HomeMy WebLinkAbout785 Route 28 Master Deed Exhibit E First and Second AmendmentsN O T� N O T
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O F F I C I A L O F F I C I A L
C O P Y C O P Y
NKQTam ra'j163 N 0 T
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0 FJTI rEl' N�OMINIUM O F F I C I A L
C O P Y C O P Y
FIRST AMENDMENT TO
MASTER DEED
Individually and
WE, PHILIP HAFT and ROSE R. HAFT✓, being Trustees of
SEAVIEW MOTEL CONDOMINIUM TRUST, under a written Declaration dated
�prember 8 , 1981, and said Declaration of Trust being recorded
with the Barnstable County Registry of Deeds in Book 3357 , Page
22B , and having a usual place of business at Route 28, South
Yarmouth, Massachusetts, hereby amend the Master Deed as follows:
THAT Paragraph #10 of Exhibit "E": Rules and Regulations
is hereby deleted and in its place the following Paragraph 110 is
placed:
No animals are allowd in the Seaview Motel Condominium
except for dogs, Cate and other domesticated pets provided such
pets are#ot let loose in the Seaview Motel Condominium.
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O F F I C I A L O F F I C I A L
C 0 P Y C 0 P Y
BOOK ffE 164 AA NAONT
THAT the 9&Ae�D�d5+NeLfurther ameT L & bd�gy
I A L
to it ARTICLE XXVII which will read as follows:
Notwithstanding anything herein contained to the
contrary, Declarant reserves the right and power to record a
special amendment (•Special Amendment") to this Master Deed at any
time and from time to time which amends this Master Deed (i) to
comply with requirements of the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, the
Department of Housing and urban Development, the Federal Housing
Association, the Veterans Administration, or any other
governmental agency or other public, quasi -public, or private
entity which perform (or may in the future perform) functions
similar to those currently performed by such entitites, (ii) to
induce any of such agencies or entities to make, purchase, sell,
insure, or guarantee first mortgages covering unit ownerships,
(iii) to bring this Master Deed into compliance with Chapter 133A
of the General Laws of the Commonwealth of Massachusetts, or (iv)
to correct clerical or typographical errors in this Master Deed or
any exhibit hereto or any supplement or amendment thereto. In
furtherance of the foregoing, a power coupled with an interest is
hereby reserved and granted to the Declarant to vote in favor of,
make or consent to a Special Amendment on behalf of each owner as
proxy or attorney -in -fact, as the case may be. Each deed,
mortgage, trust deed, other evidence of obligation, or other
instrument affecting a unit and the acceptance thereof shall be
deemed to be a grant and acknowledgement of, and a consent to the
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O F F I C I A L O F F I C I A L
C B&,K3=f!GE 165 C 0 P Y
reservation of, the power oo gTe Declarant to vote in fawrgT
make, execute, anA)rFcoCd p cia�l Ame6dments. Tt6 FiAt OfC h A L
Declarant to act pursuant to Yrights reserved or granted under this
section shall terminate at such time as the Declarant no longer
holds or controls title to any unit.
The Master Deed is further amended by having Paragraph 21 on Exhibit E
of the Master Deed is hereby deleted completely.
IN WITNESS WHEREOF, PHILIP HAFT and ROSE HAFT, Trustees have hereunto
set their hands and seal this _ 1' 5 day of �`f t _, 1981.
, z&&
P PP Haf , Trusteeend Individually
X pip / 7_g` e
Rose R. Haft, Trustee and individually
COMMONWEALTH OF MASSACHUSETTS /
Barnstable, SS. i �'�' �r ' 7 1981
Then personally appeared the above -named PHILIP HAFT and ROSE R. HAFT,
Trustees as aforesaid, and acknowledged the foregoing instrument to be their
free act and deed, before me,
Notary Public
My commission expires: .1—I1q'—'Y
3 QUO SEP2SS1
Bk 28294 Pg295 #33859
NA*VIEW MOTEL CONDI IAUM
O F F I C I A L EXHEfiTF F I C I A L
C 0 P Y C O P Y
RULES AND REGULATIONS
N 0 T N O T
A N A N
Under anfl p;Aa4t tC tile *&lesions of th@ IYecgralioii of T"and Bylaws of the
SEAVIEW MOTEL Cb1MOANIUM, The Trustees h6re0y 8ddpt 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.
