FAR HILLS ASSOCIATION, INC. RULES
FORWARD: In order for a private association of property owners to function for the maximum benefit to all members, of necessity, certain rules and regulations have been set up and enforced. These rules are intended to protect Association property, to preserve our beautiful lake and surroundings, and to maintain Sunset Lake as the finest residential and recreational area in New England.
As the Far Hills Association (“the Association”) has grown and the lake became more crowded, we have prohibited water sport activities such as water skiing and tubing from Sunset to 9AM. This is done to protect the safety of the participants in a manner fair and equitable to all concerned. Rules are posted in appropriate areas and must be considered as part of these regulations.
Therefore, pursuant to Article V of the By-Laws, the following rules and regulations have been established and members are asked to cooperate in enforcing them for the benefit of all.
Bylaws and Covenants are detailed in separate documents, “Far Hills Association Bylaws”, and “Far Hills Association Covenants and Restrictions.”
MEMBERS and GUESTS: Use of all Association beaches, picnic areas, boat ramps, lake and other Association property is limited to Association members in good standing and their guests. Refer to Association Bylaws Article 1 for definition of Membership status. Defaulted Members are not allowed usage of common land or use of Sunset Lake.
Two membership cards will be issued to each member when dues are paid in full. Guest/group of guests must have a valid membership card in their possession or be with a member when using FHA properties, including while accessing the lake. All members are responsible for the conduct of their guests and are required to reimburse the Association for any damage to Association property. Members are responsible for the safety of their guests. Special permits are required for groups of more than 25 guests using Association beaches, picnic areas, boat ramps, the lake, and other Association Common Property. Notify the Social Director at social@farhillsassociation.com.
MEMBER CONDUCT: Members and guests are expected to not use offensive language, and to be courteous, and respect others. Only the legal use of alcohol beverages is allowed when using Association facilities. Offensive behavior will not be tolerated. No glass containers are allowed on any FHA property, with the exception of private events approved by BOD.
WATERFRONT HOME INCLUSION: Lake, beach, and facilities access is granted, via a yearly pass, to owners of non-FHA waterfront properties that were part of the Bisbee transaction for a yearly fee of 25% of the current FHA landowner’s dues.
Waterfront properties include the following: 199 Tuckerman Road 173 Tuckerman Road 171 Tuckerman Road 32 Bluefield Road
BOATING: All rules and regulations of the Commonwealth of Massachusetts governing motor boats and their use apply to Sunset Lake. In addition, the following rules shall be enforced:
1. Reasonable and safe speeds must be maintained when passing small pleasure craft. Headway speed (no wake) must be maintained in small coves, in coves marked as “No Wake Zones”, or within 150 ft of the shoreline.
2. No houseboats are permitted.
3. Motorboats on Sunset Lake shall be restricted as follows:
4. Motorboats on Sunset Lake shall be limited to the use of not larger than Class A Boats (U. S. Coast Guard definition: 18 feet or less in length), with the exception of Pontoon Boats which can have a maximum length of 24 feet.
5. Boats are to be restricted to a 90 Horsepower motor or less. No modifications to engine power rating, no changing manufacturers’ specifications, will be permitted.
6. The Board of Directors shall not issue variances for more than 90 Horsepower.
7. No boat shall carry a motor exceeding manufacturer's specification.
8. Boat speed shall not exceed 30 mph. Any Member of the Association may request compliance.
9. No boating shall exceed 6 mph between ½ hour after sunset and 9 AM
10. All Member motorboats shall carry a Sunset Lake boating sticker. All boaters are required to follow Massachusetts boating rules & laws and are responsible for having the required safety equipment on their boats. Boat stickers shall be located on the right (Starboard) rear of the boat.
11. Water skiers, boarders, and inflatable towed device users must have a competent observer. Skiers must keep 150 ft. from shore; no exceptions when taking off and returning. Do not leave skier(s) unattended in lake.
12. Power boats, as well as tubers and skiers being towed by power boats, must not interfere with non-powered craft: sailboats, canoes, kayaks, etc. Also, power boats must not interfere with other power boats engaging in water sports, such as tubing and skiing.
13. Short term renters (30 days or less) are prohibited from putting motorboats in Sunset Lake.
14. Because of safety considerations for Association members, the following are excluded from use on Sunset Lake: individual boats designed for speed, including but not limited to, hydroplanes, jet-skis, personal watercraft, water jet boats, water cycle.
15. Whenever possible, travel in a counter-clockwise direction. Do not indulge in "Cowboy" activities in an area with other boating activities.
16. If any boat or trailer has been in another body of water, then the responsible FHA member must clean and decontaminate both the boat and trailer as per method A or B in the Boat & Trailer Decontamination Document prior to launching into Sunset Lake.
17. Boat launch keys are limited to one per household.
WINTER RULES:
1. All persons using the frozen lake do so at their own risk.
2. All vehicles driven on ice and Association roads and property must be operated responsibly. All state and federal rules and regulations apply regarding registration, minimum operator ages, operator certifications, licenses, accident reporting, etc. No reckless spinning, sliding, or racing is allowed, and all must yield right of way to unpowered vehicles and pedestrians.
3. No littering or polluting of ice permitted:
a. No wood, partially burned wood, ash, or debris can be left on ice; b. No bottles, cans, trash, animal waste, etc. can be left on ice.
4. No cleared ice skating/hockey rink areas allowed beyond 150 feet from shore.
5. No exposed fishing holes should be left in ice (fill them with ice chips/snow), nor should piles of ice chips from drilled holes be left on ice (smooth them out).
6. All other FHA rules, including FISHING, apply in the winter.
REMINDER: Courtesy, safety and common sense are the best guides to maintaining a safe lake.
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In addition to the Association boating rules, we are obligated to comply with the state laws that govern the ownership, registration, and operation of power boats on all inland waters of the Commonwealth.
All members and their guests have a civic duty to recognize and comply with these laws. Once again, you are respectfully reminded of this duty. A brief reference to the applicable laws is outlined as follows, and any further detail can be obtained from the public libraries:
Massachusetts General Law- Chapter 90B:(323 CMR.200 c.f.)
90:2 - references identification numbering
90:3 - references registration certification and numbering
90B:4A - references altering and forging of identification numbers
90B:4B - references the removal or defacing the I. D. number of a motorboat, motor or engine inclusive of rating.
(The above sections have specific penalties applicable to any violations thereof.)
90B:5 - references the class of motorboats, stipulating required lighting, signaling, fire extinguishing and control devices.
90B:8 - references the reckless operation of a motorboat or at a speed that endangers the lives and safety of the public.
90B:8.(e) - references the reckless operation of a motorboat at a speed “upon any waterway to which members of the public have access as invitees or licensees.”
LONG DISTANCE SWIMMING: Swimmers must be accompanied by a boat or have a high visibility flotation device when swimming farther than 75 feet from shore.
DOCKING & MOORING: Moorings, rafts and floats which are anchored or otherwise extend into the lake may not be erected or put down except by permit issued by the Board of Directors or their designated agent. Docking of boats on Association property is permitted in designated areas only.
FISHING: Sunset Lake has been licensed by the state as a Propagated Lake. This means a Massachusetts State Fishing License may not be required. All people fishing must have a valid member card in their possession. Rules and Regulations of the State of Massachusetts Fish and Game Division apply. Bass fishing is catch-and-release only. No organized fishing event may be held without Board approval.
CAMPING OUT: No vacant lot, or combination of vacant lots may be used as a campground or as a privately organized camp. No house trailers, mobile homes, tents or similar structures can be installed on properties without a permanent house without the permission of the Far Hills Association Board of Directors. The Board of Directors may grant a permit for a period of up to 6 months for the purpose of lot clearance and/or building an approved habitable structure. All health and sanitary requirements must be maintained.
HUNTING: No Hunting will be allowed within the Association.
PETS: No pets are allowed on Association beaches at any time of the year, with the exception of service dogs.
ASSOCIATION PRIVATE ROADWAYS: Use of private roadways is defined as "Private with public access." A maximum speed limit of 20 miles per hour is established for all Association roadways. In dangerous areas, roads will be posted with lower speed limits, as necessary. MA state law prohibits the operation of unregistered motor vehicles, such as minibikes, go-carts, ATV's, trail bikes.
CULVERTS: If any change or improvement to a member’s property causes disruption to the street drainage system, it is the responsibility of the member to restore the drainage system to its pre-change condition and functionality; for instance, if a new driveway (temporary or permanent) obstructs the normal water flow along the street, then the member must install a culvert under the driveway to maintain the proper drainage. It is the responsibility of the member to maintain any such restoration in proper operating condition (in this instance, the culvert).
