HomeMy WebLinkAbout503 Route 28 Bayberry Village BylawsBk 30535 PS24 _11Wr_27452
06-05-2017 a 11=16cx
AMENDMENT TO THE BY-LAWS OF THE
BAYBERRY VILLAGE CONDOMINIUM ASSOCIATION
This Amendment to the By -Laws of the Bayberry Village Condominium Association (the
Association") is made and executed this day of j a ek 2017, by the duly
authorized Board of Managers of the Bayberry Village Condominium Association, who hereby
certify that Unit Owners entitled to not less than c-1 cl,W,
� 1 - -, in nuiuber and common
interest of all Unit Owners in the Bayberry Village Condominium Association voted to approve this
amendment at a meeting of the Unit Owners duly held for the purpose hereof, pursuant to the power
and authority set forth under Article XI and every other power of the Bayberry Village
Condominium Association By -Laws dated February 13, 1982, and recorded with the Barnstable
County Registry of Deeds at Book 3437, Page I (the "By -Laws").
Reference is also made to the Master Deed of the Bayberry Village Condominium dated February
13, 1982, recorded with said Registry of Deeds at Book 3436, Page 303, as amended (the "Master
Deed").
Pursuant hereto, the By -Laws, are hereby amended as follows:
1. Article 1, Section 4 is hereby deleted in its entirety.
2. Article 11, Section I is hereby deleted in its entirety and replaced with the following new
Article 11, Section I to read as follows:
"SECTION 1. Number and Qualifications - The affairs of the Condominium shall be governed by a
Board of Managers. The Board of Managers shall be composed of -id-H-00 01) j--;0r'!-,0-ns, except as
hereinafter set forth, all of whom shall be owners or spouses of owners or mortgagees of units, or in
the case of fiduciary owners or mortgagees shall be the fiduciaries or officers or employees of such
fiduciaries."
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3. Article II, Section 2(m) is hereby deleted in its entirety and replaced with the following
new Article II, Section 2(m) to read as follows:
"(m) Borrowing money on behalf of the Condominium when required in connection with the
operation, care, upkeep and maintenance of the common elements, provided, however, that (i) the
consent of at least � x in number and in common interest of all unit owners,
obtained at a meeting duly called and held for such purpose in accordance with the provisions of
these By -Laws, shall be required for the borrowing of 4 ;_ M excess o: five thousand de -Hans
($5,000) and (ii) no lien to secure repayment of any sum borrowed may be created on any unit or its
appurtenant interest in the cominon elements without the consent of the unit owner."
4. The following new paragraph shall be added to the end of Article II, Section 4 to read as
follows:
"Elections shall occur each year, as needed, at the annual meeting or, if necessary or appropriate, at
a special meeting of the Unit Owners. Any election for which a quorum has been established shall
require a vote of a plurality of the beneficial interest of Unit Owners to elect one or more Board
members as the case may be. In the event of a tie, the matter shall be determined by lot. The Board
may, from time to time, promulgate election procedures in accordance with the terms of this Section
facilitate elections."
5. Article II, Section 5 is hereby deleted in its entirety and replaced with the following new
Article II, Section 5 to read as follows:
"SECTION 5. Removal of Members of the Board of Managers - Any Trustee may, (1) with cause,
be removed by a vote of majority of the then serving Trustees, or (2) with or without cause, be
r. _
_ovecl r=v� _. _-41_s ��v__ i _ -,emu at a special meeting duly called
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therefore. In either case, the Trustee to be removed shall be afforded the opportunity to be heard at
a meeting of the Board or the Unit Owners. The vacancy so resulting shall be filled in the manner
provided herein. Any removal shall become effective upon the recording of a certificate thereof
with the Registry of Deeds executed by one or more of the then remaining Trustees in office."
6. Article II, Sections 8 and 9 are hereby deleted in their entirety and replaced with the
following new Article II, Sections 8 and 9 to read as follows:
"SECTION 8. Regular Meetings - Regular meetings of the Board of Managers may be called by
the President on three (3) business days' notice to each member of the Board of Managers, given by
mail, phone or email, which notice shall state the time, place and purpose of the meeting. Special
meetings of the board of Managers shall be called by the President or Secretary in like manner and
on the written request of at least two (2) members of the Board of Managers.
SECTION 9. Special Meetings - Special meetings of the .Board of Managers may be called by the
President on three (3) business days' notice to each member of the Board of Managers, given by
mail, phone or email, which notice shall state the time, place and purpose of the meeting. Special
meetings of the Board of Managers shall be called by the President or Secretary in like manner and
on the written request of at least two (2) members of the Board of Managers."
7. Article III, Section 2 is hereby deleted in its entirety and replaced with the following new
Article III, Section 2 to read as follows:
"SECTION 2. Place of Meetings - Meetings of the unit owners shall be held in such suitable place
convenient to the unit owners as may be designated by the Board of Managers. Meetings of the
Board of Managers _:<. allso i c 1-ie] = electronicafliny or by tele lhoni means."
8. Article III, Section 5 is hereby deleted in its entirety and replaced with the following new
Article III, Section 5 to read as follows:
I
"SECTION 5. - Adjournment of Meeting - If any meeting of unit owners cannot be held because a
quorum has not attended, a majority in common interest of the unit owners who are present at such
meeting, either in person or by proxy, may adjourn the meeting to a time not less than forty-eight
(48) hours from the time the original meeting was called."
