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BECKET WOODS RESTATED DECLARATION OF PROTECTIVE COVENANTS PRELIMINARY STATEMENT: A. The BECKET WOODS COMMUNITY ASSOCIATION, INC., is a corporation duly established under the laws of the Commonwealth of Massachusetts, and having a usual place of business at Becket Woods, Becket, County of Berkshire and Commonwealth of Massachusetts, (the "Community Association"). B. The Community Association was established in accordance with the Declaration of Restrictive Covenants of Becket Woods executed by the PONDEROSA, INC., dated November 8, 1971 and recorded in the Berkshire Middle District Registry of Deeds in Book 917, Page 242&c, as amended by document entitled "Amended Declaration of Restrictive Covenants" dated April 17, 1972, recorded in said Registry of Deeds in Book 923, Page 655 (together, the "Declaration"). C. The Community Association is the organization of lot owners as described in and formed pursuant to the Declaration and has succeeded to the rights and obligations of the original declarant and is the entity described in Article VI of the Declaration. D. The Community Association and the owners of each of the lots located within the Becket Woods subdivision (collectively the "Lot Owners" and individually the "Lot Owner") heretofore acquired and each continues to own, jointly and or severally, one or more parcels of land situate in Becket Woods as more fully set forth and described on the "Schedule of Lot Owners" annexed as Exhibit A hereto. E. By document entitled "Grant of Rights of Use and Rights of Way" dated May 24, 1972 and recorded in said Registry in Book 924, Page 145 and document entitled "Further Grant of Rights of Use and Rights of Way" dated November 10, 1972 and recorded in said Registry in Book 930, Page 769 Ponderosa, Inc., the developer of Becket Woods, granted to the Lot Owners of lots within Becket Woods the right to use certain common areas within Becket Woods (the "Common Areas"), subject to the Declaration. F. The Declaration sets forth a common development scheme for the lots within Becket Woods and creates and imposes rights, benefits and obligations affecting each such lot and affecting the Common Areas within Becket Woods. G. The Community Association and Lot Owners now desire to restate and amend the Covenant by adoption of this Restated Declaration of Protective Covenants. NOW THEREFORE, the undersigned persons, being owners of record of lots within Becket Woods, for themselves and their respective heirs, executors, administrators, successors and assigns do hereby amend the Declaration in the following manners and respects: 1.ADOPTION OF RESTATED COVENANT: The Declaration is hereby amended by deleting the provisions presently comprising the Declaration in their entirety and substituting the following provisions in place thereof, intending that this document constitute the Restated Declaration of Protective Covenants of Becket Woods (hereinafter sometimes referred to as the "Restated Covenant" or "Protective Covenant"): Article I. Effective Date and Term. (A) Subject to the condition precedent set forth in Article XIV, the covenants, restrictions and encumbrances set forth in this Restated Covenant shall be and remain in force until twenty (20) years from the effective date provided for herein. The effective date of this Restated Covenant is April 1, 2001. The easements hereinafter reserved shall remain in force forevermore. (B) The provisions of this Restated Covenant shall be extended for successive twenty (20) year periods, upon approval in writing by the owners of record of not less than fifty percent (50%) of the land area subject to this Restated Covenant. Such extension shall be recorded before the expiration of this Restated Covenant or prior to the end of any twenty (20) year extension or specified period of extension if less than twenty (20) years. Article II. Uses. As used herein, "lot" or "lots" shall refer to each lot within Becket Woods intended for use as a single family dwelling; "premises" shall refer to all lands within Becket Woods. (A) No use shall be made of, in, or upon any lot except uses necessary or incidental to a residence for a single family. (B) No trailers, trucks, camping trailers, boats or non operative or unregistered motor vehicles (or any parts thereof) shall be stored or kept upon the premises; except that boats and camping trailers may be kept on said premises if they are kept or stored in an enclosure and not exposed to view. (C) No livestock, except domestic pets, shall be kept on the premises; provided however, that domestic pets shall be deemed to include horses and other equine animals. (D) No fuel storage tank (except a tank for bottled gas) shall be kept or maintained on the premises unless the same shall be buried within the ground. (E) No garbage, rubbish, junk or other refuse (other than compost suitable for gardening) shall be deposited or permitted to remain on any lot unless placed in a closed container. (F) Clothes lines and drying racks shall be screened or located so as not to be visible from any point on adjacent lots or roads. (G) No sign of any kind shall be displayed on any lot or structure so as to be visible from adjacent lots or roadways except-one sign not more than two hundred (200) square inches in size. In no event shall any sign be displayed indicating that the premises or any portion thereof are for sale, for lease, or for rent. (H) Telephone and power lines and other utilities shall be connected to structures on the premises only by