Rules & Regulations

The Tyng Village Condominium

Declaration of Trust and By-Laws

Exhibit A

Rules and Regulations

1. Each Unit Owner must maintain and repair his own Unit and appurtenant Limited Common Areas in order to keep them in good order in accordance with the provisions of the Master Deed and Declaration of Trust.

2. Nothing shall be left in, added to, altered, constructed in or removed from the Common Areas and Facilities except with the prior written consent of the Board.

3. Each Unit Owner or resident shall keep his Unit and decks, porches and/or patios, if any, appurtenant thereto in a good state of cleanliness and repair in accordance with the provisions of the Master Deed and Declaration of Trust.

4. Nothing shall be done in any Unit or in, on or to the Common Areas and Facilities or any Limited Common Areas which could impair the structural integrity of the Buildings or which would structurally change the Buildings. Absolutely no work shall be done which woud affect the water tightness or acoustical integrity of any ceiling, flooring or the demising wall between two Units without the prior written consent of the Board.

5. No clothes, clotheslines, sheets, blankets, laundry or any kind of articles shall be hung out of a Unit or exposed on any part of the Common Areas and Facilities.

6. Hanging plants, wind chimes and bird feeders, and like items are permitted on the back side of the unit. Potted and hanging are allowed in the front of the unit. No holes may be drilled into the vinyl siding or trim.

7. The Common Areas and Facilities shall not be obstructed or used for storage without the prior written consent of the Board. The Common Areas and Facilities shall be kept free of all rubbish, debris and other unsightly materials.

8. The Common Areas and Facilities shall not be decorated or furnished by any Unit Owner or resident in any manner without the prior written consent of the Board.

9. In addition to all other prohibited signs, no Unit Owner may place "For Sale" or "For Rent" or other signs on the Common Areas and Facilities nor may any other signs be visible from any Unit. Signs may not be placed in Unit Windows.

10. No yard sales are permitted without prior permission from the Board of Trustees.

11. The Use of the Units, the Common Areas and Facililties and driveways by Unit Owners, as well as the safety and maintenance of all personal property of the Unit Owners and residents kept in such areas and in the Units themselves, shall be the responsibility and at the sole risk of the respective Unit Owners and residents, and neither the Trustees, nor their respective agents, servants, employees, successors or assigns, shall bear any responsibility thereof.

12. Each unit owner or resident assumes responsibility for his own safety and conduct that of his family, guests, agents, servants, employees, licenses and lessees.

13. Any consent or approval given under these rules and regulations may be added to, amended, or repealed at any time by the Board.

14. All unit owners are required to provide the condominium with the name, address and contact person of each mortgage holders for their unit. Failure to do so in a timely manner may result in the Trust securing the information from a “title search”. The cost of completing said title search will be assessed against the unit.

15. No boats, trailers, ATVs, four wheelers, motorhomes of any size, dirt bikes, campus, recreational vehicles are inoperable, unlicensed are unregistered vehicles are permitted on the common areas and facilities are limited common areas storage inside garage is allowed. All garbage and trash must be placed in the proper receptacles designed for refuse collection and no garbage or trash shall be placed elsewhere upon any of the common areas and facilities. Each unit owner or occupant shall dispose of garbage and trash in accordance with the procedure promulgated by the Board and/or the Town of Tyngsborough. Trash barrels and recycling barrels must be stored inside the garage.

16. Furniture, televisions, computers, monitors, hazardous-waste, paint, solvents, oil, mattresses, appliances, etc. are not allowed to be disposed off and special arrangements with the trash hauler must be made by the Unit Owner/resident at their own expense.

17. Exterior parking areas designated as Mr. spaces, if any, or for the occasional use by all unit owners, their guests and visitors, subject to end in accordance with the rules and regulations of the condominium and the approvals. There should be no overnight parking permitted on any of the roadways in the condominium at any time. 

18. Pursuant to M. G. L. c. 183A and By-Laws, the Association may assess fines and attorneys fees against unit owners for violations of the Master Deed, the Declaration of Trust, By-Laws, and Rules and Regulations and these shall constitute a lien against the unit and be the personal liability of the Unit Owner. The Board may establish a fine schedule from time to time.

19. Appropriate seasonal and holiday decorations shall be permitted between December 1st and January 30th of each year no inflatable decorations are allowed.

