Ronald Wilson, acting in his capacity as present and sole trustee of Canoe Club Homeowners Association Trust u/d/t dated December 22, 2004 and recorded Plymouth County Registry of Deeds, Book 29737, Page 54 and as the Owner of Record of 18 lots within the subdivision known as Canoe Club in Pembroke MA and under the provisions of Paragraph 18 of said Trust hereby revoke the provisions of the Canoe Club Association Trust dated December 22, 2004 and recorded with Plymouth County Registry of Deeds in Book 29737, Page 54 and hereby restate the provisions of said Trust and re-record same so that the provisions of this Restated Homeowner Association Trust shall govern the use of the various premises and provide for the preservation and maintenance for the common enjoyment and benefit of the Owners all as specified in Paragraph 2 hereof.
This Declaration of Trust dated as of the 26th day of January, 2005, by Ronald Wilson, Trustee of Lucy Realty Trust, under Declaration of Trust dated October 16, 1992 and recorded at the Plymouth County Registry of Deeds in Book 11350, page 236 (hereinafter, with his successor(s) in trust, referred to as the "Trustees").
1. Trust Name. The name of the Trust shall be "Canoe Club Homeowners Association Trust" (hereinafter, the "Trust").
2. Purpose of the Trust. The purpose of this Trust is to provide for the preservation and maintenance for the common enjoyment and benefit of the Owners (as hereinafter defined) of roadways; two (2) easements titled "20’ WIDE WALKING, ISLAND ACCESS, BOARDWALK & COMMON USE EASEMENT"; the easement titled "INDIAN CAMP"; the "ACCESS EASEMENT" over Lot 9; two (2) "LANDSCAPE EASEMENTs", one located on Lot 1 and one located on Lot 19; and the "RECREATIONAL PARCEL" (also known as Parcel B on prior plans)( hereinafter titled "Amenities"), shown on a plan of land entitled, "Plan of Land Canoe Club Lane, Pembroke Massachusetts, Prepared for Ron Wilson, Dated December 3, 2004" which Plan is duly recorded December 7, 2004, with the Plymouth County Registry of Deeds as Plan 04-1004 ; and any other property, real or personal, which may hereafter be acquired by the Trustee(s) for the benefit of the beneficiaries, and to provide for the administration and enforcement of the Declaration of Restrictive Covenants and the Declaration Of Covenants For Ownership, Control, Maintenance And Preservation Of the Amenities, both of which are recorded with the Plymouth County Registry of Deeds in Book 29737, Page 43 and Book 29737, Page 49 respectively. For all purposes herein noted concerning the maintenance of roadways these statements, obligations and requirements shall be effective only and until said roadways have been accepted by the Town of Pembroke.
All of the Owners as holders of beneficial interests in this trust shall have the right to use the Trust property subject to and with the benefit of:
(a) The Declaration of Covenant for Ownership, Control, Maintenance and Preservation of the Amenities recorded with the Plymouth County Registry of Deeds (the "Declaration") in Book 29737, Page 49;
(b) the Declaration of Restrictive Covenants recorded with Plymouth County Registry of Deeds in Book 29737, Page 43 (the "Restrictions")’;
(c) the restrictions and obligations contained herein;
(d) the rules and regulations to be established from time to time by the Trustees; and
(e) the Amenities
3. Beneficiaries. The beneficiaries of the Trust shall be the Owners. The word "Owner" or
"Owners" shall mean and refer to the record holder from time to time of the legal title in fee to Lots 1 to 19 inclusive, which constitute certain tracts of land known as "Canoe Club" and which are shown on the aforementioned plan of land. The holder of legal title in fee shall include the holder of the equity of redemption in the case of mortgaged land and one having a legal life tenancy or other estate in possession and shall exclude a lessee, tenants, mortgagee and one having a legal estate in remainder or otherwise subsequent to a legal estate in possession and also excluding the Trustees as owners of the Trust property. Trustees may be Owners only by right of their ownership of individual Lots. Two or more persons or entities holding record title to the same parcel or parcels shall be treated as a single Owner; exercise of their rights as such Owners shall be by their unanimous action; their obligation to pay any assessment shall be joint and several. If the same Owner shall hold record title to more than one Lot, such Owner shall be treated as a separate Owner for each such Lot.
