Forest Rd Condo Assoc. Organization & By-Laws1
BOOK5412 ME OOi 84460
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FOREST ROAD CONDOMINIUM ASSOCIATION
OR:-,ANIZATION ANr) BY—LAWS
ARTICLE I
Organization
SECTION 1. Condominium Status -- The premises located at Forest Road,'
Yarmouth, Barnstable County, Massachusetts, more particularly described in the
Master Deed
dated
/ve - �� 1986,
recorded with the Barnstable County]
Registry of
Deeds
herewith (hereinafter
called the "Property"), have been
submitted thereby to the provisions of Chapter 183A, Massachusetts General Laws
Annotated. The Condominium thereby created is kno�%-i as FOREST ROAD
CONDOMINIUM. The Association hereby created is known as FOREST ROAD
CONDIMINIUM ASSOCIATION (hereinafter called the "Association"), and is hereby'
being formed as an unincorporated association of the unit owners in order to
manage and regulate the Condominium, subject to the provisions of Chapter 183A,
and not carry on a business for profit. The Association shall be governed by
and subject to the provisions of the Master Deed and these By-laws, as ame-nded
from time to time.
SECTION 2. Applicability of By-laws -- The provisions of these By-laws .
are applicable to the Property of the Condominium and to the use and occupancy
thereof. All present ani future owners, mortgagees, lessees and occupants of
II units and their employees, and any other persons who may use the facilities of
the Property in any manner are subject to these By-laws, the Master Deed and
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the Rules and Regulations adopted hereunder from time to timoe.
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The acceptance of a deed or conveyance or the entering into of a
lease or the act of occupancy of a unit shall constitute an agreement that
these By-laws, the Rules and Regulations and the provisions of the Master Deed,
as they all may be amended from time to time, are accepted, ratified, and will.
be complied with.
SECTION 3. Office - The initial office of the Association shall be
located at 196 Old Townhouse Road, Yarmouth (South), Barnstable County, Massa-
chusetts, or such other address in Barnstable County as the Board of Managers:
may designate from time to time by written notice to all unit owners.
ARTICLE II
Board of Managers
SECTION 1. Number and Term - The affairs of the Condominium shall be
governed by the Board of Managers. The Board of Managers shall be composed of
three (3) members, except as hereinafter set forth, all of whom shall be
natural persons and each of whom shall be an owner of a unit or an officer or
employee of a business entity that owns a unit.
The initial members of the Board of Managers are set forth below and,
until their successors shall have been elected at a meeting of unit owners held
pursuant to Section 1 of Article III of these By-laws, the Board of tanagers
shall consist of persons designated by the Declarants of the Condominium except
that, as long as the Declarants own three (3) or more units or until June 1,
1987, whichever comes earlier, the Board of Managers at Declarants' option
shall consist of two (2) persons, and those persons shall be RAYMOND C. CHASSE
and EDWARD YOUNIS, or someone else designated by the Declarants.
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Declarants at any time can waive the above paragraph, whereupon elections shall!
be held by meeting of the unit owners under Section 1 of Article II.
SECTION 2. Election and Term of Office -- Except as provided in Section 1
of Article
III,
at the
first meeting of the unit owners
the terms
of office of
members of
the
Board
of Managers shall be fixed at
three (3)
years. The;
Managers' terms shall be staggered so that, insofar as possible, the terms of ;
one-third (1/3) of the Managers shall expire each year, and each Manager shall
hold office until the third annual meeting of the unit owners next succeeding
his election; and each such Manager shall continue in office after any such
annual meeting
until his respective
successor
has
been
duly elected, provided,
however, that
a Board member shall
be deemed
to
have
resigned whenever such
member or business entity such member is associated with sells his unit, or:
such member ceases to be an officer or erq)loyee of a business entity that owns
a unit.
In order to establish and maintain such staggering of to nas, the
terms of the persons first elected as Managers at the first annual meeting of
the unit owners shall be one (1) year, two (2) years and three (3) years,
respectively, determined by lot, and thereafter, upon any increase or decrease
of the number of Managers, the terms of any then newly elected manager or
Managers shall be one (1) year, two (2) years or three (3) years, determined
insofar as necessary by lot, so as to maintain such staggering of terms insofar
as possible.
SECTION 3. Removal of Members of the Board of Managers - At any regular
or special meeting of unit owners, any one or more of the members of the Board :
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of Managers, except those designated by the Declarant pursuant to this Article''
II, may be removed with or without cause by a majority of the unit owners, and
a successor may then and there or thereafter be elected to fill. the vacancy
thus created. Any member of the Board of Managers whose removal has been pro-
posed by the unit owners shall be given an opportunity to be heard at the meet
ing .
SECTION 4. Vacancies - Vacancies in the Board of Managers caused by any
reason other than the removal of a member thereof by a vote of the unit owners
shall be filled by vote of a majority of the remaining members at a special,
meeting of the Board of Managers held for that purpose promptly after the
occurrence of any such vacancy, even though the members present at such meeting;
may constitute less than a quorum, and each person so elected shall be a member`
of the Board of Managers for the remainder of the term of the predecessor
member and until a successor shall be elected at the next annual meeting of the
unit owners.
SECTION 5. Organization Meeting - The first meeting of the members of the
Board of Managers following the annual meeting of the unit owners shall he held
within thirty (30) days thereafter, at such time and place as shall be fixed by
a majority of the members of the Board of Managers.
SECTION 6. Recur Meetiggs. - Regular meetings of the Board of Managers
may be held at such time and place as shall be determined from time to time by
a majority of the members of the Board of Managers. Notice of regular meetings
of the Board of Managers shall be given to each member of the Board of
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Managers, by mail or telegraph, at least seven (7) days prior to the day named 'I
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for such meeting.
SECUON 7. Special Meetings - Special meetings of the Board of Managers
may be called by the President on three (3) business days' notice to each;
member of the Board of Managers, given by mail or telegraph, which notice shall.
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state the time, place and purpose of the meeting. Special meetings of the
Board of Managers shall be called by the President or Secretary in like manner`
on the written request of at least two (2) members of the Board of Managers.
SECTION 8. Waiver of Notice;
Action without
Meeting - Any member of
the?
Board of Managers may at any time
waive notice of
any meeting of the Board
of
Managers in writing, and such waiver shall be deemed equivalent to the giving
of such notice. Attendance by a member of the Board of Managers at any meeting
of the Board shall constitute a waiver of notice by him of the time and place
thereof. if all the members of the Board of Managers are present at any meet-
ing of the Board, no notice shall be required and any business may be trans-
acted at such meeting. Any action required or permitted to be taken at any:
m�--eting of the Board of Managers may be taken without a meeting if all of the
Managers consent to the action in writing an.l the written consents are filed
with the records of the proceedings of the Board. Such consents shall be:
treated for all purposes as a vote at a meeting.