9. Article 111, Sections 8 through 11 are hereby deleted in their entirety and replaced with the
following new Article 111, Sections 8 through 10 to read as follows:
"SECTION 8. Voting - The owner or owners of each unit, or a Board member or other unit owner
designated by such owner or owners to act as proxy on his or their behalf, shall be entitled to cast
the votes appurtenant to such units at all meetings of unit owners. The designation of any such
proxy shall be made in writing to the Secretary, and shall be revocable at any time by written notice
to the Secretary by the owner or owners so designating. Any or all of such owners may be present
at any meeting of the unit owners and may vote or take any other action as a unit owner either in
person or by proxy. The total number of votes of all writ owners shall be twenty-two (22). Each
Uljlfl bo sit nialed to ctast as of for each w-nit owate id bv said ownerequall to the niterest in
TI-1 c-cnnnnn)n aruas and fiac'!'t' to awli , I'said unnits, A fiduciary or corporation shall
� i,, I th ic-,s applinenarl, , o
be the voting member with respect to any unit owned in a fiduciary or corporate capacity.
Whenever any unit 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 Board of Managers of such designation by a notice in writing signed by all of the
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record owners of such unit. In the absence of any such notice of designation, the Board of
Managers may designate any one such owner for such purposes.
SECTION 9. Majority Vote - Unless otherwise specifically provided herein or by law, the vote, of
``.,..=.€4Ch5,d, =-t a...,._<: �.__,.�� �,xz ,.,.ice ...<.�'�€d,t�.�. I�=at,tx ,__ � oi.i�''2?..,;,�� ?:1 accordance�.'i-il t
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F t,�'rcc tafi ._ 3 1 .i" ,! ..,«'i 1�..'...h ix he li s;t'r .Deed. t. _. S.0 ' -present in person or Div rroxy at a duly,
, fit 4 c nic-d li �cnffl e zE__ ni-,- a , .`45 . � � �._ �: wi z �<_ €€V 1 _ 41f i1 r
." .t r?,> L0 a,€:a.� . e rna .i4 vfl s+ l';. >�.a> .'x.C, ..,t il3�.. t i,i t,..fU--t .
SECTION 10. Quorum - A quorum for the purposes of conducting business at meetings of the unit
owners shall equal representation of at least . percen-t i E 10% of the beneficial interests (weighted
in accordance with the percentage interests set forth in the Master Deed, Exhibit D)."
10. Article V, Section 2 is hereby deleted in their entirety and replaced with the following new
Article V, Section 2 to read as follows:
"SECTION 2. Maintenance and Repair of Units - The owners of Units shall be responsible for
proper maintenance and repair of their respective units and the maintenance and repair and
replacement of utility fixtures therein serving the same, including, without limitation, interior finish
walls, ceilings, and floors; the interior portions of windows and window frames, the interior window
trim and window glass; doors; the interior portions of door frames and interior door trim; pi 1b.i v
and sanitanv %;%, astc fixairesl andflxtures tbr water and Othiff L4. 1.?, cle, ricer_ 'fixtures and _uttlets'
Arid a!] vvres. pipes, a ,,� an t c o1-dwits fog water, sewerage, electric , power and light, telephone and
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any other utility services which are contained in and serve such unit. The owners of all Units shall
be responsible for the foregoing maintenance and repairs and also for the further maintenance and
repairs of their units exterior walls, siding and roof, and exterior portions of window and door
I
frames. 1F.ac'n ,hall be 1-00,Uffl-cd to iinsilDC' Ullits as pro v€ded mArtncle V. Seer' -1
M,
olsh, be deC-nne"d to, electcd to, s-fll-risuic av�a!'nsl any loss Mereto.
If the Board of Managers shall at any time in its reasonable judgment determine that the interior of a
Unit is in such need of maintenance or repair that the market value of one or more other Units is
being adversely affected or that the condition of a Unit or any fixtures, furnishing, facility or
equipment therein is hazardous to any unit or the occupants thereof, the Board of Managers shall in
writing request the Unit Owner to perform the needed maintenance, repair or replacement or to
correct the hazardous condition, and in case such work shall not have been commenced within
fifteen (15) days (or such reasonable shorter period in case of emergency as the Board of Managers
shall detennine) of such request and thereafter diligently brought to completion, the Board of
Managers shall be entitled to have the work performed for the account of such Unit Owner whose
Unit is in need of work and to enter upon and have access to such Unit for that purpose and the cost
of such work as it reasonable necessary therefor shall constitute a lien upon such Unit and the Unit
Owner thereof shall be personally liable therefor."
11. Article V, Sections 3 and 4 are hereby deleted in their entirety and replaced with the
following new Article V, Sections 3 and 4 to read as follows:
"SECTION 3. Maintenance. Repair and Replacement of common areas and facilities an
Assessment of Common Expenses Thereof - -11111-Ok- 13,oard ed' ","llanag-er:s be responsib le for the
r andl --erd i�, A
0� 1h,, Ck)ni-imon areas and --a-C-111nes M 01C
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IK ff1H115L!fl1- '-Ind
J AL-ent and th� SUCII
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t 0-k7 ne-S as con-1-Trion exvcnse-s of
'u h a-nwo"Irw tin MHU H 1� I-N n"MU '11 C- �—CM I les necessaaled'
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H" k%,T'1MC�11-,,_, SUCh e-pense S-hafl. b- ckam-e-d to SId---
SECTION 4. Rebuilding and Restoration - The following provisions shall apply in the case of
casualty loss or condemnation:
A. Casualty Loss. In the event of damage to or destruction of the Condominium as a
result of fire or any other casualty, the Board shall proceed as follows:
(1) Casualty Loss to units. Where such damage or destruction is solely to a unit, or
units, the Insurance Trustees designated herein shall promptly adjust and collect the loss and
disburse the master policy insurance proceeds in appropriate progress payments with appropriate
retainage to the unit owner(s) affected so as to facilitate and ensure the repair and restoration of the
unit or units, so damaged or destroyed. In such case as an affected unit owner should fail to
promptly take such action as the Board deems appropriate to repair or restore his unit, the Board
may, but shall not be obligated to, proceed thereto, in whole or in part, for his account and utilize
the said insurance proceeds accordingly. The affected unit owner(s) shall bear any cost or expense
for such repair and restoration in excess of the available insurance proceeds under the master policy,
including any excess resultant from the application of any deductible thereon. Where more than one
unit is so damaged or destroyed, said proceeds and deductible shall be apportioned based upon the
basis of the relative damage to each unit; provided, however, that in such case as such damage or
destruction is caused by the acts or omissions of a unit owner, his family, servants, agents,
employees, invitees, licensees or lessees, any deficiency in the insurance proceeds shall be home
solely by such unit owner. Similarly, should there be any deficiency in the insurance proceeds
resultant from a unit owner's failure to promptly and accurately report any improvements to his
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unit, such deficiency shall be borne by such unit owner. The extent to which the cost is in excess of
the insurance proceeds is attributable to such unit owner's failure to report improvements or is due
to the acts or omissions as aforesaid shall be determined by the Board members in their reasonable
discretion.
