Rules and Regulations

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC. 

RULES AND REGULATIONS EFFECTIVE JANUARY 1, 2020 

(adopted by the Board of Governors October 28, 2019 and distributed to all owners in early November. Contact Linear Property Management for an original hard copy)

The following Rules & Regulations supersede all prior Rules & Regulations. 

Authority to Establish Rules 

Article IV Section 4(j) of the Bylaws of the Ellsworth Village Condominium Association, Inc., grants authority to the Board of Governors of the Association to establish Rules and Regulations concerning the use of units and the common areas and facilities.  Such restrictions and requirements respecting the use and maintenance of the units and the use of the common areas and facilities, are promulgated to prevent the unreasonable interference with the use of the respective units and of the common areas and facilities by separate Unit Owners or deemed necessary for the management and regulation of the Condominium. 

Precedence of Controlling Documents 

In case of conflict between the provisions within the Condominium Documents, the following precedence shall prevail in the order of priority listed: 

1. Federal, State and Local law or any Governmental Agency having jurisdiction thereof 

2. Chapter 183A of the Massachusetts General Laws 

3. Master Deed 

4. By-Laws of the Condominium 

5. Rules and Regulations 

Violations of Provisions of the Controlling Documents 

Violations of the provisions of the Condominium Documents and these Rules and Regulations should be reported to the Board of Governors through the Management Company for the Association. 

Violations of Federal, State, and City laws should be reported to the appropriate governing authority. 

The Board of Governors has the authority to enforce the provisions of the Condominium Documents including these Rules and Regulations. 

Return to: 

Linear Property Management, LLC 

150 Westford Road, Suite 21 

Tyngsboro, MA 01879 Reference  Book    47846     Page 274Page Break 

Unit Owners, unit occupants, and their guests shall observe and comply with such provisions, Rules and Regulations. Violations that continue beyond a time allocated for correction will result in fines.  It shall be the responsibility of the Unit Owner to ensure that violations related to the unit or guests and/or occupants are corrected  

and that any fines and charges by the Association related thereto are paid.  Any related unpaid charges and fines shall constitute a lien upon the unit and are collectable in accordance with Massachusetts General Laws Chapter 183A,     Section 6. 

Delegation of Powers 

The Board of Governors may, at its discretion, delegate its powers and duties with respect to the granting of consents, approvals, and permissions under these Rules and Regulations, to any agent of the Board of Governors. 

Notice  

The Rules and Regulations shall be delivered to each owner and tenant. The Managing Agent shall also have copies available for review during reasonable business hours.  

1. Restriction on Use: Age Restriction  

Please refer to the Master Deed recorded with the Middlesex South Registry of Deeds at Book 47846 Page 274 paragraphs 9(a), 9(b) and 9(c) as it relates to qualifying persons and occupancy restriction.  Refer to the Master Deed Amendment at Book 49743, Page 225 that replaced Section 9(d) in its entirety as follows:   

Overnight guests who are younger than fifty-five (55) years of age shall be allowed for reasonable visitation periods not to exceed sixty (60) consecutive days in duration and not to exceed one-hundred twenty (120) days per year. Children under the age of eighteen (18) shall not be allowed to reside in the Units; occupancy for two (2) weeks or less per year shall not be deemed occupancy by children.  Notwithstanding the foregoing, up to two (2) children per Unit, under the age of eighteen (18), whose parents are deceased or otherwise legally or physically incapacitated and unable to perform their parental functions, shall be allowed to reside with their grandparents without limitation as to time.   

2.  Restriction on Use: Residential Purposes 

Units are restricted to residential use only.  No commercial uses or home-based businesses are allowed.  No business activities of any nature shall be conducted in any Units except that a person residing in any Unit may maintain therein an office for his or her professional use, if said use is permitted by Town Ordinances; however, no employees or persons other than a resident of such Unit shall engage therein in any such activities and no such office shall be advertised, held out, or used as a place for service to clients, patients or visitors.  Unit Owners not in compliance will be subject to a fine and legal action for non-compliance. 

3.     Outdoor Furniture, Personal Items, etc. 

When not in use, personal articles and equipment, including but not limited to bicycles and sporting goods, shall be stored inside a unit.  

Deck furniture may be used and left on decks as long as they remain in good condition.  Deck areas must be clear of debris, and the Board of Governors may at its discretion require removal of items from the deck if the same are not in acceptable condition. 

4. Improper Use of Common Area  

There shall be no use of the common areas which injures or scars the common areas or the trees or plantings thereon, increases the maintenance thereof or causes unreasonable embarrassment, disturbance or annoyance of other Unit Owners in their enjoyment of the condominium development.  

5. Outside Activities  

There shall be no activities that disturb neighbors, that damage the limited common areas or common areas, or potentially increase the Association’s liability exposure.  Under no circumstances are fireworks or other pyrotechnics, remote controlled cars or other remote-controlled objects allowed.  No outdoor fires are allowed. 

No yard sales or sale of personal items are allowed in the common areas nor sale of any items that would invite the public at large on the property.   

6. Outdoor Cooking, Heating Apparatus and Fire Pits 

No hibachi, propane heaters, smokers, charcoal grills or similar devices used for cooking, heating, or any other purpose are allowed.  Outdoor fires or fire pits are not allowed. There are no restrictions on the use of electric grills.  Use of gas grills must be in compliance with State and Local Fire Codes. 

7. Smoking 

For the comfort of residents, smoking and vaping in the common areas cannot disturb neighbors.  All smoking waste must be disposed of appropriately and not left in the common areas or limited common areas.  No smoking waste containers may be left in any common areas or limited common areas.   

8.    Hanging of Clothes, Etc. 

No clothes, linens, or other material shall be hung or shaken from windows, placed on windowsills, hung or draped from a railing or otherwise left or placed in such a way as to be exposed to the public view. Outdoor clothes lines or other outdoor clothes drying or airing facilities are not permitted.  

9. Window and Sliding Door Shades and Drapes 

Under no circumstances are sheets, blankets, flags or other non-suitable material or brightly colored shades or drapes allowed to be hung facing the exterior of a unit.  The Board of Governors may at its discretion request removal of said items. 