VEGETATION & TREE REMOVAL POLICY
: Effective 5/19/21 All tree cutting and “vista pruning” activities within 100 feet of the lake or any other regulated wetland, or 200 feet from any perennial tributary to the lake (Bluefield Brook, Bear Meadow Brook, Estes Brook, and Harris Brook) are subject to review and approval by the Ashburnham or Winchendon Conservation Commission. Members seeking approval to cut or prune trees in areas subject to Massachusetts Wetland Protection Act jurisdiction must provide the Association with a copy of all applications and other correspondence with the Conservation Commission prior to any agency hearing or decision on the request, as well as a copy of the final approval, prior to any cutting activity. All cutting of trees with a diameter greater than 4 inches, measured at 1-foot above grade within 10 feet of any Far Hills Association road must be approved in advance by the Board of Directors or their designee
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PARKING: Parking of cars on Association roadways by members or their guests that obstructs traffic, creates unsafe passage, damages the roadway, or hinders the passage of emergency vehicles or snow plowing is prohibited. Overnight parking at FHA beaches and properties is not allowed and subject to towing at the expense of the owner.
CONTRACTORS: Members are responsible for any damage to Association Property or violations of rules and regulations caused by contractors hired by such member.
RENTERS: The owner is responsible for any damage to Association property, violations of rules and regulations, and is responsible for renters and renter's guests conduct. Members are responsible for the safety of their renters. A current Member card must be in the possession of the renter.
SOCIAL EVENTS/WORKDAYS: No alcoholic beverages will be supplied by Far Hills Association. Refer to Far Hills Association website for the calendar of scheduled social events and workdays.
VENDING OF GOODS AND SERVICES: Solicitation by individuals in any form will not be allowed in the area, except by special permit issued by the Board of Directors. Permits for FHA common properties may be requested for family-oriented activities, such as support of Scouts, youth sports teams, etc.
REMINDER: Courtesy, safety and common sense are the best guides to a safe lake.
WATER VALVE (EXTERIOR AT HOMEOWNERS PROPERTY): No member is allowed to turn on or off water service at the exterior valve. This is ONLY to be performed by the Far Hills Water Director (or other FHA appointed member). If a member violates this rule and damages the valve and creates a running water issue, a minimum fine of $150.00 will be charged (depending on amount of loss of water, a higher fine may be calculated), and any repair costs will be the responsibility of the member.
WATER USE: Drinking water provided by the Far Hills Association water distribution system is for ordinary residential use only, including, but not limited to, normal household use, lawn and garden watering, topping-off swimming pools, hobbies, and maintenance activities such as power washing. All commercial use of water, other than for construction or maintenance at an FHA property or otherwise approved by the Board of Directors, is prohibited. All households must comply with any town restrictions on water use.
COMMUNITY INFORMATION
MUNICIPAL DOG CONTROL LAW: Town By-Laws of the Towns of Ashburnham and Winchendon. No owner or keeper of a dog shall permit such dog, whether licensed or unlicensed, to run at large within the towns, except that a dog may, for the purpose of sporting events. Dogs may be taken from the owner's premises provided that such dogs are on a leash or under the control of the owner or keeper. For further information, please see the respective town bylaws.
UNREGISTERED MOTOR VEHICLES: By-Laws of the Town of Ashburnham and the Town of Winchendon prohibit outdoor storage of unregistered vehicle or parts from such a vehicle. Refer to the respective town bylaws.
OPEN FIRES: Massachusetts state law prohibits outdoor burning except by permit from Ashburnham Fire Department.
HYDRANTS: For your safety, please help keep clean and clear all fire hydrants, especially snow removal during the winter months.
RUBBISH COLLECTION: Contact the towns of Ashburnham or Winchendon for schedule and restrictions of rubbish collection and recycling.
NEW DEVELOPMENTS: From time to time as necessary, the Board of Directors may issue additional rules which will be posted in the semi-annual "Sunset Lake Newsletter" and distributed via our website at farhillsassociation.com
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HISTORY OF RULE CHANGES
FISHING SUNSET LAKE (addition to) A catch and release policy on largemouth bass was passed effective immediately. (August 3, 1991)
BOATING Section B #5 (addition to) All boats belonging to members must have lot number sticker located at the right rear section of their boat. Stickers must be the same size and color as the boat registration number. (Sept. 1996)
BOATING Paragraph #1 replaced “Class A - 16 feet” limit with “18 feet nominal” limit. (August 13, 2005)
BOATING Paragraphs #2 & 3 by replacing “70 horsepower” limit with “90 horsepower” limit. (August 13, 2005)
BOATING Section B #5 (replaced in full) – Old verbiage “All boats belonging to members must have lot number stickers located on the right rear section of their boat. Stickers to be the same size and color as the boat Registration number. All boats shall be inspected annually by a representative of the Board of Directors and shall carry a Sunset Lake sticker if approved. Items to be inspected include safety equipment, lot number stickers and motor ID TAGS. (Motors without a tag or tags that have been tampered with will not be accepted.) Once approved a Sunset Lake Boating Sticker will be placed under the lot number sticker on the right rear section of the boat.” (October 18, 2017)
BOATING: added #18, cleaning boat (Jan 2019)
SHORT TERM RENTERS rule added: “Short term renters (30 days or less) are prohibited from putting motor boats in Sunset Lake.” (July 18, 2018)
WATER VALVE RULE (Jan 2019)
PETS: added “with the exception of service dogs.” (Feb 2021)
MEMBERS AND GUESTS: changed from “Members and guests are expected to: use proper language, be courteous, and respect others” to “Members and guests are expected to not use offensive language, and to be courteous, and respect others.” (Feb 2021)
PARKING: added “Overnight parking at FHA beaches and properties is not allowed and subject to towing at the expense of the owner.” (Feb 2021)
VENDING OF GOODS AND SERVICES: added “Permits for FHA common properties may be requested for family-oriented activities, such as support of Scouts, youth sports teams, etc.” (Feb 2021)
CULVERTS: New section added with new rule. (Mar 2021)
BOATING: #9 and #10 changed from “Regular boating is permitted from 9 AM to ½ hour after sunset. Boating at 6 mph or less is permitted anytime for purpose of fishing, etc.” to (now #9) “No boating shall exceed 6 mph between ½ hour after sunset and 9am.” (Mar 2021)
BOATING: #5 changed from “Such boats are to be restricted to 90 Horsepower or less. The absolute maximum engine power allowed on a boat is 90 hp. There will be no exceptions.” to “Boats are to be restricted to a 90 Horsepower motor or less.” (Mar 2021)
MEMBERS and GUESTS: changed from “Guest/group of guests must have the valid membership card in their possession when using FHA properties” to “Guest/group of guests must have a valid membership card in their possession or be with a member when using FHA properties, including while accessing the lake.” (Mar 2021)
PARKING: changed from “Parking of cars on Association roadways by members and their guests will be allowed so long as there is no obstruction of traffic, damage to the roadway or hindrance to the passage of emergency vehicles or snow plowing.” to “Parking of cars on Association roadways by members or their guests that obstructs traffic, creates unsafe passage, damages the roadway, or hinders the passage of emergency vehicles or snow plowing is prohibited.” (Mar 2021)
LONG DISTANCE SWIMMING: added “when swimming farther than 75 feet from shore.” (Mar 2021)
CAMPING OUT: changed from “Tenting, campers, etc. Allowed only per permit issued by the Board of Directors or their designated Agent. Such permits will be issued for specified short periods of time only for the purpose of lot clearance or building. Health and sanitary requirements must be complied with.” to “No vacant lot, or combination of vacant lots may be used as a campground or as a privately organized camp. No house trailers, mobile homes, tents or similar structures can be installed on properties without a permanent house without the permission of the Far Hills Association Board of Directors. The Board of Directors may grant a permit for a period of up to 6 months for the purpose of lot clearance and/or building an approved habitable structure. All health and sanitary requirements must be maintained.” (Apr 2021)
FORWARD: paragraph #2 changed from “becomes more crowded, it is necessary to set aside certain hours or areas for some activities such as water skiing or sail boating.” to “became more crowded, we have prohibited water sport activities such as water skiing and tubing from Sunset to 9AM.” (Apr 2021)
MEMBERS and GUESTS: changed from “Special permits are necessary for groups of more than 25 guests using Association beaches picnic areas, boat ramps, lake and other Association property.” to “Special permits are required for groups of more than 25 guests using Association beaches, picnic areas, boat ramps, the lake, and other Association Common Property.” (Apr 2021)
BOATING: #11 (now #10) removed “Sticker will include owner’s lot number.” (Apr 2021)
BOATING: #12 (now #11) removed “Skiing in coves is restricted to exit from and return to owner's property.” (Apr 2021)
BOATING: #14 changed from “Do not interfere with non-powered craft (sailboats, canoes, etc.)” to #12 “Power boats, as well as tubers and skiers being towed by power boats, must not interfere with non-powered craft: sailboats, canoes, kayaks, etc. Also, power boats must not interfere with other power boats engaging in water sports, such as tubing and skiing.” (Apr 2021)
BOATING: #18 changed from “When putting any boat into the lake, it must be cleaned prior to entry if the boat was in a different body of water. Certain invasive species of plants can attached themselves and cause irreparable harm to the lake.” to #16 “If any boat or trailer has been in another body of water, then the responsible FHA member must clean and decontaminate both the boat and trailer as per method A or B in the Boat & Trailer Decontamination Document prior to launching into Sunset Lake.” (Apr 2021)
BOATING: new rule added “Boat launch keys are limited to one per household.” (Apr 2021)
FISHING: added “No public fishing derby may be held without BOD approval.” (Apr 2021)
BOATING: #12/13 changed from “Skiers must keep 150 ft. from shore. Do not leave skier(s) unattended in lake. No water skiing off Ripple Beach or Lollipop Beach.” to #11 “Skiers must keep 150 ft. from shore; no exceptions when taking off and returning. Do not leave skier(s) unattended in lake.” (May 2021)
MEMBER CONDUCT: added “No glass containers are allowed on any FHA property, with the exception of private events approved by BOD.” (July 2021)
WINTER RULES: added (June 2022)
COVER PAGE: Added “Supermajority” vote, which requires 6 of 9 Directors to vote in the affirmative to change a rule (previous was 5 of 9).