SBCTION 9. Quorum of hoard of Managers - At all. meetings of the Board of
Managers, a majority of the members thereof shall constitute a quorum for the
transaction of business,and the votes of a majority of the members of the Boardj
of Managers present at a meeting at which a quorum is present shall constitute'E
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the decision of the Board of Managers. If at any meeting of the Board of
Managers there shall be less tha1i a quorum present, a majority of those present
may adjourn the meeting from time to tiime. At any such adjourned meeting at
which a quorum is present, any business which might have been transacted at
the meeting originally called may be transacted without further notice.
SECTION 10. Fidelity Bonds - The Board of Managers shall in its
discretion obtain adequate fidelity bonds for all officers and employees of the
Condominium and of the managing agent handling or responsible for Condominium
funds. The premium on such bonds shall constitute a common expense.
SECTION 11. Compensation -- No member of the Board of Managers shall!
receive any compensation f rom the Condominium for acting as such, but shall be
entitled to reimbursement for reasonable out of pocket disbursanents made by!
him in the performance of his duties.
SECTION 12. Liability of the Board Members - The members of the Board of
Managers shall not be liable to the unit owners for any mistake of judgment,
negligence or otherwise, except for their own individual willful misconduct or
bad faith. The unit owners shall indemnify and hold harmless each of the
members of the Board of Managers against all contractual liability to others
arising out of contracts made by the Board of Managers on behalf of the Condo -
minim, unless any such contract shall have been made in bad faith or contrary.
to the provisions of the Master i]eed or of these By-laws. it is intended that
the members of the Board of Managers shall have no personal liability with
respect to any contract made by them on behalf of the Condominium.
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It is also
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intended that the liability of any unit owner arising out of any contract made'
by the Board of Managers or out of the aforesaid indemnity in favor of the
mer.bers of the Board of ?iriagers shall be limited to such proportion of the
total liability thereunder as his interest ioi the common elements bears to the
interests of all of the unit owners in the cannon elements. Every agreement
made by the Board of Managers, or by the managing agent, or by the manager on
behalf of the Condominium shall provide that the members of the Board of
Managers, or the managing agent, or the manager, as the case may be, are acting
only as agent for the unit owners and shall have no personal liability there-
un,ler (except as unit owners), and that each unit owner's liability thereunder
shall be limited to such proportion of the total liability thereunder as his
interest in the cannon elements bears to the interest of all unit owners in the
cannon elements. Any right to indemnification provided for herein shall not l-x-
exclusive of any other rights to which any officer or manager of the Conda)iin-
ium or former officer or manager of the Condominium may be entitled.
SBCTIOW 13. Indemnification of Officers and Board of Managers - The unit
owners shall indemnify every member of the Board of Managers of the CondcminiLIri
against any and all expenses, including counsel fees, reasonably incurred by or
imposed upon any said member in connection with any action, snit or other pro-
ceeding, including the settlement of any such suit or proceeding if approved by
the then Board of Managers of the Condominium, to which he may be made a party
by reason of being or having been a member of the Board of Managers at the time
such expenses are incurred.
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SUCTION 14. - Executive Committee - The Board of [Managers may, by resolu-
tion adopted, appoint an Executive Committee to consist of one (1) or more
members of the Board of mariagers. Such Executive Committee shall have and may
exercise
all
the powers
of
the Board
of Managers
in the management of the
business
and
affairs of
the
Condominium
during the
intervals between t!�e meet-
ings of the Board of Managers insofar as may be pennitted by law, excei,+- that
the Executive Committee shall not have power (a) to determine the common
charges and expenses required for the affairs of the Condominium, (b) to deter-
mine the common charges and expenses of the Condominium, or (c) to adopt or
amend the rules and regulations covering the details of the operation and use
lof the Cannon Elements.
SECTIOii 15. - Managing Agent, Manager or Superintendent -- The Board of
Managers may employ for the Condominium a managing agent and/or a manager at a
ccxnoensation established
by the Board
of Managers,
to perform
such duties
and,
services as the Board of
Managers shall. authorize.
The Board
of Managers
may
delegate to the manager
or managing
agent all of
the powers
granted to
the ,
Board of Managers by these By --laws, except the powers set ford-t
in subsections
(g), (h), (i) and (j) of
Section 16 of
this Article
II.
SECTION 16. Powers
and Duties
- The Board
of Managers
shall have
the
powers and duties necessary fol," the administration of the affairs of the Condo -
minion and may do all such acts and things except as by law or by the Declara-
tion or by these Bylaws may not be delegated to Uie Board of Managers by the
unit owners. Such powers and duties of the Board of Managers shall include,
but shall not be limited to, the following:
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(a) operation, care, upkeep and maintenance of the common areas and;
facilities of the Condominium sometimes referred to herein as cannon elements.
(b) Determination of the common expenses required for the affairs of.
the Condominium, including without limitation the operation and maintenance of
the Property.
(c) Collection of the common charges and expenses from the unit'
owners.
(d) Employment and dismissal of the personnel necessary for the;
maintenance and operation of the comnon elements.
(e) Adoption and amendment of rules and regulations covering the;
details of the operation and use of the Cannon Elements.
(f) opening of bank accounts on behalf of the Condominium and desig-
nating the signatories required therefor.
(g) Purchasing or leasing or otherwise acquiring in the name of the
Board of Managers, or its designee, corporate or otherwise, on behalf of all
unit owners, units offered for sale or lease or surrendered by their owners
to the Board of Managers.
(h) Purchasing of units at foreclosure or other judicial sales in'.
the name of the Board of Managers, or its designee, corporate or otherwise, on
behalf of all unit owners.
(i) Selling, leasing, mortgaging, voting the votes appurtenant to
(other than for the election of members of the Board of Managers), or otherwise
dealing with units acquired by, and subleasing units leased by, the Board of
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Managers, or its designee, corporate or otherwise, on behalf of all unit
owners.
(3) Organizing corporations or unincorporated associations to act as
designees of the Board of Managers in acquiring title to or leasing of units oni
behalf of all unit owners.
I
(k) Obtaining of insurance for the Property, including the units.
(1) Making of repairs, additions and improvements to or alterations]
of the Property and making of
repairs to
and restoration of
the Property,
in
accordance with ChaiA.er 183A,
Section 17, of the Annotated
General Laws
of
Massachusetts, andthe other provisions
of these By-laws,
after damage
or
destruction by fire or other
casualty,
or as a result of
condemnation
or
eminent domain proceedings.
