HomeMy WebLinkAbout5082 24 & 32 Commercial St Condo Master Deed Revised 02.23.24
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MASTER DEED
24-32 COMMERCIAL STREET CONDOMINIUM
The undersigned, COMMERCIAL YARMOUTH NOMINEE TRUST, u/d/t dated
February 28, 2006 and recorded with the Barnstable County Registry of Deeds in Book
23701, Page 132 with an address of 5 Namskaket Road, Orleans, Massachusetts
(hereinafter called the "Declarant"), the owner of the premises in Yarmouth (South),
Massachusetts, hereinafter described, by duly executing and recording this Master Deed,
does hereby submit said premises to the provisions of Chapter 183A of the General Laws
of Massachusetts (“Chapter 183A”) and proposes to and does hereby create with respect to
said premises a condominium (the "Condominium") to be governed by and subject to the
provisions of Chapter 183A, and to that end declare and provide the following:
1. NAME. The name of the Condominium shall be:
24-32 COMMERCIAL STREET CONDOMINIUM
2. DESCRIPTION OF LAND. The premises which constitute the Condominium
consist of parcels of land, with the buildings and improvements thereon as described in the
deed dated May 12, 2009 and recorded in the Barnstable County Registry of Deeds in Book
23701, Page 139 of which the premises is a part, and which is as shown on plans entitled:
“Condominium As-Built Site Plan, 24-32 Commercial Street, South Yarmouth,
Massachusetts”, dated October 24, 2023 and “Condominium As-Built Floor Plans, 24-32
Commercial Street, South Yarmouth, Massachusetts”, dated October 24, 2023, both
prepared by Horsley Witten Group, 90 Route 6A, Sandwich, MA 02563, which plans are
recorded with the Barnstable County Registry of Deeds in Plan Book _____, Pages ______
through ______. The Site Plan shows the location of the Buildings and improvements of
the Condominium. The legal description of the premises is as set forth in Exhibit A
attached hereto and made a part hereof by reference.
It is the intention of the Declarant to reserve the right in favor of the Declarant, its
successors or assigns, to submit additional Condominium Units to the Condominium in the
future which additional Units would be contained in Building 1, which Building is further
described below. In the event the Declarant exercises its option to so develop and phase
additional Units, any such work must be performed according to the following provisions:
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a) the quality of workmanship and construction must be of
a quality equivalent or better to that now existing of Units 1 and 2;
b) said construction is performed in accordance with the Town of Yarmouth
building and zoning requirements including obtaining building permits
and inspections in connection therewith and including compliance with
appurtenant legal requirements, including but not limited to: Title 5 of the
Massachusetts Environmental Code and any local Yarmouth Board of
Health regulations that may be affected and that all work is completed
within eighteen (18) months from its commencement;
c) Declarant agrees to indemnify and hold harmless the 24-32 Commercial
Street Condominium Trust and the other Unit Owner from and to promptly
discharge any mechanic’s lien which may arise in connection therewith;
d) there will be no change in the Common Areas of the Condominium as a
result of said construction;
e) said phasing would necessitate a re-computation of the proportionate interest
in the common areas and facilities to reflect the new and additional Units.
Said re-computation will be determined pursuant to and in accordance with
Chapter 183A of the Massachusetts General Laws; and
f) said phasing would be at Declarant’s sole expense, paying all costs
associated therewith, including but not limited to: attorney and other
professional fees for preparation and recording of an Amendment to this
Master Deed, including updated site and floor plans. Declarant will also be
required to pay for increased insurance, if applicable and necessary. If the
expansion triggers a requirement that the septic systems be upgraded, the
Declarant shall bear all expenses associated therewith.
Said premises are subject to and with the benefit of, all rights, easements, restrictions,
covenants, appurtenances, agreements and reservations of record, if any, insofar as the
same are now in force and applicable, and subject to and with the benefit of the rights,
reservations and easements reserved by the Declarant as described in this Master Deed.
It is also the intention of the Declarant to reserve the right for the benefit of each Unit, i.e.