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WATERFRONT HOME INCLUSION: Added Lake, beach, and facilities access is granted, via a yearly pass, to owners of non-FHA waterfront properties that were part of the Bisbee transaction for a yearly fee of 25% of the current FHA landowner’s dues. Waterfront properties include the following:
199 Tuckerman Road, 173 Tuckerman Road,171 Tuckerman Road, 32 Bluefield Road. (April 2024) VEGETATION & TREE REMOVAL POLICY: Effective 5/19/21 added (April 2024)
WATER USE: added (April 2024)
Reprinted with minor spelling, and punctuation corrections, and changes in 2017, 2018, 2019, 2021, 2024 © 1999, © 2002, © 2003, © 2004, © 2005 © 2018 © 2019 © 2021 © 2024
Published by: Far Hills Association, Inc., 13 Blueberry Road Ashburnham, MA 01430-0136
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ARTICLE I - DEFINITIONS
“Annual Membership Dues” shall mean the allocable portion of the total cost to maintain the Common Land and to administer the Association, as voted each year under the budget presented at the Annual Budget Meeting as defined in the By-Laws Article IV. Annual membership dues pay for without limitation, costs for water and maintenance of the water distribution system serving the Far Hills Subdivision, insurance, roadway and general maintenance, security, social activities, taxes, administration of the Association, and cost associated with the maintenance of Sunset Lake.
“Assessment(s)” means cost for capital improvements or repairs to the water distribution system and roadways, clubhouse, garage, beaches, boat launches and the like, as voted by the Association.
"Association" shall mean the Far Hills Association, Inc., a Massachusetts corporation formed for the purpose of providing and fostering the social and civic welfare of the residents and owners of the real estate including Sunset Lake and surrounding land comprising the Far Hills Subdivision (which may hereafter be referred to as the “development” or “subdivision”) in Ashburnham and Winchendon, shown on plans recorded in the Worcester Northern Registry of Deeds at Plan Book 122 Page 8, Plan Book 123 Page 19, Plan Book 126 Page 2, Plan Book 126 Page 3, Plan Book 126 Page 4, Plan Book 130 Page 15, Plan Book 131 Page 11, Plan Book 134 Page 4, Plan Book 134 Page 24, Plan Book 137 Page 14, Plan Book 137 Page 15, Plan Book 138 Page 3, Plan Book 138 Page 6, and Plan Book 189 Page 22 and recorded with the Worcester Southern Registry of Deeds at Plan Book 304, Plan 23 (hereafter “the Plans”).
"By-laws" shall mean and refer to the rules adopted by vote of the Assented Members of the Association for the regulation of the Association’s affairs as may be amended from time to time.
"Common Land" shall mean all water rights in Sunset Lake together with lands lying beneath Sunset Lake; all roads, easements and rights of way to which the Far Hills Association, Inc has right title or interest; all water distribution lines within the development owned by the Far Hills Association, Inc. and all property listed in Article V.8.d in the Covenants.
“Covenants and Restrictions” or “Declaration” shall mean the Declaration of Covenants and Restrictions for the Far Hills Subdivision clarifying certain perpetual rights, obligations and easements set forth in these By-laws, votes and resolutions of Far Hills Association, Inc.
“Director” shall mean a member of the Far Hills Association Board of Directors.
“Fees” shall mean the charges required for services to be performed or delivered as voted by the Board of Directors.
“GoodStanding”shall mean that an Owner who is not in arrears for payment of Annual Membership Dues, Assessments and/or Fees and is in compliance with these By-laws, the Covenants, and Rules An owner is not in good standing if he/she does not comply with the rulings of the Board of Directors.
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BY-LAWS OF THE FAR HILLS ASSOCIATION INC.
"Lot" or "Lots" shall mean and refer to the lots within the subdivision as shown on the Plans.
“Member” shall mean the Owner, whether one or more persons or entities, holding fee simple to a Lot. A Member shall not include a mortgagee, unless the right of redemption has been foreclosed pursuant to a valid foreclosure and the lender in possession is a natural person or a nominee trust or estate planning trust, and shall not include the holder of a real estate tax title unless the right of redemption has been foreclosed pursuant to a valid order of the Land Court and the holder is a natural person or a nominee trust or estate planning trust. Membership in the Association shall terminate upon sale or transfer of property upon which membership is based.
“Owner” shall mean the grantee or grantees named on the most recent recorded deed of a Lot in Far Hills Subdivision. Each Owner is a shareholder in the Association.
“Rules and Regulations” shall mean rules adopted by the Board of Directors for the governing of the Membership.
“Shareholder” shall mean a member of the Far Hills Association, Inc. as defined in the Articles of Organization.
"Sunset Lake Development Corp." means the original developer of the Far Hills subdivision.
ARTICLE II – MEMBERSHIP
SECTION A. Entitlement to Membership
The Members shall be all Owners of property in the Far Hills Subdivision at Sunset Lake, such property having been acquired from Sunset Lake Development Corporation, its successors or assigns, by deed recorded with the appropriate Registry of Deeds, and property owners who have purchased property or become owners of property by other conveyances from any previous Association members of record.
For notice purposes, all Owners shall provide a current street mailing address and an electronic mail address, if any, to the Board of Directors, at least thirty days prior to the Annual Meeting.
SECTION B. Membership Status
Assented Member: shall mean an Owner in good standing as defined herein who has executed an “Assent to the Covenants and Restriction” (hereafter “Assent”) in the form attached hereto in Appendix 1. An Assented Member is afforded all voting rights under these By-laws and retains full use of the common areas of the Far Hills Subdivision
Non-Assented Member: shall mean an Owner in good standing as defined herein who has not executed an Assent. A Non-Assented Member is afforded no voting rights under these By-laws, but shall have full use of the common areas of the Far Hills Subdivision.
Defaulted Member: shall mean an Owner who is not in good standing as defined herein. A Defaulted Member has no right to vote under these By-laws, nor any right to use the common areas of the Far Hills Subdivision.
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SECTION C. Termination of Membership
Membership in the Association shall terminate only upon sale or transfer of property by an owner. The successor’s membership status in the Association shall be determined according to Section B of these Bylaws.
