Rules & Regulations

Summerwood Condominium Trust

300 Falmouth Road

Mashpee , Massachusetts 02649

Rules & Regulations

Summerwood Condominium Trust of Mashpee , Massachusetts has been created with the objective of providing congenial, enjoyable and dignified residential living. In order to accomplish this objective, the Trustees of Summerwood Condominium Trust, responsible for the administration, operation and maintenance of the Condominium pursuant to the By-laws of the Condominium Trust have adopted the Rules and Regulations set forth below.

In order for the Unit Owner to better understand the Rules and Regulations, the defined terms used in the Master Deed establishing the Condominium (“Master Deed”) and the Condominium Trust are used herein with the same meaning as used in said documents, except that, whenever these Rules and Regulations impose a duty of obligation upon a Unit Owner or a rule which a Unit Owner is to observe, obey and comply with, the term “Unit Owner,” as defined in the Master Deed, shall include in addition, when the concept so permits, members, guests and invitees thereof, and any occupants of units in the condominium i.e.; all Tenants.

1.) Use of Condominium:

a) All units within the Summerwood property will be used for the sole purpose of a residence. No industry, business, trade, occupational, or otherwise, designated for profit, altruism, or otherwise, shall be conducted, maintained or permitted on any part of the condominium. Yard Sales, Flea Markets, etc. will not be allowed on Summerwood property. Unit Owners/ Tenants shall not do nor permit to be done anything in or about his or her unit, which will interfere with the rights, comforts or convenience of other Unit Owners.

b) Unit Owners are responsible for the maintenance and repair of their individual unit as defined with the condominium documents. Any unit owner who owns an end unit must have the chimney cleaned and inspected on a regular basis and provide documentation of proof when requested by the Board of Trustees.

c) Unit Owners are responsible for the actions or their Tenants and/or guests.

d) Occupancy in units of the Summerwood Condominium is limited to two (2) persons per bedroom or a total of four (4) persons.

e) If, in the case of an emergency or necessity, or when a Unit Owner cannot be located or refuses entry to a member of the Summerwood Board of Trustees or their designated agent(s), a member of the Board of Trustees or its designated agent(s) may enter such unit(s) by any practical necessary means. The cost of entry or damage that results from such entry shall be borne by the Unit Owner.

f) No owner, tenant, agent, employee, licensee or visitor, at any time may bring into or maintain any flammable, combustible or explosive fluid, material, chemical or substance in any unit, except such lighting, cleaning and other fluids, materials, chemicals and substances specifically permitted hereunder shall be stored and used in a safe and prudent manner.

g) Residents are responsible for bagging all household trash and garbage and depositing it in their assigned dumpster. Furniture, mattresses, appliances, remodeling debris, and all other non-household items and debris should be deposited of at the Mashpee Town Recycling Center . A one-day recycling center pass may be obtained from the Board or Health at the Mashpee Town Hall or the Recycling Center .

h) Dumpsters are for household trash and garbage only and all boxes should be flattened.

i) There shall be no lounging, parking of baby carriages, playpens, bicycles, swimming pools, wagons, toys, and benches or chairs on any part of the front and side common areas of any building.

j) Motorized vehicles are not allowed on any part of the common areas except for designated parking areas.

k) A copy of door keys may be left with the management supervisor with a signed copy of the “Key Release Authorization” form and subject to conditions of the Summerwood Condominium Trust's “Revised Key Policy”.

l) The basement of any unit shall not be used as a dwelling.

2.) Architectural Standards:

a) The architectural character of any community is established by the architects who originally designed it. The Trustees are responsible for preserving the architectural integrity of that design. An Architectural Committee may be appointed by the Trustees for the purpose of maintaining such integrity. Control standards may be established from time to time and all Unit Owners will be informed of such standards. These standards are not intended to stifle the imagination or creative desires of owners, but rather to assure them that protective and value of their property. Therefore, any changes to the exterior of the condominium must be approved in advance in writing by the Trustees, or their on site representative. Any work performed by contractors on an owner's unit must have prior approval by the Board. A copy of the contractor's certificate of insurance liability must also be received. before starting the project. This includes exterior doors and windows. If, when replacing storm doors, front doors, back doors, sliders and windows, your contractor chooses to replace the surrounding “trim” it becomes the unit owner's responsibility to paint the trim the same color as the rest of the building . The door must also be painted the same color as the doors in the building. The painting of the doors and trim must take place within 10 days of any changes.