(m) Borrowing money
on behalf
of the Condominium
when required
in
connection with the operation, care, upkeep and maintenance of the cannon ele-
ments, provided, however, that (i) the consent of at least sixty-six and two-
thirds (66 2/3%) percent in number and in common interest of all unit owners,
obtained at a meeting duly called and held for such purpose in accordance with',
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the provisions of these By-laws, shall be required for the borrowing of any sum
in excess of TWO THOUSAND FIVE HUNDRED AND N0/100 ($2,500.00) DOLLARS, and (ii)
no lien to secure repayment of any sun borrowed may be created on any unit or
its appurtenant interest in the cannon elements without the consent of the unit
owner. If any sun borrowed by the Board of Managers on behalf of the Condomin-F
ium pursuant to tlZe authority contained in the paragraph (m) is not repaid by t
the Board, a unit owner who pays to the creditor such proix-)rtion thereof as his
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interest in the common elements bears to the interest of all the unit owners in
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the common elements shall be entitled to obtain from the creditor a release of ,
any judgment or other lien which said creditor shall have filed or shall have
the right to file against the unit owner's unit.
(n) The Board of Managers shall have the power to enforce obliga-
tions of the unit owners, including the power to levy fines against the unit
owners for violations of reasonable rules and regulations established by it to
govern the conduct of the unit owners or the use of the common areas and facil-
ities. Each day a violation continues after notice, it shall be considered a
separate violation. Collection of fines may be enforced against a unit owner
or owners as if the fines were cotmion charges owed by the particular unit owner
or owners. In the case of persistent violation of the rules and regulations,
or default in the obligations of a unit owner, the Board of Managers shall have
the power without prejudice to any other remedy to require such unit owner to
post a bond to secure future compliance with the rules and regulations or
obligations of a unit owner.
(o) Take all other actions the Board deems necessary or proper for;
the sound management of the Condominium.
ARTICLE III
Unit Owners
SECTION 1. Annual Meetings - The first annual meeting shall be held on
July 1st of the calendar year next succeeding the year in which the Condominium
is declared, and thereafter annual meetings of the unit owners shall be held on
tale first day of July of each succeeding year, and, if such day is not a busi-
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ness day, on the next suc(-,-,-Jbij business day. At such meetings, the Board of
Managers shall be elected by ballot of the unit owners in accordance with the
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requirements of Section 2 of Article II of these By-laws, but subject to the
provisions of Section 1 of Article II.
SECTION 2. Place of Meetings - Meetings of the unit owners shall be held!
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at the principal office of the Condominium or at such ot]-ier suitable place con
venient to the unit owners as may be designated by the Board of Managers.
S`-RRC3. Special Meetings -- It shall be the duty of the President to
call a special meeting of the unit owners if so directed by resolution of the
Board of Managers or upon a petition signed and presented to the Secretary by
not less than seven (7) unit owners. The notice of any special meeting shall
state the time and place of such meeting and the purpose thereof. No business
shall he transacted at a special meeting except as stated in the notice.
SECTION 4. Notice of Meetiryjs - It shall be the duty of the Secretary to
mail a notice of each annual or special meeting of the unit owners at least ten;
(10) but not more than twenty (20) days prior to such meeting, statirm, the pur-
pose thereof as well as the tune and place where it is to be held, to each uniti
owner of record, at the building or at such other address as such unit owner
shall have designated by notice in writing to the Secretary. If the purpose
of any meeting shall be to act upon a proix)sed amendment to the Declaration or:
to these By-laws, the notice of meeting shall be mailed at least thirty (30)'
days prior to such meeting. The mailing of a notice of meeting in the manner!
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provided in this Section shall be considered service of notice.
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SECTION 5. Adjournment of Meets - If any meeting of unit owners cannot
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be held because a quorum has not attended, a majority in common interest of the
unit owners who are present at such meeting, either in person or by proxy, may
adjourn the meeting to a time not less than forty-eight (48) hours from the
time the original meeting was called.
SECTION 6. Order of Business - The order of business at all meetings of
the unit owners shall be as follows:
{a) Appointment of temporary secretary.
(b) Roll call.
(c) Proof of notice of meeting.
(d) Reading of minutes of preceding meeting.
(e) Reports of officers.
(f) Report of Board of Managers.
(g) Reports of committees.
(h) Election of members of the Board of Managers (when so
required).
W Old business.
(j) New business.
SECTION 7. Voting - The owner or owners of each unit, or some person,
designated by such owner or owners to act as proxy on his or their behalf ana!
who need not be an owner, shall be entitled to cast the votes appurtenant to
such units at all meetings of unit owners. The designation of any such proxy,
shall be made in writing to the Secretary, and shall be revocable at any time!
by written notice to the Secretary by the owner or owners so designating. Any,
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or all of such owners may be present at any meeting of the unit owners and may
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vote or take any other actions as a unit owner either in person or by proxy.]
The total number of votes of all unit owners shall be eight (8). Each unit
�
owner shall be entitled to cast a vote for each unit owned by said owner equal:
to the interest in the co mon areas and facilities appurtenant to each of said]
,wits. Whenever any unit is owned of record by more than one person, the
several owners of such unit shall (a) determine and designate which one of such
owners shall be authorized and entitled to cast votes, execute instruments and
otherwise exercise the rights appertaining to such unit hereunder, and (b)
notify the Board of Managers of such designation by a notice in writing signed.
by all of the record owners of such unit. In the absence of any such notice of
designation, the Board of Managers may designate any one such owner for such l
purposes. In the case of any unit owned by a business entity, said entitylI
shall appoint a natural person to act as the voting member for said unit. ?I
Any action required or permitted to be taken at a meeting may be!
taken without a meeting if all the unit owners consent to the action in writing
and the written consents are filed with the records of the proceedings of the;
unit owners. Such consents shall be treated for all purposes as a vote at a
meeting .
SBCTION 8. Majority of Unit Owners -- As used in these By-laws, the term
"majority of unit owners" shall mean those unit owners having more than fifty
(50%) percent of the total authorized votes of all unit owners present in
person or by proxy and voting at any meeting of the unit owners, determined in
accordance with the provisions of Section 7 of this Article III.
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sEcPION 9. Quorum
- except
as otherwise provided
in these By-laws, the;
presence in person or by
proxy of
unit owners having not
less than fifty (50W
percent of the total authorized votes of all unit owners shall constitute a
quorum at all meetings of the unit owners.
SECTION 10.
- Majority
Vote
- The vote of a majority of unit owners
at a
meeting at which
a quorum
shall
be present shall be binding upon all
unit
owners for all purposes except where in the Master Deed or these By-laws a'
higher percentage vote is required.
ARTICLE IV
Officers
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SECTION 1. Designation - The principal officers of the Condominium shall
be President,
Vice
President and
Secretary -Treasurer,
all
of whom
shall be
elected by the
Board
of Managers.