Unit 1 and Unit 2, to be able to change the use of part of all of its Unit to residential use,
provided all change in use and its corresponding construction is done in accordance with all
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legal requirements in the Town of Yarmouth and also in the Commonwealth of
Massachusetts, in accordance and subject to clauses a)-f) above, and is done at the sole risk
and expense of the Unit Owner seeking the permitted change in use. Said right to change
use includes the right to add accessory buildings provided any accessory buildings are
properly permitted by the Town of Yarmouth;
3. DESCRIPTION OF THE BUILDING. The Buildings, Building 1 and Building 2,
(hereinafter collectively referred to as the "Buildings") included in the Condominium are of
wood frame construction with concrete foundations.
Building 1 has two (2) stories and has clapboard wood siding on all sides and has an
asphalt shingled roof. It has no basement. Building 2 has clapboard wood siding on all
sides and has an asphalt shingled roof, has one and one-half (1 ½) stories and has an
unfinished basement. Each Unit located within its respective Building has a primary and
secondary egress directly to the outside. The Buildings are more particularly shown on the
Site and Floor plans recorded herewith and are referenced in Paragraph 2 herein.
4. DESCRIPTION OF UNITS. The Buildings each contain one (1) Unit (sometimes
hereinafter individually referred to as a “Unit” and collectively as the "Units") designated
as Unit 1 (“Unit 1”) and Unit 2 (“Unit 2”) respectively, and their location, number of rooms
as currently configured, approximate area are set forth in Exhibit B attached hereto,
incorporated herein, and made a part hereof.
As more particularly shown on the Floor Plans referred to in Paragraph 6 below, Unit 1, is
located on the First and Second Floors of Building 1 and as currently configured, contains
on the First Floor: five (5) entries; a Lobby, a Reception Area, twenty (20) rooms/offices
for use as commercial space, seven (7) storage or utility rooms/areas, and four (4)
washrooms. Unit 1 on the Second Floor, as currently configured: sixteen (16)
rooms/offices for use as commercial space, four (4) storage areas, and three (3) washrooms
5. BOUNDARIES OF THE UNITS. The boundaries of each of the Units with
respect to the floors, ceilings, walls are as follows:
(a) Floors: The plane of the bottom of the foundation or structure;
(b) Roofs: The plane of the exterior of each roof.
(c) Exterior Walls, Doors, and Windows: As to walls, the plane of the exterior
surface thereof; and as to windows, including skylights, the exterior surface of the
glass and of the window and/or skylight frames.
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Each Unit is intended in its current composition to be two (2) free standing buildings with
each Unit responsible for its respective Building in its entirety.
6. COMMON AREAS AND FACILITIES. The common areas and facilities of the
Condominium (the “Common Areas and Facilities”), subject to each Unit’s Exclusive Use
Areas as set forth herein, consist of the following:
(a) the Land, together with the benefit of and subject to all rights, easements,
restrictions and agreements of record insofar as the same may be in force;
(b) the parking lot, driveways and land surrounding each Building (subject to
the Exclusive Use Areas defined herein and shown on the Site Plan); and
(c) such additional common areas and facilities as may be defined in Chapter
183A, except as otherwise provided or stipulated herein;
7. DETERMINATION OF PERCENTAGE INTEREST IN THE COMMON
AREAS AND FACILITIES:
Each Unit Owner shall be entitled to an undivided interest in the Common Areas
and Facilities in the percentage for his or her Unit as set forth in Exhibit B attached
hereto and made a part hereof. Such percentage is based on the approximate
relation that the fair value of each Unit on the date hereof bears to the then
aggregate fair value of all the Units in accordance with Chapter 183A. Each Unit
Owner shall be subject to (i) the terms and provisions of this Master Deed, (ii) the
24-32 Commercial Street Condominium Trust and By-Laws thereof as defined and
described in Paragraph 12 hereof and (iii) the rules and regulations promulgated
pursuant thereto with respect to the use thereof (unless separately referred to, the
foregoing items are hereinafter individually and collectively referred to as, the
“Condominium Documents”).
a. Exclusive Use Areas.
i. Parking Lot.
