BECKET WOODS COMMUNITY ASSOCIATION
RESTATED DECLARATION OF PROTECTIVE
A. The BECKET WOODS COMMUNITY
ASSOCIATION, INC., is a corporation duly established under the laws
of the Commonwealth of Massachusetts, and having a usual place of business
at Becket Woods, Becket, County of Berkshire and Commonwealth of Massachusetts,
B. The Community Association was established in accordance
with the Declaration of Restrictive Covenants of Becket Woods executed
by the PONDEROSA, INC., dated November 8, 1971 and recorded in the Berkshire
Middle District Registry of Deeds in Book 917, Page
242&c, as amended by document entitled “Amended
Declaration of Restrictive Covenants” dated April 17, 1972, recorded
in said Registry of Deeds in Book 923, Page 655 (together, the “Declaration”).
C. The Community Association is the organization of
lot owners as described in and formed pursuant to the Declaration and
has succeeded to the rights and obligations of the original declarant
and is the entity described in Article VI of the Declaration.
D. The Community Association
and the owners of each of the lots located within the Becket Woods
subdivision (collectively the “Lot Owners” and individually
the “Lot Owner”)
heretofore acquired and each continues to
own, jointly and or severally, one or more parcels of land situate
in Becket Woods as more fully set forth and described on the “Schedule
of Lot Owners” annexed
as Exhibit A hereto.
E. By document entitled “Grant of Rights of Use
and Rights of Way” dated May 24, 1972 and recorded in said Registry
in Book 924, Page 145 and document entitled “Further Grant of Rights
of Use and Rights of Way” dated November 10, 1972 and recorded in
said Registry in Book 930, Page 769 Ponderosa, Inc., the developer of
Becket Woods, granted to the Lot Owners of lots within Becket Woods the
right to use certain common areas within Becket Woods (the “Common
Areas”), subject to the Declaration.
F. The Declaration sets forth
a common development scheme for the lots within Becket
Woods and creates and imposes rights, benefits and obligations affecting
each such lot and affecting the Common Areas within Becket Woods.
G. The Community Association and Lot Owners now desire
to restate and amend the Covenant by adoption of this Restated Declaration
of Protective Covenants.
NOW THEREFORE, the undersigned persons,
being owners of record of lots within Becket Woods, for themselves and
their respective heirs, executors, administrators, successors and assigns
do hereby amend the Declaration in the following manners and respects:
1.ADOPTION OF RESTATED
Declaration is hereby amended by deleting the provisions presently comprising
the Declaration in their entirety and substituting the following provisions
in place thereof, intending that this document constitute the Restated
Declaration of Protective Covenants of Becket Woods (hereinafter sometimes
referred to as the “Restated Covenant” or “Protective
Article I. Effective Date and Term.
(A) Subject to the condition precedent set
forth in Article XIV, the covenants, restrictions and encumbrances set
forth in this Restated Covenant shall be and remain in force until twenty
(20) years from the effective date provided for herein. The effective
date of this Restated Covenant is April 1, 2001. The easements hereinafter
reserved shall remain in force forevermore.
(B) The provisions of this Restated Covenant shall
be extended for successive twenty (20) year periods, upon approval in
writing by the owners of record of not less than fifty percent (50%)
of the land area subject to this Restated Covenant. Such extension shall
be recorded before the expiration of this Restated Covenant or prior
to the end of any twenty (20) year extension or specified period of extension
if less than twenty (20) years.
Article II. Uses. As
used herein, “lot” or “lots” shall
refer to each lot within Becket Woods intended for use as a single family
dwelling; “premises” shall refer to all lands within Becket
(A) No use shall be made of, in, or upon any
lot except uses necessary or incidental to a residence for a single family.
(B) No trailers, trucks, camping trailers, boats or
non operative or unregistered motor vehicles (or any parts thereof) shall
be stored or kept upon the premises; except that boats and camping trailers
may be kept on said premises if they are kept or stored in an enclosure
and not exposed to view.
(C) No livestock, except domestic pets, shall be kept
on the premises; provided however, that domestic pets shall be deemed
to include horses and other equine animals.
(D) No fuel storage tank (except a tank for bottled
gas) shall be kept or maintained on the premises unless the same shall
be buried within the ground.
