SCHEDULE A ANNEXED TO
DECLARATION OF TRUST THE LINCOLNSHIRE CONDOMINIUM TRUST RULES AND REGULATIONS
1. No part of The Lincolnshire Condominium, Boston, Massachusetts, (the “Condominium“), shall be used for any purposes except residential purposes with respect to the Residential Units and commercial purposes with respect to the Commercial Units or as otherwise permitted in accordance with the Master Deed of the Condominium of even date with and recorded with The Lincolnshire Condominium Trust (the “Trust“).
2. There shall be no obstruction of the common areas and facilities nor shall anything be stored in the common areas and facilities without the prior consent of the Board of Trustees of the Trust (hereinafter, the ‘’Trustees“), except as expressly permitted in the Master Deed of the Condominium or in the Declaration of Trust of the Trust, including these Rules and Regulations. Each Unit Owner shall be obligated to maintain and keep in good order and repair his or her own Unit in accordance with the provisions of the Master Deed and the Trust.
3. Nothing shall be done or kept in any Unit or in the common areas and facilities that will increase the rate or premium of insurance of the building of the Condominium (the “Condominium Building“) or the contents thereof. No Unit Owner shall permit anything to be done, or kept in his Unit, or in the common areas and facilities, that will result in the cancellation of insurance on the Condominium Building or the contents thereof or that would be in violation of any law. No waste shall be committed in any Unit or in the common areas and facilities.
4. Unit Owners shall not cause or permit anything to be hung or displayed on the outside of windows or placed on or in the residential hallways, floors or on the outside walls or doors of the Condominium Building or on the entrance doors to Residential Units (expressly included herein is a prohibition against decorating or storing anything in any portion of the common areas and facilities, except in connection with a Unit Owner’s use of an appurtenant right or interest in a balcony, patio, deck or storage area), and no sign, awning, canopy, shutter, or radio or television antenna or satellite dish antenna shall be affixed to or placed upon the exterior walls or doors, roof (except one so-called master antenna for the Condominium Building), or any part thereof, or exposed on or at any window, without the prior written consent of the Trustees; provided, however, that neither the foregoing nor any other provisions of these Rules and Regulations shall restrict, diminish or otherwise affect the right of any Unit Owner to decorate the interior of his or her Unit as such Unit Owner may desire, or the right of a Commercial Unit Owner and any tenant or occupant of any Commercial Unit from time to time, upon the review and approval of the Trustees, to erect, affix, maintain, repair and replace signs awnings, canopies, lights (including seasonal lighting and displays), lighting fixtures and facilities and other devices, displays and structures (including, without limitation, retail storefronts) which serve to identify the name or business, or both, or which otherwise are reasonably related to the business of such Commercial Unit Owner, tenant or occupant and which are consistent with the permitted uses of the Commercial Units and all applicable provisions of the Master Deed and the Declaration of Trust of the Trust with respect thereto. Residential Unit Owners will not be allowed to put their names in any entry passageway, vestibule, hall, or stairway of the Condominium Building except in the proper place or in the mailbox provided for the use of the Unit (in print approved as to size and style by the Trustees). Further, no “For Sale”, “For Rent”, “For Lease” signs or other window displays or advertising shall be maintained or permitted in any part of the Condominium or in any Unit without the written consent of the Trustees. The Trustees shall have the authority to remove any signs, decorations or other matter in violation of this Section 4.
5. Ordinary domestic pets may be kept by any Unit Owner, except for birds or reptiles of any kind. Further, this regulation is subject to the limitation of one dog or cat, but not both. No such pets shall be permitted in any elevator or lobby, or other portions of the common areas and facilities, unless carried or on a leash, and the Unit Owner or person walking such pet shall immediately clean up any and all droppings his or her pet is responsible for in or about the Condominium, including, without limitation, the sidewalks and exterior landscaped areas. Any Unit Owner keeping a pet
(i) in violation of the foregoing, or
(ii) which causes any damage to or requires clean up of any Unit (other than the Unit of the owner of such pet) or the common areas and facilities or which is offensive or causes or creates any nuisance or unreasonable disturbance or noise, shall be personally liable for the cost and expense of any repair of such damage, cleaning up and/or elimination of such disturbance or nuisance, and shall be required permanently to remove such pet from the Condominium upon five (5) days’ written notice from the Trustees. The Trustees shall assess to such Unit Owner such costs and until paid the same shall constitute a lien against the Unit of such Unit Owner pursuant to the provisions hereof and Section 6 of Chapter 183 A of the Massachusetts General Laws (as the same may be from time to time amended, “
Chapter 183 A“).
