HomeMy WebLinkAboutPilgrim Acres Village Condominium Declaration of Trust Recorded May 26 1977Boor 2516 rw 265
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rPILGRIM ACRES VILLAGE CONDOMINIUM TRUST
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THIS DECLARATION OF TRUST, made this ,iIM day of
May,,1977, in the County of BarnstableFa ff Commwn-
woelCh of Massachusetts, by KENNETH A. GRADY,
HARRY B. MILLER, JR, and RAYMOND H. DECKER (herein-
after called the Trustees, which term and any pro-
noun referring thereto shall be deemed to include
their successors in trust hereunder and to mean the
Trustee or the Trustees for the time being hereunder
wherever the context so permits.)
ARTICLE I
i
Name of Trust
The trust hereby created shall be known as PILGRIM
ACRES VILLAGE CONDOMINIUM TRUST, and under that name,
so far as legal, convenient and practicable, shall all
business carried on by the Trustees be conducted and
shall all instruments in writing by the Trustees be
executed.
ARTICLE I1
The Trust and its Purpose
Section 2.1. All of the rights and powers in and with
rspec to the common area& and facilities of the
PILGRIM ACRES VILLAGE CONDOMINIUM TRUST (hereinafter called
the CONDOMINIUM) established by a Master Deed of even date
and record herewith which are by virtue of provisions of
Chapter 183A of the Massachusetts General Laws conferred
upon or exercisable by the organization of unit owners of
the CONDOMINIUM, and all property, real and personal,
tangible andintangible, conveyed to the Trustees hereunder
shell vest in the Trustees as joint tenants with right of
survivorship as trustees of this trust, in trust to exercise,
manage, administer and dispose of the same and to receive
the income thereof for the benefit of the owners of record
from time to time of the units (hereinafter called the
Units) of the CONDOMINIUM (hereinafter called the Unit
Owners), according to the schedule of undivided beneficial
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interests in the common areas and facilities (here-
inafter referred to as the beneficial interests) set
forth in Article IV hereof and in accordance with
the provisions of said Chapter 183A, this trust being
the organisation of the Unit owners established pur-
suant to the provisions of Section 10 of said Chapter
183A for the purposes therein set forth.
Section 2.2. It is hereby expressly declared that a
Trust an not partnership has been created and that
the Unit Owners are cestuis qua trustent, and not
partners or associates nor in any other relationship
whatever between themselves with respect to the trust
property, and hold no relation to the Trustees other
than of cestuis qua trustent, with only such rights as
are conferred upon them as such cestuis que trustent
hereunder and.under pursuant to the provisions of said
Chapter 183A of the General Laws,
ARTICLE III
The Trustees
Section 3.1. There shall be at all times Trustees con-
s st-i�g of such number, not less then three (3), nor
more than seven (7), as shall be determined from time to
time by vote of the Unit Owners entitled to not less
than fifty-one percent (51;G) of the beneficial interest
hereunder. Until RAYMOND H. DECKER and MARILYN L. DECKER
(or their grantee, if they convey all 24 units at one
time to one grantee) own less than six (6) units, there
shall be three (3) trustees, and RAYMOND H. DECKER and
MARILYN L. DECKER (or their grantee, as aforesaid) shall
be entitled to designate such Trustees. If and whenever
the number.of such Trustees shall become less than three
(3), or less than the number of Trustees last determined
as aforesaid, a vacancy or vacancies in said office shall
be deemed to exist. Each such vacancy shall be filled by
inetrument in writing setting forth: (a) the appointment
of a natural person to act as such Trustee, signed (i) by
Unit Owners entitled to not less than fifty-one percent
(51%) of the beneficial interest hereunder, or (ii) if
Unit Owners entitled to such percentage have not within
thirty (30) days after the occurrence of any such vacancy
made such appointment by majority vote of the then remain-
ing trustees, or by the sole remaining trustee if only one,
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and (b) the acceptance of such appointment signed
and acknowledged by the person so appointed. Such
appointment shall become effective upon the record-
ing with Barnstable County Registry of peeds of a
certificate of such appointment signed by a majority
of the then remaining Trustees or Trust a, if any
there be still in office or by Unit Owners h,3lding at
least fifty-one percent (51%) of each beneficial interest
if there be no such trustees, together with such accept-
ance, and such person shall then be and become such
Trustee and shall be vested with the title to the trust
property jointly with the remaining, or surviving Trustees
or Trustee without the necessity of any act of transfer or
conveyance. If for any reason any vacancy in the office
of Truatee shall continue for more than thirty (30) days
and if such vacancy shall not be filled in the manner
above provided, a Trustee or Trustees to fill ouch vacancy
or vacancies may be appointed by a Court of competent
jurisdiction upon the a lication of any Unit Owner or
Trustee and notice to all Unit Owners and Trustees and to
such ocher, if any, parties in interest to whom the Court
may direct that notice be given. The foregoing provisions
of this Section to the contrary notwithstanding, despite
any vacancy in the office of Trustee, however caused and
for whatever duration, the remaining or surviving Trustees,
subject to the provisions of the immediately following
Section, shall continue to exercise and discharge all of
the powers, discretions and duties hereby conferred or im-
posed upon the Trustees.