(2) Casualty Loss to Unit and Common Areas or Common Areas Only. Where such
damage or destruction is solely to the common areas, or to both the common areas and units, the
Board, in its reasonable discretion, shall forthwith determine whether or not the loss exceeds ten
percent (10%) of the value of the entire Condominium immediately prior to the casualty and
thereupon shall notify all unit owners of such determination. In furtherance thereof the Board may
employ such persons, firms or entities as are, in their judgment, appropriate to assist in such
determination.
(3) Loss Less Than Ten Percent. If the loss as so detennined is less than, or equals, ten
percent (10%) of the value of the entire Condominium immediately prior to the loss, the Board shall
proceed as provided above provided that the common areas shall be repaired and restored by the
Board and any deficiency thereto relating shall be borne from common funds.
(4) Loss In Excess of Ten Percent. If the loss to the common areas as so determined
exceeds ten percent (10%) of the value of the entire Condominium immediately prior to the loss, the
Board shall seek the agreement of unit owners entitled to seventy-five (75%) of the beneficial
interests by submitting to the unit owners a form of agreement (the "Restoration Agreement")
whereby the unit owners authorize the Board to proceed with the necessary repair and restoration. If
such percentage of unit owners agree (by executing the Restoration Agreement) to proceed to the
necessary repair and restoration, then the Board shall proceed thereto as provided above; provided
1.1
that the cost of such repair and restoration in excess of available insurance proceeds shall be a
common expense payable from common funds or by special assessment, if necessary; and further
provided, however, that any unit owners who did not so agree may apply to the Superior Court of
the county in which the Condominium is located on such notice to the Association as the Court shall
direct, for an order directing the purchase of their units by the Association at the fair market value
thereof as approved by the Court. The cost of any such purchase shall be a common expense. If
such percentage of unit owners do not, within one hundred twenty (120) days of the occurrence of
such loss, agree to proceed with the repair and restoration (by executing the Restoration Agreement
and timely returning the same to the Board), a unit owner's proportionate share of the insurance
proceeds with respect to the common areas and facilities, together with the portion of the insurance
proceeds allocated to any unit as a result of a loss to such unit due to the casualty shall, to the extent
permitted by law, be paid first to the holder of the first mortgage of such unit, if any, up to, but not
in excess of, the then principal balance secured thereby and any accrued interest and other charges
then due the holder of the first mortgage, and thereafter to the unit owner, and if first mortgagees, of
which the Board has received notice, holding mortgages on units having at least fifty-one percent
(5 1 %) of the beneficial interests approve a suit for partition then the Condominium shall be subject
to partition at the suit of any unit owner. Such suit shall be subject to dismissal at any time prior to
entry of an order to sell if an appropriate agreement to rebuild is recorded. The net proceeds of a
partition sale together with common funds of the Association (adjusted for insurance proceeds paid
or payable to mortgagees as aforesaid) shall be divided all as provided by law and distributed, with
respect to the amounts respectively secured thereby, to the secured parties and thereafter to the unit
M
owners. Upon such sale, the Condominium shall be deemed removed from the provisions of the
Act.
The Board may perform emergency work essential to the preservation and safety of the
property or the safety of persons, or required to avoid the suspension of any essential service to the
Condominium without having first adjusted the loss or obtained proceeds of insurance or otherwise
having complied herewith. If there shall have been a repair or restoration pursuant to the foregoing
and the amount of insurance proceeds shall have exceeded the cost of such repair or restoration,
then the excess of such insurance proceeds, if any, shall be added to the Condominium's capital
expense reserve account or shall be, at the option of the Board, divided among all of the unit owners
in proportion to their respective beneficial interest; provided, however, that no provision herein shall
be deemed to give a unit owner or any other party priority over any rights of the holder of a first
mortgage (if any) on such unit owner's unit pursuant to such mortgage in the case of a distribution
to such unit owner of insurance proceeds for losses to units and/or common areas. First mortgagees
of units will be entitled to priority with respect to any insurance proceeds distributed to their
mortgagors. Notwithstanding anything to the contrary contained in this subsection, in the event that
any unit owner shall dissent from any determination of the Board with respect to the value of the
Condominium or any other determination or action of the Board under this subsection by notice in
writing to the Board within ten (10) days after such determination or action, and such dispute shall
not have been resolved within thirty (30) days after such notice, then either the Board or the
dissenting unit owner may submit the matter to arbitration, and such arbitration shall be conducted
in accordance with the rules and procedures of the American Arbitration Association.
Notwithstanding anything to the contrary contained in the preceding paragraphs of this subsection,
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the Board shall not, in any event, be obliged to proceed with any repair or restoration unless and
until they have received funds in an amount equal to the estimate of the Board of all costs thereof.
The foregoing provisions are intended to comply with Section 17 of the Act and to be, in addition,
consonant with the requirements of FHLMC and FANNIE MAE. To the extent there is a conflict
between the provisions hereof and the Act, the Act shall control.