6. No Unit Owner shall engage in or permit any noxious or offensive activities or any nuisance by himself, his family, servants, employees, agents, visitors, lessees, or licensees, nor do himself or permit anything to be done by such persons, either willfully or negligently, that:
(i) may be or become an annoyance or nuisance to the other Unit Owners or occupants;
(ii) will interfere with the rights, comforts, or conveniences of other Unit Owners or occupants;
(iii) may or does cause damage to any other Unit or to the common areas and facilities; or
(iv) results in the removal of any article or thing of value from any other Unit Owner’s Unit or from the common areas and facilities of the Condominium.
Any Unit Owner making or permitting such nuisance, interference, damage, or removal shall be responsible for the elimination of such nuisance or interference and for the costs of the repair of such damage or replacement of the item removed. The Trustees may assess to such Unit Owner such costs.
Total volume of television sets, radios, phonographs, tape and compact disc players and musical instruments, and the like, shall be turned down after 10:00 p.m. and shall at all times be kept at a sound level to avoid bothering other Unit Owners or occupants. No vocal or instrumental practice or instruction shall be conducted after 10:00 p.m., or at other times if the same disturbs or annoys other Unit Owners or occupants.
No pianos or drum sets are permitted in any Unit or in the common areas and facilities.
The provisions of this Rule shall not, however, restrict, diminish or otherwise affect the rights of a Commercial Unit Owner to use or lease for use a Commercial Unit for offices and for retail sales and services which may include instrument and/or electronics sales and services. Subject to the rights of the Declarant (as referred to in said Master Deed) granted, reserved, contained, or referred to in the Master Deed of the Condominium or the Declaration of Trust of the Trust, including these Rules and Regulations, nothing shall be done in any Unit or in, on, or to the common areas and facilities that will impair the structural and/or architectural integrity of or structurally or architecturally change the Condominium Building or any common areas and facilities, or that will in any way destroy or adversely affect the water-tightness of the Condominium Building. No water beds, spas, or similar water-filled objects shall be permitted in any Unit, or in any other common areas.
No washing machines or dryers shall be permitted in any Unit, except Units 201, 901 and 902.
7. No clothes, sheets, blankets, laundry, rugs, or any kind of other articles shall be hung out of the windows or placed upon the window sills of any Unit or the Condominium Building or exposed on any part of the common areas and facilities nor shall any rugs or mops be shaken from any such windows or in any part of the common areas and facilities. The common areas and facilities shall be kept free and clear of all rubbish, debris, and other unsightly materials, and no garbage cans shall be placed in the halls or in the staircase landings of the Condominium Building, or in any other common area, except in areas specifically designated for that purpose by the Trustees.
8. There shall be no playing, lounging, riding, or storing or parking of baby carriages, playpens, bicycles, wagons, toys, vehicles, trailers, tools, benches, chairs or other items, in any part of the common areas and facilities.
9. Subject to the rights and privileges the Declarant granted, reserved, contained, or referred to in the Master Deed of the Condominium or the Declaration of Trust of the Trust, including these Rules and Regulations, nothing shall be altered in, constructed in, added to or removed from the common areas and facilities nor shall any entrance door to a Unit be altered, added, removed, painted or replaced, except upon the prior written consent of the Trustees and in accord with the provisions of said Master Deed and said Trust, including these Rules and Regulations. Without limitation, no improvements or alterations to, in or affecting any Unit, including any additions or alterations to electrical, plumbing, heating or other systems, equipment or facilities, shall diminish or otherwise adversely affect the sound and/or vibration insulation between Units or between a Unit and the common areas and facilities; and no ventilator or air conditioning device or any other equipment or apparatus shall be installed or used in, on or outside of any window.