Section 3.2. In any matters relating to the administra-
tion othe trust hereunder and the exercise of the powers
hereby conferred, the Trustees may act by majority votes
at any duly called meeting at which a qquorum is present,
as provided in paragraph A of Section 5 8, of Article V;
provided, however, that in no event shall a majority con-
sist of less than two (2) Truetees hereunder and, if and
whenever the number of Trustees hereunder shall become less
than two (2), the then remaining Trustee, if any, shall
have no power or authority whatsoever to act with respect
to the administration of the trust hereunder or to exercise
any of the powers hereby conferred except as provided in
Section 3.1. of Article III. The Trustees may also act
without a meeting by instrument signed by a majority of
their number.
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Section 3.3. Any Trustee may resign at any time by
natr`ument in writing, sighed and acknowledged in the
manner required in Massachusetts for the acknowledg-
ment of deeds and such resignation shall take effect
upon the recording of such instrument with said Registry
of Deeds. After reasonable notice and opportunity to be
heard before the Trustees, a Trustee may be removed from
office with or without cause by an instrument in writing
signed by Unit Owners entitled to not less than fifty-one
percent (51%) of the beneficial interest, such instrument
to take effect upon the recording thereof with Barnstable
Registry of Deeds.
Section 3.4. No Trustee named or appointed as herein-
before`ided, whether as original Trustee or as
successor to or as substitute for another, shall be
obliged to give any bond or surety or other security for
the performance of any of his duties hereunder, provided
however that Unit Owners entitled to not less than fifty-
one percent (51%) of the beneficial interest hereunder may
at any time by instrument in writing signed by them and
delivered to the Trustee or Trustees affected required that
any one or more of the Truateea shall give bond in such
amount and with such sureties as shall be specified in such
instrument. All expenses incident to any ouch bond shall
be charged as a common expense of the CONDOMINIUM.
Section 3.5. Each Trustee shall be entitled to such
reasonable for his services and also additional
reasonable remuneration for extraordinary or unusual ser-
vices, legal or otherwise, rendered by him in connection
with the trusts hereof, all as shall be from time to time
fixed and determined by vote of the Unit Owners entitled to
not less than fifty-one percent (51%) of the beneficial
interest, and such remuneration shall be a common expense
of the CONDOMINIUM.
Section 3.6. No Trustee hareinbefore named or appointed
as ereiTfore provided shall, under any circumstances
or in any event, be held liable or accountable out of his
personal assets or be deprived of compensation by reason
of any action taken, suffered or omitted in good faith or
be so liable or accountable for more money or other property
than he actually receives, or for allowing one or more of
the other Trustees to have possession of the Trust books or
property, or be so liable, accountable or deprived by reason
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of honest errors of judgment or mistakes or fact or
law or by reason of the existence of any personal or
adverse interest or by reason of anything except his
own personal wilful malfeasance and defaults.
Section 3.7. No Trustee shall be disqualified by his
office ee fro m contracting or dealing with the Trustees
or with one or more unit Owners (whether directly or
indirectly because of his interest individually or the
Trustees' interest or any Unit Owner's interest in any
corporation, firm, trust or other organization con-
nected with such contracting or dealing or because of
any other reason), as vendor, purchaser or otherwise,
nor shall any such dealing, contract or arrangement
entered into in respect of this trust in which any +
Trustee shall be in any way interested be avoided nor
shall any Trustee so dealing or contracting or being so
interested be liable to account for any profit realized
by any such dealing, contract or arrangement by reason of
such trustee's holding office or of the fiduciary role-
tion hereby established, rovided the Trustee shall act
in good faith and shall disclose the nature of his interest
before the dealing, contract or arrangement is entered into.
Section 3.8. The Trustees and each of them shall be
ant' rt— e-T —to indemnity both out of the trust property and
by the Unit Owners against any liability incurred by them
or any of them in the execution hereof, including without ,
limiting the generality of the foregoing liabilities in
contract and in tort and liabilities for damages, enal-
ties and fines. Each Unit Owner shall be personally liable
for all sums lawfully assessed for his share of the common
expenses of the CONDOMINIUM and for his proportionate share
of any claims involving the trust property in excess there-
of, all as provided in Sections 6 and 13 of said Chapter 183A.
Nothing in this paragraph contained shall be deemed, however,
to limit in any respect the powers granted to the Trustee in
this instrument.
ARTICLE IV
Beneficiaries and the Beneficial Interest
n t e rust
Section 4.1. The cestuie qua trustent shall be the Unit
owners o the PILGRIM ACRES VILLAGE CONDOMINIUM at
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Yarmouth. The beneficial interest in the trust here-
under shall be divided among the Unit Owners in the
percentages of undivided beneficial interest apertain-
ing to the Units of the CONDOMINIUM as follows:
Unit Percentaxe Interest
1
3.372
2
3.372
3
4.856
4
4.856
5
3.372
6
3.372
7
4.856
8
4.856
9
3.372
10
3.372
11
4.856
12
3.372
13
5.491
14
5.915
15
6.126
16
2.947
17
3.583
18
4.220
19
3.593
20
4.220
21
3.583
22
4.220
23
4.432
24
3.796
Section 4.2. The beneficial interest of each Unit of
the .'oADWHIUM shall be held and exercised as a Unit
and shall not be divided among several owners of any such
Unit. To that and, whenever any of said Units is owned
of record by more than one person, the several owners of
each Unit shall:
(a) detesuchrmine and owners shallibeaauthorized and
te which one £
entitled to cast votes, execute instru-
ments and otherwise exercise the rights
appertaining to such unit hereunder, and
(b) notify the Trustees of such designation
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notice in writing signed by all of
the record owners of such Unit.