The Board of Managers
may
appoint
an assis-
tant treasurer, an assistant secretary, and such other officers as in its judg-
ment may be necessary. The President, Vice President and Secretary -Treasurer,
but no other officers, need to be members of the Board of Managers.
SECTION 2.
Election of Officers - The officers of the Condominium shall
be elected annually by the Board of Managers at the organization meeting of
each new Board of Managers and shall hold office at the pleasure of the Board
of Managers and until their successors are elected.
SECTION 3. Removal of Officers -- Upon the affirmative vote of a majority
�I of the members of the Board of Managers, any officer may be removed, either:
with or without cause, and his successor may be elected at any regular meeting'
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of the Board of Managers, or at any special meeting of the Board of Managers;
called for such purpose.
SECTION 4. President - The President shall be the chief executive officer
of the Condominium. He shall preside at all meetings of the unit owners and
the Board of Managers. He shall have all of the general powers and duties
Which are incident to the office of President of a stock corporation organized
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under the Laws of the Camionwealth of Massachusetts, including, but not limited'
to, the power to appoint catmittees from among the unit owners from time to l
time as he may in his discretion decide is appropriate to assist in the conduct
of the affairs of the Condominium
SDCrION 5. Vice President - The Vice President shall take the place oft
the President and perform his duties whenever the President shall be absent on
unable to act. If neither the President nor the Vice President is able to act,;
the Board of Managers shall appoint some other member of the Board of Managers;
to act in place of the President on an interim basis. The Vice President shall!
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also perform such other duties as shall from time to time be imposed upon him;
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by the Board of Managers or by the President.
SECTION 6. Secretary -Treasurer - The Secretary -Treasurer shall keep the!
minutes of all meetings of the unit owners and the Board of Managers; he shall
have charge of such books and papers as the Board of Managers may direct; and
he shall in general perform all the duties incident to the office of the Secre-
tary or Clerk of a stock corporation organized under the Laws of the Co►mon-
wealth of Massachusetts. The Secretary -Treasurer shall also have the responsi-
bility for Condominium funds and securities and shall be responsible for keep-
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ing full and accurate financial records and books of account showing all
receipts and disbursements, and for the preparation of all required financial
data. He shall be responsible for the deposit of all moneys and other valuable
effects in the name of the Board of Managers, or the managing agent, in such
depositories as may from time to time be designated by the Board of Managers.
SDCTION 7. Agregiments, Contracts, Deeds, Checks, etc. - All agreements,
contracts, deeds, leases, checks and other instruments of the Condominium shall
be executed by any two (2) officers of the Condominium or by such other person
or persons as may be designated by the Board of Managers.
SECTION 8. Compensation of Officers -- No officer shall receive any comr-
pensation from the Condominium for acting as such, unless compensation isi
authorized by a unanimous vote of the Board of Managers.
ADMTM D '17
Operation of the Property
SBCTION 1. Determination of Common Expense and Fixing of Common Charges -1
The Board of Managers shall from time to time, and at least annually, prepare a
budget for the Condominium, determine the amount of the common charges payable
by the unit owners to meet the common expenses of the Condominium, and to allo-j
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Cate and assess such common charges and expenses among the unit owners accord-
ing to their respective common interest. The common expenses shall include,
among other things, the cost of all insurance premiums on all policies of
�I insurance required to be or which have been obtained by the Board of Managers
pursuant to the providions of Section 7 of this Article V and the fees and dis-
bursements of the Insurance Trustee. The common expenses may also include such
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amounts as the Board of Managers may deem proper for the operation and mainten-
f
ance of the Property, including, without limitation, an amount for working
capital of the Condominium fora general operating
P , g pe ng reserve, for a reserve fund
for replacement, and to make up any deficit in the ccnmon expenses for any;
prior year. The common expenses may also include such amounts as may be!,
required for the purchase or lease by the Board of Managers, or its designee,!
corporate or otherwise, on behalf of all unit owners of any unit whose owner'
has elected to sell or lease such unit or of any unit which is to be sold at a
foreclosure or other judicial sale. The Board of Managers shall advise all!
unit owners promptly in writing of the amount of common charges and expenses!
payable by each of them respectively, as determined by the Board of Managers,
as aforesaid, and shall furnish copies of each budget on which said common
charges and expenses are based to all unit owners and, when required, to their)
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mortgagees.
SECTION 2. Payment of Common Charges - All unit owners shall be obligated'
to pay the carmmon charges assessed and fines levied by the Board of Managers
pursuant to the provisions of these Sy -laws at such time or times as the Board'
of Managers shall determine.
SECTION 3. Collection of Assessments - The Board of Managers shall assess,
cation charges against the unit owners from time to time, and at least annual-
ly, and shall take prompt action to collect any common charge or fine due from;
any unit owner which remains unpaid for more than thirty (30) days from the due,
date for payment thereof.
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SECTION 4. Default _in_ Payment of Common Charges; Fines - In the event of 1
default by any unit owner in payment to the Board of Managers the ccxmlon�
charges as determine by, or fines levied by, the Hoard of Managers, such unit;
owner shall be obligated to pay interest at a rate to be determined by the
Board of Managers, not in excess of eighteen (18%) percent per annum, on such
common charges from the due date thereof, together with all expenses, including;
attorney's fees, incurred by the Hoard of Managers in any proceeding brought to',
collect such unpaid common charges. The Board of Managers shall have the right;
'
and duty to attempt to recover such common charges, together with interest;
thereon, and the expenses of the proceeding, including attorney's fees, in an',
action to recover the same brought against such unit owner or by foreclosure of
the lien on such unit.
SECTION 5. Foreclosure of Liens for Unpaid Common Charges - In any action'
brought by the Board of Managers to foreclose a lien on a unit because of
unpaid common charges, the Board of Managers, acting on behalf of all unit'
owners, shall have power to purchase such unit at the foreclosure sale and toy
acquire, hold, lease, mortgage, vote the votes appurtenant to, convey, or;
otherwise deal with the same. A suit to recover a money judgment for unpaid
common charges shall be maintainable without foreclosing or waiving the lien.'
securing the same.
SECTION 6. Statement of Common Charges - The Board of Managers shall':
promptly provide, when requested, a written statement of all unpaid common
charges due from any unit owner.
I
i
- 19 -
5
Boox5412 P!a 020
SECTION 7. Maintenance and Repair of Units - The owners of units shall be
responsible
for
proper maintenance and
repair of their respective units and the:
maintenance
and
repair and replacement
of utility fixtures serving the same,E
including doors and windows. Each unit owner shall be liable for all damages;
to other units and to the common elements caused by him or his failure to per --
form his obligations hereunder.
