Preview
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT
DOCKET NO. ° - \3 62.
RECEIVED
MAPLE RIDGE ESTATES HOMEOWNER’S
ASSOCIATION TRUST, by its trustees,
6/18/2021
Plaintiff, JP
Vv.
ANDREA SCONDRAS AND
NORRIS A. SCONDRAS,
Defendants,
COMPLAINT
PRELIMINARY STATEMENT
This is an action brought bya homeowners association of a residential subdivision in
Tyngsborough, Massachusetts against the owners of a lot within the subdivision for
unpaid common expenses assessed pursuant to the Declaration of Trust and Rules and
Regulations of the subdivision and the homeowner’s association to enforce a lien for
these unpaid common expenses.
PARTIES
The Plaintiff is Maple Ridge Estates Homeowner’s Association Trust (hereinafter, “the
Association”), with an address of c/o Linear Property Management, 150 Westford Road,
Suite #21, Tyngsboro, MA 01879. The Association is a trust created through a
Declaration of Trust recorded with the Middlesex North Registry of Deeds in Book
19781, Page 96, and amended through a First Amended Declaration of Trust recorded at
the Middlesex North Registry of Deeds in Book 1981 8, Page 278. The trustees of the
Association (hereinafter, “the Trustees”), through whom this action in brought on behalf
of the Association, are comprised of lot owners living within the Maple Ridge Estates
subdivision (hereinafter, “Maple Ridge Estates”). The Plaintiff brings this action
pursuant to their powers in that certain First Amended Declaration of Trust for the Maple
Ridge Estates Homeowners Association, dated February 15, 2006 and recorded on
February 15, 2006 at the Middlesex County (Northern District) Registry of Deeds in
Book 19818, Page 278, and any amendments thereto. (Copy of First Amended
Declaration of Trust attached hereto and marked Exhibit “A”)
The Defendants, Norris A. Scondras and Andrea Scondras, are the record Owners of 44
Shakespeare Street, a lot within Maple Ridge Estates, with an address of 44 Shakespeare
Street, Tyngsborough, MA 01879, pursuant to a deed dated August 3, 2006 and recorded
on August 3, 2006 at the Middlesex County (Northern District) Registry of Deeds in
Book 20374, Page 85. (Copy of deed attached hereto and marked Exhibit “B”)
FACTS
Pursuant to the applicable provisions of the Declaration of Trust and the Rules and
Regulations of the Association, the Association has duly assessed common charges, dues
and/or assessments to the Defendants which have not been paid when due.
Specifically, Paragraph 1 of the Rules and Regulations adopted by the Trustees of the
Association pursuant to Article V, Section 4 of the Declaration of Trust and made
effective April 1, 2012 (hereinafter, “the Rules and Regulations) states:
Effective April 1, 2012, homeowners who are more than thirty (30) days late
in delivering to The Association and/or its managing agent the full balance of
homeowner's association fees together with any assessed late fees, collection
costs (incurred by The Association or its managing agent on or after May 1,
2012), and attorney’s fees (incurred on or after May I, 2012), shall be
assessed a late fee of $20 for each month in which the homeowner continues
to carry an outstanding balance, together with all collection costs incurred
by The Association or its managing agent. For instance, with regard to the
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quarterly payment due on April 1, 2012, ifa homeowner has an outstanding
balance of homeowner’s fees on May I, 2012, the homeowner will be
assesseda $20 late fee for each month in which the homeowner continues to
carry an outstanding balance of homeowner's fees and/or late fees,
collection costs and attorney's fees incurred after May 1, 2012. All such late
fees and collection costs which shall become due shall constitute a lien upon
such homeowner's lot and all improvements thereon without the necessity of
recording of a notice thereof with the Registry of Deeds and shall be binding
on all subsequent owners. (Copy of Rules and Regulations attached hereto
and marked Exhibit “C”)
Further, Paragraph 2 of the Rules and Regulations states:
Effective April I, 2012, homeowners shall be responsible for all attorney's
fees and costs incurred by The Association and/or its managing agent as a
result of any collection efforts by The Association and/its managing agent, or
as a result of any action by The Association and/or its managing agent to
enforce the provisions of The Trust, the Amended Declaration of Covenants
and Restrictions, and/or Rules and Regulations. All such attorney's fees
shall constitute a lien upon such homeowner’s lot and all improvements
thereon without the necessity of recording of a notice thereof with the
Registry of Deeds and shall be binding on all subsequent owners:
As a result of the Defendants’ failure to pay homeowner’s association fees, late fees have
been charged for these overdue payments of common charges pursuant to Paragraph 1 of
the Rules and Regulations, and pursuant to Paragraph 2 of the Rules and Regulations, the
Defendants are liable for reasonable attorney’s fees incurred by the Plaintiff in pursuing
this matter in accordance with the Rules and Regulations of the Association.
The Defendants have failed to pay the following items:
a Fees as described in the itemized list
attached hereto as Exhibit “D” $ 2,127.30
Costs of Collection, Including Attomey’s Fees $ 1,695.00
Filing Fee $ 275.00
Summonses, Attested Copies of Complaint,
Recording Attested Copy of Complaint $___97.50
TOTAL S$ 4,194.80
On or about February 20, 2020, the Plaintiff through counsel wrote to the Defendants and
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requested payment for unpaid Home Owners Association fees. However, the Defendants
neglected to respond to the Plaintiffs correspondence in any way.
10. On or about August 27 2020, the Plaintiff, through counsel sent a second notice to the
Defendants and demanded payment for outstanding common charges, late fees, and
attorneys’ fees. However, the Defendants neglected to respond to the Plaintiffs
correspondence in any way.
1] On January 20, 2021, the Plaintiff, through counsel, yet again wrote to the Defendants
and demanded payment for outstanding common charges, late fees, and attorneys’ fees.
However, the Defendants again neglected to respond to the Plaintiffs correspondence in
any way.
12. In short, the Defendants have repeatedly refused to respond to the Plaintiffs numerous
attempts to reach out to the Defendants to make arrangements for payment of outstanding
common charges, late fees, and attorneys fees, leaving the Plaintiff with no reasonable
option other than to file the instant action.
13 As of the date of this Complaint, the Defendants have failed to pay the above-referenced
amounts, and these amounts remain outstanding and continue to accrue.
14. Article VII, Section 6 of the First Amended Declaration of Trust, states:
Foreclosure of Liens. The liens for non-payment provided for above may be
enforced by sale of the premises subject thereto, in the manner provided by
law for the foreclosure of mortgages containing a power of sale, provided
that notice of the commencement of such proceedings or an affidavit of such
sale, is filed or recorded in said Registry of Deeds within two years of the
date on which payment is due.
CAUSES OF ACTION
COUNT I~ DAMAGES AGAINST THE DEFENDANTS PERSONALLY
15. The Plaintiff re-alleges and incorporates by reference, as if fully set forth herein, the
allegations contained in Paragraphs 1 through 14 above.
16, The Defendants are indebted to the Plaintiff for the amount of unpaid common charges,
late fees, attomeys fees and collection costs, as such may additionally accrue hereafter
pursuant to the applicable provisions of the Association’s documents including the
Declaration of Trust and the Rules and Regulations.
COUNT II — LIEN AGAINST THE BUILDING LOT
17 The Plaintiff re-alleges and incorporates by reference, as if fully set forth herein, the
allegations contained in Paragraphs 1 through 16 above.
18 Pursuant to Article VII, Section 5 of the Declaration of Trust, said arrearage ‘of unpaid
common charges, late fees, attorneys’ fees and collection costs, constitutes a lien upon
the property.
PRAYER
WHEREFORE, the Plaintiff prays that this Honorable Court issue the following relief:
1 Pursuant to Count I, enter judgment for the Plaintiff against the Defendants for the
amount of unpaid common charges, late fees, attorneys fees and collection costs as may
be found;
Pursuant to Count II, declare that there is a lien upon the Defendants’ property in the
amount of the debt as found;
Order the sale of the property by the Plaintiff to satisfy, in whole or in part, the declared
lien;
Grant the Plaintiff possession of the property as part of said sale;
6. Award the Plaintiff the right and authority to execute a deed for the premises; and,
7. Grant such other relief as may be just and proper.
Respectfully submitted,
Plaintiff,
Maple Ridge Estates Homeo' wens Association,
by its trustees
By its Attorneys,
|sl Frank4. Hynn, Eg,
DATE: June 18, 2021
Frank A. Flynn, Esq.
