14. AMENDMENT OF MASTER DEED
(a) Generally This Master Deed may be amended, subject to the restrictions of Chapter 183A of the General Laws of Massachusetts, and except as provided otherwise in this instrument or the By-Laws of the Association, by a vote of sixty-seven (67%) percent or more of the Unit Owners in the aggregate interest of the undivided ownership of Common Elements of the Condominium and the written consent of the holders of a majority of the first mortgages on mortgaged Units.
(b) Change in Common Area Percentage. Notwithstanding Section 14(a) above, if the amendment involves a change in percentage interest of Unit Owners in the Common Elements, such vote change shall require approval by one hundred percent (100%) in interest of the Unit Owners, in addition to the written consent of the holders of all first mortgages on all the mortgaged Units.
(c) Corrective Amendments. Notwithstanding the foregoing, amendments which are not of a material nature, such as the correction of a technical error or the clarification of a statement, shall be deemed approved by the holder of a first mortgage if said mortgage holder fails to submit a response to a written proposal for the amendment within thirty (30) days after the notice of the proposal is delivered to the holder by certified or registered mail with a “return receipt” requested.
(d) Amendments to Comply with Banking or Condominium Law. Declarant or its assigns or its successors in title reserve the right and power to amend this Master Deed in order to comply with requirements of the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association or in order to enable this Master Deed to comply with the provisions of M.G.L. Ch. 183A.
(e) Additional Powers Reserved to Effectuate Declarant Amendments. All Unit Owners, Unit mortgagees and their heirs, administrators, successors, assigns and legal representatives, by their acceptance of a unit deed or mortgage subject to the provisions hereof, do hereby assent to any and all such amendments by Declarant reserved in this Section 14 and grant to Declarant and its successors and assigns an irrevocable power of attorney, coupled with an interest, to execute, seal, deliver and file on their behalf any and all such amendments.
(f) Signature and Certification Requirements. No amendment shall be effective until recorded with the Worcester Northern District Registry of Deeds. Said amendment shall either be signed by Declarant or its successors or assigns (for Declarant amendments pursuant to Sections 14 (d), (e) and (f)) or, with respect to all other amendments, signed and acknowledged by the President or Vice President and the Treasurer or Vice Treasurer of the Liberty Commons Condominium Association and shall include a certification by the Clerk of the Association that the voting percentages required by this section have been met.
(g) Improvements to Condominium Units and to Common Elements. Notwithstanding any other provision in this Master Deed to the contrary, the Declarant reserves for itself; and Declarant’s successors or assigns, for a period of seven (7) years from the date of the recording of this Master Deed, and notwithstanding the conveyance by Declarant of record title to any Unit, the right (but not the obligation) to construct any improvements to the Units and to the Common Elements of the Condominium, specifically including, but not limited to: (a) the right to enter, and to construct the proposed improvements to, certain Units that are shown as Proposed Additions on the Condominium Floor Plans recorded on this date; (b) the right to enter, and to make alterations or modifications to, any Unit that adjoins a Unit to which improvements are to be made; and (c) the right to construct, repair or replace, sidewalks, retaining walls, decks or other Common Element improvements, at any time, and from time to time, all without the further consent of any Unit Owner or any Mortgagee, other than the acceptance and recording of a deed or mortgage to a unit and, in furtherance thereof; to unilaterally amend this Master Deed so as to submit to the provisions ofChapter 183A of the Massachusetts General Laws the modifications to any Units in the event of improvements (collectively the”Unit Modifications”).
The amendments due to any Unit Modifications may be added in any sequence in the Declarant’s sole discretion and nothing contained herein shall constitute a warranty or representation obligating the Declarant to construct any improvements. Any such amendment(s), however, shall contain with respect to the Unit Modifications, all of the particulars required by Chapter 183A:
(1) The Declarant or its successors or assigns shall have the right to change the number and percentage interest in the common elements of all units, provided however, that the new percentage interest in common areas and facilities with respect to the units previously submitted to the provisions of said Chapter 183A shall be the approximate relation that the fair value of the unit on the date of the amendment to this Master Deed bears to the then aggregate fair value of all the units.
(2) The Declarant reserves and shall have the right, without the consent of any Unit Owner, pursuant to and in accordance with the provisions of this Section, to develop and construct the Unit Modifications and all utilities and other improvements and amenities pertaining thereto and to grant easements across, under, over and through the land or any portion thereof which Declarant deems necessary or convenient in connection with the related construction, provided this does not interfere with existing rights or easements granted by this Master Deed.
(3) The Declarant expressly reserves and shall have the right to make such use of the common areas and facilities of the Condominium as may reasonably be necessary or convenient to enable the Declarant and its contractors to complete the Unit Modifications or to the Common Elements generally.
(4) The Declarant expressly reserves, and shall have the right to enter, and to make alterations or modifications to, any Unit that adjoins a Unit to which improvements are to be made, as may be necessary or convenient to enable the Declarant and its contractors to complete any Unit Modifications or improvements to the Common Elements generally.
(5) Ali improvements constituting the Unit Modifications shall be consistent with the initial improvements in structure type and quality of construction.
(6) The Unit Modifications shall be shown on a plan which shall have all the particulars required by the provisions of M.G.L. Chapter 183A which shall be recorded with the Worcester Northern District Registry o f Deeds.
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