FOREST ROW ASSOCIATION AGREEMENT
An agreement between owners of Units 1-18
located on land leased from
THE COMMUNITY LAND TRUST IN THE SOUTHERN
BERKSHIRES, INC.
at Forest Row, Great Barrington, Massachusetts
The undersigned, in
consideration of the mutual promises and agreements herein and the parties'
reliance thereon, being lessees from the Community Land Trust in the Southern
Berkshires, Inc. (hereinafter referred to as CLT), of land in "Forest
Row", so-called, being a Planned Unit Residential Development (PURD)
developed by CLT, hereby enter into this Agreement to specify the rights and obligations of the parties hereto
(Lessees) in their use of dwelling units on and within the premises owned by
CLT, and in their individual and common use of land within said premises.
1) Each of the parties hereto is a party
to a lease with CLT for use of a residential site, and is an owner of a
residential unit on that site, each unit being designated hereinafter on the signatories page in
correspondence to the designations of eighteen (18) units on the Forest Row
Plan attached to the leases of the parties and which plan is a part of the PURD
plan approved by the Town of Great Barrington, Massachusetts. Each unit owner, jointly and severally,
acknowledges that he/she/they as holders of a valid lease from CLT, are
entitled to a one-eighteenth (1/18) interest in matters of joint or mutual
concern regarding use of land specified in the aforesaid lease agreement, and
where a vote is required or allowed, each unit owner shall be entitled to one
(1) vote of the total eighteen (18) votes.
2) For purposes of facilitating resolution
of issues and concerns joint to the use of said premises and said units, the
parties hereto agree to form an Association which will meet from time to time
to discuss issues relating to their common interest in said units and common
interest in and use of said premises, and to adopt regulations relating to such
common interest and use and costs relating to same. Any such regulations shall be subject to and not
inconsistent with the terms and provisions of the said CLT lease, and no such
regulations shall be made or enforced in such a way as to impair or adversely
affect the rights of mortgage holders of the parties hereto. A meeting of the Association may be
held upon request of any two parties, such request to be upon reasonable
notice. Decisions of the
Association shall be by majority vote, the owners of each dwelling unit being
entitled to one (1) vote. In the
event that not all eighteen (18) votes of the Association can be exercised by
lessees due to lack of a valid lease from CLT, CLT shall be entitled to
exercise those votes to make a total of eighteen (18). The parties hereto stipulate that their
Association is not a partnership, and the parties have no intent of creating
partnership rights and liabilities.
A copy of the current By-Laws and Policies of the Forest Row Association
is attached hereto. The signing of
this Agreement constitutes an acceptance of these By-Laws and Policies.
3) The parties agree to share equally,
joint costs regarding management and improvements of common areas, providing
that no expenditures in excess of $250.00 shall be made for such work without
the vote or assent of the Association, in accord with its rules and
regulations.
4) In accordance with the By-Laws of the
Association, the parties hereto shall appoint a Management Committee to deal
with the affairs of the Association.
All records of the Association shall be available for inspection by any
of the parties hereto, upon reasonable notice.
5) The Association shall discuss, from
time to time, the advisability of maintaining singular or coordinated insurance
policies, as to building and premises liability insurance.
6) Any party selling or otherwise
conveying his/her/their interest in said premises shall give the transferee
notice of the joint rights and liabilities of the Lessees of CLT and shall
provide to such transferee a copy of the CLT lease and of the rules and
regulations of the Association; the parties agree further, to provide to guests
and invitees reasonable notice/explanation of the Association's rules and regulations,
as such may pertain to such guests and invitees.
7) Any common expense not paid by a party
hereto (or his/her/their successor in interest) shall be deemed a lien against
the equity interest of such party, in accordance with the rights of the mortgage
holders, if any, of such party and of CLT, and this Agreement shall be evidence
of such right in the parties hereto to secure their claim for such contribution
to common expenses. No party shall
be entitled to transfer his/her/their interest to another party as long as such
expense is not paid.
8) In the event a party ceases to be the
owner of a unit, such party shall be entitled to receive, from the Treasurer of
the Association, his/her/their pro-rata share of any funds held by the Association
Treasurer.
9) The parties agree that no unit owner
shall make a substantial material change to the exterior of his/her/their unit
unless same is approved by the Association, and providing that such a change is
not inconsistent with the terms of
the CLT lease.
10) The parties agree that no unit owner
shall make any interior change which may adversely affect the health and
well-being of the other residents of Forest Row; nor shall any unit owner
permit upon the premises (including within each unit) illegal acts or such
other acts which may adversely affect the health and well-being of the other
residents of Forest Row. All
interior work concerning but not limited to the electrical, plumbing or heating
must be done in compliance with all Federal, state or municipal codes.
11) This Agreement may be amended only by a
vote, duly noticed, of at least 75% of the eligible votes in the affirmative
and no such vote shall be or result in acts detrimental to the economic value
of the units.
12) Any conflicts or disputes arising among
parties to this Agreement shall be resolved by arbitration, which arbitration
shall be in accord with the arbitration procedures of the CLT lease to which
the parties hereto are Lessees.
Executed this _________ day
of ___________________, 2_____:
(Signatures
of owners of Units)
______________________________________________ Unit _____
______________________________________________ Unit _____