BBO # 551668
Frank@flynnlaw-ne.com
Patrick R. Gamelin, Esq.
BBO # 663855
Patric] nnlaw-ne.com
Flynn Law Group
185 Devonshire Street, Suite 401
Boston, MA 02110
(617) 988-0633
NOTICE OF IMPORTANT RIGHTS
Pursuant to the federal Fair Debt Collection Practices Act (15 U.S.C. sec. 1692), a
consumer debtor is required to be sent the following notice: (1) unless the consumer, within
thirty days after receipt of this notice, disputes the validity of the debt or any portion thereof, the
debt will be assumed to be valid by the debt collector; (2) if the consumer notifies the debt
collector in writing within the thirty-day period that the debt or any portion thereof, is disputed,
the debt collector will obtain verification of the debt or a copy of a judgment against the
consumer and copy of such verification or judgment will be mailed to the consumer by the debt
collector; and (3) upon the consumer’s written request within the thirty-day period, the debt
collector will provide the consumer with the name and address of the original creditor, if
different from the current creditor. The law firm of Downing & Flynn is acting as a debt
collector pursuant to the federal Fair Debt Collection Practices Act. Any information obtained
will be used for that purpose. The Federal Trade Commission has ruled that the federal Fair
Debt Collection Practices Act does not preclude the institution of legal action prior to the
expiration of the thirty-day period.
EXHIBIT.
il | it |
8 l
Bk: 19818 Pe 278 Pega: 10110
. Reoprdad: 02/16/2008 01:40 PM
MApLe Rince Estates HOMEOWNERS ASSO CIATION
FIRST AMENDED
-
DECLARATION OF TRUST
NOW COMES Maple Ridge Real Estate ent Corp., as Trustee of the Maple Ridge Estates
Homeowners Association Trust recorded with the Middlesex North District Registry ofDeeds in
Book 19781, Page 96, as Settlor of the said Maple Ridge Estates Homeowners Association Trust and
as owner of more than 2/3 of Lots 1 through 52 shown on a plan entitled “Final Construction Plans,
Maple Ridge Development, Tyngsborough, Massachusetts" dated August 23, 2004, and recorded
with the Middlesex North District Registry of Deeds in Plan Book 219, Plan £7, and, in accordance
with Article 12 of said Trust, hereby amends the: Sal id
Maple Ridge Estates Homeowners Association
‘Trus
by replacing
t, the same, in its entirety, with the following:
This AMENDED Agreement and Declaration of Trust is made this /S”day of February 2006,
effective as of January27, 2006, by Maple Ridge Real Estate Development Corp., a corporation duly
established under the laws of the Commoniwealth of Massachusetts, having a principal place of
business at 315 Middlesex Road, Tyngsborough, Massachu (hereinafter sometimes
sett referredsto as
the "Declarant") as Settlor and said Maple Ridge Real Estate Development Corp., as Trustee,
WHEREAS, the Deciarant js the owner of that land shown as Open Space F, Open Space G and
Open Space H (said Open Space F through H hereafter collectively referred to asthe
“Open Space Parcels”) and the roadways shown as Shakespeare Street, Hemingway
Road, Poe Circle and Maple Ridge Road (said roadways hereafter collectively the
“Common Roads”) on a plan entitled “Final Construction Plans, Maple Ridge
Development, Tyngsborough, Massachusetts" dated August 23, 2004, and recorded
with the Middlesex North District Registry of Deeds in Plan Book 219, Plan 17 (said
plan hereinafter referred to as the “Comprehensive Permit Plan”); and
this Trust is intended to satisfy the. Declarant’s obligation to create a Homeowners
Association as set forth in the Comprehensive Permit granted by the Town of
‘Tyngsbo Board of Appealsroug
dated September
h 30, 2002 granted by the Board of
Appeals of the Town of Tyngsborough recorded in said Registry of Deeds in Book
17581 Page 184, as modified by the Decision of the Board of Appea datedlsJune
11,2003 recorded in sald Registryof Decdsin Book 19639 Page 67, and as thereafter
or hereafter modified (hereafter the “Comprehensive Permit”); and
WHEREAS, the Declarant shall convey the fee in Open Space Parcels F, G and H, Shakespeare
Street, Hemingway Road, Poe Circle and an undivided 1/3 interest in Maple Ridge
Road to the Trustee(s) of this Trust, and such other interests as, from time to time,
may be necessary to comply with the conditions set forth in said Findings and
Decision;
NOW THEREFORE, the Declarant hereby declares the followingand the Trustee, for itself and its
“successors in Trust, agreesto hold, manage, administerand dispose of such Property
in accordance with the terms of this instrument,
MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page
1 of 10
FIRST AMENDED DECLARATION OF TRUST
B67 wee —- -
‘ARTICLE 1. NaME OF TRUsT
This Trust shall be known as the “Maple Ridge Estates Homeowners Assoolation Trust”
ARTICLED. Trust PRoPeRry
The land which is the subject to this Trust shall be Open Space Parcels F, Gand H, Shakespeare
Street, Hemingway Road, Poe Cirand clean undi LVI ided 1/3 interestin Maple Ridge Road Open
Space Parcel F, G ands H, Shakespeare Street, Hemingway Road Poe Circle andan undivided
\3 interest in Maple Ridge Road and such other interests as, from time to time, may
be
conveyed to the Trustee(s) serving hereander, Real property conveyed to the Trust will
‘sometimes herein be referred toas “Common Land.”
All Trust Property shall be for the equal cémmon use and enjoyment of the owners of Lots 1
through
52 of Mr laple Ridge Estates Subdivision (hereafter sometimes collectively as the “Lot
Owners”), shall be subject to the Comprehensive Permit, shall be subject to the Declaration of
Covenants and Restrictions to the covenant with the Town of Tyngsborough Board of. Is
and shall be subject to the “Declaration of Covenants and Restrictions, Maple Ridge Estates”
recorded herewith and the Comprehensive Permit and sich other iristruments as shall be recorded
to cause compliance ‘with the Comprehensive Permit, as the same has been or may be hereafter
modified.
ARTICLE IIL BENEFICIARIES
Section}, The beneficiaries of this Trust shall be the owner
of s
Lots I thro 52 ugh
inclusive
as represented on the aforementioned Comprehensive Permit Plan (hereinafter “Lot Owners").
A Lot Owner shall become a beneficiary automatically upon becoming a Lot Owner and shall
cease to be a beneficiary automatica
upon ceasing
lly to be such an owner. By eeceptance of the
deed to said lot, the Lot Owner agrees to be bound by all of the terms of this Trust, Rules and
Regulations promulgated hereunder, and a Declaration of Covenants and Restrictionsto be
recorded herewith. The extent of each Lot Owner's beneficial interest shall be as set forth in the
Lot Owner's deed,
Section2. The beneficial interest appurtenant to each lot shall be held and exercised as a
Lot and shall not be divided among several owners of any such lot. To that end, whenever any
of the lots of record are owned by more than one person, then
the several owne
of rs
such lot
shall (a) determine and designate which one of such owners shall be authorized and entitled to
cast votes, execute instruments and otherwise exercise the rights appertaining to such lot
hereunder, and (b) notify the Trustee(s) of such designation by a notice in writing signed by all
the record owner of s
such lot. Any such designation shall take effect upon rece of ipt
the notice
thereof by the Trustee(s) and may be changed at any time and from time to time by notice as
aforesaid. In the absenofcesuch notice of designation, the Trustee(s) may designate any one
such owner for such purposes.
