1.
USE: No part of the property shall be used for any
purpose except residential and common recreational purposes for which the
property was designed. No unit or any
portion thereof may be used as a professional office or other business purpose
whether or not accessory to a residential use or allowed by the Hopkinton
Zoning By-Laws without the expressed prior written consent of the Trustees. {modified 1999}
2.
OWNER
OCCUPATION: The Indian Brook Condominium Units are
to be owner occupied. Unit Owners shall
not rent or lease their units without the expressed prior written consent of
the Trustees. {modified 1999}
3.
NO
OBSTRUCTION OF COMMON AREAS: There shall be no obstruction
of the Common Areas, nor shall anything be stored in the Common Areas without
the expressed prior written consent of the Trustees.
4.
5.
EXTERIOR
OF UNITS: Unit Owners shall not cause or permit
anything to be hung or displayed on the windows or placed on the walls or doors
of the buildings, and no sign, awning, canopy, shutter, radio or television
antenna shall be affixed to or placed upon the exterior walls or doors, roof or
any part thereof or exposed on any window, without the expressed prior written
consent of the Trustees. Unit Owners
shall also not cause or permit a window air conditioner to be installed without
prior written consent of the Trustees.
All curtains on any window shall have a white lining or backing, unless
the expressed prior written consent of the Trustees permits otherwise.
6.
NAMEPLATES:
Unit Owners may place their names only in such places outside the Unit or any
designated portions of Common Areas and Facilities as may be provided for by
the Trustees; the print of such name to be in a size and style approved by the
Trustees. Nothing in this paragraph,
however, shall apply to the Declarant, as long as Declarant and/or its successors in interest own any Units
for sale or for rent. Declarant may use whatever advertising, promotion or
marketing means it deems appropriate in the sale or renting of units so long as
it does not conflict with the rules and regulations of the Indian Brook
Condominium Trust. {modified 1999}
7.
NO
OFFENSIVE ACTIVITY: No noxious or offensive activity
shall be carried on in any Unit, or in the Common Areas and Facilities, nor
shall anything be done therein, either willfully or negligently, which may be
or become an annoyance or nuisance to the other Unit Owners or occupants. No Unit Owner shall make or permit any
disturbing noises 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 Unit Owners.
8.
RADIOS,
PHONOGRAPHS, MUSICAL INSTRUMENTS: The volumes
of television sets, radios, phonographs, musical instruments, and the like
shall at all times, be kept at a sound level which will not disturb or annoy
other occupants of the Condominium.
9.
LAUNDRY:
No Unit Owner shall hang, display or expose, laundry clothes, sheets, rugs,
drapes and the like out of a Unit, or any Exclusive Use Area, or upon any of
the Common Areas and Facilities.
10. SIGNS:
Unit Owners shall not display or maintain or cause to be displayed or
maintained any signs including "For Sale", "For Rent" or
"For Lease" signs and any other like advertisement sign in any Unit,
Common Area or Facility of the Condominium.
Notwithstanding anything to the contrary herein, the right is reserved
by the Trustees to place "For Sale", "For Rent", or
"For Lease" signs or other like advertisement signs on any unsold or
unoccupied Units or on any part of the Common Areas of the Condominium. The right is also reserved for the benefit of
such party as may manage the recreational facilities of the Condominium, to
place at locations approved by the Trustees, such signs as are approved by the
Trustees. {modified
1999}
11. STORAGE: There shall be no parking of baby carriages
or playpens, bicycles, wagons, toys, vehicles (except permitted vehicles in
Exclusive Use Areas as provided herein), benches or chairs on any part of the
Common Area. All of the furnishings,
items of personal property, effects and other items of Unit Owner and person
claiming by, through, or under said Owner may be kept and stored at the sole
risk and hazard of said Owner within the Unit, and if damage or loss is caused
by water or otherwise, or by the leaking or bursting of pipes, by theft or from
other cause, no part of said loss or damage in excess of the amounts, if any,
covered by its insurance policies, is to be charged to or to be borne by the
Condominium Trust, except that the Condominium Trust shall in no event be
exonerated or held harmless from liability caused by its negligence.
12. ARCHITECTURAL INTEGRITY:
Nothing shall be done in, on or to any Unit or Common Facility which will
impair the structural integrity of the Buildings or which would structurally
change the Buildings without the expressed prior written consent of the
Trustees.
13. CONSTRUCTION, ALTERATION OR
REMODELING: Any construction, alteration or
remodeling work which affects the structure of any Building and which is not
otherwise prohibited herein or by the Master Deed shall be undertaken by any
Unit Owner only after written approval by the Trustees specifying the nature
and scope of the work. Nothing herein
prohibits emergency repairs however.
