Petition #4859
EXHIBIT “A”
The land together with the buildings and improvements thereon situated in Yarmouth, Barnstable
County, Massachusetts, described as follows:
LOTS 4, 5 AND 6
Land Court Plan No. 11622-A3 (Sheet 2)
For Declarant’s title see Certificate of Title No. 155884 issued by the Barnstable County
Registry District of the Land Court.
EXHIBIT “B”
UNIT
DESIGNATION
1
2
3
4
5
APPROXIMATE
SQUARE FOOT AREA
641 SQ. FT. +
641 SQ. FT. +
643 SQ. FT. +
637 SQ. FT. +
637 SQ. FT. +
NUMBER AND DESIGNATION OF ROOMS
Five (5) rooms including living room, kitchen,
bathroom and two (2) bedrooms all on the first
floor.
Five (5) rooms including living room, kitchen,
bathroom and two (2) bedrooms all on the first
floor.
Six (6) rooms including living room, dining room,
kitchen, bathroom and two (2) bedrooms all on the
first floor.
Five (5) rooms including living room, kitchen,
bathroom and two (2) bedrooms all on the first
floor..
Five (5) rooms including living room, kitchen,
bathroom and two (2) bedrooms all on the first
floor.
IMMEDIATELY ACCESSIBLE COMMON
AREAS AND FACILITIES
Main entrance door to an exclusive use stoop and yard
to common area ground as well as from a slider to an
exclusive use deck and yard to common area ground.
Main entrance door to an exclusive use stoop and yard
to common area ground as well as from a slider to an
exclusive use brick patio and yard to common area
ground.
Main entrance door to exclusive use concrete stoop to
common area ground as well as from a rear door to an
exclusive use covered patio and yard area to common
area ground.
Main entrance door to an exclusive use stoop and yard
to common area ground as well as from a slider to an
exclusive use brick patio and yard to common area
ground.
Main entrance door to an exclusive use stoop and yard
to common area ground as well as from two (2) sliders
to an exclusive use deck and yard to common area
ground.
EXHIBIT “C”
UNIT DESIGNATION PERCENTAGE INTEREST IN
COMMON AREAS AND FACILITIES
1 18.50 %
2 18.50 %
3 25.50 %
4 18.75 %
5 18.75 %
TOTAL 100.00 %
MASTER DEED
OF
THE WAYFARERS ALL CONDOMINIUM
SAMIH T. HOMSI and CARMELA HOMSI, husband and wife, as Tenants by the Entirety, with
an address of 2 Swandale Drive, Mendon, Worcester County, Massachusetts (hereinafter referred to as the
"Declarants") as owners of the premises located at 186-190 Seaview Avenue, South Yarmouth, Barnstable
County, Massachusetts, hereinafter described, by duly executing and registering this Master Deed, do hereby
submit said premises to the provisions of Chapter 183A of the General Laws of Massachusetts and propose
to create, and hereby do create with respect to said premises, a condominium (the "Condominium") to be
governed by and subject to the provisions of Chapter 183A, and to that end declares and provides the
following:
1. Name
The name of the Condominium shall be THE WAYFARERS ALL CONDOMINIUM.
2. Description of Land The premises which constitutes the Condominium is located at 186-
190 Seaview Avenue, South Yarmouth, Barnstable County, Massachusetts. Such land, together with the
buildings and improvements thereon is shown on a plan of land entitled "Wayfarers All Condominium, 186
Seaview Avenue, Yarmouth, MA, Master Site Plan, Scale 1” = 10’, December 28, 2018, Coastal
Engineering Co., 260 Cranberry Highway, Orleans, MA 02653", filed with the Barnstable County Registry
District of the Land Court and being more particularly described on Exhibit "A" attached hereto and made a
part hereof.
3. Description of the Building The Condominium consists of the land described in Exhibit "A",
together with three (3) buildings, Building 1, Building 2 and Building 3 . The three (3) buildings contain a total of
five (5) Units, Unit 1, 2, 3, 4 and 5.
Building 1 contains two (2) Units, Units 1 and 2; Building 2 contains one (1) Unit, Unit 3; and
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Building 3 contains two (2) Units, Units 4 and 5. Each of the Buildings are of wood frame construction
having wooden bearing walls, wooden floors, cinderblock foundations and dirt crawl space floors, vinyl
siding and asphalt shingle roofs.
Building 1 is approximately 61.55 feet in length and approximately 22.50 feet in width consisting of
one (1) story and a crawl space above grade. Building 2 is approximately 37.00 feet in length and
approximately 20.40 feet to 14.70 feet consisting of one (1) story and a crawl space above grade. Building 3
is approximately 61.45 feet in length and approximately 22.40 feet in width consisting of one (1) story and a
crawl space above grade.
4. Designation of Condominium Units The Condominium has been divided into five (5)
Units, Unit 1, Unit 2, Unit 3, Unit 4 and Unit 5 respectively. Units 1, 2, 3, 4 and 5 are to be used solely for
residential purposes including home occupations as defined in the Yarmouth Zoning By-Laws. Common
areas and facilities have been provided for these units. Such units are more particularly described as to
designation, location, number of rooms, approximate area and immediately accessible common area and
facilities in Exhibit "B" attached hereto and on the floor plans of THE WAYFARERS ALL
CONDOMINIUM depicting Units 1, 2, 3, 4 and 5 filed herewith.
Unit 1 located in Building 1 contains and includes a living room, kitchen, bathroom and two (2)
bedrooms all on the first floor, containing an area of approximately 641 square feet. The Unit obtains access
from a main entrance door to an exclusive wood stoop and yard area to common area ground, and from a
slider to an exclusive use deck and yard area to common area ground. The Unit is granted an exclusive use
easement for the wood deck located on the westerly side of the Unit, as well as the yard areas located on the
northerly, westerly and southerly sides of the Unit, including the wood stoop, trash receptacle and two (2)
parking spaces, all as shown on the site and floor plans, which grant will be set forth in the first deed by
which the Declarants convey the Unit.
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Unit 2 located in Building 1 contains and includes a living room, kitchen, bathroom and two (2)
bedrooms all on the first floor, containing an area of approximately 641 square feet. The Unit obtains access
from a main entrance door to an exclusive use wood stoop and yard area to common area ground and from a
slider to an exclusive use brick patio and a portion of the block patio (including trash receptacle) and yard
area to common area ground. The Unit is granted an exclusive use easement for the brick patio located on
the easterly side of the Unit as well as the yard areas located on the southerly, easterly and northerly sides of
the Unit including the two (2) parking spaces, all as shown on the site and floor plans, which grant shall be
set forth in the first deed by which the Declarants convey the Unit.
Unit 3 located in Building 2 contains and includes a living room, dining room, kitchen, bathroom and
two (2) bedrooms all on the first floor containing an area of approximately 643 square feet. The Unit
obtains access from a main entrance door to an exclusive use concrete stoop to common area ground and
from a separate door in the rear of the Unit to an exclusive use covered patio and yard area to common area
ground. The Unit is granted an exclusive use easement for the covered patio and brick patio located on the
northeasterly side of the Unit, as well as the yard areas located on the northerly, westerly and southerly
sides of the Unit including the trash receptacle and two (2) parking spaces, all as shown on the site and floor
plans, which grant shall be set forth in the first deed by which the Declarants convey the Unit.
Unit 4 located in Building 3 contains and includes a living room, kitchen, bathroom and two (2)
bedrooms all on the first floor, containing an area of approximately 637 square feet. The Unit obtains access
from a main entrance door to an exclusive use wood stoop and yard area to common area ground as well as
from a slider to an exclusive use brick patio and yard area to common area ground. The Unit is granted an
exclusive use easement for the brick patio located on the easterly side of the Unit as well as the yard areas
located on the northerly, easterly and southerly sides of the Unit, including the trash receptacle, the wood
stoop and two (2) parking spaces all as shown on the site and floor plans, which grant shall be set forth in the
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first deed by which the Declarants convey the Unit.
Unit 5 located in Building 3 contains and includes a living room, kitchen, bathroom and two (2)
bedrooms all on the first floor, containing an area of approximately 637 square feet. The Unit obtains access
from a main entrance door to an exclusive use wood stoop and yard area to common area ground as well as
from two (2) sliders to an exclusive use deck and yard area. The Unit is granted an exclusive use easement
for the wood deck located on the westerly side of the Unit as well as the yard areas located on the northerly,
westerly and southerly sides of the Unit including the wood stoop, trash receptacle and three (3) parking
spaces all as shown on the site and floor plans, which grant will be set forth in the first deed by which the
Declarants convey the Unit.
The owner or owners of any Unit may at any time and from time to time change the use and
designation of any room or space within such Unit, subject always to the provisions of Section 11 hereof,
and may, subject to the provisions of the next sentence modify, remove and install non-bearing walls lying
wholly within such Unit. Any and all work with respect to installation of interior non-bearing walls or other
improvements shall be done in a good and workmanlike manner pursuant to a building permit duly issued
therefor (if required by law) and pursuant to plans and specifications which have been submitted to and
approved by the Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST, hereinafter referred
to, which approval shall not be unreasonably withheld or delayed. The Unit Owner undertaking such work
shall obtain all permits and approvals necessary from the appropriate Town boards and officials and in no
event shall an additional bedroom be added to a Unit.
5. Boundaries of the Units The floor, ceiling, wall and other boundaries of each of the Units
are as follows:
a. Floors:
The upper surface of the floor joists below the floor of the Unit;
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b. Ceilings:
The lower surface of the ceiling joists of the uppermost ceiling of the Unit;
c. Interior Walls:
The vertical planes of the innermost unfinished surfaces of the interior walls dividing the unit
from the other units and Common Areas and Facilities;
d. Doors and Windows:
As to the doors, the exterior surface and frame thereof; as to the windows, the ext erior
surface of the glass and window frames and windows.
Notwithstanding any other provisions of this Master Deed, the Condominium Trust, the By-Laws and the
rules and regulations promulgated pursuant thereto no Unit Owner shall have the right to raise the roof or
extend the exterior walls outward of his respective Unit in order to create additional building space.
Any and all expenses for the maintenance, upkeep, repair and replacement of the exterior portions of the
Buildings in the Condominium including the roofs, exterior siding, exterior trim, cinder block foundations,
crawl spaces and skylights shall not be a common expense assessed to all Unit Owners in accordance with
their percentage interests set forth in Exhibit “C” attached hereto. Rather, such costs and expenses shall be
apportioned in the following manner:
a. With respect to Building 1, such expenses shall be apportioned on the basis of fifty (50%) percent
for each of Unit 1 and Unit 2;
b. With respect to Building 2, Unit 3 shall be responsible for one hundred (100%) percent of such
expenses; and
c. With respect to Building 3, such expenses shall be apportioned on the basis of fifty (50%)
percent for each of Unit 4 and Unit 5.
In the event that the Owner or Owners of the Unit or Units in one (1) of the Buildings fail to properly
maintain or repair any exterior portion of the Building containing such Unit(s), and such failure
detrimentally impacts the value of any other Unit or Units in the Condominium, of THE WAYFARERS
ALL CONDOMINIUM TRUST may undertake such repairs, and the Trustees shall make all final
determinations with respect to the necessity for any such repairs, upkeep, maintenance or replacement and
assess the cost of the same to the owner or owners of such Unit or Units as hereinafter provided. Any such
costs shall be added to the common charges due from such Unit Owner or Owners and they shall be
enforceable against and collectible from the Owner or Owners of such Unit(s) in the same manner as
common expenses and charges, the non-payment of which shall constitute a lien on any such Unit(s). The
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exterior portions of the Buildings in the Condominium shall be maintained in a color, style and appearance
as specified by the Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST and no Unit Owner
shall make any change to the color, style or appearance of the exterior portions of the Buildings except as
specified and authorized by the Trustees.