Section 3, The undivided beneficial interest in this Trust appertaining to each lot may not be
sepafrom rate ownership
d of the lot and shall be deemed conveyed or encumbered with the lot
even though such interest is not expressly mentioned or fully described in the conveyance or
other instrument.
MAPLE RIDGE STATES HOMEOWNERS ASSOCIA’ TION,
FIRST AMENDED DECLARATION OF TRUST Page 2 of 10
te
Section4, It is hereby expressly declared that a TRUST, and not a general partnership,
Kimited partnership; joint venture or other association, has been created by this instrument and
that the Lot Owners are the BENEFICIARIES, and not ‘partners or associates between
themse withlves
respect to the Trust property, and hold no relation to the Trustees other than
Beneficiarie
with only such s,
rights as are conferr
upon them
ed as such Beneficiaries hereunder,
ARTICLE IV, ‘TRUSTEES
Section$, Original Trustee. The original Tnistee shall be Maple Ridge Real Estate
Development Corp, which shall serve as sole Trustee'until replaced by Successor Trustees as set
forth in the provisions of this Trust. So longas the Declarant, its successors and/or assigns owns
any property shown on the Comprehensive Permit Plan, it shall have the exclusive right to name
the Trustee(s),
Section 6, Successor Trustees. Upon the sale of all of the lots owned by the Declarant, its
‘Successors and/or assigns, the Lot Owners shalll elect at least three Trustees, by vote of the Lot
Owners holding not less than fifty-one (51%) percent of the beneficial interest hereunder voting
at any Annual or Special Meeting of the Lot Owners. Notwithstanding the foregoing, in the
event that, after notice of such meeting has been duly given to cach Lot Owner hereunder, fess
than 51% of the Lot Owners participate in the special meeting called for the purpose
of electing
the Declarant’s successions, notwithstanding that Iess than a quorum is present at the meeting,
successor trustees may be elected by majority vote of the Lot Owners who attend such special
meeting,
Section7, Appointment of Successor Trustees, At no time thereaft shall the Loter Owners
design fewer ate
than three (3) Trustees to serve at any one time. The Trustees shall at all times
‘be Lot Owners. If, and whenever, the number of Trustees shall become less than three, such
vacancies shall be filled by a vote of the Lot Owners as aforesaid. Each vote of the Lot Owners
appointing a Trustee or Trustees shall be evidenced by an instrument in writing signed by the
Clerk of the Trustees that the Lot Owners have voted the appointment of said Trustee or
Trustees, and the appointment of the Trustee or Trustees shall become effective upon the
recording of said instrument
and an instrament evidencing the accept of suchance
appointment
signed and acknowledged by the person(s) 80 appointed Trustee(s) with the Middlesex North
District Registry of Deeds (hereinafter "Registry of Deeds"). Upon the appointment of any
succeeding Trustee, the title to the Trust property shall thereupon and without the necessity of
any conveyance be vested in such succeeding Trustee, and such ‘Trustes shall have
the rights, powers, authority and privileges as if named as an original Trustee hereunder,
Section 8, Resignation and Removal of Trustees. Any Trustee may resign or be discharged
from the Trusts hereof at any time by an instrument in writing signed and acknowledged in the
manner required in Massachusetts for acknoofwledg
deeds, and such resignation
ment shall take
effect upon the recording of such instrumen
with tthe Registry of Deeds. By a vote of the Lot
Owners holding not less than fifty-one (51%) percent
of the beneficial interest hereunder, any
Trustes may be removed with or without cause, and the vacancy among the Trustees caused by
such removal shall be filled in the manner provided in Section 2 above. Such removal shall
become effective upon the recording with the Registry of Deeds of a Certificate of Removal
signed by the Clerk of the Trustees.
MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page
3 of 10
FIRST AMENDED DECLARATION OF TRUST
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Section9, Trustee Bond. No Trustee named or appointe
“A es hereinaft
der provided, whether
as original Truste¢ or as a successor to ora substitu for another,
te shall be oblitoged give aniny
bond or other security for the performance of any ofhis duties hereunder,
except if by a majority
vote at a duly called Lot Owners meeting, it is voted that bond shall
be required of Trustee(s). [n
the event bonding shall be required, then all cos of suchtbo
tsnds shall be acommon expense of
the trust...
Section10. Meetin
of gs
Truste (8). Meetings ofthe Trustee(s) may be called by any Trustee
or in such other manner as the Tru: stee(s) may establish; provided, however, that notice of each
such meeting, stating the place, day and hour thereof, shall be given at least three (3) days
before such meeting to each Trastee, unless such notice shall be waivedin writing either before
rafter the meeting by those Trustees not soreceiving it. A majority of the numb of er
Trustees,
ora single Trustee, if there be only one, then in office shall constitu quorum atte'a
all meetings
of Trustes(s) and such meetings shall be conducted in accordance with such rules the Trustee(s)
may adopt. Unless otherwise provided by the Trustee(s) in siuch rules, all action by the
Trustee(s) shall be by majority vote of a quorum thereof, Any actiion required or permitted to be
taken at any meeting of the Trustees may be taken without a meeting if all the Trustees
consent
to the action in writing and the written consents are filed with the records of the meeting of
Trustees.
Section 11, Meetin
of Lot gs
Owners. Annual Meetings of Lot Owners. There shall be an
annual meeting of the Lot Owners onthe first Saturofday
April of each year at 2:00 p.m. (oron
such other day and time at least once each calendar year as may be designated by the Trustees)
.
Written notice of any meeting designating a reaeonable place and the day and hour thereof shall
be given by the Trustees to the Lot Owners at least seven days priot to the date so designated.
When at any ev the Trustees Propo
meeting er to se
raise any matter requiring approval by the Lot
Owners, the notice of the meeting shall identify such matter and the fact that Lot Owner
approval there for will be sought. There shall be a Quot rum of the holders of fifty percent (50%)
of the beneficial interest at any meeting of the Lot O )Wners,
Section 12. 1 Meetings of the Lot Owners may be called at
any time by the Trustee(s) and shall be called by them upon the written request of Lat Owners
hol moredin
than twenty-fiv
g e (25%) percent of the beneficial interest hereunder. Written notice
of any such meeting designatin the place,
g day and hour thereof, shall be given by the Trustee(s)
to the Lot Owners at least seven (7) days prior to the date so designated, Whenever at any
meetinof gthe Lot Owntheers Trustee(s) will propose to submit to such owners any matter with
Tespe
to ctwhich approval of or action by the Lot Owners is necessary or appropriate, the notice
of such meeting shalt so state and reasonably
specify such matter. Meetings of Lot Owners shall
be conducted in accordance with such rules as the Lot Owners may adopt.
Seotion 13, Trustee Remuneration. No Trustee shall receive remuneration for his services
unless he shall be appointed as manager in accordance with the provisions below; provided,
however, that if approved by a vote of the Lot Owners holdi ing not less than fifty-one (51%)
percentof the beneficial interest hereunder, a Trustee may receive reasonable remuneration for
extraordinary or unusual service, legal or otherwise, rendered by him in connection with the
Trusts
MAPLE RIDGE, TSTATES HOMEOWNERS ASSOCIATION,
FIRST AMENDED DECLARATION OF TRUST Page
4 of 10
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Section!4. Limitation on Disqualification of Trustee Dealing. No
Trustee shall be
disqualified by his office from contracting or dealing with the Trustees or with
one or more Lot
Owners as vendor, haser or otherwise, nor shall any such déaling, contract or arrangement
entered into in respect of this Trust in which any Trustee shall
be in any way interested be
avoided nor shall any Trustee so dealit ing or contracting or being so interested
be liable to
account for any profit realized by any such dealing, contract or arrangement by
reason of such
Trustee's holding office or of the fiduciary relation hereby established, provided
the Trustee
shall act in good faith and shall disclose the nature of his interest before the dealing,
contract or
arrangement is entered into.
<,
Limitation of Trustee(s) Liability. To the extent permitted by law, no Trustee
shall be liable to the Trust
or to any Trustee for any act or omission of any other Trustee, officer
or agent of the Trust or be held to any personal liability whatsoever in tort,
contract, or
otherwi: ise in connection with the affairs of this Trust except only that arising from his own
willful malfeasance, bad faith, gross negligence, or reckless disregard of duty.
