16A-020 Fairway Village Association Notes & Regulations1 t
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Philip P. Caparso
34 Adams Street i
Worcester, Massachusetts
Carol Jandro Village, Inc.
c/o Fairway i
38 Strand Place
Southbridge, Massachusetts
The officers of the Association shall consist of a
President, a Vice -Press ent, a Tr rand a Clerk. The
initial officers shall be app
Subsequent officers shall be elected by and serve at the
pleasure of the Trustees. The President and the Vice- Presi
dent shall be members of the Association.
The By_Law of the Association hereafter the `
"By- laws ", shad efer to hose By -Laws of the Association
which have been duly e-do ith the rov
pted in accordance w pi-
sions of Chapter 183A of the General Laws of Massachusetts by
the Board of Trustees and are incorporated herein by refer-
ence. The By -Lars shall also include such amendments thereto
as may from time to time be enacted in accordance with the
terms thereof.
The Rules any Re ulag Lions shall refer to those ;
rules and regu ations as may a hereafter adopted by the +
Board of Trustees o. i�hc Association for the use of the
common areas and f � cilt nflict F with a existing Villag lawrdtherMaster
which shall not be in
Deed or the By -Laws.
Golf Unit shall be a single u nit
ate9 th the
without a number de=_ :?nation but design in
described in Section hereof as shown as the "Golf s,pa_kin bui
The Golf Unit shall `co!lsontaof t withir areaddegignated on
area and pl sw imming p`
the Site Plan c shall have exclusivesusecofsthe Golf Common
land so design ated, the responsibility to maintain
Area and shall be burdened by ore fully
the said Golf Common Area as "op en space" as . m
described herein and in the Unit Deed conveying title thereto.
Golf common Area shall mea;i the tees and greens as
designated in a Site P =an descr -in b not her as
well as the fairways, rough, path and
the greens and tees.
Residential Units are the numbered units shown on
the Plan describe in Section 5 hereof.
Residential Commo of Chap t
Chap 183A the
Plan as P
the lands matte to e )
Mass. General Laws which is ph es thehSite the area
lA and 1B and subsequ p
designated on such plan as "Additional Residential C:+mmon Area f
Reserved for Future Phases
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5. DESCRIPTION OF BUILDINGS. The buildings within the
Residential Common Area of Phase IA (the *Hillside*) of the
condominium are four (4) in number (the "Buildings ") containing
a total of fifteen (15) Residential Units as depicted in a plan
entitled "Record Plan of Phase JA, Unit Residential Area in
Northampton, Massachusetts Surveyed for Fairway Village, Inc."
recorded in the Hampshire County Registry of Deeds Plan Book
/31 Page * I? (the "Phase 1A Plan"). The Buildings shown
on the Phase 1A Plan are as more fully described on a plan
entitled "Plan of Units 1-15 in Phase 1'-'A Fairway Village
Condominium Nort ampton, MA" consisting of four (4) sheets
dated rJ&9 Re "Building Plans recorded in Plan Book
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131 , Pages 30 - 43 at the Hampshire Co unty Registry
— of — Deeds simuTt with this Master Deed. The Buildings
contain three or four 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 1A 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 "All 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,
initially including Phase 1A 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 B hereof depicts projected changes to the percentages
in Schedule A for the addition of the units in Phase 1B and
Schedule C provides relative values for use in determining
the percentages for all the units when the additional Phases
of the condominium are added.
8. BOUNDARIES OF UNITS
(a) The boundaries of the units other than the
Golf Unit are as follows:
Flcors: The upper surface of the joist on which
the floor rests or concrete floor as the case may be.
Walls and Ce 181 : As to walls and ceilings the
plane of tFe �interior iuN of the joists or studs or
concrete walls in basements. If any person shall own two or
more adjoining units, the owner of said units shall have the
right and easement to provide interior access through any
adjoining wall, floor or ceiling, provided that such access
the ` d63y 77.3
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pining
s plan complies with the buildings and zoning laws of the City of
in Northampton and the owner complies with the procedures set
rne." forth in Section 10 hereof and in the By -Laws for creating
3ok such access.
sown
i Windows and Doors As to doors, the interior
surface thereof; and as to windows, the exterior plane of the
glass and the interior surface of window sashes and frames.
y i Each unit includes the ownership of all utility lines,
ngs heating and cooling duct work, plumbing, electrical, bath-
uilding ; room, kitchen and other appratus and equipment, which exclu-
ements, sively serve and are located within each such unit above the
uctures floor and outside of the walls thereof.
ding
9 pool (b) The Golf Unit includes the entire concrete
and block building located on Spring Street, the adjacent parking
lot and swimming pool and the two smaller out - buildings (the
i Bath House and the unnamed maintenance building) all of which
are shown on the Site Plan referred to in Section 2 hereof.
(c) Each unit shall be subject to and have the
benefit of this Master Deed, the By -Laws and any Rules and
Regulations promulgated pursuant thereto and provisions of
Chapter 183A.