Any such designation shall take effect upon receipt
by the Trustees and may be changed at any time and
from time to time by notice as aforesaid. In the absence
of any ouch notice of designation, the Trustees may desig-
nate any one such owner for such purposes.
ARTICLE V
By-laws
The Provisions of this Article V shall constitute the
8y-laws of this Trust and the organization of Unit Owners
established hereby, to wit:
Section 5.1. Powers of the Trustees
The Trustees shall, subject to and in accordance with
all applicable provisions of said Chapter 183A, have
the absolute control, management and disposition of the
trust pproperty (which term as herein used shall insofar
ae applicable be deemed to include the common areas and
facilities of the CONDOMINIUM as if they were the absolute
owners thereof, free from the control of the Unit Owners
(except as limited in this trust instrument) and, without
by the following enumeration limiting the generality of the
foregoing or of any item in the enumeration, with full
power and uncontrolled discretion, subject only to the
limitations and conditions herein and in the provisions of
said Chapter 183A, at any time and from time to time and
without the necessity of applying to any court for leave
so to do:
(i) To retain the trust property, or any part
or parts thereof, in the same form or
forms of investment in which received or
acquired by them so far and so long as they
shall think fit, without liability for any
lose resulting therefrom.
(ii) To sell, assign, coney, transfer, change
and otherwise deal with or dispose of, the
trust property, but not the whole thereof,
free and discharged of any and all trusts,
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at public or private sale, to any person
or persons, for cash or on credit, and in
such manner, on such restrictions, stipula-
tions, agreements and reservations as they
shall deem proper, including the power to
take back mortgages to secure the whole or
any part of the purchase price of any of the
trust property sold or transferred by them,
and to execute and deliver any deed or other
instrument in connection with the foregoing;
(iii) To purchase or otherwise acquire title to,
and to rent, lease or hire from others for
terms which may extend beyond the termina-
tion of this trust and property or rights to
property, real or personal, and to own,
manage, use and hold such property and such
rights;
(iv) To -borrow or in any other manner raise such
sum or gums of money or other property as
they shall deem advisable in any manner and
on any terms, and to evidence the same by
notes, bonds, securities or other evidences
of indebtedness, which may mature at a time
or times, even bgrond the possible duration of
this trust and to execute and deliver any
mortgage, pledge or other instrument to secure
any such borrowings.
(v) To enter into any arrangement for the use or
occupation of the trust property, or any part
or parts thereof, including, without limiting
the generality of the foregoing, leases, sub-
leases, easements, licenses or concessions,
upon such terms and conditions and with such
etipulatione $nnd agreementa as they shall deem
desirable, even if the same extend beyond the
possible duration of this trust;
(vi) To invest and reinvest the trust property, or
any part or parts thereof and from time to time
and as often as they shall see fit to change
investments, including power to invest in all
types of securities and other property, of
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whatsoever nature and however denomindad,
all to such extent as to them shall seem
proper, and without liability for lose, even
though such property or such investments
shall be of a character or in an amount not
customarily considered proper for the invest-
ment of trust funds or which does or does not
produce income;
(vii) To incur such liabilities, obligations and
expenses, and to pay from the principal or
the income of the trust property in their
hands all such sums as they shall deem necessary
or proper for the furtherance of the purposes of
the trust,
(viii) To determine whether receipt by them con-
stitutes principal or income or surplus and
to allocate between principal and income and
to designate as capital or surplus any of the
funds or the trust;
(ix) To vote in such manner as they shall think
fit any or all shares in any corporation or
trust which shall be held as trust property,
and for that purpose to give proxies to any
person or persons or to one or more of their
number, to vote, waive any notice or other-
wise act in respect of any such shares;
(x) To deposit any funds of the trust in any bank
or trust company, and to delegate to any one
or more of their number, or to any other person
or persons, the power to deposit, withdraw and
draw checks on any funds of the trust;
(xi) To maintain such offices and other places of
business as they shall deem necessary or
proper and to engage in business in Massachusetts
or elsewhere;
(xii) to employ, appoint and remove such agents,
manager, officers, board of managers, brokers,
engineers, architects, amploysea, servant&,
assistants and counsel (which counsel may be
a firm of which one or more of the Trustee& are
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members) as they shall deem proper for
the purchase, sale or management of the
trust property, or any part or parts
thereof, or for conducting the business
of the trust, and may define their
respective duties and fix and pap their
compensation, and the Trustees shall not
be answerable for the acts and defaults of
any such person. The Trustees may delegate
to any such agent, manager, officer, board,
broker, engineer, architect, employee,
servant, assistant or counsel any or all of
their powers (including discretionary powers,
except that the power to join in amending,
altering adding to, terminating or charging
thia Declaration of Trust and the trust hereby
created shall not be delegated) all for such
times and purposes as they shall deem proper.
