Heatherwood Master Deed 08.18.89 ALLOWED
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L IUSTIm
MASTER DEED
OF
HEATHERWOOD AT KINGS WAY
Michael J . Greene, trustee of Yarmouthport Associates
Nominee Trust under Declaration of Trust dated as of
November 18 , 1987 , and filed with Barnstable Registry District
of the Land Court (the "Registry District" ) as Document
No . 444625 , having its principal place of business at One
Liberty Square, Boston, Massachusetts (hereinafter , the
"Declarant" , which term and any pronoun referring thereto shall
be deemed to mean said Trust and its beneficiaries from time to
time and its successors and assigns) , being the sole owner of
the land located on Kings Circuit , off Old Kings Highway
(Route 6A) , Yarmouth, Barnstable County, Massachusetts ,
described in Paragraph 1 below ( the "Land" ) , by duly executing
and recording this Master Deed, does
together with the buildings and improvementsserectedaid thereon,
and together with all easements , rights and appurtenances
belonging thereto ( the "Property" ) to
Chapter 183A of the General of the
he Co mrovieions of
Massachusetts ( the "Condominium Statute" ) , mand dwolsh of
s hereby
state that he proposes to create , and does hereby create , with
respect to the Property, a Condominium to be governed by and
subject to the provisions of the Condominium Statute . The
Condominium is to be known as Heatherwood at Kings Way.
1 . Descron of Land, A Durtenant Rights , and
Reservation of Ri hts and Easements . The Land is shown as
Lot 51 on Land Court Plan No . 34279G. The Land is more
particularly bounded and described as follows :
NORTHERLY,
NORTHEASTERLY,
EASTERLY AND
SOUTHEASTERLY by the line of Kings Circuit as shown on said
plan, by two lines measuring, respectively,
257 . 46 feet and 1378 . 11 feet;
SOUTHWESTERLY by Lot 52 as shown on said plan,
by nes
measuring, respectively, 86 . 25 feet , t238 . 82hree 1feet
and 145 . 77 feet , and by Lot 53 as shown on said
plan, 586 . 71 feet; and
NORTHWESTERLY by said Lot 53 , 77 . 00 feet .
X e
a
physical capacity shall be made by a licensed physician
selected by the mutual agreement of the Trustees and the
resident whose physical or mental capacity is at issue , or his
or her conservator or guardian if one has been appointed . Such
physician shall , within thirty ( 30 ) days after his or her
selection, make a determination and transmit the same in
writing to the Trustees and the resident involved .
In the event that any resident of a Unit is determined to
be not of sufficient mental or physical capacity for
independent living, in accordance with the procedure set forth
above, and such resident continues to occupy any Unit for a
period in excess of thirty ( 30 ) days after such final
determination, such resident shall thereafter be in violation
of the provisions of this Master Deed and such violation may be
remedied by the Trustees in the manner specified in the
By-Laws . Upon a determination that a resident does not meet
the mental and physical standards established by the Trustees ,
the Trustees shall have the absolute right and authority to
immediately suspend or restrict such resident ' s access to the
Common Elements , to the extent deemed necessary or appropriate
by the Trustees to protect and preserve the safety, enjoyment
and quality of life of other residents of Units in the
Condominium . In appropriate cases , the Trustees may authorize
the transfer of such resident to a Personal Care Unit , if one
is available . If the resident vacating the Unit is the Unit
Owner , such Unit Owner may retain the Unit , or subject to and
in accordance with the provisions of this Master Deed and the
By-Laws , and any contractual commitments of such Unit Owner ,
offer the same for sale or rental to others . The Trustees
shall in all instances , afford all such assistance to the
resident vacating the unit to effect relocation to suitable
living quarters as is within the reasonable capability and
province of the Trustees .
Notwithstanding anything contained in this Section 11 to
the contrary, and without in any way intending to limit the
generality of the rights reserved to the Declarant in
Section 10(e) above, the Declarant shall have the absolute
right and authority, pursuant to the provisions of Section 16
of this Master Deed, to create one or more separate and
distinct classifications of Units , including, without
limitation, Personal Care Units , to which the foregoing
provisions regarding the frequency and duration of rental
periods and thephysical
any procedures frdeterminingethelsamenestablisheddards for es they and
Trustees may not apply, by the
the frequency and durationdoforental perothiodr srand sthe s regardingysica
or mental standards for residency may apply. physical
Or
Phase I Units and of comparable architectural style with other
units in the Condominium, all as conclusively determined by the
Declarant and its architects . In no event shall the total
number of Units in the Condominium exceed 235 .