Display of a US flag at Ellsworth Village Condominiums is permitted only in the following location: mounted on a bracket placed on the vertical garage door trim board closest to the unit entrance – and only in accordance with proper protocol as specified at www.usa.gov/flag. The flag may not exceed 2 ft x 3 ft in size. Care and maintenance of the flag and its mounting bracket is a unit owners responsibility.

As long as these guidelines are followed, you can install the flag without submitting a formal request to the Trustees.

10.   Landscape Modification, Mulch Bed Planting and Potted Flowers 

Planting Bed Modification Process: 

Unit Owners must request permission in writing from the Board of Governors prior to establishing a new planting bed. Applicants should submit a detailed plan, including measurements, location, and types of shrubs, trees or plants before any planting is done. Such modifications shall be at the Unit Owner’s expense.  Any new planting bed must be located so that it does not impede lawn mowing by wide mowers and must not require any special mowing or trimming around it. 

The Board of Governors may authorize a committee to make decisions regarding such requests provided the committee notifies the Board of its decision prior to any work beginning. The Board of Governors reserves the right to remove any unauthorized or inappropriate plantings or beds at the Unit Owner’s expense. 

If the Unit Owner decides to sell his unit and the new owner does not agree to assume responsibility for the new planting bed, the selling Unit Owner must restore the area to its original condition at the Unit Owner’s expense. 

Plantings Installed within Established Beds:  

Unit Owners may plant flowers in mulch beds situated adjacent to their units or such other areas as approved by the Board of Governors.  This rule is subject to the following conditions:  Only flowers may be planted; no flowers are to be planted outside the planting strip; no trees or shrubs can be planted or altered without approval from the Board of Governors; mulch beds cannot be altered; and no power tools or power gardening tools may be used by owners in the common areas. 

All annual flowers planted shall be removed at the end of the growing season, or earlier, if the flowers have died.  Maintenance of the flowers is the responsibility of the resident.  Unit Owners also may plant flowers in containers for use on steps subject to the same rules applicable to mulch bed planting and if placed in a manner that does not interfere with the safe egress from the unit.  

The Board of Governors reserves the exclusive right to determine whether a particular planting, including a container planting, is keeping with the character of the condominium.  Unsatisfactory plantings or those that are not properly maintained may be removed at the Board of Trustee’s discretion. 

Installation of additional shrubs and landscaping of any kind are subject to the approval of the Board of Governors and shall be at the Unit Owner’s expense and subject to standards as to location, use, and maintenance established by the Board of Governors and modified from time to time. 

The Board of Governors will review planting beds and potted plantings for community consistency and may request the removal of such plantings that it deems inconsistent with the design and taste level of Ellsworth Village. 

If the Unit Owner decides to sell his unit and the new owner will not agree to assume responsibility for the plantings added by the Unit Owner, the selling Unit Owner will be required to return the area to its original condition at the Unit Owner’s expense prior to the closing on the unit. 

Lawn Maintenance: 

To facilitate lawn mowing, objects such as chairs, birdbaths or feeders, statuary or ornamental rocks, cannot be placed on lawns.   

Lawns are maintained by a landscape contractor. Unit Owner application of fertilizer and any type of insecticide or herbicide is not permitted without prior approval from the Board of Governors or their designee. 

Outside Watering: 

Unit Owners must adhere to the Acton Water District seasonal watering guidelines and restrictions. 

Winter Maintenance: 

All objects, such as flowerpots, are to be removed from paved surfaces and porches in the Fall so as not to impede plowing or shoveling. The Board of Governors or its snow removal contractor are not responsible for damage to any object left out in the Winter. 

11. No Soliciting or Canvassing  

No soliciting is allowed within the community by either outside parties or Unit Owners.  Unit Owners should discourage soliciting or canvassing and report any incidents to the Managing Agent. 

12. Signage, Awnings, Banners 

No signs or banners can be placed on the exterior of the unit, the common areas or windows.    

No “For Sale” signs are allowed at the entrance of the complex, in front of the unit or on any other common area or on Town property.  An open house sign is allowed on the day of the open house at the entrance and at the front of the unit. 

No temporary awning can be used on the deck.   A retractable awning may be installed covering the rear deck of the condominium under the following conditions.  All installations must adhere to the standard below and be purchased and installed by the approved vendor: 

Dorchester Awning Co. 

9 Gallen Road 

Kingston, MA 02364 

781-826-9001 
 

The awning to be used must be NuImage Model 8700 with flex pitch. 

Size: 16’0” wide X 8’6” Arms 

Frame: White 

Fabric: Sattler #320 973 Urban Stripe page 17 

Valance: Straight Hemmed 

Operation: right or left depending on installation requirements 

Hood and motor are optional 

Unit Owner’s must submit an Architectural Variance Request for the Board’s approval prior to installing the awning and must execute an Easement Agreement which will set forth the responsibility for repair and replacement and which will be recorded at the Registry of Deeds. The cost for preparation of the Easement Agreement and the recording fee will be the responsibility of the Unit Owner. 

13. Littering  

There shall be no littering.  Paper, cans, bottles, cigarette butts, food, and other trash are to be disposed of only in appropriate trash containers.  Under no circumstances are such items to be dropped or left on the property.  Covers shall be placed tightly on all containers.  Owners are responsible for picking up trash that is blown around the property.  

14. Trash Barrels and Recycle Bins  

All waste containers and recycling bins are to be placed at the end of the driveway by 7:00 a.m. on the morning of waste and recycling pickup.  All waste containers and recycling bins are to be brought back into the unit by the 9:00 p.m. of the same day.  All trash barrels and recycle bins must be stored inside the unit’s garage at all other times.  Covers must be placed tightly on the containers and residents are responsible for picking up any trash that has blown onto the property from their trash.   

15. Septic System 

Improper use or abuse of the septic system will lead to premature failure of the system.  To extend the life of the septic system, all owners and tenants must observe specific regulations. Only single-ply toilet paper can be flushed down the toilets.  Installation of garbage disposals in the unit is not permitted.  

Please refer to the complete set of Septic Guidelines attached and incorporated in these Rules.  Failure to follow these guidelines could result in the Unit Owner being responsible for all costs associated with sewage back up due to negligence as provided for in the condominium documents. 

16.     Noise and Offensive Activities  

No owner, tenant or guest shall permit any obnoxious or offensive activity or disturbing noises in the units or do or permit anything to be done therein that interferes with the rights, comfort or convenience of other Unit Owners.  Everyone will be expected to exercise extreme care to avoid unnecessary noise.  At no time are musical instruments, radios, stereos, or television sets to be so loud as to disturb others. Noise levels shall be reduced after 10:00 p.m. through 9:00 a.m.  