(E) No garbage, rubbish, junk or other refuse
(other than compost suitable for gardening) shall be deposited or permitted
to remain on any lot unless placed in a closed container.
(F) Clothes lines and drying racks shall be screened
or located so as not to be visible from any point on adjacent lots or
(G) No sign of any kind shall be displayed on any
lot or structure so as to be visible from adjacent lots or roadways except-one
sign not more than two hundred (200) square inches in size. In no event
shall any sign be displayed indicating that the premises or any portion
thereof are for sale, for lease, or for rent.
(H) Telephone and power lines and other utilities
shall be connected to structures on the premises only by underground
conduit, provided, however, that this provision shall not apply if at
the time of installation said underground conduit is not available or
is not in keeping with utility company policy.
(I) No noxious or offensive use or activity, shall
be conducted on the premises nor shall anything be done thereon which
may be or may become an annoyance or nuisance to the neighborhood.
(J) No ski-mobiles or all terrain vehicles or similar
devices shall be used or operated on the premises; provided, however
that motorcycles are permitted on all roads, but not on trails.
(K) Any exterior lighting installed on any building
or lot shall be either indirect or of such controlled focus and intensity
so as not to be of disturbance to residents of adjacent property.
Article III. Buildings.
(A) No building or other structure shall be
erected, altered, placed or permitted to remain on any lot except buildings
designated for occupancy by not more than one family and household guests
and buildings incidental thereto.
(B) No building or structure, or any part thereof,
shall be erected or placed on the premises nearer than thirty (30) feet
from any street line or lot line.
(C) No structure of a temporary character, trailer,
basement, tent, shack, camping unit or other outbuilding shall be brought
on, to, kept or maintained on the premises at any time; except that buildings
used as construction shacks by contractors shall be permitted during
the period of construction.
(D) No building, fence, wall or other structure
or excavation shall be commenced, erected or maintained, nor shall any
addition to, change or alteration therein be made unless the plans and
specifications showing the nature, kind, shape, height, materials, floor
plans, color scheme, locations and approximate cost of such structure,
and the grading plan of the lot to be built upon, shall have been submitted
and approved in writing by the Community Association, or by any person,
corporation, or association to which the Community Association shall
assign this right and duty. The Community Association (or its assignee)
shall have the right to refuse to approve any such plans or specifications
or grading plan, which are not suitable or desirable in their opinion,
for aesthetic or other reasons. The Community Association (or its assignee)
shall have the right to take into consideration the suitability of the
proposed building or other structure and of the materials of which it
is to be built, the site upon which it is proposed to erect the same,
the harmony thereof with the surroundings and the effect of the building
or other structure, as planned, have on the outlook from adjacent or
neighboring property. If no suit shall have been commenced and notice
thereof filed in the Berkshire Middle Registry of Deeds in Pittsfield,
Massachusetts, within three (3) months after the completion of any building
or structure or other improvement, alteration, addition, or landscaping,
the same shall be conclusively deemed to have complied with this restriction.
In making a determination under this paragraph, the Community Association
(or its assignee) shall not unreasonably refuse to approve any proposal.
(E) There is no requirement that any proposed
construction be commenced. However, once any construction is commenced,
the exterior shall be completed within six (6) months.
Article IV. Subdivision.
(A) Each of the lots numbered 1, 3 through
18, 21 through 28, 30, 32 through 146, and 148 through 152 on the plans
of land for the Becket Woods subdivision heretofore recorded in the Berkshire
Middle District Registry of Deeds as amended, may be subdivided, conveyed
or sold so as to result in two (2) lots or tracts, but none of the lots
may be subdivided, conveyed or sold so as to result in more than two
(2) lots or tracts. No subdivision, conveyance or sale shall be made
so that either resulting lot or tract shall be less than one acre. If
a lot is so subdivided, conveyed or sold so as to result in two (2) lots
or tracts, both of such lots or tracts shall, for all purposes hereof
(including, without limitation, assessments) be deemed to be, and shall
constitute, two (2) separate lots unless otherwise provided herein; provided,
however, neither of the lots resulting from the subdivision of one of
the original numbered lots may be further subdivided.