B. Eminent Domain. If more than ten percent (10%) of the entire Condominium is
taken under any power of eminent domain, the taking shall be treated as a "casualty loss," and the
provisions of Section 17 of the Act of Massachusetts General Laws shall apply. Where one (1) or
more units have been substantially altered or rendered uninhabitable as a result of a partial taking,
and the unit owners vote to restore and continue the Condominium pursuant to the provisions of
Section 17 of said the Act, the Board shall have the authority to acquire the remaining portions of
such units, for such price as the Board shall determine, provided that any unit owner of such
remaining portion who does not agree with such determination may apply to the Superior Court, on
such notice to the Board as the Court shall direct, for an order directing the purchase of such
remaining -portion at the fair market value thereof as approved by the Court. Where as a result of a
partial taking any unit is decreased in size or where the number of units is decreased by a partial
taking, then the Board may make such provision for realignment of the undivided interests in the
common areas as shall be just and equitable. In the event of a total or partial taking under the
powers of eminent domain, the unit owners shall be represented by the Condominium acting
through the Board. In the event of a partial taking the award shall be allocated among the affected
units according to their appurtenant beneficial interest, and paid first to the extent permitted by law,
to the holder(s) of the first mortgage of such unit(s), if any, up to, but not in excess of, the then
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principal balance secured thereby and any accrued interest and other charges then due the holder(s)
of the first mortgage. In the case of a total taking of all units and the common areas, the entire
award shall be payable to the Board to be allocated among the units according to their appurtenant
beneficial interest, and pair first to the extent permitted by law, to the holder(s) of the first
mortgages of such unit(s), if any, up to, but not in excess of, the then principal balance secured
thereby and any accrued interest and other charges then due the holder(s) of the first mortgage. As
to any portion or portions of any award which are attributable to direct or consequential damages
suffered by particular units, they shall be payable to the owners of such particular units and their
mortgagees, as their interests may appear.
C. Retention of Architect. Whenever the estimated cost, as determined by the Board, of
repair or restoration exceeds as to any one (1) casualty or occurrence, ten percent (10%) of the value
of the entire Condominium or twenty-five percent (25%) of the value with respect to any one (1)
unit, then the Board, unless waived by unanimous vote, shall retain a licensed architect or licensed
engineer, who shall not be directly or indirectly a unit owner or an employee or agent of any unit
owner or a Board member or an employee or agent of any Board member, to supervise the work of
repair or restoration, and no sums shall be paid by the Board on account of such repair or restoration
except upon certification to them by such architect or engineer that the work for which payment is
being made has been completed in a good and workmanlike manner in accordance with approved
plans and specifications, and that the estimated total cost of completion of said repair or restoration,
less amounts theretofore advanced, does not exceed the undisbursed proceeds of insurance as
augmented by funds obtained by any assessment levied or chargeable to the unit owners as a
common expense. The unit owner shall bear all costs relating to the architect and the Board shall
12
have the right to direct said architect for purposes of ensuring the work or repair or restoration is
adequately supervised."
12. Article V, Section 7 is hereby deleted in their entirety and replaced with the following new
Article V, Section 7 to read as follows:
"SECTION 7. The Board and the unit owners shall obtain and maintain the following insurance
policies:
A. Casualty Insurance. The Board shall obtain and maintain, to the extent reasonably
obtainable at costs deemed reasonable to the Board in its sole discretion and permitted by applicable
law, so-called master policies of insurance providing fire -with -extended coverage and so-called "all
risk" coverage insurance, insuring the Building(s) including, without limitation, the common areas
and facilities, all of the units with all fixtures, additions, alterations and improvements thereof, all
heating and cooling equipment and other service machinery, apparatus, equipment and installations
comprised in the common areas and facilities, and also all such portions normally deemed to
constitute part of the buildings and customarily covered by such insurance, but not including any
furniture, furnishings, or household and personal property belonging to and owned by individual
unit owners or tenants, in an amount equal to not less than one hundred percent (100%) of the full
replacement value thereof (exclusive of foundations, land and other items normally excluded
therefrom) without deduction or depreciation. Coverage may be subject to a reasonable deductible
as the Board may determine, from time to time, and shall include Agreed Amount, Inflation Guard
(if reasonably obtainable), Ordinance or Law coverage including increased cost of construction and
demolition (if applicable), Replacement Cost Endorsements and boiler and machinery insurance in
such limits as the Board may, from time to time, determine. In detennining full replacement value,
the Board may reasonably rely upon the advice of the insurer or other commercially reasonable
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appraisal and such replacement value should be updated periodically but no less than every three (3)
years. The name of the insured under such policy shall be stated in form, substance and effect
similar to the following: "Board of The Bayberry Village Condominium Association for use and
benefit of the unit owners of The Bayberry Village Condominium and their mortgagees as their
interests may appear." Such insurance shall contain the standard mortgagee clause and shall name
the Board as Insurance Trustees (as defined herein) for the use and benefit of all unit owners and
their mortgagees as their interest may appear, with losses payable to and adjusted by the Board as
Insurance Trustees in accordance with the provisions of these By -Laws. The Board may insure
against such other hazards or risks of casualty as the Board from time to time in their discretion
shall determine to be appropriate, including, but not limited to earthquake and flood insurance.
B. Liability Insurance. The Board shall obtain and maintain, to the extent obtainable
and/or applicable, master policies of insurance with respect to the common areas and facilities for
the benefit and protection of the Association and all unit owners for: (i) comprehensive general
liability insurance in such limits as the Board may, from time to time, determine but in no case less
than $1,000,000.00 per occurrence/$2,000,000.00 in the general aggregate and (ii) an excess/
umbrella liability policy with a limit of no less than $2,000,000.00 per occurrence and general
aggregate (to apply excess of general liability, automobile liability and employers liability
coverages), covering the Association, the Board, the Property Manager, if any, and each unit owner
with respect to liability arising out of ownership, maintenance or repair of the common areas and
facilities of the Condominium, such insurance containing a "severability of interest" endorsement
which shall preclude the insurer from denying the claim of a Condominium unit owner because of
negligent acts of the Association, the Board, the unit owner or other unit owners, and other
14
provisions commonly referred to as a "Special Condominium Endorsement" or its equivalent; (iii)
workmen's compensation and employers liability insurance and non -owned automobile liability
insurance with respects to employees of the Condominiurn, if any; and (v) such other liability
insurance as the Board may from time to time deem appropriate and desirable.
