall send any employee of the managing agent out of
the Buildings on any private business.Any complaints regarding any services in
the Condominiwn shall be made in writing to the managing agent and the
Trustees.
0. Any consent or approval given by the Trustees may be added to, amended, or
repealed at any time by the Trustees.
P. The Trustees of the Condominium Trust will from time to time make
arrangements with a private trash hauler for periodic trash picks-ups.The owner
of each Unit shall, at his own cost and at his own initiative,place his trash at curb-
side or at another location specified by the Trustees on days and at times specified
by the Trustees for pickup by such trash hauler.
No Unit Owner shall engage in or permit any noxious or offensive activity or any
nuisance by himself,his family,servants, employees, agents,visitors, lessees,
licensees,or business invitees,nor do himself or permit anything to be done by
such persons, either willfully or negligently,that may be,or become an
annoyance or nuisance to the other Unit Owners or occupants;will interfere with
the rights, comforts,or convenience of other Unit Owners or occupants;may or
does cause damage to any other Units or to the common the areas and facilities;or
results in the removal of any article or thing of value from any other Unit Owners
or from the common areas and facilities of the Condominium. Any Unit Owner
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Bk 10839 Pg 128 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
making or permitting such a nuisance,interference, damage,or removal shall be
responsible for the elimination of such nuisance or interference and for the costs
of the repair of such damage or replacement of the item removed. The Trustees
may assess to such Unit owner such costs which shall be enforceable in the same
manner as Common Expenses,
R. No coal stoves,good stoves,kerosene heaters, space heaters or similar devices
shall be permitted in any Unit. The Trustees may enter any Unit to correct any
noncompliance with this provision,at the expense and risk of the owner of such
Unit and the Trustees may assess such Unit Owner for the cost of such correction,
which cost shall be assessed in the same manner as a Common Expense.
S, All window shades draperies, as well as any other window treatments and
hanging material,which must be.furnished and installed, and maintained,repaired
and rep l aced by each Unit Owner at such Unit Owner's exp ens e,must be fire
resistant and in compliance with standards set by the New England Fire Insurance
Rating Board, and may not be closer than one inch(1"�to heating units.
196. violation of Law.
No noxious or unlawful activity shall be cared on in any Unit or in the common areas
and facilities nor shall anything be done therein, either willfully or negligently,which
may be or become unreasonably annoying to the other Unit owners or occupants.
20. Maintenance and Repairs.
A. with respect to stand-alone Units(ie the sole Unit in a Building)all maintenance
and repairsre replacement of and to the Unit,ordinary or extraordinary,structural
p
and non-structural, exterior and interior,and to electrical,plumbing, and heating,
ventilating and air conditioning fixtures and equipment within the Unit or
belonging to the Unit owner,or serving the Unit,wherever located,which are not
a part of the common areas and facilities(other than Limited Common Area), and
the washing of exterior and interior glass shall be done by the Unit owner at the
Unit owners expense, excepting as otherwise specifically provided herein and in
the Master Deed.
B. with respect to Units situated in a Building that contains two(2)Units,all non-
structural maintenance and replacement of and repairs to the Unit,ordinary or
extraordinary, and to electrical,plumbing,and heating,ventilating and air
conditioning fixtures and equipment within the Unit or belonging to the Unit
Owner,or serving the Unit,wherever located, which are not a part of the common
areas and facilities(other than Limited Common Area), and the gashing of
exterior and interior glass shall be done by the Unit owner at the Unit Owner's
expense,excepting as otherwise specifically provided herein and in the Master
Deed.
C, with respect to all Units,each Unit Owner shall be responsible for all damage to
any and all other Units and to the common areas and facilities that his failure to
38
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DECLARATION OF TRUST
carry out his maintenance,repair and replacement obligations may engender.