6. Common Areas The Common Areas and Facilities of the Condominium ("Common
elements") shall consist of the entire property shown on the site plan including the following to the extent
that the same are not included within a unit or units:
a. The land described in Exhibit "A" together with the benefit of and subject to the rights and
easements referred to in Exhibit "A";
b. The concrete block foundations, crawl space floors, exterior walls, roofs, attic area above
each Unit (due to limited height no use shall be made of attic area by a Unit Owner or the
Trustees), and other exterior elements of the Buildings and the septic systems (subject to the
provisions of Section 17d);
c. All conduits, ducts, pipes, plumbing, wiring, chimneys, flues and other facilities for the
furnishing of utility and services contained within any unit which serve parts of the
Condominium other than the unit within which such facilities are contained, and the right to
use all such facilities which are situated on the premises;
d. The yards, lawns, stone driveway, the sheds (which are to be used for storage of landscaping
equipment), plants and walkways, and the improvements thereon and thereof (subject to such
exclusive rights and easements appurtenant to Units as are hereinabove set forth and as may
be established pursuant to provisions hereinafter set forth);
e. The parking spaces located on the site plan, provided, however, that each of the Units will be
granted an easement for exclusive use of a parking space or spaces by Declarants for the
parking space designated with a Unit designation on the site plan, which easement shall be
and remain appurtenant to the Unit for the purposes of parking motor vehicles. Declarants
reserve the sole right to grant such exclusive easements to particular Units by designation
thereof in the Unit Deed by which Declarants initially convey the Unit;
f. All other elements and features of the Condominium property, however designated or
described, excepting only the Units themselves as herein defined and described, and such
additional facilities and common areas as may be defined in said Chapter 183A.
The owner or owners of each Unit, hereinafter called the "Unit Owner" shall be entitled to an
undivided interest in the Common Areas and Facilities as set forth in Exhibit “C” attached hereto, and shall
be subject to:
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a. The terms and provisions of this instrument and of the By-Laws of THE WAYFARERS
ALL CONDOMINIUM TRUST, as defined and described in Section 13 hereof;
b. Rules and regulations promulgated pursuant thereto with respect to the use of the common
areas and facilities, and
c. The timely making of the payments required to be made in connection therewith.
In addition to and not in limitation of the rights of Unit Owners as elsewhere herein set forth and as
provided in said Chapter 183A, the Owner or Owners of each Unit shall have, as appurtenant to such Unit,
the rights and easements, in common with the Owner or Owners of all other Units and subject to like rights
and easements appurtenant to such other units, to use the common facilities, including without limiting the
generality of the foregoing, walks, paths, conduits, ducts, pipes, plumbing, wiring, trash containers and other
facilities for the furnishing of utilities and services, subject always, however, to:
a. The exclusive rights and easements herein granted to particular Units in certain facilities;
b. The restrictions and other provisions herein set forth; and
c. Rules and Regulations promulgated by the Board of Trustees of THE WAYFARERS ALL
CONDOMINIUM TRUST.
Notwithstanding the provisions of this Section 6, any and all expenses for the maintenance, upkeep
and repair, (exclusive of the replacement which shall be a common expense) of the decks, patios (whether
covered or not), parking spaces or yard areas for which an exclusive use easement is granted to a particular
unit shall not be a common expense of all units but shall be the sole expense of the owner or owners of the
Unit which has the exclusive use thereof. In the event that a Unit Owner fails to maintain such areas, the
Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST may do so and the Trustees shall make
all final determinations with respect to the necessity for any such repairs, upkeep or maintenance and assess
the cost of the same as hereinabove provided to the owner or owners of any such unit which costs shall be
added to the common expenses due from such Unit Owner and which shall be enforceable against and
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collected from the owner of any such Unit, in the same manner as common expenses and charges, the
nonpayment of which shall constitute a lien on any such unit.
Except for the exclusive use decks, patios, parking spaces and yard areas, the Trustees of THE
WAYFARERS ALL CONDOMINIUM TRUST shall have, and are hereby granted, the right of access at
all reasonable times to each Unit for purposes of operation, inspection, protection, maintenance, repair and
replacement of common areas and facilities, and correction, termination and removal of acts or things which
interfere with the common areas and facilities or are otherwise contrary to or in violation of provisions
hereof.
Except for the exclusive use yard areas, decks, patios and parking spaces to be maintained by a Unit
Owner, the Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST shall also have, and are
hereby granted, the exclusive right to maintain, repair, replace, add to and alter the paths, walks utility and
service lines and facilities, lawns, trees, plants and other landscaping comprised in the common areas and
facilities, and to make excavations for said purposes; and no Unit Owner shall do any of the foregoing
without the prior written permission of said Trustees in each instance.
If any portion of the common areas and facilities encroaches upon any Unit or any Unit encroaches
upon any other Unit or upon any portion of the common areas and facilities as a result of settling or shifting
of a building, an easement for the encroachment and for the maintenance of the same so long as the building
stands, shall exist. If any building, any Unit, any adjoining Unit, or any adjoining part of the common areas
and facilities shall be partially or totally destroyed as a result of fire or other casualty or as a result of
eminent domain proceedings, and then rebuilt, encroachments of part of the common areas and facilities
upon any Unit or of any Unit upon any other Unit or upon any portion of the common areas and facilities,
due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance
thereof shall exist so long as the subject building shall stand.
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7. Provisions Concerning Exclusive Use Easement Areas
The grant of exclusive use easements as set forth in this Master Deed is made pursuant to the
provisions of Section 1 of Massachusetts General Laws Chapter 183A and is subject to the following
conditions and restrictions:
a. An exclusive use easement is defined as the right to use an exclusive use common area to the
exclusion of all other units of the Condominium except for that unit which has the benefit of
the easement;
b. Except as set forth in subsection c below, no Unit Owner shall make any use whatsoever of a
restricted use common area as set forth in this Master Deed except for the Unit Owner whose
unit has the benefit of an exclusive use easement for the particular area;
c. The Declarants and, after sale, the Owner (s) of any Unit have the right to construct and
install decks, patios, walkways, fencing, plantings, shrubs, hedges and landscaping within
the exclusive use yard areas appurtenant to that particular Unit, and
d. The Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST and their duly
authorized agents, contractors and employees shall have such access as is necessary over the
exclusive use easement areas in order to maintain and pump portions of the septic system
located therein, to install and maintain and fill the propane gas tanks as well as any other
utility services now or hereafter located therein and to grant easements to utility companies
for the installation and maintenance of utility service lines and facilities.
The use of exclusive use common areas shall be subject to the provisions of this Master Deed, the
terms and conditions of THE WAYFARERS ALL CONDOMINIUM TRUST, the provisions of said
Chapter 183A, and all By-Laws and rules and regulations enacted pursuant thereto. In no event shall the
owner or owners of any unit which has the benefit of such Exclusive Use Easement Area cause to have
erected a fence or other like structure around or upon any such Exclusive Use Easement Area exceeding four
(4') feet in height unless authorized in writing by the Trustees of THE WAYFARERS ALL
CONDOMINIUM TRUST.
8. Plans
The Site Plan, bearing the verified statement of a registered surveyor that said plan fully and
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accurately depicts the location and dimensions of the building included in the Condominium (fully listing
the units contained therein), and the Floor Plan of the building and units included in the Condominium,
showing the layout, location, unit designations and dimensions of the Units, and bearing the verified
statement of a registered surveyor that said plans fully and accurately depict the same, are filed with the
Land Court and captioned as follows:
a. Site Plan
"Wayfarers All Condominium, 186 Seaview Avenue, Yarmouth, MA, Master Site Plan,
Scale: 1” = 10’, May 12, 2020, Coastal Engineering Co., 260 Cranberry Highway, Orleans,
MA 02653” which plan is filed with the Barnstable County Registry District of the Land
Court.
b. Floor Plans
"Wayfarers All Condominium, 186 Seaview Avenue, Yarmouth, MA, Floor Plan, Scale:
3/16” = 1’, 01/08/2020, Coastal Engineering Co., 260 Cranberry Highway, Orleans, MA
02653" which plan is filed with the Barnstable County Registry District of the Land Court.
9. Interest of Units in Common Areas and Facilities
Each unit in the Condominium shall be entitled to an undivided interest in the common areas and
facilities in the percentage specified therefor in Exhibit "C", annexed hereto and made a part hereof.
10. Purposes
Units 1, 2, 3, 4 and 5 are intended for residential use (including home occupations) as allowed by
this Master Deed and applicable laws. The Declarant may, until all of said Units have been sold by said
Declarants:
a. Lease units which have not been sold for use for residential occupancy; and
b. Use any units owned by Declarant as models for display purposes for the sale or leasing of
units.
11. Restrictions on Use of Units
Unless otherwise permitted by instrument in writing duly executed by the Trustees of THE
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WAYFARERS ALL CONDOMINIUM TRUST pursuant to the provisions of the By-Laws thereof:
a. No Unit shall be used other than solely for residential purposes as a one-family type or single
household unit;
b. No Unit shall be used or maintained in a manner contrary to or inconsistent with the By-
Laws of THE WAYFARERS ALL CONDOMINIUM TRUST;
c. The architectural integrity of the building and the Units shall be preserved without
modification, and to that end, without limiting the generality of the foregoing, no awning,
screen, antenna, sign, banner or other devise and no exterior change, addition, structure,
projection, decoration or other feature shall be erected or placed upon or attached to any Unit
or any part thereof; no addition to or change or replacement (except, so far as practicable,
with identical kind) of any exterior light, door knocker, or other exterior hardware, exterior
Unit door or door frames shall be made, and no painting or other decoration shall be done on
any exterior part or surface of any Unit nor on the interior surface of any window; provided
however, that the provisions of this subparagraph (c) shall not restrict the right of any Unit
Owner to decorate the interior of his Unit(s) as he may desire so long as such Unit Owner
shall in no way whatsoever alter, remove or otherwise modify any structure components of
his Unit(s);
d. Dogs, cats or other customary household pet animals or birds not to exceed two (2) in
number may be kept in any residential Unit only by the Owner of such Unit or by a member
of the Owner’s family, provided, however, that they are not in such number or type as to be
noisome or offensive to occupants of other Units, and shall be suitably leashed or caged
whenever they are on the Condominium premises outside the interior of any Unit. In no
event shall any tenant or guest of a Unit Owner keep any such animal or bird in any Unit.
e. The exterior porches of the Units shall be kept clean and neat and there shall be no overnight
storage of bicycles, toys or other objects (except common porch furniture) on the porches or
patios.
f. All use and maintenance of such Units shall be conducted in a manner consistent with the
comfort and convenience of the occupants of the other Units.
Said restrictions shall be for the benefit of the Owners of all of the Condominium Units and the
Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST as the persons in charge of the
common areas and facilities, shall be enforceable solely by said Trustees, and shall, insofar as permitted by
law, be perpetual; and to that end, may be extended by sai d Trustees at such time or times and in such
manner as permitted or required by law for the continued enforceability thereof. No such Owner shall be
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liable for any breach of the provisions of this paragraph except such as occurs during his or her ownership
thereof.
12. Amendments
Except as specifically otherwise provided herein, the Condominium Trustees with the consent in
writing of Unit Owners holding at least seventy-five (75%) percent of the beneficial interest of the
Condominium Trust may at any time and from time to time, amend, alter, add to, or change this Master
Deed in any manner or to any extent, subject to the Trustees first being duly indemnified to their reasonable
satisfaction against outstanding obligations and liabilities, provided always, however, that no such
amendment, alteration, addition or change which would affect, in any manner, the provisions of Section 9,
Section 12 and Section 13 (except with the consent of the Declarants) or render this Master Deed or the
Condominium Trust contrary to or inconsistent with any requirements or provisions of Chapter 183A, shall
be valid or effective. No amendment will be valid if it adversely affects the right of any Unit Owner existing
as of the date of this Master Deed, unless the affected Unit Owner consents to said amendment. Where
mortgagee consent is required under the Master Deed and/or Chapter 183A, the instrument of amendment
shall be deemed assented, to by the holders of the mortgages of record with respect to the Units provided the
Trustees have complied with the notice provisions of Chapter 183A, Section 5(b), 2, as set forth in the last
paragraph of Section 15 hereof. All consents obtained pursuant to this Section 12 shall be effective upon
the filing of an affidavit by the Trustees stating that all necessary notices have been sent via certified
mail/return receipt requested, and the receipt cards have been returned evidencing actual notice or refusal of
notice to such mortgage holders of record. Any amendment, alteration, addition or change pursuant to the
foregoing provisions of this paragraph shall become effective upon the filing with the Barnstable County
Registry District of the Land Court of any instrument of amendment, alteration, addition or change, as the
case may be, signed, sealed and acknowledged in the manner required in Massachusetts for the
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acknowledgement of deeds by a majority of Trustees, setting forth in full the amendment, alteration,
addition or change, and reciting the written consent of all Unit Owners as required by this section to consent
thereto, and provided such instrument is filed no later than six months from its date thereof. Such
instrument, so executed and filed, 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 said instrument or not, upon any question as to title or affecting the rights of third persons and for
all other purposes.
