HomeMy WebLinkAboutSouth Sea Village Master DeedMASTER DEED
of
SOUTH SEA VILLAGE CONDOMINIUM
I, RONALD S. RUDNICK, Trustee of South Sea Village Nominee Trust, under a
written Declaration dated April 1 1981 and recorded with the Barnstable
County Registry of Deeds as Doc. No. 27 8, 9: 0, hereinafter called the Declarant,
being the sole owners of the land and buildings in Yarmouth (West), Barnstable
County, Yzassachusetts hereinafter described, by duly executing and recording
this ".aster Deed, do hereby submit said land together with the buildings,
improvements and structures located thereon to the provisions of Chapter 183A
of the General Laws of Hassachusetts, as amended, and propose to create and do
hereby create a condominitm to be governed by and subject to the provisions of
said Chapter 183A, and to that end, we hereby declare and provide as follows:
1.
The name, of the condominium shall be the SOUTH SEA VILLAGE CONDO*-1NIUM.
II.
A description of the land on which the buildings and improvements are
located is set forth and described in Exhibit A attached hereto and made a
part hereof, which land and buildings are subject to and have the benefit of,
as the case may be, the easements, encumbrances, restrictions and appurtenant
rights set forts: and contained in said Exhibit A:
111.
• The description of the buildings comprising the Condominium, stating the
number of stories, the number of units and the principal material of which
they are constructed is set forth and described in Exhibit B attached hereto
and made a part hereof.
IV.
A. The unit designation of the condominium units, location, approximate
areas, number of rooms, immediately accessible common areas and other descrip-
tive specifications thereof are as set forth in Exhibit C attached hereto and
made a part hereof and as shown on the floor plans attached hereto and made a
part hereof_
B_ The boundaries of Units 1 through 32 are as follows:
(1) Roofs - The plane of the outer surface of the robf-shingles;
(2) Exterior Buildings Walls, Doors and Windows - As to walls, the
plane of the exterior surface of the shingles, or with respect to basement
areas, the exterior surface of the basement wall; as to doors, the exterior
surface thereof; and as to windows, the exterior surface of the glass and of
The -window frames;
(3) Floors - The plane of the outer and exterior surface of the
lowest floor;
(y) Foundations, chimneys, gutters, downspouts, drains, flues, vent
pipes, railings, steps, bulkheads, fireplaces and other features connected to
or extending from said surfaces of a unit are a part of the unit; and
(5) Drainage pipes and waste disposal systems that serve only one
unit are a part of the unit.
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V.
The common areas and facilities of the condominium shall include:
A. Such areas and items listed as such in Section 1 of said
Chapter 183A and those hereinafter listed, and without limiting the foregoing,
all areas and facilities of the condominium as are not within a unit of the
condominium;
B. A31 conduits, ducts, pipes, plumbing, wiring, flues and other
facilities for the furnishings of utility services which are contained within
any unit which serve parts of the .condominium other than the unit within which
such facilities are contained;
C. All land, lawns, trees and facilities thereof, shed, lighting
fixtures, plants and parking and other improved or umimporved areas not within
the units; except that each unit owner shall have access to the crawl space
under his unit through any outside areaway that may exist. Units 4, 6, 8, 14,
18, 19, 20, 21, 22, 23, 28, and 33 shall have the right to maintain and exclu-
sively use the deck or porch attached to their respective units. Units 1, 2,
3, 4, 5, 6, 7, 8, 9, 12, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 31 and 33 shall have the right to maintain and exclusively use the outdoor
fenced -in showers which are attached to their units.
D. All other apparatus and installations in the buildings, if any,
for common use or necessary or convenient to the existence, maintenance or
safety of the condominium.
The common areas and facilities shall be subject to the provisions of the
By-laws of South Sea Village Condominium Association, hereinafter referred to,
and to the rules and regulations promulgated pursuant thereto with respect to
the use and maintenance thereof. _
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V1.
The owners of each unit shall be entitled to an undivided interest in the
.common areas and facilities in the percentage set forth in Exhibit D attached
hereto and made a part hereof, which percentage was determined as required by
- the provisions of said Chapter 183A.
VII.
herewith as part: of the hereinbefore mentioned South Sea Village
- Condominium plan is a set of floor plans of the buildings showing the layout,
location, unit numbers and dimensions of the units stating the names of the
buildings asinumbers, and bearing the verified statement of a registered
surveyor certifying that the plans fully and accurately depict the layout,
location, unfit numbers and dimensions of the units as built.
VIII.