Maintenance,repair and replacement of doors(glazed and unglazed),windows
and glazed areas in exterior and interior walls of a Unit,including door and
window fraines, sash,trim and moldings shall be performed by the Unit Owner,
using the original materials and colors unless otherwise expressly authorized in
writing by the Trustees in each instance prior to the work being performed.No
exterior walls,roof or other feature or exterior doors or windows or door or
window sashes,frames,trim or molding which face the common areas and
facilities or the exterior may be painted or decorated in any manner other than
using the original material and colors,unless otherwise expressly authorized in
writing by the Trustees in each instance prior to the work being performed.
D. All maintenance,repairs and replacements to Limited Common Areas shall be
made by the Unit Owner or Unit Owners entitled to the use of such Limited
Common Area,
E. All maintenance, and replacements of and repairs to the common areas and
facilities as defined in the Master Deed,shall be made by the Trustees and shall
be a Common Expense,except to the extent that the same are necessitated by the
negligence,misuse or neglect of a Unit Owner, in which case such expense shall
be charged to such Unit Owner.
21.: Right of Access-Vass Ike s.
Subject to the provisions of Mas s achusetts General Laws, Chapter 183A, Section 4,
Clause(2),the Trustees in their capacities as such Trustees, and any manager engaged by
the Trustees, and any persons authorized by the Trustees or such manager shall have a
right of access to all Units,garages, and all parking areas in the Condominium, at any
time in case of emergency, and at all other tunes during reasonable times by prior
appointment with each Unit Owner,for the purpose of making inspections or repairs or
maintenance to any of the common areas and facilities therein or accessible therefrom or
for making emergency repairs therein necessary to prevent damage to the common areas
and facilities or to another Unit or Units.
221. Pets,
Not more than two(2)ordinary dorm a sti c pets and animals may be kept by any Unit
Owner,occupant or guest.No reptiles, arachnidas or exotic animals may be kept by any
Unit Owner,occupant or guest.The Trustees shall have the right(but not the obligation)
to prohibit certain breeds of animals. The Trustees shall have the night to deterno.ine,in
their judgment,that any particular animal is a nuisance and to order the removal of such
animal from the Condominium.No such pets shall be permitted in any part of the
Condominium(other than within the Unit and Limited Common Area of the Owner
thereof)unless carried or on a leash.The Unit Owner or person walking such pet or
animal shall immediately clean up any and all droppings for which his pet or animal is
responsible in or about the Condominium,including,without limitation,the sidewalks
and exterior landscapes. Any Unit Owner keeping a pet or animal in violation of the
39
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EXF BIT A: BY-LAWS
DECLARATION OF TRUST
foregoing,or which causes any damage to or requires cleanup of any Unit(other than the
Unit of the owner of such pet or animal)or the common the areas and facilities or which
is offensive or causes or creates any nuisance or unreasonable disturbance or noises shall
be personally liable for the cost and expense of any repair of such repair,cleanup and/or
elimination of such disturbance or nuisance, After due notice and hearing in accordance
with Section 32 hereof,the Trustees may require any Unit Owner to permanently remove
any pet which has habitually been guilty of annoying or harassing any Unit Owner or
occupant, The Trustees shall assess to such Unit Owner all costs of enforcement and until
paid the same shall constitute a lien against the Unit of such Unit Owner pursuant to the
• provisions hereof and Section 6 of the Act.
23.- Structural Inte ri .
Subject to the rights of the Declarant as referred to in the Master Deed granted,reserved,
contained,or referred to in the Master Deed or in the Declaration of Trust of the Trust,
including the Rules and Regulations,nothing shall be done in any Unit or in,or to the
common areas and facilities,that will impair the structural and/or architectural integrity
of, or structurally or architecturally change,the Buildings or any common areas and
facilities,or that will in any way destroy or adversely affect the water-tightness of the
Buildings.
24, No Alterations,
Neither the exterior of any Unit nor the common areas and facilities shall be altered,
constructed,removed,decorated or painted in any manner except(x)using the original
material and colors or(y) as otherwise expressly authorized in writing by the Trustees in
each instance prior to the work being performed. Subject to the provisions of Section 18.
hereof, any Unit Owner is free to decorate the interior of his Unit in any manner as he
sees fit without requiring the consent of the Trustees so long as such decorations do not
alter the structure of the Unit or the Buildings.