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9} Nothings b tloa rmtied by then wners Air tenants or servants out of the
windows or o , or n e common areas, nc�r s ialoa� tllint b� hung from outside of
the windows or�p ace o the outside window silrls. gP
10) Dogs, cats, and otter mestic pets are not alloweE i$t� demised premises.
O F I C A 4 O F F I C I
11) The water shale b�, let running any unreasonbl� o unYu a ary 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.
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19) The owns gh A t 8a a kr rmit the blowin oar + horn from any vehicle in which
his guests, fain y, a ,invitees, or emMof ee� sial eIoc u rants, approaching or
upon any of the dnvewa s or parking spaces serRn2 A building, except as may be
necessary for theV safe of
2peration thereof.N o T
20) An owneb slllv`� uor�s 11 he permit his fam�y, uests, tenants, or invitees to use
parking spaces,,tt��fOr g$wne No trailera�, 4 oFheit t ea Anh, of any kind may be
maintained on iepeg. In addition, there s&llbePabXolutely 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.
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-All units �Vaa;%,ioit the number of thAkdominium unit assigned in the
Master Dee iform in style wi e I C b s used on the other units;
N O T N 0 T
A N PENALTIES A N
O F F I C I A L O F F I C I A L
In the event th9t acUlt owner is in violation ofgieQa RuYes 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 $100 for each offense. Each day that
such violation continues shall constitute a separate offense. Any fines and/or penalties assessed
shall become part of the condominium common expenses assessed against that Unit Owner and
his/her/its unit.
Implementation of these Rules and Regulations shall be in the sole discretion of the
Trustees.
BARNSTABLE REGISTRY OF DEEDS
8k 28294 Ps299 0:33860
07--30-2014 Q 0225253,
N 0 TSEAVIEW MOTEL COI�l&RINIUM
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FIR9TFAhEfYMk*F'OF DECL TAOR 6FII')kkr AND BY-LAWS
C 0 P Y C 0 P Y
This First Amendment of Declaration of Trust and B -Laws is made this 24d' day of
May, 2014 by Karen H Lriu, Joseph Liu, and AgXR: Trustees of the Seaview Motel
Condominium Trust, creeft4pursuant to a Declaration 4T%ust and By -Laws recorded in the
Barnstable Counf� Xeg$s* 6f DeAs In Book 3352, PaA 2$8gthb ` Trkees").
C 0 P Y �f-o-P Y
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 V11, 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
Bk 28294 Pg300 #33860
which case the cost shall'tAoTue solely by the Unit Owner &twat Unit, and shall be part of the
Common Expenses assessAd kgainst said Unit. The Truste(A All be entitled to have access to
the Unit and to hReFth9wbrkCpe1f d. Should &RUAt (5-AGeridAir&to conduct
improvements, mainte&n& Andyrepairs to the exterior of tl$irkJrXt themselves, a Unit Owner
must secure from the Trustees or their agents and/or employees, prior to the replacement of any
door, window, trim, roofthfgTe, clapboard, cedar shingleN, v&itTchimney, or the color or style of
any such component or * Mher portion of a Unit which i6vNible from any part of the
Common Area, vftit*nFcofisd%t tb Aid -Unit Ownef; i� iNdii s6lekiikr&ion of the Trustees, their
agents or employees, s9d 01tRaffon fits the style and quAlitq oPoffier 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.
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0 E C o P JAViEW MO*IYCF) b6N AU%I
SECOND AMENDMENT OF MASTER DEED
N 0 T N 0 T
This Second AmAd*ent of Master Deed is madAfih 24'h day of May, 2014 by Karen Huang
Liu, Joseph LiuqAXghra ]&;Ji, P'rLlstees of thep5&164lVF A C%Aominium Trust, created pursuant
to a Declaration of TiGsParA lfy-Laws recorded in thV- larAtAle 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 1w 3, in accordance with provisions of Section X, is hereby amended as
follows:
1) Section IX(A)(3) is hereby deleted in its entirety.
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
1 „ Unit Owners themselves shall be responsible for the adjoining breezeway areas as shown on the
00 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.