If the Board of Managers shall at any time in its 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, furnishing, facilities or
equipment therein is hazardous to any unit or the occupants thereof, the Board
of Managers shall in writing request the unit owner to perform the needed main-
tenance, 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 Board of Managers shall;
I
determine) of such request, and thereafter brought to completion, the Board of
Managers shall be entitled to have the work performed for the account of such
unit owner whose unit is in need of work, and to enter upon and have access to
such unit for
that
purpose, and the cost of such work as is
reasonably
neces-
sary therefor
shall
constitute a: lien upon such unit, and the
unit owner
there --
of shall be personally liable therefor.
SECTION 8. Maintenance, Re2it and Replacement of Common Areas and
Facilities and Assessment of Common _ &22nses Thereof - The Board of Managers
shall be -responsible for the proper maintenance, repair and replacement of the
- 20 -
BoOK5412 P GE 021
common areas
and facilities of the Condominium,
and
such may be
done through;
the Managing
Agent as hereinbefore provided for,
and
the expenses
of such main-
tenance, repair and replacement shall be assessed to the unit owners as common;
f
expenses of the Condominiun at such times and in such amounts as. provided in
Section 1 of this Article V, unless necessitated by the negligence, misuse orl
neglect of a unit owner, in which case such expense shall be charged to such;
unit owner.
I
The Board of Managers shall have the obligation to answer any written;
request by a unit owner for approval of a proposed structural addition, altera-
tion or improvement in or to such unit owner's unit within forty-five (45) days
after such request, and failure to do so within the stipulated time shall con-
stitute a consent by the Board of Managers to the proposed addition, alteration
or improvement. Any application to any department of the Town of Fairhaven or
to any other governmental authority for a permit to make an addition, altera
tion or improvement in or to any unit shall be executed by the Board of
Managers only, without, however, incurring any liability on the part of the:
Board of Managers or any of them to any contractor, subcontractor or material
man on account of such addition, alteration or improvement, or to any person
having any claim for injury or damage to property arising therefrom.
SECTION 9. unprovements to Units - No unit owner shall make any interior;
or exterior structural additon, alteration or improvements in or to his unit
without the unanimous approval of the unit owners.
No unit Owner shall make any interior or exterior structural addi-
tion, alteration or improvements in or to his unit without the prior written
I
-- 21 -
BOGK541.2 {,1,E 022
consent thereto of the Board of Managers, nor any other addition, alteration or
improvement in or to his unit without prior written notice to the Board of
Managers of any and all work to be done by him to his unit, the value of which
exceeds ONE THOUSAND AND N01100 ($1,000.00) DOLLARS. Such notice shall state
in reasonable detail the nature of the improvement and the value thereof. Each
unit owner shall, upon request by the Board of Managers, also submit to the
Board of Managers such further information relating to said improvements as the
Board of Massagers shall reasonably require.
SECTION 10. Alteration of Common Elements; Joining of Units - Subject to'I
such reasonable regulations as shall be established by the Board of Managers,
the owner of any two units which shall be separated only by a common element
which is a wall or floor (including a common element which constitutes a floor)
of one of the units and a ceiling of the other) may alter or remove all or
portions of the intervening wall or floor, if the structural integrity of the!
i
building is not thereby affected, and if the finish of the common element then)
remaining is restored to its condition prior to such alteration or removal.
The owner of such adjacent units may install in and attach to such opening or
i
openings in such common element elevators, lifts, tubes and other servicel,
devices, and may remove and retain ownership of the installed equipment. Upon!
i
the termination of the common ownership of such adjacent units, if the inter-
vening wall or floor shall have been altered or removed pursuant to the fore-!
going }provisions, each of the owners of such units shall be obligated tol
restore such intervening wall or floor to substantially the condition in which
the same existed prior to such alterations or removal. Each unit so combined
- 22 -
BODK5412 P!rE 023
shall retain the same votes per unit.
SECTION 11. Additions, Alterations or Improvements by Board - Whenever
any additions, alterations or improvements to the common elements shall be
required b law, the Board of Managers shall make and
� Ypay for the same as a
carmon expense. The Board of Managers shall have no power to make any other l
I
additions, alterations or improvements to (as opposed to maintenance, repairs]
and replacement of) the cammon elements without the unanimous approval of the
unit owners, except that if unit owners, having seventy-five (75%) percent orl
more but less than one hundred (100%) percent of the entire voting interest of!
unit owners, vote to make any such additions, alterations or improvements ofl
the common elements, the owners so voting shall be thereafter assessed accord-1
ing to their relative percentage of the common interest. I
SECTION 12. Insurance
A. The Board of Managers
shall obtain
and maintain, to the
extent
reasonably available, the following
insurance:
Casualty or physical
damage'.
insurance,
naming the Condominium,
the Board
of Managers and all
of
the unit
owners as
the named insureds, with
proceeds
payable to the Board
of
Managers;
for the benefit of the Condominium, the Board of Managers, the unit owners and
their respective mortgagees, as their interest may appear, in an amount equal
to the full replacement value (i.e. one hundred [100%] percent of "replacements
cost" exclusive of land, foundation and excavations) of the Condominium, build-
ings and all other insurable improvements forming part of the Condominium,
including the common areas and facilities, all of the units (but not including
the furniture, furnishings and other personal property of the unit owners
l
23 - i
eoOK5412 P ,)F G24
therein), together with the service machinery, apparatus, equipment and
installations located in the condominium and existing for the provision ofl
central services for common use, without deduction or allowance for deprecia-
tion, such coverage to afford protection against at least all risks of direct!
physical loss or damage from the perils of fire, lightning, windstorm, hail,
explosion, not civil commotion, aircraft, vehicles, water damage, sprinkler,
leakage, if applicable, vandalism, collapse, and such other risks as shall cus-
tomarily be covered with respect to projects similar in construction, location)
and use, including coverage for common expenses with respect to Condominium)
units during any period of repair or reconstrution as the Board of Managers may
from time to time determine.
All policies of insurance shall contain waivers of subrogation by the
insurer as to any and all claims against the Condominium, the Board ofj
i
Managers, the owner of any unit, and their respective employees, agents, guestsi
i
and tenants, and waivers of any defense based on co-insurance or of invalidity
arising from any acts of the insured, and shall provide that such policies mayl
not be cancelled or substantially modified without at least thirty (30) days
prior written notice to all of the insureds, including all mortgagees of units.I
B. The Board of Managers shall receive all casualty loss insurance!
proceeds as are paid to them and shall hold, use and disburse the same for the
purposes and in the manner set forth in this Section and in Article IX, Section
1 hereof. If rebuilding, repair or restoration is to be made pursuant to
Article IX, Section 1, all insurance loss proceeds shall be disbursed to defray
the cost of repair, rebuilding or restoration of the damaged property and the
- 24 -
I
4
BDOK5412 P!;E 025
one or more damaged units. If there are insurance proceeds in excess of the:
i
cost of repairs and restoration, the Board of Managers shall distribute the:
same to each unit owner in the same proportion which the amount of insurance`
premiums paid by the unit owner bears to the aggregate amount of insurance!
premiums for the then outstanding insurance coverage paid by all unit owners,
subject to the right of a unit mortgagee to receive the same.