25.:
No business,professional,commercial or other signs,whether designed for profit,
altruism or otherwise shall be maintained or permitted on any part of the property except
(x)by the Declarant,and(y)temporary"For Sale". "For Rent",or"For Lease" signs may
be permitted thereon.
26.* Combustible Materials.
No Unit Owner shall permit or suffer the keeping at any time of any flammable,
combustible or explosive fluid or substance in or on any portion of the Condominium.
(including but not limited to his Unit)except only for such lighting and cleaning fluids as
are customary for residential use. No Unit Owner shall permit or suffer the keeping at
any time of any flammable, combustible or explosive fluid or substance in any vehicle
paned in the garages or driveways or elsewhere on the Land, except for gasoline or
diesel fuel ordinarily contained in the fuel tank of such vehicle and such lubt icating and
i
f
40
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Bk 10839 Pg 131 #21884
EXHIBIT A: BY"-LAWS
DECLARATION OF TRUST
other fluids as are ordinarily contained within the vehicle and used in its normal
operation,
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Bk 10839 Pg 132 #21804
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DECLARATION OF TRUST
27.; Safes.
Each Unit Owner assumes complete responsibility for the safety of himself,his family,
guests, agents, servants and employees while such persons are in his Unit,or any other
Unit,or on the common areas and facilities of the Condominium,
28. Sale of Units
: A, No Severance of Ownership
No Unit Owner shall execute any deed,mortgage,or other instrument conveying
or mortgaging title to his Unit without including therein the Appurtenant Interests
(as hereinafter defined);it being the intention hereof to prevent any severance of
such combined ownership. Any such deed,mortgage, or other instrument
purporting to affect one or more of such interests,without including all such
interests, shall be deemed and.taken to include the interest or interests so omitted,
even though the latter shall not be expressly mentioned or des crib ed.therein. No
part of the Appurtenant Interests of any Unit may be sold, transferred,or
otherwise disposed of,except as part of a sale,transfer, or other disposition of the
Unit to which such interests are appurtenant,or as part of a sale,transfer,or other
disposition of such part of the Appurtenant Interest of all Units. "Appurtenant
Interests',as used herein, shall be the undivided interest of a Unit Owner in the
common areas and facilities.
B. Financing of Purchase of Units by Trustees
With the prior written approval of at least fifty-one(51%)percent of the
beneficial interests hereunder(the vote of the Unit Owner of the Unit which is the
subject of such vote shall not be counted;the vote appurtenant to unsold Units
owned by the Declarant will not be counted),the Trustees may acquire Units of
the Condominium, Acquisition of Units by the Trustees may be made from any
funds in the hands of the Trustees;or if such funds are insufficient,the Trustees
may levy an assessment against each Unit Owner in proportion to his beneficial
interest as a Common Expense;or the Trustees,in their discretion, may borrow
money to finance the acquisition of such Units,provided,however,that no
financing may be secured by an encumbrance or hypothecation of any property
other than the specific Unit or Units with Appurtenant Interests so to be acquired
by the Trustees. Nothing in this Subsection B of this Section shall be construed as
compelling any Unit Owner to sell his Unit. Nothing in this Subsection B of this
Section shall have any effect,nor limit in any manner the rights and remedies of
the Trustees under the provisions of Section 6 of the Act,or under the provisions
of Section 2 hereof.
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DECLARATION OF TRUST
C. '"waiver of Might of Partition
In the event that a Unit shall be acquired by the Trustees,all Unit Owners shall be
deemed to have waived all rights of partition with respect to such Unit or Units as
are acquired by the Trustees,
D. Payment of Assessments
No Unit Owner shall convey, mortgage,pledge,hypothecate,or sell his Unit
unless and until he shall have paid in full to the Trustees all unpaid Common
Expenses theretofore assessed by the Trustees against his Unit and until he shall
have satisfied all unpaid liens against such Unit. This paragraph shall not apply to