20. No unit owner shall make, permit or suffered any unreasonably disturbing noises or vibrations by means of a radio, stereo, television, piano or other musical instrument, exercise equipment, or other device or form of technology of any description, or by means of any activity of any description taking place in the unit, or in any other manner, by himself, his family, guests, agents, servants, or employees, nor do, permit or suffer anything by such persons that will unreasonably interfere with the rights, comforts or conveniences of other unit owners or occupants. No radio, stereo, television or other device shall incorporate exterior speakers.

21. Except for areas, if any, designated by the trustees are in the approvals, there should be no storing or parking of carriages, bicycles, wagons, vehicles, trailers, tools, benches, chairs or other items, in any part of the Common Areas and Facilities. No bicycles or toys should be kept in the driveway overnight. No pools of any size may be kept or used on the common or limited common property at any time.

22. The use of barbecue grills at the property shall be in compliance with the regulations and requirements of the town of Tyngsborough and Commonwealth of Massachusetts and all insurance requirements. Any authorized use of grills shall be conducted behind the units and not inside of any unit or garage or on any driveway or roadway. No grills maybe used under any deck, on a deck with a roof, or below an overhang. To use the grill that he stored under the deck, it must be placed out on the grass at least 10 feet from the building and deck. All girls must be fully cooled before being returned to storage area under or next to the deck or balcony. When in use grills should be kept away from the building and railings to prevent damage and put back in their storage location only been completely cooled down.

23. If any key or keys ( or lock combination ) I don't trust by a Unit Owner or occupant or by any number of his family, or by his agent, servant, employee, licensee, lessee or visitor, to a Trustee, or an agent or employee of the Trustee, including without limitation the managing agent of the Condominium, whether for such Unit, garage, automobile trunk, or other item of personal property, the acceptance of the key (or combination) shall be at the sole risk of such Unit owner or occupant, and such trustees, agent, employee, and the trustees shall not be liable for injuries, loss, or damage of any nature whatsoever directly or indirectly resulting therefrom are connected therewith.

24. No unit owner shall permit or suffer the keeping at any time of any flammable combustible or explosive fluid or propane tanks of any size or substance in or on any portion of the condominium (including but not limited to his Unit) except only for such lighting and cleaning fluids as are customary for residential use. No Unit Owner shall permit or suffer the keeping at any time of any flammable, combustible or explosive fluid or substance in any vehicle parked in the parking spaces, except for gasoline or diesel fuel ordinary contain in the fuel tank of such vehicle and such lubricating and other fluids as are ordinarily contained within the vehicle and used in its normal operation.

25. In the event that any time or from time to time the unit owner wishes to perform any work in his unit, other than cosmetic work, the unit owner shall comply with the provision of the trust including, but not limited to, obtaining the consent of the Board as applicable.

26. No drones or other remote control aerial equipment, ties or vehicles shall be used anywhere on the condominium common areas and facilities.

27. Pets shall only be permitted in strict compliance with the provisions of the Master Deed and/or such Rules and Regulations as may be adopted from time to time. Unit Owners may keep in their Units customary household pets (domesticated dogs, cats, fish, birds and other small domesticated mammals) subject to the following conditions and such other reasonable conditions as the Trustee(s) may, by rule and regulation, impose:

    1. No dogs waiting more than 35 pounds shall be kept in any unit or allowed in the common elements.

    2. No dangerous breeds (including but not limited to: Pit Bull Terriers, Staffordshire Terriers, Rottweilers, German Shepherds, Presa Canarios, Chows, Doberman Pinschers, Akitas, Wolf-hybrids, Mastiffs, Cane Corsos, Great Danes, Alaskan Malamutes, Siberian Huskies) shall be kept in any unit or allowed in the Common Elements.

    3. No more than a total of three (3) pets shall be permitted in any single Unit and no more than one (1) dog and/or two (2) cats shall be permitted in any single Unit.

    4. No poultry, livestock, horses, wild animals, feral animals, dangerous animals or exotic animals shall be allowed at the Condominium.

    5. Pet shall not interfere with the quiet enjoyment of the condominium by its residents.

    6. The trustees may exclude a pet, including, but not limited to, exclusion based on the general disposition and noise level of the breed.

    7. Any permitted pet shall not be allowed upon the Common Elements unless restrained by a leash, transport box or cage, and in no event upon the land portion of the Property save for transit there across, except for areas designated therefor.

    8. To preserve the landscape and promote a clean environment for everyone, residents and guests must immediately pick up and properly dispose of all solid waste deposited anywhere on the Common Elements by their pet.