3.) Common areas:

a) No awnings, antennae, aerials, banners, clothes lines, rental/sale signs, or other alterations shall be attached to the outside walls of the unit, or patio area. Those buildings with antennae on the roof will be removed as the roofs are redone, or if the antennae fall off the roof they will not be replaced.

b) No signs, (i.e., For Sale/Rent, political, etc.) will be displayed inside any window/sliding door or on any part of the buildings and common areas.

c) Signs containing offensive material or language are prohibited.

d) No clothes, clothes lines, sheets, blankets, laundry, any kind of clothing, towels or rugs will be hung at any front, rear or side common areas (including the patio areas).

e) No trash will be left on the front steps or back patio.

f) There is no dumping of cat litter, charcoal, ashes or trash on the property of Summerwood, especially the wooded areas. Violators may be subject to arrest and fines.

g) No items shall be stored in the common area.

h) Only patio furniture, barbecues and plants will be allowed on the patios. Storage of firewood shall be stacked neatly in the wooded area directly behind the unit's patio. Tarps of a dark color may be used (i.e., Brown). Delivery of wood will not be allowed on the grass area. Spas, hot tubs or anything similar are not allowed at Summerwood.

i) The front common area will be used for egress/ingress only, gatherings will be held in the back area.

j) Removal of trees or shrubs from the common areas is strictly prohibited. Flowers may be planted in the front and side of units by the residents provided the flowers enhance the look of the unit.

k) Any request for a variance in the wooded areas to the above paragraphs must be submitted in writing to the Board of Trustees, by the Unit Owner.

l) Holiday decorations are encouraged and can be used in conjunction with state designated holidays. Said decorations must be removed within 7 days following the holiday.

m) Fire pits of any kind are not allowed on Summerwood property.

4.) Parking

a) Each Unit Owner or Tenant is entitled to the exclusive use of one (1) numbered parking space. If space is available, a second vehicle may be parked in any designated guest or visitor space (first come first serve basis). Each unit may utilize only one guest or visitor's space and any additional guests or owner's vehicles must park in one of the overflow lots. Parking rules will be strictly enforced and violator's vehicle may be towed at the violator's sole risk and expense and the unit owner may be fined by the Board of Trustees.

b) Unit Owners/Tenants are to park within the lines in their own numbered space and not park or allow guests to park in any other Unit Owner's/Tenant's numbered space.

c) Parallel parking is strictly prohibited.

d) Parking spaces are for private, non-commercial, registered, operable vehicles with a valid state inspection sticker only. This includes automobiles, motorcycles, passenger vans, and pick up trucks not exceeding one and one-half tons. Without the expressed approval of the “Trustees”, no buses, RV's, campers, trailers, boats, trucks over 1 ½ tons, motorbikes, mopeds or other recreational or commercial vehicles may be parked at Summerwood. Violator's vehicle may be towed at the violator's sole risk and expense and unit owner may be fined by the Board of Trustees.

e) All vehicles parked on the condominium premises shall be at the sole risk of the person so parking, and the Board of Trustees shall not be liable for loss, destruction, theft or damage to such vehicle.

f) Unit Owners/Tenants and guests should observe and abide by all parking and traffic regulations as posted by the Trustees or by municipal authorities. There is no parking on the grass, or along roadways or circles. Vehicles parked in violation of these regulations may be towed at the violator's sole risk and expense.

g) Working on vehicles is prohibited on Summerwood property, Including but not limited to, changing oil, anti freeze, engine work, etc. Damage resulting from an automobile or other vehicle's leaking oil, gasoline or other substance on the common area will be the responsibility of the Unit Owner whose guest's/tenant's vehicle cause such damage.

h) The washing of vehicles will be restricted to the overflow parking areas.

i) During snow conditions, residents will be required to move their vehicle(s) to allow a plowing contractor to remove the snow from the parking lots.

j) All Summerwood residents must register to display a resident parking decal on their vehicle within 10 days of bringing a new vehicle on Summerwood property. You may request a guest sticker if a guest will be parking for longer than 7 days. In order to obtain a Summerwood resident parking decal, one must first submit their registration (we will make a copy) so that we may ascertain that it is indeed a legal and registered vehicle. Vehicles must also have a current state inspection sticker displayed on the windshield. If the vehicle belongs to a “renter”, the name on the registration must match any names appearing on the lease and/ or the Summerwood annual census form.

5.) Contractor Work:

a) Removal of interior construction debris from a unit shall be the responsibility of the Resident. Debris cannot be disposed of in the condominium dumpsters or any part of the common areas. Residents will be charged for the removal of debris and any extra cleaning of the common area and facilities which results from the remodeling of an individual unit.

b) Commercial work within a unit is restricted to between 8:00 a.m. through 5:00 p.m. on weekdays, with the exception of emergency work.

c) All costs for damage or loss to an adjacent unit, which has been caused by the negligent actions of a Unit owner/Tenant, shall be the responsibility of such owner. The “Trustees”, if necessary, shall have the right to assess the owner for any costs attributed to such damage or loss.