Without hereby limiting the generality of the
foregoing, the Trustees may designate from
their number a Chairman, a Treasurer, a Secre-
tary and such other officers as they deem fit.
and may from time to time designate one or more
of their own number to be the Managing Trustee
or Managing Trustees, for the management and
administration of the trust property and the
business of the trust, or any part or parts
thereof; and
(xiii) Generally, in all matters not herein other-
wise specified, to control, do each and every
thing necessary, suitable, convenient or
paper for the accomplishment of any of the
purposes of the trust or incidental to the
powers herein or in said Chapter 183A, to manage
and dispose of the trust property as if the
Trustees were the absolute ownere thereof and to
do any and all acts, including the execution of
any instruments, which by their performance there-
of shall be shown to be in their judgment for the
best interest of the Unit Owners.
Section 5.2. Maintenance and Repair of Units
The Unit Owners shall be responsible for the proper main-
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tenance and repair of their respective Units, as
defined in the Master Deed. If the Trustees shall at any
time in their reasonable judgment determine that the
interior of a Unit is in such need of maintenance or
repair that the market value of one or more other Units
is being adversely affected or that the condition of a Unit
or any fixtures, furnishings, facility or equipment there-
in is hazardous to any Unit or the occupants thereof, the
Trustees shall, in writing, request the Unit Owner to per-
form the needed maintenance, repair or replacement or to
correct the hazardous condition, and in case such work shall
not have been commenced within fifteen (15) days (or such
reasonable shorter period in case of emergency as the
Trustees shall determine) of such request and thereafter
diligently brought to completion, the Trustees shall be
entitled to have the work pperformed for the account of such
Unit Owners whose Unit is in need of work and to enter upon
and have access to such Unit for the purpose, and the coat
of such work as is reasonably necessary therefor shall con-
stitute a lien upon such Unit and the Unit Owner thereof
shall be personally liable therefor.
Section 5.3 Maintenance, Re air and Replacement of Common
Areas and Facilities and Assessment of Common
Expenses Thereof
The Trustees shall be reopaudble for the proper mainten-
ance, repair and replacement of the common areas and
facilities of the CONDOMINIUM (see Section 5.5 for specific
provisions dealing with repairs and replacement necaesi-
tated because of casualty loos) and such may be done through
the Managing Agent, as hereinafter provided, and any two
trustees or the Managing Agent, or any others who may be so
designated by the Trustee:, may approve payment of vouchers
for such work, and the expenses of such maintenance, repair
and replacement shall be assessed to the Unit Owners. as
common expenses of the CONDOMINIUM at such time:, and in
such amounts as provided in Section 5.4.
Section 5.44 Common Expenses, Profits and Funds
A. The unit and entitle ders shall bcommone liable for
to common profits of theNDOMINIUM in
proportion to their respective percentages of bene-
ficial interest as determined in Article IV hereof.
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The Trustees may at an time or times distribute
he
common profits among tUnit Owners in such pro-
portions. The Trustees may. to such extent as theyy
deem advisable, set aside common funds of the CONDO-
NINIUM as reserve or contingent funds, and may use
the funds so set aside for reduction of indebted-
neas or other lawful capital purpose, or subject
to the provisions of the following paragraphs B. and
C. of this Section 5.4, for repair, rebuilding or
restoration of the trust property or for improve-
ment thereto, and the funds so set aside shall not be
deemed to be common profits available for distribution.
B. At least thirty (30) days prior to the commencement
of each fiscal year of this trust the Trustees shall
estimate the common expenses expected to be incurred
during such fiscal year, together with a reasonable
provision for contingencies and reserves, and after
taking into account any undistributed common profits
from prior years, shall determine the assessment to be
made for such fiscal year. The Trustees shall promptly
render statements to the Unit Owners for their respect-
ive shares of such assessment, according to their pper-
centages of interest in the common areas and facilities
and such statements shall, unless otherwise provided
therein, be due and payable within thirty (30) days
after the same are rendered, In the event that the
Trustees shall make a supplemental assessment or assess-
ments and render statements therefor in the manner afore-
said, and such statements shall be payable axed take
effect as aforesaid. The Trustees may, in their dis-
cretion, provide for payments of statements in monthly
or other installments. The amount of each such state-
ment shall be a personal liability of the Unit Owner
and if not paid whop due shall carry a late charge at a
rate equal to the prime interest rate in affect at the
First National Bank of Boston, Boston (Suffolk County),
Massachusetts, at the time such payments were due and
shall constitute a lien on the Unit of the Unit Owner
assessed, pursuant to provisions of Section 6 of said
Chapter 183A.
C. No Unit owner shall file an application for abatement
of real estate taxes without the approval of the
Trustees.
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D. The Trustees shall expend common funds only for
common expenses and lawful purposes permitted
hereby and by provisions of said Chapter 183A.
Section 5_5, Rebuilding and Restoration, Improvements
the
A Jhthe ontainingtthe Units of any oas ass rresult eofofirs orBuildings
other
caouLty, the Trustees shall proceed with the
necessary repairs, rebuilding or restoration
(including any damaged units and any kitchen or
bathroom fixtures installed therein prior to the
recordingg of the master deed, but not including any
wall, cefling or floor decorations or coverings or
other flooring, carpeting, drapes, wallcoverings.
fixtures, furniture, furnishings or other personal
property supplied to or installed by Unit Owners)
provided such casualty loss does not exceed ten
percent (10%) of the value of the CONDOMINIUM prior
to the casualty, all in the manner provided in ?of (a) c€ Section 17 of said Chapter 183A. I£
such lose does exceed ten percent (10%) of the value
nthe Trustees
of the CONDOMINIUM prior to the caaalty,
shall forthwith submit to all Unit Owners:
(a) a form of agreement (which may be in several
counterpartthe Trustee s)toyproceed the iwith the necessary
t oers ng
repair, rebuilding or restoration, and
(b) a copy of the provisions of said Section 17;
and the Trustees shall thereafter proceed in
accordance with. and take such further action
as they may in their discretion deem advis-
able in order to implement the pprovisions of
paragraph (b) of said Section l7.