Each Unit has immediate access to the Common Areas and Exclusive Use Areas
which Exclusive Use Areas consist of the land immediately surrounding each Unit
and that part of the parking lot area and parking spaces appurtenant to each Unit as
described herein and which Exclusive Use Areas are shown on the Site Plan.
Unit 1 shall have as an appurtenance to the Unit, an easement for the exclusive use
of the forty-four (44) designated parking spaces that are located on the south side of
Building 1 as shown on the Site Plan. Unit 2 shall have as an appurtenance to the
Unit, an easement for the exclusive use of the fifteen (15) designated parking spaces
that are located on the south and east sides of Building 2 as shown on the Site Plan.
Said parking areas as a whole shall be subject to the rules and regulations that
appear at the end of the 24-32 Commercial Street Condominium Trust recorded
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herewith (the “Condominium Trust”), which rules and regulations may be amended
from time to time by the Trustees as provided therein.
The Condominium Trust shall maintain the parking area in its entirety as a common
expense with each Unit to contribute to the same according to ratio of the number of
parking spaces appurtenant to each Unit. Each Unit Owner however shall be
responsible for enforcing the rules and regulations of the Trustees with respect to
use of the parking spaces by each Unit Owner, and its guests, invitees, employees
and visitors.
ii. Driveways: There are three driveways or points of entry in to the parking lot of
the Condominium premises. Each Unit has a driveway appurtenant to the Unit and
there is one shared and common driveway from which each Unit may conveniently
access its respective parking spaces. All driveways are shown on the Site Plan.
8. ENCROACHMENTS-COMMON AREA USE. The Common Areas and Facilities
shall be used in accordance with the By-Laws of the Condominium Trust. If any portion
of the Common Areas and Facilities now or hereafter encroaches upon any other Unit or if
any Unit now or hereafter encroaches upon any other Unit or any portion of the Common
Areas and Facilities as a result of (a) settling of a Building; (b) the alteration or repair to the
Common Areas and Facilities or a Unit, by or with the consent of the Condominium
Trustees; (c) as a result of repair or restoration of the Building or a Unit after damages by
fire or other casualty; or, (d) as a result of condemnation or eminent domain proceedings, a
valid easement shall exist for such encroachment and for the maintenance of the same as
long as the Building and/or Unit exists.
The Declarant may, until all of said Units have been sold by said Declarant, (i) continue to
lease the Unit or Units which have not been sold and (ii) use any Units owned by the
Declarant as models for display for purposes of sale or leasing of Units.
9. RESTRICTIONS ON USE OF UNITS.
A. GENERAL. Each of the Units is currently intended for commercial
purposes and/or accessory uses permitted as a matter of right by the Zoning-By-Laws of
the Town of Yarmouth, subject to the By-Laws recorded herewith, and unless otherwise
permitted by instrument in writing duly executed by the Condominium Trustees pursuant to
provisions of said By-Laws, (a) no such Unit shall be occupied for residential purposes
(unless a permitted change of use occurs as provided herein in Section 2 and in accordance
therewith.); (b) all maintenance and use by Unit Owners of the Common Areas and
Facilities shall be done so as to preserve the appearance and character of the same and of
the grounds; and, (d) all use and maintenance of such Units shall be conducted in a manner
consistent with the comfort and convenience of the occupants of both Units.