any first mortgagee of any Unit,
29. Nondiscrimination.
Notwithstanding anything to the contrary herein,no provision of the Master Deed.,
Declaration of Trust,By-Laws or the Mules and Regulations now or hereafter adopted or
promulgated shall ever be deemed to prevent,restrict,discourage,or hinder in any
manner whatsoever the alienation, conveyance,mortgage,purchase,sale,use,or
occupancy of Units or any negotiations in connection therewith because of race,religion,
creed,color,national origin, sex, sexual orientation,age, ancestry,marital status,status as
a veteran or member of the armed services,or any ethnic group,blindness,or by reason
of the fact that children will occupy such Unit,receipt of public assistance,or, in addition
to the foregoing by any reason whatsoever prohibited by any federal, state,or municipal
law.
30, Percents a of Unit owners.
Whenever the term"percentage of Unit Owners" or"Percentage of Units" is used in this
instrument, said terms shall mean the owners of the specified percentage in the aggregate
in interest of the undivided ownership in the common areas and facilities of the
Condominium,
31. Protection of Mort a ees; Federal Home Loan Mortgage Corporation,*, Federal
National Mortizage Association. '
A, Certain Definitions
(i) The term"FH LMC"means Federal Home Mortgage Corporation.
(11") The term 'FNMA"means Federal National Mortgage Association.
(iii) The term "Eligible Mortgage Holder"means a holder of a first mortgage
on a Unit who has requested notice of certain matters from this Trust as set
forth in these By-Laws.
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EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
: (iv) The term "Eligible Insurer or guarantor's means an insurer or
governmental guarantor of a first mortgage who has requested notice of
certain matters as set forth in these By-Laws.
(v) The term Constituent Documents means,collectively,the Master Deed,
the Declaration of Trust and the By-Laws and Rules and Regulations
thereto and the Master Plans.
B. Certain Prohibitions
Notwithstanding anything to the contrary in the Constituent Documents:
(i) There shall be no restriction upon any Unit Owner's right of ingress or
egress to his or her Unit,which right shall be perpetual and appurtenant to
the ownership of the Unit.
(ii) Other than the provisions of the Master Deed,there shall be no restriction
on the right of a Unit Owner to sell,transfer or otherwise convey his or her
Unit. Other than as set forth in Section(m)of the Master Deed,there shall
be no "right of first refusal" so called or any similar restriction.
(iii) There shall be no restriction on the right of any Unit Owner to mortgage or
otherwise encumber his Unit.
(iv) Prior to the passage of control of this Trust to consumer Unit purchasers,
no management contract shall be entered into unless this Trust is provided
with a right of termination of any such contract or lease-with cause on ten
(10)days notice,or without cause on ninety(90)days notice,in both cases
exercisable without penalty at any time after transfer of control.
C. Rights of Eligible Mortgage Holders and Eligible Insurers or guarantors
Notice of Action; Upon written request to the Trustees identifying the name and
address of the mortgage holder, insurer or guarantor and the Unit number or
address, any first mortgagee and any such Eligible Mortgage Holder or Eli gibl e
Insurer or guarantor will be entitled to timely written notice of:
(i) Any condemnation loss or any casualty loss that affects either a material
portion of the project or any Unit on which there is a first mortgage held,
insured,or guaranteed by such Eligible Mortgage Molder or Eligible
Insurer or guarantor, as applicable;
(ii) Any delinquency in the payment of assessments or charges owned,or
default in the performance by the borrower of any obligation under the
Constituent Documents,by an owner of a Unit subject to a first mortgage
held,insured or guaranteed by such first mortgage holder or Eligible
Molder or Eligible Insurer or guarantor, which remains uncured for a
period of 60 days;
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Bk 10839 Pg 135 #21804
EXR BIT A.: BY-LAWS
DECLARATION OF TRUST
(iii) Any lapse,cancellation or material modification of any insurance policy
or fidelity bond maintained by the Trust;
(iv) Any proposed action which would require the consent of a specified
percentage of Eligible Mortgage Folders.