13. Managing Entity
The Trust through which the Unit Owners will manage and regulate the Condominium established
hereby is THE WAYFARERS ALL CONDOMINIUM TRUST under Declaration of Trust dated April
18, 2020, to be registered herewith. Said Declaration of Trust establishes a membership organi zation of
which all Unit Owners shall be members and in which such owners shall have an interest in proportion
to the percentage of undivided interest in the common areas and facilities to which they are entitled
hereunder. The name and address of the original and present Trustee thereof (therein designated as the
Trustees thereof) are as follows:
SAMIH T. HOMSI 2 Swandale Drive
Mendon, MA 01756
CARMELLA HOMSI 2 Swandale Drive
Mendon, MA 01756
The mailing address of the Trust is: 186-190 Seaview Avenue
South Yarmouth, MA 02664
Said Trustee have enacted By-Laws, which are set forth in said Condominium Trust, pursuant to and
in accordance with provisions of said Chapter 183A of the General Laws of Massachusetts.
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14. Units Subject to Master Deed, Unit Deed and Condominium Trust
a. All present and future unit owners, their employees, tenants, guests, patrons and visitors shall
be subject to, and shall comply with, the provisions of the Master Deed, the Unit Deed, the
Condominium Trust, the By-Laws and the rules and regulations promulgated pursuant
thereto, as they may be amended from time to time, and the items affecting the title to the
land as set forth in Sections 2 and 6 above. The acceptance of a deed or conveyance or
entering into possession of any Unit shall constitute an agreement that
(i) the provisions of this Master Deed, the Unit Deed, the Condominium Trust,
the By-Laws and the Rules and Regulations promulgated pursuant thereto, as
they may be amended from time to time, and the said items affecting title to
the land are accepted and ratified by such owner, tenant, visitor, guest,
patron, employee or occupant;
(ii) all of such provisions shall be deemed and taken to be covenants running
with the land and shall bind any person having at any time any interest or
estate in such Unit, as though such provisions were recited and stipulated at
length in each and every deed or conveyance or lease thereof and
(iii) a violation of the provisions of this Master Deed, the Unit Deed, the
Condominium Trust, the By-Laws or the rules and regulations promulgated
pursuant thereto by any such person shall be deemed a substantial violation
of the duties of the owner of the Unit.
b. The failure of any Unit Owner to comply with any of the provisions of the Master Deed,
Condominium Trust, the rules and regulations promulgated thereto and Chapter 183A, shall
give rise to a cause of action in the Trustees of said Trust, and any aggrieved Unit Owner,
which may then enforce said provisions in any manner permitted by Law, including without
limitation, by court action, injunctive relief, and seek damages on behalf of the Trust or
individual Unit Owners.
15. Federal Home Loan Mortgage Corporation and Federal National Mortgage
Association Compliance
Notwithstanding anything in the Master Deed or in the Condominium Trust and By-Laws to the
contrary, the following provisions shall apply for the protection of the holders of the first mortgages
(hereinafter "First Mortgagees") of record with respect to the Units and shall be enforceable by any First
Mortgagee:
a. In the event that the Unit Owners shall amend this Master Deed or the Condominium Trust
to include therein any right of first refusal in connection with the sale of a Unit, such right of
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first refusal shall not impair the rights of a First Mortgagee to:
(i) foreclose or take title to a Unit pursuant to the remedies provided in its mortgage; or
(ii) accept a deed (or assignment) in lieu of foreclosure in the event of a default by a
mortgagor; or
(iii) sell or lease a Unit acquired by the First Mortgagee through the procedures described
in subparagraphs (i) and (ii) above;
b. Any party who takes title to a Unit through a foreclosure sale duly conducted by a Firs t
Mortgagee shall be exempt from any such right of first refusal adopted by the Unit Owners
and incorporated in this Master Deed or the Condominium Trust;
c. Any First Mortgagee who obtains title to a Unit by foreclosure or pursuant to any other
remedies provided in its mortgage or by law shall not be liable for such Unit's unpaid
common expenses or dues which accrued prior to the acquisition of title to such Unit by such
First Mortgagee (except as otherwise permitted by Massachusetts laws – i.e., M.G.L.,
Chapter 183A, Section 6);
d. Any and all common expenses, assessments and charges that may be levied by the Trust in
connection with unpaid expenses or assessments shall be subordinate to the rights of any
First Mortgagee pursuant to its mortgage on an y Unit except as otherwise permitted by
Massachusetts law as noted above;
e. A 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 mortgage shall
extinguish a subordinate lien for assessments which became payable prior to such sale or
transfer. Any such delinquent assessments which are extinguished pursuant to the foregoing
provision may be reallocated and assessed to all Units as a common expense. Any such sale
or transfer pursuant to a foreclosure shall not relieve the purchaser or transferee of a Unit
from liability for, nor the Unit from, the lien of any assessments made thereafter;
f. Unless at least two-thirds (2/3) of the institutional first mortgage lenders holding mortgages
on the individual Units at the condominium have given their written approval, neither the
Unit Owners nor the Trustees of the Condominium Trust shall be entitled to:
(i) by act or omission, seek to abandon or terminate the Condominium except in the
event of substantial destruction of the Condominium premises by fire or other
casualty or in the case of taking by condemnation or eminent domain;
(ii) change the pro rata interest or obligations of any individual Unit for the purpose of:
(a) levying assessments or charges or allocating distributions of hazard insurance
proceeds or condemnation awards, or (b) determining the pro rata share of
ownership of each Unit in the Common Areas and Facilities;
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(iii) partition or subdivide any Unit;
(iv) by act or omission seek to abandon, partition, subdivide, encumber, sell or transfer
the Common Elements, provided, however, that the granting of easement for public
utilities or for other public purposes consistent with the intended use of the Common
Elements by the Condominium and the exercise of other actions with respect to
granting of special rights of use or easements of Limited Common Areas and
Facilities contemplated herein or in the Condominium Trust shall not be deemed an
action for which prior approval of a mortgagee shall be required under this
Subsection; and
(v) use hazard insurance proceeds for losses to any property of the Condominium
(whether of Units or common elements) for other than the repair, replacement or
reconstruction of such property of the Condominium, except as provided by statute
in case of a taking of or substantial loss to the Units and/or common elements of the
Condominium.
g. To the extent permitted by law, all taxes, assessments and charges which may become liens
prior to a first mortgage under the laws of the Commonwealth of Massachusetts shall relate
only to the individual units and not to the Condominium as a whole;
h. In no case, shall any provision of this Master Deed or the Condominium Trust give a Unit
Owner or any other party priority over any rights of an institutional First Mortgagee of the
Unit pursuant to its mortgage in the case of a distribution to such Unit Owner of insurance
proceeds or condemnation awards for losses to or taking of such Unit and/or the Common
Areas and Facilities of the Condominium;
i. An institutional First Mortgage lender, upon request to the Trustees of the Condominium
Trust will be entitled to:
(i) written notification from the Trustees of the Condominium Trust of any default by its
borrower who is an Owner of a Unit with respect to any obligations of such borrower
under this Master Deed or the provisions of the Condominium Trust which is not
cured within sixty (60) days;
(ii) inspect the books and records of the Condominium Trust at all reasonable times;
(iii) receive at its own expense an audited annual financial statement of the
Condominium Trust within ninety (90) days following the end of any fiscal year of
the Condominium Trust;
(iv) receive written notice of all meetings of the Condominium Trust and be permitted to
designate a representative to attend all such meetings;
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(v) receive prompt written notification from the Trustees of the Condominium Trust of
any damage by fire or other casualty to the Unit upon which the institutional lender
holds a first mortgage or proposed taking by condemnation or eminent domain of
said Unit or the Common Areas and Facilities of the Condominium;
(vi) receive written notice of any lapse, cancellation or material modification of any
insurance policy or fidelity bond maintained by the Trust; and
(vii) receive written notice of any action which requires the consent of a specified
percentage of First Mortgage Lenders.
The Declarants intend that the provisions of this Section 15 and all other provisions of this Master
Deed comply with the requirements of the Federal Home Loan Mortgage Corporation (hereinafter referred
to as “FHLMC”) and Federal National Mortgage Association (hereinafter referred to as “FNMA”) with
respect to condominium mortgage loans and, except as otherwise required by the provisions of Chapter
183A, all questions with respect thereto shall be resolved consistent with that intention. In the event of a
conflict between the percentage requirements of FNMA, FHLMC, other sections of the Master Deed and
Massachusetts General Laws Chapter 183A with respect to any action or non-action to be taken or omitted
by the Unit Owners or Trustees of the Condominium Trust, or with respect to any other matter, the greatest
percentage requirements shall control. This Section 15 may be amended only with prior written approval of
first mortgage lenders representing 67% in number of the mortgaged Units in the Condominium and 100%
in percentage interest of the Owners of Units in the Condominium.
Notwithstanding any provision above to the contrary, if any amendment or action by the Trustees
shall require assent of mortgagees holding mortgages on Units in the Condominium, and any such
mortgagees shall fail to respond in either the positive or the negative to any such request by the Trustees
within sixty (60) days of the date of mailing of said request for assent to the amendment or action requiring
their assent, then said mortgagee shall be deemed to have assented to said amendment or request and no
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further action on the part of the Trustees or Unit Owners regarding said mortgagee assent shall be required
and the Trustees may file documentation as if the assent were attached.
16. Special Amendment
Notwithstanding anything herein contained to the contrary, so long as the Declarants own at least one
Unit in the Condominium, the Declarants reserve the right and power to file and record a special amendment
(“Special Amendment”) to this Master Deed at anytime and from time to time which amends this Master
Deed (i) to comply with requirements of the FNMA, FHLMC, the Veterans Administration or any other
governmental agency or any other public, quasi-public, or private entity which performs (or may in the
future perform) functions similar to those currently performed by such entities; (ii) to induce any of such
agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Unit Ownerships;
(iii) to bring this Master Deed into compliance with Chapter 183A of the General Laws of Massachusetts;
(iv) to amend and modify this Master Deed, interior Unit plans, or the Site Plan regarding unsold Units
including designation of exclusive use areas and rights of those unsold Units without obtaining written
assent from those sold Units; and (v) to correct clerical or typographical errors or to cure any ambiguity,
inconsistency, formal defect or omission in this Master Deed or any exhibit hereto or any supplement or
amendment hereto provided such Special Amendment does not materially and adversely affect rights and
interests of the Unit Owners. In furtherance of the foregoing, a power coupled with an interest is hereby
reserved and granted to the Declarants to vote in favor of, make, or consent to a Special Amendment on
behalf of each Owner as proxy or attorney-in-fact, as the case may be. Each deed, mortgage, trust deed
,other evidence of obligation or other instrument affecting a Unit and the acceptance thereof, shall be
deemed to be a grant and acknowledgment of, and a consent to the reservation of the power to the
Declarants to vote in favor of, make, execute and file and record Special Amendments. The right of the
Declarants to act pursuant to rights reserved or granted under this section shall be automatically assigned to
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the Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST at such time as neither the
Declarants nor any assignee of the Declarant’s rights hereunder shall any longer hold or control title to any
Units.
17. Provisions Regarding Heat, Temperature Maintenance, Water and Septic Systems
(a) Heat: Each Unit contains its own electric heat and hot water system located in the
Unit which provides heat and hot water to that particular Unit. Notwithstanding the
provisions of Section 6 Common Areas, the costs and expenses associated with the
upkeep, repair, maintenance, replacement and electricity usage for the heat and hot
water system shall not be a common expenses attributable to all of the units in the
Condominium in accordance with the percentages set forth in Exhibit C. Rather,
Units 1, 2, 3, 4 and 5 shall each be responsible for one hundred (100%) percent of the
cost of gas deliveries as well as the costs of maintenance, upkeep and repair and
replacement of the heat/hot water system servicing that particular Unit.
The Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST shall
enforce and administer the provisions of this Section 17(a). Any and all costs and
expenses, as hereinabove set forth shall be paid by the owners of the Unit serviced by
the particular system as set forth above.
