HERITAGE PARK ESTATES CONDOMINIUM TRUST

WHITINSVILLE, MASSACHUSETTS

RULES AND REGULATIONS

(Revised July 25, 1991)

(Revised March 17, 1999)

(Revised July 19, 2000)

(Revised June 16, 2004)

 

       (These rules and regulations supercede the rules and regulations of Heritage Park Estates Condominium Trust adopted on January 18, 1985, and recorded in Worcester District Registry of Deeds, Book 8533 Page 375, as an addendum to the Heritage Park Estates Condominium Trust Declaration of Trust recorded in Book 8533, page 340.)

 

1.    No unit owner shall cause the obstruction of common areas and facilities except as the Trustees may in specific instances permit.

 

2.    No baby carriages, bicycles, playpens, wagons, toys, benches, chairs or other articles of personal property shall be left unattended in the hallways, stairwells or other common areas of the buildings or grounds, including parking areas, sidewalks, lawns and under decks unless specifically designated by the Trustees.

 

3.    No dogs (except “seeing eye” dogs) or other animals, birds or pets shall be kept in or upon any unit except with permission of the Trustees. Any such permission granted will be limited to (1) such pet and shall be subject to the following regulations.

 

3.1   No animals, birds or pets shall be kept on or upon Common Areas.

3.2       All animals, including cats, shall be on a leash and under the direct control of their owners while in a Common Area. Animals shall not be tied up so as to have access to lawns or other Common Areas.

3.3       Permission to keep a dog will be limited to owners with an existing dog, for which permission to keep a dog was granted before July 1, 1991, but will not extend to new or replacement dogs.

3.4       Under no circumstances may a dog in excess of 25 pounds be kept by any person residing in a midrise unit.

3.5       Permission to keep an animal or other pet must be obtained from the Trustees in writing prior to occupancy, and may be revoked at any time.

3.6       Dogs shall not be allowed on the sidewalk around pond or on any landscaped area within the roadway encircling the pond. Dogs and cats shall not be allowed to urinate or defecate on any walk, roadway, lawn, bed, mulched or landscaped area. Dogs and cats shall only be allowed to urinate or defecate in unlandscaped wooded areas along the perimeter of the condominium property.

3.7       Any dog or other animal found in violation of the regulations or otherwise causing a disturbance will be removed from the condominium at the direction of the Trustees, but at the expense of the owner.

3.8       Residents and guests may not feed stray cats or dogs or otherwise place food on a deck, patio or common area in such a way as to be accessible to stray pets, rodents or other animals.

 

4.    No unit owner/resident shall abuse or misuse any mechanical, plumbing, electrical or other building service system or fire protection device of the condominium. In the event of such abuse or misuse, the Trustees may charge the responsible unit owner for any damage so caused.

 

5.    The parking spaces are intended to be solely for the parking of automobiles. Without express written consent of the Trustees, no buses, trucks, vans, trailers, recreational vehicles, commercial vehicles or boats may be parked in any parking space. No more than two (2) motor vehicles per unit may be parked on the condominium premises, and such motor vehicles must be parked in deeded spaces. Any motorcycle will be considered the same as an automobile and must be parked in an assigned parking space, provided suitable provisions have been made to prevent damage to the asphalt. Overnight parking shall not be permitted in any unauthorized parking space. Parking spaces designated as visitor spaces shall be limited to short term guests of residents.

 

6.    No automobile may be stored in any parking space without the express written consent of the Trustees. In the event such permission is granted, such vehicles shall be maintained in good order and kept clean at all times. Any such permission shall be limited to registered motor vehicles.

 

7.    All vehicles parked on the condominium premises shall be at the sole risk of the person so parking, and the Trustees shall not be liable for loss, destruction, theft or damage to such vehicles.

 

8.    All unit owners, residents and guests shall observe and abide by all the parking and traffic regulations as posted by the Trustees or by municipal authorities. Vehicles parked in violation of such posted regulations may be towed at the violator’s sole risk and expense.