10. Subject to the rights and privileges of the Declarant granted, reserved, contained, or referred to in the Master Deed of the Condominium or the Declaration of Trust of the Trust, including these Rules and Regulations, no part of the common areas and facilities of the Condominium shall be decorated or furnished by any Unit Owner in any manner nor shall the exterior surface of any entrance door to a Unit be painted or otherwise decorated in any manner, except with the prior written approval of the Trustees and in accord with the provisions of the Master Deed of the Condominium and the Declaration of Trust of the Trust, including these Rules and Regulations.
11. Each Unit Owner shall keep his or her Unit (and any exclusive, appurtenant common area) in a good state of preservation and cleanliness and shall not sweep or throw or permit to be swept or thrown therefrom, or from the doors or windows thereof, any dirt or other substance. The water closets and other water apparatus shall not be used for any purpose other than that for which they were constructed, and no sweepings, rubbish, rags, paper, ashes, or other substances, including diapers, feminine hygiene products (consisting of plastic and paper, biodegradable and nonbiodegradable products) and the like, shall be thrown therein. Any damage to plumbing systems of the Condominium resulting from such misuse shall be paid for by the Unit Owner who shall have caused or permitted it and the Trustees may assess such Unit Owner therefore.
12. All radio, television, and other electrical equipment of any kind or nature installed or used in any Unit shall fully comply with all rules, regulations, requirements, or recommendations of the Fire Insurance Rating Board and the public authorities having jurisdiction, and the Unit Owner shall be liable for any damage or injury caused by any radio, television, or other electrical equipment in his or her Unit, and the Trustees may assess such Unit Owner therefor.
13. The agents of the Trustees or the managing agent, and any contractor or workman authorized by the Trustees or the managing agent, may enter any room or Unit in the Condominium Building at any reasonable hour of the day after prior notification (except in case of emergency, where notice will not be necessary) for the purpose of inspecting the same, making emergency repairs, washing exterior surfaces of windows and/or taking such measures as may be necessary to control or exterminate vermin, insects, or other pests.
14. Except for the fireplaces shown on the Plans recorded with the Master Deed, no fireplaces, wood stoves, coal stoves, kerosene heaters, space heaters or similar devices shall be permitted in Units. The Trustees may enter any Unit to correct any non-compliance with this Rule, at the expense and risk of the Owner of such Unit and the Trustees may assess such Unit Owner therefor. The provisions of this Rule shall not, however, restrict, diminish or otherwise affect the rights of a Commercial Unit Owner to use or lease for use a Commercial Unit for retail sales and services which may include sales and services of such devices.
15. No Unit Owner or occupant or any of his agents, servants, employees, licensees, or visitors shall at any time bring into or keep in his or her Unit or the common areas any flammable, combustible, or explosive fluid, material, chemical or substance, except that such lighting and cleaning fluids as are customary for residential use may be kept in Residential Units and such lighting and cleaning fluids and the like as are customary for commercial purposes may be kept in a Commercial Unit.
16. Subject to the rights and privileges of the Declarant granted, reserved, contained, or referred to in the Master Deed of the Condominium or the Declaration of Trust of the Trust, including these Rules and Regulations, any maintenance, repair or replacement of common areas and facilities which is the responsibility of a Unit Owner pursuant to the Master Deed of the Condominium or the Declaration of Trust of the Trust shall be done only by contractors or workmen approved in advance by the Trustees and, except for those portions of the roof shown on the Plans recorded with the Master Deed as being roof decks, no unauthorized person including a Unit Owner, shall be permitted on the roof, or in any mechanical, utility or like rooms and areas, of the Condominium Building without the prior consent of the Trustees.