(b) Temperature Maintenance: The Owners of Units 1, 2, 4 and 5 in the Condominium
shall maintain heat in their respective units at a temperature of at least 55 degrees
Fahrenheit at all times during the winter season (which for purposes of this Section
17(b) shall commence on November 1st and terminate on April 30th of each year).
In the event that any such unit owner shall fail or neglect to maintain the
aforementioned 55 degree Fahrenheit temperature in his or her unit, the Trustees of
THE WAYFARERS ALL CONDOMINIUM TRUST shall have the right to enter
into such Unit and take all necessary actions in order to ensure that the
aforementioned 55 degrees Fahrenheit temperature is maintained in such Unit. In the
event that any damage is occasioned to the common areas and facilities of the
Condominium or to another unit in the Condominium or the furnishings therein as a
result of the failure or neglect of a unit owner to maintain the aforementioned 55
degree Fahrenheit temperature in his or her unit, the unit owner who has failed or
neglected to maintain such temperature shall be responsible for the costs of repairs to
the damage occasioned in such common areas and facilities of the Condominium as
well as any such other units and the furnishings therein.
As Unit 3 is located in its own free standing building, the Owner of Unit 3 shall be
entitled to drain and shit down the Unit for the winter season, provided that such Unit
Owner shall be responsible for any damage suffered in the common areas and
facilities or other Units resulting from such shut down.
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The Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST shall
enforce and administer the provisions of this Section 17(b) and for that purpose shall
have, and are hereby granted, the right of access at all reasonable times and upon
reasonable notice to the Units for the purposes of inspection and maintenance of the
heating systems servicing the units. Any and all costs and expenses, as hereinabove
set forth, shall be assessed by the Trustees as part of the common expenses
attributable from a unit owner immediately upon the assessment and billing of such
costs and expenses. The provisions of this Section 17(b) regarding responsibility for
costs and expenses upon the failure or neglect to properly heat a unit shall not apply
to any failure due to natural disaster, interruptions of utility services or acts of God.
The responsibility to maintain the aforementioned 55 degree Fahrenheit heat level in
all of the units shall apply to the unit owner or owners as well as their tenants, guests
and invitees.
c. Water: The Condominium premises is served by three separate water lines and three
separate meters, one metering water provided to Units 1 and 2 in Building 1, one to
Unit 3 in Building 2 and the other metering water provided to Units 4 and 5 in
Building 3.
All costs and expenses associated with the water service lines in the condominium
between the town water line and the meters shall be a common expense attributable
to the Units in accordance with their respective interests in the common areas and
facilities.
All costs and expenses for the water provided to each of the Buildings as well as the
meter measuring the same shall be the sole responsibility of the Unit or Units
serviced by the same, with Units 1 and 2 and 4 and 5 each responsible for fifty (50%)
percent of the water cost of water provided to the respective buildings.
d. Septic System: The Condominium contains three (3) septic system, one providing
service to Units 1 and 2 in Building 1, one providing service to Unit 3 in Building 2
and one providing service to Units 4 and 5 in Building 3. The costs and expenses
associated with the upkeep, maintenance, repair, pumping and/or replacement of the
septic system servicing the Condominium shall not be a common expense
attributable to all of the Units in accordance with their respective percentage interest
in the common areas and facilities. Rather, Units 1 and 2 and 4 and 5 shall each be
responsible for fifty (50%) percent of all costs and expenses for the septic system
servicing the Building in which the Unit is located and Unit 3 shall be responsible for
one hundred (100%) percent of such costs and expenses for the system servicing
Building 2.
The Trustees of THE WAYFARERS ALL CONDOMINIUM TRUST shall
enforce and administer the provisions of this Section 17(d) and for that purpose shall
have, and are hereby granted, the right of access at all reasonable times and upon
reasonable notice to the Units for the purposes of inspection and maintenance of the
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septic systems servicing the units. Any and all costs and expenses, as hereinabove
set forth shall be paid by the owners of the Unit serviced by the particular system as
set forth above.
18. Conflicts
If any provisions of this Master Deed shall be invalid or shall conflict with Chapter 183A, as
amended, of the General Laws of Massachusetts, or if any provisions of this Master Deed conflicts with any
other provisions thereof or with any provisions of the Condominium Trust, then the following rules of
construction shall be used:
a. In the event of a conflict between the Master Deed and said Chapter 183A as amended, the
provisions of Chapter 183A shall control;
b. The invalidity of any provisions of the Master Deed shall not impair or affect the validity or
enforceability of the other provisions of this Master Deed, and such remaining provisions of
this Master Deed shall continue in full force and effect as if such invalid provisions had
never been included herein;
c. In the event of any conflict between the preceding Section 15 and any other provisions of the
Master Deed or the Condominium Trust, the provisions of said Section 15 shall control.
19. 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 which may
occur.
20. Captions
The captions herein are inserted only as a matter of convenience and for reference, and in no way
define, limit or describe the scope of this Master Deed nor the intent of any provision hereof.
21. Definitions
All terms and expressions used in this Master Deed which are defined in Massachusetts General
Laws, Chapter 183A shall have the same meanings here unless the context otherwise requires.
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IN WITNESS WHEREOF, the said SAMIH T. HOMSI and CARMELLA HOMSI, has
placed his hand and seal this day of , 2020.
SAMIH T. HOMSI
CARMELLA HOMSI
Commonwealth of Massachusetts
County of
On this day of 2020, before me, the undersigned notary public, personally
appeared SAMIH T. HOMSI and CARMELLA HOMSI, proved to me through satisfactory evidence of
identification which was , to be the persons
whose names are signed on the preceding or attached document, and who swore and affirmed to me that the
contents of the document are truthful and accurate to the best of their knowledge and belief, and
acknowledged to me that they signed it as their free act and deed.
, Notary Public
My Commission expires:
THE WAYFARERS ALL CONDOMINIUM TRUST
THIS DECLARATION OF TRUST made this day of , 2020, at
Provincetown in the County of Barnstable and Commonwealth of Massachusetts by SAMIH T. HOMSI
and CARMELA HOMSI, of 2 Swandale Drive, Mendon, MA 01756, (hereinafter called the Trustees,
which term and any pronoun referred thereto shall be deemed to include their successors in trust hereunder
and to mean the trustees of the Trust at the time being hereunder wherever the context so permits).
ARTICLE I
Name of Trust
The trust hereby created shall be known as THE WAYFARERS ALL CONDOMINIUM TRUST
and under that name, so far as legal, convenient and practicable, shall all business carried on by the Trustees
to be conducted and shall all instruments in writing by the Trustees be executed.
ARTICLE II
The Trust and Its Purposes
Section l. All of the rights and powers in and with respect to the common areas and facilities of THE
WAYFARERS ALL CONDOMINIUM ("Condominium") established by a Master Deed of even date and
registered herewith which are by virtue of provisions of Chapter l83A of the Massachusetts General Laws
conferred upon or exercisable by the organization of Unit owners of said Condominium, and all property,
real and personal, tangible and intangible, conveyed to the Trustees hereunder shall vest in the Trustees as
joint tenants with right of survivorship as Trustees of this trust, in trust to exercise, manage, administer and,
exclusive of the common area, to 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 and interests therein of said Condominium (hereinafter
called the Unit Owners), according to the schedule of undivided beneficial interests set forth in Exhibit "C"
of said Master Deed, which schedule is incorporated herein by reference, and in accordance with the
2
provisions of said Chapter l83A, this trust being the organization of the Unit Owners established pursuant to
provisions of said Chapter l83A for the purposes therein set forth.
Section 2. It is hereby expressly declared that a trust and not a partnership has been created and
that the Unit Owners are cestuis que trustent, and not partners or associates nor in any other relation
whatever between themselves with respect to the trust property, and hold no relation to the Trustees other
than of cestuis que trustent, with only such rights as are conferred upon them as such cestuis que trustent
hereunder and under and pursuant to the provisions of said Chapter l83A of the General Laws.
Section 3. Except as otherwise herein defined or as may be required by the context all terms shall
have the same meaning as set forth in said Master Deed.
ARTICLE III
The Trustees
Section l. After the sale by the Declarant of the Master Deed of the fourth unit, there shall at all
times be not less than three (3)) nor more than five (5) Trustees as determined from time to time by vote of
the Unit Owners entitled to not less than fifty-one (51%) percent of the beneficial interest hereunder. If and
whenever the number of such Trustees shall become less than three (3), or less than the number of Trustees
last determined as aforesaid, a vacancy or vacancies in said office shall be determined to exist. In the event
of a vacancy in the Board of Trustees, such vacancy shall be filled by an instrument in writing set forth (a)
the appointment of a natural person to act as such Trustee, signed (i) by Unit Owners entitled to not less than
fifty-one (51%) percent of the beneficial interest hereunder, or (ii) if the Unit Owner or Unit Owners have
not within thirty (30) days after the occurrence of any such vacancy made such appointment, by a majority
of the then remaining Trustees, or by the sole remaining Trustee if only one, and (b) the acceptance of such
appointment, signed and acknowledged by the person so appointed. Such appointment shall become
effective upon the registering with the Barnstable County Registry District of the Land Court of a certificate
3
of such appointment signed by a majority of the then remaining Trustees or Trustee, if any there be still in
office, or by the Unit Owners holding at least fifty-one (51%) percent of the beneficial interest, if there be
no such Trustee, together with such acceptance, and such person shall then be and become such Trustee and
shall be vested with the title to the trust property jointly with the remaining or surviving Trustees or Trustee
without the necessity of any act of transfer or conveyance. If for any r eason any vacancy in the office of
Trustee shall continue for 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 or Trustee and notice to all Unit Owners and Trustees
and to such other, if any, parties in interest to whom the court may direct that notice be given. The
foregoing provisions of this section to the contrary notwithstanding, despite any vacancy in the office of
Trustee, however caused and for whatever duration, the remaining or surviving Trustees, subject to the
provisions of the immediately following section, shall continue to exercise and discharge all of the powers,
discretions and duties hereby conferred or imposed upon the Trustees.
Section 2. In any matters relating to the administration of the trust hereunder and the exercise of
the powers hereby conferred, the Trustees may act by majority vote at any duly called meeting at which a
quorum is present, as provided in Paragraph A of Section l0 of Article V; provided, however, that in no
event shall a majority consist of less than one (1) Trustee hereunder, and, if and whenever the number of
Trustees hereunder shall become less than one (1), then no Trustee shall have any power or authority
whatsoever to act with respect to the administration of the trust hereunder or to exercise any of the powers
hereby conferred except as provided in Section l of Article III. The Trustees may also act without a meeting
by instrument signed by a majority of their number.
Section 3. Any Trustee may resign at any time by instrument in writing, signed and acknowledged
in the manner required in Massachusetts for the acknowledgment of deeds and such resignation shall take
4
effect upon the registering of such instrument with the aforesaid Barnstable County Registry District of the
Land Court.
Section 4. No Trustee named or appointed as hereinbefore provided, whether as original Trustee or
as successor to or as substitute for another, shall be obliged to give any bond or surety or other security for
the performance of any of his duties hereunder, provided, however, that Unit Owners entitled to not less than
fifty-one (51%) percent of the beneficial interest hereunder may, at any time, by instrument in writing signed
by them and delivered to the Trustee or Trustees affected, require that any one or more of the Trustees shall
give bond in such amount and with such sureties as shall be specified in such instrument. All expenses
incident to any such bond shall be charged as a common expense of the Condominium.
Section 5. No Trustee shall be entitled to any remuneration for his services other than reasonable
remuneration for extraordinary or unusual services, legal or otherwise, rendered by him or her in connection
with the trusts hereof, all as shall be from time to time fixed and determined by the Trustees, and such
remuneration shall be a common expense of the Condominium.
Section 6. No Trustee hereinbefore named or appointed as hereinbefore provided shall under any
circumstances or in any event be held liable or accountable out of his or her personal assets or be deprived of
compensation by reason of any action taken, suffered or omitted in good faith or be so liable or accountable
for more money or other property than he or she actually receives as Trustee, or for allowing one or more of
the other Trustees to have possession of the trust books or property, or be so liable, accountable or deprived
by reason of honest errors in judgment or mistakes of fact or law or by reason of the existence of any
personal or adverse interest or by reason of anything except his or her own personal and willful malfeasance
and defaults.