underground conduit, provided, however, that this provision shall not apply if at the time of installation said underground conduit is not available or is not in keeping with utility company policy. (I) No noxious or offensive use or activity, shall be conducted on the premises nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (J) No ski-mobiles or all terrain vehicles or similar devices shall be used or operated on the premises; provided, however that motorcycles are permitted on all roads, but not on trails. (K) Any exterior lighting installed on any building or lot shall be either indirect or of such controlled focus and intensity so as not to be of disturbance to residents of adjacent property. Article III. Buildings. (A) No building or other structure shall be erected, altered, placed or permitted to remain on any lot except buildings designated for occupancy by not more than one family and household guests and buildings incidental thereto. (B) No building or structure, or any part thereof, shall be erected or placed on the premises nearer than thirty (30) feet from any street line or lot line. (C) No structure of a temporary character, trailer, basement, tent, shack, camping unit or other outbuilding shall be brought on, to, kept or maintained on the premises at any time; except that buildings used as construction shacks by contractors shall be permitted during the period of construction. (D) No building, fence, wall or other structure or excavation shall be commenced, erected or maintained, nor shall any addition to, change or alteration therein be made unless the plans and specifications showing the nature, kind, shape, height, materials, floor plans, color scheme, locations and approximate cost of such structure, and the grading plan of the lot to be built upon, shall have been submitted and approved in writing by the Community Association, or by any person, corporation, or association to which the Community Association shall assign this right and duty. The Community Association (or its assignee) shall have the right to refuse to approve any such plans or specifications or grading plan, which are not suitable or desirable in their opinion, for aesthetic or other reasons. The Community Association (or its assignee) shall have the right to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings and the effect of the building or other structure, as planned, have on the outlook from adjacent or neighboring property. If no suit shall have been commenced and notice thereof filed in the Berkshire Middle Registry of Deeds in Pittsfield, Massachusetts, within three (3) months after the completion of any building or structure or other improvement, alteration, addition, or landscaping, the same shall be conclusively deemed to have complied with this restriction. In making a determination under this paragraph, the Community Association (or its assignee) shall not unreasonably refuse to approve any proposal. (E) There is no requirement that any proposed construction be commenced. However, once any construction is commenced, the exterior shall be completed within six (6) months. Article IV. Subdivision. (A) Each of the lots numbered 1, 3 through 18, 21 through 28, 30, 32 through 146, and 148 through 152 on the plans of land for the Becket Woods subdivision heretofore recorded in the Berkshire Middle District Registry of Deeds as amended, may be subdivided, conveyed or sold so as to result in two (2) lots or tracts, but none of the lots may be subdivided, conveyed or sold so as to result in more than two (2) lots or tracts. No subdivision, conveyance or sale shall be made so that either resulting lot or tract shall be less than one acre. If a lot is so subdivided, conveyed or sold so as to result in two (2) lots or tracts, both of such lots or tracts shall, for all purposes hereof (including, without limitation, assessments) be deemed to be, and shall constitute, two (2) separate lots unless otherwise provided herein; provided, however, neither of the lots resulting from the subdivision of one of the original numbered lots may be further subdivided. (B) The Meadow Area as shown on the plan of land entitled "Section A Sheet 3 (Revised), Becket Woods", which plan is dated March 27, 1972 and recorded in the Berkshire Middle District Registry of Deeds in Book 417F, Page 235, may be subdivided by the Community Association as to contain not more than an aggregate of thirty (30) lots including the lots numbered A, B, C, and D as shown thereon and none of the lots situated in the Meadow Area shall be less than one half (½) acre in size. Neither lots A, B, C, or D nor any other lots to be situated in the Meadow Area as hereinafter subdivided by the Community Association may be further subdivided. (C) Except as otherwise provided for herein, each lot (including each lot resulting from the subdivision of one of the original lots as permitted in Article IV, Subdivision A hereof) shall be subject to all restrictions, covenants and easements as contained in this instrument. Article V. Exemptions. (A) In no event shall the Community Association be bound by these covenants, restrictions, easements and encumbrances with respect to lots Number 5, 6A, and 157 as shown on a plan entitled Section A Sheet 1, Becket Woods, a Subdivision in Becket, Mass., prepared for the Ponderosa Corp., dated May 18, 1971 and prepared by Gordon E. Ainsworth & Associates, Inc., Deerfield, Massachusetts, and recorded in the Berkshire Middle District Registry of Deeds in Book 417F, Page 201A, as amended and with respect to lot