(B) The Meadow Area as
shown on the plan of land entitled “Section A Sheet 3 (Revised), Becket Woods”,
which plan is dated March 27, 1972 and recorded in the Berkshire Middle
District Registry of Deeds in Book 417F, Page 235, may be subdivided
by the Community Association as to contain not more than an aggregate
of thirty (30) lots including the lots numbered A, B, C, and D as shown
thereon and none of the lots situated in the Meadow Area shall be less
than one half (½) acre in size. Neither lots A, B, C, or D nor
any other lots to be situated in the Meadow Area as hereinafter subdivided
by the Community Association may be further subdivided.
(C) Except as otherwise provided for herein, each
lot (including each lot resulting from the subdivision of one of the
original lots as permitted in Article IV, Subdivision A hereof) shall
be subject to all restrictions, covenants and easements as contained
in this instrument.
Article V. Exemptions.
(A) In no event shall
the Community Association be bound by these covenants, restrictions,
easements and encumbrances with respect to lots Number 5, 6A, and 157
as shown on a plan entitled Section A Sheet 1, Becket Woods, a Subdivision
in Becket, Mass., prepared for the Ponderosa Corp., dated May 18, 1971
and prepared by Gordon E. Ainsworth & Associates, Inc., Deerfield, Massachusetts, and recorded
in the Berkshire Middle District Registry of Deeds in Book 417F, Page
201A, as amended and with respect to lot Number 7 as shown on a plan
entitled “Revision to Lots #7, #8, and #9, on Sheet 1 of Section
A, Becket Woods, Becket, Mass., Prepared for The Ponderosa Corp., dated
July 6, 1971 and prepared by Gordon E. Ainsworth & Associates, Inc.,
which plan is recorded in the Berkshire Middle District Registry of Deeds
in Book 417D, Page 189, nor shall any of the covenants, restrictions,
easements or encumbrances prohibit the Community Association, or its
agents, from performing any activity intended for the development and
sale of the above-described premises or additional land presently owned
or hereafter to be acquired by it.
(B) The “25 acre ± parcel” comprised
of Lots 183, 184, 185, 186 and 187, as they appear on a Plan of land
entitled “Section E – Becket Woods, a Subdivision in Becket, Massachusetts,
prepared for Robert E. Hamilton, dated June 6, 1977, revised March 23,
1978” (“the Plan”) recorded in the Berkshire Middle District
Registry of Deeds in Book 417J Page 1, shall be a part of Becket Woods
and subject to this Protective Covenant, provided, however, that said
lots shall be exempted for and not liable for any assessment of the Community
Association unless and until Squirrel Hill Road, as shown on said Plan
shall be constructed, all as provided for in a certain deed from The
Ponderosa, Inc. to Howard Lazar dated May 15, 1978 and recorded in the
Berkshire Middle District Registry of Deeds in Book 1003, Page 850, the
terms of which are incorporated herein by reference.
Article VI. Community Association. The
Community Association shall continue to have, and is hereby granted,
subject only to any limitations herein otherwise expressly provided,
the right to levy assessments on each of the lots (including, without
limitation, each lot as provided for in Subdivision A of Article IV hereof
[except Lots 29, 31, 147 (including 147A and 147B) and those lots described
in Article V, section (B)], and each lot resulting from the further subdivision
of any of the same as permitted therein and each lot in the Meadow Land
as now or hereafter subdivided as provided in Subdivision B of Article
IV) as may be reasonably required for the maintenance (including taxes),
preservation (including protection and repair), embetterment, improvement,
use and operation of (including any and all costs and expenses incurred
in connection with, or arising out of or for such maintenance, preservation,
embetterment, improvement, use and operation) of Becket Woods (being
the premises herein above described as enlarged at any time, or from
time to time, in accordance with provisions of Article X hereof) except
the lots and except, also, any other part or portion of said Becket Woods
as to which the owners of the lots are not granted a right of way or
right of common use. Every grantee and person who acquires title (whether
legal or equitable) to any lot or any part thereof shall be liable for,
and each lot shall be subject to, the assessments properly levied by
the Community Association, and all such assessments shall become liens
on the lots and may be enforced as hereinafter provided. The amount of
such assessments shall be determined from time to time by the Community
Association’s Board of Directors. All assessments shall be levied equally
on each lot without regard to the size or location of such lot and without
regard to any other factor, except as specifically provided for herein.
