16A-020 Fairway Village Letter to Tobin July 24 1986LAW OFFICES OF
SHATZ, SCHWARTZ AND FENTIN, P. C
1441 MAIN STREET -SUITE 1100
SPRINGFIELD, MASSACHUSETTS D1103
( 413) 737 1131 RECEIVED JUL 2 4 1986
July 22, 1986
Mr. George D. Tobin
Chairman
Northampton Planning Board
City Hall
210 Main Street
Northampton, Massachusetts 01060
Re: Fairway Village, Inc.
Declarant of Fairway Village Condominium
Dear Mr. Tobin:
In a letter dated April 28, 1986, you have raised
questions concerning the ownership of the "Golf Common Area"
in the captioned project. This letter is to explain that
ownership and encloses copies of documents which record the
relationships described.
The Master Deed creating the Fairway Village Condominium
dated February 21, 1985, and recorded in the Hampshire County
Registry of Deeds on March 1, 1985, in Book 2539, Page 220
devotes a total of 80.82 acres to the Fairway Village Condominium.
As you know that acreage consists of the land formerly owned
by the Northampton Country Club and some additional land
acquired by the developer from Barbara Harlow (f /k /a Parsons).
Under the Master Deed 15 residential units were created and a
commercial unit, the "Golf Unit ". The Golf Unit consists of
a four -acre tract with the clubhouse building, swimming pool
and various other outbuildings previously used by the Northampton
Country Club. (See "Master Deed of Fairway Village Condominium"
Section 3, seventh paragraph.) The Golf Unit owner is
entitled to exclusive use of the "Golf Common Area" and is
burdened with the responsibility for maintaining the same as
I'open space" (see Ibid and Section 11(b)). As defined in
the Master Deed, the "Golf Common Area" means the tees,
greens, fairways, rough, as well as the paths and bridges
connecting them.
To answer the question in your letter directly, the
Golf Common Area is owned by the owners of all units in Fairway
Village Condominium. However, the Golf Unit owner has the
exclusive use of the Golf Common Area and the duty to maintain
the same.
As to the relationship between the organization of
unit owners, the "Fairway Village Condominium Association ",
and the residential unit owners, you will note that the
"Fairway Village Condominium Declaration of Trust and By- Laws"
contains two separate articles, Article VI and VII separating
the operation of the residential units from the operation of
the Golf Unit. You will also note in the Master Deed of the
condominium that there are percentages of ownership within
the Residential Common Area and the Common Area of the
condominium as a whole (see Master Deed Schedule A). It is
anticipated that the residential unit owners will operate
autonomously from the Golf Unit except in matters which
actually have an impact on the Golf Unit. As to those
matters voting would be conducted using the "Common Area"
percentages and the unit owner of the Golf Unit would be
entitled to vote. The documents were structured so that the
Golf Unit owner would not be called upon to vote with the
residential unit owners except in extraordinary circumstances.
I am enclosing copies of the following documents, all
recorded in the Hampshire County Registry of Deeds:
1. Master Deed dated February 21, 1985;
2. Declaration of Trust and By -Laws;
3. Scriveners Affidavit;
4. Master Deed Amendment creating Phase 1 -B; and
5. Master Deed Amendment creating Phase 2.
If you have further questions regarding the
relationships between the unit owners in the condominium,
please do not hesitate to contact me directly.
