ARTICLES OF
ORGANIZATION
MEADOW VIEW FARMS APPROVAL COMMITTEE
MASTER DECLARATION OF MEADOW VIEW FARMS
IN OAK BLUFFS, COUNTY OF
RESERVATION AND RESTRICTIONS
This Master Declaration
of MEADOW VIEW FARMS made this 30th day of April, 1984, by FRANK S. MICHEL,
Trustee of MEADOW VIEW FARMS REALTY TRUST under a Declaration of Trust dated
WHEREAS, the Declarant intends to create a residential community on said
land, together with recreational and other appropriate facilities and amenities
therein, areas of trees and fields, footpaths, tennis courts, public and
private ways for circulation and access to residences, and utility services;
and
WHEREAS, in
furtherance thereof it is desired to establish common and mutual covenants,
conditions, reservations and restrictions, and an association of property
owners (hereinafter referred to as the "Meadow View Farms Property Owners
Association" or the "Association") to administer the same;
NOW THEREFORE,
the Declarant hereby declares, provides and convenants as follows:
ARTICLE I SUBJECT PROPERTY
The land
situated within Oak Bluffs, County of Dukes County, Commonwealth of
Massachusetts, more particularly described as being all of the land shown on
the decree plan issued in Land Court Registration Case No. 41031, being duly
filed with the Dukes County Registry District of the Land Court, including any
and all re-subdivisions thereof, specifically excluding, however, Lot No. 1
(approximately 20.69 acres), shown on said plan, together with all of the land
shown on the plan recorded with Dukes County Registry of Deeds in Oak Bluffs
Case File No. 158, to which plan references are hereby made for a more
particular description. There may also be included hereafter such contiguous
parcels of land as may be so designated by the Declarant
in his sole discretion.
ARTICLE II LAND CLASSIFICATIONS PROPERTY USE AND RESTRICTIONS
SECTION 2.01 Land
Classifications
The land within
Meadow View Farms is hereby divided into the following use classifications:
A. Residence Areas
Referring to the
parcel designations contained within the premises being situated as described
in Article I above, each of the parcels being numbered and referred to
hereinafter as the Residence Lots.
B. Common Areas
Referring to the
parcels now designated as "Common Areas", or to be hereinafter
designated by the Declarant in his sole discretion,
being situated and more particularly described on the plans referred to in
Article I above. Specifically included, but not limited to, are the following:
Lot Nos. 46, 47, 48, 49 and 50 shown on said Land Court Plan No. 41031, and
Common Areas "A", "B" and "C" shown on the said
plan recorded with Dukes County Registry of Deeds in Oak Bluffs Case File No.
158 as referred to above.
C. Vehicular Access Areas
Referring
to
SECTION 2.02 Residence Areas:
Permitted Uses and Restrictions
Each Residence
Lot shall be for the exclusive use and benefit of the owner or owners thereof,
subject, however, to all of the following limitations and restrictions:
A. Residential Use
No buildings or
other structures of any kind shall be erected, placed or allowed to stand on a
Residence Lot except a single family residential dwelling house as permitted
under applicable law, together with accessory buildings and structures normally
appurtenant to such a dwelling situated in Oak Bluffs. No garage shall be used
for the storage of heavy commercial vehicles or construction equipment. No
business activities of any nature shall be conducted upon any Residence Lot,
and no advertising signs shall be displayed thereon, except that a lawyer,
physician, architect or dentist residing in a dwelling house thereon may
maintain therein an office for his professional use and may display a small
professional nameplate. Nothing herein shall be deemed to prevent the leasing
of a Residence Lot from time to time by the owner thereof subject to all of the
provisions of this Declaration.
B. Animals
No pets or other
animals or birds shall be kept or maintained on any Residence Lot of such type
or in such number as to be noisome or offensive, and no such pet, animal or
bird shall be allowed to pass onto or enter in Meadow View Farms other than the
Residence Lot of the owner thereof unless such pet, animal or bird is suitably
leashed, caged or otherwise controlled.