 

9.    No resident shall make or permit any disturbing noises by himself, his family, servants, employees, agents, licensees or pets, or do or permit anything by such persons that will interfere with the rights, comfort, or convenience of other residents. The volume of television sets, radios, stereos, musical instruments and the like shall be turned down between 11:00 p.m. and 8:00 a.m. and shall at all times be kept at a sound level which will not annoy the residents of neighboring units. Vacuuming will only be permitted between the hours of 8:00 a.m. to 8:00 p.m. in the midrise units.

 

10.   No obnoxious or offensive activity shall be carried on in a unit, or in the Common Areas and facilities, nor shall anything be done therein, either willfully or negligently which may become an annoyance or nuisance to the other unit owners or occupants.

 

11.   No unit owner shall do or permit or suffer anything to be done in a unit or building which will interfere with the rights, privileges and conveniences of any other occupant, which will conflict with the provisions of any insurance policy covering the building or any part thereof, or which will violate any law, ordinance or rule or regulation of any governmental authority.

 

12.   No unit owner shall mark, paint, drill or any way deface any part of the building or otherwise cause any change to be made to the exterior of a unit or building.

 

13.   The sidewalks and roadways and general area constituting the Common Areas shall not be obstructed, encumbered or used by any unit owner or his agents, servants or employees for any other purpose than that of ingress or egress to and from a unit. Canvassing, soliciting and peddling in the buildings is prohibited, and each unit owner shall cooperate to prevent it.

 

14.   All complaints relating to a unit or a building or the services thereof or the conduct of other unit owners or occupants shall be first promptly reported to a representative of Heritage Park Estates Condominium Trust. Complaints by tenants must also be reported to the unit’s owner.

 

15.   No signs, signals or illuminations shall be inscribed or imposed on or exposed at or from any window, wall or other part of the building except that the names of the occupants of the units may be placed on a building directory by and at the expense of the Heritage Park Estates Condominium, and that the lighting appropriate to a religious season is permitted.

 

16.   All waste, rubbish and refuse shall be kept in proper receptacles in each unit ready for collection by a collection service, and nothing shall be thrown or swept into or upon the passageways, stairways, balconies or other parts of the buildings, or into toilets or sinks or out of windows or doors, No cigarettes, dust, dirt or other matter shall be swept from balconies. No unit owner shall cause or permit any offensive or objectionable odors to be produced on or to emanate from a unit.

 

17.   In addition to the provisions regarding purposes and restrictions on use set forth in the Heritage Park Estates Condominium Master Deed, no use shall be made of any unit or Common Area which is inconsistent with the provisions of the Zoning By-laws of the Town of Northbridge, as amended.

 

18.   The Heritage Park Estates Condominium Trust shall not be responsible to any unit owner for the violation by, or non-observance of, by any other unit owner these or future rules and regulations, provided that the Trust uses reasonable efforts to enforce the same.

 

19.   All windows and doors in the Common Areas of the midrise buildings shall be kept closed at all times.

 

20.   No bike riding will be permitted except in the roadways; this specifically excludes all lawns, landscaped areas, footpaths, and hallways.

 

21.   All types of window air conditioners are strictly prohibited.

 

22.   Only the screen/storm doors and exterior/interior house numbers approved by the Trustees shall be permitted.

 

23.   Balconies, patios, and decks shall only be used for their usual and customary purpose; this excludes storage of any kind, drying of clothes, clothes lines and/or racks, radio and television antennas, awnings or shades. Window boxes may not be hung from the outside of the balcony railing.

 

24.   Miscellaneous Rules and Regulations – Midrise Homes

 

24.1        Grilling or barbecuing of any kind is strictly prohibited on balconies and patios in the midrises. Residents of midrise homes may grill on association property if the grill is at least ten feet away from the building.