Section 7. No Trustee shall be disqualified by his or her office from contracting or dealing with the
Trustees or with one or more Unit Owners (whether directly or indirectly because of his or her interest
individually or the Trustees' interest or any Unit Owner's interest in any corporation, firm, trust or other
5
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 to 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 relation hereby established,
provided the Trustee shall act in good faith and shall disclose the nature of his or her interest before the
dealing, contract or arrangement is entered into.
Section 8. The Trustees and each of them shall be entitled to indemnity both out of the trust
property and by the Unit Owners against any liability incurred by them or any of them in the execution
hereof, including without limiting the generality of the foregoing, liabilities in cont ract and in tort and
liabilities for damages, penalties and fines. Each Unit Owner shall be personally liable for all sums lawfully
assessed for his or her proportionate share of any claims involving the trust property in excess thereof, all as
provided in Sections 6 and 13 of said Chapter l83A. Nothing in this paragraph contained shall be deemed,
however, to limit in any respect the powers granted to the Trustees in this instrument.
Section 9. Each Trustee shall serve for a term of one year from the date of registering in the
aforesaid Registry District of his or her acceptance, or until his or her successor is appointed and qualified
to serve, whichever is later, except that the terms of the original Trustees hereunder, shall continue until the
sale by the Declarants of the fourth (4th ) Unit or their resignation, whichever shall first occur, subject
however to the provisions of the following paragraph. Appointment of successor Trustees shall be made in
the manner set forth in Article III, Section 1 hereof to fill any vacancy in such office.
Notwithstanding the foregoing, without the consent of the Declarants of the Master Deed, there shall,
in no event, be more than two (2) Trustee at any time in office, so long as the Declarants shall own at least
three (3) Units in the Condominium. Until such time as the Declarants shall own less than two (2) Units in
6
the Condominium, neither the original Trustees, nor their successors, shall be replaced without the consent
of the Declarants, and the Declarants shall have the right to name such successors until they owns less than
two (2) Units. This paragraph of Section 9 may not be amended without the consent of the Declarants of the
Master Deed. For purposes of this Section 9, ownership of beneficial interests by a trust in which either of
the Declarants is a Trustee shall be deemed ownership by the Declarants.
ARTICLE IV
Beneficiaries and the Beneficial Interest in the Trust
Section 1. The cestuis que trustent shall be the Unit Owners of the Condominium as they may be
from time to time. The beneficial interest in the trust hereunder shall be divided among the Unit Owners in
the percentages of undivided beneficial interest pertaining to the Units of the Condominium, as set forth in
Section 1 of Article II hereof.
Section 2. 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 one person, the several owners of such Unit shall (a) 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 (b) notify the Trustees of such
designation by a note in writing signed by all of the record owners of such Unit. Any such designation shall
take effect upon receipt by the Trustees 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 such owner
for such purposes.
ARTICLE V
By-Laws
The provisions of this Article V shall constitute the By-Laws of this trust.
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Section l. Powers of the Trustees
In addition to the Statutory Powers of Trust set forth in Chapter 183A, Section 10(b), the Trustees
shall, subject to and in accordance with all applicable provisions of said Chapter l83A, have the absolute
control and management of the trust property (which term as herein used shall insofar as applicable be
deemed to include the common areas and facilities of the Condominium) and shall have the power to dispose
of any trust property excepting common areas and facilities as if they were the absolute owners thereof, free
from the control of the Unit Owners and, without by the following enumeration limiting the generality of the
foregoing or of any item in the enumeration, with full power and uncontrolled discretion, subject only to the
limitations and conditions herein and in the provisions of said Chapter l83A, at any time and from time to
time and without the necessity of applying to any court or to the Unit Owners for leave so to do:
a. To retain the trust property, or any part or parts thereof, in the same form or forms of
investment in which 0received or acquired by them so far and so long as they shall think fit,
without liability for any loss resulting therefrom;
b. To sell, assign, convey, transfer, exchange and otherwise deal with or dispose of, the trust
property, or any part or parts thereof, but not the common areas or facilities, free and
discharged of any and all trusts, at public or private sale, to any person or persons, for cash
or on credit, and in such manner, on such restrictions, stipulations, agreements and
reservations as they shall deem proper, including the power to take back mortgages to secure
the whole or any part of the purchase price of any of the trust property sold or transferred by
them, and to execute and deliver any deed or instrument necessary to effectuate the
foregoing;
c. To purchase or otherwise acquire title to, and to rent, lease or hire from others for terms
which may extend beyond the termination of this trust any property or rights to property, real
or personal, and to own, manage, use and hold such property and such rights;
d. To borrow or in any other manner raise such sum or sums of money or other property as they
shall deem advisable in any manner and on any terms, and to evidence the same by notes,
bonds, securities or other evidences of indebtedness, which may mature at a time or times,
even beyond the possible duration of this trust, and to execute and deliver any mortgage,
pledge or other instrument to secure any such borrowing;
e. To enter into any arrangement for the use or occupation of the trust property, or any part or
parts thereof, including, without thereby limiting the generality of the foregoing, leases,
subleases, easements, licenses or concessions, upon such terms and conditions and with such
8
stipulations and agreements as they shall deem desirable, even if the same extend beyond the
possible duration of this trust;
f. To invest and reinvest the trust property, or any part or parts thereof and from time to time
and as often as they shall see fit to change investments, including power to invest in all types
of securities and other property, of whatsoever nature and however denominated, all to such
extent as to them shall seem proper, and without liability for loss, even though such property
or such investments shall be of a character or in an amount not customarily considered
proper for the investment of trust funds or which does or may not produce income;
g. To incur such liabilities, obligations and expenses, and to pay from the principal or the
income of the trust property in their hands all such sums as they shall deem necessary or
proper for the furtherance of the purposes of the trust;
h. To determine as to all sums of money and other things of value received by them, whether
and to what extent the same shall be charged against principal or against income, including,
without hereby limiting the generality of the foregoing, power to apportion any receipt or
expense between principal and income, and power to determine what portion, if any, of the
actual income received upon any asset purchased or acquired at a premium or any wasting
investment shall be added to principal to prevent a diminution thereof upon the maturity or
exhaustion of such asset or investment;
i. To vote in such manner as they shall think fit any or all shares in any corporation or trust
which shall be held as trust property, and for that purpose to give proxies, to any person or
persons or to one or more of their number, to vote, waive any notice or otherwise act in
respect of any such shares;
j. To guarantee performance of the obligations of others in any cases where they shall deem
that it is to the advantage of this trust that they give such guaranty;
k. To maintain such offices and other places of business as they shall deem necessary or proper
and to engage in business in Massachusetts or elsewhere;
l. To employ, appoint and remove such agents, managers, officers, board of managers, brokers,
employees, servants, assistants and counsel (which counsel may be a firm of which one or
more of the Trustees are members) as they shall deem proper for the purchase, sale or
management of the trust property, or any part or parts thereof, or for conducting the business
of the trust, and may define their respective duties and fix and pay their compensation, and
the Trustees shall not be answerable for the acts and defaults of any such person. The
Trustees may delegate to any such agent, manager, officer, board, broker, employee, servant,
assistant or counsel any or all of their powers (including discretionary powers, except that
the power to join in amending, altering, adding to, terminating or changing this Declaration
of Trust and the trust hereby created shall not be delegated) all for such times and purposes
as they shall deem proper. Without hereby limiting the generality of the foregoing, the
Trustees may designate from their number a Chairperson, a Treasurer, a Secretary, and such
other officers as they deem fit, and may from time to time designate one or more of their
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own number to be the Managing Trustee or Managing Trustees, for the management and
administration of the trust property and the business of the trust, or any part or parts thereof;
and
m. Generally, in all matters not herein otherwise specified, to control, manage and dispose of
the trust property, but not the common areas or facilities, as if the Trustees were the absolute
owners thereof and to do any and all acts, including the execution of any instruments, which
by their performance thereof shall be shown to be in their judgment for the best interests of
the Unit Owners.
Section 2. Maintenance and Repair of Units
All maintenance and replacement of and repairs to any Unit, including the interior, exterior
foundations, structural components and roofs of the Buildings in which a Unit is located (other than to the
Common Areas and Facilities serving more than one (1) unit contained therein) and to the furniture,
furnishings and equipment therein and the maintenance, repair and replacement of utility fixtures therein
serving the same, including, without limitation, exterior walls, roofs, foundations, supports, pilings, joists,
rafters, framing; interior finish walls, ceilings and floors; windows, window frames and interior window
trim; doors, door frames and door trim; plumbing and sanitary waste fixtures and fixtures for water and
other utilities; heating units, hot water heaters, electrical fixtures and outlets; and all wires, pipes, drains and
conduits for water, sewerage, electric power and light, telephone and any other utility services which are
contained in and serve such Unit, shall be the responsibility of the Unit Owner or Unit Owners and not be a
common expense. With respect to Units 1, 2, 4 and 4, said expenses shall be apportioned and paid in
accordance with the provisions of Section 5 of the Master Deed.
Section 3. Maintenance, Repair and Replacement of Common Areas and Facilities and
Assessment of Common Expenses Thereof
The Trustees shall be responsible to arrange for the proper maintenance, repair and replacement of
the common areas and facilities of the Condominium and such may be done through the Managing Agent, as
hereinafter provided, and any Trustees, or the Managing Agent, or any others who may be so designated by
the Trustees, may approve payment of vouchers for such work, and the expenses of such maintenance, repair
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and replacement shall be assessed to the Unit Owners as common expenses of the Condominium at such
times and in such amounts as provided in Section 4 of these By-Laws.
Section 4. Common Expenses, Profits and Funds
A. The Unit Owners shall be liable for common expenses and shall be entitled to common profits of
the Condominium in proportion to their respective percentages of beneficial interest as determined in Article
II, Section l, hereof. In addition, the Unit Owners shall be liable for the costs of maintenance of their
respective Exclusive Use Easement Areas as set forth in Paragraphs 4, 6 and 7 of the Master Deed and the
exterior portions of the Buildings in which their Unit is/are located as set forth in Paragraph 5 of the Master
Deed. The Trustees, may at any time or times distribute common profits among the Unit Owners in such
proportions. The Trustees may, to such extent as they deem advisable, set aside common funds of the
Condominium as reserve or contingent funds, and may use the funds so set aside for reduction of
indebtedness or other lawful capital purpose, or subject to the provisions of the following Paragraphs B and
C of this Section 4, for repair, rebuilding or restoration of the trust property or for improvements thereto and
the funds so set aside shall not be deemed to be common profits available for distribution.
B. 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 during such fiscal year together with a
reasonable provision for contingencies and reserves, and after taking into account any undistributed common
profits from prior years, shall determine the assessment to be made for such fiscal year. The Trustees shall
promptly render statements to the Unit Owners for their respective shares of such assessment, according to
their percentages of interest in the common areas and facilities, as well as any costs incu rred for the
maintenance or repair of exterior portions of Buildings or Exclusive Use Easement Areas not maintained or
repaired by the Unit Owner after notice, and such statements shall be payable within thirty (30) days after
the same are rendered. In the event that the Trustees shall determine during any fiscal year that the
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assessment so made is less than the common expenses actually incurred, or in the reasonable opinion of the
Trustees likely to be incurred, 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
aforesaid. The Trustees may in their discretion provide for payments of statements in monthly or other
installments. The amount of each such statement, together with interest thereon, if not paid when due, at the
rate of eighteen (18%) percent per annum, shall constitute a lien on the Unit of the Unit Owner assessed,
pursuant to provisions of Section 6 of said Chapter l83A.
C. The Trustees shall expend common funds only for common expenses and lawful purposes
permitted hereby, by the provisions of the Master Deed, and by provisions of said Chapter l83A.
Section 5. Rebuilding and Restoration, Improvements
A. In the event of any casualty loss to the trust property, the Trustees shall determine in their
reasonable discretion whether or not such loss exceeds ten (10%) percent of the value of the Condominium
immediately prior to the casualty, and shall notify all Unit Owners of such determination. If such loss as so
determined does not exceed ten (10%) percent of such value, the Trustees shall proceed with the necessary
repairs, rebuilding or restoration in the manner provided in Paragraph (a) of Section l7 of said Chapter l83A.