9. PIPES, WIRES, DUCTS, CABLES, CONDUITS, PUBLIC
UTILITY LINES AND OTHER COMMON ELEMENTS LOCATED INSIDE OF
UNITS. Each Unit Owner shall have an easement in common with
the owners of all the other units to use all pipes, wires,
ducts, cables, conduits, public utility lines and other
i Common Elements located in any of the other units and serving
t his unit. Each unit shall be subject to an easement in favor
f of the owners of all other units to use the pipes, wires,
ducts, cables, conduits, public utility'lines and other
Common Elements serving such other units and located in such i
;o unit. The Trustees shall have a right of access to any such
unit to inspect the same, to remove violations of this
res provision therefrom and to maintain, repair or replace the
Common Elements contained therein or elsewhere in the
buildings.
10. MODIFICATION OF UNITS. Excepting the owner of Golf t
Unit, no owner of any unit may, at any time make any change
or modifications of the exterior of said unit or any interior
changes that would affect, or in any way modify, the struc-
tural or supportive characteristics of the building or its
services; however, such owner may at any time and from time
to time, change the use and designation of any room or space
within such unit, subject always to provisions of this Master
t - Deed and the provisions of the By -laws of the Association and
any Rules and Regulations promulgated thereunder. The owner
of the Golf Unit may modify the Golf Unit at will including
razing existing structures and constructing additional
structures except that all such modifications shall be made
entirely within the Golf Unit and shall not impede the main-
tenance of the Golf Common Area as "open space" as more fully
described in Section 11 ? hereof. Any and all such work shall
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be done in a good and workmanlike manner pursuant to a
building permit duly issued by the City of Northampton, where
required, and for modifications of Residential Units shall be
done pursuant to plans and specifications which have been
Suchlapproval shallpnotebebunreasonablyewithheld or
s delayedn� the G
11. RESTRICTIONS ON USE OF UNITS.
(a) Residential Units. The following use restric-
tions shall app y to a Resi ent
Residential Units are hereby restricted to resi-
dential use by the Unit owner(s) thereof except as permitted
by the Board of Trustees under the By -Laws. Residential
units shall be permanently occupied by no more than two shall be
persons per bedroom as a single - family residence =ovisions of
used for no other purpose. Notwithstanding any p
this paragraph to the contrary, however, the Declarant, its
successors or assigns, have the right, until all units in the
Fairway Village Condominium have been sold by them, to use
any unit or common or community area or facility owned by
them for models and for sales, construction, storage.and
administration. The said Declarant, its successors and
assigns shall have the further right to let or lease any
units, which have not been sold by it, including any such
unit later acquired by it, upon such terms and for such
periods as Declarant in its sole discretion shall determine,
provided such unit is continually offered for sale by the
Declarant.
No industry business, trade, commercial or pro-
fessional activities shall be conducted, maintained o
permitted on any part of the common area immediately adjacent
to the Residential Units nor in any Residential Unit, nor
shall any "For Sale ", "For Rent" or "For Lease" signs or
other window dispidys or advertising be maintained or per-
mitted nor shall any Residential Unit N a usestandiented for
transient, hotel or motel purpo
foregoing, the Declarant and the Trustees, or their agents,
may place "For Sale ", "For Rent" or "For Lease" signs on any
unsold or unoccupied Residential Unmas'hthelownersof
hereby given 'to any mortgagee, y become such
any Unit, to place such signs on any sign o wn ed
bearrger than one
mortgagee, but in no event will any
(1') foot by two (2') feet.
The Trustees, or their designated agent, ions
a pass key to the units for use in emergency
No owner shall alter any lock or install a new lock on any
door of the premises without the written consent of such
Trustee. In case such consent is given, the owner shall
provide the Trustees, or their agent, with an additional key
pursuant to its right of access to the demised premises.
Nothing shall be done in any Residential Unit or
in, on or to.the Common Elements which will impair the
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structural integrity of any Building or which would struc-
turally change any of the Buildings.
owners shall not paint, stain, or otherwise change
the color of any exterior portion of any Building.
No noxious or offensive activity shall be carried
on in any Unit or in the common area, nor shall anything be
done therein either willfully or negligently, which may be or
become an annoyance or nuisance to the other owners or
occupants. No owner or occupant shall make or permit any
disturbing noises in the Buildings by himself, his family,
servants, employees, agents, visitors and licensees, nor do
or permit anything by such persons that will interfere with
the rights, comforts, or convenience of other owners or
occupants. No owner or occupant shall play upon, or suffer
to be played upon, any musical instrument or operate or
suffer to be operated a phonograph, television set or radio
on the premises causing disturbance to other owners or
occupants.
Owners and occupants shall comply with and conform
to all applicable laws and regulations of the United States
and of the Commonwealth of Massachusetts, and all ordinances,
rules and regulations of the City of Northampton and shall
save the Association or other owners harmless from all fines,
penalties, costs and prosecutions for the violation thereof
or non - compliance therewith.
Dogs, cats, fish and other animals commonly kept as
houGe pets may be kept in the Unit provided that any such pet
must be kept on a leash at all times while present in the
common elements and any waste created by any such pet shall
be removed from the Common Elements and disposed of by the
unit owner. The Board shall have the right to regulate the
presence of pets in the condominium in Rules and Regulations
adopted by it pursuant to the By -Laws .
Owners shall be held responsible for the actions of_
their children, tenants and their guests.
No part of the Common Elements, including but not
limited to the parking spaces and driveways, shall be used
for parking or storing of trucks, other commercial vehicles,
boats, campers, trailers, or other vehicles, items or goods.