Section16, Indemnification of Trustee(s). To the extent permitted by law, any persomade n a
party
to any action, suitor proceedior againstngwhom a claim or liability is asserted by reason
of the fact that he; his testator or intestate was or is a Trustee of the Trust or active in such
capacity on behalf of the Trust shall be indemnified and held harmaless by the Trust against
judgments, fines, amounts paid on account thereof (whether in settlement or otherwise) and
reasonable expenses, including attorneys’ fees, actually and reasonably incurred by him in
connection with the defense of such action, suit, proceeding, claim or alleged liability
or in
connection with any appeal therein, whether or not the same proceeds to judgment or is settled
‘or otherwise brought to a conclusion; provided, however, that no such person shall be so
indemnified or reimbursed for any claim, obligation, or liability which arose outof the Trustee's
‘willful malfeasance, bad faith, gross negligence or reckless disregard of duty; and provided
further, that such person gives prompt notice thereof, executes such documents and takes such
action as will permit the Trust to conduct the defense or settlement thereof and cooperates
therein. The cost of such indemnification shall be charged to all the Lot Owners as a Common
Expense, The rights accruin| g to any person under these provisions shall not exclude any other
Tightto which he may be | jawtul ly entitled, nor shall anything contained herein restrict the tight
of the Trust to indemnify or reimburse such person in any proper case even though
not
specifically provided for herein, nor shall anything contained herein restrict such right of a
‘Trustee to contribution as may be available under applicable law.
ARTICLE V, DUTIES AND POWERS OF TRUSTEE(S)
‘Section1,1 General Duties. The T:‘rustee(s) shall have the duty of managing, maintaining, and
controlling the Common Land and “Subdivision Infrastructure” as-hereafter defined and for
causing compliance with the Declaratio of Covenants
n(s) and Restrictions: recorded herewithor
hereafter, and to that end shall have, in addition to the powers, and subject to the
limitations,
hereinafter specified, the following powers:
@ To retain the Trust property in the same form of investment in which received;
MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION,
FIRST AMENDED DECLARATION OF TRUST Page 5 of 10
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wine
i) To amend this Trust by adding lots and Common Areas provided on any revised
or
modified Comprehensive Permit Plan approved by the Tyngsborough Board of
.
Appeals;
Gi) To reapportion proportionate shares of trust propertyto coincide with any increaseor
decreasein Lots from those shawn on the Comprehensive Permit Plan;
(iv) To purchase and otherwise acquire any real or persona) property;
”) To borrow money and mortgage or pledge all or any part of the personal property and
issue bonds, notes, or other evidences of indebtedness;
wi) To inveSt any of the Trust personal property in such manner as he deems advisable
without being limited as to the kind or amount of any investment;
(vii) To incur obligations and to pay, compromise, or adjust all obligations incurred and
rights acquired in the administration of the Trust;
(vii) To determine whether his receipts shall be accounted for as principal or as income,
and as to all obligations paid by him whether the same shall be charged against
principal or against income;
Gx) To improve any property owned by the Trustee(s);
(x) To manage, maintain, repair and restore the Common Land, Roadways, Drainage
System, and Subdivision Infrastructure and improvements thereto;
(xi) To obtain advise of counsel and to rely thereon, and to employ, appoint and remove
such other persons, agents, manigers, officers, brokers, engineers, architects,
employees, servants and assistants as he shall deem advisable, and to define their
respective duties and fix their pay and compensation;
Gil) To do anything and everything else necessary and proper for the sound management
and administration of the Common Land and Subdivision Infrastructure and this
Trust and to do all such acts and things except as by law or by this Trust may not bs
delegated to the Trustee(s) by the Lot Owners.
(xili) To execute any and all instruments incidental or necessary to camry out any of the
foregoing powers.
For the purposes hereof, the term “Subdivision Infrastructure” shall include all infrastructure
(including but not’ limited to all Roadways, Street Lighting, Drainage, and Storm Water
Management Practices and all improvements made thereto for the benefit of the beneficiaries)
that is either 1) located within or serving any Lot located within the area of land shown as “Lot
A” on a plan entitled “Comprehensive Permit Subdivision Plan” dated June 22,2004 and
record
in ed
said Registry of Deeds in Plan Book 215 Plan 8 (hereafter
the “Subdivision Plan”);
2) any casement area serving said Lot A or Jocated within Maple Ridge Road and serving Lotson
said LotA. Furthermore, the Trustand eesshall be responsible, incommon with the Homeowners
Association for the properties located on Lot B and Lot C on the Subdivision Plan, for the
maintenance of Maple Ridge Road. The Maple Ridge Estates Homeowner Association shall be
responsible for 1/3 of any and all costs associated with the maintenance of ‘Maple Ridge Read,
MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION,
FIRST AMENDED DECLARATION OF TRUST Page
6 of 10
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Without limiting the generality of the foregoing provisions, maintenance of the Common Roads
and Common Land shall includ le, without limitation, snow plowing, landscaping, trash
removel/recycling
and street lighting.
The Trustee(s) of this Trust, in discharging their responsibilities hereunder, shall honor.sai
d
ive Permit and a Declaration of Covenants and Restrictions and shall enforce the
°
testrictions imposed thereby.
Section2, Taxes and Municipal Assesaments, The Truste(s) shal pay al real estate taxes
and other muni icipal assessments in connection with the ownership, operation and contro
of lthe
Common Land and improvements thereon, and such taxes and assessments shall be charged ta
all the Lat Owners as Common Expenses,
Section3. Insurance. The Trustee(s) shall obtain and maintain policies of @
comprehensive public liability and (b) casualty and physical damage insurance, as
naming "TRUSTEES of MAPLE RIDGE HOMEOWNERS ASSOCIATION TRUST as
Insurance Trustee(s) for the benefit of MAPLE.RIDGE HOMEOWNERS ASSOCIATION
TRUST" covering the Common Land and Roadways and Subdivision Infrastructure and all
buildings and facilities placed thereon and other insurable improvements made thereto, The cost
of obtaining and maintaining such insurance agreements shall be charged to all the Lot Owners
as Common Expenses, Bach Lot Owner shall provide that the comprehensive public liabilityon
his lot shall cover his Hability resulting from his beneficial interest in the Common Land. -
Section 4. Rules and Regulations, ‘The Trustee(s) shall have the rightat any ime and from
tim to time
e to adopt, amend, and rescind rules and regulations governing the details of
Operation and use of the Common Land and/or improvements thereto, These rules and
regulations shallbe binding upon all Lot Owsiers and residents of the subdivision, unless and
until they shall be modified or rescinded by a vote of the Trustees, or a vote of the Lot Owners
at any Annual or Special Meeting
of the Lot Owners.
ARTICLE VI. APPOINTMENT OF A MANAGER
The original Trustee or a majotity of the successor Trustees may recommend to the Lot Owners
that a Manager be hired to manage and maintain the Common Land and Improvements and shall,
in such recommendation, state the proposed terms of employment and the cost thereof. If
appr by oved
two thirds (2/3) of Lot Owners voting at any Annual or Special Meeting of the Lot
Owners, such Manager shall be hired upon the terms proposed and approved, and the cost of his
services shall be charged to all the Lot Owners as a Common Expense.