B. If and whenever the Trustees shall propose to make
any improvement to the common areas and facilities
of the CONDOMINIUM, or shall be requested in writ-
ing by twenty-five percent (25%) of the Unit Owners
to make any such improvement, the Trustees shall
submit to all Unit Owners:
(a) a form of agreement. (which may be in several
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counterparts) specifying the improvement
or improvements proposed to be made and
the estimated cost thereof, and authoriz-
ing the Trustees to proceed to make the
same, and
3A.
(b) d ChOf apter18the rovisions of Section 18 of
said
Upon (a) the receipt by the Trustees of such agree-
ment signed by seventy-five percent (75%) of the
Unit owners, or (b) the expiration of ninety (90)
days after such agreement was first submitted to
the Unit Owners, whichever of said (a) and (b) shall
first occi4r, the Trustees shall notify all unit
owners of the aggregate percentage of Unit Owners who
have then signed ouch agreement. If such percentage
exceeds seventy-five percent (75%). the Trustees
shall proceed to make the improvement or improvements
specified in such agreement and, in accordance with
said Section 18 of Chapter 183A, shall charge the cost
of improvement to all the Unit Owners. The agreement
so circulated may also provide for separate agreement
(907L),
by the flit Owners that f more than fifty percent
but less than seventy-five percent (75%), of the Unit
owners so consent. the Trustees shall proceed to make
such improvements or improvement and shall charge the
same to the Unit owners so consenting.
C. Notwithstanding anything in the preceding paragraph A.
and B. contained,
(a) in the event that any Unit Owner or Owners
shall by notice in writing to the Trustees
dissent from any determination of the Trustees
with respect to the value of the CONDOMINIUM or
any other determination or action of the Trustees
under this Section 5.5., and such disputeshall
such
not be resolved within thirty (30) y
s
notice, then either the Trustees or the dissenting
unit Owner or Owners may submit the matter to
arbitration, and for that purpose one arbitrator
shall be designated by the Trustees, one shall be
designated by the dissenting Unit Owner or Owners,
and a third shall be designated by the two
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arbitrators so designated, and such
arbitration shall be conducted in accord-
ance with the rules and procedures of the
American Arbitration Association, and
(b) the Trustees shall not, in any event, be
obligated to proceed with any repair, re-
building or restoration, or any improve-
ment, unless and until they have received funds
in an amount equal to the estimate of the
Trustees of all costs thereof.
Section 5.6. Rules, Regulations, Restrictions and
Requirements
The Trustees may, at any time and from time to time, adopt
amend and reacind administrative rules and regulations
governing the details of the operation and use of the
common areas and facilities and such restrictions on and
requirements respecting the use and maintenance of the Hits
and the use of the common areas and facilities as are con-
sistent with provisions of the Master Deed and are designated
to prevent unreasonable tterference with the use by the Unit
.Owners of their Units and the common areas and facilities.
Section 5.7. Insurance
The Trustees shall obtain and maintain, to the extent
available, master policies of insurance of the following
kinds, naming the trust, the Trustees, all of the Unit
Owners and their mortgagees as insured as their interests
appear;
A. Casualty or physical damage insurance on the Build-
inga and all other insurable improvements forming
parts of the CONDOMINIUM (including all of the Units
but not including the furniture, furnishings and
other personal property of the Unit owners therein),
together with the service machinery, apparatus, equip-
ment and installations located in the CONDOMINIUM,
and existing for the provision of central services or
for common use, in an amount not less than one
hundred percent (100%) of their full replacement value
i (exclusive of foundations) as determined by tha Trustees
j in their judgment, against.
S
M MS PACE 2W
(1) loss or damage by fire and other hazards
covered by the standard extended coverage
endorsement, together with coverage for
the payment of common expenses with respect
to damaged Units during the period of recon-
struction, and
(2) such other hazards and risks as the Trustees
from time to time in their discretion shall
determine to be appropriate, including but
not limited to vandalism, malicious mischief,
windstgrms and water damage, boiler and
machinery explosion or damage and plate glass
damage.
All oliciee of casu�ity or physical damage insurance
shall provide:
(1) stgntiallypmodified wies ithoutnot batcanceled
tan(IO)
days' prior written notice to all of the
insureds, including each Unit mortgagee, and
f shall
(2) that the forcnonpage yyme teofopremiumsnot be termi-
nated
without twenty
including all of the insureds,
eachUnitMortgagee.
there-
of, oer with proof of payment of
iethuch surance and 1premiums, shall
be delivered by the Trustees to all Unit Owners and
their pnortga eee upon request, at least ten (10) days
prior to their expiration of the then current policies.