D. Amendment to Documents
(i) where Unit Owners are considering termination of the legal status of the
project for reasons other than substantial destruction,or condemnation of
the property the consent of owners of Units to which at least sixty-seven
(67%) ercent of the votes in this Trust are allocated and the approval of
p
Eligible Mortgage Holders representing at least sixty-seven(67%)percent
of the votes of the mortgaged Units shall be required to tenninate the legal
status of the project as a Condominium.The approval of an Eligible
Mortgage Holder may be assumed when an Eligible Mortgage Holder fails
to submit a response to any written proposal for an amendment within
thirty(30)days after it receives proper notice of the proposal,provided the
notice was delivered by certified or registered mail,with a"return receipt"
requested.
(ii) Any action to terminate the legal status of the project after substantial
destruction or condemnation occurs, shall require the consent of owners of
Units to which at least sixty-seven(67%)percent of the votes in the Trust
and Eligible Mortgage Holders representing at least fifty-one(51%)
percent of the votes of the Units that are subject to mortgages held by
Eligible Mortgage Holders.
(iii) Except as set forth otherwise in the Master Deed,with respect to phasing
p
and other matters,the consent of the owners of Units to which at least
sixty-seven(67%)percent of the votes in the Trust are allocated,and at
least fifty-one(51%)percent of the Eligible Mortgage Holders(based on
one vote for each Unit subject to a mortgage held by an Eligible Mortgage
Holder),shall be required to add or amend any material provisions of the
constituent documents of the project,which establish,provide for, govern
or regulate any of the following:
(a) voting rights;
(b) increases in assessments that raise previously assessed amounts by
more than twenty-five percent, assessment liens or the priority of
such liens;
(c) reductions in reserves for maintenance,repair and replacement of
the common areas;
(d) responsibility for maintenance and repairs;
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DECLARATION OF TRUST
[e� reallocation of interests in the general or limited common areas and
facilities or rights to their use;
(f) redefinition of any Unit boundaries;
(g) expansion or contraction of the project,or the addition,annexation
or withdrawal of property to or from the project,
(h) convertibi l ity of Units into common areas and facilities or vice
versa#
(i) hazard or fidelity insurance requirements;
except as set forth iri the Master Deed and this Trust,imposition of
any restrictions on the leasing of Units;
(k) a decision by the Trust to establish self-management if
professional management had been required previously by an
Eligible Mortgage Holder;
(1) imposition of any restrictions on a Unit Owner's right to sell or
transfer his or her Unit;
(m) restoration or repair of the project(after hazard damage or partial
condemnation)in a manner other than that specified in the
Condominium constituent documents; or
(n) any provi s ions which are for the express benefit of Mortgage
Holders,Eligible Mortgage Holders or Eligible Insurers or
Guarantors of mortgages on Units.
(iv) An addition or amendment to such documents shall not be considered
material if it is for the purpose of correcting technical errors,or for
clarification only. An Eligible.Mortgage Holder who receives a written
request to approve additions or amendments which are not material who
does not submit a response to the requesting party within thirty(30)days
after the request is made shall be deemed to have approved such request.
Additionally, 'if specifically provided by any applicable FNMA regulation,
implied approval of any addition or amendment may be assumed when an
Eligible Mortgage Holder fails to submit a response to any written
for an amendment within 3o days after the proper notice of the
proposal y p p
proposal is received,provided the notice has been delivered to the
mortgage holder by certified or registered mail,return receipt requested,
This clause(iv) shall not apply to FHLMC.
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DECLARATION OF TRUST
E. Right of Action
Subject to the provisions of Section 1.0 hereof,the Trust and any aggrieved Unit
Owner shall have a right of action against Unit Owners for failure to comply with
the provisions of the Trust and the By-Laws and Mules and Regulations thereto,
the Master Deed,the Master Plans and each Unit deed and Unit plan,and with
decisions of the Trustees of this Trust. Each Unit Owner shall have a similar right
of action against the Trust. Any such action may be brought in any court of
competent jurisdiction,
F. First Mortgagee Obtaining Title
Any first mortgagee who obtains title to a Condominium Unit pursuant to the
remedies provided in the mortgage or foreclosure of the mortgage will not be
liable for such Units unpaid dues or charges which accrue prior to the acquisition
of title to such Unit by the mortgagee except as otherwise set forth in subsection 6
of the Act.