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B. (i) No Unit shall be used or maintained in a manner contrary to or inconsistent
with the comfort and convenience of the occupants of the other Unit in the Condominium
or of the provisions of the Condominium Trust;
(ii) The Owners of any Unit or their permitted lessees may at any time and from
time to time change the use and designation of any room or space within such Unit, and
may, subject to the provisions of this Master Deed, modify, remove, and install non-bearing
walls, ceilings, flooring, sub flooring, electrical, and plumbing lying wholly within such
Unit, provided, however, that any and all work with respect to the removal and installation
of the foregoing, or other improvements, shall be done in a good and workman-like
manner, by licensed and insured professionals in the business of performing such work, and
pursuant to a permit duly issued therefor (if required by law). All such work shall be
performed in compliance with applicable laws and in a manner as to not unduly
inconvenience or disturb the owners or occupants at the Condominium. If such work
would involve the removal or affect any structural portions of the Unit and/or Building,
then such work shall be made pursuant to an architect’s plans and specifications which
have been submitted to and approved by the Trustees of the Condominium Trust, which
approval shall not be unreasonably withheld or delayed. The cost and expense of all such
work, the plans and specifications therefor and the expenses of the Trustees in reviewing
and inspecting the same, shall be borne by the Unit Owner who is having the work
performed. Furthermore, such updated Site or Floor plans shall be recorded to reflect said
changes, with the Registry of Deeds and at the sole cost and expense of the owner of the
Unit who has made such changes to his or her Unit;
(iii) The limitations on use and restrictions set forth in this Paragraph 9 shall be for
the benefit of the Owners of the Units and the shall be enforceable by the Unit Owner
seeking to enforce the same and shall, insofar as permitted by law, be perpetual and, to that
end, such limitations on use and restrictions may be extended by at such time or times and
in such manner as permitted or required by law for the continued enforceability thereof.
Said restrictions may be waived in specific cases by unanimous written approval of the
Trustees;
(iv) Owners of the Units may not transfer their Units without the appurtenant right
to the portions of the Common Areas and Facilities to which they have an exclusive right
of use;
(v) No Unit shall be maintained at an ambient temperature of less than fifty degrees
(50°) Fahrenheit or such higher temperature as is necessary to prevent the freezing of any
and all pipes within the Building;
(vi) No nuisance shall be allowed in or upon the Condominium nor shall any use or
practice be allowed which interferes with the peaceful possession or proper use of the
Condominium by its occupants.
(vii) No legally immoral, improper, offensive, or other unlawful use shall be made
of the Condominium, or any part thereof, and all valid laws, zoning ordinances and
regulations of all governmental bodies having jurisdiction thereof shall be observed.
Violations of laws, orders, rules, regulations or requirements of any governmental agency
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having jurisdiction thereof, relating to any Unit shall be eliminated by and at the sole
expense of the Owner of said Unit and those relating to the Common Areas and Facilities
shall be eliminated by the Trustees, except as may be otherwise provided for herein;
(viii) No Unit, or other area to which a Unit Owner has exclusive rights, shall be
maintained or used in such a manner as to detract from the value of the other Unit or the
Condominium as a whole;
(ix) All maintenance and use by Unit Owners of the yards, its parking lot space and
parking spaces, and all other Common Areas and Facilities shall be done so as to preserve
the appearance and character of the same and of the Condominium;
C. RENTAL/TENANTS.
(1). Once the Declarant has transferred ownership of any interest in the
Condominium, any Unit Owner who leases his or her Unit hereby appoints the
Trustees of the Condominium as his or her attorney-in-fact for the purpose of
enforcing this Master Deed and the Condominium Trust and/or to seek the eviction
of any lessee for a violation of any term contained in said documents or the lease
for such Unit (for the purposes of this Paragraph 9, the Owner of the Unit which is
being rented is sometimes hereinafter referred to as the “Unit Owner/Landlord” and
the Trustees shall be deemed to be the Trustee who is the Owner of the Unit not
being rented and is hereinafter referred to as the “Trustee”); provided, however, that
the Trustee shall give the Unit Owner/Landlord ten (10) days written notice before
exercising this power of attorney. As set forth below, the Unit Owner/Landlord
shall be liable for the costs and fees of such eviction if an order of eviction, as
evidenced by an Execution, is obtained from a court of competent jurisdiction, and
such costs and fees shall be added to the common area fees of the Unit Owner and
shall be a lien on the Unit Owner's interest in the Unit. Until the Declarant transfers
or conveys all interest in the Condominium, the “Trustee” of the Condominium
Trust shall be the Initial Trustee appointed by the Declarant, Peter V. Kimball.