No part of the premises shall be used for
repairing, maintaining or washing any vehicle. Provided
further, that any private passenger automobile of any type
that is inoperable, and/or unregistered, is prohibited from
the Fairway Village Condominium.
The porches, decks, patios and appurtenances
thereto are subject to such limitations and conditions as are
or may be imposed by the Trustees of the Association.
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Provided, however, that other than chairs, benches and tables
of such number, nature and of such type as are actively used
for residential purposes, no other goods, materials,
including awnings, fixtures, paraphernalia, clothes lines,
hanging clothing, blankets or other like items are to be
affixed, placed or stored on said porches, or terraces except
with the approval of the Trustees of the Association.
The use of units by all persons authorized to use °
same shall be at all times subject to the provisions
contained in this instrument, the By -Laws of the Association
and such Rules and Regulations as may be prescribed and
established to govern such use or which may hereafter be
prescribed and established by the Trustees.
The Association also reserves the right and ease-
ment to enter onto the premises, from time to time at reason-
able hours, for the purposes of reconstructing and repairing
adjoining units, common areas and facilities and to perform
any obligations of the Association, respectively, required or
permitted to be performed under this Master Deed, and /or the
By -Laws of the Association.
The maintenance, repair and improvement of the
exterior portions of the Residential Units shall be performed
by the Association and the cost of such maintenance, repair
and improvements shall be a common expense and shall be
allocated and assessed to each Unit Owner in fairway Village
Condominium as any other common expense.
These restrictions shall be for the benefit of the
owners of all of the units and the Trustees of the
Condominium Association and shall, insofar as permitted by
law, be perpetual; and to that end may be extended by -said
Trustees at such time or times and in such manner as
permitted or required by law for the continued enforceability
thereof. No owner of a unit shall be liable for any breach
of the provisions of this Section 11 except such as may occur
during his or her ownership thereof.
b. Golf Unit The use of the Golf Unit is
restricted as follows:.
The land within the Golf Common Area shall be used
and maintained as a nine hole golf course or used, in conjunc-
tion with the other areas not reserved as Residential Common
Area in the Site Plan, for "open space recreational use" in
a manner which complies with the requirements of paragraph 7
of Article XI,•Section 11.5 of the Northampton Zoning Ordinance.
The owner of the Golf Unit shall bear all costs associated `
with the maintenance of the Golf Common Area and at no time
'shall any of said costs be borne by the Association. Provided
further that any costs assessed to the Association by the
City of Northampton pursuant to Article XI, Section 11.5,
-paragraph 8 of the Northampton Zoning Ordinance shall be borne
by the Golf Unit Owner.
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The owner of the Golf Unit and guests, employees,
invitees and agents of said owner shall comply with and con-
form all applicable laws and regulations of the United
States, the Commonwealth of Massachusetts and all ordinances,
rules and regulations of the City of Northampton including
but not limited to the provisions of Article XI, Section 11.5,
paragraph 8 of the Northampton Zoning Ordinance concerning
"Common Open Space" and shall save the Association and the
Residential Unit Owner harmless from all fines, penalties,
costs and prosecutions for the violation thereof on non-
compliance therewith.
12. UNIT APPURTENANCES.
a. Residential Units Appurtenant to each
Residential Unit are the following:
An easement for the exclusive use of the porches,
patios and decks to which the sole access is from the unit.
The right to use, in common with the owners of
other units served thereby, all utility lines and other
common facilities located in any of the other units or in the
common area described in Section 9 hereof, and serving that
unit. Nothing herein shall be construed to limit the right
of any owner of a unit to use other nonexclusive common areas
and facilities in accordance with their intended purposes.
The right to use parking areas located in the
common area, subject to the Rules and Regulations of the
Board of Trustees of the Association.
Membership in the Association which shall be in the
aame percentage as the Unit owner's common interest, which
membership is not assignable nor severable from ownership of
such unit.
b. Golf Unit Appurtenant to the Golf Unit are
the following:
The exclusive use of the Golf Common Area, as
defined herein.
The right to use in common with all other unit
owners the Common Elements not reserved exclusively to other
units.
Membership in the Association which shall be in the
same percentage as the unit owner's common interest which
membership is not assignable nor severable from ownership of
the Unit.
All of the units shall have appurtenant thereto, in
common with each other, the right and easement to use the
remaining lawn area, parking areas and walkways of the said
premises, subject to and in accordance with restrictions,
limitations, provisions, and conditions as hereinbefore and
hereinafter set forth in thin Master Deed and the provisions
f.
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of the By -Laws of the Association, and the Rules an egula
tions promulgated under the By -Laws.
13. COMMON AREAS AND FACILITIES. The common areas and
facilities of the Fairway Village Condominium (the "Common
Elements ") comprise and consist of:
(a) land described in paragraph 2 hereof, as may
from time to time be amended, together with the benefit of
and subject to the rights and easements referred to in para-
graph 2 hereof and common areas and facilities shown on the
Site Plan;
(b) The foundations, columns, girders, beams,
supports, party walls, common walls, main walls, roofs, and
other supporting and enclosing members of the Buildings
containing the Residential Units comprising the Condominium.