SECTION D. Rights of Members:
1. An Assented Member shall be entitled to:
a. vote at any Association meeting or election;
b. examine the books and records of the Association;
c. access all membership lists for the purpose of determining who has paid all dues and assessments;
d. hold office as an officer of the Association or serve on any of the various committees that may be formed except as provided in these By-laws;
e. petition for an amendment or amendments to these By-laws, or for the removal of an officer, Director, or other committee member whom they feel is not fulfilling his/her duties, or for a change in any of the Rules and Regulations; or to
f. request a hearing before the Board of Directors to appeal the imposition of fines for By-law violations or to request a payment plan for repayment of Annual Membership Dues that are in arrears, provided however that such request shall be made to the Secretary or Treasurer by regular mail or electronic mail and shall include the requestor’s current and correct email and postal mail address and telephone number(s).
g. Assented Members shall invest in the Board of Directors the responsibilities, terms of membership and the provisions for governing the Association, as the Certificate of Incorporation states, except as may be otherwise provided by law, or as may become law in the Commonwealth of Massachusetts.
h. Assented Members, by the adoption of these Bylaws, shall empower the Board to draw up all Rules and Regulations for the governing of the Membership according to law, and to inform the members of these Rules and Regulations by mail, by electronic mail and/or other commonly used methods.
i. On or after September 1, 2023, Assented Members who hold title to contiguous Lots in common ownership, i.e., the grantee on the current deed is the same for each Lot, shall enjoy only one payment of Annual Membership Dues, except as provided in these Bylaws under Article V, Section B. Voting rights are on a “one Annual Membership Dues” equals one vote basis.
2. A Non-Assented Member shall be entitled to:
a. attend any Association meeting or election;
b. examine the books and records of the Association;
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c. to access all membership lists for the purpose of determining who has paid all dues and assessments.
d. petition for an amendment or amendments to these By-laws, or for the removal of an officer, Director, or other committee member whom they feel is not fulfilling his/her duties, or for a change in any of the Rules and Regulations; or to
e. request a hearing before the Board of Directors to appeal the imposition of fines for By-law violations, provided however that such request shall be made to the Secretary by regular mail or electronic mail and shall include the requestor’s current and correct email and postal mail address and telephone number(s).
f. On or after September 1, 2023, Non-Assented Members who hold title to contiguous Lots in common ownership, i.e., the grantee on the current deed is the same for each Lot, shall enjoy only one payment of Annual Membership Dues, except as provided in these Bylaws under Article V, Section B.
3. A Defaulted Member shall be entitled to:
a. attend any Association meeting or election;
b. examine the books and records of the Association;
c. request a hearing before the Board of Directors to appeal the imposition of fines for By-law violations, provided however that such request shall be made to the Secretary by regular mail or electronic mail and shall the include the requestor’s current and correct email and postal mail address and telephone number(s).
SECTION E. Limitations of Membership
Any Owner who is in arrears of payment of Annual Membership Dues, Assessments and/or Fees shall be limited to the rights and privileges outlined in Section D.3 above until such time as all such payments are brought current or a payment plan has been established and is current. Such Owner shall have all rights restored within seven days of full payment of all Annual Membership Dues, Assessments and/or Fees or a payment plan has been established and is current. Nothing in this section shall be construed to deny those property rights of an Assented Member or Non-Assented Member which are guaranteed by law.
1. Only Assented Members may serve as officers of the Association.
2. The officers of the Association shall be the President of the Association, a Secretary and a Treasurer. The officers of the Association shall be governed by the Board of Directors, whose Chairman shall be the President of the Association.
3. The term of each Director shall be for a period of three years from the annual meeting of members at which such Director is elected. Such terms shall be on a staggered basis so that in each year, up to three Directors’ terms
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BY-LAWS ARTICLE III – GOVERNANCE OF
ASSOCIATION
THE
will expire. A Director whose term has expired shall continue in office until a successor is elected or appointed as hereinafter provided.
4. The Secretary and Treasurer shall each be elected for a term of one year.
5. Immediately after the annual meeting, or as soon thereafter as practicable, the Board of Directors shall meet for the purpose of electing from among their members a chairman for a term of one year. The Chairman of the Board of Directors shall also be known as the President of the Association.
6. The officers of the Association shall each have such powers and duties as generally pertain to their respective offices, as well as such powers and duties as from time to time may be conferred by vote of the Board of Directors.
7. At any Directors meeting duly called, with a written notice given as provided for in these By-Laws or M.G.L. c. 156B, any director or officer may by the affirmative vote of a majority vote of the directors be removed from office, with cause. Each Director shall be given notice of the meeting and will be given an opportunity to be heard at the meeting before a vote of the directors is taken.
8. At any special meeting called by the Assented Members as provided for in these By-Laws, any Director or officer may by the affirmative majority vote of all Assented Members be removed from office, either with or without cause, and his/her successor or their successors may be elected at such meeting, or the remaining Directors may, to the extent vacancies so created are not filled at such meeting, appoint any Assented Member in good standing to fill the unexpired term of such officers.
SECTION A. Board of Directors
1. Only Assented Members in good standing may serve on the Board of Directors. The Board of Directors of the Association shall consist of not less than five nor more than nine Assented Members, all of whom shall be at the age of legal majority and at least one of whom shall be a resident of the Commonwealth of Massachusetts.
2. A majority of the Board of Directors shall constitute a quorum for the transaction of business, but if at any meeting of the Directors there shall be less than a quorum present, a majority of those present may adjourn the meeting, without further notice, from time to time until a quorum shall have been obtained. If a quorum of the Board of Directors cannot be obtained by reason of the continued absence, removal, illness, or other inability of one or more of the members of the Board, a majority of the remaining directors may appoint one or more eligible members to fill such vacancy or vacancies, and a certificate of such appointment, signed by at least a majority of the remaining directors, filed in the Office of the Commissioner of Corporations for the Commonwealth of Massachusetts, shall constitute such person or persons a director or directors until the next annual meeting of the Association.
3. In case one or more vacancies shall occur in the Board of Directors by reason of death, resignation or otherwise, except insofar as otherwise provided in the case of a vacancy or vacancies occurring by reason of removal by the members or for cause, the remaining directors, may by a majority vote, elect a successor or successors to serve until the next annual meeting.
4. Meetings of the Board of Directors shall be held at such place within or outside of the Commonwealth of Massachusetts as may from time to time be fixed by resolution of the Board of Directors, or as may be specified in
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the notice of the meeting. Regular meetings of the Board of Directors shall be held at such times as may from time to time be fixed by resolution of the Board of Directors, and special meetings may be held at any time upon the call of the President or any Director by written notice duly served on, or sent by email or postal mail to each director no less than two days before such meeting. A meeting of the Board of Directors may be held without notice immediately after the annual meeting of Assented Members at the same place at which such meeting is held. Notice need not be given of regular meetings of the Board of Directors held at times fixed by resolution of the Board of Directors. Meetings may be held at any time without notice if all the directors are present, or if at any time before or after the meeting, those directors not in attendance waive notice of meeting in writing.
5. The Board of Directors may, in its discretion, by the affirmative vote of a majority of the whole Board of Directors, appoint committees which shall have and may exercise such powers as shall be conferred or authorized by the resolutions appointing them. A majority of any such committee, if the committee is composed of more than two members, may determine its action and fix the time and place of its meetings, unless the Board of Directors shall otherwise provide. The Board of Directors shall have power at any time to fill vacancies in, to change the membership of, or to discharge any such committee. Only Assented Members in good standing may serve on committees.
6. The Board of Directors are empowered to conduct the business of the Association, manage the funds and property of the Association, enforce the rules and regulations, collect Annual Membership Dues, Assessments, and/or Fees and expend funds of the Association, in accordance with the purposes of the Association as outlined in the Articles of Organization.
7. The Board may execute all forms, such as proxies, poll-by-mail forms, construction permits, and other permits, and/or contracts for the purpose of performing the business of the Association, in accordance with the law.
8. The Board may seek and pay for any professional advice, such as an attorney at law, engineer, or others for the purpose of assurance that the actions of the Board are in the best interest of the Association for the care and management of their property. The Board of Directors shall arrange for annual audit of the Treasurer's books by a qualified non-member accountant.
9. The Board may expend in funds those necessary for equipment, materials, and other necessary items to care and maintain the business of the Association, and the real and personal property of the Association. The funds spent being accountable to all Owners are to be listed in the Treasurer's report at the annual meeting.
10. The Board shall be required to carry all necessary insurance, bonds, or other assurances, as is required to maintain the business of the Association and its properties. These assurances are in no way to be construed to mean the private insurance and/or assurances of the individual members.
11. The Board shall record all necessary endorsed Certificates for the continuance of the Association and any other certificates as required by law, in accordance with the laws of the Commonwealth of Massachusetts.