C. Upon notification
of improvements to
be
made
to a unit,
the!
Board of Managers shall promptly
notify the insurer
of
the
Condominium
and;
increase
the amount
of
coverage on the
aforementioned master policy
by
an
amount at
least equal
to
the replacement
value of the improvements made
by
the;
unit owner. Any increase in insurance premiums resulting from the increase ink
coverage as aforesaid shall be paid by the unit owner as an addition to his"
i
share of the common expenses of the Condominium.
D. The Board of Managers shall also obtain and maintain to the
extent reasonably available master policies of insurance of the following
kinds, naming the Condominium, the Board of Managers, and the unit owners as
named insureds: (1) Comprehensive public liability insurance in such amounts
and forms as shall be determined by the Board of Managers with no less than a
single limit of ONE MILLION AND NO1100 ($1,000,000.00) DOLLS for claims for
bodily injury or property damage arising out of one occurrence and with cross
liability (severability of interest) endorsement to cover liability of any
insured to other insureds, including, but not limited to, water damage, legal;
liability, hired and non -owned automobile, liability for property of others,'
i
contractual., and any and all other liability incident to the ownership and/or
25
q
b ox5412 KE 026
use of the Condominium project or any portion thereof; and ( 2 ) workmen's com-
pensation and employees' liability insurance covering any manager, agent or
employee of the Board of Managers, but excluding any independent agent or
manager; and (3) a "Legal Expense Indemnity Endorsement", or its equivalent,)
affording protection for the officers and directors of the Condominim for:
E
expenses and fees incurred by any of them in defending any suit or settling anyj
claim, judgment or cause of action to which any such officer or director shall
have been made a party by reason or his or her services as such; and (4) such
other insurance as the Board of Managers deem appropriate.
E. Limitations - Any insurance obtained pursuant to the require-
ments of this Article shall to the extent reasonably available be subject to
the following provisions:
(1) Exclusive authority to negotiate losses under said policies!
I
shall be vested in the Board of Managers;
(2) In no event shall the insurance coverage obtained and main7-1
tained pursuant to the requirements of this Article be brought into contribu-'
tion with insurance purchased by
the owners
of the Condominium
units or
their!
mortgagees,
as herein permitted,
and any "no
other insurance" or
similar
clause!
in any policy obtained by the Condominium pursuant to the requirements of this'
Article shall exclude such policies from consideration;
(3) Such policies shall contain no provisions relieving the
insurer from liability because of loss occurring while the hazard is increased
in the building, whether or not within the control or knowledge of the Board ofl
I
Managers, and shall contain no provisions relieving the insurer from liability!
i
i
I
-- 26
BOOK5412 mE 027
by reason of any breach of warranty or condition caused by the Board of
Managers or any owner of any Condominium unit, and/or their respective agents,
employees, tenants, mortgagees or invitees, or by reason of any act of neglect
or negligence on the part of any of them;
(4) The public liability insurance maintained by the Board of
Managers shall cover and indemnify the Association, each member and officer of
the Board, the managing agent or the manager, if any, and each unit owner
against liability for all tort claims arising out of the Property, including
the units and common elements, and cover cross liability claims of each insured
against each other insured.
F. Individual Policies and Recommendation - The owner of any Condo-
minium unit (including the holder of any mortgage thereon) may obtain addi-
tional insurance at his own expense and for his own benefit, provided such',
insurance shall contain the waivers of subrogation of claims against the Condo-
minium Association, Board of Managers, the officers of the Association, and all;
other unit owners.
F
SI]CTION 13. Abatement and Enjoinment of Violation by Unit owners - The
violation of any rule or regulation adopted by
the Board
of Managers, or
the
breach of any By-law contained herein, or the breach of any provision of
the
Declaration, shall give the Board of Managers
the right,
in addition to
any
other rights set forth in these By --laws: (a) to
enter the
unit in which, or
as
to which, such violation or breach exists and to
summarily
abate and remove,
at
the expense of the defaulting unit owner, any structure, thing or condition
that may exist therein contrary to the intent and meaning of the provisions'
I
- 27 -
I
BOOK5412 P!F 028
hereof, and the Board of Managers shall not thereby be deemed guilty in any
manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal pro-
ceedings the continuance of any such breach.
SECTION 14. Restrictions of Use of Units - In order to provide for con-
genial occupancy of the Property and for the protection of the values of the
units, the use of the Property shall be restricted to and shall be in accor-
dance with the following provisions:
A. The common elements shall be used only for the furnishing of the
services and facilities for which they are reasonably suited and which are
incident to the use and occupancy of units;
B. No nuisances shall be allowed on the Property nor shall any usej
or practice be allowed which is a source of annoyance to occupants or which
interferes with the peaceful possession or proper use of the Property by its!
occupants;
C. No immoral, improper, offensive, or unlawful use shall be made
of the Property 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 orl
any governmental agency having jurisdiction thereof, relating to any portion ofl
the Property, shall be complied with, by and at the sole expense of the unit!
owners or the Board of Managers, whichever shall have the obligation to main-
tain and repair such portion of the Property. I
SECTION 15. Use of Common Elements and Facilities - A unit owner shall
not place or cause to be placed in the public passages, stairways, or other;
28 -
BM5412 HSE 029
common areas or cocoon facilities, other than the areas designated as storage
areas, any furniture, packages or impeding objects of any kind. The public]
passages and stairways shall be used for no purpose other than for normal
transit through them.
i
SECTION 16. Maintenance and Repair of units - The unit owners shall be
responsible for the proper maintenance and repair of their respective units and;
the maintenance, repair and replacement of utility fixtures therein serving the'
same, including, without limitation, interior finish walls, ceilings and;
floors, windows and interior window trim, doors, door frames and interior doom
I
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, electric power and light, telephone and any other
i
utility services which are contained in and serve such unit. If the Board of',
Managers shall at any time in their reasonable judgment determine that the
interior
of
any 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
condi-
tion of a unit or fixture, furnishings, facility or equiFment therein is.
hazardous to any unit or the occupants thereof, the Board of Managers shall in,
4
1
writing request the unit owner to perform 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 Board of Managers shall determine) of such
request and thereafter diligently brought to completion, the Board of Managers!
i
shall be entitled to have the work performed for the account of such unit owner
i
I
29 -
QooK54120,,E 030
and to enter upon and have access to such unit for that purpose. The reason-
able cost of such work shall constitute a lien upon such unit and the unit
owner shall be personally liable therefor.