4. Powers and Duties of Trustees. For the purpose of carrying out the terms of the Trust, the Trustees shall have the powers and duties necessary for the administration of the property described above, including without limitation the following powers which may be exercised by them without any action or consent by the Owners and which shall continue after the termination of the Trust for the purpose of disposing of the Trust property and until final disposition thereof:
(a) to maintain, repair, improve, change or alter any property, real or personal;
(b) to acquire by purchase, lease or otherwise, property convenient to the performance of their functions as Trustees;
(c ) to adopt reasonable rules and regulations governing the enjoyment of the Owners of the Trust property;
(d) to convey permanent easements and lesser interests in, upon and over any ways for the installation, maintenance, repair and replacement of utilities and other services and rights incidental thereto;
(e) to make contracts which the Trustees deem convenient to the performance of their duties as Trustees;
(f) to employ legal counsel, accountants, and other consultants, and to pay for the cost of same from Trust assets;
(g) to borrow money;
(h) to open bank accounts in the name of the Trust or the Trustees with power in any one of the Trustees to draw on such accounts;
(i) to procure insurance;
(j) to pay, resist, compromise or submit to arbitration any claim or matter of dispute;
(k) to determine and collect the common and special charges from the Owners and to pay such common and special charges;
(l) to enforce compliance with and to administer the provisions of the Declaration and of the Restrictions, including the taking of appropriate legal action to collect common and other lawful charges;
(m) to exercise any other powers which may be necessary or desirable for carrying out the terms of the Trust or which the Trustees may have under any present or future statute or rule of law; and to execute and deliver all appropriate instruments in connection therewith;
(n) to sell, exchange, mortgage, pledge, lease, rent and otherwise dispose of any Amenity, however, only with the written consent of seventeen (17) Owners; and
(o) to install, purchase, build or acquire hot tubs and/or swimming pool(s), however only with the written consent of Fourteen (14) Lot owners.
5. Common and Special Charges. The Trustees shall from time to time, and at least annually, prepare a budget for the Trust to determine the amount of the common charges payable by the Owners to meet the common expenses of the Trust. The Trustees shall have the power to raise such amount of money to meet any needs of the Trust by assessing on each occasion upon all the land (which term shall include land and improvements thereon) of each Owner, such Owner’s proportionate share of the total amount to be raised. Such share shall be determined by dividing the total amount to be raised by the total number of Owners. The budget prepared by the Trustees shall include amounts for:
(a) the care, upkeep and maintenance of the trust property and Amenities;
(b) all insurance premiums for such insurance as the Trustees deem necessary and appropriate;
(c) all expenses relating to the financing and paying taxes;
(d) the amount the Trustees shall deem necessary and appropriate for the working capital of the Trust, for an operating reserve for expenses, a reserve fund for replacements, and any charges for deficits from previous operating years;
(e) all expenses of enforcement of and compliance with the Declaration, the Restrictions, and this Declaration of Trust; and
(f) any expenses from section 4 above.
In addition, the Trustees shall have the power to assess individual Owners for special charges in connection with extraordinary repairs or replacement caused by the actions of said Owner which is not common to all Owners.
The Trustees shall upon reasonable request render written certificates in form suitable for recording, indicating that no payments are due to the Trust with respect to any common or special charges, which certificates when duly recorded shall be conclusive as to the facts stated therein.
6. Payment of Common and Special Charges. All Owners shall pay the common charges assessed by the Trustees in an annual payment on the first day of each, any, every fiscal year, or at such other time or times as the Trustees shall determine. Owners shall contribute in advance an amount not to exceed one year’s estimated share of common expenses to provide a working capital fund, and to maintain said fund as required by the Trustees. Special charges shall be paid within thirty (30) days after written notice from the Trustees, or as the Trustees may in their sole and absolute discretion otherwise require.
