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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

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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

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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

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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

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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.

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