(2). Unless otherwise restricted under another agreement duly recorded, any Unit
Owner may lease or rent his or her Unit, subject, however to the following
conditions:
i) The lease must be in writing;
ii) No Unit may be leased or rented for a period of less than one (1) year and
renewal of such leases shall be permitted;
iii) The lease or rental/occupancy agreement shall expressly provide that it is
subject in every respect to the Master Deed and the Condominium Trust, as
the same have been amended; and,
iv) The lease or rental/occupancy agreement shall contain the following notice
in capital letters double spaced:
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“THE UNIT BEING LEASED (RENTED) UNDER THIS LEASE IS LOCATED IN A
CONDOMINIUM BUILDING. THE TENANT, BY SIGNING THIS LEASE,
ACKNOWLEDGES THAT HE OR SHE HAS BEEN FURNISHED WITH A COPY OF
THE MASTER DEED OF THE CONDOMINIUM, THE DECLARATION OF TRUST
OF THE CONDOMINIUM TRUST AND THE BY-LAWS AND RULES AND
REGULATIONS THERETO AND THAT HE OR SHE HAS READ AND
UNDERSTANDS THE SAME AND THAT HE OR SHE WILL BE EXPECTED TO
COMPLY IN ALL RESPECTS WITH THE SAME. THE TENANT UNDERSTANDS
THAT IN THE EVENT OF ANY NONCOMPLIANCE, THE TENANT MAY BE
EVICTED BY THE TRUSTEES OF THE CONDOMINIUM TRUST; IN ADDITION,
THE TENANT MAY HAVE TO PAY FINES, PENALTIES, AND OTHER CHARGES;
AND THE PROVISIONS OF THIS CLAUSE TAKE PRECEDENCE OVER ANY
OTHER PROVISION OF THIS LEASE (OCCUPANCY AGREEMENT).
vi) Notwithstanding anything to the contrary herein and notwithstanding any
custom, law, or usage to the contrary, it is expressly understood and agreed that
neither the Trustees, nor the Unit Owners (except the Unit Owner/Landlord), shall
ever bear any personal or individual responsibility with respect to said lease
agreement.
vii) Notwithstanding anything to the contrary in this section, it is expressly
understood and agreed that the provisions of this section shall not apply to the
Declarant until Declarant has transferred all his interest in the Condominium, nor to
any first mortgagee in possession of a Unit following default by the Unit Owner in
his or her mortgage, or holding title to the Unit by virtue of a mortgage foreclosure
proceeding, or deed or other agreement in lieu of foreclosure.
10. UTILITY LINES, PIPES, WIRES AND CONDUITS. Each Unit Owner shall have
an easement in common with the owners of the other Unit to use all pipes, wires, ducts,
flues, cables, conduits, public utility lines located in the Common Areas and Facilities
whether or not they are subject to the exclusive rights of use of another unit owner. The
Condominium Trustees shall have a right of access to each Unit to inspect the same, to
remove violations therefrom, and to maintain, repair or replace the Common Areas and
Facilities contained therein or elsewhere in the Building.
11. AMENDMENTS. This Master Deed may be amended by an instrument in writing
signed and acknowledged by the Unit Owners entitled to one hundred percent (100%) of
the undivided interest in the Condominium Trust and signed and acknowledged by all of
the Trustees of the Condominium Trust and duly recorded with the Barnstable County
Registry of Deeds, provided, however, that
a. the date of 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
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force or effect unless the same shall have been so recorded within six (6) months
after such date;
b. no instrument of amendment which alters the dimensions of any Unit or which
alters the percentage of the undivided interest in and to the Common Areas and
Facilities to which any Unit is entitled shall be of any force or effect unless the
same has been signed by all Unit Owners including the affected Unit Owner and
said instrument is recorded as an Amended Master Deed;
c. no instrument of amendment materially affecting any Unit upon which there is a
first mortgage of record held by a bank or insurance company or a purchase money
second mortgage held by the Declarant or his heirs or assigns shall be of any force
or effect unless the same shall have been assented to by the holder of such
mortgage; notwithstanding the foregoing, any first mortgagee which does not
deliver or post to the Condominium Trustees a negative response within thirty (30)
days of a written request by the Trustees for approval of any amendment pursuant
to this Paragraph 11 shall be deemed to have consented to the addition or change set
forth in such request, provided that the request was delivered by certified or
registered mail, return receipt requested. An affidavit by the Trustees making
reference to this Paragraph 11, when recorded at the Barnstable County Registry of
Deeds, shall be conclusive evidence as to the existence or non-existence of any fact,
or to any conditions precedent required for any action taken in connection with this
Paragraph, and may be relied upon by any person without being required to make
independent inquiry.