If such loss as so determined does exceed ten (10%) percent of such value, the Trustees shall forthwith
submit to all Unit Owners (a) a form of agreement (which may be in several counterparts) by the Unit
Owners authorizing the Trustees to proceed with the necessary repair, rebuilding or restoration, and (b) a
copy of the provisions of said Section l7; and the Trustees shall thereafter proceed in accordance with, and
take such further action as they may, in their discretion, deem advisable in order to implement the provisions
of Paragraph (b) of said Section l7.
B. If and whenever the Trustees shall propose to make any improvement to the common areas and
facilities of the Condominium, or shall be requested in writing by the Unit Owners holding twenty-five
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(25%) percent or more of the beneficial interest in this trust to make any such improvement, the Trustees
shall submit to all Unit Owners (a) a form of agreement (which may be in several counterparts) specifying
the improvement or improvements proposed to be made and the estimated cost thereof, and authorizing the
Trustees to proceed to make the same, and (b) a copy of the provisions of Section l8 of said Chapter l83A.
Upon (a) the receipt by the Trustees of such agreement signed by Unit Owners holding seventy-five (75%)
percent or more of the beneficial interest or (b) the expiration of ninety (90) days after such agreement was
first submitted to the Unit Owners, whichever of said (a) and (b) shall first occur, the Trustees shall notify all
Unit Owners of the aggregate percentage of beneficial interest held by Unit Owners who have then signed
such agreement. If such percentage equals or exceeds seventy-five (75%) percent, the Trustees shall
proceed to make such improvement or improvements as specified in such agreement and the costs for the
same shall be paid by all of the Unit Owners in accordance with their beneficial interest. If such
percentage exceeds fifty (50%) percent, but is less than seventy-five (75%) percent, the Trustees shall
proceed to make the improvement or improvements specified in such agreement and the costs for the same
shall be paid by the Unit Owners who have signed such agreement allocated among such Unit Owners in
accordance with their beneficial interests.
C. Notwithstanding anything in the preceding Paragraphs A and B contained, (a) in the event that
any Unit Owner or Owners shall by notice in writing to the Trustees dissent from any determination of the
Trustees with respect to the value of the Condominium or any other determination or action of the Trustees
under this Section 5, and such dispute shall not be resolved within thirty (30) days after such notice, then
either the Trustees or the dissenting Unit Owner or Owners may submit the matter to arbitration, and for that
purpose one (l) arbitrator shall be designated by the Trustees, one (l) by the dissenting Unit Owner or
Owners and a third by the two arbitrators so designated, and such arbitration shall be conducted in
accordance with the rules and procedures of the American Arbitration Association, and (b) the Trustees shall
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not in any event be obliged to proceed with any repair, rebuilding or restoration, or any improvement, unless
and until they have received funds in an amount equal to the estimate of the Trustees of all costs thereof.
Section 6. Rules, Regulations, Restrictions and Requirements
The Trustees may, at any time and from time to time, adopt, amend and rescind administrative rules
and regulations governing the details of the operation and use of the common areas and facilities as are
consistent with provisions of the Master Deed and are designed to prevent unreasonable interference with
the use by the Unit Owners of their Units and of the common areas and facilities.
Section 7. Managing Agent
So long as any institutional lender shall hold a first mortgage on any portion of the Condominium or
so long as the Declarant of the Master Deed or their heirs or assigns shall hold a purchase money mortgage
on any Unit, the Trustees shall, and thereafter may, appoint a manager or managing agent to administer the
Condominium, who shall perform such duties in the administration, management and operation of the
Condominium, including the incurring of expenses, the making of disbursements and the keeping of
accounts, as the Trustees shall from time to time determine. The Trustees, or such manager or managing
agent, may appoint, employ and remove such additional agents, attorneys, accountants or employees as the
Trustees may from time to time determine. This requirement shall not be amended without the written
consent of all institutional lenders and such Declarant or their heirs or assigns so holding such mortgages.
Section 8. Insurance
The Unit Owners shall have the option of each obtaining and maintaining at their sole cost and
expense casualty and physical damage insurance on the building containing their Unit or Units as well as all
other insurable improvements forming a part of their respective Condominium Unit in an amount of not less
than one hundred (100%) percent of their full replacement values against (1) loss or damage by fire and
other hazards covered by the standard extended coverage endorsement, and (2) such other hazards and risks
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as the Trustees from time to time in their discretion shall determine to be appropriate, including but not
limited to vandalism, malicious mischief, windstorm damage, or machinery damage. All policies of casualty
or physical damage insurance obtained by the Unit Owners shall provide (1) that such policies may not be
cancelled or substantially modified without at least thirty (30) days prior written notice to all of the insureds
including the Mortgagee(s) and the Trustees, and (2) that the coverage thereof shall not be terminated for
nonpayment of premiums without, thirty (30) days notice to all of the insureds, including the mortgagee(s)
and the Trustees. Certificates of such insurance coverage and all renewals thereof, together with proof of
payment of premiums shall be delivered by the Unit Owners to the Trustees and their Mortgagee(s) at least
ten (10) days prior to the expiration of the ten current policies. In the event that a Unit Owner fails or
refuses to obtain or maintain such insurance coverage, the Trustees shall do so and assess the cost of the
same to the Unit Owner which shall be due and payable immediately upon assessment and the non-payment
of which shall constitute a lien upon the Unit. The costs for the premiums for such insurance coverage shall
be paid by the Unit Owners in accordance with the percentages set forth in Section 5 of the Master Deed.
During such periods of time as any of the Units are located within an area designated by the Federal
Emergency Management Agency (“FEMA”) as one having special flood hazards, it shall be the
responsibility of the Unit Owner(s) to obtain and maintain flood insurance in the maximum amount
obtainable under the subsidized insurance program created pursuant to the Flood Disaster Protection Act of
1973, as amended, but in no event more than the full replacement value of the Units.
The Trustees shall obtain and maintain, to the extent available, master policies of insurance of the
following kinds, naming the Trust, the Trustees, all of the Unit Owners and their mortgagees as insureds as
their interests appear:
A. In the event that the Unit Owners shall decide by majority vote not to obtain separate policies
on each of the Buildings, casualty or physical damage insurance on the Buildings and all
other insurable improvements forming part of the Condominium (including all of the Units
but not including the furniture, furnishings and other personal property of the Unit Owners
therein), together with the service machinery, apparatus, equipment and installations located
in the Condominium, and existing for the provision of central services or for common
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use, in an amount not less than one hundred (100%) percent of their full replacement
value (exclusive of foundations) as determined by the Trustees in their judgment.
B. Casualty or physical damage insurance on the common area Pump House Building and all
other insurable improvements forming part of the Common Areas and Facilities of the
Condominium in an amount no less than one hundred (100%) percent of their full
replacement value (exclusive of foundations) as determined by the Trustees in their
judgment.
C. The policy or policies obtained under paragraphs A and/or B above shall insure against (1)
loss or damage by fire and other hazards covered by the standard extended coverage
endorsement, together with coverage for the payment of common expenses with respect to
damaged Units during the period of reconstruction, and (2) such other hazards and risks as
the Trustees from time to time in their discretion shall determine to be appropriate, including
but not limited to vandalism, malicious mischief, windstorm damage, boiler and machinery
explosion or damage and plate glass damage. All policies of casualty or physical damage
insurance whether obtained by the Trustees or the Unit Owners, shall provide (1) that such
policies may not be canceled or substantially modified without at least thirty (30) days' prior
written notice to all of the insureds, including each Unit mortgagee and the Trustees, and (2)
that the coverage thereof shall not be terminated for nonpayment of premiums without thirty
(30) days' notice to all of the insureds, including each Unit mortgagee and the Trustees.
Certificates of such insurance and all renewals thereof, together with proof of payment of
premiums, shall be delivered by the Trustees to all Unit Owners and their mortgagees or by
the Unit Owners to the Trustees upon request, at least ten (10) days prior to the expiration of
the then current policies.
D. Comprehensive public liability insurance in such amounts and forms as shall be determined
by the Trustees, covering the Trust, the Trustees, all of the Unit Owners and any manager or
managing agent of the Condominium, with limits of not less than a single limit of
$1,000,000.00 for claims for bodily injury or property damage
arising out of one occurrence and a limit of $100,000.00 for each occurrence, for water
damage, legal liability, and with cross liability endorsement to cover liability of any insured
to other insureds.
E. Workmen's compensation and employer's liability insurance covering any employees of the
Trust.
F. During such periods, if any, as the Condominium, or any portion thereof, is within an area
designated by the Federal Emergency Management Agency ("FEMA") as one having special
flood hazards, the Trustees shall cause to be kept in force flood insurance with respect to the
common areas and facilities of the Condominium as well as all of the Units, in the maximum
amount obtainable under the subsidized insurance program created pursuant to the Flood
Disaster Protection Act of 1973, as amended, but in no event more than the full replacement
value of the Condominium.
G. Such other insurance as the Trustees shall determine to be appropriate.
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Such master policies shall provide that all casualty loss proceeds thereunder shall be paid to the
Trustees as insurance Trustees under these By-laws. The sole duty of the Trustees as such insurance
Trustees shall be to receive such proceeds as are paid, and to hold, use and disburse the same for the
purposes stated in this Section and Section 5 of these by-laws. If repair and restoration of the damaged
portions of the Condominium is to be made, all insurance loss proceeds shall be held in shares for the Trust
and the owners of damaged Units in proportion to the respective costs of repair or restoration of the
damaged portions of the common areas and facilities and of each damaged Unit, with each share to be
disbursed to defray the respective costs of repair or restoration of the damaged common areas and facilities
and damaged Units, and with any excess of any such share of proceeds above such cost of repair or
restoration to be paid to the Trust, or Unit Owner, or mortgagee, as their interests may appear, for whom
held upon completion of repair or restoration; but if pursuant to Section 5 of these by-laws restoration or
repair is not to be made, all insurance-loss proceeds shall be held as common funds of the Trust. Such
master and/or individual policies shall contain, except for arson or fraud, (1) waivers or subrogation as to
any claims against the Trust, the Trustees and their agents and employees, and against the Unit Owners and
their respective employees, agents, and guests, (2) waivers of any defense based on the conduct of any
insured, and (3) provisions to the effect that the insurer shall not be entitled to contribution as against
casualty insurance which may be purchased by individual Unit Owners as hereinafter permitted.
H. Each Unit Owner or his mortgagee may obtain additional insurance at his own expense,
provided that all such insurance shall contain provisions similar to those required to be
contained in the Trust's master policies waiving the insurer's rights to subrogation and
contribution. If the proceeds from the master policies on account of any casualty loss are
reduced due to proration with insurance individually purchased by the Unit Owner, such Unit
Owner agrees to assign the proceeds of such individual insurance, to the extent of the amount
of such reduction, to the Trustees to be distributed as herein provided. Each Unit Owner
shall promptly notify the Trustees of all improvements made by him or her to his or her Unit,
the value of which exceeds ONE THOUSAND and 00/100 ($1,000.00) DOLLARS and such
Unit Owner shall pay to the Trustees as an addition to his or her share of the common
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expenses of the Condominium otherwise payable by him or her any increase in insurance
premium incurred by the Trust which results from such improvement.
I. The cost of such master and common insurance except as hereinbefore provided, shall be
deemed a common expense assessable and payable as provided in Sections 3 and 4 of these
By-laws.
Section 9. Sale or other Disposition of Units
Any right of first refusal with respect to the sale or other disposition of Units which may hereafter be
adopted by amendment to the Master Deed, which provisions shall be incorporated herein by reference, shall
be exercised by the Trustees. In the event that the Trustees shall elect to purchase or lease a Unit pursuant to
any such provisions, the purchase price (or rental) and the costs thereof shall constitute common expenses
and the Trustees may expend common funds therefor.
Section 10. Meetings
A. The Trustees shall meet annually on the date of the annual meeting of the Unit Owners and at
such meeting may elect the Chairperson, Treasurer, Secretary or other officers hereinbefore provided for.
Other meetings may be called by any two (2) Trustees and in such other manner as the Trustees may
establish, provided, however, that written notice of each meeting stating the place, day and hour thereof shall
be given at least two (2) days before such meeting to each Trustee which notice may be waived in writing
signed by all the Trustees. Such meetings shall be conducted in accordance with such rules as the Trustees
may adopt.