(c) Installations of central services such as
power, cable television, light, telephone, gas, water and
sprinkler systems, subject to easement and ownership rights
in servicing entities.
(d) All utility lines and other facilities con-
tained within the common areas and /or within any unit except
those which exclusively serve individual units and are
located within the individual units.
(e) All sewer, drainage, water and other pipes and
plumbing apparatus and conduits, subject to easements therein
and therefore.
(f) The patios, porches, decks, yards, lawns,
gardens, driveways, walkways, and the improvements thereon
and thereof, including walls, railings, steps, lighting -
fixtures and plants, excepting those of the enumerated items
found entirely within the Golf Unit.
(g) The outdoor parking spaces thereof, except
those found entirely within the Golf Unit.
(h) All other parts of the premises not defined as
part of the units and not included within the items listed
above and all aparatus and installations existing (including
any replacements thereof) or on the premises for common use
or necessary or convenient to the existence, maintenance,
safety or enjoyment of the Condominium or of all buildings
and facilities therein.
(i) All other items listed as such in said Chapter
183A and located on the land described in paragraph 2 hereof.
14. ENCROACI-L*SENTS. If any Unit, now or hereafter,
encroaches upon any other unit or upon a portion of the
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Common Areas and Facilities, or if any portion of the Common
Areas and Facilities, now or hereafter, encroaches upon any
unit as a result of the alteration or repair of such building
or unit, the settling of a building, or a unit therein, as a
result of repair or restoration of a building or any unit
after damage by fire or other casualty, or as a result of
condemnation or eminent domain proceedings. A valid easement
for the encroachment and the maintenance of the same shall
exist so long as the buildings stand.
15. PHASING LEASE. The Declarant, prior to executing
this Master Deed, has entered into a lease of the land upon
which proposed additional buildings are to be located.
Upon the recording of an amendment to this Master Deed
pursuant to Section 16 hereof to add such additional
buildings to the Condominium, the Lease shall automatically,
without further execution or recording of any instrument,
terminate as to the land covered by such amendment and all
improvements located thereon. The Declarant reserves for
itself, its successors and assigns all the Landlord's inter-
est in said Phasing Lease until said lease is terminated in
accordance with the terms thereof.
16. AMENDMENT OF MASTER DEED. This Master Deed may be
amended from time to time by written instrument signed and
acknowledged by seventy -five I75 %) percent or more of the
unit owners in the aggregate in interest of the undivided
ownership of the common areas and facilities of the Condo-
minium and filed with the Hampshire County Registry of Deeds;
provided, however, that the assent by a unit owner of a unit
encumbered by a first mortgage upon an instrument of amend-
ment of this Master Deed shall not be effective unless
countersigned on said instrument of amendment or otherwise
assented to upon a document filed with said Registry by the
holder of such first mortgage; provided, further, that the
percentage of undivided interest of each unit owner in the -
common areas and facilities, as expressed in and as may be
amended pursuant to this Master Deed, shall not be otherwise
altered without the consent of all unit owners and all
holders of first mortgages of record on units.
Notwithstanding the foregoing, Declarant, or its assigns
or its successors in title to all or any portion of the
Condominium may, at any time, without the consent of any unit
owner, or any mortgagee, unilaterally amend this Master Deed
so as to submit to the provisions of Chapter 183A of the
Massachusetts General Laws all or any combination of the
units described in the attached Schedule B which are here-
after constructed in the locations shown as Phase 1B and to
add more units in the area shown as Additional Residential
Common Area Reserved for Future Phases on the Site Plan
referred to in Section 2 hereof (the "Additions"). Any such
unit may be added in any sequence and at any location in
Declarant's sole discretion and nothing contained herein shall
constitute a warranty or representation obligating the
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Declarant to so construct or dedicate additional buildings
or units. Any such amendment shall contain with respect to
any such additions, all of the particulars required by said
Chapter 183A. •
with respect to the Additions to the Condominium
referred to,in the foregoing provisions, the following shall
apply:
(1) The Declarant or its successors in interest
shall have the right, prior to creating any new phase, to
change the number, size, layout, location and percentage
interest in the common elements of units in said new phases.
Said right shall include the right to add free - standing
garages to be sold or leased by unit owners; provided that no
such change shall increase the relative percentage interest
in common areas and facilities set forth in this Master Deed
or any amendment thereto with respect to units in Phase lA
after such units have been submitted to the provisions of
Chapter 183A of the General Laws of Massachusetts.
(2) The Declarant reserves and shall have the
right, without the consent of any Unit owner, pursuant to and
in accordance with the provisions of this Paragraph, to
develop and construct the Additions and all roads, ways,
utilities and other improvements and amenities pertaining
thereto and to grant easements across, under, over and
through the land or any portion thereof which Declarant deems
necessary or convenient in connection with the development,
construction or use of the Additions.
(3) Nothing herein shall be deemed to obligate the
Declarant to commence or complete construction of additional
buildings or other improvements on the remaining phases.
(4) The Declarant expressly reserves and shall
have the right to make such use of the common areas and
facilities of the Condominium as may reasonably be necessary
or convenient to enable the Declarant and its contractors to
complete construction of any buildings or other improvements
on subsequent phases.