6.) Rentals:

a) No unit, other than the whole, shall be rented, let, leased, or licensed for use or occupancy by other than the owners thereof, except to persons who have signed a standard lease form. All Unit Owners are required to submit to the Board of Trustees a copy of the lease prior to signing to ascertain its conformity to these Rules and Regulations of the Summerwood Condominium Trust of Mashpee

b) All Summerwood leases must state: the tenants have read and agreed to abide by all of Summerwood Condominium Trust Rules and Regulations and that repeated violations are grounds for lease termination. No pets are allowed in the unit. The lease must state the names of all persons who are allowed to live in the unit and that no persons other then those listed on the lease are allowed to reside in the unit. No visitors are allowed to stay in the unit for longer than 14 days without the written permission from the owner. Resident parking decals must be obtained within 10 days of move in. The basement cellar cannot be used as a bedroom/sleeping quarters. Repeated violations of any terms of the lease are grounds for lease termination.

c) Unless approved by the Trustees, a residence may not be rented more than once in any twelve month period.

d) Unit Owners are responsible for all actions of their Tenants and lessees including the payment of any or all fines levied by the Board of Trustees as the result of the Tenants and lessees actions.

e) Unit Owners must provide information requested by the Board of Trustees as to the names and other information regarding unit residents whether Tenants or owners, for each unit he/she owns including such information as the number of people occupying the unit. The Unit Owner must update this information within ten (10) days of any change.

f) Any maintenance problems that the Tenant may incur are to be reported to the Owner, the Owner will then contact the maintenance personnel or the Board of Trustees. In the event of an immediate emergency, and the Owner is unable to be reached, the tenant will contact the maintenance personnel or the Board of Trustees first, then the Unit Owner.

g) Tenants are not allowed to vote or hold and elective office on the Board of Trustees. However, they may participate on Committees, which do not have a direct affect on the operations of Summerwood.

h) All Tenants will report problems with their units to their landlord. In the event of an emergency the Tenant will contact the maintenance personnel or the Board of Trustees.

i) If a tenant has any complaints or concerns regarding the daily operations of Summerwood Condominium Trust, they are to address those complaints or concerns directly with the owner of their unit, NOT with Summerwood Condominium Trust.

7.) Safety and Security:

a) The speed limit in the Summerwood Condominium grounds is fifteen (15) miles per hour.

b) Skate boards and roller blades are prohibited in Summerwood.

c) Oil fired, kerosene, and electrical portable type heaters are prohibited for use in any unit in Summerwood.

d) All parents/guardians will be responsible for the safety and actions of their children. Any damage to the common area or injury their children incur will also be the responsibility of the parent/guardian.

8.) Pets:

a) All pets must be licensed and inoculated in accordance with the Town of Mashpee laws.

b) Any pet causing creating a nuisance, unreasonable disturbance or noise shall be permanently removed from the condominium upon three (3) days written notice from the Board of Trustees. In no event shall any pet be permitted in any portion of the common area and facilities, unless carried, or on a leash.

c) Dog/cat runs or anything similar and enclosed pet areas are not allowed. Pets are not allowed to be tied to decks or trees.

d) The designated walking area for the animal is the wooded area surrounding the rear of the units. In the event the animal defecates on the roadway or on common grass areas, it is the Owners responsibility to pick up after the animal.

e) No pets shall be allowed in the pool area, tennis court, or in the grassed areas in front or side of the units.

f) Visitors/guests are not allowed to bring pets on to Summerwood property.

g) The unit owner will be the only one allowed to have pets. It is up to the unit owner to inform their tenants that they are not allowed to have pets.

h) No more than two (2) pets, each weighing forty (40) pounds or less may be kept in any unit at any time.

9.) Tennis Court :

a ) The tennis court will be used only for tennis.

b) No food or beverage will be allowed on the court.

c) Proper foot wear will be worn while on the court.

d) The court will be secured by the players after use.

10.) Swimming Pool:

a) Pool hours are from 8:00 am to 8:00 pm and will be open, for the summer, beginning Friday of the Memorial day weekend through Labor day under discretion of the Board of Trustees.

b) The pool facility is for Summerwood residents and their guests only. No more than four (4) guests per unit are allowed. Residents must accompany their guests at the pool. Tenants must obtain a pool key from the Unit Owner. Only the ADULT in any unit is allowed to bring guests to the pool. Minors/children under 18 years old are not allowed to bring guests to the pool. Whenever “guests” are at the pool, the owner of the unit or the adult whose name appears on the lease MUST be present at the pool.

c) Use of the pool is at the individuals' own risk, peril, and responsibility.

d) A NON SWIMMER must be accompanied in the water at all times by a responsible adult who can swim.