B. Comprehensive public liability insurance in such
amounts and forms as shall be determined by the
Trustees covering the trust, the Trustees, all of the
Unit owners CONOOMINIUM,ith limitsof not
awymanager
than
ng t of
limit of $1,000,000 for claims for bodily injury or
property damage arising out of one occurrence and a
I
of $10O,000 for each occurrence for water damage
togcoveraliabi0yl,itydofith anycross insuredliability
toother
lyinsureds.endorsement
- 16 -
i
660K 2516 wf 281
C. workmen's compensation and employer's liability
insurance covering any employees of the Trust.
D. Such other insurance as the Trustees shall determine
td be appropriate, including insurance for any art
collection loaned to the CONDOMINIUM for display
therein.
Such master policies :hall provide that all
casualty loss proceed: thereunder shall be paid to
the Trustees as insurance trustees under these By-
laws. The sole duty of the Trustees as the insur-
ance trustees shall be to hold, use and disburse
any amounts so paid for the purposes stated in this
Section and Section 5.5. If repair or restoration
of the damaged portion of the CONDOMINIUM is to be
grade, all insurance lose proceeds shall be held in
shares for the Trust and the Unit Owners of damaged
Units in proportion to the respective costs of repair
or restoration of the damaged portions of the common
areas and facilities and of each damaged Unit, respect-
ively, with each share to be disbursed to defray the
respective coats of repair or restoration of the
damaged common areas and facilities and damaged Units,
and with any excess of any such :hare of proceeds above
such costs of repair or restoration to be paid to the
Trust or Unit Owner, as the case may be. If, pursuant
to Section 5.5., restoration or repair is not to be
made, all insurance loss proceeds shall be held as com-
mon funds of the 'Trust and applied for the benefit of
Unit Owners in proportion to their percentage interest
as listed in Section 5.1.if the CONDOMINIUM is totally
destroyed and, in the event of a partial destruction,
to those Unit Owners who have suffered damage in
proportion to the damage suffered by them. Such applica-
tion for the benefit of Unit Owners shall include pay-
ment directly to a Unit Owner's mortgagee if the mortgagge
with respect to such Unit so requires. Such master poli-
ciee shall contain:
(1) waivers of subrogation as to any claims against
the Trust, the Trustees and their agents and
employees, and against the Unit Owners and their
respective employees, agents and guests,
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ma 2516 rut 202
(2) waivers of any defense based an the conduct
of any insured, and
(3) provisions to the effect that the insurer
shall not be entitled to contribution as
against casualty insurance which may be pur-
chased by individual Unit Owner as herein-
after permitted.
Each Unit Owner or hill mortgagee may obtain addi-
tional insurance at his own expense, provided
that all such insurance shall contain provisions
similar to those required to be contained in the
Trust's master policies waiving the insurer's
rights to subrogation and contribution. If the
proceeds from the master policies on account of an
casualty loam are reduced due to the proration with
insurance individually purchased byy a Unit Owner,
such Unit Owner agrees to assign tha proceeds to
such individual insurance, to the extent of the amount
of such reduction, to the Trustees to be distributed
as herein provided. Each Unit Owner shall promptly
notify the Trustees of all improvements made by him
to his Unit, the value of which exceeds $1,000 and
such Unit Owner shall pay to the Trustees as an
addition to his share of the common expenses of the
CONDOHINIUI4 otherwise payable by him any increase in
insurance remium incurred by the Trust which results
from such improvement.
E. The cost of ouch insurance shall be deemed a common
expense aasoissable and payable as provided in
Section 5.4.
Section 5.8. Watings
A. The Trustees shall meet annually on the date of the
annual meeting of the Unit Owners and at such meet-
ing may elect the Chairman, Treasurer, Secretary and
any other officers they deem expedient. Other meet-
ings may be called by any Trustee (if there be no more
than three (3) then in office) or by any two (2)
Trustees (if there by more than three (3) then in
office) and in such other manner as the Trustees may
e6ox 2516 ou 288
establish, provided, however that written
notice of each meeting stating the place, day
and hour thereof shall be given at least
seven (7) days before such meeting to each
Trustee. A majority of the number of Trustees
then in office shall constitute a quorum at all
meetings, and such meetings shall be conducted
in accordance with such rules as the Trustees may
adopt.
9. There shall be an annual meeting of the Unit
owners on the second Und) Saturday in each year
at such reasonable place and time as may be
designated by the Trustees by written notice
given to the Unit owners at least seven (7) days
prior to the date so designated. Special meetings
(including a meeting in lieu of a passed annual
meeting) of the Unit Owners may be called at any
time by the Trustees and shall be called by them
upon the written request of Unit Owners entitled to
more than thirty-three percent (33%) of the bene-
ficial interest hereunder. Written notice of any
such meeting designating the place, day and hour
thereof shall be given by the Trustees to the Unit
Owners at least fourteen (14) days prior to the date
so designated.
Section 5.9. Notices to Unit Owners
Every notice to any Unit owner required under the pro-
visions hereof, or which may be deemed by the Trustees
necessary or desirable in connection with the execution of
the trust created hereby or which may be ordered in any
judicial proceeding she be deemed sufficient and binding
if a written or printed copy of such notice shall be given
by one or more of the Trustees to such Unit Owner by mail-
ing it, postage prepaid, and addressed to such Unit Owner
at his address as it appears upon the records of the
Trustees, if other than at his Unit or by delivery or mail-
ing the same to such Unit, if no address appears, or, if
such Unit appears as the Unit owner's address, in any case,
at least seven (7) days prior to the date fixed for the
happening of the matter, thing or event of which such notice
is given.