(5) In the event that the Declarant, its
successors and assigns shall not include any or shall include
some but not all of the phases subsequent to Phase lA in the
Condominium by a date twenty (20) years from the date of
recording of this Master Deed, then the right reserved in
this Paragraph shall terminate and be of no effect with
respect to any of the additional phases, or any part thereof,
as shown on the Site Plan, and said additional phases shall
thereupon become part of the common elements of this
Condominium already completed.
(6) Any right or power reserved to Declarant in
this Paragraph 14 or elsewhere in this Master Deed may be
conveyed and assigned absolutely or as security, as an
appurtenant right and power or to be held in gross; however
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any such right or power may only be conveyed or assigned
specifically and a conveyance of a unit of the Condominium
shall not operate in a transfer of any such right or power.
(7) Upon completion and inclusion in the Condo-
minium of ninety -one (91) residential units, or at such
earlier time as the Declarant shall acknowledge in writing
that it has waived any further right to add Units to the
Condominium pursuant to this Section and has obtained the
prior written approval of such waiver of any mortgagee or
other party having a security interest of record in the
Declarant's right to phase the Condominium, the Declarant,
pursuant to and in accordance with the provisions of this
Section, shall execute and file a Restated Master Deed of
Fairway village Condominium comprising and consolidating
Phase IA, and all such subsequent phases as if the entire
Condominium, including all of such phases, were then and
thereby established as a completed condominium upon and
pursuant to the provisions applicable thereto as set forth in
this Master Deed and in the amendments by which such
subsequent phases are included, and in any other amendments
hereto which have been duly made and files, which Restated
Master Deed shall thereupon supercede this Master Deed and
all such amendments and shall be and constitute the Master
Deed of Fairway village Condominium as so completed.
Declarant further reserves the right and power to amend
this Master Deed to comply with requirements of the Federal
Home Loan Mortgage Corporation or the Federal National
Mortgage Association.
All unit owners, unit mortgagees and their heirs,
administrators, successors, assigns and legal representa-
tives, by their acceptance of a Unit Deed or mortgage subject
to the provisions hereof, do hereby assent to all such
amendments by Declarant and grant to Declarant and its
successors and assigns an irrevocable power of attorney,
coupled with an interest, to execute, seal, deliver and file
on their behalf any and all such amendments. In no event,
however, shall (i) the total number of units in the entire
Fairway village Condominium exceed ninety -two (92) (ninety -one
(91) residential Units plus the Golf Unit) or (ii) the unit
owners amend this Master Deed in any fashion which would
interfere with Developer's right to complete the Condominium
and add units as aforesaid.
This Master Deed may be amended, subject to the
restrictions of Chapter 183A of the General Laws of Massa-
chusetts, and except as provided otherwise in this instrument
or the By -Laws of the Association, by a vote of sixty -six and
two- thirds (66 -2/3X) percent in the interest of the unit
owners and written consent of the holdars of a majority of
the first mortgages on mortgaged units.
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If the amendment involves a change in percentage
interest of unit owners in the Cosmo Areas and Facilities,
such vote change shall require approval by one hundred (100x)
percent in interest of the unit owners, in addition to the
written consent of the holders of all first mortgages on all
the mortgaged units.
No amendment shall be effective until recorded with the
Hampshire. county Registry of Deeds.
16. TERMINATION. The unit owners may remove the
property from the provisions of Chapter 183A of the General
Laws of Massachusetts and this Master Deed by the procedure
set forth in the appropriate section of said Chapter 183A, as
may be amended from time to time.
Upon such removal, the unit owners shall be deemed
to own the condominium property as tenants in common, with
undivided interest therein in the percentage of undivided
interest previously owned by each owner in the common areas
and facilities.
The removal provided for in this paragraph and in
the -Laws of the Association shall not bar the subsequent
resubmission of the property to the provisions of Chapter
183A of the General Laws of Massachusetts.
The unit owners may not remove the property from
the provisions of Chapter 183A, as amended, and this Master
Deed until the later of (1) the date after amending the
Master Deed to include all ninety -one (91) residential units
of the proposed project, the Declarant has conveyed all of
the proposed units to unit owners, or (2) twenty (20) years
after the date of recording of this Master Deed.
17. MISCELLANEOUS. Captions The captions herein are
inserted only as a matter of convenience and for reference
and in no way define, limit or describe the scope of this
Master Deed nor the intent of any provision hereof.
Gender The use of U%e masculine gender in this
Master Deed shall be deemed to refer to the feminine and
neuter genders and the use of the singular shall be deemed to
refer to the plural, and vice versa whenever the context •o
requires.
Waiver No provisions contained in this Master
Deed shall be deemed to have been waived or abrogated by
reason of any failure to enforce the same, irrespective of
the number of violations or breaches which occur.
Invalidity The invalidity of any provision of
this Master Deed shall not be deemed to impair or affect in
manner the validity—enforcement or effect of the remain-
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provisions of this Master Deed shall continue in full force
and effect as though such invalid provision had never been
included herein.
Conf_ licts• This Master Deed is set forth to comply
with the requirements of General Laws, Chapter 183A, and in
the event of a conflict between the provisions contained
herein and the provisions of said statute, the provisions of
such statute shall prevail.