C. Fidelity Coverage. The Board shall obtain fidelity coverage against dishonest acts
on the part of the Board, the Property Manager, if any, employees or volunteers responsible for
handling funds belonging to the Trust or administered by the Board. This fidelity insurance shall
name the Board of The Bayberry Village Condominium Association as the named insured and shall
be written in an amount equal to the maximum amount that will be in custody of the Association at
any one tune, but in no event less than three (3) months common expenses plus all reserves. In
connection with such coverage, an appropriate endorsement to the policy to cover any persons who
serve without compensation shall be added if the policy would not otherwise cover volunteers.
D. Directors and Officers Liability Insurance. The Board may obtain Directors' and
Officers' Liability Insurance in such amounts and upon such terms as they deem appropriate.
E. FHLMC and FANNIE MAE Insurance Requirements. The Board may rely upon the
advice of its insurance agent in determining what coverages and in what amounts those coverages
should be maintained by the Association.
F. UTiflt C)xva":r�.' 1hisu-i-ricc- Uiillt o"I-Ic-S rcl'opuiffcd 10 caniv uisura�nce at ltheown
13-11',91FC, N-11-US. as:
CXVICDC"'! '11-W Dw theff ow-n! [-,�C-iwfit UL flh!"Jl -urm -
-I Q jocaied 11-�Cir --,1-e'-,FmCC,Hx,,,_, nu-z or �it<, amurt0-n-ances, wnd 'Or such as. 1_
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that all
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M i rs ot sull 'i'oogai6m, and airdhc,� proN d, d t' a+ ffie Nab'h
15
,arn �U-Iecieu oilsi B- ar sha o, t I -nished by reason
r s I - U i - -- obt�� -ncd hY - � � -, 1 dim:. . I MI of
t owners sha m a", ev nts maintain
arr— Jr— --w c oo- fln WnJU-11 "ACKII-I", �,U c. iic'U DN' 'm�7 Ul
he Mas--- Polic--v habiliflity tdktnna,Ie to thw- projlcll"C Hffld tc, cox-e-me amounro--
N YU-1, JS MC buduu de�.ternninc and. upon requcs€. proyl
c educt, 111c in � uch 0-1
m- -E U "s C� obtain as requir-i-I
L-i --i'l-Cc, ih-crcof to '[Fle Bonr,-L h, 11110 eViCIII t-h-"11 "111% 11111 f -1 )V", Io
off-sluch unsu -1 L t queSt bv the Board to CIO so.
'H IS OLI i 0,11, Mill: F; 11C1 , a, wl k" 111 0
H U", lafll ro ConI,-iuoQ our uant t Anic-le V. �ccdon
uw -i _ 4' 1- �-tjCj-� I
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and suc-h o�o,-C- S' ni'll, 'a-ve c,�---ted � i Self - U
5 � � i i 11 1 ill o I in-s re against any loss
a', I tabL, o 'his or -1-a-,r Ul'-I Of 0(anduct,
G. Terms and Conditions of Policies. Policies for casualty insurance, and to the extent
applicable, such other policies of insurance, shall provide: (i) that the insurance company waive any
right of subrogation against the Board, their agents and employees, and the unit owners, their
respective employees, agents, tenants and guests to the extent they are not specifically obligated
hereunder; (ii) that the insurance shall not be prejudiced by any act or neglect of any unit owners or
occupants or any other person or firm (including employees and agents of the Board) when such act
or neglect is not within the control of the Board (or unit owners collectively) or by failure of the
Board or unit owners collectively) to comply with any warranty or condition with regard to any
portion of the premises over which the Board (or unit owners collectively) have no control; (iii) that
such policies may not be canceled without at least thirty (30) days' prior written notice to all unit
owners and mortgagees of units to whom certificates of insurance have been issued; (iv) that
recovery thereunder shall not be affected on account of the availability of proceeds under any
policies obtained by individual unit owners covering their units; and (v) if obtainable, that the
16
company shall waive any right it may have under the policy to repair or restore damage should the
unit owners elect to terminate the Condominium because of such damage.
Such insurance policies may provide for a deductible for each coverage thereof as
determined by the Board in'their absolute discretion. In the event of any loss which relates in part
to insurable portions of a unit, or units, and/or in part to the common areas, the Board shall
apportion the deductible amount directly proportional to the amount of such loss related to such unit
or units, and/or the amount of the loss related to the common areas and facilities. Where such loss
N V UL) Mt -d LM f 'hC N -r-R-w- �-(Jbclg y the un, i own cr Ulnereof Where
- U, - 1
such loss is solely to the common areas, such shall be home from the common funds, unless such
loss is determined by the Board to have been caused by the negligence, recklessness or willful
misconduct of a unit owner(s), in which case the Board may assess such amounts to such unit
owner(s). The Board may also assess the amount of any deficiency or uncovered losses to such unit
or units as the Board may reasonably determine.
H. Insurance Appraisal. The Board may obtain an appraisal of the full replacement
value of the property to be insured in accordance with the foregoing provisions of this Section,
without deduction for depreciation, for the purpose of determining the amount of insurance to be
maintained pursuant to this Section. If the Board in their discretion deem it necessary, they shall
upon notification of improvements to be made to a unit by a unit owner increase the insurance
coverage afforded by said master policy.
I. Board As Insurance Trustees. The Board: (i) shall have exclusive authority to
negotiate all losses as herein provided for, (ii) shall collect and receive all loss insurance proceeds,
and (iii) shall hold, use, apply and disburse the same in accordance with the applicable provisions of
17
these By -Laws for the benefit of the unit owners and their respective mortgagees. With respect to
losses which affect portions or elements covered by such insurance or more than one unit and/or the
common areas to different extents, the proceeds relating thereto shall be used, applied and disbursed
by the Board in their judgment in a fair and. equitable manner, primarily based upon the relative
losses.