12. A budget for the fiscal year to begin May 1 each year, or such fiscal year as may be determined by the Board of Directors, shall be submitted for approval to the Assented Members by the Board of Directors at an Annual Budget Meeting to take place on the second Saturday of March each year or at such other reasonable place and time as may be designated by the Board of Directors, with notification to all members. No other funds may be
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expended without authorization from the Assented Members. If no quorum is present at the budget meeting, then the annual budget remains the same as the prior years budget
SECTION B. President
1. The President of the Association shall be elected by the Board of Directors from among their number. The President shall be elected annually by the Board after the annual election and shall preside over all membership meetings and board meetings during the year. The Board of Directors shall, in his/her absence, appoint one of their number as acting President.
2. At the appropriate time prior to the annual meeting, the President shall appoint a nominating committee who shall report to him/her at least four (4) weeks prior to the annual meeting.
SECTION C. Secretary
1. The Secretary shall be a resident of the Commonwealth of Massachusetts and shall faithfully keep all records, minutes of all votes of the Board of Directors, and a record of all votes of the annual election in electronic format accessible to Board of Directors via SharePoint or such other electronic or internet storage platform. The Secretary shall attend all meetings of the Board of Directors and in the Secretary’s absence, the Board shall appoint an eligible Assented Member (who may be a Director) to temporarily perform the duties of Secretary. Minutes will be made available to all Owners in accordance with the Board of Directors’ policy.
2. If the office of Secretary shall be vacant by reason of removal from office, death or other disability, the Board of Directors shall fill such vacancy by appointing a successor Secretary until such time as a new Secretary may be elected. Secretary may be a Director.
SECTION D. Treasurer
1. The Treasurer shall be the custodian of all funds of the Association and shall be required to give bond for faithful performance of his/her duty, such bond to be paid for from Association funds.
2. If the office of Treasurer shall be vacant by reason of removal from office, death or other disability, the Board of Directors shall fill such vacancy. Treasurer may be a Director.
ARTICLE IV – MEETINGS
SECTION A. Annual Budget Meeting and Annual Assented Member Meetings
1. The Annual Budget Meeting shall be held during the month of March each year, at a time and place to be designated by the Board of Directors for the purpose of presenting and approving a budget.
2. The annual meeting of the Association shall be held during the month of August of each year, at a time and place to be designated by the Board of Directors for the purpose of electing officers and for the transaction of such other business as may properly be brought before the meeting.
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3. At the annual meeting, the Directors shall present, or designate one of the officers or Directors to present, a report to the meeting that is verified by the President and Treasurer or by a majority of the Directors, as a true and correct record of the Association, in accordance with the requirements of the laws of the Commonwealth of Massachusetts.
SECTION B. Assented Members may Petition for Special Meetings
1. A Special Meeting may be called within forty five (45) days of the receipt of a bona-fide petition from 10% of the Assented Members in good standing.
2. Special meetings shall be held at such time and place as may be designated in the notice of such meeting upon call of the Board of Directors, or any Director, or the Secretary.
SECTION C. Notice
1. Notice of purpose or purposes and of the time and place of every meeting shall be in writing and signed by the name of President or Director or Secretary or Treasurer and a copy thereof shall be mailed or emailed not less than ten (10) days prior to the meeting upon each Owner. Such further notice shall be given as may be required by law. Meetings held monthly require 48-hour notice of purpose or purposes.
2. For all Notices under these By-Laws, the Association shall deliver any notice required to be given by the Association to any mailing or electronic mail address an Owner designates. If an Owner does not designate an email address, the Board of Directors or Officers shall deliver notices by either hand delivery at the Lot address, by United States mail postage paid, or by commercially reasonable delivery service to the mailing address of each Owner.
SECTION D. Quorum
1. Except as otherwise provided by law or by the Articles of Incorporation, sixty Assented Members present or represented by an attorney in fact at any assented members meeting shall constitute a quorum. For the purpose of a quorum, written or emailed or internet-based proxies from Assented Members and the Assented Members present shall be counted. If there be no such quorum, a majority of the votes so present or represented may adjourn the meeting from time to time without further notice.
2. If an annual meeting be adjourned for lack of a quorum, the Directors then in office shall continue in office until replaced.
SECTION E. Presiding Officer
Meeting of the Association shall be presided over by the President, or in the President’s absence by any Director, or in their absence by a Chairman chosen at such meeting. The Secretary of the Association shall act as Secretary of every meeting, except in the Secretary’s absence the Chairman shall appoint a member to act as Secretary at such meeting.
SECTION F. Elections and Balloting
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1. At all elections of Directors or officers, two (2) inspectors of election shall be appointed by Chairman of the meeting. Said inspectors shall be Assented Members in good standing. The inspectors of elections shall faithfully execute the duties of inspectors at such meetings with strict impartiality, and shall take charge of the polls and after the vote shall have been taken shall make a certificate of the result thereof, but no Director or officer or candidate for such office shall be appointed as such inspector
2. No Assented Member shall be entitled to vote unless all Annual Membership Dues, Assessments and/or Fees and interest thereon then due to the Association shall have been paid in full or the Assented Member is current with a payment plan that is established with the Treasurer at least seven days prior to the meeting at which such vote will be taken. Prior to balloting, the Secretary shall furnish the President with a list of eligible voters and only eligible Assented Members shall be allowed to vote in person or by proxy.
3. At the appropriate time prior to the annual meeting, the President shall appoint a nominating committee which shall report to him/her at least four weeks prior to the annual meeting.
a. The nominating committee shall consist of three Assented Members in good standing, at least two of whom are not presently serving as Director on the Board. The three appointed members shall elect, from amongst themselves, a Chairman of the nominating committee.
b. Any eligible member seeking nomination by the nominating committee for an elected position must submit nomination papers to the committee at least six weeks prior to the annual meeting. The nominating committee will submit its slate of eligible member seeking elective office to the President at least four weeks prior to the annual meeting.
c. A report of the nominating committee shall be sent to all Assented Members along with the notice of the annual meeting at least two weeks prior to the date of this meeting. Nominations may be offered from the floor at this meeting.
SECTION G. Proxies and Power of Attorney
1. Any Assented Member who is unable to attend the annual election meeting may vote by a proxy executed in writing by the Assented Member entitled to vote, or by said Assented Member’s duly authorized attorney in fact. Said proxy, together with a copy of a notarized Power of Attorney may be tendered by electronic mail in “locked”, i.e., inalterable, portable document format to the Secretary and/or Treasurer or by a computer application allowing a secure digital signature, such as DocuSign.
2. No proxy shall be valid after the expiration of eleven months from the date of its execution unless the Assented Member executing the proxy shall have specified with the date of its duration.
3. Every proxy shall be revocable at the pleasure of the person executing the proxy or the Assented Member’s authorized attorney in fact. A duly executed proxy will be considered revoked if the Assented Member who submitted said proxy attends the annual election meeting and registers to vote at said meeting.
4. Proxy form shall accompany the notice of annual meeting, as well as a slate of the eligible Assented Members, nominated by the nominating committee who have agreed to seek the elective office of the Association.
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5. In order to maintain confidentiality, all proxy forms returned to the Association in the appropriately marked proxy form envelope, will be held by the Secretary and/or Treasurer, in their sealed state, until one hour prior to the annual meeting. At such time they will be opened in the presence of the Secretary, the Treasurer, and a member of the nominating committee. All proxies must be received by the Association at least (1) one day prior to the annual meeting. Any proxies received after that date cannot be counted.
6. Upon the presentation of the Power of Attorney, by a representative of an Assented Member, that representative shall be furnished with the necessary proxy form, or poll-by email or postal mail so that the attorneyin-fact may fill out the form in the name of the active Assented Members.
7. After filling out the form necessary, the Assented Member’s duly authorized representative shall surrender the form to the Secretary of the Association, so as to complete the records of votes.
SECTION H. Remote Participation and Voting
1. Remote participation may be permitted but not required under these By-laws.
2. The Directors may by policy choose the means of remote meetings, i.e., using Google, Zoom, Teams, WebEx or other videoconferencing platforms and may, by written policy adopted by a majority vote of the Officers, choose whether or not to record such meetings and to archive such recordings. A Director shall serve as the meeting host, and officers or Directors who participate remotely may vote and shall not be deemed absent.
3. Assented Members shall be permitted to participate remotely in a meeting. Assented Members and Directors and officers who participate remotely and all persons present shall be clearly audible to each other.