G. Additional Prohibitions
Except as provided by statute in case of condemnation or substantial loss to the
Units and/or common elements of the Condominium project, and except as
otherwise set forth in the Master Deed as to phasing, and except as otherwise set
forth in the Master Deed, unless at least two-thirds(2/3)of the first mortgagees
(based upon one vote for each first mortgage owned),or owners(other than the
sponsor,developer or builder)of the individual Condominium Units have given
their prior written approval,the Trust shall not be entitled to:
(i) by act or omission, seek to abandon or terminate the Condominium
prof ect;
(ii) change the pro rata interest or obligations of any individual Condominium
Unit for the purpose of(1)levying assessments or charges or allocating
distributions of hazard insurance proceeds or condemnation awards,or(2)
determining the pro rats share of ownership of each Condominium Unit in
the common elements;
(fii) partition or subdivide any Condominium Unit;
(iv) by act or omission, seek to abandon,partition.,subdivide,encumber, sell or
transfer the common elements. (The granting of easements for public
utilities or for other public purposes consistent with the intended use of the
common elements by the Condominium project shall not be deemed a
transfer within the meaning of this clause);
(v) use hazard insurance proceeds for losses to any Condominium property
(whether to Units or to common elements)for other than the repair,
replacement or reconstruction of such Condominium property.
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DECLARATION OF TRUST
(vi) No provisions of the constituent documents shall give any Unit Owner or
Owners or any other party or parties priority over any rights of first
mortgagees of Condominium Units pursuant to their mortgages in the case
of a payment to Condominium Unit Owners of insurance proceeds or
condemnation awards for losses to or taking of Condominium Units and/or
common areas and facilities.
H, vote or Consent
The right of any Unit Owner to vote or grant or withhold any consent or exercise
any rifts pursuant to the provisions of the Declaration of Trust and the By-Laws
and Rules and Regulations thereto or the Master Deed may be assigned to or E
restricted in favor of any mortgagee,and the Trustees shall be bound by such
assignment or restriction, provided,however, that such assignment or restriction
does not conflict with the provisions of the Act and that the mortgagee has
notified the Trustees of such assi ent or restriction in writing.
1
� .g
I. Rights and Duties
Each Unit Owner shall be sub cot to all the rights and duties assigned to Unit
Owners in the Constituent Documents. Except as expressly otherwise set forth in
the Constituent Documents with respect to rights and easements reserved to the
Declarant, the Declarant's rights and duties under the provisions of the
Constituent Documents with respect to unsold Units shall be the same as any
other Unit Owner.
J. Information
The Trust shall promptly deliver the following information,in writing, to any
mortgagee,mortgage holder,mortgage servicer,holder, guarantor or insurer of a
mortgage,FHLMC or FNMA,requesting same in writing hand furnishing the
requesting paarty's name, address, and the number or address of the Unit on which
it holds or insures or guarantees or services a mortgage),without expense to the
requesting party:
(i) notification of any default in the performance by the individual Unit
borrower of any obligation under the Condominium Constituent
Documents which is not cured within sixty(60)days;
(ii) a written certification as to whether or not the Owner of any Unit
encumbered by a mortgage held or serviced,in whole or in part,by the
requesting party, is more than one(1) month delinquent in the payment of
Condominium common area charges or assessments,
(iii) a written certification as to the percentage of Unit Owners who are more
than one(1)month delinquent in the payment of Condominium common
area charges or assessments;
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Bk 10839 Pg 139 #21804
EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
(iv) a statement to the best of the Trust's knowledge as to the percentage of
Units which have been sold and conveyed to bona fide purchasers(who
have closed or who are legally obligated to close)and the percentage of
Units which are occupied by individual Unit Owners as their primary year
round residence;
(v) any condemnation or casualty loss that affects either a material portion of
the project or the Unit securing its mortgage,
(vi) a lapse,cancellation or material modification of any insurance policy
maintained by this Trust; and
(vii) any proposed action that requires the consent of a specified percentage of
Eligible Mortgage Holders,
K. FH LMC; FNMA
The provisions of this Section 31 are set forth so that the Condominium will
comply with the requirements of FHLMC, and FNMA,and the provisions of this
Section 31 shall be construed and interpreted in accordance with that intention.