Number 7 as shown on a plan entitled "Revision to Lots #7, #8, and #9, on Sheet 1 of Section A, Becket Woods, Becket, Mass., Prepared for The Ponderosa Corp., dated July 6, 1971 and prepared by Gordon E. Ainsworth & Associates, Inc., which plan is recorded in the Berkshire Middle District Registry of Deeds in Book 417D, Page 189, nor shall any of the covenants, restrictions, easements or encumbrances prohibit the Community Association, or its agents, from performing any activity intended for the development and sale of the above-described premises or additional land presently owned or hereafter to be acquired by it. (B) The "25 acre ± parcel" comprised of Lots 183, 184, 185, 186 and 187, as they appear on a Plan of land entitled "Section E - Becket Woods, a Subdivision in Becket, Massachusetts, prepared for Robert E. Hamilton, dated June 6, 1977, revised March 23, 1978” ("the Plan") recorded in the Berkshire Middle District Registry of Deeds in Book 417J Page 1, shall be a part of Becket Woods and subject to this Protective Covenant, provided, however, that said lots shall be exempted for and not liable for any assessment of the Community Association unless and until Squirrel Hill Road, as shown on said Plan shall be constructed, all as provided for in a certain deed from The Ponderosa, Inc. to Howard Lazar dated May 15, 1978 and recorded in the Berkshire Middle District Registry of Deeds in Book 1003, Page 850, the terms of which are incorporated herein by reference. Article VI. Community Association. The Community Association shall continue to have, and is hereby granted, subject only to any limitations herein otherwise expressly provided, the right to levy assessments on each of the lots (including, without limitation, each lot as provided for in Subdivision A of Article IV hereof [except Lots 29, 31, 147 (including 147A and 147B) and those lots described in Article V, section (B)], and each lot resulting from the further subdivision of any of the same as permitted therein and each lot in the Meadow Land as now or hereafter subdivided as provided in Subdivision B of Article IV) as may be reasonably required for the maintenance (including taxes), preservation (including protection and repair), embetterment, improvement, use and operation of (including any and all costs and expenses incurred in connection with, or arising out of or for such maintenance, preservation, embetterment, improvement, use and operation) of Becket Woods (being the premises herein above described as enlarged at any time, or from time to time, in accordance with provisions of Article X hereof) except the lots and except, also, any other part or portion of said Becket Woods as to which the owners of the lots are not granted a right of way or right of common use. Every grantee and person who acquires title (whether legal or equitable) to any lot or any part thereof shall be liable for, and each lot shall be subject to, the assessments properly levied by the Community Association, and all such assessments shall become liens on the lots and may be enforced as hereinafter provided. The amount of such assessments shall be determined from time to time by the Community Association's Board of Directors. All assessments shall be levied equally on each lot without regard to the size or location of such lot and without regard to any other factor, except as specifically provided for herein. All persons who hold title (legal or equitable) to a lot shall be entitled to be members of the Community Association. The Community Association shall have and is hereby granted the further right to enforce the provisions of this Restated Covenant (without limiting the right of the Lot Owners to do so) and to make such reasonable rules and regulations, not inconsistent with the provisions hereof, and to provide such means and employ such agents as will enable it adequately and properly to carry out and enforce the provisions of this Restated Covenant and also maintain, embetter and improve Becket Woods. The Community Association may act through such officers, Board of Directors, Executive Committee and/or Community or Management Committee as provided for in its By-Laws and as permitted by law. The Community Association shall for all purposes hereof be deemed and shall be, the owner of all of the lots that it continues to own of record at any time and from time to time. Article VII. Liens. The liens provided for in Article VI above and Article IX below may be enforced, in case of nonpayment when due, by sale of the premises subject thereto at public auction on or near the premises, first complying with the statutes relating to the foreclosures of mortgages by the exercise of a power of sale insofar as the same may be appropriate provided that notice of the commencement of such proceedings and an affidavit of such sale is filed in the Berkshire Middle District Registry of Deeds. Such sale shall forever bar the owner and all persons claiming under him from all right and interest in the granted premises, at law or in equity. Any surplus remaining after such sale shall be duly accounted for. The liens provided for herein shall be subordinate to the lien of any mortgage given by the owner of any lot to the Community Association or any bank or other lending institution; provided, however, that any such mortgagee, when in possession, any purchaser at any foreclosure sale, and all persons claiming under them, shall hold such lot subject to the obligations and liens set forth herein in and accruing after entry or sale, whichever is earlier. Article