ARTICLE VI. . AssissmMEeNnT FOR COMMON EXPENSES
Section. By becoming beneficiaries of this Trust, the owners of Lots I through 52
inclusive agre to payethe Common Expen of ses
the Trust, Such Common Expenses shall be
assessed against each Lot Owner in proportion to his beneficial interest in the Trust and shall be
payable upon demand, or upon such other terms (e.g. payable after thirty (30) days ar in
monthly installments) including « provision for reasonable interest on amounts remaining
MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page
7 of 10
FIRST AMENDED DECLARATION OF TRUST
unpaid after thirty (30) days, as may be fiom tite to tine prescribed by the Trustees)
Notwithstanding the foregoing or any provtoisiothe contfary,
n the Lot Owne of rs
any Lots
designated as'affordable housing units set forth in the Regulatory Agreement or
referred to in the Comprehensive Permit shall be assessed not more than 43% the amount that a
market rate unit is assessed in each ease, The Trustec(s) may in its discretion, prior to the
commencement of each fiscal year of the Trust, estimate the Common Expenses to be incurred
by the Trust during such forthcoming fiscal year and assess each Lot Owneras aforesaifor d
such estimated expenses. In the event the actual Common. Expenses incurred by the Trust
exceed such estimated expenses, tal assessments may be made by the Trustee(:
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COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. SUPERIOR COURT DEPARTMENT DOCKET NO. ° - \3 62. RECEIVED MAPLE RIDGE ESTATES HOMEOWNER’S ASSOCIATION TRUST, by its trustees, 6/18/2021 Plaintiff, JP Vv. ANDREA SCONDRAS AND NORRIS A. SCONDRAS, Defendants, COMPLAINT PRELIMINARY STATEMENT This is an action brought bya homeowners association of a residential subdivision in Tyngsborough, Massachusetts against the owners of a lot within the subdivision for unpaid common expenses assessed pursuant to the Declaration of Trust and Rules and Regulations of the subdivision and the homeowner’s association to enforce a lien for these unpaid common expenses. PARTIES The Plaintiff is Maple Ridge Estates Homeowner’s Association Trust (hereinafter, “the Association”), with an address of c/o Linear Property Management, 150 Westford Road, Suite #21, Tyngsboro, MA 01879. The Association is a trust created through a Declaration of Trust recorded with the Middlesex North Registry of Deeds in Book 19781, Page 96, and amended through a First Amended Declaration of Trust recorded at the Middlesex North Registry of Deeds in Book 1981 8, Page 278. The trustees of the Association (hereinafter, “the Trustees”), through whom this action in brought on behalf of the Association, are comprised of lot owners living within the Maple Ridge Estates subdivision (hereinafter, “Maple Ridge Estates”). The Plaintiff brings this action pursuant to their powers in that certain First Amended Declaration of Trust for the Maple Ridge Estates Homeowners Association, dated February 15, 2006 and recorded on February 15, 2006 at the Middlesex County (Northern District) Registry of Deeds in Book 19818, Page 278, and any amendments thereto. (Copy of First Amended Declaration of Trust attached hereto and marked Exhibit “A”) The Defendants, Norris A. Scondras and Andrea Scondras, are the record Owners of 44 Shakespeare Street, a lot within Maple Ridge Estates, with an address of 44 Shakespeare Street, Tyngsborough, MA 01879, pursuant to a deed dated August 3, 2006 and recorded on August 3, 2006 at the Middlesex County (Northern District) Registry of Deeds in Book 20374, Page 85. (Copy of deed attached hereto and marked Exhibit “B”) FACTS Pursuant to the applicable provisions of the Declaration of Trust and the Rules and Regulations of the Association, the Association has duly assessed common charges, dues and/or assessments to the Defendants which have not been paid when due. Specifically, Paragraph 1 of the Rules and Regulations adopted by the Trustees of the Association pursuant to Article V, Section 4 of the Declaration of Trust and made effective April 1, 2012 (hereinafter, “the Rules and Regulations) states: Effective April 1, 2012, homeowners who are more than thirty (30) days late in delivering to The Association and/or its managing agent the full balance of homeowner's association fees together with any assessed late fees, collection costs (incurred by The Association or its managing agent on or after May 1, 2012), and attorney’s fees (incurred on or after May I, 2012), shall be assessed a late fee of $20 for each month in which the homeowner continues to carry an outstanding balance, together with all collection costs incurred by The Association or its managing agent. For instance, with regard to the 2 quarterly payment due on April 1, 2012, ifa homeowner has an outstanding balance of homeowner’s fees on May I, 2012, the homeowner will be assesseda $20 late fee for each month in which the homeowner continues to carry an outstanding balance of homeowner's fees and/or late fees, collection costs and attorney's fees incurred after May 1, 2012. All such late fees and collection costs which shall become due shall constitute a lien upon such homeowner's lot and all improvements thereon without the necessity of recording of a notice thereof with the Registry of Deeds and shall be binding on all subsequent owners. (Copy of Rules and Regulations attached hereto and marked Exhibit “C”) Further, Paragraph 2 of the Rules and Regulations states: Effective April I, 2012, homeowners shall be responsible for all attorney's fees and costs incurred by The Association and/or its managing agent as a result of any collection efforts by The Association and/its managing agent, or as a result of any action by The Association and/or its managing agent to enforce the provisions of The Trust, the Amended Declaration of Covenants and Restrictions, and/or Rules and Regulations. All such attorney's fees shall constitute a lien upon such homeowner’s lot and all improvements thereon without the necessity of recording of a notice thereof with the Registry of Deeds and shall be binding on all subsequent owners: As a result of the Defendants’ failure to pay homeowner’s association fees, late fees have been charged for these overdue payments of common charges pursuant to Paragraph 1 of the Rules and Regulations, and pursuant to Paragraph 2 of the Rules and Regulations, the Defendants are liable for reasonable attorney’s fees incurred by the Plaintiff in pursuing this matter in accordance with the Rules and Regulations of the Association. The Defendants have failed to pay the following items: a Fees as described in the itemized list attached hereto as Exhibit “D” $ 2,127.30 Costs of Collection, Including Attomey’s Fees $ 1,695.00 Filing Fee $ 275.00 Summonses, Attested Copies of Complaint, Recording Attested Copy of Complaint $___97.50 TOTAL S$ 4,194.80 On or about February 20, 2020, the Plaintiff through counsel wrote to the Defendants and 3 requested payment for unpaid Home Owners Association fees. However, the Defendants neglected to respond to the Plaintiffs correspondence in any way. 10. On or about August 27 2020, the Plaintiff, through counsel sent a second notice to the Defendants and demanded payment for outstanding common charges, late fees, and attorneys’ fees. However, the Defendants neglected to respond to the Plaintiffs correspondence in any way. 1] On January 20, 2021, the Plaintiff, through counsel, yet again wrote to the Defendants and demanded payment for outstanding common charges, late fees, and attorneys’ fees. However, the Defendants again neglected to respond to the Plaintiffs correspondence in any way. 12. In short, the Defendants have repeatedly refused to respond to the Plaintiffs numerous attempts to reach out to the Defendants to make arrangements for payment of outstanding common charges, late fees, and attorneys fees, leaving the Plaintiff with no reasonable option other than to file the instant action. 13 As of the date of this Complaint, the Defendants have failed to pay the above-referenced amounts, and these amounts remain outstanding and continue to accrue. 14. Article VII, Section 6 of the First Amended Declaration of Trust, states: Foreclosure of Liens. The liens for non-payment provided for above may be enforced by sale of the premises subject thereto, in the manner provided by law for the foreclosure of mortgages containing a power of sale, provided that notice of the commencement of such proceedings or an affidavit of such sale, is filed or recorded in said Registry of Deeds within two years of the date on which payment is due. CAUSES OF ACTION COUNT I~ DAMAGES AGAINST THE DEFENDANTS PERSONALLY 15. The Plaintiff re-alleges and incorporates by reference, as if fully set forth herein, the allegations contained in Paragraphs 1 through 14 above. 