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HomeMy WebLinkAboutSeaview Motel Condominium Rules and Regulations and Amendments 07.30.14 SEAVIEW MOTEL CONDOMINIUM EXHIBIT E RULES AND REGULATIONS Under and pursuant to the provisions of the Declaration of Trust and Bylaws of the SEAVIEW MOTEL CONDOMINIUM, The Trustees hereby adopt the following rules and regulations: 1) Sidewalks, entrances, driveways and passages shall not be obstructed or used for any other purposes than for ingress to and egress from the units. 2) The common areas shall not be used for the storage or placement of furniture or any other articles; including but not limited to plants, boxes,planters, art, figurines, signs, structures, shopping carts, etc. 3) No owner or occupant shall make or permit any disturbing noises to be made in the building or on the premises by himself,his family, friends,tenants, servants, or other invitees;nor do or permit anything to be done by such persons that would interfere with • the rights, comforts, or convenience of other owners or occupants. No owner or occupants shall play or allow to be played any musical instrument,radio, TV,hi-fi,tape recorder, or the like in the demised premises between the hours of 11:00 PM and the following 8:00 AM if the same shall disturb or annoy other owners or occupants of the building. 4) Owners and occupants shall not be allowed to put their names in any entry of the building, except in the proper place or in the mailbox provided for use of the units occupied by them respectively. 5) No rugs shall be beaten on patios or outdoor living areas, nor dust, rubbish or litter swept from the demised premises or any room thereof into any entryways of the building. 6) Children shall not be permitted to loiter or play on the parking ramps or any other common areas. 7) The water closets and other water apparatus shall not be used for any purposes other than that for which they were constructed, and no sweepings,rubbish,rags,papers, ashes, or other substances shall be thrown therein. Any damage to the property of others, including the common elements,resulting from misuse of such facilities of any nature or character whatever, shall be paid for by the owner of the unit. 8) All damage to the project, caused by the moving and/or carrying of articles therein, shall be paid by the owner or person in charge of such articles. 9) Nothing shall be thrown or emptied by the owners or their tenants or servants out of the windows or doors, or in the common areas,nor shall anything be hung from outside of the windows or placed on the outside window sills. 10)Dogs, cats, and other domestic pets are not allowed in the demised premises. 11)The water shall not be left running any unreasonable or unnecessary length of time in the demised premises. 12)No occupant shall interfere in any manner with any portion of the lighting apparatus in or about the building. 13)No shades, awnings, or window guards shall be used except as shall be put up or approved by the Trustees, and no signs of any kind shall be placed in windows or on doors or other exterior surfaces or common elements without prior written approval of the Trustees. 14)No radio or serial or connection shall be installed by the occupants outside of their respective units. 15)Unless the Trustees give advance written consent in each and every instance, occupants shall not install or operate in the premises any machinery, or use any illumination other than electric light or use or permit to be brought into the building or onto the premises any inflammable oils or fluid, or other explosives or articles deemed hazardous to life, limb or property. 16)All garbage, refuse, waste and other like items shall be securely and suitably wrapped and placed in appropriate receptacles provided therefor and located outside. In no event shall any Unit Owner maintain any garbage,refuse, waste, debris or any other item on the common areas and facilities. Any such items left on the Common Areas and Facilities for longer than 24 hours will be subject to disposal, and the cost of same shall be borne solely by the owner of the Unit where such item was found. 17)The Trustees may retain a passkey to each unit, to be used for emergencies only. No other shall alter any lock or install a new lock on any door leading to the unit of such owner with the prior consent of the Trustees. If such consent is given, the owner shall provide the Trustees with a key for the Trustees' use as aforesaid. 18)No vehicle belonging to an owner or to any member of his family or guest, subtenant, or employee of any unit owner shall be parked in such a manner to impede or prevent ready access to another owner's parking space. The owners,their employees, servants, agents, visitors, licensees, and the owner's family will obey the parking regulations posted at the parking areas and ramps and any other traffic regulations promulgated in the future for the safety, comfort, and convenience of the owners. 