Repair of uninsured casualty loss or damage to units caused by events
in or condition of common areas and facilities may, in the Board of Managers`
sole discretion, but need not, be paid from common funds.
SBCTION 17. Right to Access -- A unit owner shall grant a right of access
to his unit to the manager and/or the managing agent, the superintendent and/or,
any other persons authorized by the Board of Managers, the manager or the
managing agent, for the purpose of making inspections or for the purpose of
correcting any condition originating in his unit and threatening another unit
or a common element, or for the purpose of performing installations, a1tera-1
tions or repairs to the mechanical or electrical services or other carrion ele-I
ments in his unit or elsewhere in the buildin
g, or to correct any condition
E
which violates the provisions of any mortgage covering another unit, provided
that requests for entry are made in advance and that any such entry is at a!
time reasonably convenient to the unit owner, and f urther provided that such!
right shall be exercised in such a manner as will not unreasonably interfere!
with the normal use of the units for business purposes as herein defined. In
the case of an emergency, such right of entry shall be hmiediate, whether the
unit owner is present at the time or not.
SBCTION 18. Rules of Conduct - Rules and regulations concerning the use
of the common elements may be promulgated and amended by the Board of Managers.
Copies of such rules and regulations shall be furnished by the Board ofl
I
-- 30 -
i
RuoKM 2F",F 031
Managers to each unit owner prior to the time when the same shall become effec-
tive. i
ARTICLE VI
Mortgages
I
SECTION 1. Notice to Board of Managers - A unit owner who mortgages his:
unit shall notify the Board of Managers of the name and address of his mort-
gagee and shall file a conformed copy of the note and mortgage with the Board
of Managers; the Board of Managers shall maintain such information in a book
entitled "Mortgages of Units".
SECTION 2. Notice of Unpaid Common Char es or Other Default - The Board
of Managers, whenever so requested in writing by a mortgagee of a unit, shall
pracnptly report any then unpaid common charges due fram, or any other default
by, the owner of the mortgaged unit.
SECTION 3. Notice of Default - The Board of Managers, when giving notice
to a unit owner of a default in paying common charges or other default, shall
send a copy of such notice to each holder of a mortgage covering such unit
whose name and address has theretofore been furnished to the Board of
Managers.
SECTION 4. Examination of Books -- Each unit and each mortgagee of a unit;
shall be permitted to examine the books of account of the Condominium at
reasonable times on business days, but not more than once a month.
ARTICLE VII
Sales
SECTION 1. No Severance of Ownershi - No unit owner shall execute any
i
i
31 -
f
booK5412 mE 032
deed, mortgage or other instrument conveying or mortgaging title to his unit
without including therein the appurtenant interests, it being the intention.'
hereof to prevent any severance of such combined ownership. Any such deed,;
mortgage or other instrument purporting to affect one or more of such inter-
ests, without including all such interests, shall be deemed and taken to
include the interest or interests so omitted, even though the latter shall not;
i
be expressly mentioned or described therein. No part of the appurtenant inter
ests of any unit may be sold, transferred or otherwise disposed of, except as
part of a sale, transfer or other disposition of the unit to which such inter-
ests are appurtenant, or as part of a sale, transfer or other disposition of
such part of the appurtenant interests of all units.
SECTION 2. Financing of Purchase of Units by Board of Managers - Acquisi-
tion of units by the Board of Managers, or its designee, on behalf of all unit!
owners, may be made from the working capital and common charges in the hands of
the Board of Managers, or, if such funds are insufficient, the Board of,
Managers may levy an assessment against each unit owner in proportion to his::
ownership in the carmon elements as a common charge, or the Board of Managers,
in its discretion, may borrow money to finance the acquisition of such unit,
provided, however, that no financing may be secured by an encumbrance or
hypothecation of any property other than the unit, together with the appurten-
ant interests, so to be acquired by the Board of Managers.
SECTION 3. Waiver of Right to Partition with Res ct to Such Units as are
I
Acquired by the Board of Managers, or its Designee, on Behalf of All Unitj
I
Owners as Tenants in Common - In the event that a unit shall be acquired by they
- 32 -
BooK5412 NGF 033
Board of Managers, or its designee, on behalf of all unit owners as tenants in
common, all such unit owners shall be deemed to have waived all rights of
partition with respect to such unit.
ARTICLE VIII
Condemnation
SECTION
1. Condemnation -
If more
than ten
(10%) percent of
the Condomin--li
ium is taken
under the power of
eminent
domain,
the taking shall
be treated as'
a "casualty loss", and the provisions of Section 17 of Chapter 183A of the'
Massachusetts General
Laws shall apply. Where one
or more
units have been sub.-:'
sta.ntially altered or
rendered uninhabitable as a
result
of a partial taking,;
and the unit owners vote to restore and continue the Condominium pursuant to
the provisions of Section 17 of
said Chapter
183A, the
Board of
Managers
shall!
have the authority to acquire
the remaining
portions
of such
units for
such
price as the Board of Managers shall determine, provided that any unit owner of
such remaining portion who does not agree with such determination may apply to
the Superior Court, Department of the Trial Court in Barnstable County, on such
notice to the Board of Managers as the Court shall direct, for an order direct-
ing the purchase of such remaining portion at the fair market value thereof as
approved by the Court.
In the event of a total or partial taking under the powers of eminent
domain, the unit owners shall be represented by the Condominium acting through.
the Board of Managers. In the event of a partial taking, the award shall be,
allocated to the respective unit owners according to their undivided interest:
in the common elements, except as to such portion or portions of the award;
33 -
BOOK5412 RGE 034
which are attributable to direct or consequential damages suffered by parti-
cular units, which shall be payable to the owners of such units or their mort-
gagees as their interests may appear. In the case of a total taking of all
units and the canon elements, the entire award shall be payable to the Board
of Managers to be distributed to the unit owners in accordance with their
respective percentage interests in the common elements.
ADTOTI-T V TV
Rebuilding Following Casualty
SFCTION 1. Repair or Reconstruction after Fire or Other Casualty -- In the
event of damage to or destruction of the building as a result of fire or other
casualty, the Hoard of Managers shall arrange for the prompt repair and restor-
ation of the building, and the Hoard of Managers shall disburse the proceeds of
all insurance policies to the contractors engaged in such repair and restora-
tion in appropriate progress payments. Any cost of such repair and restoration;
in excess of the insurance proceeds shall constitute a common expense and the
Board of Managers may assess all the unit owners for such deficit as part of
the carmon charges.
If there shall have been a repair or restoration pursuant to the.
first paragraph of this Section 1 and the amount of insurance proceeds shalli
have exceeded the cost of such repair or restoration, then the excess of such
insurance proceeds, if any, shall be added to the Condominium's reserve fund
or, at the option of the Board of Managers, divided among all the unit owners
in proportion to their respective common interests, after first paying out of
II
the share due each unit owner such amounts as may be required to reduce unpaid
34 -
I
BOOK5412 r ,E 035
liens on such unit in the order of priority of such liens.