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stauc2616 ria 284
Section 5.10. Inspection of Books; Reports to Unit
Owners
Books, accounts and records of the Trustees shall be
open to inspection to any one or more of the Trustees
and Unit Owners at all reasonable times. The Trustees
shall, as soon as reasonably possible after the close of
each fiscal year, submit to the uit Owners a report of
the operations of the Trustees for such year which shall
doom proper. Any person who has been furnished with such
report and shall have failed to object thereto by notice
in writing to the Trustees given by registered mail within
a period of one (1) month of the date of the receipt by
him shall be deemed to have assented thereto.
Section 5.11. Checks, Notes, drafts and other
Instruments
Checks, notes, drafts and other instruments for the pay-
ment of money drawn or endorsed in the names of the
Trustees or of the Trust may be signed b any two Trustees
(or by one Trustee, if there is only one, or by any person
or persons to whom such power may at any time or from time
to time be delegated by not less than a majority of the
Trustees.
Section 5.12. Seal
The seal of the Trustees shall be circular in form, bear-
ing the inscription PILGRIM ACRES VILLAGE CONDOMINIUM
TRUST - 1977, but such seal may be altered by the Trustees
at pleasure, and the Trustees may, at any time or from
time to time, at their option, adopt a common wafer seal
which shall be valid for all purposes or they may sign any
instrument under seal without being required to affix a
formal, common or wafer seal.
Section 5.13. Fiscal Year
The fiscal year of the Trust shall be the year ending with
the last day of December, or such other date as may from
time to time be determined by the Trustees.
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NOV 25i6 285
ARTICLE VI
Ri hts and Obligations of Third Parties
a n w t t o Trustees
Section 6.1. No purchaser, mortgagee, lender or other i
par-'� on deal
with the Trustees as they then appear ;
of record in said Registry of Deeds shall be bound to
ascertain or inquire further as to the persons who are
then Trustees hereunder, or be affected by any notice,
implied or actual, otherwise than by a certificate
thereof and such record or certificate shall be con-
clusive evidence of the personnel of said Trustees and
of any changes therein. The receipts of the Trustees, or
any one or more of them, for moneys or things paid or
delivered to them or him shall be effectual discharges
therefrom to the persons paying or delivering the same
and no person from whom the Trustees, or any one or more
of them. shall receive any money, property, or other
credit shell be required to see to the application there-
of. No purchaser, mortgages, lender or other person deal-
ing with the Trustees or with any real or personal property
which then is to the existence or occurrence of any event
or purpose in or for which a sale, mortgage pledge or
charge is herein authorized or directed, or otherwise as
to the purpose of regularity of any of the acts of the
Trustees, or any one or more of them, purporting to be
done in pursuance of any of the provisions or powers here-
in contained, or as to the regularity of the resignation
or appointment of any Trustee, and any instrument of
appointment of a new Trustee or resignation of an old
Trustee purporting to be executed by the Trustee, Unit
Owners or other persons herein required to execute the
same, shall be conclusive evidence in favor of any such
purchaser or other person dealing with the Trustees of the
matters therein recited relating to such discharge, resig-
nation or appointment or the occasion thereof.
Section 6.2. No recourse shall at any time be had under
or upon any note, bond, contract, order, instrument
certificate, undertaking, obligation, covenant or agree-
ment, whether oral or written, made, issued or executed
by the Trustees or by any agent or employee of the Trustees,
21
moK2s16 Fou ass
or by reason of anything done or omitted to be done
by or on behalf of them or any of them, against the
Trustees individually, or against any such agent or
employee, or against any beneficiary, either directly
or indirectly, by legal or equitable proceedings, or
by virtue of any suit or otherwise, and all persons
extending credit to, contracting with or having any
claim against the Trustees, shall look only to the
trust property for payment under such contract or
claim or for the payment of any debt, damage, judgment
er
or decree, or of any money that may othwise become due
or payable to them from the Trustees so that neither the
Trustees nor the beneficiaries, present or future, shall
be personally'liable therefor; pprovided, however, that
nothing herein contained shall be deemed to limit or
impair the liability of Unit Owners under provisions of
Section 8 of Article III hereof, or under provisions of
Chapter 183A.
Section 6.3. Every note, bond, contract, order, instru-
mennE, certificate, undertaking, obligation, covenant or
agreement, whether oral or written, made issued or
executed by the Trustees, or by any agent or employee
of the Trustees, shall be deemed to have been entered into
the subject to the terms, conditions, provisions and
restrictions hereof, whether or not express reference shall
have been made to this instrument.
Section 6.4. This Declaration of Trust and any Amend-
ments hereto and any certificate herein required to be
recorded and any other certificate or paper signed by said
Trustees or an of them which it may be deemed desirable
to record shall be recorded with said Registry of Deeds
and such record shall be deemed conclusive evidence of the
contents and effectiveness thereof according to the tenor
thereof; and all persons dealing in any manner whatsoever
with the Trustees, the trust property or any beneficiary
thereunder shall be held to have notice of any alteration
of amendment of this Declaration of Trust, or changes of
Trustee or Trustees, when the same shall be recorded with
said Re,;istry of Deeds. Any certificate sioned by two (2)
Trustees in office at the time (only one (1) Trustee if
- 22 -
boor 2Sf6 wi 287
there is only one at the time), setting forth as
facte,any matters affecting the trust, including state-
ments as to who are the beneficiaries, as to what action
has been taken by the beneficiaries, and as to matters
determining the authority of the Trustees to do any act,
when duly acknowledged and recorded with said Registry
of Deeds shall be conclusive evidence as to the existence
of such alleged facts in favor of all third persons, in-
cludingg the Trustees acting in reliance thereon. Any
certificate executed by any Trustee hereunder, or by a
majority of the Trustees hereunder setting forth the
existence of any facts, the existence of which is necessary
to authorize the execution of any instrument or the taking
of any action by such Trustee or majority, as the case may
be, shall, as to all persons acting in good faith in reli-
ance thereon, be conclusive evidence of the truth of the
statements made in such certificate and of the existence of
the factstherein set forth.