All persons who hold title (legal or equitable) to a lot shall be entitled
to be members of the Community Association.
The Community Association shall have and is hereby
granted the further right to enforce the provisions of this Restated
Covenant (without limiting the right of the Lot Owners to do so) and
to make such reasonable rules and regulations, not inconsistent with
the provisions hereof, and to provide such means and employ such agents
as will enable it adequately and properly to carry out and enforce the
provisions of this Restated Covenant and also maintain, embetter and
improve Becket Woods. The Community Association may act through such
officers, Board of Directors, Executive Committee and/or Community or
Management Committee as provided for in its By-Laws and as permitted
by law. The Community Association shall for all purposes hereof be deemed
and shall be, the owner of all of the lots that it continues to own of
record at any time and from time to time.
Article VII. Liens. The liens provided
for in Article VI above and Article IX below may be enforced, in case
of nonpayment when due, by sale of the premises subject thereto at public
auction on or near the premises, first complying with the statutes relating
to the foreclosures of mortgages by the exercise of a power of sale insofar
as the same may be appropriate provided that notice of the commencement
of such proceedings and an affidavit of such sale is filed in the Berkshire
Middle District Registry of Deeds. Such sale shall forever bar the owner
and all persons claiming under him from all right and interest in the
granted premises, at law or in equity. Any surplus remaining after such
sale shall be duly accounted for.
The liens provided for herein shall be subordinate
to the lien of any mortgage given by the owner of any lot to the Community
Association or any bank or other lending institution; provided, however,
that any such mortgagee, when in possession, any purchaser at any foreclosure
sale, and all persons claiming under them, shall hold such lot subject
to the obligations and liens set forth herein in and accruing after entry
or sale, whichever is earlier.
Article VIII. Reserved Easements. The
Community Association reserves easements in the lot for all or any of
the following purposes:
(A) Service boxes, wires and conduits for
the transmission of electricity, telephone service, and other purposes,
and for the necessary attachments in connection therewith,
(B) Storm drains and water drains.
(C) Any other method of conducting and performing
any public or quasi-public utility or function over or beneath the surface
of the ground.
The above easements, however, shall not be used to
interrupt or interfere with any building or structure which is completed
or under construction.
(A) The structures and grounds on each lot
shall be maintained in a neat and attractive manner, as shall be determined
by the Community Association in a reasonable exercise of its discretion.
Upon the Lot Owner’s failure to do so, the Community Association may,
at its option, after giving the owner thirty (30) days written notice
sent to his last known address, have the grass, weeds and vegetation
cut when, and as often as, the same is necessary in its judgment, and
have dead trees, shrubs and plants removed from any lot.
(B) Upon the Lot Owner’s failure to maintain the exterior
of any structure in good repair and appearance, the Community Association
may, at its option, after giving the Lot Owner nine (9) months written
notice, make repairs and improve the appearance in a reasonable and workmanlike
(C) The Lot Owner shall reimburse the Community Association
for the cost of any work as required above. To secure such reimbursement,
the Community Association shall have a lien upon such lot enforceable
as provided in Article VII.
(D) No live trees on any lot which are in excess of
six (6) inches in diameter at the base shall be removed, except as may
be necessary for construction as approved in Article III, Section (D)
or as may be necessary for safety or as may be dictated by governmental
(E) No excavation for stone, gravel, sand
or earth shall be made on any lot, except for the purpose of building
basements or cellars of dwelling houses, swimming pools and removing
subterranean fuel oil tanks or grading.
Article X. Enlargement. The Community
Association shall have the right from time to time and at any time to
enlarge the area of Becket Woods and any additional lots or parcels may
at the discretion of the Community Association be given any rights and
easements which the Community Association or any lot owner shall have
under this instrument.
Article XI. Invalidity. If any easement,
covenant, restriction, agreement or charge herein contained should be
held invalid by any court, such invalidity shall in no way affect any
other covenant, restriction, agreement or charge herein contained.