J. Authorized Insurance Representative. Notwithstanding any of the forgoing
provisions and requirements to the contrary relating to physical damage or liability insurance, there
may be named as an insured., on behalf of the Board, the Board' authorized representative, including
any Manager, with whom such Board may enter into any insurance trust agreement or any successor
to such Manager (each of whom shall be referred to herein as the "Insurance Trustee"), who shall
have exclusive authority to negotiate losses under any policy providing such physical damage or
public liability insurance. Each unit owner appoints the Board, or any Insurance Trustee or
substitute Insurance Trustee designated by the Board, as his attorney -in -fact for the purpose of
purchasing, maintaining and administering such insurance, including without limitation the
collection and appropriate disposition of the proceeds thereof, the negotiation of losses and
execution of releases of liability; the execution of all documents; and the performance of all other
acts necessary to accomplish such purpose.
K. Notification of Mortgagees. The Board, on behalf of the organization of unit owners,
shall, when requested by mortgagees of units, give written notice to such mortgagees of any such
loss to the common areas and facilities, or to the unit mortgaged, as the mortgagee requests.
18
L. Certificates of Insurance. Certificates of insurance with proper mortgage
endorsements, when requested, shall be issued to unit owners or their designees. The Board may
charge a reasonable fee for obtaining and issuing such certificates.
M. Notification to Board of Improvements. Each unit owner shall notify the Board in
writing of all improvements to his or her unit (except personal property other than fixtures) which
exceed a total value of Five Thousand Dollars ($5,000.00) within twenty (20) days after the
commencement of construction or installation of such improvement, and upon receipt of such
notice, the Board shall notify the insurer under any casualty policy obtained pursuant to this Section
of such improvements and shall, if necessary, purchase additional casualty insurance in such
amounts as may be required under this Section. Any premium increase caused by insuring such
improvements may be assessed to the owner of the improved unit as a common expense attributable
to such unit. No unit owner shall be entitled to receive insurance proceeds for repair, replacement
or restoration of any such improvement not so reported to the Board, unless otherwise consented to
the Board.
N. Claim Policy. The Board may, from time to time, by resolution adopted by the Board
in its discretion, implement a policy or policies governing the claims procedure for claims under the
master insurance policy, or any other insurance policy maintained by the Board pursuant to the
terms of these By -Laws."
13. Article V, Section 10 is hereby deleted in its entirety and replaced with the following new
Article V, Section 10 to read as follows:
'Mi
c -a-p— by
;
19
J_
UZ
CO P
m
cai-i aCuluml TO Hlf,� 1 -1 11,2
o, n anv nro,,dh? a
�J-
In furtherance hereof, a defaulting unit owner hereby
waives any argument upon such a proceeding that the expenses thereof, including attorneys', fees,
are unreasonable and/or excessive when considered in the light of the amount so unpaid. A unit
owner shall, upon any action brought by the Board to collect unpaid common expenses, have no
right to make any claims or defense of off -set upon any basis. After an action is corninenced by the
Board to foreclose a lien on a unit because of unpaid common expenses, a unit owner remaining in
his unit for any period of time thereafter shall be required to pay a reasonable fee for the use and
occupancy of his unit and a receiver may be appointed to collect same. The Board acting on behalf
of all unit owners, shall have power to purchase a unit at the lien foreclosure sale and to acquire,
hold, lease, mortgage (but not to vote the votes appurtenant thereto), convey or otherwise deal with
the same. A suit to recover a money judgment for unpaid common expenses shall be maintainable
without foreclosing or waiving the lien securing the same, and may be brought simultaneously with
an action to so establish and foreclose upon said lien. During such time that a unit owner remains in
default of any payment due hereunder or the perfon-nance of any other obligations or covenant
under these By -Laws or the Master Deed, the Board may suspend or limit such unit owner's right to
vote at any meeting of the unit owners, in person or by proxy, or to use any part of the common
Iff
areas. In addition, no unit owner who is in default hereunder or has been determined by the Board to
be in violation of any other provision of the Condominium documents shall be eligible to serve on
the Board."
14. Article V, Section 13 is hereby deleted in its entirety and replaced with the following new
Article V, Section 13 to read as follows:
"SECTION 1.3. Abatement and Enjoinment of Violation by Unit Owners - The violation of any
Rule or Regulation adopted by the Board, or the breach of any provisions of the By -Laws, Master
Deed, or of the offending unit owner's deed, shall give the Board the right, in addition to any other
rights set forth in said Condominium documents, to enjoin, abate, or remedy by the appropriate
legal proceedings, either at law or in equity (or both) any said breach. Tl-n ,.- Board shall, havle the I - I
i Hnnt oo,,NicJ nani 161, any v;o'atwns_ Unless
nr alif ou ic
otherwise stated in the Condominium documents, each fine shall be in such amounts as the Board
may, in its reasonable discretion, determine from time to time, with each day that a violation
continues considered a separate violation. Collection of fines may be enforced against any unit
owner or unit owners involved as if the fine were common area charges owed by the particular unit
owner or unit owners. In the case of persistent violations by a unit owner, the Board shall have the
power to require such unit owner to post a bond or other security in the amount and form as they
deem, in their sole and absolute discretion, appropriate to provide for adherence to the
Condominium documents, as they may be amended. In any action hereunder, each unit owner shall
be responsible for all costs associated with any enforcement action including, but not limited to,
reasonable attorney's fees. The term "unit owner" shall include lessees, tenants, occupants, guests,
etc. A unit owner and/or lessee, tenant, occupant, guest, etc., shall be jointly and severally liable for
21
any violation of any provision of the Condominium documents. All remedies hereunder shall be
cumulative."