4. When video technology is in use, the remote participant shall be clearly visible to all persons present if possible.
5. The President or, in the President's absence, the person chairing the meeting, may decide how to address technical difficulties that arise as a result of utilizing remote participation and may suspend discussion while reasonable efforts are made to correct any problem that interferes with a remote participant's ability to hear or be heard clearly by all persons present.
6. At the start of the meeting, the President or Secretary shall announce the name of any member who will be participating remotely, and this information shall also be recorded in the meeting minutes.
7. All votes taken during any meeting in which a member participates remotely shall be by roll call vote if not unanimous
8. When feasible, the chair or, in the chair's absence, the person chairing the meeting, shall distribute to remote participants, in advance of the meeting, copies of any documents or exhibits that he or she reasonably anticipates will be used during the meeting.
ARTICLE V - FISCAL YEAR AND ASSESSMENTS
SECTION A. Fiscal Year
The fiscal year of the Association shall begin on the first day of May in each year and shall end on the thirtieth day of April next following, unless otherwise determined by the Board of Directors.
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1. Upon payment of Annual Membership Dues, each Assented and Non-Assented Member shall receive from the Secretary a membership status card and vehicle tag covering the year for which Annual Membership Dues have been paid.
2. Lots that are acquired on or after September 1, 2023, where Owners own multiple Lots that are not contiguous, Annual Membership Dues will be charged on a per Lot basis.
3. Written notice of Annual Membership Dues, Assessments and/or Fees payable for any year shall be sent to Owners at least thirty days before the due date as may be fixed by the Board of Directors but failure to send such notice shall not impair the validity of such notice or any remedy of Association for the collection thereof.
4. If any Annual Membership Dues, Assessment and/or Fees shall not have been paid on the date when due, then an Owner’s account shall be considered delinquent and shall bear interest from the date of delinquency at the rate of ten percent (10%) per annum or other such rate as set by the Directors, until the sum due is paid in full. The Association may bring any appropriate action or proceeding for the collection of Annual Membership Dues, Assessment and/or Fees and interest against the Owner personally obligated to pay the same and seek to impose the lien against the property. In either event the Association shall be entitled to recover all its costs of collection including a reasonable attorney's fees commencing on the date when the Annual Membership Dues are first due and payable.
5. Any Owner who through the refusal to pay their Annual Membership Dues, Assessment and/or Fees and who have forfeited their rights, may from time to time be assessed a fee for the maintenance of the right of way to their property, and other assessments necessary for the care and protection of their properties.
6. Payment of Annual Membership Dues and any arrearages shall be due and payable upon the date of sale or transfer of ownership.
7. Every Lot shall be entitled to be connected to the common water distribution system servicing the subdivision in accordance with this Article. Annual charges for water and maintenance costs for the water distribution system are collected as part of the Annual Membership Dues whether or not a member elects to connect to the water distribution system. The Association reserves the right to terminate water service for unpaid Annual Membership Dues, Assessments and/or Fees and any interest thereon.
8. Water service is a privilege of membership in the Association. The Association is prohibited from selling water by state law. The Far Hills Association, Inc. has, since its approval in 1969, extended the water distribution system to service the various sections of the development.
9. Each Owner shall be assessed a capital assessment in the dollar amount equal to the then applicable Annual Membership Dues per Lot or contiguous Lots. If a Lot is sold or transferred on or after September 1, 2023, the assessment shall be due and payable upon the date of sale or transfer of said lot. If a lot owner already assessed should start construction of a dwelling on another lot owned by him/her, the difference between the original assessment and the full assessment for a lot with house shall become due and payable at the time of application for building permit from the Association. No lot will receive water until payment of its capital assessment, and payment of the actual cost to Far Hills Association, Inc. for connection to the water distribution system.
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Annual Membership
Assessments and/or Fees
SECTION B.
Dues,
10. If a lot is already connected to the water distribution system, then on the date of sale or transfer of ownership to a new Owner, the purchaser shall make a one-time payment to the Association in the sum of then applicable Annual Membership Dues, to be added to the fund for capital improvements.
SECTION C. Enforcement of Unpaid Annual Membership Dues, Assessment and/or Fees
1. Owners in arrears of Annual Membership Dues, Assessment and/or Fees payments under these By-laws, shall be subject to a suit in any court of competent jurisdiction upon the decision of the Board, according to the laws of the Commonwealth of Massachusetts.
2. The Board of Directors may by majority vote enter into a payment agreement with an Assented Owner upon said Assented Owner’s written request upon such terms and conditions as the Directors may determine are in the best interest of the Association.
3. Any Owner who remains in arrears for their Annual Membership Dues, Assessment and/or Fees for more than 60 days, or who breaches the terms of a payment agreement shall be subject to termination of water service.
4. Owners may be subject to Fines as defined under the rules enforcement schedule as voted by the Board of Directors
SECTION D. Certificates of Paid Annual Membership Dues, Assessments and Fees
The Board of Directors may, from time to time, prescribe the form and contents of any certificates of payment of Annual Membership Dues, Assessments and Fees which the Association may decide to issue.
ARTICLE VI – RULES AND REGULATIONS
SECTION A. Authority
The Assented Members, by the adoption of these By-Laws, shall require the Board of Directors to draw up all Rules and Regulations for the governing of the membership according to law and to inform the members of these Rules and Regulations by mail, electronic mail., and/or other commonly used methods or by posting Rules and Regulations on the Association’s internet website.
All Rules and Regulations shall conform to the laws of the Commonwealth of Massachusetts, insofar as they meet the requirements of the Commonwealth Law, if not the Rules and Regulations shall conform to the laws of the applicable surrounding town.
SECTION B. Enforcement
Enforcement of Rules and Regulations shall be carried out by the Board of Directors or such agent as they may designate.
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The Board of Directors shall take such action as they deem necessary to enforce rules, including the denial of privileges to offending Assented Members or Non-Assented Members or Defaulted Members
ARTICLE VII - AMENDMENT OF BY-LAWS
The By-Laws of the Association may be amended, added to, rescinded, or repealed by a two-thirds vote of those in attendance at a duly constituted meeting of the Association, provided notice of the proposed change is given in the notice of the meeting.
ARTICLE VIII - CORPORATE SEAL
The corporate seal shall have inscribed thereon the name of the Association and the year of its incorporation, and shall be in such form and contain such other words and/or figures as the Board of Directors shall determine. The corporate seal may be used by printing, engraving, lithographing, stamping, or otherwise making, placing or affixing, or causing to be printed, engraved, lithographed, stamped, or otherwise made, including by digital means, placed or affixed upon any paper or document, by any process whatsoever, an impression facsimile, or other reproduction of said corporate seal.
BY-LAW AMENDMENTS
• At their meeting on June 3, 1976, the Board of Directors has recommended the above Bylaws for adoption by the membership. Adopted by membership August 1976.
• Amendments to August 1983.
• Amendments to August 1992.
• Amendments to August 1994.
• August 1996: Associate and Successor Members must have signed an assent form to retain full membership with voting rights by September 1, 1997 to be a “Member in good standing.”
• At their meetings on February 28, & March 21,1999, the Board of Directors has recommended the above Corporation Amendments of By-Laws for adoption by Assented Members.
• Amendments adopted to April 18 1999.
• Formatting changes in August 2019.
• Membership vote at Annual Meeting, August 2020 passed the following changes: Membership Status title changes in Article 1, Section A, and adjusted throughout. No changes to definitions, which continue to align to language in Covenants & Restrictions; “Assented Member” instead of “Shareholder”; “Non-Assented Member” instead of “Member”; Defaulted Member term as not changed; FHA information source changed from a bulletin board posting to mail, e-mail, or other commonly used methods; Language clarifications on number of Directors, terms they serve, and status requirement; More flexibility provided for Annual Budget meeting in March; Defined that minutes are to be made available to Assented Members in good standing; Clarifying language to define that the Treasurer may be a director; Language that the nominating committee must be only comprised of Assented Members in good standing; Members on repayment plans privileges more clearly defined.
• Membership vote at Annual Meeting, August 2023 passed the following changes: Definitions have been added to the By-laws. The fact that parts of the association are in Winchendon has been addressed. Owner and Member have been specifically defined to make sure it’s clear that and Owner is somebody that is names on the deed. “Honorary Members” have been eliminated. The “Rights of Members” section has been reorganized and updated
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for clarity. A “multiple lots – multiple dues” concept has been included. The “capital assessment” to be paid by a new Owner has been increased from $500 to the amount equal to a yearly membership due. A section that clarifies rules for Remote Participation and Voting has been included.