7. Lien for Common and Special Charges. Each common or special assessment so made upon an Owner shall constitute and remain a charge and lien upon such Owner’s land and every portion thereof.
8. Liability of Trustee(s). All persons extending credit to or contracting with or having any claim against the Trustees hereunder shall look only to the Trust property for any such contract or claim, so that neither the Trustees nor the Owners shall be personally liable therefore. No Trustee hereunder shall be liable to this Trust or to the Owners for the default of any other Trustee, or for leaving property in the hands of another Trustee, or for any error of judgment or law on his own part, but shall be liable only for his own willful default. Any Trustee hereunder shall be reimbursed in full by the Trust for any loss or expense incurred or suffered by him or his estate as a result of his acting as Trustee hereunder, excluding only such loss or expense resulting from his own willful default.
9. Reliance by Third Parties. No person dealing with any Trustee shall be bound to inquire concerning the validity of any act purporting to be done by him or be bound to see to the application of any money paid or property transferred to him or upon his order.
10. Financial Records. The Trustees shall at all times keep property records and accounts of the affairs of the Trust which shall by open to inspection by any Owner at all reasonable times. At least once each year the Trustees shall render a written report and financial statement to the Owners. The written approval by a majority of the Owners of any report or financial statement by the Trustees shall be, as to all matters and transactions stated in said report or statement or shown thereby, a full and complete discharge of the Trustees and shall be final and binding upon all Owners.
11. Trustees in Number and Terms, Upon the expiration of the term of Ronald Wilson as sole Trustee, there shall be three (3) Trustees hereunder. No Trustee need be an Owner. The term of each Trustee shall expire at the time fixed herein for the annual meeting of the Owners to be held in the third year after the election of such Trustee, provided that:
(a) the initial term of Ronald Wilson shall expire at the earlier of the time fixed for the annual meeting to be held in 2010, or in the year in which, by April 30th, 18 Lots have been sold and conveyed; or at any earlier time that Ronald Wilson shall designate, provided that in the event that said Ronald Wilson shall have died or shall be unable or unwilling to complete his term as above stated, then the Trustee of Lucy Realty Trust, or other assign, shall be his successor for the remainder of the term, and as such, said Trustee shall have all rights and obligations as did said Ronald Wilson.
(b) at the initial election in 2010 or sooner as stated in (a) above, there shall be three Trustees elected, one for a One year term, one for a Two year term, and one for a Three year term.
12. Election of Trustees. At each annual meeting of the Owners, commencing with the election after the initial one, except as hereinabove provided, the Owners shall elect one Trustee for a term expiring at the time fixed for the annual meeting to be held in the third year after such election. The election of any trustee shall require the affirmative vote of no less than 10 Lot owners.
13. Vacancies and Removals. Any Trustee may at any time resign as Trustee by a written instrument signed by him, acknowledged and delivered to the remaining Trustees. Upon the death or resignation of any Trustee a vacancy in the office of Trustee shall be deemed to exist, and a new Trustee shall be elected for the unexpired term by the remaining Trustee or Trustees. Any successor Trustee shall qualify as a Trustee by written acceptance, signed and acknowledged by him. The written resignation and written acceptance shall be recorded with the Registry of Deeds. Pending any election of a successor Trustee, the remaining Trustee or Trustees shall have and may exercise all powers, authorities and discretions conferred by this Trust. Upon the election of a successor Trustee the trust property shall vest in the successor Trustee and the continuing Trustees without further action.
14. Fidelity Bonds and Surety. The Trustees may, but need not, obtain fidelity bonds in amounts which they may deem reasonable sufficient to cover Trustees and employees of the Trust handling or responsible for funds, and the cost of such bond or bonds may be paid from Trust funds as a common expense.
15. Owners’ Annual and Special Meetings. Any action or consent by the Owners shall be taken or given at the annual meeting or at any special meeting of the Owners. The annual meeting of the Owners shall be held on the second Saturday in April of each and every year at an hour and place within the Town of Pembroke, Massachusetts, to be fixed by the Trustees. If no annual meeting has been held on the date fixed above, a special meeting in lieu thereof may be held. Additional special meetings of the Owners must be called by the Trustees upon written application to the Trustees of at least ten (10) Owners. A written notice of the place, date and hour of all meetings of Owners shall be given by the Trustees at least fourteen (14) calendar days before the meeting to each Owner. Such notice shall be deemed given if sent by first class mail, postage prepaid, to the address of the Lot, or to such other address as an Owner may in writing from time to time file with the Trustees. Notice need not be given to an Owner if a written waiver of notice, executed before or after the meeting by such Owner or his attorney thereunto authorized, is filed with the records of the meeting.
16. Quorum. Twelve (12) Owners shall constitute a quorum at any meeting, but if a quorum is not present, a lesser number may adjourn the meeting from time to time and the meeting may be held as adjourned with further notice.
17. Voting. Each Owner shall be entitled to one vote for each Lot owned in Canoe Club. Such vote may be cast in person or by proxy. Any instrument dated not more than six months before the meeting purporting to grant authority to another to cast votes, duly executed by the Owner and acknowledged before a notary public, shall be deemed a proxy. A proxy shall be revocable at any time by written notice to the Trustees. When a quorum is present, any matters before the meeting shall be decided by a majority vote of the Owners, except where a larger vote is required by law, by the terms of the Trust, or by the terms of the Restrictive Covenants.
18. Termination or Amendment by Consent. The Trust may be terminated or amended at any time by an Instrument in writing signed by the Trustees and assented to in writing by Sixteen (16) of the current Owners of Record.
19. Disposition of Trust Property. Upon termination of the Trust, the Trust property shall be conveyed to the Owners as tenants in common, subject to all matters of record, which thenceforth shall be enforceable by and against the Owners, jointly and severally.
20. Notices. Except as may otherwise be provided herein, all notices to the Owners shall be sent to the Owners or to such one of them as they may designate in writing from time to time, at the last address of such Owner as it appears in the records of the Trust. Changes in the Owners or their addresses shall be noted in the records of the Trust only upon written notice filed with the Trustees. Notice shall be deemed given as of the date of mailing by first class mail, postage prepaid.
21. Termination by Law. The Trust, unless sooner terminated as herein provided, shall terminate ninety years from the date hereof.
22. Incumbency of Trustees. A certificate signed by any Trustee and acknowledged before a Notary Public shall be conclusive evidence in favor of any person, firm, corporation, trust, association or other entity acting in good faith in reliance thereon as to the truth of any matter or facts stated therein relating to:
(a) the death, resignation, removal or appointment of a Trustee or to the delegation by a Trustee to another Trustee of his powers, authorities and discretions;
(b) compliance by the Trustees and Owners with any requirements of this Trust;
(c ) the terms of this instrument and any amendment or termination of this Trust;
(d) the fact of and the validity of any action taken by the Trustees or Owners and to the authority of the Trustees or Owners to take such action; the number of Owners acting in favor of any matters; or
(e) any other matter whatsoever pertaining to the Trustees, Owners or the Trust property.
When recorded with the Plymouth County Registry of Deeds, such certificate shall be conclusive evidence to all persons regardless of whether they have notice thereof or act in reliance thereon.
23. Recording. The termination and all amendments to the Trust, resignations and appointments of Trustees shall be recorded with the Plymouth County Registry of Deeds and any person shall be entitled to rely on the records of said Registry with respect to the termination of the Trust, the terms of the Trust, any amendments thereto, the identity of the Trustees, the identity of the Owners, and to any other matter pertaining to the Trust, the Trustees, the Owners or the Trust property.