17. Owners and Guests 

Unit Owners and their guests shall be held responsible for the actions of their family, guests, invitees, and licensees.   

18.   Modification of Exterior of Units 

See Architectural Guidelines in the Master Deed.  Owners wishing to make a modification to their unit must submit an Architectural Variance Form with the details of the proposed work and contractor information.  This includes, but is not limited to, window and door replacements, storm doors, awnings, landscaping and satellite dishes.  The Board of Governors will review the request and may approve or deny the request at their discretion.    

The Architectural Variance Request Form must be submitted to the Management Company for the Board of Governors approval.  This process may take up to three weeks.  In some instances, Owners will be required to execute an Easement Agreement for an approved modification, at their cost, recordable the Registry of Deeds.   

19. Decorations 

The following guidelines must be adhered to regarding decorations.  The Board of Governors reserves the right to determine if a decoration is appropriate and keeping with the integrity of the Condominium and is authorized to require removal as it deems necessary. 

At any time of the year: 

1. A seasonal wreath is permitted on the front door.  

2. Potted flowers or greens may be displayed on front steps as long as it does not impede the safe entry and exit to the unit. 

3. Nothing may be affixed to the siding, trim or front railings of the building. A single plant hanger may be affixed to the trim of the garage door – the location to be consistent with other units. 

4. No additional exterior lighting is permitted. 

From Thanksgiving through January 14: 

1. Modest seasonal displays of greens and holiday ornaments are permitted on the front porch and steps as long as they do not impede the safe entry and exit to the unit. 

2. No inflated or lighted decorations are permitted.  

3. Nothing may be affixed to the siding, trim or railings.  

4. No additional exterior lighting is permitted. There may be no lighting of shrubs or trees, no spotlights, no laser lights. 

5. Small white candles are permitted in the windows. No other lighting is permitted in windows. 

20. Pets  

All pets must be registered with the Condominium Association.  Unit Owners must obtain permission to harbor a pet from the Board of Governors prior to the pet residing in the unit.  The Request for Permission to Harbor a Pet Form is to be submitted to the Managing Agent for the Board’s review/approval.  Domestic animals shall be allowed to reside in a unit only on a limited basis.   

1. Unit Owners may have up to two (2) pets per unit, either two (2) cats or two (2) dogs, or one (1) cat or one (1) dog.  Aquarium fish and other limited species of animals which do not normally leave the unit, and which do not make noise are permitted, subject to the Rules and Regulations adopted by the Board of Governors and provided that such animals are not kept for breeding or commercial purposes. 

2. The following breeds of dogs, or any mix of the breeds, are not allowed regardless of size:  Pitt Bull, Rottweiler, Great Dane, Bull Mastiff, Boxer, Doberman Pinscher, German Shepard, Siberian Husky, Japanese Tosa, Argentine Dogo, Mastiff, Filas Braliero or any other dog deemed to be dangerous by the insurance industry.   

3. No exotic animals, livestock, poultry, or reptiles of any kind, may be maintained, kept, boarded, or raised, in any unit or upon the common areas. 

4. All pets that leave the unit must be registered and inoculated as required by the Town of Acton. 

5. A pet may be maintained in a unit only for as long as it is not a nuisance.  Any pet causing or creating a nuisance, or any unreasonable disturbance or noise may be permanently removed from the property.  Actions that constitute a nuisance include, but are not limited to, abnormal or unreasonable crying, barking, scratching or unhygienic offensiveness. In no event shall a pet be allowed to cause a disturbance prior to 9:00 am or later than 10:00 pm. 

6. Pet owners are fully responsible for personal injuries and/or property damage caused by their pets and shall indemnify and hold the Condominium Association, each Unit Owner and property management, free and harmless from any loss, claim or liability of any kind or character whatever arising by reason of keeping or maintaining such pet within the Condominium. 

7. Pets must be leashed or carried; leashes may not exceed a length which will permit close control of the pet.  No electronic leashes or electronic controls are allowed.   In no event may a pet be leashed outside on the decks or in the common areas nor placed on a pet run.  No stakes, pet runs, pet toys or any related pet apparatus may be kept on the common areas. 

8. Owners of pets walked upon the common elements must promptly clean up their pet’s droppings.  Pets are not allowed to urinate or defecate on shrubs, shrub beds, or pavement.  Pet owners are responsible for the removal of waste from their pet from the common areas and units.    Unit Owners are responsible for the cost of repair to damage to the lawns and other common areas caused by the pet, including damage caused to lawns due to urination and defecation. 

9. Unit Owners who lease/rent their unit are liable for any violations of the pet rules and regulations by their tenants.  Unit Owners who lease their property must obtain from the Lessee a written agreement to abide by these rules and submit a copy of such lease agreement to the Managing Agent. 

10. Unit Owners failing to obtain permission to harbor a pet prior to the pet residing in the unit are subject an automatic fine of $100.00. 

K. If a Unit Owner is in violation of the pet policy, then they will have a right to cure the violation within three (3) days’ notification.  If the violation is not cured within three (3) days, the Board of Governors may, at their discretion, order that the pet be removed from the property.  

21. Speed Limit  

The speed limit for all vehicles within the condominium is 15 miles per hour. 

22. Parking  

No vehicle shall be parked in such a manner as to block access by another vehicle or emergency vehicles.  No vehicle shall be parked in such manner that injures or scars the common area, including vehicles that are partially or completely parked on landscape areas or sidewalks.    

1. If a vehicle is parked in such a way that it hinders safe exit and entry into the development or is parked in such a manner that it is causing injury to the common area, the vehicle will be subject to towing at the Unit Owner’s expense.  

2. Parking is restricted to designated parking spaces and is limited to registered, noncommercial vehicles only. No trade vehicles with ladder racks or company lettering shall be allowed to be parked overnight outside by Unit Owners. The Governors or their authorized Agent has the authority to have towed any vehicle at the Owner’s expense if the violation continues ten (10) days after written notification to the Owner.   Light-duty pick-up trucks and vans, with no company lettering, are not  considered “commercial” vehicles for the purpose of this rule. 