    9. Pets are not allowed to urinate or defecate on any deck or patio.

Each Unit Owner keeping such a pet or pets who violates any of the above conditions or permits any damage to or soiling of any of the Common Elements or permits any nuisance or unreasonable disturbance or noise shall: be assessed by the Trustee(s) for the cost of the repair of such damage or cleaning or elimination.

28. Notwithstanding any provision of the Master Deed, Declaration of Trust, By-Laws and/or Rules and Regulations of the Association, the following Rules and Regulations regarding satellite dishes and antenna restrictions shall take precedent over the same:

    1. Reception Antenna means an antenna, satellite dish, or other structure used to receive video programming services intended for reception in the viewing area. Examples of video programming services include direct broadcast satellite services, multipoint distribution services, and television broadcast signals. The mast supporting the reception antenna, cabling, supports, guide wires, conduits, wiring, fasteners, bolts or other accessories for the Reception Antenna or similar structure is part of the Reception Antenna. A Reception Antenna that has limited transmission capability designed for the viewer to select or use video programming is a reception antenna provided that it needs Federal Communications Commission (“FCC”) standards for radio frequency radiation. Structure similar to reception antennas are any structure, device, or equipment that is similar in size, weight and appearance to Reception Antennas.

    2. Transmission antennas mean any antenna, satellite dish or structure used to transmit radio, television, cellular, or other signals other than reception antennas. Transmission antennas are prohibited.

    3. No resident shall install a Reception Antenna on any portion of the Common Areas and Facilities unless the area is an exclusive use area pursuant to the provisions of the Master Deed creating the condominium.

    4. A Reception antenna shall not encroach on the airspace of another Owner’s unit are onto the general common areas and facilities. Rather, the Reception Antenna must be kept within the boundary of the Exclusive Use Areas.

    5. For purposes of this rule, residents shall include owners, tenants, and/or lessees of Units in the Condominium Association.

    6. If a Reception Antenna is installed in Exclusive Use Area as defined in the Master Deed, such installation shall be subject to the following:

       1. Reception Antenna shall be no larger than necessary for the reception of an acceptable quality signal, provided that under no circumstances should the Reception Antennas for direct broadcast satellite dishes be larger than 1 m in diameter.

       2. Reception Antennas must be placed in areas that are shielded from view from outside the project or from other units to the extent possible; provided that nothing in this rule shall require a Reception Antenna to be placed where it precludes reception of an acceptable quality signal unless no acceptable reception is available in any Exclusive Use Area. In no event may antennas be installed on roofs, lawns or other common areas and Facilities. Residents must first attempt to install the Antennas within the Units. If an acceptable signal is not possible, residents must next attempt to install the antenna on their Exclusive Use Areas, as a second choice. Connections of wiring must be through a part of the building nearest the installation that is defined in the Master Deed as being part of the unit, such as the frame or the glass of the nearest window or sliding glass door of the Unit, and may not be connected through general Common Areas and Facilities, such as building walls. All wiring shall be run so as to be as inconspicuous as possible. If a resident wishes to run wiring through Common Areas and Facilities such as an exterior wall this must be in strict compliance with standards established by the Board to ensure the structural and watertight integrity of the Condominium.

       3. Reception Antennas and similar structures shall not be placed in areas where it blocks fire exits, walkways, ingress or egress from an area, including a Unit, fire lanes, fire hoses, fire extinguishers, safety equipment, electrical panels, or other areas necessary for the safe operation of the condominium. The purpose of this rule is to permit evacuation of the units and project and to provide clear access for emergency personnel.

       4. The Board may require Reception Antennas placed outside the building painted to match, or be compatible with, the color of the building. If they do so they will publish a list of acceptable colors. Such painting will not be required if it interferes with reception. In addition, the Board may require a resident to install and maintain inexpensive screens or plants to shield the Reception Antenna from view consistent with the requirements of Federal Communications Commission rules.

       5. Any resident installing, maintaining, or using a Reception Antenna shall do so in such a way that it does not materially damage the general common Areas and Facilities or the Units, void any warranties of the Association or other owners, or impair the water tight integrity of the buildings.

       6. The residents who own or use the Reception Antenna are responsible for all costs associated with the Reception Antenna including, but not limited to, costs to (1) repair, maintain, remove and replace the Reception Antenna; (2) repair damages to the Common Areas and Facilities, the Unit, other Units, and other property caused by the installation, existence, or use of the Reception Antenna; (3) pay for medical expenses incurred by persons injured by installation, existence, or use of the Reception Antenna; and (4) reimburse residence after association for damages cost by the installation, existence, our use of the reception antenna. If the installation is made by a contractor, evidence of insurance of the installation in satisfactory kinds and amounts shall be provided to the Association prior to the commencement of work, naming the Association as an additional named insured, all as set forth in exhibit attached hereto and incorporated herewith.