 

24.2        An automatic shut off device must be installed on the water line into the hot water heater when the hot water heater is replaced. All midrise homes must have an automatic water shut off device installed on the water line to their hot water heater no later than January 1, 2007.

 

25.   The Heritage Park Estates Condominium Trust reserves the right to make other and further reasonable rules and regulations, as in its judgment may from time to time be necessary or desirable for the safety, care and cleanliness of any building and the preservation of good order therein, and the efficient, economical operation thereof.

 

26.   Violation of these rules shall be punished by the assessment of fines by the Trustees. Each day that a violation continues after notice shall constitute a separate offense. Fines shall be assessed as follows:

 

       First offense............... $10.00

       2nd............................. $25.00

       3rd............................. $50.00

       4rth and subsequent. $100.00

      

Fines not paid within 30 days shall be added to condominium fees and collected accordingly.

 

27.   Miscellaneous rules and regulations for use of grounds.

 

 

27.1   Individuals are prohibited from standing, sitting, or placing personal property on the capstones on the dam at the easterly end of the pond.

27.2   Individuals are prohibited from entering the drainpipes and culverts serving the pond, or the brook leaving the pond.

 

28. Antenna Restrictions

 

       28.1 Definitions

 

       (a) Reception Antenna means an antenna, satellite dish, or other structure used to receive video-programming services intended for reception in the viewing area. Examples of video programming services include direct broadcast satellite services, multipoint distribution services, and television broadcast signals. The mast supporting the Reception Antenna, cabling, supports, guy wires, conduits, wiring, fasteners, bolts or other accessories for the reception antenna or similar structure is part of the Reception Antenna. A Reception Antenna that has limited transmission capability designed for the viewer to select or use video programming is a Reception Antenna provided that it meets Federal Communications Commission standards for radio frequency radiation. Structures dissimilar to Reception Antennas are any structure, device, or equipment that is similar in size, weight, and appearance to Reception Antennas.

 

 

       (b) Transmission Antennas mean any antenna, satellite dish, or structure used to transmit radio, television, cellular, or other signals other than Reception Antennas.

 

       28.2

 

       (a) No resident shall install a Reception Antenna on any portion of the common areas and facilities unless the area is a limited common element or exclusive use area granted pursuant to the provisions of the Master Deed creating the condominium.

 

       (b) A Reception Antenna which encroaches on the air space of another owner's unit or limited common area or onto the general common areas does not comply with this rule.

 

       (c) Tenants must obtain the written permission of the owner before they may install a reception antenna on any limited common areas as defined in the Master Deed within the owner's exclusive use or control.

 

       28.3 If a Reception Antenna is installed in a limited common area as defined in the Master Deed, such installation shall be subject to the following:

 

       (a) Reception Antenna shall be no larger than necessary for the reception of an acceptable quality signal; provided that under no circumstances shall Reception Antennas for direct broadcast satellite services be larger than one meter in diameter.

 

       (b) Due to safety concerns relating to wind loads and the risk of falling structures, masts, supports, and other structures more than twelve feet in height must receive the prior written approval of the Board. The owner must submit an application including detailed drawings of the structure and methods of anchorage.

 

       (c) Reception Antennas must be placed in areas that are shielded from view from outside the project or from other units to the extent possible; provided that nothing in this rule shall require a reception antenna to be placed where it precludes reception of an acceptable quality signal unless no acceptable reception is available in any exclusive use area. In no event may antennas be installed on roofs, lawns, or other common areas. Residents must first attempt to install the antennas within the units. If an acceptable signal is not possible, residents must next attempt to install the antenna on their own exclusive use balcony or patio (but not railing). If an acceptable signal is not received in either of these two areas, then prior to installation on any other exclusive use area, if any, the resident must first provide the Board with written certification signed under the pains and penalties of perjury by a qualified antenna installer certifying that an acceptable quality signal cannot be received in the unit or balcony or patio. Connections of wiring must be through the glass of the nearest window or sliding glass door of the unit owner and may not be connected through general common areas.