3. All off street parking spaces shall be used solely for that purpose. Storage of boats, unregistered, uninsured, or inoperative automobiles, trucks or recreational vehicles is strictly prohibited.   No vehicles may be stored in the driveway under a car cover or any other type of covering. 

4. Vehicles that are not operable  may not remain on the condominium premises. 

5. Minor repairs of vehicles may not be made in the outside area of the condominium premises. Vehicles may be washed on the condominium property, but only in the area expressly allocated to that unit. 

6. No motorcycles, motor and mini-bikes, snowmobiles, boats, utility trailers, boat trailers, motor homes, commercial vehicles or camping trailers of any description shall be parked in any parking space except with the written consent of the Board of Governors. Arrangements for temporary parking of recreational type vehicles should be made by contacting the Managing Agent. 

7. No resident may park in a guest parking space or in the common area on a permanent basis. 

8. No vehicles in excess of 6 feet in height, 6 feet wide and 17 feet in length shall be permitted to enter the garage.  

9. Any vehicle leaking fluid should immediately be removed from the property and repaired. This vehicle should not be parked in the common area where it could pose a danger or threat to personnel and/or to the common area.   

23. Snow Removal 

Please refer to the complete set of guidelines outlined in the Snow Removal Policy attached and incorporated in these Rules. 

24.   Emergency Generators 

Emergency Generators are not allowed without permission from the Board of Governors.  The Board of Governors will determine the guidelines for generator use. 

25.  Satellite/Microwave Dish and Antennas  

No exterior television and radio antennas shall be allowed. Satellite dishes will be limited to areas not visible from any street in the condominium and the Unit Owner’s limited or exclusive common area. All satellite dish installations must be approved in writing by the Board of Governors prior to installation. Satellite dishes are not allowed to be attached to any common area, including the siding and roofs.  Only the unit’s limited and exclusive common area will be considered for installation.  If approved, the Unit Owner will be required to execute an Easement Agreement with the cost for preparation of the Easement Agreement and recording fees to be borne by the Unit Owner. 

Unit Owners agree that each Dish and its appurtenances shall be placed in a manner to avoid blocking any fire exit, walkway, ingress or egress from an area, fire lane, fire hose, fire extinguisher, safety equipment, electrical panel, water shut-off valve, or other area necessary for the safe operation of the Community. The purpose of this rule is to allow Unit Owners to evacuate their units and Community in the event of an emergency and to provide clear access for emergency personnel.  

Should the Unit Owner fail to properly maintain the Dish, the Association may fine the Unit Owner, following notice and opportunity for hearing, and take such further action, legal or otherwise, as permitted by Declaration or statute. Except in an emergency, the Board of Governors shall notify the Unit Owner in writing that the Dish requires maintenance, repair or replacement and that such maintenance, repair or replacement must be completed within 30 days of such notification.  

26.   Water Alarms on Hot Water Heaters,  Heavy-duty Washing  

        Machine Hoses and Dryer Vent Cleaning 

Water alarms on the hot water heater and heavy-duty non-burstable washing machine hoses are required by the insurance carrier. Water claims due to negligence can easily be avoided by the use of water alarms and use of proper hoses.  Dryer vent cleaning is required on a regular basis to prevent a fire and no less than once per year.  The insurance carrier requires that there be periodic inspections to ensure that Unit Owners are complying with this rule. Failure to comply will result in Unit Owner fines.  

27. Smoke Alarms 

Based on the National Fire Protection Association (NFPA) and industry data, all makes of smoke alarms, whether A/C hard-wired or battery operated must be replaced after 10 years of operation. All smoke alarms 10 years old or older must be replaced. 

Unit Owners should test each alarm monthly by pushing the test button. All the smoke alarms must sound a warning alarm when each smoke alarm is tested. If any of the alarms do not sound a warning alarm, replace the smoke alarm(s) immediately. 

Replace the Battery in each smoke alarm at least once a year. Recommended replacement is two times per year at daylight savings time in Spring and Fall. 

All new Smoke Alarms MUST: 

• Be of the same make and model. 

• Be A/C hard-wired devices with battery backup. (When replacing the original hard-wired devices.) 
• Have a useable life of 10 years. (Battery operated devices permitted ONLY in areas where there is no existing smoke alarm wiring). 

28.   Winterization Policy 

The attached Winterization policy shall be in effect from November 1st to March 31st each year and shall apply to Unit Owners who either do not occupy their units for long periods at a time during the Winter or who are away for the entire Winter.  It is being adopted to assist in protecting both the Unit Owner(s) who are affected as well as adjacent Unit Owners and the Association.  Two options are offered depending on the Unit Owner’s particular situation.  Each contains recommended steps which can be taken by the Unit Owners to lessen the risks, but which are not intended to be all inclusive.  

Evidence of compliance with these recommended steps, when submitted by the Unit Owner, shall be taken into consideration by the Board of Governors in determining if there was any negligence on the part of a Unit Owner in the event of an insurance claim due to Winter freeze up damage. 

Please refer to the complete set of guidelines as outlined in the Winterization Policy attached and incorporated in these Rules. Owners who are leaving the unit for an extended period of time must notify the Association through the management company. 

29.   Renting/Leasing of Unit 

Any Unit Owner may rent/lease their unit subject to provisions of the Master Deed,  By-Laws and Rules and Regulations including the restriction on age.  No rental terms less than one-year in duration are permitted. Compliance of all Rules and Regulations must be adhered to.  Unit Owner’s must provide a copy of the Lease with the Renting/Leasing Addendum attached and a completed Tenant Information Form to the Management Company.  All Rental/Lease Agreements are subject to the current guidelines as outlined in the Renting/Leasing of Unit Policy. 

30. Interference with Contractors and Vendors  

Any Unit Owner who interferes with a contractor or vendor hired by the Board of Governors will be fined $100.00 per incident plus any overtime charges incurred as a result of the interference(s).  Any costs charged to the Association by the vendor for losses incurred as a result of the interference will be charged back to the Unit Owner who interfered with the work.  If a Unit Owner has an issue with a vendor or contractor on the property, the owner must contact the Management Company.   

31. Damage to Property 

Any damage to the property of others including the common elements, caused by the moving of articles into or out of the buildings is the responsibility of the Unit Owner and shall be paid for by the Unit Owner, although the damage may have been caused by a tenant, guest or contractor of the Unit Owner. 