d. 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; and
e. Notwithstanding anything to the contrary herein, so long as the Declarant owns
any Unit in the Condominium, the Declarant shall have the right, at any time, and
from time to time, to amend this Master Deed without the consent of any other Unit
Owners or any of the Trustees of the Condominium Trust to meet the requirement
of any governmental or quasi-governmental body or agency, or the requirements of
any insurance company or insurance underwriting office or organization, or the
requirements of Federal National Mortgage Association, Federal Home Loan
Mortgage Corporation, the secondary mortgage market, or any lender, or to correct
typographical or clerical errors, or to cure any ambiguity, inconsistency, or formal
defect or omission.
12. MANAGING ENTITY. The entity through which the Unit Owners will manage and
regulate the Condominium established hereby is the 24-32 Commercial Street
Condominium Trust, created under a Declaration of Trust (which includes the By-Laws
and rules and regulations therewith) of even date and recorded herewith. Such Declaration
of Trust establishes a trust for the benefit of all Unit Owners in which each Unit Owner
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shall have a beneficial interest and membership in proportion to his or her percentage of
undivided interest in the Common Areas and Facilities to which such Owner is entitled
hereunder. The name and address of the original and present Trustee thereof, until his
successor(s) are duly elected or appointed according to the provisions of said Declaration
of Trust, is as follows:
Peter V. Kimball, 5 Namskaket Road, Orleans, MA 02653, (508) 737-1258
Such Trustee has enacted By-Laws pursuant to and in accordance with provisions of
Chapter 183A of the General Laws of Massachusetts.
13. GENERAL LAW CHAPTER 183A. The Units and the Common Areas and Facilities,
and the Unit Owners and Condominium Trustees shall have the benefit of and be subject
to the provisions of said Chapter 183A of the General Laws of Massachusetts, as from time
to time amended, and in al1 respects not otherwise specified in this Master Deed or in the
Condominium Trust, shall be governed by provisions of said Chapter 183A, including,
without limitation, provisions thereof with respect to improvements and rebuilding of
common areas and facilities, and removal of the Condominium premises or any portion
thereof from the provisions of said Chapter 183A.
14. MORTGAGEE PROVISIONS. Reference is made to Article VII of the Condominium
Trust, which is hereby incorporated herein by this reference and made a part hereof.
15. INVALIDITY. The invalidity of any provision 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 such invalid provision had never been
included herein.
16. WAIVER. No provision contained in this Master Deed shall be deemed to have been
abrogated or waived by reason of any failure to enforce the same, irrespective of the
number of violations or breaches which may occur.
17. CONSTRUCTION, INTERPRETATION AND CAPTIONS. The captions herein
are inserted only as a matter of convenience and for reference, and in no way define, limit
or describe the scope of this Master Deed nor the intent of any provision hereof. Words
used in the singular or in the plural respectively include both the plural and singular; words
denoting males include females and words denoting persons include individuals, firms,
associations, trusts, and corporations, unless a contrary intention is to be inferred from or
required by the subject matter or context.
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18. DEFINITIONS. All terms and expressions herein used which are defined in Section 1
of Chapter 183A shall have the same meanings herein unless the context otherwise
requires.
19. CONFLICTS. This Master Deed is set forth to comply with the requirements of
Chapter 183A in effect upon the date of execution of this Master Deed and any future
amendments thereto which are specifically made retroactive in application. In case any
provisions stated within this Master Deed are in conflict with the provisions of said statute,
the provisions of said statute shall control.