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ASSENT TO COVENANTS AND RESTRICTIONS
The undersigned, being the owner of Lot(s)_________________in the Far Hills Subdivision*, which has a property address of___________________________________________________, Ashburnham/Winchendon, Massachusetts, hereby assent to the rules and provisions of the Declaration of Covenants of Far Hills Subdivision dated August, 2023, as amended, which is recorded at the Worcester Northern/ Southern Registry of Deeds herewith.
* Our title to the above Lot(s) derives from a deed datedand recorded at Worcester
Northern/Southern District Registry of Deeds at Book ____________________, Page ______________.
Witness our hands and seals this ____ day of ________________, 202_
Sign:
Printed name:______________________________
Sign:
Printed name:______________________________
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•
August 2023
DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE FAR HILLS SUBDIVISION
ARTICLE I - PURPOSE
The purpose of this Declaration of Covenants and Restrictions (“Covenants and Restrictions” or “Declaration”) for the Far Hills Subdivision (which may hereafter be referred to as the “development” or “subdivision”) is to clarify certain duties of the Far Hills Association, Inc. and the rights and obligations of the owners of the Lots within the development.
ARTICLE II - AUTHORITY
The Far Hills Association, Inc. is situated in Ashburnham and Winchendon, by virtue of certain deeds recorded with the Worcester Northern and Worcester Southern Districts Registry of Deeds as follows:
1. Deed dated December 29,1967 (Parcels 1 through 18) recorded at Worcester Northern District Registry of Deeds at Book 1016, Page 582;
2. Deed dated November 11,1975 (Parcel 19) recorded at Worcester Northern District Registry of Deeds at Book 1156, Page 670;
3. Deed dated November 11,1975 (Parcel 20) recorded at Worcester Northern District Registry of Deeds at Book 1156, Page 467;
4. Deed dated June 8,1983 (Parcel 21) recorded at Worcester Northern District Registry of Deeds at Book 1317, Page 251;
5. Deed dated December 28, 1976 (Parcel 22) recorded at Worcester Northern District Registry of Deeds at Book 1172, Page 239;
6. Deed dated May 11, 1982 (Lot 351 on plan in Plan Book 126, Plan 4) recorded at Worcester Northern District Registry of Deeds at Book 1285, Page 409;
7. Deed dated March 21, 1985 (Lot 356 on plan in Plan Book 126, Plan 4) recorded at Worcester Northern District Registry of Deeds at Book 1389, Page 582;
8. Deed dated December 13, 2001 (Lot 350 on plan in Plan Book 126, Plan 4) recorded at Worcester Northern District Registry of Deeds at Book 4019, Page 261;
9. Deed dated December 27, 1967 (land shown on plan in Plan Book 304, Plan 23) recorded at Worcester Southern Registry of Deeds at Book 4820, Page 415; and
10. Deed dated May 27, 1983 (Lots 823, 826, 835 and part of Lot 818) recorded at Worcester Southern Registry of Deeds at Book 7783, Page 18
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Covenants and restrictions for the Far Hills Subdivision have been recorded with the Worcester Northern District Registry of Deeds and at Book 929, Page 192 and amended by instruments recorded with said Deeds at Book 1031, Page 393; Book 2291, Page 297 and Book 2717, Page 25 and with the Worcester Southern Registry of Deeds at Book 5262, Page 164 and Book 17113, Page 197.
ARTICLE III – DEFINITIONS
The following words when used in this Declaration or any supplement Declaration shall have the following meanings:
“Annual Membership Dues” shall mean the allocable portion of the total cost to maintain the Common Land and to administer the Association, as voted each year under the budget presented at the Annual Budget Meeting as defined in the By-Laws Article IV. Annual membership dues pay for without limitation, costs for water and maintenance of the water distribution system serving the Far Hills Subdivision, insurance, roadway and general maintenance, security, social activities, taxes, administration of the Association, and cost associated with the maintenance of Sunset Lake.
“Assessment(s)” means costs for capital improvements or repairs to the water distribution system and roadways, clubhouse, garage, beaches, boat launches and the like, as voted by the Association.
"Association" shall mean the Far Hills Association, Inc., a Massachusetts corporation formed for the purpose of providing and fostering the social and civic welfare of the residents and owners of the real estate including Sunset Lake and surrounding land comprising the Far Hills Subdivision (which may hereafter be referred to as the “development” or “subdivision”) in Ashburnham and Winchendon, shown on plans recorded in the Worcester Northern Registry of Deeds at Plan Book 122 Page 8, Plan Book 123 Page 19, Plan Book 126 Page 2, Plan Book 126 Page 3, Plan Book 126 Page 4, Plan Book 130 Page 15, Plan Book 131 Page 11, Plan Book 134 Page 4, Plan Book 134 Page 24, Plan Book 137 Page 14, Plan Book 137 Page 15, Plan Book 138 Page 3, Plan Book 138 Page 6, and Plan Book 189 Page 22 and recorded with the Worcester Southern Registry of Deeds at Plan Book 304, Plan 23 (hereafter “the Plans”).
“By-Laws” shall mean and refer to the rules adopted by vote of the Assented Members of the Association for the regulation of the Association’s affairs as may be amended from time to time.
"Common Land" shall mean all water rights in Sunset Lake together with lands lying beneath Sunset Lake; all roads, easements and rights of way to which the Far Hills Association Inc. has right title or interest; all water distribution lines within the development, owned by the Far Hills Association, Inc, and all property listed in Article V.8.d.
“Covenants and Restrictions” or “Declaration” shall mean the Declaration of Covenants and Restrictions for the Far Hills Subdivision clarifying certain perpetual rights, obligations and easements set forth in the By-laws, votes and resolutions of Far Hills Association, Inc.
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“Fees” shall mean the charges required for services to be performed or delivered as voted by the Board of Directors.
“Good Standing” shall mean that an Owner who is not in arrears for payment of Annual Membership Dues, Assessments and/or Fees and is in compliance with these By-laws, the Covenants and Rules. An owner is not in good standing if he/she does not comply with the rulings of the Board of Directors.
"Lot" or "Lots" shall mean and refer to the Lots within the subdivision as shown on the Plans.
“Member” shall mean the Owner, whether one or more persons or entities, holding fee simple to a Lot. A Member shall not include a mortgagee, unless the right of redemption has been foreclosed pursuant to a valid foreclosure and the lender in possession is a natural person or a nominee trust or estate planning trust, and shall not include the holder of a real estate tax title unless the right of redemption has been foreclosed pursuant to a valid order of the Land Court and the holder is a natural person or a nominee trust or estate planning trust. Membership in the Association shall terminate upon sale or transfer of property upon which membership is based.
“Owner” shall mean the grantee or grantees named on the most recent recorded deed of a Lot in Far Hills Subdivision. Each Owner is a shareholder in the Association.
“Rules and Regulations” shall mean rules adopted by the Board of Directors for the governing of the Membership.
“Shareholder” shall mean a member of the Far Hills Association, Inc. as defined in the Articles of Organization.
"Sunset Lake Development Corp." means the original developer of the Far Hills subdivision.
ARTICLE IV – DUTIES OF THE ASSOCIATION
Subject to and in accordance with this Declaration the duties of the Association shall include the following:
1. To own, maintain, and manage Sunset Lake and the Common Land for the benefit of the Owners.
2. To own, maintain, repair, replace or improve the water distribution system in such a manner to ensure continuous water service to the Lots.
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3. To own, maintain, repair, and rebuild the subdivision drains and roadways, to ensure safe and continuous access to the Lots.
4. To establish and enforce Rules and Regulations of the Association to promote the health, safety, and welfare of all Owners of Lots in Far Hills Subdivision and to preserve and enhance the values and maintain a harmonious relationship among Owners and the Association.
5. To enforce the terms and conditions contained in this Declaration.
6. To assess each Owner for their proportionate share of the expenses in accordance with the provisions of this Declaration and the By-laws of the Association.
7. To represent the Owners' interests and collective problems to the Town of Ashburnham and Town of Winchendon and to other governments and agencies.
ARTICLE V - RIGHTS AND OBLIGATIONS OF OWNERS
Subject to and in accordance with this Declaration and the Association’s By-laws, the rights and obligations of the Owners shall include the following:
1. All Owners shall be required to comply with this Declaration, and with the By-Laws and Rules and Regulations of the Association.