32. Insurance Protection  

Nothing shall be done or kept in any unit or in the common areas and facilities that will increase the rate of insurance for the building or contents thereof. No Unit Owner shall permit anything to be done or kept in his/her unit or the common areas and facilities that will result in the cancellation of insurance or cause an increase in premiums on the building or contents thereof or which would be in violation of any law.  

33. Common Area Fees, Assessments, Collection of Delinquent Accounts 

Common Area fees and any assessments are due and payable by on the first day of each month.  

At the end of each month an account remains delinquent, the Unit Owner shall be obligated to pay interest on any outstanding balance at a rate equal to the prime rate plus two (2%) percent, together with all expenses, including reasonable attorneys’ fees, incurred by the Board of Governors In collecting same. Payments received from Unit Owners will be applied in the following order of priority: Fines, penalties, late fees, special assessments, interest, cost of collection and enforcement, court costs, attorney fees, monthly condominium fees or assessments. 

34. Rules and Regulations Violations 

Any member or resident of the Condominium Association, Board of Governors, or Managing Agent of the Condominium Association may request that a member, resident, or guest correct any condition or behavior that may be a violation of the Rules and Regulations.  

The request shall be in writing to the Managing Agent. The request shall include identification of the person or persons (hereafter “party”) believed to have committed a violation and the details of said violation, such as the Rule or Regulation violated and the date, time, location, and other relevant information.  

The following procedure and fines will apply per offense:   

Courtesy Notice No Fine 

First Violation Notice (14 days after first notice) $  50.00  

Second Violation Notice (10 days after second notice) $100.00 

Third and Final Notification (10 days after third notice) $100.00  

Legal Enforcement (10 days after final notification)  Legal fees 

Interference with Contractors and Vendors ……………… $100.00  

Failure to Apply for Permission for a Pet ……………………$100.00

ATTACHMENTS: 

Request Permission to Harbor a Pet Form and Pet Registration Form 

Architectural Variance Request Form 

Septic Guidelines 

Addendum Renting/Leasing Attachment 

 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC. 

REQUEST FOR PERMISSION TO HARBOR A PET AND REGISTRATION FORM 

I, ___________________________, Owner of unit number__________ hereby request permission to harbor a pet in the unit. 

(If applicable) I hereby request permission for my tenant to harbor a pet in the unit: 

Tenant Name:________________________________________________________ 

Tenant Contact Number__________     Tenant Contact Email___________________ 

Type of Domestic Pet _______________ Breed(s) ___________________________ 

Name(s) of pet ________________________  Expected Adult Weight ___________ 

License Number (if applicable) _______________________ Issued on __________ 

Where Licensed (town and county) _______________________________________ 

Rabies Vaccination Expires ____________ Feline Distemper Expires:____________ 

Description:  (size, color, distinguishing characteristics)________________________ 

____________________________________________________________________ 

I have read and understand the Ellsworth Village Condominium Association, Inc.’s Rules and Regulations regarding Pets dated January 1, 2020. 

Owner Signature:    Date:   

Tenant Signature:    Date:   

Permission to Harbor a Pet as set forth in this application is granted by a majority of the Board of Governors subject to the Rules and Regulations regarding Pets for the Ellsworth Village Condominium Association, Inc.  This permission may be revoked at the discretion of the Board of Governors. 

Board of Governors:    Date:   

 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC. 

ARCHITECTURAL VARIANCE REQUEST FORM 

Name:   

Unit Address:   

Contact Phone(s):    

Is this an amendment to a previous request?       YES           NO 

If yes, the approximate date of previous request:  ____________________ 

In accordance Ellsworth Village Condominium Association, Inc.’s Master Deed, Bylaws, and Rules and Regulations, I request your consent to make the following changes, alterations, renovations, additions, and/or removals to my unit (description of work):  

Please attach a detailed (to scale) drawing or blueprint of your plan(s) and a copy of your community plot in duplicate and/or specifications regarding materials and Scope of Work. 

I understand that the Board of Governors will act on this request and provide me with a written response within twenty-one (21) days of their decision. I further understand and agree to the following provisions: 

1. No work or commitment of work will be made by me until I have received written approval from the Association. 

2. All work will be done at my expense and all future upkeep will remain at my expense. 

3. I acknowledge that the Association reserves the right to require removal or repair of the modification at my own expense if: (a) the modification is not constructed or installed as per the specifications submitted for approval with this form; (b) the modification is not maintained in a safe condition or (c) the modification is not maintained in keeping with the surrounding structures and is not satisfactory to the Board of Governors. 

4. I acknowledge that obtaining insurance for the improvement is my responsibility.    

5. All work will be done expeditiously once commenced and will be done in a good workman-like manner and by licensed and insured contractors.  A copy of the contractor’s insurance certificate is attached. 

6. All work will be performed at a time and in a manner to minimize interference and inconvenience to other Unit Owners. 

7. I assume all liability and will be responsible for all damage and/or injury which may result from performance of this work. 

8. I will be responsible for the conduct of all persons, agents, contractors, and employees who are connected with this work.  

9. I will be responsible for complying with, and will comply with, all applicable federal, state, and local laws; codes; regulations; and requirements in connection with this work, and I will obtain any necessary governmental permits and approvals for the work.   

10. I understand and agree that the Ellsworth Village Condominium Association, Inc., its Board of Governors, and its Managing Agent have no responsibility with respect to such compliance and that the Board of Governors or its designated Agent’s approval of this request shall not be understood as the making of any representation or warranty that the plans, specifications, or work comply with any law, code, regulation, or governmental requirement. 

11. I agree that this document shall become a part of the homeowner’s contract for sale of the unit and must be complied with by any succeeding owners. 

12. The contractor is:  ___ 

13. If approved within twenty-one (21) days, the work would start on or about ____________________ and would be completed by ___________________ 

Signature: ___________________________________  Date: _________________ 

BOARD OF GOVERNORS USE ONLY 

Date Received by Board of Governors: ____________________ 

Neighbor Advisement (if applicable) 

• The Board of Governors has determined that you must advise your neighbors of any proposed improvements and request that you have your adjacent neighbors sign where indicated below. 