I `� e
A n'-w Article V, Section 14(e'l is 'he re -by add d to read as folio—s:
"(e) Notwithstanding any other provision of the Master Deed or these By -Laws to the contrary,
no unit shall be let, rented, leased, licensed, subleased, sublet, assigned or otherwise used or
occupied by any person other than the owner(s) thereof except in accordance with the provisions of
this subsection:
1. Any lease shall comply with the following conditions:
(i) Be in writing and apply to the entire unit, and not merely a portion thereof;
(ii) Expressly provide that the lease or occupancy agreement shall be subject in every
respect to the Master Deed, By -Laws and Rules and Regulations, as the same have
been amended most recently prior to the execution of the lease or occupancy
agreement;
(iii) Expressly provide that the lease or occupancy agreement shall be subject in every
respect to all federal, state and local laws, statutes, rules and regulations, etc., as the
same may be amended;
(iv) Comply in all respects with Chapter 400 of the Acts of 1992 along with M.G.L.c.
183A as it may be amended;
(v) Shall contain the following provision, in capital letters, double spaced:
"IMPORTANT CLAUSE
22
LESSEE ACKNOWLEDGES BY HIS/HER EXECUTION OF THE LEASE HEREWITH THAT
HE/SHE HAS RECEIVED AND/OR REVIEWED A COPY OF THE MASTER DEED, BY-LAWS
AND RULES AND REGULATIONS OF THE BAYBERRY VILLAGE CONDOMINIUM,
COPIES OF WHICH ARE ATTACHED HERETO AND INCORPORATED HEREWITH.
LESSEE AGREES THAT HE/SHE WILL NOT VIOLATE THE PROVISIONS OF ANY SAID
DOCUMENTS AND, TAKE HIS/HER LEASE SUBJECT TO ALL OF THE REQUIREMENTS
OF THE AFOREMENTIONED DOCUMENTS, NOTWITHSTANDING ANY PROVISIONS
FOUND IN THIS LEASE AND THAT IN THE EVENT OF A CONFLICT BETWEEN THE
LEASE AND THE RIGHTS GRANTED THEREUNDER, AND THE CONDOMINIUM
DOCUMENTS, AND ANY AMENDMENTS THERETO, WILL BE THE CONTROLLING
SOURCE OF THE OBLIGATIONS CONTAINED HEREUNDER_
LESSEE ACKNOWLEDGES THAT HE/SHE WILL BE JOINTLY AND SEVERALLY LIABLE
WITH THE UNIT OWNER FOR ANY VIOLATION OF THE CONDOMINIUM DOCUMENTS
AND THAT IN THE EVENT OF A VIOLATION OF THE PROVISIONS OF THE
CONDOMINIUM DOCUMENTS THAT ANY LEASE HEREUNDER MAY BE TERMINATED,
AT THE SOLE DISCRETION OF THE BOARD OF TRUSTEES, ALL IN CONFORMITY WITH
THE CONDOMINIUM DOCUMENTS AND MASSACHUSETTS GENERAL LAWS. SAID
TERMINATION BY THE BOARD OF TRUSTEES SHALL NOT RELIEVE THE UNIT OWNER
AND/OR LESSEE OF ANY .LIABILITY WHICH SAID UNIT OWNER AND/OR LESSEE MAY
HAVE TO THE CONDOMINIUM ASSOCIATION, NOR RELIEVE THE UNIT OWNER AND/
OR LESSEE FROM ANY DAMAGE DUE TO THE ASSOCIATION AND ALL APPLICABLE
23
FINES, ATTORNEY'S FEES AND COSTS AS SET FORTH IN THE CONDOMINIUM
1116101"M QN10
LESSEE FURTHER ACKNOWLEDGES THAT THE CONDOMINIUM ASSOCIATION,
PURSUANT TO THE CONDOMINIUM DOCUMENTS, WILL HAVE THE RIGHT TO ENTER
THE UNIT AS MAY BE PROVIDED WITHIN SAID DOCUMENTS."
2. Any lease authorized hereunder shall comply with each and every other provision of the
Condominium documents.
3. The execution of any lease, rental agreement and/or license agreement, and the rental of
any unit without strict compliance with this subsection shall render said lease voidable
and subject the unit owner and tenant to the fines set forth in the Condominium
documents with each day constituting a separate and independent offense.
4. The provisions of this subsection and any Rules and Regulations adopted hereunder shall
take precedence over any other section in any lease or occupancy agreement.
5. Notwithstanding anything to the contrary herein, and notwithstanding any custom, law,
or usage to the contrary, it is expressly understood and agreed that the Board, and/or its
agents, servants, and/or employees shall not bear any personal or individual
responsibility with respect to said lease or occupancy agreement.
6. Any failure by the tenant to comply in all respects with the provisions of the
Condominium documents shall constitute a material default of the lease, and in the event
of such default, the Board shall have the following right and remedies against both the
unit owner and tenant, in addition to all other rights and remedies which the Board and
unit owners (other than the owner of the affected unit) have or may in the future have,
24
against both the owner of the affected unit and the tenant, all rights and remedies of the
Board and the unit owners (other than the owner of the affected unit) being deemed at all
times to be cumulative and not exclusive:
(i) The Board shall have the right to levy fines against the unit owner and tenant of the
affected unit in accordance with the provisions of the Condominium documents.
Further, the Board shall have any and all other rights under the Condominium
documents, at law and/or under the Rules and Regulations as they may be amended,
including, but not limited to, bringing actions in the applicable Court to require the
unit owner to commence an eviction action, to bring an eviction action in place of
the unit owner, and/or to seek an injunction prohibiting any conduct which violates
the above.
(ii) All of the expenses of the Board in giving notices and maintaining and pursuing
actions and holding hearings hereto shall be entirely at the expense of the tenant and/
or unit owner of the affected unit and they will be jointly and severally responsible
for the same, and such costs and expenses may be enforced and collected against the
unit owner and unit as if the same were common expenses owed by the unit or unit
owner and shall constitute and be a lien upon the premises pursuant to M.G.L.c. I 83A
and subject to the rights and enforcement and remedies thereto.
