Post on 22-Sep-2020
transcript
l'Si~lsLry or Lieeds Page 2 of2
•..."c
This Declaration of Restrictive Covenants and Road Maintenance Provisions arc...t{ ....
made on this '/ y
060 8CJ IZ.(
\11lflND COUi~l. i~l)Sr()N. 1tw 1,,(1(1herein dl~-,~fibO::fl~Ai:1Ibe sh()wn Of,our 3P1Jro\'t>{J.f;;I;r; to follow a>:
~tntl1lOCT 15 200B
Plan \ 33\g_~Lf)l$34~38(EXAMI}!ED AS DESCRPHCN ONLy)
r.c. PONrBR.i.~NnACTING CHiH ENCiNfER7JAv
HIGH MEADOW REALlY TRUST'
DECLARATlON OF RESTRICTIVE COVENANTSAND
ROAD )l..tA.lNTENANCE Pl{OV{SIONS
day of October, :200&(tJJC "Declaration") by Albert W. Bussink,
Frank LoRusso and Joseph N, Eldeity, Trustees of the High [\'leudow Realty Trust,
uicUt dllted September 19, 2006 \Iud filed with the Dukes County Registry District Office
01' the Land Court as Document No. 65546, of~\;~it.·T[sbury, Massachusetts (the "Trust")··;-O·':'·p.x~~;<;.
as owner of certain rea! property in thee Town M Chilmark, County of Dukes County,
Commonwealth of Massachusetts shown as Lot 28 on Land Court Plan No, 133l9-B and
more particularly described in a deed to the Trust dated September 19,2006 ,md filed
with (be Dukes. County Registry District Office of the Land Court as Document No.
()5545, and a triangular parcel of land (Iclj.rt(:em thereto as more particularly described in 1\
deed (.\1'Eleanor .0- Pearlson to the Trust {bred September 19, 2006 and recorded with the
Dukes County Registry of-Deeds in Book 1095, Page 814 (the "Premises") which
property has been subdivided into five (5) lots (respectively. CI "Lot" nnd, ifmore than
one, "LOI~;") which subdivision is to be filed with the Land Court as Land C:oUl1 Plan No.
1J3J9-E (the "Piau'}
The Trust hereby DECLARES, PROVIDES AND COVENANTS and does
hereby impose UPOIl and submit art of the Prerniscs to the covenants and restrictions
hereinafter set forth for the mutual benefit privacy and enjoyment of the owners cf thc
Lots and for the PIUP')SC of managing, maintaining and improving the road shown on rhe
Planus "High Meadow private 40ft wide" (the "Road") and the pond constructed 01\ Lot
38 on Hx;Plan (the "Pond") and that all Lots shall be held, transferred, leased,
encumbered, sold, conveyed, improved, and occupied subject to rhc terms hereof
http://www.masslandrecords.com/malr!controller?com rna nrlfl "'~=<'=A_~ t,D __ 1o.T -
Page 2 of2
11 BUDGETS AND ASSESS]I.,1ENTS
i\, BUDCi:.EIS..:. Prior (0 the annual meeting, the Manager shall provide 10 the
other members a proposed budget for lite anticipated (1XP(\J)SCS for the
upcoming fiscal yell~which shall include, in part and as applicable, the
anticipated. expense for insurance and the upgrade, repair, replaoemcru, care
and maintenance of the Pond, the Road and any utilities used in COmmon by
(he Lots. At the annual meeting, the Association shall adopt the proposed
budget as it may be amended or supplemented. Each Lor shall be responsible
for one-fifth (l/5h) of the amount so budgeted. Notwithstanding the
foregoing, all costs and expenses incurred for repairs, maintenance or
insurance resulting from the acts or omissions ofthe ownerts) or one Lor,
shall be the-sole obligation or the owners of such Lot. Collectively, any
special assessrncnl and regular assessment shall hereinafter be referred to as
"assessments".
B, fiSCAL YEAR: The risea! year shall run from January 1 (0 December 31 .
c. ,i::t;;J~,sSi\~I~1'iTS/eAYMENT;All assessments shall be due and payable
within thirty (30) days after the date that a statement has been sent 10 the
owners of each Lot. /\11 owners of each Lot shall be jointly and severally
liable lor all assessments levied (0 their respective Lot pursuant \0 this
Declaration. Any Lot owner who fails \0 pay ilny assessment. when due shal)
also be liable for any monies expended by the Association .. Including
reasonable attorneys fees and court costs, to collect such assessments. All
such costs of collection may be collected in the same manner (15 the
assessments. Assessments levied hereunder, together with interest thereon
and all reasonable cosrs of collection thereof, including attorney fees and court
costs, shall be a continuing lien upon each Lot against which such assessment
is made and shall also be the personal obligation and the join: and several
Obligation of all DWnC,f'S of the Lot to whom the assessments are made. Any
.. _._ .._ ..._--,---_.__ ._-_ ...