• Not Required 

Neighbors’ Signature	Address	Objection to proposed modification?
		YES           NO
		YES           NO

(Objection by your neighbor does not mean disapproval by the Board of Governors. The Board will review objections when they consider the request) 

o    Approved                  o    Not Approved 

Conditions of Approval or Reason(s) for Denial:   

Any work not started on or before __________________ is not approved and later construction must be subject to resubmittal to the Board of Governors. 

Signature:________________________________  Date: ______________________ 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC.  

SEPTIC GUIDELINES POLICY 

Improper use or abuse of the septic system will lead to premature failure of the system.  To extend the life of the septic and pretreatment system, all owners and tenants must observe the following regulations. Only single-ply toilet paper can be flushed down the toilets.   

Failure to follow these guidelines could result in the Unit Owner being responsible for all costs associated with sewage back up due to negligence as provided for in the condominium documents 

Do Not Flush: 

• Dangerous substances into the system 
• Excessive amounts of bath or body oils 
• Water softener backwash 
• Flammable or toxic cleansers 
• Household cleansers – especially floor wax and cleaners 

• Chlorine bleach, chlorides, pool or spa products 
• Pesticides, herbicides, or agricultural chemicals or fertilizers 
• Condoms 
• Wipes of any type 
• Cat Litter 

• Anything other than single-ply toilet paper down the toilets or sinks 

Do use your trash can to dispose of substances that cause maintenance problems and/or increase the need for septic pumping. 

Dispose of the following with your trash: 

• Egg shells, cantaloupe seeds, gum, coffee grounds, tea bags, chewing tobacco, cigarette butts 
• Paper towels, newspapers, sanitary napkins, diapers, kitty litter, candy wrappers 
• Cooking grease 
• Rags 
• hair 

Do collect grease in a container and dispose with your trash. 

Do not leave interior faucets on to protect water lines during cold spells.  A running faucet can easily increase your wastewater flow by 1,000 to 3,000 gallons per day and hydraulically overload the septic system. 

Do not use excessive amounts of water.  Fifty gallons per person per day is the typical usage.  If your household does not practice any of the water-conserving tips below, you may be using too much water. 

Do conserve water. 

• Take shorter showers or baths with a partially filled tub – be cautious about excessive use of large soaking tubs 

• Don’t let water run unnecessarily while brushing teeth or washing hands, foods, dishes, etc. 
• Wash dishes and clothes when you have a full load 
• When possible, avoid doing several loads of wash in one day 
• Use water-saving devices on faucets and showerheads 
• When replacing old toilets, buy low-flush models 

DO NOT ignore leaky plumbing fixtures.  Repair them.  A leaky toilet can waste up to 2,000 gallons of water in a single day.  That’s 10-20 times more water than a household’s typical daily usage.  A leaky plumbing fixture increases your water bill, wastes natural resources, and overloads the septic system.  

DO keep lint out of the septic system by cleaning the lint filters on your washing machine and dryer after every load.  Installing a supplemental lint filter on your washing machine is a good precautionary measure.  Lint and other such materials can make an extreme difference in the frequency and cost of pumping the primary treatment tank. 

DO use substitutes for household hazardous waste.  Replace the following hazardous products with products that are less environmentally harmful.  The hazardous cleaners are listed below followed by the suggested substitute. 

Ammonia-based cleaners: Sprinkle baking soda on a damp sponge.  For windows, use a solution of two tablespoons of white vinegar to one quart of water.  Place the mixture into a spray bottle. 

Disinfectants: Use ½ cup of Borax in a gallon of water, deodorizes also 

Carpet/upholstery cleaners: Sprinkle dry cornstarch or baking soda on then vacuum.  For tougher stains, blot with white vinegar in soapy water 

Toilet cleaners: Sprinkle on baking soda or Bon Ami then scrub with a toilet brush 

Furniture/floor polishes: To clean, use oil soap and warm water.  Dry with a soft cloth.  Polish with one part lemon juice and two parts oil (any kind) or use natural products with lemon oil or beeswax in mineral oil. 

Metal cleaners: Brass and copper – scrub with a used half lemon dipped in salt.  Stainless steel – use scouring pad and soapy water.  Silver – rub gently with toothpaste and soft wet cloth. 

Oven cleaners: Quickly sprinkle salt on drips then scrub.  Use baking soda and scouring pads on older spills. 

Laundry detergents: Use liquid detergent.  Choose one with zero phosphate content or use soap flakes with 1/3 cup of washing soda.  Before switching, wash clothes in pure washing soda to remove residues. 

Dishwasher detergents: Use liquid detergents not powder or tablets. 

Toilet paper: Do not use heavy or quilted paper or wipes.   Only single ply toilet paper can be used. 

SEPTIC ADDITIVES, FOOD DISPOSAL SYSTEMS, AND WATER SOFTENER SYSTEMS ARE ABSOLUTELY FORBIDDEN. 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC. WINTERIZATION POLICY 

EFFECT FROM NOVEMBER 1ST TO MARCH 31ST 

This Winterization policy shall be in effect from November 1^st to March 31st each year and shall apply to Unit Owners who either do not occupy their units for long periods at a time during the Winter or who are away for the entire Winter. It is being adopted to assist in protecting both the Unit Owner(s) who are affected as well adjacent Unit Owners and the Association. Two options are offered depending on the Unit Owner’s particular situation. Each contains recommended steps which can be taken by the Unit Owners to lessen the risks, but which are not intended to be all inclusive.  

Evidence of compliance with these recommended steps, when submitted by the Unit Owner, shall be taken into consideration by the Board of Governors in determining if there was any negligence on the part of a Unit Owner in the event of an insurance claim due to winter freeze up damage. 

OPTION #1. When you are going to be away from your unit for a while but choose to keep your heat on the following steps are recommended: 

• Maintain heat in your unit at a minimum sufficient to prevent freezing. A Unit Owner may wish to consult with his/her personal insurance agent for a recommended temperature setting. 
• If you have an alternate heat source, they should all be set at the same minimum, so they will take over if your furnace should fail. 
• Leave cabinet doors open to spaces with pipes running through them. 
• Place a device such as a Winter Watchman in a prominent place in a window that will be seen and advise neighbors whom to contact if it should come on. 