       7. Due to safety concerns relating to the falling of structures, all Reception Antennas shall be securely attached to the ground or building. Otherwise, Reception Antennas shall be attached to a pole which is mounted in a weighted base of sufficient weight to prevent falling under anticipatable conditions. If a resident decides to attach a Reception Antenna to a wall, railing, fence, partition or other element which is part of the Common Areas and Facilities and abuts/adjoins the Exclusive Use Area where the Reception Antenna is to be placed, they must first obtain permission from the Board upon terms which ensure the structural and watertight integrity of the Condominium or adhere to standards published by the Board of this purpose, if such has been established.

       8. To the fullest extent permitted by the law, residents shall indemnify and hold harmless the Board, the Board’s representatives, consultants, agents, attorneys and employees, unit owners, tenants, guests, and invitees, or any of them, from and against claims, damages, losses and expenses, including, but not limited to, reasonable attorney’s fees arising out of or resulting from the installation of any Reception Antenna contemplated hereunder.

       9. Notwithstanding any provision hereunder, the Board shall report, upon compliance by the resident of this rule, the installation of any Reception Antenna to the Master Insurance Policy. Said resident shall thereafter be responsible for any increases in the insurance premiums as a result of any installation contemplated hereunder, and agrees to remit to the Trustees any monies due and owing as a result thereof within thirty (30) days of being assessed the same. Further, notwithstanding the provisions of the Condominium documents, the cost in excess of available insurance proceeds of repairing or restoring any damage to the Common Areas and Facilities or to any Unit which is caused by any work contemplated hereunder by the resident shall be charged solely to the resident.

       10. Residence shall not permit the Reception Antenna to fall into disrepair or to become a safety hazard.

       11. In the event of violation of these rules, the Association may bring an action for declaratory relief with the Federal Communications Commission (“FCC”) or any court having jurisdiction over the matter. If, for any reason, the FCC or Court determines that there has been a violation, a fine equivalent to the maximum allowed under the Condominium documents shall be imposed. Notwithstanding the same, no attorney’s fees shall be collected or assessed and no fines or other penalties shall accrue while the proceeding is pending to determine the validity of any restrictions. The resident shall have a period of twenty one (21) days in which to comply with any adverse ruling by the FCC or court, and during such period, neither a fine nor penalty maybe collected, unless the Trustees demonstrate in the above proceeding which resulted in an adverse ruling to the resident, that the resident’s claim and the proceeding was frivolous.

       12. Transmission Antennas other than expressly authorized hereunder are prohibited.

       13. A resident installing a Reception Antenna shall promptly notify the Board thereof by use of the form attached to these rules. If the work is to be performed by a licensed and insured contractor, said contractor shall provide detailed plans and specifications. Each said party shall provide the plans and specifications to the Association within seven (7) days of completion of the above installation, along with the form attached hereto.

       14. The resident is responsible for the immediate removal of the Reception Antenna if it must be removed for the repair, painting or maintenance of the area where it is installed. The Board shall attempt to provide reasonable notice of the need for such a removal. If a resident fails to timely remove the Reception Antenna the board may do so at the resident’s expense.

       15. The board may prohibit the installation of individual antennas when the Association installs a central antenna which provides residents with the same service that individuals would request, as long as the signal quality received by the central antenna is at least as good as that received by an individual antenna, and that further, the cost of the central antenna to the individual resident, including the share of installation costs and subscriber’s fees is not greater than the cost of the individual antenna installation, maintenance and use, and the requirement to use the central antenna does not unreasonably delay the reception of video programming. In the event that there are individual antennas installed prior to the installation of the central antenna system, the Board shall have the right to require the removal of said individual antenna, so long as the Board compensates the resident for the installation of the same. Notwithstanding the above, the resident shall be required to pay to the board a cost determined by the board to be said unit owner’s and or resident’s share of the installation costs and subscribers fees, so long as the same are not greater than the cost of the individual antenna installation, maintenance, and use.

       16. If any of these provisions are found to be invalid, the reminder of these Rules shall remain in full force and effect.

29. These Rules and Regulations maybe amended from time to time as provided for in the Trust. The Board shall have authority to enforce these regulations through the use of fines, legal action, etc.