7. Notwithstanding anything to the contrary herein, no part of the Condominium
documents now or hereafter adopted or promulgated (including but not limited to the
provisions of this subsection) shall ever be deemed to prevent, restrict, discourage, or
hinder, in fact, in any manner whatsoever the alienation, conveyance, mortgage,
25
purchase, sale, rental, lease, license, use or occupancy of units or any negotiations in
connection therewith because of race, religion, creed, color, national origin, sex, sexual
orientation, age, ancestry, marital status, status as a veteran or member of the armed
services, or any ethnic group, blindness, or by any reason of the fact that children will
occupy such unit, receipt of public assistance, or, in addition to the foregoing, by any
reason whatsoever prohibited by any federal, state, county or municipal law.
8. The Board shall have the right to immediately request the eviction of a tenant who takes
possession of a unit without complying with this subsection. Any purported lease of a
unit in violation hereof shall be voidable at the election of the Board. The unit owner
and/or tenant shall be liable to the Board for any cost or expense involved therein,
including, but not limited to, fines (in an amount as deterinined by the Board),
reasonable attorney's fees, court costs and all other costs.
16. A new paragraph shall be added to the end of Article IX, Section .1 to read as follows:
"The Board shall, as soon as reasonably possible, after the close of each fiscal year, or more often, if
convenient to them, submit to the unit owners a report of the operation of the Association for each
year, which shall include financial statements in such summary form and in such detail as the Board
shall deem proper. Except in the case of fraud, committed by a member of the Board, any person
(other than a mortgagee or mortgage insurer or guarantor)who has been furnished with such report
and shall have failed to object thereto by notice in writing to the Board, given by registered or
certified mail within a period of sixty (60) days of the date of receipt by him, shall be deemed to
have assented thereto. The holder, insurer or guarantor of any first mortgage shall be entitled to
26
Association's fiscal year at the mortgage holder's expense."
17. Article X, Section I is hereby deleted in its entirety and replaced with the following new
Article X, Section I to read as follows:
"SECTION 1. Notices - All notices-1 hereunder shall be sons bv re(ustered or certified mail to the
Board of Managers c/o the managing agent, or if there be no managing agent, to the office of the
Board of Managers or to such other address as the Board of Managers may hereafter designate from
time to time, by notice in writing to all Unit Owners and to all mortgagees of units. All notices to
any Unit Owner shall be sent by registered or certified mail to the Building or to such other address
as may have been designated by him from time to time, in writing, to the Board of Managers. In
addition, unless the Unit Owner(s) has provided otherwise in writing to the Board, any notice
required under the Master Deed, these By -Laws or the Rules and Regulations may be sent by
electronic mail (email) at the address provided by the Unit Owner(s). All notices to mortgagees of
units shall be sent by registered or certified mail to their respective addresses, as designated by them
from time to time in writing, to the Board of Managers. All notices shall be deemed to have been
given when mailed, except notices of change of address which shall be deemed to have been given
when received."
18. Except as set forth herein, the By -Laws of the Bayberry Village Condominium Association,
are hereby ratified and affirmed.
[Signatures Appear on the Following Pages]
27
SIGNATURES OF CONDOMINIUM UNIT OWNERS
Copy as Needed
Signatura4NWme Unit Number
7
�nt Name: IV ke,
du
Print Name: Ike /u--c / ge ff�
Print Name:&/ i-1
Print Name: /M AA V -4 ZX�
6al-)bCab it, lit cl ct,-A--
Print Name: ljo "I '
Print Name:
V/, 14 A &V�I�f
n
Print Name:. L i?V-50 A/
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Print Name:, tl;J- L u ((fn
C"
41:1;
Print Naine:. C gj�' S 5 6
I
28
rcentaLre Interest
AMENDMENT TO THE BY-LAWS OF THE
BAYBERRY
VILLAGE CONDOMINIUM
ASSOCIATION
SIGNATURES OF CONDOMINIUM UNIT OWNERS
Copy as Needed
5ignatura Name
Unit Number
Percentage Interest
Print Name: _-. y
llz -2 z-
Print Name:
%
Pri ame: "
' TM
Z
%
7"
rZK
Print Na tip
{Cam, CAL o
%
Print Name:
°lo
Print Name:
°lo
Print Name:
Print Name:
Print Name:
IN
°lo
IN WITNESS WHEREOF, the undersigned Board of Managers of the Bayberry Village
Condominium Association hereby certify that the foregoing amendment was approved by Unit
Owners entitled to not less than seventy percent (70%) in number and common interest of all Unit
Owners in the Bayberry Village Condominium Association, who approved the adoption the
amendment at a duly notice and held meeting.
Executed under seal this S f6 day of To n e , 2017.
„ yn -,lv
Print Name: Sha(d-() m MCC A (d�q�-j
V4.- ��4
Print Name: VW M V/'k, 4fC v S"�
Print N e:_l / Al ��
Print Name: ► �v ZCjh6 / e 0
COMMONWEALTH OF MASSACHUSETTS
�Scc%��j , ss:
.2017
On this S day of , 2017,.before me, the undersigned notary public,
personally appeared ,�of}�r �/ -2 U-' , proved to be through satisfactory evidence of
identification, which was /N Z/ : V!r t'W/S ,l e to be the persons whose names appear
on the preceding or attached document, and acknowledged to me tha e/she signed the same
voluntarily for its stated purpose, as a duly authorized m� oard of Managers of the
Bayberry Village Condominium Association.
Officia gnature and seal of Notary Public......
My Commission Expires: V. ' �g��►'
KARL F KEPkE R;"
Notary PubT*-j
cw nwwdam of
My CarmissNn Expue'Si
30'%
BARNSTABLE REGISTRY OF DEEDS
John F. Meade, Register