• Be in touch with a caretaker who can enter and check your unit frequently especially during extremely cold weather. 
• Provide the Board of Governors or the Management Company with the name of your caretaker or an emergency contact as well as your own contact numbers. 
• Consider leaving a key with the Board of Governors, a designated caretaker or the Management Company in case emergency access must be gained to your unit.  
• Turn off the main water supply valve from the street into the basement to minimize any water damage in the event of a leak; then drain water pipes as much as you can and consider adding a small amount of potable anti-freeze in the sink drains, bath drains and toilet bowls. If you do shut off the main water supply valve in the basement, it is vital to remember that your furnace could still shut down – resulting in a freeze up due to a power outage.  Even if you are just away for a long weekend, it is recommended to have a Winter Watchman light in a visible window and to have a neighbor or caretaker watching your property who knows what to do. You could also contract with a company to have a regular inspection made of your unit while you are away.   
• Finally, remember, even if you take all the above precautions, you could have an  issue that could result in an interior leak and some damage but at least you will have performed due diligence in seeking to avoid or minimize any such event. 

 

OPTION #2. When you winterize your unit and shut the heat off, the following steps are recommended: 

• Completely drain your pipes – both domestic and heating – and your tanks, drains and other places where water may collect. Add potable anti-freeze to reach those spots water may have collected. The assistance of a professional plumber is strongly recommended. 

• Leave cabinet doors open to spaces with pipes running through them as with the first option. 
• Have a caretaker as with the first option. 
• Provide the Board of Governors or the Management Company with the necessary information as to your caretaker or emergency contact(s) as with the first option. 
• Consider leaving a key with the Board of Governors or the Management Company as with the first option 
• Contact your fuel dealer(s) and other vendors to advise them of the dates you will be away. 

• Taking these steps to completely winterize your unit will help ensure you have performed due diligence to protect your unit, an adjacent unit or Association property from any serious damage. 

Remember, this contains recommended steps only. They are not intended to be all inclusive. They are intended to be a checklist, but not a guarantee from the Board of Governors or Linear Property Management.  The information is provided to assist Unit Owners to exercise due diligence to minimize the risk of resulting damage to the property of others.   

It is strongly recommended that each Unit Owner consult with his/her own plumber as well as their insurance agent to make sure he/she has adequate insurance coverage(s) and meets the requirements set forth herein. 

Information set forth herein is intended to be a checklist and not a guarantee from the Board of Governors of the Ellsworth Village Condominium Association, Inc. their agents, servants or employees or Linear Property Management, their agents, servants and employees as to Unit Owner liability resulting from improper winterization of a unit by a Unit Owner or his/her contractor. 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC.  

RENTING/LEASING POLICY 

Any Unit Owner may rent/lease their unit subject to provisions of the Master Deed, By-Laws and Rules and Regulations, including the restriction on age.  No rental terms less than one-year in duration are permitted. Compliance of all Rules and Regulations must be adhered to.  Unit Owner’s must provide a copy of the Lease with the Renting/Leasing Addendum attached and a completed Tenant Information Form to the Management Company.  All Rental/Lease Agreements are subject to the current guidelines as outlined in this Renting/Leasing Policy. 

1. Except with the prior written approval of the Board of Governors, along with compliance of the sections that follow, no condominium units shall be rented, let, leased or licensed for use or occupancy by others than the owners thereof (hereinafter referred to as either “rented”, “leased” and/or “occupied”); 

2. No rental terms less than one-year in duration are permitted. 

3. In the event of a violation of the provisions of the condominium documents, any Lease hereunder may be terminated at the sole discretion of the Board of Governors, all in conformity with the condominium documents and Massachusetts General Laws. 

4. In addition to all requirements hereunder, the Unit Owner’s lease, occupancy or rental agreement must comply with the following conditions: 

5. Be in writing and apply to the entire unit, and not merely a portion thereof; 

6. Expressly provide that the lease or occupancy agreement shall be subject in every respect to the Master Deed. Condominium Trust and Rules and Regulations, as the same have been amended, prior to the execution of the lease, or occupancy agreement; 

7. Expressly provide that the lease or occupancy agreement shall be subject in every respect to all federal, state and local laws, statutes, rules and regulations, etc., as the same may be amended; 

8. Comply in all respects with M.G.L. c. 183A as it may be amended; and 

9. The attached Addendum must be attached to the Lease. 

DEFAULT 

1. The execution of any lease, rental agreement and/or license agreement, and the rental of any units thereto without strict compliance with this section, shall render said lease voidable and subject to the Unit Owner and tenant to the fines set forth in the Condominium Documents with each day constituting a separate and independent offense. 

2. The provisions of this section and any Rules and Regulations adopted thereunder shall take precedence over any other section in the lease or occupancy agreement. 

3. Notwithstanding anything to the contrary herein, and notwithstanding any custom, law, or usage to the contrary, it is expressly understood and agreed that the Governors, and/or their agents, servants, and/or employees shall not bear any personal or individual responsibility with respect to said lease or occupancy agreement. 

4. Any failure by the tenant to comply in all respects with the provisions of the Master Deed, Condominium Trust and Rules and Regulations shall constitute a material default in the lease (occupancy agreement), and in the event of such default, the Board of Governors shall have the following right and remedies against both the Unit Owner and tenant, in addition to all other rights and remedies which the Board of  Governors and the Unit Owners (other than the owner of the affected unit) have or may in the future have, against both the owner of the affected unit and the Tenant, all rights and remedies of the Governors and the Unit Owners (other than the owner of the affected unit) being deemed at all times to be cumulative and not exclusive. 

1. The Board of Governors shall have the right to levy fines against the owner and tenant of the affected unit in accordance with the provisions of the Condominium Documents, and terminate the tenancy by giving notice in writing to quit to the tenant in any manner permitted by law, in the name of the landlord (Unit Owner) or in the name of the Governors, or both.  In case of a tenancy at will, the time of such notice shall be sufficient if it is equal to the interval between the days of rent payment, or thirty (30) days, whichever is longer.  In case of a lease, seven (7) days’ notice shall be sufficient.  In either event, a copy of such notice to quit shall be delivered or mailed to the landlord (Unit Owner) in the manner set forth hereinabove.  Thereafter, the Governors may initiate and prosecute a summary process action against the tenant under the provisions of M.G.L. c. 239, in the name of the landlord, or in the name of the Governors, or both.  The Board of Governors shall provide the Unit Owner a thirty (30) day period to commence a Summary Process Action. 