Without limiting the generality of the foregoing, the
Declarant shall have the right to create, with respect to any
Additional Units , separate and distinct classifications of
Units , including Personal Care Units , and may provide that
certain of the provisions and restrictions contained in thi :
Master Deed shall not apply to such classification( s ) of Units ,
and may provide that other provisions and restrictions may
apply to such classification( s ) of Units . In addition, the
Declarant may limit the use and availability of Common Elements
which are constructed or created in connection with any
Additional Units to Owners and residents of some but not all
Units , (herein, "Limited Common Elements" ) . In addition, the
Declarant may at any time alter or change the designation and
classification of any Units owned by it so as to remove any
distinction between such Units and the Phase I Units and may
change the designation of Limited Common Elements to Common
Elements .
In addition to all other requirements established by this
Master Deed with respect to the inclusion of Additional Units
in the Condominium, the following shall control with respect
thereto :
( a) The right of the Declarant to add Units by
amendment to the Master Deed shall expire no later than
twenty ( 20 ) years from the date this Master Deed is
recorded, provided that the Declarant ' s right to alter or
remove the classification of Units and the right to change
the designation of Limited Common Elements to Common
Elements shall not be governed by the foregoing twenty ( 20 )
year limitation but rather shall continue until the later
of ( a) the first date on which the Declarant or any
affiliate, successor or assignee of the Declarant no longer
owns any Unit within the Condominium, or (b) the first date
on which the Declarant or any affiliate, successor or
assignee of the Declarant no longer has a contract to
manage the Common Elements of the Condominium;
(b) Assessments for common charges and expenses
attributable to each Unit , and the right of each Unit to
exercise its voting rights , shall commence upon recording
of this Master Deed, and upon recording of the Amendment to
the Master Deed adding the Unit in question to the
Condominium.
A
the Condominium Trust . Notwithstanding the for
as theant owns any or any affiliate , successor or assignee SO long
t wnsts , nit or retains the right to constructssign of the
additional to nituse a any Unit Owner mayreconveysExclusive
surface othe his Declarantivn
connection with the purchase fromthe Declarant
conectto ate a fan lu
Easementparking space located in the Condominium
of an Exclusive
parking garage from the Declarant . Condominium
20 • Invalidity.
Deed shall The invalidity of any provision of
Master
validity, be deemed to impair or affect in any
his
manner this thesval Deed enforceability or effect of
provisions of and, in such event , all the remainder
pfoect this Master Deed shall continuerthe other
as if such invalid provision had never in full force and
herein . been included
21 . Waiver . No
shall be deemed provision contained in
this to have been abrogated or waived Master reasoned
any failure to enforce the same, irrespective of
violations or breaches which mayby of
occur . the number of
22 . Captions .
matter of core encThee ndaptions for herein
are inserted only Fas a
of anyway define ,
provision hereof . red nor the intent
23 . Conflicts .
with the requirements TofsChapter Master 183A of eed is htot fereh l comply
the Commonwealth of Massachusetts . In case any of the
General provisions hereof conflict with such requireme Laws of
provisions of said statute shall control . nts , the
IN WITNESS WHEREOF,
thjeclarant ha caused this Master
Deed to be executed
- cc..--- — ,(\
Michael J. �- � . —�
aforesaid and not. individuall trustee y
/� l y
N —
COMMONWEALTH OF MASSACHUSETTS _
r�
(«.,e i C v //, 191
9 SS .
Then personally appeared the above-named Mic el J . Greene ,
Yarmoutroort Associates
meforegoing instrument be his
Nnown o to be the trustee of
Nominee
Trust , and acknowledged the
free act and deed as trustee , before me, '' 61,
2
'-'/A. / (1' t..e,
Notary Public 146 -1 � 9/
ex fires : 2 /
My commission P
DP-0121/L
8/15/89
CR. 002
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