Notwithstanding anything to the contrary in the constituent documents, the
provisions of Section(g)of the Master Deed and Section 15 of these By-laws
shall at all times take precedence over all provisions in this Section 31.
. k
32.' Right to Notice and Hearin .
y q A. whenever these B require uire that an action be taken after"Notice and �
.
Hearing",the following procedure shall be observed: All hearings shall be
conducted by at least a majority of the Trustees. The Trustees shall give wr%tten
notice of the proposed action to all Unit Owners or occupants of Units whose
interest would be significantly affected by the proposed action, The notice shall
include a general statement of the proposed action and the date,time and place of
the hearing. At the hearing,the affected person shall have the right,personally or
by a representative,to give testimony orally,in writing,or both, subject to
reasonable rules of'procedure established by the Trustees to assure a prompt and
orderly resolution of the issues. The affected person shall have the right to
question the Trustees and any witnesses with respect to the subject matter of the
hearing. If the hearing involves an alleged breach,by the affected person,of any
of the provisions of the Master Deed,the Declaration of the Trust,or the By-Laws
and Rules and Regulations thereto,or any Unit deed,the affected person shall be
informed,with specificity, of the exact nature of the violation, and of the
provision which he or she has allegedly violated, and the affected person shall
have the right to question any witness to such alleged violation. The Trustees
need not comply with the strict legal rules of evidence observed by courts,but
they shall consider only such evidence as reasonable people customarily consider
in making important decisions. Nothing herein shall be deemed to limit the right
of the Trustees,the affected person,or any Unit Owners or occupants affected to
49
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ExHIIB 1'T A: BY-LAWS
DECLARATION OF TRUST
bring legal action with respect to the subject smatter of any hearing,or any
decision of the Trustees.
B. when the subject matter of the hearing is Section 3,D of the Declaration of Trust,
the reference to Trustees as the persons conducting the hearing shall be deemed to
mean Unit Owners entitled to at least fifty-one(51%)percent of the beneficial
interest under this Trust,
330 Contractorst work in Units.
No construction,renovation or other work may be conducted in any Unit,whether by the
Owner thereof or any contractor or tradesperson, except during days and hours
designated by the Trustees in a uniform manner.
34.' Unit First Mort a es.
Notwithstanding anything to the contrary contained herein:
A. Notice to Trustees
A.Unit Owner who mortgages a Unlit, and the Unit mortgagee of such Unit, each
shall notify the Trustees of the name and address(and any changes therein)of
such Unit's mortgagee,and the Trustees shall list and maintain such information
in a separate book. All provisions herein and in the Master Deed calling for
notice to be given to(or for consent to be obtained from)mortgagees or mortgage
holders whether or not the provision in question so specifies, shall relate to and
require only the giving b United States mail(postage prepaid)of such notice to
q y � g �
(and obtaining such consent from)institutional(or other bona fide)Unit first
mortgage holders for which such information has been provided to the Trustees
(such mortgages a beingreferred.to sometimes hereinafter as "listed first
mortgages", and such holders thereof being referred to sometimes hereinafter as
„listed first mortgagees"). Upon receipt of written notice from a listed first
mortgagee by the Trustees requesting the same,the Trustees will make a notation
on the aforesaid list so to do and will send to such listed first mortgagee notice of
(and, if applicable,request for consent to)the granting of an easement or other
interest or the granting or designation of a limited common area,or the taking of
other action by the Trustees affecting the Unit,to which such listed first
mortgagee is entitled to notice(and,if applicable,to which it is being requested to
consent)pursuant to the provisions of Section 5(b)of said Chapter 183A.