e) The access gate to the swimming pool and tennis court areas will be locked, and must be secured when entering or leaving the pool and tennis areas for security. Each Owner will be issued (1) key for entry and it is the Unit Owners responsibility to see that their Tenant receives the security key to the pool, as well as the return of the key to the Unit Owner upon termination of the lease. Only (1) replacement security key will be issued at a cost of $50 to any Unit Owner. Tenants will not be issued a replacement key.

f) Rafts, air mattresses, toys, flotation devices, snorkel and fin gear, and Styrofoam products are prohibited. Water-wings for children are acceptable as long as a responsible adult swimmer supervises the user in the water.

g) No running, horseplay, ball-playing, Frisbee tossing allowed in the pool area.

h) No food or beverages will be allowed in the pool area.

i) Glass objects of any description or use, (except eyeglasses) are prohibited within and around the pool area.

j) All litter will be disposed of in the litter receptacles or removed from the area.

k) By law, persons having skin abrasions, open blisters, cuts or lesions, infectious skin disease, sores, colds, nasal or auricular discharge, or any communicable illness shall not enter the pool area to swim in the pool.

l) Boisterous and rough play, loud noises/voices, running and diving into any area of the pool are prohibited.

m) No child under 16 is allowed in the pool area without adult supervision.

n) Only proper swimming attire is allowed in the water. No cut-off jeans, pants, cords, tee shirts, etc.

o) Smoking is not allowed in the pool area or pool.

p) No pets are allowed in the pool area or pool.

q) Any babies/toddlers must wear the appropriate undergarment/diaper that is specifically designed for use in swimming pools.

11.) Fines

a) The Trustees and/or Management Company will levy fines for amounts of no less than $10.00 against any Unit Owner who violates , or whose Tenant's (s), guest (s), agent (s) or licensees who violate any provision of the Master Deed, Declaration of Trust, By-Laws or the Rules and Regulations. Each day such violation continues, after written notice from the Trustees/Management Company, shall constitute a separate violation. In addition, any fees (including but not limited to, attorney(s) fees and court costs) incurred by Trustees/Management Company in enforcing the provisions of such documents shall be assessed to the offending Unit Owner.

b) In addition to any fine levied pursuant to paragraph a. above, the Trustees may charge a Unit Owner for the cost of repairing or remedying any damage to the common area or other units or any other out- of- pocket cost incurred by the Trustees, resulting from a violation of the Rules and Regulations.

c} All fines, costs, expenses and late charges which are assessed against any Unit Owner pursuant to the Condominium Trust, and these Rules and Regulations shall be collected by the Trustees in the same manner as common area fee charges. If unpaid, they shall constitute lien on the unit in the manner as unpaid common fee charges.

d) If a Unit Owner wishes to pursue an appeal or a fine, he/she must provide to the Trustees/Management (within five days of the fine notification) a written explanation detailing their reason(s) for the appeal. if an appeal is denied, all fines previously levied to the Unit Owner are due and payable five days after the date of the appeal; denial. If the fines are not paid within five days following the appeal; denial, additional fines will be levied from the appeal; denial.

12.) Condominium Fees and Collection Procedure

a) The monthly condominium fee is due on the 20 th of the month. However there is a grace period until the last day of the month and a late fee will not be charged. However, if the current month's condo fee is not paid by the end of the current month, a $25 late fee will be charged compounded monthly until the condo fee is paid in full. Interest of 18% per annum will also be charged starting on the first day of the following month that the unit owner is in arrears. Example: The August condo fee is due on 8/20. The unit owner has until 8/31 to pay it and not be charged a late fee. If it is not received by 8/31, he/she will be charged a $25 late fee on 9/1 and interest will also be calculated.

b) A delinquent owner will be responsible for attorney's fees and costs incurred in collecting delinquent condo fees. A unit owner's account will be turned over to the Summerwood Attorney when 60 days past due.

c) Unit owners have no legal ability to withhold or offset against any lawfully imposed common area charges.

d) On or about the last grace period day, which is the last day of the month, a reminder notice is sent.

e) If full payment is not sent within 30 days, “Intent to File a Lien” is sent by certified mail. The unit owner will be charged a $12 certified letter fee.

f) If full payment is not received after 60 days, the account is referred to the Association's attorney to commence proceedings to file a civil suit in district court and to enforce a lien on the unit.

g) Once the account is in the attorney's hands, the delinquent owner becomes responsible for all collection costs, interest, postage, attorney's fees and any costs incurred by Summerwood Trust. These costs and fees are not cheap.

h) Once a lien is filed on the home, it becomes a matter of public record and can affect your credit. Additionally, the home can not be sold until the lien is paid in full.

i) The attorney can also file in order to seek a judgment. Costs incurred including additional attorney's fees become the responsibility of the delinquent owner.

j) Once a judgment is received, the attorney can commence proceedings to foreclose upon the unit. All costs associated with the foreclosure are added to the account.