10. RESTRICTIONS ON USE OF UNITS
The following use restrictions apply to the Units:
(a) The Units are hereby restricted to residential use by the Unit Owner(s) thereof except as permitted by the Board of Trustees under the By-Laws. Residential Units shall be permanently occupied as a single-family residence and shall be used for no other purpose. Under no circumstance shall the basement be used as a bedroom in any of the units. Notwithstanding any provision in this paragraph to the contrary, however, the Declarant, its successors or assigns shall have the right, until all Units in Liberty Commons Condominium have been sold by the Declarant, to use any Unit or Common Element owned by the Declarant for models and for sales, construction, storage and administration. The Declarant, its successors and assigns shall have the further right to let or lease any Units, which have not been sold by it, including any such Unit later acquired by Declarant, upon such terms and for such periods as the Declarant in its sole discretion shall determine, provided the Unit is continually offered for sale by the Declarant.
(b) No industry, business, trade, commercial or professional activities shall be conducted, maintained or permitted on any part of the Common Area immediately adjacent to the Units nor in any Unit, nor shall any “For Sale”, “For Rent” or “For Lease” signs or other window displays or advertising be maintained or permitted nor shall any Unit be used or rented for transient, hotel or motel purposes. Notwithstanding the foregoing, the Declarant, the Trustees, or their agents, may place “For Sale”, “For Rent” or “For Lease” signs on any unsold or unoccupied Units, and the right is hereby given to any mortgagee, who may become the owner of any Unit, to place such signs on any Unit owned by the mortgagee, but in no event will any sign be larger than one foot by two feet.
(c) Provided the Trustees obtain the Owner’s consent, the Trustees, or their designated agent, may retain a passkey to the units for use in emergency situations only.
(d) Nothing shall be done in any Residential Unit or in, on or to the Common Elements which will impair the structural integrity of any Building or which would structurally change any of the Buildings.
(e) Unit Owners shall not paint, stain or otherwise change the color of any exterior portion of any Building.
(f) No noxious or offensive activity shall be carried on in any Unit or in the Common Areas, nor shall anything be done therein either willfully or negligently, which may be or become an annoyance or nuisance to the other owners or occupants. No owner or occupant shall make or permit any disturbing noises in the Buildings 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 owners or occupants. No owner or occupant shall play upon, or suffer to be played upon, any musical instrument or operate or suffer to be operated a phonograph, television set, radio, or other electronic devise on the premises causing disturbance to other owners or occupants.
(g) Owners and occupants shall comply with and conform to all applicable laws and regulations of the United States and of the Commonwealth of Massachusetts, and all ordinances, rules and regulations of the City of Leominster and shall save the Association or other owners harmless from all fines, penalties, costs and prosecutions for the violation thereof or non-compliance therewith.
(h) No animals may be kept in any Unit except for one cat per unit provided that any waste created by the cat shall be removed from the Common Elements and disposed of by the unit owner. The Board shall have the right to regulate the presence of pets in the condominium in Rules and Regulations adopted by it pursuant to the By-Laws. Additionally, all city leash ordinances shall be adhered to, and any animal shall be subject to removal from the Condominium by the Board of Trustees upon good cause shown.
(i) Owners shall be held responsible for the actions of their children, tenants and guests.
(j) No part of the Common Elements, including but not limited to the parking spaces and driveways, shall be used for parking or storing of commercial vehicles, boats, campers, trailers or items or goods.
(k) No part of the premises shall be used for repairing or maintaining any vehicle. Provided further, that any private passenger automobile of any type that is inoperable, and/ or unregistered, is prohibited from the Liberty Commons Condominium.
(I) The porches, decks and appurtenances thereto are subject to such limitations and conditions as are or may be imposed by the Trustees of the Association. Provided however, that other than chairs, benches and tables of such number, nature and such type as are actively used for residential purposes, no other goods, materials, including awnings, fixtures, paraphernalia, clothes lines, hanging clothing, blankets or other like items are to be affixed, placed or stored on said porches or terraces except with the approval of the Trustees.
(m) The use of Units by all persons authorized to use same shall be at all times subject to the provisions contained in this instrument, the By-Laws of the Association and such Rules and Regulations as may be prescribed and established to govern such use or which may hereafter be prescribed and established by the Trustees.
(n) The Association also reserves the right and easement to enter onto the premises from time to time at reasonable hours, for the purposes of repairing Common Elements and to perform any obligations of the Association, respectively, required or permitted to be performed under this Master Deed, and/ or the By-Laws of the Association.
(o) The maintenance, repair and improvement of the exterior portions of the Units shall be performed by the Association, and the cost of such maintenance, repair and improvements shall be a common expense and shall be allocated and assessed to each Unit Owner as any other common expense.
(p) These restrictions shall be for the benefit of the owners of all of the Units and the Trustees of the Condominium Association and shall, insofar as permitted by law, be perpetual; and to that end may be extended by said Trustees at such time or times and in such manner as permitted or required by law for the continued enforceability thereof. No owner of a Unit shall be liable for any breach of the provisions of this Section 10 except such as may occur during his or her ownership thereof.
Source: Consolidation of the Master Deed of Liberty Commons Condominium as recorded in the Worcester Northern District Registry of Deed in Book 3785, Page 140, the First Amendment to Master Deed of Liberty Commons Condominium as recorded in the Worcester Northern District Registry of Deed in Book 4129, Page 68, and the Second Amendment to Master Deed of Liberty Commons Condominium as recorded in the Worcester Northern District Registry of Deed in Book 4177, Page 194.
Information Last Refreshed On: 7/13/2012