 

       (d) Reception Antennas and similar structures shall not be placed in areas where it blocks fire exits, walkways, ingress or egress from an area, fire lanes, fire hoses, fire extinguishers, safety equipment, electrical panels, or other areas necessary for the safe operation of the project. The purpose of this rule is to permit evacuation of the units and project and to provide clear access for emergency personnel.

 

       (e) Reception Antennas and similar structures shall not be placed within two feet of electric power lines and in no event shall they be placed within an area where it can be reached by the play in the electric power lines. The purpose of this rule is to prevent injury or damage resulting from contact with power lines.

 

       (f) If Reception Antennas are allowed to be placed outside the building, they must be painted to match, or be compatible with the color of the building. In addition, the Board may require a resident to install and maintain inexpensive screens or plants to shield the Reception Antenna from view.

 

       (g) Any resident installing, maintaining, or using a Reception Antenna are responsible for all costs associated with their Reception Antenna including, but not limited to, costs to: (a) repair, maintain, remove, and replace the Reception Antenna; (b) repair damages to the common elements, the unit, other units, and other property caused by the installation, existence, or use of Reception Antenna; (c) pay for medical expenses incurred by persons injured by installation, existence, or use of the Reception Antenna; (d) reimburse residents or the Association for damages caused by the installation, existence, or use of the Reception Antenna. Evidence of insurance of the installer in satisfactory kinds and amounts shall be provided to the Association prior to the commencement of work, naming the Association as an additional named insured.

 

       (i) Due to safety concerns relating to the falling of structures, all Reception Antennas shall be securely attached to the building or ground and have guy wires securing the device to the building or ground if said building or ground area is a limited common element. Otherwise, guy wires and the like may not be attached to common areas and facilities.

 

       (j) Residents shall not permit their Reception Antenna to fall into disrepair or to become a safety hazard.

       (k) No resident may install more than one (1) antenna or more than one (1) satellite dish.

 

       28.4 Process and Procedure

 

       (a) In the event of a violation of these rules, the Association may bring an action for declaratory relief with the Federal Communications Commission or any court having jurisdiction over the matter. To the extent permitted by the FCC, the Association shall be entitled to fines, reasonable attorney's fees and costs and expenses if the regulation is validated. In addition, the Association may seek injunctive relief.

 

       28.5 Transmission Antennas are prohibited.

 

       28.6 At least five (5) days prior to the commencement of any installation, the resident shall provide a copy of the Notification Form attached hereto to the Board. All work must be performed by licensed contractors. Said contractor shall also provide detailed plans and specifications prior to commencing the installation.

 

       28.7 The resident is responsible for the immediate removal of the antenna if it must be removed in order for the Association to repair, paint, or maintain the area where it is installed.

 

       28.8 If any of these provisions are ruled to be invalid, the remainder of these rules shall remain in full force and effect.

 

       28.9 The Board may amend this Resolution from time to time as it deems necessary.

 

 

 

       Witness our hands and seals as Trustees of Heritage Park Estates Condominium Trust under a declaration of trust dated January 18, 1985, and recorded in Worcester District Registry of Deeds, Book 8533, Page 340.

 

 

 

__________________________________

Henry J. Lane,                Trustee

 

 

 

__________________________________

John J. Sughrue,            Trustee

 

 

 

__________________________________

Elizabeth D. McMahon,    Trustee

 

 

 

__________________________________

Karen J. McCabe,            Trustee

 

 

 

__________________________________

Alvin S. Hamilton            Trustee                          

 

 

 

Commonwealth of Massachusetts

 

       Worcester, ss.                                                          ___________________, 2004       

 

       Then personally appeared the above named Henry J. Lane and acknowledged the foregoing instrument to be his free act and deed, as trustee, before me,

 

 

 

                                                          ______________________________________

                                                                                               ,Notary Public

                                                          My commission expires: