25A-129 goggins new day condominium master.dedCONDOMINIUM MASTER DEED
CONDOMINIUM MASTER DEED
NEW DAY CONDOMINIUM
69A, 69B, 69C DAY AVENUE
NORTHAMPTON, MASSACHUSETTS 01060
I. Creation of Condominium
The undersigned, W. MICHAEL GOGGINS and KIMBERLY F. GOGGINS, of 71 King Street, Northampton, Hampshire County, Massachusetts, hereinafter called the "Declarant," being the sole owners
of the land with the building thereon known as and numbered 69 Day Avenue, Northampton, Hampshire County, Massachusetts described on Exhibit A, attached and incorporated by this reference
and made a part hereof, do hereby, by duly executing and recording this Master Deed, submit said land, together with the building and improvements erected thereon, and all easements,
rights and appurtenances belonging thereto. hereinafter called the "Subject Property," to the provisions of Massachusetts General Laws, Chapter 183A ("Condominiums"), and do hereby
create a condominium with respect to the Subject Property, to be governed by and subject to the provisions of said Chapter 183A. The condominium shall be known as “New Day Condominium.”
II. Description of Land
The premises that constitute the Condominium consist of the land shown on the Master Plan for New Day Condominium, dated September _____, 2015 and recorded in the Hampshire Registry
of Deeds in Plan Book _______, Page ____________ (the “Plan”), and described on Exhibit A, which is attached hereto and is hereby incorporated herein by this reference and made a part
hereof, together with the building and improvements thereon.
III. Description of Building
A. The building on said land as shown on the Plan which is incorporated herein by this reference and made a part hereof consists of Units 69A, 69B and 69C which are residential condominium
units.
B. Each Unit shall have an exclusive easement and right to the use of the fenced area shown on the Plan as “Easement Area”.
Description of Units
The unit designation of each unit, and statement of its location, approximate area, number of rooms. and immediate common area to which it has access, and its proportionate interest
in the common areas and facilities of the Condominium are as set forth on the Plan and Exhibit B, which is attached hereto and is hereby incorporated herein by this reference and made
a part hereof. The boundaries of each unit with respect to the floors, ceilings, walls, doors and windows thereof, are as follows:
Floors: The surface of the subflooring;
Ceilings: With respect to all units, the plane of the bottommost surface of the floor joists, and other structural members appurtenant to such floor joists, the plane of the bottommost
surface of the roof joists and other structural members appurtenant to such roof joists;
Building Walls: With respect to all units, the plane of the wall studs facing the interior of the unit, excepting the doors and windows and the casing and trim at such doors and windows.
Pipe Chases or Other Enclosures concealed pipes, wires, or conduits within a unit are part of that unit, but the pipes, wires or conduits that serve more than one unit are part of the
common areas and facilities.
Doors and Windows that open from a unit are part of the unit from which they open, including the garage door.
Fireplaces, and flues located within chimneys, are a part of the Unit served by such fireplace and flue.
All Structural Portions of the building are part of the common areas and facilities, including the roof rafters and shingles or roofing materials.
V. Description of Common Areas and Facilities and the Proportionate Interest of Each Unit Therein
The common areas and facilities of the Condominium consist of the entire subject premises as described in paragraph (II) ("Description of Land") of this Master Deed and all parts of
the building as described in paragraph (III) ("Description of Building") of this Master Deed, excluding the Units as described in paragraph IV (“Description of Units”).
Without limiting the foregoing language in this paragraph (V), the common areas and facilities of the Condominium include:
The land described in paragraph (II) ("Description of Land") of this Master Deed.
The foundation of the Building, and all portions thereof, and all structural columns, structural lintels, girders, beams, slabs, supports. and floor, ceiling and roof beams and joists
and all structural members appurtenant to such floor ceiling and roof beams and joists, the exterior walls, and any interior bearing walls, the subflooring below the upper surface thereof,
the roof and all structural portions of the building;
Installations of central services such as power, light, drains, hot and cold water, vents, heating and heating lines, but only if and to the extent that such installations
serve more than one unit. Such equipment and installations located within and servicing a single unit are a part of the unit in which the same is located and which it services and is
not a part of the common areas and facilities;
All conduits, pipes, ducts, plumbing, wiring, flues and other facilities for the furnishing of utility services or waste removal and vents that are outside of the units and all installations
outside the units for services such as lights, power, telephone, cable television and internet cable, water, and sanitary sewer and storm water drainage;
The rain garden, permeable pavers and dry wells shown on the Plan and required by be maintained by the Site Plan Decision, Book 11999, Page 96. The Trustees shall provide an annual
maintenance report to the City of Northampton from the persons or firms conducting the maintenance of the rain garden, permeable pavers and dry wells.
Any exterior lighting devices and wires and poles serving the same, but excluding porch or deck lights servicing only one unit.
The fences that enclose the Easement Areas and the area that is enclosed, subject to the easement rights of the adjacent unit owner to the exclusive use of the Easement Area.
All other items situated on the subject property and listed as common areas in Massachusetts General Laws, Chapter 183A. except for the units described on Exhibit B hereto.
VI. Plans
The Unit Plans of the three condominium unit buildings showing the layout, location, unit numbers and dimensions of the units, and bearing the verified statement of a Registered Professional
Land Architect certifying that the plans fully and accurately depict the layout, location, unit number and dimensions of the units as built, all pursuant to Massachusetts General Laws,
Chapter 183A, have been recorded in Plan Book _______, Page ________. Said set of plans, herein sometimes called the "Unit Plans," is hereby incorporated herein by this reference and
made a part hereof.
VII. Use of Units and Right of Refusal
Each Unit is intended for residential purposes by not more than one family unit nor more than two (2) unrelated persons per bedroom; provided, however, that any of the units may also
be used as an office and/or artist's studio but only accessory to such residential use and only if and to the extent such accessory office and/or artist's studio use is permitted by
applicable zoning laws; and
No unit shall be used or maintained a manner inconsistent with the Bylaws of the Condominium Association and the rules and regulations from time to time adopted pursuant thereto.
The Trustees shall have a Right of Refusal on the sale of any Unit as set out in the Declaration of Trust, Section VII (b).
VIII. Amendment of Master Deed
This Master Deed may be amended by an instrument in writing (a) signed and acknowledged in proper form for recording by the owners of units entitled to not less than seventy five (75%)
percent of the undivided interests in the common areas and facilities and (b) signed and acknowledged in proper form for recording by not less than fifty one (51 %) percent (except
in cases where a higher percentage is required by Section 33 of the Bylaws of the Condominium Association) of the holders of first mortgages on the units (based upon one vote for each
mortgage owned), but only if such amendment would materially affect the rights of any mortgagee; and (c) signed and acknowledged in proper form for recording by a majority of the Trustees
of the Condominium Association; and (d) duly recorded in the Hampshire County Registry of Deeds, provided, however, that:
The date on which any such instrument amending this Master Deed is first signed by a Unit Owner, or mortgagee, or Trustee of the Condominium Association, shall be indicated thereon as
the date of such instrument, and no such instrument shall be of any force or effect unless and until the same has been recorded in the Hampshire County Registry of Deeds within six
(6) months after such date; and
Pursuant to the provisions of G.L.c. 183A Section 5, the percentage of the undivided interest of each Unit Owner in the common areas and facilities shall not be increased without the
consent of all Unit Owners whose percentage of the undivided interest is affected, expressed in an amended Master Deed duly recorded; and
No instrument of amendment that alters the dimensions of any unit shall be of any force or effect unless the same has been signed and acknowledged in proper form for recording by the
owner or owners and mortgagee or mortgagees of all of the units; and
No instrument of amendment that alters this Master Deed in any manner contrary to or inconsistent with the provisions of Massachusetts General Laws, Chapter 183A, shall be of any force
or effect.
Notwithstanding any other provisions of this Section, no amendment of this Master Deed shall be made if such amendment would contravene the provisions of Section 33 of the Bylaws of
the Condominium Association.
Notwithstanding anything to the contrary herein, so long as the Declarant owns two units in the Condominium, the Declarant shall have the right, at any time, and from time to time, to
amend this Master Deed without the consent of any other Unit Owners or any of
the Trustees of the Condominium Association, to meet the requirements of any governmental or quasi governmental body or agency, or the requirements of any insurance company or insurance
underwriting office or organization, or the requirements of Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, the secondary mortgage market, or any lender,
or to correct typographical or clerical errors, or to cure any ambiguity, inconsistency or formal defect or omission, or for any purpose affecting the sale of the Units except changing
he proportional interests of each unit.
IX. Condominium Unit Owners' Association
The name of the Association that has been formed and through which the Unit Owners will manage and regulate the Condominium hereby established is the New Day Condominium Association
under By-Laws to be recorded as Exhibit C herewith. Said By-Laws establish that all Unit Owners in the Condominium hereby established shall be members of said Association, and that
the beneficial interest of each Unit Owner in said Association shall be the same percentage interest as his percentage of undivided interest in the common areas and facilities as established
by this Master Deed. The initial mailing address of said Association shall be 71 King Street, Northampton, Massachusetts 01060.