B. There shall be an annual meeting of the Units Owners on a date and time designated by the
Trustees at such reasonable place and time as may be designated by the Trustees by notice given to the Unit
Owners at least seven (7) days prior to the date, time and place so designated. Special meetings of the Unit
Owners may be called at any time by the Trustees and shall be called by them upon the written request of
Unit Owners entitled to more than thirty-three and one-third (33 1/3) percent of the beneficial interest
hereunder. Written notice of any such meeting designating the place, day and hour thereof shall be given by
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the Trustees to the Unit Owners at least seven (7) days prior to the date so designated. At the ann ual
meeting of the Unit Owners the Trustees shall submit reports of the management and finances of the
Condominium. Whenever at any meeting the Trustees propose to submit to the Unit Owners any matter
with respect to which approval of or action by the Unit Owners is necessary or appropriate, the notice of
such meeting shall reasonably specify such matter.
Section 11. Notices to Unit Owners
Every notice to any Unit Owner required under the provisions hereof, or which may be deemed by
the Trustees necessary or desirable in connection with the execution of the trust created hereby or which
may be ordered in any judicial proceeding shall be deemed sufficient and binding if a written or printed copy
of such notice shall be given by one or more of the Trustees to such Unit Owner by mailing it, postage
prepaid, and addressed to such Unit Owner at his or her address as it appears on the records of the Trustees,
at least seven (7) days prior to the date fixed for the happening of the matter, thing or event of whi ch such
notice is given. Any notice sent to the Unit Owner hereunder will also be sent to any mortgagee of such
Unit who so requests in writing and includes a stamped, self-addressed envelope, but failure to send such
notice shall not affect any right or liability herein or in the Master Deed contained.
Section 12. Inspection of Books; Reports to Unit Owners
Books, accounts and records of the Trustees shall be open to inspection to any one or more of the
Trustees and the Unit Owners at all reasonable times. The Trustees shall, as soon as reasonably possible
after the close of each fiscal year, or oftener if convenient to them, submit to the Unit Owners a report of the
operations of the Trustees for such year which shall include financial statements in such summary form and
in only such detail as the Trustees shall deem proper. Any person who has been furnished with such report
and shall have failed to object thereto by notice in writing to the Trustees given by registered mail within a
period of one (1) month of the date of the receipt by him shall be deemed to have assented thereto.
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Section 13. Checks, Notes, Drafts and Other Instruments
Checks, notes, drafts and other instruments for the payment of money drawn or endorsed in the
names of the Trustees or of the Trust may be signed by any one (1) Trustees, or by any person or persons to
whom such power may at any time or from time to time be delegated by not less than a majority of the
Trustees.
Section l4. Seal
The seal of the Trustees shall be circular in form, bearing the inscription –THE WAYFARERS
ALL CONDOMINIUM TRUST - 2020 - but such seal may be altered by the Trustees at pleasure and the
Trustees may, at any time or from time to time, at their option, adopt a common or wafer seal which shall be
valid for all purposes, or they may sign any instrument under seal without being required to affix a formal,
common or wafer seal.
Section 15. Fiscal Year
The fiscal year of the trust shall be the year ending with the last day of December, or such other date
as may from time to time be determined by the Trustees.
ARTICLE VI
Rights and Obligations of Third
Parties Dealing with the Trustees
Section l. No purchaser, mortgagee, lender or other person dealing with the Trustees as they then
appear of record in said Registry shall be bound to ascertain or inquire further as to the persons who are then
Trustees hereunder, or be affected by any notice, implied or actual, otherwise than by a certificate thereof,
and such record or certificate shall be conclusive evidence of the personnel of said Trustees and of any
changes therein. The receipts of the Trustees, or any one or more of them, for moneys or things paid or
delivered to them or him shall be effectual discharges therefrom to the persons paying or delivering the same
and no person from whom the Trustees, or any one or more of them, shall receive any money, property or
20
other credit shall be required to see to the application thereof. No purchaser, mortgagee, lender or other
person dealing with the Trustees or with any real or personal property which then is or formerly 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, or any one or more of them, 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 Trustee, and any instrument of appointment of a new Trustee or resignation of an old
Trustee purporting to be executed by the Trustees, Unit Owners or other persons herein required to execute
the same, shall be conclusive evidence in favor of any such purchaser or other person dealing with the
Trustees of the matters therein recited relating to such discharge, resignation or appointment or the occasion
thereof.
Section 2. No recourse shall at any time be had under or upon any note, 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, 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 proceeding, 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
contract or claim, 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 be personally liable therefor; provided, however, that nothing herein
contained shall be deemed to limit or impair the liability of Unit Owners under provisions of Section 8 of
Article III hereof or under provisions of said Chapter l83A.
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Section 3. Every note, 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 and conditions,
provisions and restrictions hereof, whether or not express reference shall have been made to this instrument.
Section 4. This Declaration of Trust and any amendments hereto and any certificate herein
required to be recorded and any other certificate or paper signed by said Trustees or any two (2) of them,
provided that there shall be at least two (2) Trustees, which it may be deemed desirable to record shall be
recorded with said Registry District and such record 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 thereunder 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 recorded with said Registry District. Any certificate, including a 6(d) Certificate, signed by the Trustees
in office at the time or any two (2) of them, if there be at least two (2) Trustees then in office, setting forth as
facts any matters affecting the trust, including statements as to who are the beneficiaries, as to what action
has been taken by the beneficiaries, and as to matters determining the authority of the Trustees to do any act,
when duly acknowledged and recorded with said Registry District 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 any two (2) Trustees hereunder, if there be at least two (2) Trustees then in
office, including a 6(d) Certificate, setting forth the existence of any facts, the existence of which is
necessary to authorize the execution of any instrument or the taking of any action by such Trustee or
majority, as the case may be, shall, as to all persons acting in good faith in reliance thereon be conclusive
evidence of the truth of the statements made in such certificate and of the existence of the facts therein set
forth.
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ARTICLE VII
Amendments and Termination
Section l. The Trustees, with the consent in writing of Unit Owners entitled to not less than
seventy-five (75%) percent of the beneficial interest hereunder, 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 always, however, that no such amendment, alteration, addition or change (a) 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 from the
percentage of the individual interest of such Unit Owner in the common areas and facilities as set forth in the
Master Deed, or (b) which would render this trust contrary to or inconsistent with any requirements or
provisions of said Chapter l83A, shall be valid or effective. Any amendment, alteration, addition or change
pursuant to the foregoing provisions of this paragraph shall become effective upon the registering with said
Registry District of an instrument of amendment, alteration, addition or change, as the case may be, signed,
sealed and acknowledged in the manner required in Massachusetts for the acknowledgment of deeds, by any
two (2) Trustees, if there be at least two (2) then in office, setting forth in full the amendment, alteration,
addition or change and reciting the consent of the Unit Owners herein required to consent thereto. 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. Nothing in this paragraph contained shall be construed as making it obligatory upon the
Trustees to amend, alter, add to or change the Declaration of Trust upon obtaining the necessary consent as
hereinbefore provided.
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Section 2. The Trust hereby created shall terminate only upon the removal of the Condominium
from the provisions of said Chapter l83A in accordance with the procedure therefor set forth in Section l9 of
said Chapter.
Section 3. Upon the termination of this Trust, the Trustees may, subject to and in accordance with
provisions of said Chapter l83A, sell and convert into money the whole of the trust property, or an y 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, all other property then
held by them in trust hereunder, to the Unit Owners according to their respective percentages of beneficial
interest hereunder. And in making any sale under this provision the Trustees shall have power to sell by
public auction or private contract and to buy in or rescind 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 be 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 times herein fixed for
distribution of trust property may have passed.
ARTICLE VIII
Construction and Interpretation
In the construction hereof, whether or not so expressed, words used in the singular or in the plural
respectively include both the plural and singular, words denoting males include females, and words denoting
persons include individuals, firms, associations, companies (joint stock or otherwise), trusts and corporations
unless a contrary intention is to be inferred from or required by the subject matter or context. The cover,
24
title, headings of different parts hereof, the table of contents and the marginal notes, if any, are inserted only
for convenience of reference and are not to be taken to be any part hereof or to control or affect the meaning,
construction, interpretation or effect hereof. All the trusts, powers and provisions herein contained shall take
effect and be construed according to the law of the Commonwealth of Massachusetts. Unless the context
otherwise indicates, words defined in said Chapter l83A shall have the same meaning herein.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO IMMEDIATELY FOLLOW
25
IN WITNESS WHEREOF, the aforesaid Trustees have hereunto set their hands and seals on the
day and year first hereinabove set forth.
SAMIH T. HOMSI
CARMELA HOMSI
COMMONWEALTH OF MASSACHUSETTS
COUNTY OF BARNSTABLE
On this day of , 2020, before me, the undersigned notary public, personally
appeared Samih T. Homsi and Carmela Homsi, proved to me through satisfactory evidence of
identification, which were ____________________________________________________, proved to be
the persons whose names are signed on the preceding or attached document as their free act and deed in my
presence, and who swore and affirmed to me that the contents of the document are truthful and accurate to
the best of their knowledge and belief, and acknowledged to me that they signed it voluntarily for its stated
purpose.