Covenants and Restrictions. The covenants and
restrictions contained in this Master Deed shall run with the
land and shall benefit and be enforceable by the Declarant,
the Association and the unit owners acting through the
Association or their respective legal representative, heirs,
successors and assigns. The property is and shall be held,
transferred, sold,.conveyed and occupied subject to the
convenants, restrictions, charges and liens and subject to
such rights of amendment and termination herein set forth.
The said unit owner shall, in the event any action be insti-
tuted to enforce these restrictions, in addition to the Court
order enforcing said restriction, be liable for the legal
expenses incurred by the Association.
IN WITNESS WHEREOF, the said Fairway Village, Inc. has
caused this n tr man of February, e exected as a sealed instrument
on this Y
/KASS�ACKUSETTS LLAC , INC. ,'
. Ara T
COmMONWMEAI
rs07
Hampden, as. Then personally appeared the above -named RICHARD C. CAPARSO,
Treasurer and President of FAIRWAY VILLAGE, INC. and
acknowledged the foregoing instrument to be the free act and
deed of FAIRWAY VILI -kGB. INC. before me.
Notary P lic
My Commission Expires:
DMO7HY PRYOR MULHOU4
My cww iwoa E"Qi .
SOPN-6w 3, 1497
04MM torDeedFairwaY
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FAMWA7 VILLAGE CONDOMM M MA.SM
DEED
SCHEDULE A
r
LEGMM
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Phalle LA
"She Hillside"
c
L - Living Row Fb = Full Basement
D = Dining Row Lf = Loft
X = Xitchen
B = Bath
Br = Bedroom
Garage = a one car garage is built
into each unit
Approximate
Residential
unit
Living Space
Common
Common
tie
Unit 0
Area (Sq. Ft.) Rooms
Area
Area (X)
Ax
1
1462 L, D, E, Lf,
5.06
6.865
2Br, IV , Fb
A
2
1390 L, D, X, Lf
4.74
6.440
2Br, lltfi, Fb
Ax
3
1462 L, D, X, Lf,
5.06
6.865
'2Br, 1LB, Fb
i
Ax
4
1462 L, V. X, Lf
5.06
6.865
!
2Br, ILA, Fb
�
A
5
1390 L, D, X, Lf,
4.74
6.440
1
M. IV, Fb
I
A
6
1390 L, D, E, Lf,
4.74
6.440
-=
2Br, IV, Fb
Ax
7
1462 L, D, K. Lf,
5.06
6.865
4
2Br, ILA, Fb
Ax
g
1462 L, D, E, Lf,
5.06
6.865
ZBr, IV, Fb
A
!
1390 L, D, X, Lf,
4.74
6.440
ZBr, IV, Fb
A
10
1390 L, D, K. Lf,
4.74
6.440
.
2Br, I Fb
i
F
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Approainate Residential
Unit Living Space Common Coon
Te Unit 0 Area (Sq. Ft.) Rooes Area Area M
A:
11
1462
L, D, X, Lf.
5.06
6.965
2Br, 1&B, Fb
A:
12
1462
L, D, X. Lf,
5.06
6.965
2Br. 1&B, Fb
A
13
1390
L. D, X. Lf.
4.74
6.460
2Br, I&B, Fb
A
14
1390
L, D, X. Lf,
4.74
6.460
2Br, 1 Fb
Ax
1S
1462
L, D, X. Lf,
5.06
6.965
23r. 1 Fb
Golf
Unit
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26.36
0
1
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• Inapplicable, for a description of the Golf Unit. Sca Sections 4, S and i
of the Master Deed.
045chedulealalrvay
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C %ffw NII(IUM MASTER DEED
FAIRWAY .VILLAG.°
SCHEDULE E
-
Phase 1
Phase 1
Percentage
Percentage
(including
s
Phase IA
(including
I -A i 1 -E
Percentage)
phase IA
Percentage
(Residential
1 -A i 1 -E
Percentage)
tial
(ReALe;;
i
Area Unit
Unit Percentage
Tie. (Colson Area
Area)_
(CEO
-
xa_e Number
�---
5.06
6.865
2.91
3.4325
Phase 1 -A Al
A=
The Hillside
4.74
6.440
2'73
3'22
•
AZ
A
5.06
6.865
2.91
3.4325
A3
Ax
5.06
6.865
2.91
3.4325
A4
A=
4.74
6.440
2.73
3.22
AS
A
• e
'
4.74
6.440
2 .73
3.22
A6
A
5.06
6.865
2.91
3.4325
A7
As .