14. ABUSE OF MECHANICAL SYSTEMS:
The Trustees may charge to a Unit Owner any damage to the mechanical, electrical,
or other building service system of the Condominium caused by misuse of those
systems.
15. FLAMMABLE MATERIALS, ETC.:
No Unit Owner or any of his agents, servants, employees, licensees or visitors
shall, at any time, bring into or keep in his Unit or any portion of the Common
Area or the Buildings, any gasoline, kerosene, or other hazardous, flammable,
combustible, or explosive fluid, material, chemical, or substance, except such
lighting, cleaning, and other fluids, materials, chemicals, and substances as
are customarily incidental to residential use.
{modified 1999}
16. EQUIPMENT COMPLIANCE:
All radios, televisions, or other electrical equipment of any kind or nature
installed by Unit Owners or used in each Unit shall fully comply with all
rules, regulations, requirements, or recommendations of the Board of Fire
Underwriters, or similar board, and the public authorities having jurisdiction,
and the Unit Owner alone shall be liable for any damage or injury caused by any
radio, television, or other electrical equipment in such Unit.
17. ACCESS TO UNITS:
The Trustees or their designated agent shall have right of access to each unit
for the purposes of emergency repair and inspection pursuant to the Condominium
Master Deed and Trust. The Trustees or
their designated agent, may enter any room or Unit in
the Buildings of the Condominium at any reasonable hour after reasonable
notification to the Unit Owner (except in case of emergency) for the purpose of
inspection of such unit and for the purpose of performing work.
18. PETS:
No dogs, cats, birds, fish, reptiles, or any other animal shall be raised, bred
or kept in any Unit or in the Common Areas, except that dogs, cats or other
animals commonly recognized as household pets, owned by Unit Owners at the time
of purchase of their Unit. Owners may not exceed one (1) pet per Unit; it may
be kept in Unit with the expressed prior written consent of the Trustees. Once an original animal, which has been
granted permission to remain upon the premises, has been permanently removed
from the premises or has died no replacement of said animal shall be made
without the expressed prior written permission of the Trustees. If a pet creates noise, is allowed to be
outdoors without a leash and supervision, or in any way creates a disturbance
or unpleasantness, the Trustees may revoke their consent and request that the
pet be removed from the Condominium, and the owner of the pet must immediately
comply with such request. No pet shall
be allowed to relieve itself on walks or streets. Pets are not to be gated on the decks. Pet owners shall be responsible for cleaning
pet waste or damage. Each Owner shall
hold the Trustees and each of the other Unit Owners and their respective agents
and employees harmless against loss, liability, damage or expense for any
actions of his pet within the Condominium.
{modified 1999}
19. PARKING:
Unit Owners shall have the exclusive right to use one (1) parking space as
designated by the Trustees. Said parking
space is to be used for the sole purpose of parking registered motor vehicles.
Specifically excluded is the parking of commercial vehicles (except that said
parking space may be used by commercial vehicles in the case of an emergency),
campers, recreational vehicles, boats and the like. No unregistered motor
vehicles may be parked or kept in the parking spaces or in Common Areas at any
time. No repairing of automobiles (including motorcycles, trucks, or other
types of motor vehicles, shall take place within the Condominium. {modified 1999, 2005}
20. KEYS/LIABILITY:
If any key or keys are entrusted by a Unit Owner or occupant or by any member
of his family, or by his agent, servant, employee, licensee or visitor, to any employee
of the Trustees, whether for such Unit or an automobile, trunk or other item or
personal property, the acceptance of the key shall be at the sole risk of such
Unit Owner or occupant and the Trustees shall not be liable for injury, loss or
damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith. {modified
2005, restored 2010}
21. OBLIGATION OF MAINTENANCE AND
REPAIR: Each Unit Owner shall be obligated to
maintain and keep in good order and repair his own Unit in accordance with the
provisions of the Trust and shall not sweep or throw or permit to be swept or
thrown therefrom, or from the doors and windows
thereof, any dirt or other substance.
22. REFUSE:
No trash or garbage generated by any Unit Owner shall be kept in the Common
Areas and Facilities except in areas thereof which are provided and designated
by the Trustees for trash and garbage storage.