C. Improvements
and Alterations
No buildings or
fences or other structures of any kind or additions thereto or driveways shall
be erected, placed or allowed to stand upon any Residence Lot until the size,
plans, specifications and locations thereof shall have been approved in writing
by the Approval Committee provided for in Article III hereof. No loam, sand,
gravel, or other soil material, except that resulting from customary
landscaping or from construction permitted and approved hereunder, shall be
removed from Meadow View Farms. The erection of any approved structure on a
Residence Lot, once begun, shall be carried forward to completion with
reasonable diligence. Temporary buildings or structures used during the
construction of a dwelling on a Residence Lot shall be removed immediately
after the completion of construction. No trees or heavy brush shall be planted
or allowed to grow on Residence Areas or Common Areas which would materially
obstruct pre-existing or established water views within the Meadow View Farms
area. However, no vegetation shall be removed or altered to maintain said water
views until plans identifying the specific vegetation to be affected, the work
areas, and method by which the work is to be performed thereof shall have been
approved in writing by the Approval Committee.
D. Temporary
Occupancy
No trailer, mobile
home, camper, temporary building or structure of any kind, shall be used for a
residence, either temporarily or permanently.
E. Trailers and
Tents
No trailer,
mobile home, heavy commercial vehicle, construction equipment, camper,
permanent tent or similar structure, shall be kept, placed or maintained upon
any Residence Lot or on any vehicular access areas in such a manner as to be
visible from neighboring property; provided, however, that the provisions of
this paragraph shall not apply to temporary construction shelters or facilities
maintained during, and used exclusively in connection with, the construction of
any improvement approved by the Approval Committee.
F. Nuisances
No rubbish,
debris, dead trees or heavy brush of any kind shall be placed or permitted to
accumulate upon or adjacent to any Residence Lot which will or may render the
same or any portion thereof unsanitary, unsightly, offensive or detrimental to
any other Residence Lot, and no activity shall be conducted or maintained which
is or may be offensive or detrimental to any other Residence Lot in the
vicinity thereof or to its occupants.
G. Repair of
Buildings
No building or
structure upon any Residence Lot shall be permitted to fall into disrepair, and
such building and structure shall at all times be kept in good condition and
repair and adequately painted or otherwise finished.
H. Trash
Containers and Collection
Trash, rubbish
and garbage shall be kept in covered containers which shall be properly
screened and/or enclosed so as not to be visible from neighboring properties,
except for such necessary periods when said containers are made available for
collection.
I. Clothes
Drying Facilities
No outside
clothes lines or other outside facilities for drying or airing clothes which
are visible from neighboring property shall be erected or maintained on any
Residence Lot.
J. Lighting
Upon completion
of a residential dwelling a free-standing outside electric light shall be
installed by the owner on a post adjacent to the junction of the driveway and
access road. Said light shall be equipped with an automatic timing device so as
to turn the said light on at dusk and off at dawn.
K. Restrictions
on Further Subdivision
No Residence Lot
shall be further subdivided. No portion of any Residence Lot nor any easement
or license shall be conveyed by any owner without the prior written approval of
the Approval Committee.
L. Signs
No signs shall
be erected or maintained on any Residence Lot except:
1.
Such signs as may be required by law
2.
A residential identification sign having a total face area not larger
than seventy-two (72) square inches;
3. During the time of
construction of any building or other improvement, one job identification sign
not larger in area than three (3)
square feet.
4.
Professional signs permitted pursuant to Section 2.02A above.
SECTION 2.03 Residence Areas:
Constructions of Improvements and Alterations
A. Application
for Approval of Improvements and Alterations
Any owner of a
Residence Lot proposing to make any improvement which, under Section 2.02
hereof, requires the prior written approval of the Approval Committee shall
apply for approval by delivering to the Approval Committee a written application
describing the nature of the proposed improvement together with such of the
following documents and information as are pertinent, in such number of copies
as the Approval Committee may require:
1. A plot plan of the affected property
showing the location of existing and proposed improvements and alterations;
2. Floor plans;
3. Drawings showing all elevations;
4. A description of exterior materials and
colors, with color samples; and
5. The owner's proposed construction schedule.
B. Basis or
Approval of Improvements and Alterations
The Approval
Committee shall, after consideration of the items set forth in the foregoing
sub-paragraph A and such other matters as it deems necessary, grant the
requested approval if the Approval Committee determines that:
1. The proposed improvement or alteration
conforms to the provisions of this Declaration, the restrictions herein set
forth and the Approval Committee Rules
as defined in Section 3.04 in effect at the time the application for approval
was submitted; and
2. The proposed improvement or alteration
is reasonably compatible wit[) the standards of Meadow View Farms and the purposes of this Declaration as to quality
of workmanship and materials, as to harmony of external design with existing
structures and as to location with respect to vegetation, topography, finished
grade, and water views from other buildings and building sites; and
3. The proposed improvement or alteration
complies with all applicable laws, specifically including the zoning by-laws
and building code requirements of the Town of Oak< Bluffs.