E
5.06•
6.865
2.91
3.4325
AS
A=
4.74
6.1-40
2.73
3.22
A9
A
4.74
6.440
2.73
3.22
A30
A
5.06
6.865
2.91
3.4325
All
A=
5.06
6.865
2.91
3.4325
Al2
A=
4.74
6.440
2.73
3.22
A13
A
4.74
6.440
2.73
3.22
A14
A
•
5
6.965
2.91
3.4325
A15
A=
2.91
3.4325
Phase 1 -E E1
E:
River Bend
2.73
3.22
E2
E
2.73
3.22
r
13
E
2.91
3.4325
• B4
B:
2.91
3.4325
E5
A=
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Phase 1
,i
Phase 1
Percentage
Percentage
(including
Phase IA
(including
1 -A & 1 -B
Phase IA
Percentage
1 -A i 1 -B
Percentage)
Area
Unit
Unit
Percentage
(Residential
Percentage)
(Residential
Name
Number
T e
(Cocoon Area)
Ares)
(Cocoon Area)
Area)
B6
A
2.73
3.22
B7
A
2.73
3.22
t
B8
A:
2.91
3.4325
i
B9
A:
2.91
3.4325
B10
A
2.73
3.22
B11
A
2.73
3.22
B12
A
2.73
3.22
B13
A:
2.91
3.4325
"The
Cl
En
2.91
3.4325
Overlook"
C2
RX
2.91
3.4325
Golf Unit
26.36
0
15.22
0
04SchedulesFairvaF
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FAIRVAY VILLAGE CONDOMINIUM MASTER DEED ,
AA
SCHEDULE C
The exact unit .mix for the phases beyond Phase I has not yet been
determined. However, the Declarant has selected the f four unit
types with the characteristics described and has, for purp
percentage calculations required by Chapter 183A Section 5 assigned the ,
values listed to each such unit:
Relative Fair
Unit Type
Features Market Valuue
dining row S 89,900
A living room, g
kitchen, 2 bedroom*, a loft,
1� bathrooms, a garage
and a full basement
(approximately 1,390 sq• ft.)
As living room, dining row,
S 95,900
kitchen, 2 bedrooms,
1k bathrooms, a garage
and a full basement ft.)
(approximately 1, s q•
D � living room, dining row,
$ 89,900
kitchen, 2 bedrooms, a lcft,
a garage, 2k bathrooms,
without basement s ft.)
(approximately 1, 464 q
� living, room, dining row,
a 95,900*
kitchen, 2 bedrooms, a loft,
A bathrooms, a garage
without basement
Golf Unit 3 story concrete block clubhouse, $500,000*
swimming pool, bath house,
maintenance shed, concrete
parking lot and exclusive use
of Golf Common Area (burdened
by maintenance of same)
The Declarant has also been approached about providing additional
garage space in free standing garage buildings. If free standing g 8 e
of a Unit, $5.000 will be added to the value Of
spaces are sold as part
that Unit for purposes of computing relative fair market values.
*The foregoing values are meant only to assign relative values to the
.,U as of the date of this Master Deed and not to express the Declarant 's
understanding of the value of the Units at any other time.
04Schedule*Fairway
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Exhibit A
That certain tract or parcel of land, together with all of
the improvements thereon, situated on the Northeasterly line of
Spring Street in (Leeds) Northampton, Hampshire County. Massachu-
setts, bounded and described as follows%
Beginning at an iron pin on said Northeasterly line of
Spring Street at the Northwesterly corner of land of Richard L.
Kittredge i Carolyn E. Kittredge (formerly of one Emerson), the
same being the most Southwesterly corner of the parcel hereby
conveyed, and thence running N. 34' 43' 46' W. along said North-
easterly line of Spring Street 74.66 feet to an iron pin set at
land of Barbara G. Parsons; thence running N. 81' 20' 49' E.
83.61 feet to an iron pin; thence running N. 55' 11' 36' E.
69.80 feet to an iron pin (the last two courses and distances
being along said land of Barbara G. Parsons); thence running N.
34' 48' 24' W. partly along said land of Barbara G. Parsons and
partly along land of James P. i Alice A. Donahue 239.26 feet to
an iron pin; thence running S. 70' 33' 13' W. along said land of
James P. i Alice A. Donahue 149.87 feet to an iron pin on said
Northeasterly line of Spring Street; thence running N. 33'20'
26' W. 412.30 feet to a point; thence running N. 47 49 1 28 W.
158.24 feet to a point; thence running N. 49' 40' 41' W. 440.77
unning N. 49' 31' 58' W. 100.00 feet to
feet to a points thence r
an iron pin set at land of Archie F. Ducharme, III (the last four
courses and distances being along said Northeasterly line of
Spring Street); thence running N. 40' 28' 02' E. along said land
of Archie F. Ducharme, III 19 5 along to an n in; thence
running N. 38' 07' 05' W. pay 9
Ducharme, III and partly along land of Mary Jane McGrath i Edith
McGrath LeBeau 290.64 feet to a point; thence running N. 41' 10'