50
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EXHIBIT A: BY-LAWS
DECLARATION OF TRUST
Be Notice to Mortgagees
To the full extent the same may be effective under applicable provisions of
Chapter 183A.,the Trustees,by the execution and delivery of this instrument,
hereby notify all Unit Owners and all Unit mortgagees that,until further written
notice to the contrary,the Trust hereby created shall be known as and named the
"Old Salem.Village of North Andover Condominium Trust"and shall have a
mailing address at the Condominium premises at 1538 Turnpike Street, forth
Andover,Massachusetts 01845. In accordance with the requirements of Section 4
of Chapter 183A.,the Trustees will notify each listed first mortgagee of the
foregoing(and changes therein), All notices sent or required under the
g g of any
provisions hereof or the provisions of said Chapter 183A to be sent to the Trust
shall be sent to it at the foregoing address,as the same may be changed by notice
from time to time in accordance with the foregoing and the requirements of
Chapter 183A; and,in any event,until such time as the Declarant no longer is
entitled to appoint the Trustees or a majority thereof hereunder,with a copy of all
such notices intended for the Trust to be sent simultaneously to the Trustees c/o
Kay-Lime, Inc., 1538 Turnpike Street,North Andover,Massachusetts 01845,
The Trustees,whenever so requested by the listed first mortgagee of a Unit, shall
promptly provide to such mortgagee its accordance with such request a written
notification of:
(i) any then unpaid common charges due from, or any other default by,the
Unit Owner of the mortgaged Unit if any such default is not cured within
sixty(60)days of notice of the same to the Unit Owner;
(11) any condemnation loss or any casualty loss that affects a material portion
of the Condominiums or any Unit on which there is a first mortgage held
by such mortgagee;
(iii) an
lapse,cancellation,or material modification of any insurance policy or
y p
fidelity bond maintained by the Trust;
(iv) any proposed action that,under the provisions of this instrument or of said
Chapter 183A,would expressly require the prior written consent or
approval of a specified percentage of listed first mortgagees or of such
mortgagee in particular.
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EXHIBIT B: RULES AND REGULATIONS
DECLARATION OF TRUST
EXHIBIT B
Incorporated into and made a part of the BY-Laws of Old Salem Village of North
Andover Condominium Trust.
RULES AND RE OULATI ONS OF
OLD SALEM VILLAGE OF NORTH ANDOVER CONDOMINIUM TRUST
14. No Obstruction of Common Areas and.Facilities.
No one shall unreasonably obstruct any part of the common areas and facilities,including
Limited Common Areas,without prior consent of the Trustees.
20' Toys Babv Carrie es Bic cles.
No baby carriages,toys,playpens,bicycles,velocipedes,benches,chairs or other articles
shall be placed on any part of the common areas and facilities except when such articles
l a nit Owner or his family or guests.All bicycles must be stored in
are�n actual use by U" y gu y
the owner's unit or in the bicycle room.
3. : Trash.
All garbage and trash must be placed in the proper receptacles for collection in
accordance with the yp
olio romulgated from time to tine by the Trustees, and no
p
garbage or trash shall be placed elsewhere upon any of the common areas and facilities.
4. : Exterior AiDgaratuso
Subject to the Telecommunication Act of 1996,under no circumstances shall any air
cond g apparatus a aratus(other than such of same as was installed by the Declarant),
television or radio antennas,clothes line,clothes rack or any other such device or other
items be installed on the exterior of any Unit, or on the common areas and facilities,or be
permitted to be hung out of a Unit.
5. Dama e.
Any damage to any Building,equipment or common areas and facilities cause by a Unit
owner,or such Unit Owner's family,visitor, or pet shall be repaired at the expense of the
Unit Owner.
6, Complaints.
Complaints regarding the management of the Condominium or maintenance of the
common areas and facilities,or regarding actions of other Unit Owners or occupants,
shall be made in meting to the Trustees. No Unit Owner shall attempt to direct,
supervise, or in any manner attempt to control or request favors of any employee of the
Trust.
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