Very truly yours,
Timothy P. Mulhern
TPM /la
cc: Mr. Richard C. Caparso
Enclosures
0451Tobin
MASTER DEED AMENDMENT
adding
Phase 1B to
Fairway Village Condominium
Pursuant to the power reserved to it in paragraph 16 of
the Master Deed dated February 21, 1985 and recorded in the
Hampshire County Registry of Deeds in Book 2539, Page 220
(the "Master Deed "), Fairway Village, Inc., hereby amends
said Master Deed to include Phase 1B by deleting paragraphs
5, 6 and 7, and replacing them with the following:
5. DESCRIPTION OF BUILDINGS. The buildings within the
Residential Common Area of Phase lA and Phase 1B of the
condominium are eight (8) in number (the "Buildings ") containing
a total of thirty (30) Residential Units as depicted in two
plans, one entitled "Record Plan of Phase 1A, Unit Residential
Area in Northampton, Massachusetts Surveyed for Fairway
Village, Inc." recorded in the Hampshire County Registry of
Deeds Plan Book 131, Page 29 (the "Phase lA Plan ") and the
second entitled "Record Plan of Phase 1B, Unit Residential
Area in Northampton, Massachusetts, surveyed for Fairway
Village, Inc." recorded in the Hampshire County Registry of
Deeds Plan Book 1 3 S , Page ao ( the "Phase 1B Plan ") . The
Buildings shown on the Phase lA Plan and the Phase 1B Plan
are as more fully described on two plans, one entitled "Plan
of Units 1 -15 in Phase 1 -A Fairway Village Condominium
Northampton, MA" consisting of four (4) sheets dated February
21, 1985 recorded in Plan Book 131, Pages 30 - 33 at the _
Hampshire County Registry of Deeds and the second entitled
"Plan of Units B -1 through B -15, Phase 1B Fairway Village
Condominium, Northampton, Massachusetts" consisting of four
(4) sheets dated September 20, 1985 recorded in Plan Book /3 5.,
Pages do -a in the aforesaid Registry, both sets of unit
plans being collectively referred to as the "Building Plans ".
The Buildings contain two, three, four or five units. All
Buildings shown on the Building Plans are two story wood
frame buildings with concrete basements, clapboards for
siding, and asphalt shingle roofs. The structures in the
Golf Unit include a three story concrete block building with
a flat asphalt roof and wood trim and deck, a swimming pool
and two smaller wood frame buildings one used for storage and
maintenance and the other used as a Bath House.
6. DESCRIPTION OF UNITS. A description of each
Residential Unit comprising Phase 1 (Phases lA and 1B
combined) of the Condominium, a statement of its approximate
area and number of rooms, are set forth on Schedule A,
attached hereto and made a part hereof. The Golf Unit is
described in Sections 4, 5 and 8 hereof, depicted on the Site
Plan and its percentage of Common Area is set forth in
Schedule A hereof.
7. INTEREST OF UNIT OWNER. The owners of each unit
shall be entitled to an undivided interest in the common
areas and facilities of the condominium in the percentages
set forth in Schedule " A " attached hereto. The percentage
interest of the respective Units in the common areas and
facilities has been determined on the basis of the approxi-
mate relation which the fair value of each unit at the date
hereof bears to the aggregate fair value of all the units,
including Phase 1 (Phase lA and Phase 1B combined) only. As
additional phases are included by amendment to the Master
Deed Schedule A will also be amended to reflect the change in
Appurtenant Interests. Schedule C provides relative values
for use in determining the percentages for all the units when
the additional phases of the condominium are added.
Fairway Village, Inc. further amends said Master Deed by
deleting Schedules A and B thereof and replacing Schedule A
only with a new Schedule A which is annexed hereto and made a
part hereof. Schedule B is intentionally deleted.
In witness whereof, the said Fairway Village, Inc. has
caused this instrument to be executed as a sealed instrument
this 900% day of September, 1985.
FAIRW VILLAqE, INC.
W
chard - C. Caparso, Pres' ent
and Treasurer
COMMONWEALTH OF MASSACHUSETTS
Hampden, ss. b-r ' oia, 1985
Then personally appeared before me RICHARD C. CAPARSO,
being the President and Treasurer of FAIRWAY VILLAGE, INC.
and acknowledged the foregoing instrument to be the free act
and deed of FAIRWAY VILLAGE, INC.