20. UNANIMOUS ACTION AND ARBITRATION. Except as set forth in this Master
Deed, including in any action relating in any manner to the renting/leasing of Units in
Paragraph 9b herein, in the event that the Unit Owners disagree about the operation of the
Condominium, including but not limited to operating budgets and the cost of maintaining,
repairing and/or replacing Common Areas and Facilities, and also non-monetary matters,
and such dispute is not resolved within thirty (30) days, the Unit Owners shall submit the
matter to mediation and/or arbitration, which may be initiated by any of the Unit Owners.
If mediation does not resolve their differences, then the Unit Owner shall submit the matter
to binding arbitration.
Such mediation and/or arbitration as applicable shall be submitted to and conducted
by the Real Estate Bar Association for Massachusetts Dispute Resolution. In the event the
Real Estate Bar Association for Massachusetts Dispute Resolution no longer exists, or the
parties agree otherwise, such dispute shall be submitted to any other entity approved by the
Massachusetts Land Court to provide alternate dispute resolution for matters before the
Court and shall be binding upon all parties. If the Unit Owners agree, the mediator and/or
arbitrator need not be a member of such an entity but may be a property manager with
experience in the operation of condominiums.
The arbitrator’s decision shall be conclusive and binding on all Unit Owners and
shall be enforceable in a court of competent jurisdiction (with the cost of enforcement to be
paid by the non-compliant Unit Owner).
In the event of a situation which a Unit Owner reasonably believes to be an
emergency, the Unit Owner may pay the necessary expenses to remedy the emergency and
shall be reimbursed by the other Unit Owners for his or her proportionate share of such
expenses, failing the payment of which the Unit Owner may submit the same to binding
arbitration as set forth above. In the event a mediator or arbitrator (as the case may be) is
not mutually agreed upon within 10 (ten) days of submission of the dispute to mediation or
arbitration the entity selected to conduct the arbitration shall select an arbitrator.
The costs of the arbitration and the arbitrator shall be borne equally by the Unit
Owners unless otherwise decided by the arbitrator. If a Unit Owner engages an attorney to
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represent the Unit Owner in the arbitration the cost of the attorney shall be borne by the
Unit Owner engaging the attorney.
IN WITNESS HEREOF, I have caused this Master Deed to be duly executed, sealed and
delivered this ______ day of ____________________, 2023.
______________________________________
Peter V. Kimball, Trustee
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss.
On this _____ day of _________________, 2023, before me, the undersigned notary
public, personally appeared Peter V. Kimball, Trustee as aforesaid, and proved to me
through satisfactory evidence of identification, which was personally known to me, to be
the person whose name is signed on the preceding or attached document, and
acknowledged to me that he signed it voluntarily for its stated purpose.
____________________________________
Notary Public
My commission expires:
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EXHlBlT A
24-32 COMMERCIAL STREET CONDOMINIUM
MASTER DEED
The land with the buildings and improvements thereon situated in Yarmouth, in the County
of Barnstable and Commonwealth of Massachusetts, presently known and numbered as 24
and 32 Commercial Street, Yarmouth, Massachusetts and described as follows:
Parcel I:
Southwesterly by Commercial Street, 80.00 feet;
Southwesterly by Lot 1 and a portion of Lot H, 176.25 feet;
Northwesterly by a portion of land now or formerly of Sadie L. Hamblin, 85.27 feet; and
Northeasterly by Lot 3 (as shown on the below mentioned plan), 183.27 feet.
Being Lot 2 containing 14,450 square feet of land, more or less, according to and as shown
on a plan of land mentioned below;
Parcel II:
Southeasterly by Commercial Street, 80.00 feet;
Southwesterly by Lot 2, 183.27 feet;
Northwesterly by a portion of land now or formerly of Sadie L. Hamblin, 80.29 feet; and
Northeasterly by Lot 4 190.06 feet.