, Notary Public
My commission expires:
Abutting Properties for
186 &190 SEAVIEW AVE SOUTH
YARMOUTH, MA 02664
19/ 93/ / /
(300 feet)
Location:
19/ 94/ / /
96 SOUTH SHORE DR
Owner:
LEAHY JAMES K
LEAHY DEBORA J
661 LIBERTY ST
BRAINTREE, MA 02184-7333
Location:
19/ 93/ / /
186 &190 SEAVIEW AVE
Owner:
HOMSI SAMIH T
HOMSI CARMELA
2 SWANDALE DRIVE
MENDON, MA 01756
Location:
19/ 92/ / /
182 &184 SEAVIEW AVE
Owner:
PAPADOPOULOS GEORGE TRS
270 WESTERN AVE RE TRUST
780 BELMONT ST
WATERTOWN, MA 02472
Location:
19/ 91/ / /
178 SEAVIEW AVE
Owner:
ANDERSON MICHAEL D
ANDERSON RENEE M
2 UPSTONE DR
NASHUA, NH 03063
Location:
19/ 41.1.1/ / /
19 PARKERS NECK RD
Owner:
MUSCOLINO ANGELO
MUSCOLINO KATHLEEN
16 WINCHESTER PL
LOUDONVILLE, NY 12211
Location:
19/ 41.1.3/ / /
188 PAWKANNAWKUT DR
Owner:
FLYNN THOMAS F III TRS
FLYNN DONNA M
4 LORI COURT
PITTSFIELD, MA 01201
Location:
19/ 97/ / /
9 BRIAR CIR
Owner:
FISHMAN MARC J TRS
FISHMAN FAMILY TRUST
21 HARLAN CIR
BROCKTON, MA 02301
Location:
19/ 98/ / /
15 BRIAR CIR
Owner:
SHIPLEY ALAN M
P O BOX 639
SOUTH YARMOUTH, MA 02664
Location:
19/ 99/ / /
19 BRIAR CIR
Owner:
BUCUVALAS CAROLYN J
19 BRIAR CIR
SOUTH YARMOUTH, MA 02664-5704
Location:
25/ 337/ / /
27 BRIAR CIR
Owner:
COONEY PETER
LUCAS CAROLE
27 BRIAR CIRCLE
SOUTH YARMOUTH, MA 02664
Location:
19/ 101/ / /
12 BRIAR CIR
Owner:
DEYESO MARY LOU
12 BRIAR CIR
SOUTH YARMOUTH, MA 02664
Location:
19/ 29/ / /
86 SOUTH SHORE DR
Owner:
KELLEHER STEPHEN E TRS
KELLEHER TRACI M TRS
19 WARREN RD
NORTHBOROUGH, MA 01532
Location:
19/ 5/ / /
73 SOUTH SHORE DR
Owner:
BASS RIVER HOTEL LLC
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 3/ / /
107 SOUTH SHORE DR
Owner:
KJ INGOLD LLC
C/O SURFCOMBER MOTEL
112 SOUTH SHORE DR
SOUTH YARMOUTH, MA 02664
Location:
19/ 2/ / /
SOUTH SHORE DR
Owner:
TOWN OF YARMOUTH
PARK DEPT
1146 ROUTE 28
SOUTH YARMOUTH, MA 02664-4463
Location:
19/ 90/ / /
176 SEAVIEW AVE
Owner:
KELLEY KAREN M (LIFE EST)
C/O ENOS NANCY
732 JACQUES CIR
CHESTER SPRINGS, PA 19425
Location:
25/ 56/ / /
169 SEAVIEW AVE
Owner:
MCCORMICK SHEILA K TR
SEA VIEW GALS REALTY TRUST
PO BOX 1004
UPTON, MA 01568
Location:
19/ 38/ / /
171 SEAVIEW AVE
Owner:
PETKAUSKOS BRANDON P TR
PARKERS NECK RLTY TRUST
P O BOX 608
OSTERVILLE, MA 02655
Location:
19/ 37/ / /
175 SEAVIEW AVE
Owner:
GENTILE NANCY
110 NAVILLUS RD
TEWKSBURY, MA 01876
Location:
19/ 35/ / /
179 SEAVIEW AVE
Owner:
MOYNIHAN JOHN J JR TRS
MOYNIHAN ANNE M TRS
20 DORLANDO WAY
DANVERS, MA 01923
Location:
19/ 34/ / /
181 SEAVIEW AVE
Owner:
FOX JOHN J
2262 VISTAMAR
TOLEDO, OH 43611
Location:
19/ 33/ / /
185 SEAVIEW AVE
Owner:
NORWOOD GEORGE K
NORWOOD KELLY A
69 PINE TREE DR
METHUEN, MA 01844
Location:
19/ 32/ / /
187 SEAVIEW AVE
Owner:
SEARS JOHN G
SEARS JOYCE
251 MAIN ST
SOUTH YARMOUTH, MA 02664-4531
Location:
19/ 30/ / /
201 SEAVIEW AVE
Owner:
HOLBROOK DAVID P TR
33 KEATING CIR
SOUTH WEYMOUTH, MA 02190
Location:
25/ 354/ / /
24 BRIAR CIR
Owner:
CARROLL GEORGE F TRS
CARROLL ELIZABETH A
24 BRIAR CIR
SOUTH YARMOUTH, MA 02664
Location:
19/ 96/ / /
7 BRIAR CIR
Owner:
COWLES ROYAL E TR (EST OF)
BASS RIVER RLTY TRUST
19 CHARING RD
SOUTH WINDSOR, CT 06074
Location:
19/ 95/ / /
102 SOUTH SHORE DR
Owner:
FOILB ANDREW
15 FOSTER DR
FRAMINGHAM, MA 01701
Location:
19/ 100/ / /
18 BRIAR CIR
Owner:
BRAZA EDWARD P JR
BRAZA JULENE
PO BOX 189
WESTBROOK, CT 06498-0189
Location:
25/ 355/ / /
21 LITTLE DIPPER LN
Owner:
LECLAIR STEPHEN T
LECLAIR BARBARA
40 HOLLY LN
BRIDGEWATER, MA 02324-2833
Location:
19/ 28/ / /
80 SOUTH SHORE DR
Owner:
KELLEHER STEPHEN E TRS
KELLEHER TRACI M TRS
19 WARREN RD
NORTHBOROUGH, MA 01532
Location:
19/ 4/ C101/ /
97 SOUTH SHORE DR UNIT 101
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C102/ /
97 SOUTH SHORE DR UNIT 102
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C103/ /
97 SOUTH SHORE DR UNIT 103
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C104/ /
97 SOUTH SHORE DR UNIT 104
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN , RI 02842
Location:
19/ 4/ C105/ /
97 SOUTH SHORE DR UNIT 105
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C106/ /
97 SOUTH SHORE DR UNIT 106
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C107/ /
97 SOUTH SHORE DR UNIT 107
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C108/ /
97 SOUTH SHORE DR UNIT 108
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C109/ /
97 SOUTH SHORE DR UNIT 109
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C201/ /
97 SOUTH SHORE DR UNIT 201
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C202/ /
97 SOUTH SHORE DR UNIT 202
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C203/ /
97 SOUTH SHORE DR UNIT 203
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C204/ /
97 SOUTH SHORE DR UNIT 204
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C205/ /
97 SOUTH SHORE DR UNIT 205
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C206/ /
97 SOUTH SHORE DR UNIT 206
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C207/ /
97 SOUTH SHORE DR UNIT 207
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C208/ /
97 SOUTH SHORE DR UNIT 208
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C209/ /
97 SOUTH SHORE DR UNIT 209
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
25/ 336/ C1/ /
170 SEAVIEW AVE UNIT 1
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C10/ /
170 SEAVIEW AVE UNIT 10
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C11/ /
170 SEAVIEW AVE UNIT 11
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C12/ /
170 SEAVIEW AVE UNIT 12
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C14/ /
170 SEAVIEW AVE UNIT 14
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C15/ /
170 SEAVIEW AVE UNIT 15
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C16/ /
170 SEAVIEW AVE UNIT 16
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C17/ /
170 SEAVIEW AVE UNIT 17
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C18/ /
170 SEAVIEW AVE UNIT 18
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C19/ /
170 SEAVIEW AVE UNIT 19
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C2/ /
170 SEAVIEW AVE UNIT 2
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C20/ /
170 SEAVIEW AVE UNIT 20
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C21/ /
170 SEAVIEW AVE UNIT 21
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C22/ /
170 SEAVIEW AVE UNIT 22
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C23/ /
170 SEAVIEW AVE UNIT 23
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C24/ /
170 SEAVIEW AVE UNIT 24
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C25/ /
170 SEAVIEW AVE UNIT 25
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C26/ /
170 SEAVIEW AVE UNIT 26
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C27/ /
170 SEAVIEW AVE UNIT 27
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C28/ /
170 SEAVIEW AVE UNIT 28
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C29/ /
170 SEAVIEW AVE UNIT 29
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C3/ /
170 SEAVIEW AVE UNIT 3
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C30/ /
170 SEAVIEW AVE UNIT 30
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C31/ /
170 SEAVIEW AVE UNIT 31
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C32/ /
170 SEAVIEW AVE UNIT 32
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C33/ /
170 SEAVIEW AVE UNIT 33
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C34/ /
170 SEAVIEW AVE UNIT 34
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C35/ /
170 SEAVIEW AVE UNIT 35
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C4/ /
170 SEAVIEW AVE UNIT 4
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C5/ /
170 SEAVIEW AVE UNIT 5
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C6/ /
170 SEAVIEW AVE UNIT 6
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C7/ /
170 SEAVIEW AVE UNIT 7
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C8/ /
170 SEAVIEW AVE UNIT 8
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
25/ 336/ C9/ /
170 SEAVIEW AVE UNIT 9
Owner:
BINITA HOLDINGS LLC
4 BALLERINA CT
NASHUA, NH 03062
Location:
19/ 36/ / /
177 SEAVIEW AVE
Owner:
BULGAKOV VITALY
BULGAKOVA MARINA
57 METROPOLITAN AVE
ASHLAND, MA 01721
Location:
19/ 108/ / /
17 LITTLE DIPPER LN
Owner:
BARRY ELIZABETH A TRS
BARRY WILLIAM A III TRS
8417 BLACK STALLION PL
VIENNA, VA 22182
Location:
19/ 107/ / /
7 &9 LITTLE DIPPER LN
Owner:
JOHNSON ERIC A
AGALLIANOS HELEN P
208 WEST OREGON ST
URBANA , IL 61801
Location:
19/ 106/ / /
5 LITTLE DIPPER LN
Owner:
GUDEN JOSEPH N JR
GUDEN KATHLEEN L
155 CHILTON ST
BELMONT, MA 02478
Location:
19/ 104/ / /
112 SOUTH SHORE DR
Owner:
REILLY MILDRED A
C/O KERRY INGOLD
107 SOUTH SHORE DRIVE
SOUTH YARMOUTH, MA 02664
Location:
19/ 105/ / /
116 SOUTH SHORE DR
Owner:
BIZUNOK VALENTINA
BIZUNOK ALEX
109 PAWKANNAWKUT DR
WEST YARMOUTH, MA 02673
Location:
19/ 103/ / /
4 BRIAR CIR
Owner:
VERMETTE DAVID N
VERMETTE JACQUELINE
235 KENDALL ST
LUDLOW, MA 01056
Location:
19/ 102/ / /
8 BRIAR CIR
Owner:
BRIAR CAPE INVESTMENTS LLC
135 ACADEMY AVE
WEYMOUTH, MA 02188
Location:
19/ 4/ C110/ /
97 SOUTH SHORE DR UNIT 110
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C111/ /
97 SOUTH SHORE DR UNIT 111
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C112/ /
97 SOUTH SHORE DR UNIT 112
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C113/ /
97 SOUTH SHORE DR UNIT 113
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C114/ /
97 SOUTH SHORE DR UNIT 114
Owner:
OCEAN MIST LLC
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C115/ /
97 SOUTH SHORE DR UNIT 115
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C116/ /
97 SOUTH SHORE DR UNIT 116
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C117/ /
97 SOUTH SHORE DR UNIT 117
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C118/ /
97 SOUTH SHORE DR UNIT 118
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C119/ /
97 SOUTH SHORE DR UNIT 119
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C120/ /
97 SOUTH SHORE DR UNIT 120
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C121/ /
97 SOUTH SHORE DR UNIT 121
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C122/ /
97 SOUTH SHORE DR UNIT 122
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C123/ /
97 SOUTH SHORE DR UNIT 123
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C124/ /
97 SOUTH SHORE DR UNIT 124
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C125/ /
97 SOUTH SHORE DR UNIT 125
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C126/ /
97 SOUTH SHORE DR UNIT 126
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C127/ /
97 SOUTH SHORE DR UNIT 127
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C128/ /
97 SOUTH SHORE DR UNIT 128
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C129/ /
97 SOUTH SHORE DR UNIT 129
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C130/ /
97 SOUTH SHORE DR UNIT 130
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C131/ /
97 SOUTH SHORE DR UNIT 131
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C210/ /
97 SOUTH SHORE DR UNIT 210
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C211/ /
97 SOUTH SHORE DR UNIT 211
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C212/ /
97 SOUTH SHORE DR UNIT 212
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C213/ /
97 SOUTH SHORE DR UNIT 213
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C214/ /
97 SOUTH SHORE DR UNIT 214
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C215/ /
97 SOUTH SHORE DR UNIT 215
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C216/ /
97 SOUTH SHORE DR UNIT 216
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C217/ /
97 SOUTH SHORE DR UNIT 217
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C218/ /
97 SOUTH SHORE DR UNIT 218
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C219/ /
97 SOUTH SHORE DR UNIT 219
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C220/ /
97 SOUTH SHORE DR UNIT 220
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C221/ /
97 SOUTH SHORE DR UNIT 221
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C222/ /
97 SOUTH SHORE DR UNIT 222
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C223/ /
97 SOUTH SHORE DR UNIT 223
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C224/ /
97 SOUTH SHORE DR UNIT 224
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C225/ /
97 SOUTH SHORE DR UNIT 225
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C226/ /
97 SOUTH SHORE DR UNIT 226
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C227/ /
97 SOUTH SHORE DR UNIT 227
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C228/ /
97 SOUTH SHORE DR UNIT 228
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C229/ /
97 SOUTH SHORE DR UNIT 229
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C230/ /
97 SOUTH SHORE DR UNIT 230
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C231/ /
97 SOUTH SHORE DR UNIT 231
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 4/ C232/ /
97 SOUTH SHORE DR UNIT 232
Owner:
OCEAN MIST LLC
C/O NEWPORT HOTEL GROUP
28 JACOME WAY
MIDDLETOWN, RI 02842
Location:
19/ 45.1.2/ / /
12 BARKENTINE CIR
Owner:
BECK JOHN C TRS
BECK JANET M TRS
10 JACOB COBB LN
NORTHBOROUGH, MA 01532-2288
Location:
19/ 46.1/ / /
16 BARKENTINE CIR
Owner:
JOYCE ELIZABETH TR
JOYCE RLTY TRUST
135 ACADEMY AVE
WEYMOUTH, MA 02188
Location:
19/ 41.1.2/ / /
184 PAWKANNAWKUT DR
Owner:
GROSSMAN ROBERT S TRS
GROSSMAN SHEILA C TRS
184 PAWKANNAWKUT DR
SOUTH YARMOUTH, MA 02664