16, The Defendants are indebted to the Plaintiff for the amount of unpaid common charges, late fees, attomeys fees and collection costs, as such may additionally accrue hereafter pursuant to the applicable provisions of the Association’s documents including the Declaration of Trust and the Rules and Regulations. COUNT II — LIEN AGAINST THE BUILDING LOT 17 The Plaintiff re-alleges and incorporates by reference, as if fully set forth herein, the allegations contained in Paragraphs 1 through 16 above. 18 Pursuant to Article VII, Section 5 of the Declaration of Trust, said arrearage ‘of unpaid common charges, late fees, attorneys’ fees and collection costs, constitutes a lien upon the property. PRAYER WHEREFORE, the Plaintiff prays that this Honorable Court issue the following relief: 1 Pursuant to Count I, enter judgment for the Plaintiff against the Defendants for the amount of unpaid common charges, late fees, attorneys fees and collection costs as may be found; Pursuant to Count II, declare that there is a lien upon the Defendants’ property in the amount of the debt as found; Order the sale of the property by the Plaintiff to satisfy, in whole or in part, the declared lien; Grant the Plaintiff possession of the property as part of said sale; 6. Award the Plaintiff the right and authority to execute a deed for the premises; and, 7. Grant such other relief as may be just and proper. Respectfully submitted, Plaintiff, Maple Ridge Estates Homeo' wens Association, by its trustees By its Attorneys, |sl Frank4. Hynn, Eg, DATE: June 18, 2021 Frank A. Flynn, Esq. BBO # 551668 Frank@flynnlaw-ne.com Patrick R. Gamelin, Esq. BBO # 663855 Patric] nnlaw-ne.com Flynn Law Group 185 Devonshire Street, Suite 401 Boston, MA 02110 (617) 988-0633 NOTICE OF IMPORTANT RIGHTS Pursuant to the federal Fair Debt Collection Practices Act (15 U.S.C. sec. 1692), a consumer debtor is required to be sent the following notice: (1) unless the consumer, within thirty days after receipt of this notice, disputes the validity of the debt or any portion thereof, the debt will be assumed to be valid by the debt collector; (2) if the consumer notifies the debt collector in writing within the thirty-day period that the debt or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and copy of such verification or judgment will be mailed to the consumer by the debt collector; and (3) upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. The law firm of Downing & Flynn is acting as a debt collector pursuant to the federal Fair Debt Collection Practices Act. Any information obtained will be used for that purpose. The Federal Trade Commission has ruled that the federal Fair Debt Collection Practices Act does not preclude the institution of legal action prior to the expiration of the thirty-day period. EXHIBIT. il | it | 8 l Bk: 19818 Pe 278 Pega: 10110 . Reoprdad: 02/16/2008 01:40 PM MApLe Rince Estates HOMEOWNERS ASSO CIATION FIRST AMENDED - DECLARATION OF TRUST NOW COMES Maple Ridge Real Estate ent Corp., as Trustee of the Maple Ridge Estates Homeowners Association Trust recorded with the Middlesex North District Registry ofDeeds in Book 19781, Page 96, as Settlor of the said Maple Ridge Estates Homeowners Association Trust and as owner of more than 2/3 of Lots 1 through 52 shown on a plan entitled “Final Construction Plans, Maple Ridge Development, Tyngsborough, Massachusetts" dated August 23, 2004, and recorded with the Middlesex North District Registry of Deeds in Plan Book 219, Plan £7, and, in accordance with Article 12 of said Trust, hereby amends the: Sal id Maple Ridge Estates Homeowners Association ‘Trus by replacing t, the same, in its entirety, with the following: This AMENDED Agreement and Declaration of Trust is made this /S”day of February 2006, effective as of January27, 2006, by Maple Ridge Real Estate Development Corp., a corporation duly established under the laws of the Commoniwealth of Massachusetts, having a principal place of business at 315 Middlesex Road, Tyngsborough, Massachu (hereinafter sometimes sett referredsto as the "Declarant") as Settlor and said Maple Ridge Real Estate Development Corp., as Trustee, WHEREAS, the Deciarant js the owner of that land shown as Open Space F, Open Space G and Open Space H (said Open Space F through H hereafter collectively referred to asthe “Open Space Parcels”) and the roadways shown as Shakespeare Street, Hemingway Road, Poe Circle and Maple Ridge Road (said roadways hereafter collectively the “Common Roads”) on a plan entitled “Final Construction Plans, Maple Ridge Development, Tyngsborough, Massachusetts" dated August 23, 2004, and recorded with the Middlesex North District Registry of Deeds in Plan Book 219, Plan 17 (said plan hereinafter referred to as the “Comprehensive Permit Plan”); and this Trust is intended to satisfy the. Declarant’s obligation to create a Homeowners Association as set forth in the Comprehensive Permit granted by the Town of ‘Tyngsbo Board of Appealsroug dated September h 30, 2002 granted by the Board of Appeals of the Town of Tyngsborough recorded in said Registry of Deeds in Book 17581 Page 184, as modified by the Decision of the Board of Appea datedlsJune 11,2003 recorded in sald Registryof Decdsin Book 19639 Page 67, and as thereafter or hereafter modified (hereafter the “Comprehensive Permit”); and WHEREAS, the Declarant shall convey the fee in Open Space Parcels F, G and H, Shakespeare Street, Hemingway Road, Poe Circle and an undivided 1/3 interest in Maple Ridge Road to the Trustee(s) of this Trust, and such other interests as, from time to time, may be necessary to comply with the conditions set forth in said Findings and Decision; NOW THEREFORE, the Declarant hereby declares the followingand the Trustee, for itself and its “successors in Trust, agreesto hold, manage, administerand dispose of such Property in accordance with the terms of this instrument, MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page 1 of 10 FIRST AMENDED DECLARATION OF TRUST B67 wee —- - ‘ARTICLE 1. NaME OF TRUsT This Trust shall be known as the “Maple Ridge Estates Homeowners Assoolation Trust” ARTICLED. Trust PRoPeRry The land which is the subject to this Trust shall be Open Space Parcels F, Gand H, Shakespeare Street, Hemingway Road, Poe Cirand clean undi LVI ided 1/3 interestin Maple Ridge Road Open Space Parcel F, G ands H, Shakespeare Street, Hemingway Road Poe Circle andan undivided \3 interest in Maple Ridge Road and such other interests as, from time to time, may be conveyed to the Trustee(s) serving hereander, Real property conveyed to the Trust will ‘sometimes herein be referred toas “Common Land.” All Trust Property shall be for the equal cémmon use and enjoyment of the owners of Lots 1 through 52 of Mr laple Ridge Estates Subdivision (hereafter sometimes collectively as the “Lot Owners”), shall be subject to the Comprehensive Permit, shall be subject to the Declaration of Covenants and Restrictions to the covenant with the Town of Tyngsborough Board of. Is and shall be subject to the “Declaration of Covenants and Restrictions, Maple Ridge Estates” recorded herewith and the Comprehensive Permit and sich other iristruments as shall be recorded to cause compliance ‘with the Comprehensive Permit, as the same has been or may be hereafter modified. ARTICLE IIL BENEFICIARIES Section}, The beneficiaries of this Trust shall be the owner of s Lots I thro 52 ugh inclusive as represented on the aforementioned Comprehensive Permit Plan (hereinafter “Lot Owners"). A Lot Owner shall become a beneficiary automatically upon becoming a Lot Owner and shall cease to be a beneficiary automatica upon ceasing lly to be such an owner. By eeceptance of the deed to said lot, the Lot Owner agrees to be bound by all of the terms of this Trust, Rules and Regulations promulgated hereunder, and a Declaration of Covenants and Restrictionsto be recorded herewith. The extent of each Lot Owner's beneficial interest shall be as set forth in the Lot Owner's deed, Section2. The beneficial interest appurtenant to each lot shall be held and exercised as a Lot and shall not be divided among several owners of any such lot. To that end, whenever any of the lots of record are owned by more than one person, then the several owne of rs such lot shall (a) determine and designate which one of such owners shall be authorized and entitled to cast votes, execute instruments and otherwise exercise the rights appertaining to such lot hereunder, and (b) notify the Trustee(s) of such designation by a notice in writing signed by all the record owner of s such lot. Any such designation shall take effect upon rece of ipt the notice thereof by the Trustee(s) and may be changed at any time and from time to time by notice as aforesaid. In the absenofcesuch notice of designation, the Trustee(s) may designate any one such owner for such purposes. Section 3, The undivided beneficial interest in this Trust appertaining to each lot may not be sepafrom rate ownership d of the lot and shall be deemed conveyed or encumbered with the lot even though such interest is not expressly mentioned or fully described in the conveyance or other instrument. MAPLE RIDGE STATES HOMEOWNERS ASSOCIA’ TION, FIRST AMENDED DECLARATION OF TRUST Page 2 of 