ARTICLE VII
Amendments and Termination
Section 7.1. the Trustees, with the consent in writing
per-
cent ofthebeneficialinterest
stoh g
hereunder, together
with the consent in writing (which shall not be unreasonably
withheld) of holders of first mortgages of record on the
Unite of consenting Unit Owners, may at any time and from
time to time amend, alter, add to, or change this Declara-
tion of Trust in any manner or to any extent, the Trustees
first, however, being duly indemnified to their reasonable
satisfaction against outstanding obligations and liabilities;
provided always, however, that no such amendment, alteration
addition or change (a) according to the purport of which the
parcentage of the beneficial interest hereunder of any Unit
Owner would be altered or in any manner to or any extent
whatsoever modified or affected so as to be different from
the percentage of the individuai interest of such Unit
Owner in the common areas and facilities as set forth in
the Master Dead or (b) which would render this trust con-
trary to or incondistent with any requirements or provisions
- 23 -
eta 2516 PAGE 288
of said Chapter 183A, shall be valid or effective. Any
amendment, alteration, addition or change, as :he case
may be, signed, sealed and acknowledged in the manner
required in Massachusetts for the acknowledgment of
deeds, by any two (2) Trustees, if there be at least
two (2) then in office (or one (1) Trustee if there be
only one (1),.setting forth in full the amendment,
alteration, addition or change and reciting the consent
of the Unit Owners and mortgagees herein required to
consent thereto. Such instrument, so executed and
recorded, shall be conclusive evidence of the existence
of all facts and of compliance with all prerequisites
to the validity of such amendment, alteration, addition
or change, whether stated in such instrument or not, upon
all questions as to title or affecting the rights of third
persons and for all purposes.
Section 7.2. The Trust hereby created shall terminate
on y�y�te removal of the PILGRIM ACRES VILLAGE CONDO-
MINIUM at Yarmouth from the provisions of said Chapter 183A
in accordance with the procedure therefor sat forth in
Section 19 of said Chapter.
Section 7.3. Upon the termination of this trust, the
ruetT" toes may, subject to and in accordance with the pro-
visions of said Chapter 183A, sell and convert into money
the whole of the trust property, or any part or parts
thereof, and, after paying or retiring all known liabilities
and obligations of the Trustees and providing for indemnity
against any other outstanding Liabilities and obligations,
shall divide the proceeds thereof among, and distribute in
kind, at valuations made by them which shall be conslusive,
all other property then hold by them in trust hereunder,
to the Unit Owners according to their respective percent-
ages of beneficial interest hereunder. And in making any
sale under this provision the Trustees shall have power to
sell by public auction or private contract and to buy in
or rescind or vary any contract of sale and to resell with-
out being unanswerable for lose and, for said purposes, to
do all things, including the execution and delivery of
instruments, as may be their performance thereof be shown
to be in their judgment necessary or desirable in connection
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i
I
a 2516 wt 289
therewith. The powers of sale and all other powers
herein given to the Trustees shall continue as to all
property at any time remaining in their hands or
ownership, even though all times herein fixed for dis-
tribution of trust property may have passed.
ARTICLE VIII
Construction and Interpretation
In the construction hereof, whether or not so expressed,
words used in the singular or in the plural respectively
include both the plural and singular, words denoting
males, including females, and words denoting persons
include individuals, firms, associations, companies Q oint
stock or otherwise), trusts and corporations unless a con-
trary intention is to be inferred from or required by the
subject matter or context. The cover, title, headings of
different parts hereof, the table of contents and the
marginal notes, if any, are inserted only for convenience
of reference and are not to be taken to be any part here-
of or to control or affect the meaning, constfuction,
interpretation or effect hereof. All the trusts, powers
and provisions herein contained shall take effect and be
'construed accordingg to the laws of the Commonwealth of
Massachusetts. Unless the context otherwise indicates,
words defined in said Chapter 183A shall have the same mean-
ing herein.
k
- 25 -
I
mx 2516 tau 290
IN WITNESS WHEREOF, said KENNETH A. GRADY, HARRY B.
MILLER, JR. and RAYMOND H. DECKER have hereunto set
their hands and seals on the day and year first here-
inabove set forth.
nnet
Grad-y
arry Miller, iv
cI �,
'RAY*OND H. DECKER
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. May 5/,,1977
Then personally appeared the above -named A A#*E -A '* 6-11A D 1/
and acknowledged the foregoing instrument to be RisiAE' free !
act and deed. before me.
otary u c ;, . s,ru„
y a ,
67 My commission expires: 1
007 PP
26 - REOMED MAY 2 6 677