17. If any key or keys (or lock combination) are entrusted by a Unit Owner or occupant or by any member of his family, or by his agent, servant, employee, licensee, lessee or visitor, to a Trustee, or an agent or employee of the Trustees, including without limitation the managing agent of the Condominium, whether for such Unit, or an automobile, trunk, or other item of personal property, the acceptance of the key (or combination) shall be at the sole risk of such Unit Owner or occupant, and such Trustee, agent, employee, and the Trustees shall not be liable for injury, loss, or damage of any nature whatsoever directly or indirectly resulting therefrom or connected therewith.
18. The Trustees or their designated agent may retain a pass key or lock combination, as the case may be, to each Unit. No Unit Owner shall alter any lock or install a new lock or a bell, buzzer, knocker or alarm on any door of a Unit without the written consent of the Trustees. In case such consent is given, the Unit Owner shall provide the Trustees or their designated agent with an additional key, lock combination or code, as the case may be, pursuant to their right of access to the Unit.
19. All personal property of the Unit Owners in the Units, storage areas, and elsewhere, as the case may be, shall be kept therein at the sole risk and responsibility of the respective Unit Owners, and none of the Trustees, their designated agents, the Declarant of the Master Deed, nor their respective successors or assigns, shall bear any responsibility therefor.
20. Each Unit Owner assumes responsibility for his own safety and that of his family, guests, agents, servants, employees, licensees, lessees, and pets.
21. In addition to other rules and regulations contained herein and promulgated from time to time, use of the balcony, patio and deck areas appurtenant to a Unit and/or the common areas and facilities will be subject to the following:
(a) No open fires, including barbecues and the like, will be allowed on or about the balcony, patio or deck areas or any portion of the common areas and facilities;
(b) In no event will a balcony, patio or deck area be enclosed or otherwise used for continuous dwelling purposes.
(c) Except in connection with a Unit Owner’s use of an appurtenant right or interest in a balcony, patio, deck or storage area, nothing shall be placed in any portion of the common areas and facilities except for furniture, furnishings, planters and/or landscaping installed by the Condominium Trustees.
(d) Nothing shall be placed on a balcony, patio or deck area which, in the opinion of the Trustees, unreasonably obstructs sight lines from other Units. In no event will the height of anything placed on any balcony, patio or deck area (including, without limitation, landscaping and furniture) exceed the height of the privacy fences, if any, initially installed by the Declarant.
(e) Any lighting installed by a Unit Owner on a balcony, patio or deck area will be limited to incandescent accent lighting only. In no event will any such lighting be moving, flashing or neon and no light in a patio will have wattage output greater than 175 watts. No patio lighting will be directed towards the window or windows of any Unit or Units.
(f) All planting and other landscaping on a patio will be ornamental in nature (but may include herb gardens) and in no event will there be any artificial landscaping.
(g) Any and all furniture and furnishings placed on any balcony, patio and/or deck area will be moveable, high quality, outdoor “patio” type furniture of proper weight to take into account wind and storm conditions.
(h) No flags, windsocks, kites or wind chimes will be permitted to be hung, displayed, draped or posted on a balcony, patio or deck.
22. All draperies, as well as any other window treatments and hanging material, must be fire-resistant and in compliance with standards set by the New England Fire Insurance Rating Board, and may not be closer than one inch (1 “) to heating units. All draperies, window treatments and window coverings in every Unit visible from the exterior of the Condominium Building shall be lined with an off-white material or shall be off-white on the facing visible from the exterior such that when closed or drawn the appearance of the window or door from the exterior of the Condominium Building shall be off-white.
23. Each Residential Unit is required to have ninety percent (90%) of the floor area thereof, exclusive of kitchens, bathrooms and utility rooms, covered with padding, carpeting or other sound deadening material.