10 te Section4, It is hereby expressly declared that a TRUST, and not a general partnership, Kimited partnership; joint venture or other association, has been created by this instrument and that the Lot Owners are the BENEFICIARIES, and not ‘partners or associates between themse withlves respect to the Trust property, and hold no relation to the Trustees other than Beneficiarie with only such s, rights as are conferr upon them ed as such Beneficiaries hereunder, ARTICLE IV, ‘TRUSTEES Section$, Original Trustee. The original Tnistee shall be Maple Ridge Real Estate Development Corp, which shall serve as sole Trustee'until replaced by Successor Trustees as set forth in the provisions of this Trust. So longas the Declarant, its successors and/or assigns owns any property shown on the Comprehensive Permit Plan, it shall have the exclusive right to name the Trustee(s), Section 6, Successor Trustees. Upon the sale of all of the lots owned by the Declarant, its ‘Successors and/or assigns, the Lot Owners shalll elect at least three Trustees, by vote of the Lot Owners holding not less than fifty-one (51%) percent of the beneficial interest hereunder voting at any Annual or Special Meeting of the Lot Owners. Notwithstanding the foregoing, in the event that, after notice of such meeting has been duly given to cach Lot Owner hereunder, fess than 51% of the Lot Owners participate in the special meeting called for the purpose of electing the Declarant’s successions, notwithstanding that Iess than a quorum is present at the meeting, successor trustees may be elected by majority vote of the Lot Owners who attend such special meeting, Section7, Appointment of Successor Trustees, At no time thereaft shall the Loter Owners design fewer ate than three (3) Trustees to serve at any one time. The Trustees shall at all times ‘be Lot Owners. If, and whenever, the number of Trustees shall become less than three, such vacancies shall be filled by a vote of the Lot Owners as aforesaid. Each vote of the Lot Owners appointing a Trustee or Trustees shall be evidenced by an instrument in writing signed by the Clerk of the Trustees that the Lot Owners have voted the appointment of said Trustee or Trustees, and the appointment of the Trustee or Trustees shall become effective upon the recording of said instrument and an instrament evidencing the accept of suchance appointment signed and acknowledged by the person(s) 80 appointed Trustee(s) with the Middlesex North District Registry of Deeds (hereinafter "Registry of Deeds"). Upon the appointment of any succeeding Trustee, the title to the Trust property shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee, and such ‘Trustes shall have the rights, powers, authority and privileges as if named as an original Trustee hereunder, Section 8, Resignation and Removal of Trustees. Any Trustee may resign or be discharged from the Trusts hereof at any time by an instrument in writing signed and acknowledged in the manner required in Massachusetts for acknoofwledg deeds, and such resignation ment shall take effect upon the recording of such instrumen with tthe Registry of Deeds. By a vote of the Lot Owners holding not less than fifty-one (51%) percent of the beneficial interest hereunder, any Trustes may be removed with or without cause, and the vacancy among the Trustees caused by such removal shall be filled in the manner provided in Section 2 above. Such removal shall become effective upon the recording with the Registry of Deeds of a Certificate of Removal signed by the Clerk of the Trustees. MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page 3 of 10 FIRST AMENDED DECLARATION OF TRUST ——— ee Section9, Trustee Bond. No Trustee named or appointe “A es hereinaft der provided, whether as original Truste¢ or as a successor to ora substitu for another, te shall be oblitoged give aniny bond or other security for the performance of any ofhis duties hereunder, except if by a majority vote at a duly called Lot Owners meeting, it is voted that bond shall be required of Trustee(s). [n the event bonding shall be required, then all cos of suchtbo tsnds shall be acommon expense of the trust... Section10. Meetin of gs Truste (8). Meetings ofthe Trustee(s) may be called by any Trustee or in such other manner as the Tru: stee(s) may establish; provided, however, that notice of each such meeting, stating the place, day and hour thereof, shall be given at least three (3) days before such meeting to each Trastee, unless such notice shall be waivedin writing either before rafter the meeting by those Trustees not soreceiving it. A majority of the numb of er Trustees, ora single Trustee, if there be only one, then in office shall constitu quorum atte'a all meetings of Trustes(s) and such meetings shall be conducted in accordance with such rules the Trustee(s) may adopt. Unless otherwise provided by the Trustee(s) in siuch rules, all action by the Trustee(s) shall be by majority vote of a quorum thereof, Any actiion required or permitted to be taken at any meeting of the Trustees may be taken without a meeting if all the Trustees consent to the action in writing and the written consents are filed with the records of the meeting of Trustees. Section 11, Meetin of Lot gs Owners. Annual Meetings of Lot Owners. There shall be an annual meeting of the Lot Owners onthe first Saturofday April of each year at 2:00 p.m. (oron such other day and time at least once each calendar year as may be designated by the Trustees) . Written notice of any meeting designating a reaeonable place and the day and hour thereof shall be given by the Trustees to the Lot Owners at least seven days priot to the date so designated. When at any ev the Trustees Propo meeting er to se raise any matter requiring approval by the Lot Owners, the notice of the meeting shall identify such matter and the fact that Lot Owner approval there for will be sought. There shall be a Quot rum of the holders of fifty percent (50%) of the beneficial interest at any meeting of the Lot O )Wners, Section 12. 1 Meetings of the Lot Owners may be called at any time by the Trustee(s) and shall be called by them upon the written request of Lat Owners hol moredin than twenty-fiv g e (25%) percent of the beneficial interest hereunder. Written notice of any such meeting designatin the place, g day and hour thereof, shall be given by the Trustee(s) to the Lot Owners at least seven (7) days prior to the date so designated, Whenever at any meetinof gthe Lot Owntheers Trustee(s) will propose to submit to such owners any matter with Tespe to ctwhich approval of or action by the Lot Owners is necessary or appropriate, the notice of such meeting shalt so state and reasonably specify such matter. Meetings of Lot Owners shall be conducted in accordance with such rules as the Lot Owners may adopt. Seotion 13, Trustee Remuneration. No Trustee shall receive remuneration for his services unless he shall be appointed as manager in accordance with the provisions below; provided, however, that if approved by a vote of the Lot Owners holdi ing not less than fifty-one (51%) percentof the beneficial interest hereunder, a Trustee may receive reasonable remuneration for extraordinary or unusual service, legal or otherwise, rendered by him in connection with the Trusts MAPLE RIDGE, TSTATES HOMEOWNERS ASSOCIATION, FIRST AMENDED DECLARATION OF TRUST Page 4 of 10 . —— ——- Section!4. Limitation on Disqualification of Trustee Dealing. No Trustee shall be disqualified by his office from contracting or dealing with the Trustees or with one or more Lot Owners as vendor, haser or otherwise, nor shall any such déaling, contract or arrangement entered into in respect of this Trust in which any Trustee shall be in any way interested be avoided nor shall any Trustee so dealit ing or contracting or being so interested be liable to account for any profit realized by any such dealing, contract or arrangement by reason of such Trustee's holding office or of the fiduciary relation hereby established, provided the Trustee shall act in good faith and shall disclose the nature of his interest before the dealing, contract or arrangement is entered into. <, Limitation of Trustee(s) Liability. To the extent permitted by law, no Trustee shall be liable to the Trust or to any Trustee for any act or omission of any other Trustee, officer or agent of the Trust or be held to any personal liability whatsoever in tort, contract, or otherwi: ise in connection with the affairs of this Trust except only that arising from his own willful malfeasance, bad faith, gross negligence, or reckless disregard of duty. Section16, Indemnification of Trustee(s). To the extent permitted by law, any persomade n a party to any action, suitor proceedior againstngwhom a claim or liability is asserted by reason of the fact that he; his testator or intestate was or is a Trustee of the Trust or active in such capacity on behalf of the Trust shall be indemnified and held harmaless by the Trust against judgments, fines, amounts paid on account thereof (whether