Notwithstanding the foregoing, if, as a result of fire or other case-
alty the loss exceeds ten (10%) percent of the value of the Condominium prior;
to the casualty, then any repair or restoration shall be done in accordance
with the
provisions of
Chapter 183A,
Section 17 (b)
(2),
as it is written on
the date
of the Master
Deed; and, if
seventy-five
(75%)
percent of the unit+
owners do not agree to proceed with repair or restoration as set forth in
Section 17 (b) (2) of said Chapter as it is written on the said date, then the.
provisions of said Section 17 (b) (1) shall apply.
Resolution of Disputes
SECTION 1. If a dispute shall arise between or among the Board of
Managers and'any one or more unit owners, such dispute, except for those'
matters specifically set forth in the Master Deed or these By-laws which are to'..
be resolved by a Court proceeding, shall be determined by arbitration. The°
fees and expenses of the arbitration shall be borne equally by the parties'
thereto, provided that the fees and expenses of the Board of Managers as a partm-
to any such arbitration shall be a cannon expense.
SECTION 2. Arbitrators - If a dispute which under the provisions hereof
is to be determined by arbitration, any unit owner or the Board of Managers
(hereinafter "Parties") desiring determination thereof shall give each other
party a written notice setting forth the existence of the dispute and the ques-
tions at issue, and demanding that all the same be arbitrated pursuant to this
Article X. Each unit owner and the Board of Managers shall, within fourteens
35 -
i
booK5412 i, GF 036
(14) days after the giving of a notice to arbitrate as provided above, appoint
an arbitrator and notify all other parties in writing of the name and address
I
of the arbitrator so appointed. If two or more unit owners shall take substan-1
tially identical positions in such dispute, they may jointly appoint a singles
arbitrator.
If, under the foregoing provisions, any even number of arbitrators
shall be appointed, then, within the earlier of ten (10) days after the
appointment of the last arbitrator so appointed or twenty --one (21) days after
the giving of notice to arbitrate, one additional arbitrator shall be appointed
by the arbitrators previously appointed, or a majority in number of them; and,.
in default of such appointment of such additional arbitrator, any party may
request such appointment by a Judge of the Superior Court, Department of the
Trial Court of the Commonwealth of Massachusetts in Barnstable County. in the?
3
event that any arbitrator appointed shall thereafter die or become unable orj
unwilling to act, his successor shall be appointed in the same manner provided'.
i
herein for the appointment of the arbitrator so dying or becoming unable or
unwilling to act.
Arbitration proceedings shall be conducted in Barnstable County ini
accordance with the rules of the American Arbitration Association then in
effect. The concurring determination of a majority in number of the arbitra
tors shall be binding upon all parties to the dispute.
ARTICLE XI
SECTION 1. Records and Audits - The Board of Managers or the managing
agent shall keep detailed records of the actions of the Board of Managers and
I
i
36 -
BOOK5412Hf,E 037
the managing agent, minutes of the meetings of the Board of Managers, minutes
of
the meetings
of the
unit
owners, and financial
records and books of account.
of
the Condominium,
as
well
as a separate account
for each unit which, among
other things, shall contain the amount of each assessment of common charges or
fines levied against such unit, the date when due, the amounts paid thereon,
and the balance remaining unpaid.
i
An annual report of the receipts and expenditures of the Condominium,
audited by an independent public accountant, shall be rendered by the Board ofi
Managers to all unit owners, and to all mortgagees of units who have requested,
the same, promptly after the end of each fiscal year. The cost of such report
shall be paid by the Board of Managers as a common expense.
APTTC'T.F. XT T
Miscellaneous
SECTION 1. Notices — All notices hereunder shall be sent by registered.
mail or certified mail to the Board of Managers in care of the managing agent,;
or, if there be no managing agent, to the office of the Board of Managers or to;:
such other address as the Board of Managers may hereafter designate from time
to time, by notice in writing to all unit owners and to all mortgagees of
units. All notices to any unit owner shall be sent by registered or certified,
i
mail to the building or to such other address as may have been designated by
ham from time to time in writing to the Board of Managers. All notices shall;
be deemed to have been given when mailed, except notices of change of address,.
which shall be deemed to have been given when received.
i
SECTION 2. Invalidity -- The invalidity of any part of these By --laws shall j
I
37
booK54V 038
not impair or affect in any manner the validity, enforceability or effect of
the balance of these By-laws.
SECTION 3. Captions -- The captions herein are inserted only as a matter
i
of convenience and for reference, and in no Way define, limit or describe the
scope of these By-laws or the intent of any provisions thereof.
SECTION 4. Gender - The use of any gender in these By-laws shall be
deemed to include all other genders and the use of the singular shall be deemed
to include the plural whenever the context so requires.
SECTION 5. Waiver - No restriction, condition, obligation or provision]
contained
in these By-laws shall be
deemed
to have been
abrogated or
waived by
reason of
any failure to enforce the
same,
irrespective
of the number
of viola-
tions or breaches thereof which may occur.
SECTION
6. Conflicts - These
By-laws are set forth
to comply with
the'
requirements
of Chapter 183A of the
Massachusetts General
Laws Annotated.
In
case any of
these By-laws conflict
with the provisions of
said statute or
of
the Master Deed, the said statute or the Master Deed, as the case may be, shall
be deemed to control.
ARTICLE XIII
i
Amendments and Termination
SECTION 1. Amendments to By-laws - These By-laws may be modified or
amended by the vote of seventy (70%) percent in number and in common interest;
of all unit owners at a meeting of unit owners duly held for such purpose, pro -
I
vided that no amendment shall take effect until duly recorded with the Barn-'
stable County Registry of Deeds. Notwithstanding anything to the contrary
i
38 -
BmK5412i�,r,E 039
herein contained, no provision of these By-laws relating to the use of the:
emits may be amended without the consent of every unit owner affected by such'
amendment.
SECTION 2. Termination - The Property may be removed from the provisions
of Chapter 183A in accordance with the terms and provisions of Section 19 of
said Chapter 183A as it is written on the date of the Master Deed.
WITNESS our hands and seals this b Ada of if L-� , 1986.
i
RaymonaCsse I
i
Edward Younis
COMMONWEALTH OF MASSACHUSETTS
Barnstable, ss.
Then personally appeared the above named
Younis and acknowledged the foregoing instrument
before me,
l
1 / - (l 1986
id C. Chasse and Edward;
eir free act and deed,'
i
Nota is
My i ion ex Tres: 2� /
- 39 - 'RECORR NOV 19 86