19)The owners shall not cause or permit the blowing of any horn from any vehicle in which his guests, family, tenants, invitees, or employees shall be occupants, approaching or upon any of the driveways or parking spaces serving the building, except as may be necessary for the safe operation thereof 20)An owner shall not use,nor shall he permit his family, guests,tenants, or invitees to use parking spaces of other owners.No trailers, or other towed items, of any kind may be maintained on the property. In addition,there shall be absolutely no parking on any part of the Common Areas and Facilities except in the parking spaces designated for the purpose. The Trustees reserve the right to remove such vehicles at the expense of the respective owners thereof 21)The units shall be used for residential purposes only, and no commercial or business uses shall be undertaken or permitted therein. No unit may be rented more than two times per calendar year. 22)The Trustees reserve the right to amend, change and rescind these rules and regulations and to make such other rules and regulations from time to time as may be deemed necessary and desirable for the safety, care, and cleanliness of the premises and for securing the comfort and convenience of all the occupants thereof. AESTHETICS OF THE EXTERIOR OF UNITS AND COMMON AREAS AND FACILITIES -All exterior trim shall be painted white, and uniform throughout the condominium units; -All windows which are located on the front or sides of any of the units shall be uniform in size and will be double hung(6 over 6), and shall be white; -All exteriors of each unit shall be either wooden shingle or clapboard. Any such siding will either be left in its natural state, or colors approved in writing by the Trustees, but shall remain in the color palette of the other units in the condominium; -All doors and storm doors and/or screen doors shall be uniform in style and color; -All roof shingles shall be architectural asphalt shingles, of uniform color with the other units, and shall be warranted for a minimum of 30 years. No wooden shingles shall be used on the roof of any unit. -All lighting fixtures located on the exterior of the units shall be uniform in color and style. -All units shall have affixed to it the number of the condominium unit assigned in the Master Deed and shall be uniform in style with the numbers used on the other units; PENALTIES In the event that a Unit Owner is in violation of these Rules and Regulations, in the sole discretion of the Board of Trustees,then the Trustees may impose fines and penalties against the Unit Owner and the unit itself, in reasonable amounts as they deem necessary in order to gain compliance herewith. The Trustees will send written notice of the violation to the address of the condominium unit owner, and fines and penalties shall begin to accrue not sooner than 7 calendar days after notice is sent to the Unit Owner. The Trustees need not send more than one notice for an ongoing violation. Any unit owner violating any of the provisions of these Rules and Regulations shall be fined not less than$25.00 for each offense, nor more than$100 for each offense. Each day that such violation continues shall constitute a separate offense. Any fines and/or penalties assessed shall become part of the condominium common expenses assessed against that Unit Owner and his/her/its unit. Implementation of these Rules and Regulations shall be in the sole discretion of the Trustees. , g`JE e:I-t 28294- Pss299 33'36 t Y 07-30-2014 s' t t' m I--; y�REC � - AT HEARING, SEAVIEW MOTEL CONDOMINIUM FIRST AMENDMENT OF DECLARATION OF TRUST AND BY-LAWS This First Amendment of Declaration of Trust and By-Laws is made this 24th day of May, 2014 by Karen Huang Liu, Joseph Liu, and Agha Khan, Trustees of the Seaview Motel Condominium Trust, created pursuant to a Declaration of Trust and By-Laws recorded in the Barnstable County Registry of Deeds in Book 33.57, Page 228 (the "Trustees"). The Declaration of Trust and By-Laws, filed with the Barnstable County Registry of Deeds in Book 3357, Page 228, in accordance with provisions of Article VII, is hereby amended as follows: 1) Article V, Section 11 is hereby added to the Declaration of Trust and By-Laws as follows: Section 11. Maintenance and Repair of Units. Except as provided herein,the Unit Owners shall be responsible for the proper maintenance and repair of their Unit(s) and maintenance and repair and replacement of the utility fixtures therein serving the same including, without limitation, interior finish walls, ceilings, floors, windows, and window trim, doors, door frames and interior door trim,plumbing and sanitary waste fixtures and fixtures for water and other utilities, electrical fixtures and outlets, and all wires,pipes, drains and conduits for water, sewerage, septic, electric power and light, telephone and any other utility services which are contained in and serve such Unit. The Unit Owners shall be responsible