24. Applicable Law. This Trust shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
25. Insurance. The Trustees shall obtain and maintain to the extent possible the following:
Property Insurance. A policy covering all of the major property of the Trust (except land, foundation, excavation and other items normally excluded from coverage) to the extent that they are part of the common elements of the Trust, as well as any common personal property and supplies, and any other common personal property belonging to the Trust, and which shall afford protection at least against loss or damage by fire and other perils normally covered by the standard extended coverage endorsement. This policy shall be in an amount equal to 100% of current replacement cost of the property (excluding the items normally excluded from coverage, and shall include a Replacement Cost Endorsement. The policy shall contain a clause which provides that it may not be cancelled or substantially modified without at least 10 days written notice to the Trust.
Liability Insurance. A policy for comprehensive general liability insurance coverage covering all of the common areas of the Trust. Such coverage shall be for not less than One Million ($1,000,000.00) Dollars for bodily injury, including death of persons and property damage arising out of a single occurrence, and shall include, without limitation, legal liability of the insured(s) for property, bodily injuries and death of persons in connection with the operation, maintenance or use of the common areas, legal liability arising out of law suits related to employment contracts of the Trust. This policy shall not be cancelled or substantially modified without at least 10 days prior written notice to the Trust.
26. Severability. If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect.
AMENDMENT
Recorded 1/5/2009
CANOE CLUB RESTATED HOMEOWNER ASSOCIATION TRUST,
DECLARATION OF RESTRICTIVE COVENANTS/CANOE CLUB, AND
CANOE CLUB DECLARATION OF COVENANTS FOR OWNERSHIP,
CONTROL, MAINTENANCE OR PRESERVATION OF THE AMENITIES
Ronald Wilson, Trustee of the Canoe Club Homeowners Association Trust as provided in the Canoe Club Restated Homeowner Association Trust dated January 26, 2005 and recorded with the Plymouth County Registry of Deeds, Book 29899, Page 267, and Ronald Wilson, as the Declarant as provided in Declaration of Restrictive Covenants/Canoe Club dated December 22, 2004 and recorded with the Plymouth County Registry of Deeds, Book 29737, Page 43, and Ronald Wilson, as Declarant for Canoe Club Declaration of Covenants for Ownership, Control, Maintenance or Preservation of the Amenities dated December 22, 2004 and recorded with the Plymouth County Registry of Deeds, Book 29737, Page 49, and as Trustee of the Canoe Club Restated Homeowner Association Trust afore-referenced, having received the written consent of 16 owners of record of the lots in Canoe Club, as those lots are shown on a plan of land recorded with the Plymouth County Registry of Deeds, Plan Book 54, Page 15, in his respective capacities, hereby places of record the following amendments to the instruments herein described:
CANOE CLUB RESTATED HOMEOWNER ASSOCIATION TRUST
(Plymouth County Registry of Deeds, Book 29899, Page 267)
The Canoe Club Restated Homeowner Association Trust, as described herein, is amended as follows:
2. Purpose of the Trust. The purpose of this Trust is to provide for the preservation and maintenance for the common enjoyment and benefit of the Owners (as hereinafter defined) of roadways; two (2) easements titled “20’ WIDE WALKING, ISLAND ACCESS, BOARDWALK & COMMON USE EASEMENT”; the easement titled “INDIAN CAMP”; the “ACCESS EASEMENT” over Lot 9B; two (2) “LANDSCAPE EASEMENTS”, one located on Lot 1 and one located on Lot 19A; and the “RECREATIONAL PARCEL” (shown on a plan entitled “Plan of Land Canoe Club Lane, Pembroke, Massachusetts, Prepared for Ron Wilson, 158 Center Street, Pembroke, Massachusetts, December 17, 2007, Scale: 1”= 40’, which plan is duly recorded with the Plymouth County Registry of Deeds in Plan Book 54, Page 17); and any other property, real or personal, which may hereafter be acquired by the Trustee(s) for the benefit of the beneficiaries, and to provide for the administration and enforcement of the Declaration of Restrictive Covenants and the Declaration of Covenants for Ownership, Control, Maintenance and Preservation of the Amenities, both of which are recorded with the Plymouth County Registry of Deeds, Book 29737, Page 43 and Book 29737, Page 49, respectively, as may be amended from time to time. For all purposes herein noted concerning the maintenance of roadways, these statements, obligations and requirements shall be effective only and until said roadways have been accepted by the Town of Pembroke.
All of the Owners as holders of beneficial interests in this Trust shall have the right to use the Trust property subject to and with the benefit of:
(a) the Declaration of Covenant for Ownership, Control, Maintenance and Preservation of the Amenities recorded with the Plymouth County Registry of Deeds (the “Declaration”) in Book 29737, Page 49, as amended;
(b) the Declaration of Restrictive Covenants recorded with Plymouth County Registry of Deeds in Book 29737, Page 43, as amended (the “Restrictions”);
(c) the restrictions and obligations contained herein, as amended;
(d) the rules and regulations to be established from time to time by the Trustees, as amended; and
(e) the Amenities, as amended.
3. Beneficiaries. The beneficiaries of the Trust shall be the Owners. The word “Owner” or “Owners” shall mean and refer to the record owner from time to time of the legal title to any individual residential lot within “Canoe Club” as shown on the aforementioned plan. In the event two or more lots are, for any reason, merged or combined into a single residential lot, the resulting residential lot shall constitute a single beneficial interest in the Trust for all purposes relating to voting and for any assessment, common or special charge due to the Association. The holder of legal title in fee shall include the holder of the equity of redemption in the case of mortgaged land and one having a legal life tenancy or other estate in possession and shall exclude a lessee, tenants, mortgagee and one having a legal estate in remainder or otherwise subsequent to a legal estate in possession and also excluding the Trustees as owners of the Trust property. Trustees may be Owners only by right of their ownership in individual lots. Two or more persons or entities holding record title to the same parcel or parcels shall be treated as a single Owner; exercise of their rights as such Owners shall be made by their unanimous action; their obligation to pay any assessment shall be joint and several. If the same owner shall hold record title to more than one residential lot, such Owner shall be treated as a separate Owner for each such lot provided, however, in the event two or more lots are merged into a single residential lot, the Owner shall be that of a single lot.
18. Termination or Amendment by Consent. The Trust may be terminated or amended at any time by an instrument in writing signed by the Trustee(s) and assented to in writing by eighty percent (80%) of the current Owners of Record.
Except as specifically amended hereby, all other terms and conditions of the Canoe Club Restated Homeowner Association Trust shall remain in full force and effect.
DECLARATION OF RESTRICTIVE COVENANTS/CANOE CLUB
(Plymouth County Registry of Deeds, Book 29737, Page 43)
The Declaration of Restrictive Covenants/Canoe Club as specifically described herein is amended as follows:
1. Use. No lot may be used for any purpose other than for one single-family residence and appurtenant out buildings. If any two or more lots are combined to create a larger lot for a single house, then the Owner of the combined lots shall remain liable for the obligations and enjoy the privileges of a single lot. No time sharing arrangements, condominiums, cooperative or other multiple ownership shall be permitted. Lot Owners may not sell, rent, or otherwise assign their interest in the common amenities of Canoe Club separately from the lot, nor may homes be rented for less than six consecutive months. Lot 19A and 18A may be used for a home professional office, as allowed under the Town of Pembroke Zoning Regulations, Sections IV, 1.A.3. All parking spaces related to professional office use must be shielded from view from the street. Business signs up to two feet square are allowed on these two lots only and must be approved by the Declarant or his assigns prior to installation. There shall be no outside display of goods, merchandise or equipment. No lots may be further subdivided, unless prior written approval is obtained from the Declarant or his assigns.