in settlement or otherwise) and reasonable expenses, including attorneys’ fees, actually and reasonably incurred by him in connection with the defense of such action, suit, proceeding, claim or alleged liability or in connection with any appeal therein, whether or not the same proceeds to judgment or is settled ‘or otherwise brought to a conclusion; provided, however, that no such person shall be so indemnified or reimbursed for any claim, obligation, or liability which arose outof the Trustee's ‘willful malfeasance, bad faith, gross negligence or reckless disregard of duty; and provided further, that such person gives prompt notice thereof, executes such documents and takes such action as will permit the Trust to conduct the defense or settlement thereof and cooperates therein. The cost of such indemnification shall be charged to all the Lot Owners as a Common Expense, The rights accruin| g to any person under these provisions shall not exclude any other Tightto which he may be | jawtul ly entitled, nor shall anything contained herein restrict the tight of the Trust to indemnify or reimburse such person in any proper case even though not specifically provided for herein, nor shall anything contained herein restrict such right of a ‘Trustee to contribution as may be available under applicable law. ARTICLE V, DUTIES AND POWERS OF TRUSTEE(S) ‘Section1,1 General Duties. The T:‘rustee(s) shall have the duty of managing, maintaining, and controlling the Common Land and “Subdivision Infrastructure” as-hereafter defined and for causing compliance with the Declaratio of Covenants n(s) and Restrictions: recorded herewithor hereafter, and to that end shall have, in addition to the powers, and subject to the limitations, hereinafter specified, the following powers: @ To retain the Trust property in the same form of investment in which received; MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, FIRST AMENDED DECLARATION OF TRUST Page 5 of 10 eee wine i) To amend this Trust by adding lots and Common Areas provided on any revised or modified Comprehensive Permit Plan approved by the Tyngsborough Board of . Appeals; Gi) To reapportion proportionate shares of trust propertyto coincide with any increaseor decreasein Lots from those shawn on the Comprehensive Permit Plan; (iv) To purchase and otherwise acquire any real or persona) property; ”) To borrow money and mortgage or pledge all or any part of the personal property and issue bonds, notes, or other evidences of indebtedness; wi) To inveSt any of the Trust personal property in such manner as he deems advisable without being limited as to the kind or amount of any investment; (vii) To incur obligations and to pay, compromise, or adjust all obligations incurred and rights acquired in the administration of the Trust; (vii) To determine whether his receipts shall be accounted for as principal or as income, and as to all obligations paid by him whether the same shall be charged against principal or against income; Gx) To improve any property owned by the Trustee(s); (x) To manage, maintain, repair and restore the Common Land, Roadways, Drainage System, and Subdivision Infrastructure and improvements thereto; (xi) To obtain advise of counsel and to rely thereon, and to employ, appoint and remove such other persons, agents, manigers, officers, brokers, engineers, architects, employees, servants and assistants as he shall deem advisable, and to define their respective duties and fix their pay and compensation; Gil) To do anything and everything else necessary and proper for the sound management and administration of the Common Land and Subdivision Infrastructure and this Trust and to do all such acts and things except as by law or by this Trust may not bs delegated to the Trustee(s) by the Lot Owners. (xili) To execute any and all instruments incidental or necessary to camry out any of the foregoing powers. For the purposes hereof, the term “Subdivision Infrastructure” shall include all infrastructure (including but not’ limited to all Roadways, Street Lighting, Drainage, and Storm Water Management Practices and all improvements made thereto for the benefit of the beneficiaries) that is either 1) located within or serving any Lot located within the area of land shown as “Lot A” on a plan entitled “Comprehensive Permit Subdivision Plan” dated June 22,2004 and record in ed said Registry of Deeds in Plan Book 215 Plan 8 (hereafter the “Subdivision Plan”); 2) any casement area serving said Lot A or Jocated within Maple Ridge Road and serving Lotson said LotA. Furthermore, the Trustand eesshall be responsible, incommon with the Homeowners Association for the properties located on Lot B and Lot C on the Subdivision Plan, for the maintenance of Maple Ridge Road. The Maple Ridge Estates Homeowner Association shall be responsible for 1/3 of any and all costs associated with the maintenance of ‘Maple Ridge Read, MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, FIRST AMENDED DECLARATION OF TRUST Page 6 of 10 ——_-- — Without limiting the generality of the foregoing provisions, maintenance of the Common Roads and Common Land shall includ le, without limitation, snow plowing, landscaping, trash removel/recycling and street lighting. The Trustee(s) of this Trust, in discharging their responsibilities hereunder, shall honor.sai d ive Permit and a Declaration of Covenants and Restrictions and shall enforce the ° testrictions imposed thereby. Section2, Taxes and Municipal Assesaments, The Truste(s) shal pay al real estate taxes and other muni icipal assessments in connection with the ownership, operation and contro of lthe Common Land and improvements thereon, and such taxes and assessments shall be charged ta all the Lat Owners as Common Expenses, Section3. Insurance. The Trustee(s) shall obtain and maintain policies of @ comprehensive public liability and (b) casualty and physical damage insurance, as naming "TRUSTEES of MAPLE RIDGE HOMEOWNERS ASSOCIATION TRUST as Insurance Trustee(s) for the benefit of MAPLE.RIDGE HOMEOWNERS ASSOCIATION TRUST" covering the Common Land and Roadways and Subdivision Infrastructure and all buildings and facilities placed thereon and other insurable improvements made thereto, The cost of obtaining and maintaining such insurance agreements shall be charged to all the Lot Owners as Common Expenses, Bach Lot Owner shall provide that the comprehensive public liabilityon his lot shall cover his Hability resulting from his beneficial interest in the Common Land. - Section 4. Rules and Regulations, ‘The Trustee(s) shall have the rightat any ime and from tim to time e to adopt, amend, and rescind rules and regulations governing the details of Operation and use of the Common Land and/or improvements thereto, These rules and regulations shallbe binding upon all Lot Owsiers and residents of the subdivision, unless and until they shall be modified or rescinded by a vote of the Trustees, or a vote of the Lot Owners at any Annual or Special Meeting of the Lot Owners. ARTICLE VI. APPOINTMENT OF A MANAGER The original Trustee or a majotity of the successor Trustees may recommend to the Lot Owners that a Manager be hired to manage and maintain the Common Land and Improvements and shall, in such recommendation, state the proposed terms of employment and the cost thereof. If appr by oved two thirds (2/3) of Lot Owners voting at any Annual or Special Meeting of the Lot Owners, such Manager shall be hired upon the terms proposed and approved, and the cost of his services shall be charged to all the Lot Owners as a Common Expense. ARTICLE VI. . AssissmMEeNnT FOR COMMON EXPENSES Section. By becoming beneficiaries of this Trust, the owners of Lots I through 52 inclusive agre to payethe Common Expen of ses the Trust, Such Common Expenses shall be assessed against each Lot Owner in proportion to his beneficial interest in the Trust and shall be payable upon demand, or upon such other terms (e.g. payable after thirty (30) days ar in monthly installments) including « provision for reasonable interest on amounts remaining MAPLE RIDGE ESTATES HOMEOWNERS ASSOCIATION, Page 7 of 10 FIRST AMENDED DECLARATION OF TRUST unpaid after thirty (30) days, as may be fiom tite to tine prescribed by the Trustees) Notwithstanding the foregoing or any provtoisiothe contfary, n the Lot Owne of rs any Lots designated as'affordable housing units set forth in the Regulatory Agreement or referred to in the Comprehensive Permit shall be assessed not more than 43% the amount that a market rate unit is assessed in each ease, The Trustec(s) may in its discretion, prior to the commencement of each fiscal year of the Trust, estimate the Common Expenses to be incurred by the Trust during such forthcoming fiscal year and assess each Lot Owneras aforesaifor d such estimated expenses. In the event the actual Common. Expenses incurred by the Trust exceed such estimated expenses, tal assessments may be made by the Trustee(: IN aforesaii |. THA RREMAIN a PORTIO OF A oT OW ING UNPAID TH (30 D/ 'S RE OF AFTE Seu ECO MMO R THE D