No ary b is
My Commission Expires: 3,t9 S*
04DeedAmendmentFairway
FAIRWAY VILLAGE C ONDOMINIUM MASTER DEED
SCHEDULE A
LEGEND:
Phase 1
2Br, 1 %,B, Fb
(Combining Phases lA
and 1B)
L =
Living Room
Fb = Full Basement
D =
Dining Room
Lf = Loft
K =
Kitchen
B = Bath
Br =
Bedroom
Garage = a one car
garage is built
into each unit
Approximate
Residential
Unit
Living Space
Common
Common
Unit #
Type
Area
(Sq. Ft.) Rooms
Area ( %)
Area ( %)
Al
Ax
1462
L, D, K, Lf,
2.91
3.4325
2Br, 12B, Fb
A2
A
1390
L, D, K, Lf
2.73
3.22
2Br, 1ZB, Fb
A3
Ax
1462
L, D, K, Lf,
2.91
3.4325
2Br, 1 % 2 B, Fb
A4
Ax
1462
L, D, K, Lf
2.91
3:4325 '
2Br, 1ZB, Fb
A5
A
1390
L, D, K, Lf,
2.73
3.22
2Br, 1 % 2 B, Fb
A6
A
1390
L, D, K, Lf,
2.73
3.22
2Br, 12B, Fb
A7
Ax
1462
L, D, K, Lf,
2.91
3.4325
2Br, 12B, Fb
A8
Ax
1462
L, D, K, Lf,
2.91
3.4325
2Br, 1-,B, Fb
A9
A
1390
L, D, K, Lf,
2.73
3.22
2Br, 12B, Fb
A10
A
1390
L, D, K, Lf,
2.73
3.22
2Br, 1 %,B, Fb
Unit
Unit # Type
All
Ax
Al2
Ax
A13
A
A14
A
A15
Ax
B1
Bx
B2
B
B3
B
B4
Bx
B5
Ax
B6
A
B7
A
B8
Ax
B9
Ax
B10
A
Bll
A
B12
A
.
Approximate
Living
Space
Area (Sq.
Ft.) Rooms
2.91
1462
L, D, K, Lf,
3.4325
2Br, 12B, Fb
1462
L, D, K, Lf,
3.22
2Br, 12B, Fb
1390
L, D, K, Lf,
3.4325
2Br, 12B, Fb
1390
L, D, K, Lf,
3.22
2Br, 1%,B, Fb
1462
L, D, K, Lf,
2Br, l -,B, Fb
1535
L, D, K, Lf,
2Br, 2 %,B
1464
L, D, K, Lf,
2Br, 2%
1464
L, D, K, Lf,
2Br, 2 %
1535
L, D, K, Lf,
2Br, 2%
1462
L, D, K, Lf,
2Br, 1 %,B, Fb
1390
L, D, K, Lf,
2Br, 1 % Fb
1390
L, D, K, Lf,
2Br, 1 % Fb
1462
L, D, K, Lf,
2Br, 12B, Fb
1462
L, D, K, Lf,
2Br, V-,B, Fb
1390
L, D, K, Lf,
2Br, 1 % Fb
1390
L, D, K, Lf,
2Br, l�B, Fb
1390
L, D, K, Lf,
2Br, 1 % Fb
Residential
Common
Common
Area ( %)
Area ( %)
2.73
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.91
3.4325
2.91
3.4325
2.73
3.22
2.73
3.22
2.73
3.22
Unit
Unit # Type
B13 Ax
B Bx
B15 Bx
Golf
Unit :
Approximate
Living Space
Common
Residential
Common
Area (Sq. Ft.)
Rooms
Area (%)
Area ( %)
1462 L, D,
K, Lf,
2.91
3.4325
2Br,
1' B, Fb
1535 L, D,
K, Lf,
2.91
3.4325
2Br,
2-
1535 L, D,
K, Lf,
2.91
3.4325
2Br,
2-
" 15.22
N
Inapplicable, for a description of the Golf Unit. See Sections 4, 5 and 8
of the Master Deed.
Please note that the original Master Deed referred to Units Cl and C2 in
an area designated as the "Overlook ". These Units have been redesigned as
B14 and B15 and the designation of the "Overlook" has been discontinued.
04 DeedAmendmentFairway
pshire ss.
na, ;•, f — 0 C C a,i % --�- -- minutest .M., Recd, ent'dattd
exam'd with Hampshire Reg, of Deeds. I3oor / � ,
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