58' W. along said land of Mary Jane McGrath i Edith McGrath Le-
Beau 122.07 feet to an iron pin set at land of Martha R. Hayes i
Melinda Kemment (formerly George W. Rolland et al); thence run-
ning N. 69' 43' 49' E. 20.00 feet to an iron pin: thence running
N. 33' 46' 54' W. 166.70 feet to an iron pin: thence running S.
87' 13' 32' W. 108.14 feet to airon n; thence runnin
two S. 1 40
31' 40• E. 50.10 feet to the point of
walls at land of John Surgen i Josephine M. Surgen (the last four
courses and distances being along said land of Martha R. Hayes i said
W. Melinda Kemment); thence running S. 87' 33' 020 alongoagstone
land of John Surgen i Josephine M. Surgen, partly
wall 260.70 feet to an iron pin on the Northeasterly line of
South Main Street; thence running N. 01' 57' 42' E. 157.07 feet
to a point: thence runnin2 N. 00' 17' 37• W. 57.89 feet to a
W. 132.32 feet to a point]
point; thence running N. 32 16' 28
thence running N. 37 running N 02 80' 00• W38, 2 0
125 feet,moreore a
point thence
the centerline of the main channel of the Mill River (the last
five courses and distances being along said Northeasterly line of
erly diSouthwesterl yealongusaidgcen Southeasterly,
terline of the main channel
1
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Exhibit A (continued)
of the Mill River 4,100 feet, more or less, to a point at land of
Robert G. Bean i Helen M. Bean (formerly of Fred H. Bean et al);
thence running N. 82' 23' OB• W. 73 fea. more or less to an
& I 1 32 00 feet to an
9
iron pint thence running S. 08 23 OB
iron pint thence running S. 29' 23' 08 E. 160.19 feet to an
iron pin at said land of Richard L. Kittredge i Carolyn E. Kit-
tredge (the last three courses and distances being along said
land of Robert G. Bean i Helen M. Bean) ; thence running S. 81'
20' 49' W. along said land of Richard L. Kittredge i Carolyn E.
Kittredge 731.16 feet to the iron pin at the place of beginningt
containing 80.82 acres, more or less.
Being all and the same premises shown on a plan of land en-
titled 'LAND IN NORTHAMPTON, MASSACHUSETTS SURVEYED F
FAIRWAY VILLAGE, INC.', dated January 18, 1985, prepared by
iate, shire countyyRegistry AofoDeedssinlPlan Book /-3/, Page (o he Aamp- nd recorded
ALSO INCLUDED are the permanent utility easements and
temporary construction easements:
1. Reserved in deed of Stephen B. Monsein and Gerald A.
Jackson. to Archie F. Ducharme, III, dated June 4, 1982, recorded
in said Registry in Book 2292, Page 16; and
2. Conveyed by deed of Archie F. Ducharme, III to Stephen
B. Monsein and Gerald A. Jackson, dated June 4, 1982, recorded in
said Registry in Book 2292, Page 18; see also confirmation deed
of Archie F. Ducharme, III to Stephen B. Monsein and Gerald A.
Jackson, dated March 27, 1984, recorded in said Registry in Book
2442, Page 19.
The above described premises are SUBJECT to:
1. Rights and easement reserved in deed of the Nonotuck
Silk Company to the Northampton Country Club, dated November 3,
1908, recorded in said Registry in Book 643, Page 323;
2
eals for thedCityvofs Northampton, dated 1),e Zoni
1980, record-
of App -
ed in said Registry in Book 2164, Page 245;
3. Sanitary sewer instru instrument of t August
ton, Board of Public Works, , by by
20, 1980, recorded in said Registry in Book 2179, Page 53;
4. Terms and provisions of an Order of Conditions by North -
a dat Conserv
ed January26 C unde h We
1981 ,reco dedinsaidRegistry in Book 2213,
Page 53, as extended by instrument dated January 1, 1982, record-
ed in said Registry in Book 2261, Page 339;
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Exhibit A (continued)
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5. Terms and provisions of a decision of the Northampton
Planning Board, dated 9, 1981, recorded in said Registry in
Book 2222, Page 1301
6. Terms and provisions of an unrecorded lease by and be-
thampton p country Club, Inc., Lessee, dated November in 1981, s# o as and Gerald A. Jackson,
ineBook�2442,aPages25,eBook instrumen Page 61;
7. Mortgage from Richard C. Caparso to Gerald A. Jackson,
Fairway Associates, Inc. and M i J Enterprises, Inc., dated April
9, 1984, recorded in said Registry in Book 2442, Page 48, as sub-
ordinated by instrument dated August 1, 1984, recorded in said
Registry in Book 2480, Page 96, and as assigned by Fairway Asso-
Jackson to
ciates, Inc., M i J Enterprises, Inc. and three ee Gerald instrume is all
Shawmut Bank of Hampshire County, N.A., y
date 2510, October 2510, Page 67 and Book ,2510 Registry i
Pae 68,re peck
Page 6 6,
tively;
S. UCC Financing Statement from Richard C. Caparso to Ger-
ald A. Jackson, recorded in said Registry in Book 2442, Page 68,
as subordinated Book instrument
e mnt ate August 1, 1984, recorded in
said
9. Right of way reserved in deed of Barbara G. Parsons to
Richard C. Caparso, dated May 29, 1984, recorded in said Registry
in Book 2458, Page 91.
Meaning and intending to convey and hereby conveying all and
the same premises conveyed by deed of Richard C. Caparso to Fair-
way, Village, Inc., dated August 1, 1984, recorded in said Reg
try in Book 2480, Page 55.
The above described premises are also SUBJECT to:
1. Mortgage and Security Agreement from Fairway Village,
Inc. to Springfield Institution For Savings in the original prin-
said amount 24 da
O.00, dated August 1, 1984, recorded in
sad Registry in Book
2. UCC Financing Statement from Fairway Village, Inc. to
Springfield Institution For Savings, recorded in said Registry in
Book 2480, Page 84;
3. Collateral Assignment Of Rents An l Estatnstitument
from Fairway Village, Inc., Assignor, to Springfield
For Savings, Assignee, dated August 1, 1984, recorded in said
Registry in 80O
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