24. In the event any Unit Owner shall rent, let, lease, or license all or any portion of his or her Unit (which shall be done only in accordance with all applicable provisions and restrictions contained in the Master Deed and in the Declaration of Trust, including these Rules and Regulations), the party to whom the same is so rented, let, leased, or licensed shall in a written lease or other instrument evidencing such arrangement, acknowledge and agree to comply with all applicable provisions of the Master Deed and the Declaration of Trust of the Trust, and all rules and regulations promulgated pursuant thereto. An original counterpart of such instrument, signed and acknowledged by such Unit Owner and such party, shall be delivered to the Trustees as a condition of the validity of such arrangement. The Unit Owner shall be responsible for and shall bear all costs and expenses (including reasonable attorneys’ fees and expenses) relating to any enforcement, eviction or similar proceedings resulting from the failure of the Unit Owner or any tenant or occupant claiming by or through such Unit Owner to comply with all of the applicable provisions and restrictions in the Master Deed, the Declaration of Trust (including these Rules and Regulations), and until any and all of the same incurred by the Trustees are paid by such Unit Owner the same shall, without limitation, constitute a lien against such Unit Owner’s Unit pursuant to the provisions of this paragraph and Section 6 of said Chapter 183 A.
25. Unit Owners shall be responsible for completely closing behind them all doors providing ingress to and egress from the Units and common areas of the Condominium Building and shall at no time place articles in doorways or otherwise impede the complete closing of such doors behind them for security purposes.
26. No Unit Owner or occupant shall send any employee of the managing agent out of the Condominium Building on any private business. Any complaints regarding any service in the Condominium Building shall be made in writing to the managing agent and the Trustees.
27. In the event that any building service, including maid or household cleaning service, is furnished to any Unit Owner, no other Unit Owner, nor the Trustees nor the managing agent shall be liable for any loss or damage to any of the Unit Owner’s property in the Unit caused by such maid or service personnel in the performance of such service.
28. Subject to applicable provisions of the Master Deed and of the Declaration of Trust, the Trustees may from time to time promulgate such other reasonable administrative rules and regulations restricting and regulating the use, maintenance and appearance of the common areas and facilities, including, without limitation, Common Areas (as defined in the Master Deed) the storage areas, balconies, patios and/or decks of the Condominium, as the Trustees consider to be necessary or appropriate for the use and enjoyment, comfort and convenience of all Unit Owners and occupants, and the Unit Owners shall comply therewith.
29. No Commercial Unit Owner or its agents, employees, lessees, licensees or invitees, shall enter into any of the common areas which are Residential Common Areas, exclusively serving the Residential Units, except as may be permitted by the Trustees or as otherwise may expressly be permitted by the Master Deed of the Condominium or by the Declaration of Trust of the Trust, including these Rules and Regulations. In the exercise by the Commercial Unit Owners of their rights and privileges, the Commercial Unit Owners shall not unreasonably interfere with the use and enjoyment of the Residential Units for their intended purposes. Likewise, no Residential Unit Owner shall unreasonably interfere with the use or enjoyment of the Commercial Units and their intended purposes.
30. Any Unit Owner desiring to move in or out of a Unit must schedule such move with the Trustees at a mutually convenience time.
31. Any consent or approval given by the Trustees under these Rules and Regulations may be added to, amended, or repealed at any time by the Trustees.
32. No Commercial Unit Owner or its agents, employees, lessees, licensees or invitees shall place a load upon the Building or Common Areas exceeding 75 pounds of live load per square foot of floor area; nor shall any safe, vault or other heavy equipment be moved in, about or out of the Building except in such manner and at such times as the Trustees in each instance authorize and the Unit Owner shall be liable for any damage or injury caused by the foregoing, and the Trustees may assess such Unit Owner therefor.
33. With respect to a Commercial Unit, mechanical equipment and business machines which cause vibration or noise that may be transmitted to portions of the Building shall be installed, maintained and used, so as to eliminate such vibration or noise.
34. No Unit Owner or occupant shall cause or permit any improper noises in a Unit or the Common Areas, or allow any unpleasant odors to emanate from a Unit, or otherwise interfere, injure, or annoy in any way other Unit Owners or persons having business with them.
35. These Rules and Regulations are part of and may be amended from time to time as provided in the foregoing Declaration of Trust of the Trust, including these Rules and Regulations.