C. Certificate
of Approval
All approvals
given under the foregoing paragraph shall be in writing, provided, however,
that any such application for approval which has not been acted upon within
thirty (30) days from the date of submission thereof to the Approval Committee
shall be deemed approved, and a Certificate to that effect signed by any member
of the Approval Committee pursuant to Section 3.03 hereof, or the President or
Secretary of Meadow View Farms Property Owners Association shall be conclusive
evidence of such approval. One set of plans as finally approved shall be
retained by the Approval Committee as a permanent record.
D. Proceeding
with Work
Upon receipt of
approval from the Approval Committee or upon the lapse of thirty (30) days
without action as provided in sup-paragraph C of this Section 2.03 the owner of
the Residence Lot shall, as soon as practicable, commence and diligently
proceed with the construction, refinishing, alterations and excavation in
accordance with the owner's proposed construction schedule set forth in the
documents accompanying his application for approval.
E. Failure to
Complete Work
In the event
that the construction, reconstruction, refinishing, or alteration of any
improvement is not completed within a reasonable time, or having been completed
does not comply with the approval therefore given by the Approval Committee,
the Approval Committee shall report the matter to the Board of Trustees of the
Association, and the Board, after hearing, may direct the owner to remedy the
non-compliance or remove the improvement. If the owner does not comply with the
order of the Board within the time period set forth in the order, the Board may
either remove the non-complying improvement or remedy the non-compliance and
the owner shall reimburse the Meadow View Farms Property Owners Association,
upon demand, for all reasonable expenses incurred in connection therewith.
SECTION 2.04 Common Areas:
Permitted Uses, Construction of Improvements and Alterations
The Declarant shall convey the Common Areas and Easements and
the facilities thereof and thereon to the Association, and shall so convey the
same on or before (a) the expiration of three (3) years after the date of the
execution of the first Purchase and Sale Agreement by which a Residence Lot is
sold by the Declarant, or (b) the date on which
thirty (30%) percent of the Residence Lots have been sold, whichever of said
(a) or (b) shall first occur. Common Areas shall be used for outdoor recreation
and conservation purposes. No improvement, excavation or work which in any way
alters any Common Area or Easement from its natural or existing state on the
date such area was conveyed to the Association shall be made or done except
within the restrictions and limitations of this Section 2.04.
A. Limitation on
Construction
No person other
than the Declarant or the Association shall
construct, reconstruct, refinish, alter or maintain any road or improvement
upon, or shall make or create any excavation or fill upon, or shall change the
natural or existing drainage of, or shall destroy or remove any tree, shrub, or
other vegetation from any Common Area or Easement. The Association shall have
the right, at any time, to plant, replace, maintain and cultivate shrubs,
trees, grass and plantings and to construct, reconstruct, refinish, alter and
maintain any recreational facility or improvement on any portion of the Common
Areas. however, only structures or improvements
enhancing the natural recreational amenities of Meadow View Farms shall be
constructed or allowed on or within the Common Areas.
B. Declarant's Plans and Specifications
The Declarant shall from time to time file with the Approval
Committee such plans and specifications as the Declarant
may have for the purpose of maintaining a permanent record of improvements or
alterations on any portion of the Common Areas.
SECTION 2.05 Vehicular Access
Areas: Permitted Uses and Restrictions.
The fee title to
the Vehicular Access Areas shall remain in the Declarant
until (a) the expiration of three (3) years after the date of the execution of
the first Purchase and Sale Agreement by which a Residence Lot is sold by the Declarant, or (b) the date on which thirty (30%) percent of
the Residence Lots have been sold, whichever of said (a) or (b)) shall first
occur, and thereupon the Declarant shall convey all
of the same to the Association. Said streets and ways shall in any event and at
all times be subject to a permanent appurtenant easement for the benefit of all
owners of Residence Lots in common with others lawfully entitled thereto, and
to use the same for all purposes for which streets and ways are now or may
hereafter customarily be used in said town, specifically including the right to
install, maintain and repair underground utility systems. All maintenance,
repair and improvements of said streets and ways (including snow removal) shall
be done by the Association and the cost thereof shall be included in the
expenses of the Meadow View Farms Property Owners Association subject to
assessment pursuant to Section 5.02.
SECTION 2.06 Tennis Area
The Declarant shall cause to be constructed at his sole expense
two (2) tennis courts and appurtenances thereto, if any, within the area shown
as Lot No. 49 on said Land Court Plan No. 41031. Construction of said tennis
courts shall be completed within thirty-six (36) months from the date hereof.
The design and specifications of said tennis courts shall be at the sole
discretion of the Declarant.
The Residence
Lot owners shall have the appurtenant perpetual right and easement to use said
tennis courts. The said use of the tennis courts shall be consistent with the
appropriate rules and regulations to be established by the Meadow View Farms
Property Owners Association. The cost of maintenance, repair and operation of
the said tennis courts shall be included in the expenses of the Meadow View
Farms Property Owners Association subject to assessment pursuant to Section
5.02.
ARTICLE III APPROVAL
COMMITTEE
SECTION 3.01
Organization, Power of Appointment and Removal of members
A Committee
Composition
The Approval
committee shall consist of three (3) members.
B. Initial
Members
The Declarant-shall forthwith appoint the three (3) initial
members.
C. Terms of
Office
The terms of
office of the initial members of the Approval Committee shall expire on the
date on which thirty (30) percent of the Residence Lots have been sold (by
entry of Purchase and Sale Agreement whether or not the closing or settlement thereunder has then been completed). After the expiration
of such initial terms, the terms of the Approval Committee members first
appointed thereafter shall be for such periods of three (3) years or less as
specified by the Board of Trustees, in order that such terms shall expire on
December 31st in three (3) successive years. Thereafter the term of each
Approval Committee member appointed shall be for a period of three (3) years or
until his successor shall have beer, appointed. Any new member appointed to
replace a member who has resigned or been removed shall serve such member's
unexpired term.
D. Appointment
and Removal
The right to appoint
and remove all members of the Approval Committee shall be vested solely in the
Board of Trustees acting oil behalf of the Association, provided, however, that
no member may be removed from the Approval Committee except by the vote or
written consent of four-fifths of all the members of the Board. Exercise of the
right of appointment and removal shall be the Secretary of the Association
identifying the new member appointed to the Approval Committee and the member
whose membership on the Approval Committee has terminated.
E. Resiqnations
Any member of
the Approval Committee may at any time resign from the Approval Committee by
giving written notice thereof to the Board.
SECTION 3.02 Duties
It shall be the
duty of the Approval Committee to consider and act upon any and all
applications for improvements or alterations submitted to it pursuant to
Section 2.03 hereof, to inspect newly completed improvements and alterations,
to adopt Approval Committee rules, to perform other duties delegated to it by the
Board, and to carry out all other duties imposed upon it by the provisions of
this Declaration.
SECTION 3.03 Meetings and
Compensations
The Approval
Committee shall meet from time to time as necessary to perform its duties
hereunder. The vote or written consent of any two regular members, at a meeting
or otherwise, shall constitute the act of the Approval committee unless the
unanimous decision of the Approval Committee is specifically required by any
provision of this Declaration. The Approval Committee shall keep and maintain a
written record of all actions taken. Members of the Approval committee shall be
entitled to reimbursement from the Association for all reasonable expenses
incurred by them in the performance of any Approval Committee functions, but
shall not be entitled to compensation unless specifically authorized by the
Board.
SECTION 3.04 Approval
Committee Rules
The Approval
Committee may, from time to time, adopt, amend and repeal by unanimous vote
rules and regulations to be known as "Approval Committee Rules".
SECTION 3.05 Approval
Committee Certificate of Compliance
Within thirty
(30) days after written demand is delivered to the Approval Committee by any
owner of a Residence Lot, the Approval Committee shall deliver to the owner a
certificate in recordable form executed by one of its members, certifying (with
respect to such Residence Lot) that as of the date thereof either (a) all
improvements made and other work done upon or within said Residence Lot
complies with the provisions of this Declaration and plans and specifications
approved thereunder; or (b) such improvements or work
do not comply, in which event the certificate shall also identify the noncomplying improvements or work and set forth the nature
of such non-compliance. All persons shall be entitled to rely on said
certificate with respect to the matters therein set forth, such matters being
conclusive as between the Association, the Declarant,
and all Owners of Residence Lots, and those claiming or deriving any interest
by, through or under there.
SECTION 3.06 Liability
Neither the
Approval Committee nor any member thereof shall be liable to the Association,
any owner of a Residence Lot, or to any other party, for any damage or loss
suffered or claimed on account of (a) the approval or disapproval of any plans,
drawings or specifications; (b) the construction or performance of any work,
whether or not pursuant to approved plans, drawings, and specifications; (c)
the development of any property; or (d) the execution, recording or filing of a
certificate pursuant to Section 3.05 hereof, whether or not the facts therein
are correct. This provision shall not be construed to relieve the Approval
Committee or any member thereof from individual liability for actions not
conducted in good faith.
ARTICLE IV MEADOW VIEW
FARMS PROPERTY OWNERS ASSOCIATION
SECTION 4.01 Organization of
the Association
The Meadow View
Farms Property Owners Association (herein referred to as the Association is a non-profit
Massachusetts corporation, organized under provisions of Chapter 180 of the
Massachusetts General Laws, charged with the duties and invested with the
powers prescribed by law and set forth in the Articles (Exhibit A), By-Laws
(Exhibit B), and this Declaration. Neither the Articles nor By-Laws shall, for
any reason, be amended or otherwise changed or interpreted so as to be
inconsistent with the provisions of this Declaration. The terms of office of
the initial members of the Board of Trustees of the Association shall not in
any event extend beyond (a) the expiration of three (3) years after the date of
the execution of the first Purchase and Sale Agreement by which a Residence Lot
is sold by the Declarant, or (b) the date on which
thirty (30%) percent of the Residence Lots have been sold, whichever of said
(a) or (b) shall first occur.
SECTION 4.02 Membership: Qualifications; Rights and Duties
The owner or
owners, from time to time, of each Residence Lot shall be members of the
Association, and one Membership shall be appurtenant to each Residence Lot.The qualifications of such Membership and the rights,
duties, privileges and liabilities of members shall be as set forth in the
Declaration and in the By-Laws of the Association.
SECTION 4.03 Voting
Each Membership
(i.e., each Residence Lot) shall be entitled to one vote, regardless of the
number of owners of such Residence Lot, provided, however, that:
1. Each Membership shall be held and
exercised as a unit and shall not be divided among several owners of any
Residence Lot. To that end, whenever any Residence Lot is owned of record by
more than one person, the several owners of such Residence Lot shall (a)
determine and designate which one of such owners shall be authorized and
entitled to cast votes, execute instruments and otherwise exercise the right
appertaining to such Residence Lot hereunder, and (b) notify the Secretary of
the Association of such designation by a notice in writing signed by all of the
record owners of such parcel. Any such designation shall take effect upon
receipt by the Secretary and may be changed at any time and from time to time
by notice as aforesaid. In the absence of any such notice of designation, the
Secretary may designate any one such owner for such purposes; and
2. From and after (a) the expiration of
three (3) years after the date of the execution of the first Purchase and Sale
Agreement by which a Residence Lot is sold by the Declarant,
or (b) the date on which thirty (30%) percent of the Residence Lots have been
sold, whichever of said (a) or (b) shall first occur, the voting power of the Declarant, regardless of how many Residence Lots the Declarant then and thereafter owns, shall be limited to a
number of votes which is no greater than one (1) less than the number of votes
to which owners of Residence Lots other than the Declarant
are then and thereafter from time to time entitled.
SECTION 4.04 Duties of the
Corporation
The Association
shall have the obligation, subject to and in accordance with the provisions of
this Declaration, the Articles and the By-Laws to perform the following duties
for the benefit of the owners of Residence Lots.
A. Operation of
Common and Vehicular Access Areas
To operate and
maintain or provide for the operation and maintenance of all Common Areas and
the facilities thereof and thereon and to keep all improvements of whatever
kind and for whatever purpose from time to time located thereon in good order
and repair; and to maintain the streets and ways until such time as they are accepted
by the Town.
B. Payment of
Taxes
To pay all real
and personal property taxes and assessments levied upon any property owned by
the Association. Such taxes and assessments may be contested or compromised by
the Association.