The names and addresses of the Initial Trustees of said Association are as follows: W. Michael Goggins and Kimberly F. Goggins of 71 King Street, Northampton, Massachusetts 01060.
Term: As set forth in Section III of the Trust and By-Laws of the New Day Condominium Association. The Trustees of the Condominium Association have enacted Bylaws pursuant to Massachusetts
General Laws, Chapter 183A, which are attached as Exhibit D and recorded herewith.
X. Name of Condominium
The Condominium hereby established shall be known as the "New Day Condominium".
XI. Encroachments
If any portion of the common areas and facilities now encroaches upon any unit, or if any unit now encroaches upon any other unit or upon any portion of the common areas and facilities,
or if any such encroachment or encroachments shall occur at any time or from time to time hereafter as the result of (1) settling of the building, or (2) condemnation or eminent domain
proceedings, or (3) alteration or repair of the common areas and facilities or any part thereof done pursuant to the provisions of this Master Deed as the same may be from time to time
amended, or the provisions of the By-Laws of the Association as the same may be from time to time amended, or (4) repair or restoration of the building or any unit therein after damage
by fire or other casualty, then and in any of the foregoing events, a valid easement shall exist for such encroachment and for the maintenance of same for so long as the building stands.
XII. All Units Subject to Master Deed, Unit Deed, and Bylaws and Rules and Regulations of the Condominium Association
All present and future owners, tenants, visitors, servants and occupants of units and Parking Spaces shall be subject to, and shall comply with, the provisions of this Master Deed as
the same may be from time to time amended, the Unit Deed, and the Bylaws, and Rules and Regulations of the Condominium Association as the same may be from time to time amended, and
the rights, easements, agreements and restrictions of record and all matters set forth on Exhibit A hereto insofar as the same now are, or will be in the future, in force and applicable.
The acceptance of a deed or conveyance or the entering into a lease or into occupancy of any unit shall constitute an agreement that the provisions of this Master Deed as the same may
be from time to time amended, and the said rights, easements, agreements and restrictions, and all matters set forth on Exhibit A hereto, and the Unit Deed, and the Bylaws and Rules
and Regulations thereto, as the same may be from time to time amended, are accepted and ratified by such owner, tenant, visitor, servant or occupant. All such provisions shall be deemed
and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such unit as though such provisions were recited or stipulated
at length in each and every deed or conveyance or lease or occupancy agreement hereof.
XIII. Federal Home Loan Mortgage Corporation; Federal National Mortgage Association
Reference is hereby made to Section 33 of the Bylaws of the New Day Condominium, which is hereby incorporated herein by this reference and made a part hereof.
XIV. Invalidity
The invalidity of any provision of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed,
and in such event, all of the provisions of this Master Deed shall continue in full force and effect as if such invalid provision had never been included herein.
XV. Waiver
No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or
breaches that may occur.
XVI. 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 or the intent of any provisions
hereof.
XVII. Conflicts
This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts. In case any of the provisions stated above conflict
with the provisions of said statute, the provisions of said statute shall control.
XVIII . Liability
Notwithstanding anything to the contrary herein, and notwithstanding any custom or usage to the contrary, it is expressly understood and agreed that only the real estate that constitutes
the New Day Condominium shall be bound by the provisions of this Master Deed. The Declarant shall never be personally or individually bound or liable to anyone whomsoever with respect
to any of the provisions of this Master Deed beyond the Declarant's interest in the real estate that constitutes the New Day Condominium.
EXECUTED as an instrument under seal at Northampton, Hampshire County, Massachusetts
this ____ day of September, 2015.
Signed and sealed in the presence of:
_______________________ By: _______________________________
Witness W. Michael Goggins, Declarant
________________________ By: _______________________________
Witness Kimberly F. Goggins, Declarant
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, SS.
On this ____ day of September, 2015, before me, the undersigned notary public, personally appeared W. Michael Goggins and Kimberly F. Goggins, proved to me through satisfactory evidence
of identification, which was my personal knowledge, to be the persons whose names are signed on the preceding or attached document, and acknowledged to me that they signed it voluntarily
for its stated purpose.
____________________________________
Edward D. Etheredge, Notary Public
My Commission Expires: 3/21/19