Article XII. Integration With Maintenance
and Road District. In the event that the lots comprising Becket
Woods become subject to the authority of a Maintenance and/or Road
District established for the purpose of maintaining any of the roads
or amenities contained within or forming a part of the Becket Woods
Subdivision, then the Board of Directors of the Becket Woods Community
Association, Inc. shall have the authority, without the need of the
consent of any of the owners of lots subject to this Covenant, to reduce
the assessment made with regard to any such lot so as to eliminate
duplication of expense with regard to the affected lot. The Board of
Directors may, from time to time, establish by rule or regulation the
exact formula by which such reduction shall be determined and made
In the event that a Maintenance and/or Road District
is established, the following provisions shall apply for and with respect
to such District and upon its formation, all to the fullest extent permitted
by applicable law and regulations, including the legislation by which
the District is created.
- Each of the lots referred to in subdivision A of Article V hereof
shall be included in the District for the purpose of the assessment
of taxes on an equal per lot basis.
- The duties and responsibilities of the Community Association provided
for in these Restated Covenants shall be reduced to exclude the duties
and responsibilities transferred to and assumed by the District.
- The Community Association shall continue to levy assessments as provided
for in Article XI of these Restated Covenants as required for its remaining
duties and responsibilities (that have not been transferred to and
assumed by the District).
- The members of the Board of Directors of the Community Association
shall be the members of the Board of Directors of the District (together
with persons appointed by the Town of Becket or otherwise required
- The Protective Covenant will remain in force and effect subject to
the provisions of this Article XII and the provisions of the legislation
and any regulations creating or governing the operation of the District.
Article XIII. Effective Date.
- This Protective Covenant shall be deemed effective
and in full force and effect as of April 1, 2001.
- Upon recordation of this Protective
Covenant, the covenants, restrictions, easements and encumbrances
as set forth herein shall, as of April 1, 2001, supersede and replace
any of those contained in any prior Covenant and those set forth
in each or any of the deeds to the lots set forth on Exhibit A, which
are different in form or substance from this Restated Covenant, provided,
however, that this provision shall not supersede or replace any easements
or agreements heretofore entered into providing for the use of common
driveways by one or more lots or providing for the use of common
areas as set forth in the “Grant of Rights of Use and Rights of Way” dated May
24, 1972 and recorded in said Registry in Book 924, Page 145 and document
entitled “Further Grant of Rights of Use and Rights of Way” dated
November 10, 1972 and recorded in said Registry in Book 930, Page 769
- This Restated Declaration of Protective Covenants
shall be binding on all lot owners who have affixed their signature
hereto, or to a copy hereof which may be attached hereto, or to a joinder
agreement executed after the date hereof intending to adopt the provisions
hereof, and in each case, upon their heirs, successors and assigns.
Article XIV. Condition Precedent. It
shall be a condition precedent to this Protective Covenant becoming effective,
and this Protective Covenant shall not become effective unless and until
one of the following alternatives shall have occurred:
- That this Restated Declaration of Protective Covenants
shall have been executed by owners of not less than 85% of the lots
at Becket Woods subject to assessment; or
- That this Restated Declaration of Protective Covenants
shall have been executed by owners of not less than 60% of the lots
at Becket Woods subject to assessment and the Maintenance and/or Road
District contemplated by Article XII hereof has been formed and is
A statement signed by a majority of the then current
Board of Directors of Becket Woods Community Association, Inc. setting
forth that either of the above conditions precedent has been satisfied,
shall be conclusive with regard to the satisfaction of the conditions
precedent as set forth herein.
This Protective Covenant may be executed in one or
more counterparts at various times and dates. The recording of each signature
page bearing a reference to this Protective Covenant, shall be effective
for all purposes.
IN WITNESS-WHEREOF, the Becket Woods
Community Association, Inc. and each of the individual parties hereto
have set their hands and seals and each of the corporate parties hereto
have caused these presents to be signed in its name and on its behalf
by its duly authorized officer all as of the day and date set forth next
to each respective signature affixed to the several signature pages attached
Becket Woods Community Association, Inc.
August 15, 1998
Hy York, its Treasurer
COMMONWEALTH OF MASSACHUSETTS
BERKSHIRE, ss. August
Then personally appeared the above-named Betty Sheinkman,
President of the Becket Woods Community Association, Inc. and acknowledged
the foregoing to be the free act and deed of said Association.
Koelle, Notary Public
Commission Expires: 4-2-2004