2. Appearance. No house trailers, portable houses or other temporary shelter shall be parked, stored or used on the premises. No boats, recreational vehicles, machinery, or unregistered vehicles shall be kept or stored in the front or side yards of the lots and, when stored in the rear, shall be minimally visible from Canoe Club Lane and adjoining homes, as determined by the sole discretion of the Declarant or his assigns. No trucks or commercial vehicles shall be parked in the open overnight or otherwise kept in the front or any side yards of any lot, including Lots 19A and 18A, or be visible from the street or adjoining lots. For Sale and Open House signs are limited to 5 square feet each. One builder sign up to five square feet is allowed during construction, but not for more than fourteen consecutive months.
10. Easements. Lot owners agree to grant grading easements for the benefit of adjoining the lots, if required, for septic systems. River front owners agree to allow neighboring docks to extend within 12 feet of their lot lines. Lots 10A, 11A, 12A,13C and 15C grant to each lot owner within Canoe Club and the Trust common use easements of Indian Camp Island and the natural bank path as shown on the plan recorded with the Plymouth County Registry of Deeds, Plan Book 54, Page 15. Lots 10A and 11A grant to the lot owners in Canoe Club and the Trust a 15’ wide access easement from the natural bank path to Indian Camp Island. Lots 1 and 19A grant to the Trust the landscape easements shown on the aforementioned plan.
13. Declarant Use: So long as the Declarant owns any lot within the subdivision, he shall retain exclusive use of the second floor (upstairs) and the first floor storage closet, at the boathouse, and shall be permitted to use all facilities and common areas for selling activities, including placement of signs on his lots, in common areas, or at the entrance, and is not subject to the sign limitations of Paragraph 2 hereof. These rights shall expire on June 30, 2011. The Declarant, however, or his successors in interest, shall retain a permanent non-voting membership in the Trust including equal rights to all common facilities as is accorded to lot owners, however, the Declarant will not be subject to any dues, fees, or assessments other than for lots which the Declarant owns.
Except as specifically amended hereby all other terms and conditions of the Declaration of Restrictive Covenants/Canoe Club shall remain in full force and effect.
CANOE CLUB
DECLARATION OF COVENANTS FOR OWNERSHIP, CONTROL, MAINTENANCE OR PRESERVATION OF THE AMENITIES
(Plymouth County Registry of Deeds, Book 29737, Page 49)
The Canoe Club Declaration of Covenants for Ownership, Control, Maintenance or Preservation of the Amenities as herein described is amended as follows:
All references in said Declaration of Covenants for Ownership, Control, Maintenance or Preservation of the Amenities shall refer to a certain plan entitled, “Plan of Land, Canoe Club Lane, Pembroke, Massachusetts, Prepared for Ron Wilson, 158 Center Street, Pembroke, Massachusetts, December 17, 2007, Scale: 1” = 40’, said plan being recorded with the Plymouth County Registry of Deeds at Plan Book 54, Page 15; said plan being an amendment to the subdivision plan recorded with the Plymouth County Registry of Deeds as Plan No. 04-1004.
4. (a) Each lot in Canoe Club is hereby declared rendered subject to the provisions hereof and each Owner of a lot therein, whether as an individual or any other tenancy or entity, shall be required to bear the expense for the maintenance of the road until such time as said expense may be assumed by the Town of Pembroke. The road shall be held by the Declarant for the use and benefit of all lot owners and the amenities, other than the road, which are to be held for the use and benefit of all lot owners, by the Trust. Beneficial interest shall be defined as provided for in paragraph 3 of the Declaration of Restrictive Covenants/Canoe Club, as amended. All amenities shall remain in undivided beneficial ownership, and no owner or any other person shall bring any action for petition or division of any part thereof except if and upon amendment as provided herein.
Except as specifically amended hereby any and all other terms of the Canoe Club Declaration of Covenants for Ownership, Control, Maintenance or Preservation of the Amenities shall remain in full force and effect.
IN WITNESS HEREOF, I have set my hand and seal this 31st day of December, 2008.
