Loading...
Condo Docs for B-20-1233 (bathroom) Unit 1 From: Matt Johnson <mjohnson@,fenigeranduliasz.com> Sent: Friday, August 14, 2020 11:01 AM To: Richard Wise <rlw@wiseadvice.biz> Subject: RE: Meeting with the General Contractor Happy Friday,to you, I have received confirmation from the Trustees that your clients' bathroom modification project as submitted is approved. Would you kindly notify your clients and/or the contractors to provide copies of all permits to the trustees, and would you kindly forward the signed indem agreement to my attention at your earliest convenience? Thanks you Richard, have a great weekend. Matt Original Message From: Richard Wise [mailto:rlw@wiseadvice.biz] Sent: Friday, August 14, 2020 11:39 AM To: 'Bob Shea Morning Glory (bshea@morningglorybb.com)' Subject: FW: Meeting with the General Contractor Done! ( 3 ' 3 Bob Shea From: Bob Shea [bshea@morningglorybb.com] Sent: Monday, October 19, 2020 12:56 PM To: 'trustees@tuckermathews.com' Subject: permit Attachments: permit.pdf; approval.pdf Dear Trustees, Please find Article V Section 5.11 (attached). Please read exactly what the condo documents say about permits. According to the Declaration of Trust, obtaining permits on behalf of Unit Owners, is the responsibility of the Trustees and must be "executed by the Trustees only." Trustees are supposed to get all permits for the addition, alteration or improvement of any Unit. There is nothing in our condo documents stating that Trustees must review or sign any permit, nor is any such demand in the approval letter we received from your attorney Matt Johnson (see attached). Matt Johnson: "Would you kindly notify your client and/or the contractors to provide all permits to the Trustees. Furthermore, Mary Zappas gave verbal approval to our contractor, Frank Raffa Construction, for him (not the Trustees) to pull the permit. We agreed to provide the Trustees with a copy and will do so. Best regards, Bob Morning Glory Bed & Breakfast 22 Hardy Street Salem, MA 01970 C: 978.335.1446 http://www.morningglorybb.com O . Section 5 .11 . Additions, Alteration or Improvements by Unit Owners Except as otherwise specifically provided, no Unit Owner shall make any structural addition, alteration or improvement in or to his Unit or to any area as to which he has an exclusive easement , without the prior written consent thereto of the Trustees . The Trustees shall have the obligation to answer any written request by a Unit Owner for approval of a proposed structural addition, alteration or improvement, within thirty ( 30) days after receipt of the request, and failure to do so within the stipulated time shall constitute a consent by the Trustees to the proposed addition, alteration or improvement. Any application to any department of the Town of Needham or to any other governmental authority for a permit to make an addition , alteration or improvement in or to any Unit shall he * any executed by the Trustees only; provided , however, that the Trustees , in their capacity as Trustees , shall not thereby incur any liability to any contractor, subcontractor or rn terialman on account of such addition , alteration or improvement or to any person having any claim for injury to person or damage to property arising therefrom. Any such approved addition, alteration or improvement shall be made in conformity with all applicable laws, ordinances, codes , rules, regulations and orders of any authority having jurisdiction thereover. Nothing in this Section shall prevent a Unit Owner from painting and decorating the interior surfaces of the walls , ceilings and floors of his Unit , including installing cabinetry or closets or hanging decorations therein so long as the same does not constitute a structural addition, alteration, or improvement , does not affect the acoustical integrity of the Unit, interfere unreasonably with the quiet enjoyment of other Units or violate any applicable restriction contained in this Declaration of Trust , the Master Deed, the Rules and Regulations or a Unit Deed . The provisions of this Section shall not limit Sponsor' s rights , as described in Subsection 8 ( b) of the Master Deed . Section 5 .12 . Title . Title to Units may be taken in the name of no more than two ( 2 ) natural persons or in the name of a fiduciary, corporation or partnership. Section 5 . 13 . Right of Access . A Unit Owner shall grant a right of access to his Unit to the Trustees , manage, managing agent and any other person authorized by the Trustees, the manager or the managing agent , for the purpose of making inspections , for the purpose of correcting any conditions originating in his Unit and threatening another Unit or a Common Element, or for the purpose of performing installations , alterations, repairs or replacements to the Common Elements in his Unit or elsewhere in the Buildings or on the Land. In the event of the exercise of the rights of access provided in this Section, any costs for repairs shall be borne . in accordance with the provisions of Section 5 .9 18 YL3