VIII. Reserved Easements. The Community Association reserves easements in the lot for all or any of the following purposes: (A) Service boxes, wires and conduits for the transmission of electricity, telephone service, and other purposes, and for the necessary attachments in connection therewith, (B) Storm drains and water drains. (C) Any other method of conducting and performing any public or quasi-public utility or function over or beneath the surface of the ground. The above easements, however, shall not be used to interrupt or interfere with any building or structure which is completed or under construction. Article IX. Maintenance(A) The structures and grounds on each lot shall be maintained in a neat and attractive manner, as shall be determined by the Community Association in a reasonable exercise of its discretion. Upon the Lot Owner's failure to do so, the Community Association may, at its option, after giving the owner thirty (30) days written notice sent to his last known address, have the grass, weeds and vegetation cut when, and as often as, the same is necessary in its judgment, and have dead trees, shrubs and plants removed from any lot. (B) Upon the Lot Owner's failure to maintain the exterior of any structure in good repair and appearance, the Community Association may, at its option, after giving the Lot Owner nine (9) months written notice, make repairs and improve the appearance in a reasonable and workmanlike manner. (C) The Lot Owner shall reimburse the Community Association for the cost of any work as required above. To secure such reimbursement, the Community Association shall have a lien upon such lot enforceable as provided in Article VII. (D) No live trees on any lot which are in excess of six (6) inches in diameter at the base shall be removed, except as may be necessary for construction as approved in Article III, Section (D) or as may be necessary for safety or as may be dictated by governmental agencies. (E) No excavation for stone, gravel, sand or earth shall be made on any lot, except for the purpose of building basements or cellars of dwelling houses, swimming pools and removing subterranean fuel oil tanks or grading. Article X. Enlargement. The Community Association shall have the right from time to time and at any time to enlarge the area of Becket Woods and any additional lots or parcels may at the discretion of the Community Association be given any rights and easements which the Community Association or any lot owner shall have under this instrument. Article XI. Invalidity. If any easement, covenant, restriction, agreement or charge herein contained should be held invalid by any court, such invalidity shall in no way affect any other covenant, restriction, agreement or charge herein contained. Article XII. Integration With Maintenance and Road District. In the event that the lots comprising Becket Woods become subject to the authority of a Maintenance and/or Road District established for the purpose of maintaining any of the roads or amenities contained within or forming a part of the Becket Woods Subdivision, then the Board of Directors of the Becket Woods Community Association, Inc. shall have the authority, without the need of the consent of any of the owners of lots subject to this Covenant, to reduce the assessment made with regard to any such lot so as to eliminate duplication of expense with regard to the affected lot. The Board of Directors may, from time to time, establish by rule or regulation the exact formula by which such reduction shall be determined and made effective. In the event that a Maintenance and/or Road District is established, the following provisions shall apply for and with respect to such District and upon its formation, all to the fullest extent permitted by applicable law and regulations, including the legislation by which the District is created.
Article XIII. Effective Date.
Article XIV. Condition Precedent. It shall be a condition precedent to this Protective Covenant becoming effective, and this Protective Covenant shall not become effective unless and until one of the following alternatives shall have occurred:
A statement signed by a majority of the then current Board of Directors of Becket Woods Community Association, Inc. setting forth that either of the above conditions precedent has been satisfied, shall be conclusive with regard to the satisfaction of the conditions precedent as set forth herein. This Protective Covenant may be executed in one or more counterparts at various times and dates. The recording of each signature page bearing a reference to this Protective Covenant, shall be effective for all purposes. IN WITNESS-WHEREOF, the Becket Woods Community Association, Inc. and each of the individual parties hereto have set their hands and seals and each of the corporate parties hereto have caused these presents to be signed in its name and on its behalf by its duly authorized officer all as of the day and date set forth next to each respective signature affixed to the several signature pages attached hereto. Becket Woods Community Association, Inc. By Betty Sheinkman, its President August 15, 1998 Attested to: By: Hy York, its Treasurer
COMMONWEALTH OF MASSACHUSETTS BERKSHIRE, ss. August 15, 1998 Then personally appeared the above-named Betty Sheinkman, President of the Becket Woods Community Association, Inc. and acknowledged the foregoing to be the free act and deed of said Association. Michelle Koelle, Notary Public My Commission Expires: 4-2-2004
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