2. The Board of Governors shall be entitled to levy a fine, or fines, or give a notice, or notices to quit followed by a summary process action or actions, and the Governors’ election to pursue any of the foregoing remedies, either at the same time, or in the event of any further default, shall not be deemed to bar the Governors from exercising any or all such remedies in the future, either as to the same, or any future default(s). 

3. All of the expenses of the Board of Governors in giving notices, including notices to quit, and maintaining and pursuing actions and holding hearings hereto shall be entirely at the expense of the tenant and/or Unit Owner of the affected unit and they will be jointly and severally responsible for the same, and such costs and expenses may be enforced and collected against the Unit Owner and unit as if the same were common expenses owed by the unit or Unit Owner and shall constitute and be a lien upon the premises pursuant to M.G.L. c. 183A and subject to the rights and enforcement and remedies thereto. 

4. The Unit Owner shall, at his/her expense, and upon his/her initiative, inform all agents, servants and/or employees of the provisions of this section and shall at his/her expense and upon his/her own initiative, furnish copies of the Condominium Documents to the tenant, and cause the lease or occupancy agreement to be prepared in conformity with the provisions of this section.  

5. A true copy of the lease or occupancy agreement shall be delivered to the Managing Agent forthwith upon its execution.  

6. A true copy of the lease or occupancy agreement shall be delivered to the Managing Agent forthwith upon its execution. A true copy of the lease or occupancy agreement shall be delivered to the Managing Agent forthwith upon its execution. 

7. The provisions of this section shall take precedence over any other section in the lease or occupancy agreement. 

8. Notwithstanding anything to the contrary herein, and notwithstanding any custom, law or usage to the contrary, it is expressly understood and agreed that the Board of Governors and/or their agents, servants and/or employees shall not bear any personal or individual responsibility with respect to said lease or occupancy agreement. 

9. Every lease or occupancy agreement shall have attached thereto, and incorporated therein by reference, a copy of this section and every lease or occupancy agreement shall be deemed to include all the provisions of this section. 

10. Every lease or occupancy agreement shall provide the following information: 

• The name and telephone number of the individual who shall oversee the maintenance and repair of said unit. 

• The name and telephone number of the individual and/or entity that is responsible for the maintenance and repair of the common areas.  The Lessor must provide the applicable party with any change in the above information. 
• The name(s) of any tenant(s) or occupant(s) of the unit, other than visitors less than thirty (30) days. 

NON-DISCRIMINATION 

Notwithstanding anything to the contrary herein, no part of these Rules and Regulations now or hereafter adopted or promulgated (including but not limited to the provisions this Section) shall ever be deemed to prevent, restrict, discourage, or hinder, in fact, in any manner whatsoever the alienation, conveyance, mortgage, purchase, sale, rental, lease, license, use or occupancy of units or any negotiations in connections therewith because of race, religion, creed, color, national origin, sex, sexual orientation, age, ancestry, marital status, status as a veteran or member of the armed services, or any ethnic group, blindness, or by any reason of the fact that children will occupy such unit, receipt of public assistance, or, in addition to the foregoing, by any reason whatsoever prohibited by any federal, state, county or municipal law. 

SEVERABILITY 

In the event that any provision of this section shall be determined to be invalid or unenforceable, it shall be interpreted and construed so as to be enforceable as to the extent and in such situations as may be permitted by applicable law and in any event, the partial or total enforceability of such provisions shall not effect in any manner the validity, enforceability or effect of the remainder of this section and any license to lease units thereunder; and, in such event, all the provisions of this section shall continue  in full force and effect as if such invalid provisions had never been included herein.Page Break 

ELLSWORTH VILLAGE CONDOMINIUM ASSOCIATION, INC.  

ADDENDUM TO LEASE/RENTAL AGREEMENT 

(Attach Copy to Lease Agreement) 

1. Lessee acknowledges by his/her execution of the lease herewith that he/she has received and/or reviewed a copy of the rules and the Ellsworth Village Condominium Association, Inc. Rules and Regulations of the condominium association, a copy of which are attached hereto and incorporated herewith.  Lessee agrees that they are bound by the terms of the Master Deed, Bylaws and Rules and Regulations as the same may be amended from time to time. 

2. Lessee agrees that he/she will not violate the provisions of any said documents and take his/her lease subject to all of the requirements of the aforementioned documents, notwithstanding any provisions found in this lease, and that in the event of a conflict between the lease and the rights granted thereunder, and the condominium documents (i.e., Master deed and Declaration of Trust, and any amendments thereto) that said condominium documents will be the controlling source of the obligations contained hereunder. 

3. Lessee acknowledges that he/she will be jointly and severally liable with the Unit Owner for any violation of the condominium documents and that in the event of a violation of the provisions of the condominium documents that any lease hereunder may be terminated, at the sole discretion of the Board of Governors, all in conformity with the condominium documents and Massachusetts General Laws. 

4. Said termination by the Board of Governors shall not relieve the Unit Owner and/or lessee of any liability which said Unit Owner and/or lessee may have to the condominium association, nor relieve the Unit Owner and/or lessee from any damage due to the association and all applicable fines, attorney’s fees and costs as set forth in the condominium documents. 

5. Lessee further acknowledges that the Condominium Association, pursuant to the condominium documents, will have the right to enter the unit as may be provided within said documents.  

Lessee(s)/Renter(s) hereby acknowledge that they have received and reviewed a copy of the Rules and Regulations of the Ellsworth Village Condominium Association, Inc. and agree to observe the provisions thereof. 

Further, the Lessee(s)/Renter(s) hereby acknowledge and agree that they are also subject to the terms of the Condominium Documents, i.e., the Master Deed, the By-laws and the Condominium Trust. 

Lessee(s)/Renter(s) understand that in case of a conflict between their Lease or Rental Agreement with the Unit Owner and the provisions of the Rules and Regulations and other Condominium Documents, the provisions of the Condominium Documents take precedent. 

Unit Address:  

Owners Name: Phone Number:    

Signature: Email:   

Lessee Name: Phone Number:    

Signature: Email:    

Lessee Name Phone Number:    

Signature: Email:    

Please list other household members:    

This Addendum must be attached to the Lease Agreement and returned within 10 days after the Lease Agreement is signed to:   

Linear Property Management, LLC 

150 Westford Road, Suite 21 

Tyngsboro, MA  01879 

Phone:  (978) 649-1818 

Fax:  (978) 649-9102 

Email:  LP@Linearproperty.com