Being Lot 3 containing 14,920 square feet of land, more or less, according to and as shown
on a plan of land mentioned below;
Parcel III:
Northerly by land now or formerly of Sadie L. Hamblin, 164.11 feet;
Easterly by Front Street, 191.84 feet;
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Southeasterly by a curved line forming the intersection of Front Street and Commercial
Street, 86.00 feet; and
Westerly by Lot 3 190.96 feet.
Parcel IV:
A small triangular parcel of land located in said Yarmouth (South), bounded and described
as follows:
Beginning at a point in the Southerly sideline of State Highway, Route No. 28 at the
Northeasterly corner of land now or formerly of Sadie L. Hamblin;
Thence running Easterly by said State Highway, 13.55 feet;
Thence running southerly 11 degrees 34’ 30” E by the Westerly sideline of front Street,
37.34 feet;
Thence N 31 degrees 64’ 10” W by land now or formerly of Sadie L. Hamblin, 39.78 feet,
to the point of beginning.
Being Lot 18 as shown on a plan of land mentioned below;
All as being shown on that plan entitled, “Bass River Shopping Center, a subdivision of
Land in South Yarmouth, Massachusetts, for Lewis A. Byrne and Henry L. Murphy, scale
1” = 40 feet, December 1, 1952, Chase, Kelly and Sweetser, Engineers and Surveyors,
Dennisport, Mass.”, which plan is filed with the Barnstable County Registry of Deeds in
Plan Book 100, Page 115.
For title, see deed recorded in Book 23701, Page 139 of which the Premises is a part and
trustee certificate attached hereto and recorded herewith.
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EXHIBIT B
24-32 COMMERCIAL STREET CONDOMINIUM
MASTER DEED
Unit 1 is located in that building labeled as “Building 1” and Unit 2 is located in that
building labeled “Building 2” both as shown on the Site Plan, recorded in Plan Book
______, Page ______ of the Barnstable County Registry of Deeds. Each Unit has
immediate access to an Exclusive Use Area or Areas which form a portion of the Common
Area of the condominium as well as to the Common Areas themselves.
NOTE: The number of rooms listed below is exclusive of lobbies, halls, washrooms and
basements. All space within the unit is included in the square footage listed below.
BUILDING 1
UNIT 1
Unit Designation No. of Rooms Sq. Ft. Area Percentage Interest
1 _______ 7655.25+- 75 %
BUILDING 1
UNIT 2
Unit Designation No. of Rooms Sq. Ft. Area Percentage Interest
2 ________ 2653.60+- 25 %
The square foot areas set forth above are exclusive of the Exclusive Use areas indicated on
the Floor Plans.
Total 100 %
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TRUSTEE’S CERTIFICATE
I, Peter V. Kimball as I am the Trustee of Commercial Yarmouth Nominee Trust, , u/d/t
dated February 28, 2006 and recorded with the Barnstable County Registry of Deeds in
Book 23701, Page 132 (the “Trust”), hereby certify that:
1. I am the current and sole Trustee of the Trust; said Trust is in full force and
effect and has not been amended, modified or terminated;
2. All the beneficiaries of said Trust who are natural persons, if any, are of full
age;
3. All the beneficiaries of said Trust who are natural persons, if any, are
competent; and
4. I have been duly authorized and directed by all of the beneficiaries of said
Trust to submit the land and all improvements, which land and improvements are
described in Exhibit A attached to the foregoing Master Deed, to be subject to the
provisions of Chapter 183A of the Massachusetts General Laws and by doing so
create 24-32 Commercial Street Condominium by signing the foregoing Master
Deed.
Executed under the pains and penalties of perjury, on the _____ day of ________ 2023.
_______________________________
By: Peter V. Kimball, Trustee
COMMONWEALTH OF MASSACHUSETTS
County of Barnstable, ss.
On this ______day of ________________, 2023, before me, the undersigned notary public,
personally appeared Peter V. Kimball, Trustee as aforesaid, proved to me through
satisfactory evidence of identification, which was _______________________________,
to be the person whose name is signed on the preceding Trustee’s Certificate, and who
swore or affirmed to me that the contents of the document are truthful and accurate to the
best of his knowledge and belief.
____________________________________
Notary Public
My commission expires: ________________