.~i
http://www.massIandrecords.com/maIri contro Her
~------~-...-~.~-...•.•...,~~'--""- ..-.~Page 2 of2
I :l
assessment not paid within thirty (30) days after the due date shall bear
interest from the due date at the rate often (lO%) percent per year,
D. !;:NPORCEf'J.EN't;, Any individua) Lot owner at their expense, or the
Association at its expense, acting by and through its Manager with the consent
of a majority of the Members voting ar a meeting of the Association, may
bring an action at law against a Lot owner to enforce the terms and provisions
of this Declaration, 10 pay the assessment made hereunder or to foreclose the
lien against the owner's Lot. The Association may enforce such lien by
selling ill owner's Lot subject thereto to satisfy the same, in the manner
provided by law for the fore..-closure M rnortgages containing a sla(\ltory power
of sale, provided that notice of commencement of such proceedings is duly
f led for recording in the Dukes County Registry District Office of the Land
COUrt All costs and expenses incurred by the Association pursuant 10 the
foregoing, unless collec ..led 1I'0Il! the delinquent Lot owner, shall be assessed
equally to all Lots in (he same manner that assessments are made and
collected hereunder,
F RK'illlS OF l\~1.Q]{TG£\(.lE.ES: Th~:lien for assessments, as set forth above,
shall be subordinate to the lien of any bona tide institutional mortgage. Sale
01' unnsfer (If <Iny Lot pursuant to foreclosure of a bona fide institutional
mortgage or any proceeding in lieu thereof, shall extinguish the lien 00 the
Lot, but not tht\ obligation of the Lot OWI1t!rS assessed lor such assessments, as
to payments which became due prior to such sale 01' transfer. No sale or
transfer shall relieve such Lots or tho OWMrs '{hereof from liability for any
assessments thereafter becoming due or I.i'0I11 the lien thereof.
F. CERnEJ~~ATE OL~'JANAGf;)~.,; Within thirty (30) days aller written request
is delivered to the Manager by' any owner of It Lot, {he Manager shall deliver
10 the owner a certificate executed by him and in recordable form certifying
(with respect to such Lot) {hilt as of the dale thereof either (j) the Lot is in
http;llwww.masslandrecords.com/malricontroller
Page 2 0[2
···...·~---·-··~-;·T·-··--·····--··"- . '. ...... -
compliance with (he terms and provisions of'this Declaration, including
payment of all assessments due and owing by the owners of the Lot, Or (ii) the
Lot in not in compliance with the terms and provisions of this Declaration andstating the feason(s) therefor, All rH~(SOnSshall be entitled to rely on said
certificate with respect to rhc matters therein set forth, SIIC·h mailers being
conclusive as between the Association and all owners of Lots, and those
claiming or deriving any interest by, through or under them.
ru. ARCHITECTURAL REQUIREMENTS
No Lot shall be built upon, used or improved and no structure shall be constructed,
placed, erected or allowed to remain on any Lot except ill compliance \I..'ith these
Architectural Requirements
A APPROVAL BY ARC No building Of other structure or improvement of any
kind or nature shall be commenced, erected, or replaced upon any 1.01, nor shall
any exterior addition to or change or alteration thereto he made until the scaled
plans and specifications showing the nature, kind, shape. height, materials, and
color have been submitted to and approved ill writing, which said approval may
not be unreasonably withheld, as to harmony of external design and location in
relation to surrounding structures, vegetation, views, ana topography, hy it
majority ofthe Archuccturul Review Committee, established in Paragraph 3.,
below. Rejection shall be presumed unreasonable should the proposed structure
or improvement comply with the TOWIl nfChilmal'k Zoning By-Jaws and the
Guidelines set forth in Ill. D.
B. ARCHITECTURAL REVIE\V COM~'-IITrEE: The Architectural Review
Committee {the <'ARC") shall consist ofthree persons, all of whom shall have an
ownership in/crest in a Lot, and shall serve until there successor IS chosen or until
they no longer have an. ownership interest in a Lot. The ARC shall initially
http://www.masslandrecords.com/malrlcontroller
Page 2 of2
II,Fi
consist of Frank Loltusso, John Keene and A lbert V·/. Bussink. Successors shal)
be chosen by a majority of the Lots. A certificate signed by the Manager may be
relied upon by third parties as to the then current members of the ARC.
C. Tlt.~I~nnTU'LQ; Prim to December Ll, 2010,110 trees with a diameter greater
than eight (8) inches at four feet. above the lowest surrounding grade shall be cut
or removed without (he prior written ,,0115(:111 ofthe ARC
D. (lJJ1Qgl~!NBS: In making its determination, [be ARC shall consider thefollowing:
L Only traditional rurnl New England architectural styles shall be permitted;
110 conternporarv 0, modern architecture is permitted.
2. All roofs shall bG llni!'lled in either 'wood shingles or architectural grade
asphalt shingles.
J. All siding shall be either cedar Shingles, wood Clapboards or, if
unanimously approved by the ARC, a composite Hardiplank siding; no
vinyl, aluminum or vertical siding.
4. All windows and doors must be cased in wood that is at least 1" x 4"
stock.
5. All exterior portions of any chimney or fireplace shal: 1;(: either red brick
or natural stone.
6. ELIch house shall no! contain more than 4,50() square feet of habitable
living space 110t including basements, deck$, attics and garages.
7, Clotheslines or similar devises, and trash receptacles shall be placed.
constructed, and maintained so iG to be screened from view from other
Lots and the Road. All propane tanks (except portable tanks like those
typical of outdoor propane grills) shaH be buried underground.
8. Satellite dishes. outside television antennas or other antennas Or neriuls
shall nor exceed j 8" in diameter and shal! he hidden from view to the
extent possible.
http://www.masslandrecords.com/malr/controller