A. Ea4h of the units of the Condominium is intended to be used solely
for single faSmily residence purposes, unless a unit contains more than one
dwelling are', a self—contained area with.its own kitchen and bathroom facili—
ties, in whi4h case, said unit may be used by as many families as there are
dwelling areas within a unit, in accordance with the By—laws of the South Sea
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Village Cond , nium Association, provided, however, that such units may be
used by the IIeclarant for other purposes temporarily pursuant to provisions of
and subject to the limitations set forth in Paragraph VIII C.
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B. The' outdoor parking areas are intended to be used for the parking of
private passenger cars and not for trucks or other vehicles or items, except
with prior wr�i�ne--
,tten permission of the Board of Managers of the Condominium
associaiion;
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C. As provided in the foregoing Paragraph VIII A., the Declarant hereof
may, until all of said units have been sold by the Declarant (1) let or lease
a unit or units which have not been sold by them and (2) use any unit or units
owned by them as a model for display for purposes of sale or leasing of units.
D. Each of the units can be sold only as an entirety, and no dwelling
area within a unit can be sold separately from the unit of which it is a part.
A. Unless otherwise permitted by instrument in writing and duly executed
by the Board of Managers of the South Sea Village Condominium Association
pursuant to the provisions of the By-laws thereof;
(1) No such unit or dwelling area when a unit contains more than
one dwelling area shall be used for any purpose other than as a dwelling for
one (1) family as permitted under Section VIII A., above;
(2) No business activities of any nature shall be conducted in any ".C>-
such unit.;
(3) No animals of any kind, including birds and reptiles, except
for ordinary household pets, shall he kept or permitted in any unit or in or
on the common areas and facilities.
(4) The architectural integrity of the buildings and the units
shall be preserved without modification and to that end, without limiting the
generality of the foregoing, no balcony, enclosure, awning, screen, antenna,
sign, banner or other device and no exterior change, addition, structure,
projection, decoration or other feature shall be -erected or placed upon or
attached to any such unit or any part thereof, nor addition to or change or
replacement of any exterior light, door knocker, or other exterior hardware
_6i6aii be ,-_ uu.d painting C'_' Oth-er rhAll use done on a'.y exterior
part or surface of any unit nor on the interior surface of any window; and
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(5) No unit shall be used or maintained in a manner contrary to or
inconsistent with the By—laws of the South Sea Village Condominium Association
and rules and regulations which may be adopted pursuant thereto.
Said restrictions shall be for the benefit of the owners of all of
the condominium units and the Board of Managers of the South Sea Village
-Condominium Association as the persons in charge of the common areas and
facilities, shall be enforceable solely by said Board of Managers, and shall,
insofar as permitted by law, be perpetual; and, to that end, may be extended
by said Board of Managers at such time or times and in such manner as permitted
or required by law for the continued enforceability thereof. 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.
B. Notwithstanding anything .in this Master Deed to the contrary, each
unit may have an addition built onto it but only to the extent permitted by
right by the laws of the Town of Yarmouth and not otherwise.
X.
This Master Deed may be amended by an instrument in writing (I) signed by
the owners of units entitled to seventy (70%) percent or more of the undivided
interests in the common areas and facilities, and (2) signed and acknowledged
by a majority of the Board of Managers of the South Sea Village Condominium
Association, and (3) duly recorded with the Barnstable County Registry of
Deeds; provided, however, that:
Aa The date on which any such instrument is first signed by a unit
owner shall be indicated thereon as the date thereof and no such instrument
shall be of any force or effect unless the same has been recorded within sIx
(6) mon ns after uuuij dates;
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B. No instrument of amendment which alters the dimensions of any unit
shall be of -any force or effect unless the same has been signed by the owners
of the unit so altered;
C.' No instrument of amendment which alters the percentage of the undi=
.vided interest to which any unit is entitled in the common areas and facilities
_shall be of any force or effect unless the same has been signed by the owners
of all of the units and said instrument is therein designated as an Amended
Master Deed;
D. No instrument of amendment affecting any unit in a manner which
impairs the security of a first mortgage of record thereon held by a bank or
Insurance company or a purchase money second mortgage held by the Delcarant or
their successors or assigns shall be of any force or effect unless the same
has been assented to by such holder; and
E. No instrument of amendment which alters this Master Deed in any
manner which would render it contrary to or inconsistent with any requirements
or provisions of said Chapter 183A of the General Laws of Massachusetts shall
be of any force or effect.