C. Public
Service
To contract for
or provide (to the extent adequate services are not provided by a public
authority) such buildings and grounds maintenance, snow plowing service, and
other services and facilities of a public or quasi-public nature; as may be
deemed necessary or desirable for the effectuation of the purposes of this
Declaration. In providing such facilities and services, the Association may
contract with or delegate its duties to any entity organized for such purposes.
D. Insurance
To obtain and
maintain in full force and effect such insurance as tile Board shall deem
necessary to protect the Association from loss by reason of fire or other
casualty and from liability for personal injury and property damage and to
obtain and maintain such fidelity and other bonds as the Board shall deem
appropriate to protect to Association.
E. Other
To carry out the
duties of the Association as set forth in this Declaration, the Articles and
the By-Laws.
SECTION 4.05 Powers and
Authority of the Association
The Association
shall have all of the powers of a nonprofit corporation organized under Chapter
180 of the General Laws of the
A. Assessments
To
levy assessments on the owners of Residence Lots, and to receive and collect
payment of such assessments, in accordance with the provisions of Article V
hereof.
B. Easements and Rights-of-Way
To grant easements
and rights-of-way, and such fee titles as may be required by governmental
agencies or utility companies, for the purpose of constructing, erecting,
operating or maintaining (1) the streets and ways contained in the Vehicular
Access Areas, and (2) pipes, lines, cables, conduits and other facilities for
the provision of water, electric, telephone, drainage, sewage disposal and
other utility services in, on, under and through the Common Areas and the
Vehicular Access Areas.
C. Employment of Aqents
To employ a
manager and such other employees as are necessary to carry out the
responsibilities and duties of the Association.
SECTION 4.06 Rules
A. Rulemaking Power
Subject to the provisions
of this Declaration, the Board may from time to time adopt, amend and repeal
rules and regulations governing, among other things, use of any Common Areas
and Vehicular Access areas under tile jurisdiction of the Association. Said
rules may restrict and govern the use of the Common Areas and Vehicular Access
Areas. Said rules may also include parking restrictions and limitation,
limitations upon vehicular travel, restrictions on the types or types of
vehicles which may be permitted to enter or use such Vehicular Access and/or
Common Areas, and restrictions on the maintenance or landscaping or other
improvements on any Residence Lot which may obstruct the vision of motorists or
which create a hazard for vehicular or pedestrian traffic.
B. New Recordation of Rules
A copy of the
rules, as they may from time to time be adopted, amended or repealed, shall be
mailed or otherwise delivered to each Residence Lot owner and may, but need not, be recorded or filed. Upon such mailing,
other delivery or recordation and filing, said Rules shall have the same force
and effect as if they were set forth in and were a part of this Declaration.
SECTION 4.07 Liability of Board Members and Manager
No Member of the
Board, the manager, or other employee of the Association shall be personally
liable to any Residence Lot owner, or to any other party, for any damage, loss
or prejudice suffered or claimed on account of any act or omission of the
Association, the Board, the manager or any other representative or employees of
the Association or the Approval Committee, provided, however, that such actions
were conducted in good faith.
ARTICLE V FUNDS AND
ASSESSMENTS
SECTION 5.01 Operating Fund
The Board shall
establish an operating fund for the Association into which shall be deposited
all monies paid to the Association and from which disbursements shall be made
in performing the functions of the Association under this Declaration, the
Articles and the By-Laws.
SECTION 5.02
Operation and Maintenance Assessments
C. Regular
Assessments
At least thirty
(30) days prior to the commencement of each fiscal year, the Board shall
prepare and adopt a budget for the Association reflecting the estimate of the
expenses to be incurred by the Association during such fiscal year in performing
its functions under this Declaration, the Articles and the By-Laws. The
estimate of expenses so determined shall be divided by the total number of
Residence Lots (including those, if any, which may then be owned by Declarant) and the resulting amount shall be assessed as of
the first day of such fiscal year to the owners of each Residence Lot
(including the Declarant).
B. Special Assessments
If, at any time
during any fiscal year, the regular assessment proves inadequate for any
reason, the Board may levy a special assessment as of such date as it may
determine in the amount of such actual or estimated inadequacy, which amount
shall be assessed to the owners of all Residence Lots.
C. Payment of Assessments
Assessments shall
be due and payable within thirty (30) days after the date of assessment unless
otherwise authorized by the Board.