for the proper maintenance and repair of the interior of their respective Units. If a majority of the Trustees shall at any time in their reasonable judgment determine that the interior of a Unit is in such need of maintenance, painting or repair that the market value of an adjacent Unit or Units is being adversely affected, or that the condition of a Unit or any fixtures, furnishing, facility or equipment thereof is hazardous to any Unit or the occupants thereof, the Trustees shall in writing request the Unit Owner to perform the needed maintenance, painting or repair, or otherwise to correct the hazardous condition, and in case such work shall not have been commenced within fifteen (15) days (or such reasonably shorter period in case of emergency, as the Trustees shall determine) of such request and brought to diligent completion, the Trustees shall be entitled to have access to the Unit and to have the work performed for the account of such Unit Owner whose Unit is in need of work, and the cost thereof shall constitute a lien upon such Unit, and such Unit Owner shall be personally liable therefore, provided that the lien thus created shall be subordinate to first mortgages of record. Despite the fact that the Unit Owners are responsible for the maintenance and repair of their Units, including the exterior of each of the Units,pursuant to the Master Deed of the , Seaview Motel Condominium, and notwithstanding anything to the contrary herein,the Trustees and/or their designees may also engage in the repair,maintenance and improvements of the Units, in their discretion,the cost of which shall be part of the Common Expenses of the Condominium, unless the maintenance and repair was done to a portion of a Unit exclusively, in which case the cost shall be borne solely by the Unit Owner of that Unit, and shall be part of the Common Expenses assessed against said Unit. The Trustees shall be entitled to have access to the Unit and to have the work performed. Should the Unit Owner desire to conduct improvements,maintenance and repairs to the exterior of their Unit themselves, a Unit Owner must secure from the Trustees or their agents and/or employees,prior to the replacement of any door, window, trim,roof shingle, clapboard, cedar shingle,vent, chimney, or the color or style of any such component, or any other portion of a Unit which is visible from any part of the Common Area, written consent to said Unit Owner, if,in the sole discretion of the Trustees,their agents or employees, said alteration fits the style and quality of other such Units at the property and that it complies with the Rules and Regulations set forth by the Trustees. If it does not meet the spirit and intent of those Rules and Regulations,then written consent shall not be provided. In no event shall any Unit Owner be permitted to alter any portion of the Common Areas. The undersigned Trustees certify that they have complied with the Amendment provisions of Article VII. f.; 28294 P ss 287 33819 RECEIVED _ AT HEARING SEAVIEW MOTEL CONDOMINIUM SECOND AMENDMENT OF MASTER DEED This Second Amendment of Master Deed is made this 24th day of May, 2014 by Karen Huang Liu, Joseph Liu, and Agha Khan, Trustees of the Seaview Motel Condominium Trust, created pursuant to a Declaration of Trust and By-Laws recorded in the Barnstable County Registry of Deeds in Book 3357,Page 228 (the"Trustees"). The Master Deed, filed with the Barnstable County Registry of Deeds in Book 3357, Page 255, as amended in Book 3360, Page 163 in accordance with provisions of Section X, is hereby amended as follows: 1) Section IX(A)(3)is hereby deleted in its entirety. 5- 2) The last sentence of the second paragraph of Section IX(A)(5), which reads "No unit owner shall be liable for any breach of the provisions of this Paragraph, except such as occur during his or her ownership thereof.", is hereby deleted. 3) Section XX is hereby deleted in its entirety and replaced with the following: The Seaview Motel Condominium Trust, along with the Unit Owners themselves, shall be solely responsible for the maintenance and care of each of the buildings located on the property described in Exhibit A. Also,the Seaview Motel Condominium Trust along with the Unit Owners themselves shall be responsible for the adjoining breezeway areas as shown on the said plan, being that the breezeway areas are considered common areas. The cost of the maintenance, repair and improvement of these buildings and breezeways shall be assessed, allocated and charged in accordance with the terms of the Declaration of Trust and By-Laws of Seaview Motel Condominium. 4) Exhibit E to the Master Deed,known as the Rules and Regulations of the Seaview Motel Condominium, are hereby deleted in their entirety and replaced with the Exhibit E attached hereto. By signing below,the Trustees certify that this Amendment was approved by a majority of the Trustees, and at least 70% of the undivided interests in the common areas and facilities. i—