EAP
The organization through which the unit owners will manage and regulate
the condominium established hereby is an unincorporated association known as
the South Sea Village Condominium Association. Said Association has been
formed and has enacted By—laws pursuant to said Chapter 183A and are to be
recorded herewith.
All unit owners in the South Sea Village Condominium Association shall be
members of the Association of unit owners and such owners shall have an interest
.n -.�w....� ...., r.� ti :1c. T,•GTi :46 of 1-sreivliried is terest :I--- the and
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facilities to which they are entitled hereunder. The name and address of the
original and present Board of Managers thereof is as follows:
Richard H. McNealy
652 fain Street
West Yarmouth, MA 02673
XII.
If any portion of the common elements now encroaches upon any unit, or if
any unit now encroaches upon any other unit or upon any portion of the common
elements, or if any such encroachment shall occur hereafter as a result of (1)
settling of the buildings, or (2) alteration or repair to the common elements
made by or with the consent of the Board of Managers of the South Sea Village
Condominium Association, or (3) as a result of repair or restoration of the
buildings or a unit thereof after damage by fire or other casualty, or (4) as
a result of condemnation or eminent domain proceedings, each unit owner shall
have the benefit of and be subject to a valid easement which shall exist for
such encroachment and for the maintenance of the same so long as the buildings
stand.
XIII.
Each unit owner shall have an easement in common with the owners of all
other units to use all pipes, wires, ducts, flues, cables, conduits, public
utility lines and other common elements located in any of the other units and
serving his unit. Each unit shall be subject to an easement in favor of the
owners of all other units to use the pipes, wires, ducts, flues, cables,
conduits, public utility lines and other common elements serving other units
�4143 licatcd =1- .. =h .,_7trd of --Ma :alters- o; the Svutb =-•t pi' I sbo_ 4
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Condominium Association shall have a right of access to each unit to inspect
the same to remove violations therefrom and to maintain, repair or replace the
coon elements contained therein or elsewhere in the buildings.
• XIV.
All present and future owners, tenants, visitors, servants and occupants
of units shall be subject to and shall comply with the provisions of this
Master Deed, -the Unit Deed, By-laws and the rules and regulations, as they may
be amended from time to time. The acceptance of a deed or conveyance or the
entering into occupancy of any unit shall constitute an agreement that (1)
provisions of this Master Deed, the Unit Deed, the .By-laws and the rules and
regulations as they may be amended from time to time are accepted and ratified
by such owner, tenant, visitor, servant or occupant, and all 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 (2) a violation of the provisions of this
Master Deed, the Unit Deed, By-laws or rules and regulations by any such
person shall be deemed a substantial violation of the duties of the condominium
unit owner.
The invalidity of any provision or provisions of this Master Deed shall
not be deemed to impair or affect in any manner the validity, enforceability
or effect of the remainder of this Master Deed, and, in such -event, all of the
other provisions of this Master Deed shall continue in full force and effect
as if sLc:. invalid _ rovision h-^ nee•-- I- I -,:"tided_ herein.
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XVI
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.
XVII.
This Master Deed is set forth to comply with the requirements of Chapter
183A of the General Laws of the Commonwealth of Massachusetts. In case any of
the provisions stated above conflict with the provisions of said statute, the
provisions of said statute shall control. The units and common areas and
facilities and the unit owners and the South Sea Village Condominium Association
shall have the benefit of and be subject to the provisions of said Chapter 183A
of the General Laws of Massachusetts, and in all respects not specified in
this Master Deed or in said By—laws of the South Sea Village Condominium
.&b-
Association shall be governed by provisions of said Chapter 183A in their
relation to each other and to the condominium established hereby, including
without limitation, the provisions thereof, with respect to common expenses,
funds and profits, with respect to the improvement and rebuilding of common
areas and facilities, and with respect to removal of the condominium premises
or any portion thereof from the provisions of said Chapter 183A.
XVIII.
All terms and expressions herein used which are defined in Section 1 of
said Chapter 183A shall have the same meanings herein as set forth in said
Section 1.
IN WITNESS �WH/EREOF, RON/A�LD S. /RUDNICK, Trustee has hereunto set his hand
. a ._ / r i` ,, 7 �[
:,. u.. b+e_-• �� !�-..-- day t.� ..�F_-✓'!°
Yon*ld S. Rudnic ,1JTrustee
I tl
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss. 1981
Then personally_ appeared the above named RONALD S. RUDNICK, Trustee as
aforesaid, and acknowledged the foregoing instrument to be his free act and
deed, before me,
C
Notary Pub is
My commission expires:
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