D. Obligation of Owners
All owners of
Residence Lots shall be liable for all assessments levied upon them pursuant to
this Declaration, the Articles and By-Laws.
SECTION 5.03 Reimbursement Assessment
The Board shall
levy a reimbursement assessment against any owner of a Residence Lot where, as
a result of that owner's failure to comply with the provisions of this
Declaration, the Articles, the By-Laws, the Rules or the Approval Committee
Rules, monies are expended by the Association to cure the non-compliance. Such
an assessment shall be limited to the amount so expended including reasonable
attorney's fees, and shall be due and payable to the Association when levied.
SECTION 5.04
Enforcement of Assessments
Assessments
levied hereunder together with interest thereon and all reasonable costs of
collection thereof, including reasonable attorney's fees, shall be a charge on
the Residence Lot and shall constitute a continuing lien upon said property
against which such assessment is made, and shall also be the personal
obligation of the owner or owners from the time the payment thereof became due.
Any assessment
not paid within thirty (30) days after the due date shall bear interest from
the due date at the then prime rate of interest established by the First
National Bank of
The Association
may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the property. The Association may enforce
each such lien by selling any Residence Lot subject thereto, and to satisfy the
same, in the manner provided by law for the foreclosure of mortgages containing
a power of sale, provided that notice of the commencement of such proceedings
is duly filed for recording in the Dukes County Registry of Deeds within two
years of the date on which payment becomes due and so long as said assessment
or any portion thereof remains unpaid.
The lien for the
assessments provided for herein shall be subordinate to the lien of any first
mortgage.
ARTICLE VI MISCELLANEOUS PROVISIONS
SECTION 6.01 Amendment and Duration
A. Amendment
Except as
otherwise herein expressly provided, this Declaration may be amended at any
time by:
1 . A vote adopting, or written
consent to, the proposed amendment by
(a)
a three-fifths majority of the Board and
(b)
a three-fourths majority of the owned Residence Lots.
2.
Such amendment shall not be effective until there has been filed and
recorded a certificate signed by the Secretary or Assistant Secretary of the
Association setting forth the amendment and the facts relating to its adoption
by the Board and the Residence Lot Owners. However, no such amendment shall be
adopted that substantially derogates from the original intent and purpose of
this Declaration.
B. Duration of
Restrictions
Subject to the
provisions of sub-paragraph A of Section 6.01 hereof, the restrictions set
forth in this Declaration shall continue and remain in full force and effect in
all events until thirty (30) years from this date, and may thereafter be
extended and continued in full force and effect for further periods of twenty
(20) years each in the manner provided in Massachusetts General Laws Chapter
184, Section 28, as it may be amended from time to time.
SECTION 6.02
Enforcement and Non-Waiver
A Right of
Enforcement
The restrictions
set forth in this Declaration are for the benefit of all the land described
herein and shall run with the land. Except as otherwise provided herein, any Owner
of any Residence Lot, the Declarant or the
Association (irrespective of whether the Declarant or
the Association then owns any of the Residence Lots) shall have the right to
enforce any or all of the provisions of this Declaration, including without limitation,
the restrictions herein set forth.
B. Violation of
Law
Any violation of
any applicable local, state or federal law or governmental regulation
pertaining to the ownership, occupation or use of any property within Meadow
View Farms is hereby declared to be a violation of this Declaration and of the
restrictions herein set forth and subject to any or all of the enforcement
procedures set forth in the Declaration.
SECTION 6.03 Delivery of Notices and Documents
Any written
notice or other document relating to or required by this Declaration may be
delivered either personally or by mail. If by mail, it shall be deemed to have
been delivered forty-eight) (48) hours after a copy of same has been deposited
in the United States mail, certified or registered mail, postage prepaid,
return receipt requested.
SECTION 6.04 Construction and Severability: Singular and Plural
A. Provisions
Severable
Each of the
provisions of this Declaration shall be deemed independent and severable, and the
invalidity or partial invalidity of any provision or portion thereof shall not
affect the validity or enforceability of any other provision.
B Singular
Includes Plural
Unless the
context requires a contrary construction, the singular shall include the plural
and the plural the singular; and the masculine, feminine or neuter shall
include the masculine, feminine and neuter.
C. Captions
Captions or
titles used in this Declaration are intended solely for convenience or
reference and shall not affect that which is set forth in any of the provisions
hereof.