Notwithstanding anything contained herein to the contrary, all trash or
garbage placed in the Common Areas for disposal shall be kept in tan or beige
colored trash barrels with covers that close the barrels securely. {modified 1999}
23. REAL ESTATE TAXES:
{obsolete, removed 2010}
24. MISCELLANEOUS:
a) The use of the Common Areas, by Unit Owners,
as well as the safety and maintenance of all personal property of the Unit
Owners kept in such areas and in the Units themselves, shall be the
responsibility and at the sole risk of the respective Unit Owners, and neither
the Trustees, the Grantor, nor their respective agents, servants, employees,
successors or assigns, shall bear any responsibility therefor.
b) Each Unit Owner assumes responsibility for
his own safety and that of his family, guests,
agents,
servants, employees, licensees and lessees.
c) Any consent or approval given under these
Rules and Regulations may be added to, amended, or repealed at any time by the
Trustees.
d) These Rules and Regulations may be amended
from time to time as provided in the Trust.
e) Basements located within the buildings are not
to be used for dwelling purposes as defined by the Hopkinton Zoning By-Laws.
f) The Trustees reserve the right to assess a
reasonable penalty fee to any Unit Owner for an infraction of any of the
foregoing Rules and Regulations.
g) In the event the Trustees commence a legal
action, at law or in equity, to enjoin a Unit Owner from the breach of these regulations and/or
force compliance with one or more of these Rules and Regulations, the Unit
Owners or owners against whom any such action is against shall be responsible
for all legal fees and costs of such suit, including attorney's fees, expended
and/or accrued by the Trustees.
h) In the event of the foregoing Rules and
Regulations, or any portion thereof shall for any reason be held to be invalid,
illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect the validity or enforceability of any other
Rule or Regulation or any portion of any Rule or Regulation which has not been
held to be invalid, illegal, or unenforceable.
i) Complaints of violations of these Rules and
Regulations should be made to the Trustees in writing. If the Trustees feel that the complaint is
justified, they will take whatever action they deem necessary. The Trustees will notify the complainant in
writing as to what action has been taken.
{modified 1999}
j) The Trustees shall have the authority and
duty to enforce these Rules and Regulations, but, in their discretion, may
delegate such enforcement authority and duties under these Rules and Regulations
to whomever they deem desirable.
25. USE
OF THE SEWERS:
Sec. 1--No person shall discharge or
cause to be discharged any storm water, surface water, groundwater, roof
run-off, or subsurface drainage to any sanitary sewer.
Sec. 2--No person shall discharge or
cause to be discharged any of the following described waters or wastes to any
sewers:
(a)
Any gasoline, benzene, naphtha,
fuel oil, or other flammable or explosive liquid, solid or gas.
(b)
Any waters or wastes containing
toxic or poisonous solids, liquids, or gases in sufficient quantity, either
singly or by interaction with other wastes, to injure or interfere with any
sewage treatment process, constitute a hazard to humans or animals, create a
public nuisance, or create any hazard in the receiving waters of the sewage
treatment plant.
(c)
Any waters of wastes having a pH
lower than (5.5), or having any other corrosive property capable of causing
damage or hazard to structures, equipment, and personnel of the sewage works.
(d)
Solid or viscous substances in
quantities or of such size capable of causing obstruction to the flow in
sewers, or other interference with the proper operation of the sewage works
such as, but not limited to, ash, ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground
garbage, whole blood, paunch manure, hair and fleshings,
entrails and paper dishes, cups, milk containers, etc. either whole or ground
by garbage grinders.
Sec.
3 No person shall discharge or cause to
be discharged the following described substances, materials, waters, or wastes
if it appears likely in the opinion of the Trustees or their agent that such
wastes can harm either the sewers, sewage treatment process, or equipment, have
an adverse effect on the receiving stream, or can otherwise endanger life,
limb, public property, or constitute a nuisance. In forming the opinion as to the
acceptability of these wastes, the Trustees or their agent will give consideration
to such factors as the quantities of subject wastes in relation to flows and
velocities in sewers, materials of construction of the sewers, nature of the
sewage treatment process, capacity of the sewage treatment plant, degree of
treatability of wastes in the sewage treatment plant, and other pertinent
factors. The substances prohibited are:
(a)
Any liquid or vapor having a
temperature higher than one hundred fifty (150F)(65C).
(b)
Any water or waste containing
fats, wax, grease or oils, whether emulsified or not, in excess of one hundred
(100) mg/l or containing substances which may solidify or become viscous at
temperatures between thirty-two (32) and one hundred fifty (150F)(0 and 65 C).
(c)
Any food that has not been
properly shredded. The installation and
operation of any garbage grinder equipped with a motor of three-fourths (3/4)
horsepower (0.76 hp metric) or greater, shall be subject to the review and
approval of the Trustees or their designated agent.
(d)
Waters or wastes containing
substances which are not amenable to treatment or reduction by the sewage
treatment process employed, or are amenable to treatment only to such degree
that the sewage treatment effluent cannot meet the requirements of other
agencies having jurisdiction over discharge to the receiving waters.
26. PROTECTION FROM DAMAGE: No
unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface, or tamper with any
structure, appurtenance, or equipment which is a part of the sewage works. Any person violating this provision shall be
subject to immediate arrest under charge of disorderly conduct, destruction of
property and made liable for all damages. {modified 2005}
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All rights reserved.