2. All Owners shall retain all rights invested in them by law or by the By-Laws.
3. Membership in the Association shall terminate upon the sale or transfer of property upon which membership is based.
4. All Owners shall ensure that the mailing address, email address, and contact information used by the Association is current.
5. Subject to the provisions of the By-Laws every Owner shall have a right and easements of enjoyment, for such access, egress, and service in and to the Common Land, including the walkways and roadways, as shown on the Plan. The use of the Common Land is restricted to pedestrian recreation or passage except where use of cars is permitted. In the event any Common Land (including any improvements located thereon) is damaged or destroyed by any Owner or their guests, tenants, licensees, invitees, pets, agents, or members of his family, such Owner shall be liable to the Association for the repair of said damage. Each Owner agrees to indemnify and save harmless the Association of and from any loss, damage, or injury occurring to the person or
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property of the Owner or any of his guests, tenants, licensees, invitees, pets, agents, or members of his family while in, on, or around the Common Land.
6. The Association shall be responsible for the exclusive management and control of the Common Land and for making and maintaining all improvements thereon.
7. The Association shall maintain a public liability policy, the costs of such a policy to be included in the Annual Membership Dues.
8. The Owners, as shareholders of the Far Hills Association, Inc., share the costs of maintaining the property listed below:
a. All water rights in Sunset Lake together with lands lying beneath Sunset Lake; and
b. All roads, easements and right of way to which the Sunset Lake Development Corp. had right title or interest; and
c. All water distribution lines through the development; and
d. All Parcels described as Common Lands of the Far Hills Association, Inc. listed below:
COMMON LANDS
1 300 & 301 2.3 acres
2 314 & 315 20,000 sq ft
3 613+624 1.4 acres
Ripple Beach Recreation Area, Levins Hall, northwesterly side of Noel Drive, southwesterly side of Blueberry Road.
Reserve Area and Canoe/Kayak Access to Spruce Cove, westerly side of Spruce Drive.
Reserve Area, Dock Area, and Access to Seneca Cove, westerly side of Indian Point Drive, easterly side of Seneca Drive, southwesterly side of Gold Mine Road.
4 3.8 acres Reserve Area, north and west of Gold Mine Road.
5 4.1 acres
6 1.2 acres
7 1 acre
Harris Brook Reserve Area, North side of West Shore Drive, adjacent to properties on west side of Iriquois Drive.
Lollipop Beach, south side of West Shore Drive, across from Iriquois Drive
Estees Brook Reserve Area and Peninsula on east side of West Shore Drive
8 1.448 acres Estees Brook Reserve Area on west side of West Shore Drive
9 558+559 43,400 sq ft
Reserve Area and Dock Area at Holiday Cove, northwesterly side of Sunset Drive, northeasterly side of West Shore Drive
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№ FHA Lot № Area * Description
Parcel
10 1 acre
11 1.1 acres
Dam and Spillway area, southeasterly side of Sunset Drive, easterly side of Sherbert Road**
Dam and Spillway area, northerly side of Winding Cove Road, easterly side of Sherbert Road **
12 0.18 acre Boat Ramp and Dock Area, north side of Winding Cove Road
13 24,544 sq ft
14 23.5 acres
15 126 15,600 sq ft
16 177 0.29 acre
17 1.4 acres
Reserve Area, south side of Winding Cove Road, across from Boat Ramp
Reserve Area, westerly side of Dunn Road, adjacent to properties on the south side of Laurel and Winding Cove, 80-ft frontage on Winding Cove Road.
Winding Cove Beach, northerly side of Winding Cove Road
Drainage Area (outlet of street drain from Balsam.), southerly side of Laurel Drive. Connects to Parcel #14
Driftwood Beach Reserve Area, southwesterly side of Noel Drive, Southeasterly side of Christmas Tree Drive.
18 0.37 acre Both sides of Causeway on Christmas Tree Drive.
19 285 acres Sunset Lake (279 acres in Ashburnham, 6 acres in Winchendon)
* As shown on the Ashburnham and Winchendon GIS sites, April 2023
**Town GIS map does not indicate ownership of the river downstream of the spillway
ARTICLE VI – ROADWAYS
1. No driveway, land filling or removal, landscaping or any structures extending over Lot lines into the roadway shall be constructed or placed into or on said roadway without written approval of the Association, acting through its Board of Directors.
2. Association roads are defined as private roadways with public access.
ARTICLE VII – ASSESSMENTS
1. All Assessments shall be paid within thirty (30) days of the delivery thereof to the Owner of the Lot or of mailing to the last known address if Owner does not reside on the Lot. If any Owner of a Lot fails to pay an amount duly assessed, said Owner shall be denied all rights and privileges of membership outlined in this covenant and the By-Laws.
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2. Interest for overdue accounts will be charged a 10% interest, applied semiannually at 5%.
3. The Owner shall be liable for interest on all amounts unpaid and for all reasonable costs of enforcement and collection of such amounts, including reasonable attorney's fees. If such assessment is not paid in full within sixty (60) days after it is delivered or mailed as herein provided, interest will be charged at 10%, applied semiannually at 5%.
4. Provided that an order is issued by a court of competent jurisdiction the Treasurer may record a Notice of Lien and any judgment for unpaid Annual Membership Dues and Assessments and costs for the collection of the same, with the appropriate Registry of Deeds. Said lien or judgment shall constitute security for any sums recovered by the Treasurer in a suit in law or in equity. Upon payment of the amount of such lien or judgement, the Treasurer shall issue a statement in recordable form that all such charges have been paid
5. Upon request of any Owner, the Treasurer shall issue a statement of all outstanding charges against said Lot and an accounting of all portions of the escrow account attributable to said Lot.
ARTICLE VIII - WATER DISTRIBUTION SYSTEM
1. Every Lot shall be entitled to be connected to the common water distribution system servicing the subdivision in accordance with this Article. Annual charges for water and maintenance costs for the water distribution system are collected as part of the Annual Membership Dues whether or not a member elects to connect to the water distribution system. The Association reserves the right to terminate water service for unpaid Annual Membership Dues, Assessments and/or Fees and any interest thereon.
2. Water service is a privilege of membership in the Association. The Association is prohibited from selling water by state law. The Far Hills Association, Inc. has, since its approval in 1969, extended the water distribution system to service the various sections of the development.
3. Each Owner shall be assessed a capital assessment in the dollar amount equal to the then applicable Annual Membership Dues per Lot or contiguous Lots. If a Lot is sold or transferred on or after September 1, 2023, the assessment shall be due and payable upon the date of sale or transfer of said lot. If a lot owner already assessed should start construction of a dwelling on another lot owned by him/her, the difference between the original assessment and the full assessment for a lot with house shall become due and payable at the time of application for building permit from the Association. No lot will receive water until payment of its capital assessment, and payment of the actual cost to Far Hills Association, Inc. for connection to the water distribution system.
4. If a lot is already connected to the water distribution system, then on the date of sale or transfer of ownership to a new Owner, the purchaser shall make a one-time payment to the Association in the sum of then applicable Annual Membership Dues, to be added to the fund for capital improvements.
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ARTICLE IX – ENFORCEMENT
1. Each Owner and the Association shall have the right to enforce the obligation of every other Owner to maintain the Common Land, Lake and any other duty contained herein, as well as to enforce any rules and regulations adopted by the Owner hereunder, by any legal or equitable means. Such legal and equitable means shall include, without limitation, the provisions of M.G.L. Chapter 84, Sections 12, 13, and 14, as they may be amended from time to time.
2. No Owner shall be liable hereunder except for his/her acts or defaults while an Owner.
3. No Owner shall be exempted from liability for the payment of Annual Membership Dues either by waiver or abandonment of the use and enjoyment of the Common Land or Lake during his/her ownership of such Lot.
ARTICLE X – AMENDMENTS
This Declaration may be amended, added to, or extended for additional twenty-year terms by a majority vote at a duly constituted meeting of the Association, provided notice of proposed change is given in the notice of the meeting. A written instrument setting forth the terms of any such amendment shall be signed by the President and Treasurer certifying that a majority of the members had voted in accordance with this Declaration and recorded with the Worcester Northern District Registry of Deeds and Worcester Southern Registry of Deeds.
ARTICLE XI – COVENANTS TO RUN WITH THE LAND
All of the covenants, restrictions, and servitude set forth herein shall run with the land. The Owner of each Lot, by assenting to such covenants, restrictions, reservations, and servitude, agrees for himself, his heirs, administrators, and assigns to be bound by each of such covenants, restrictions, reservations, and servitude jointly, separately, and severally.
ARTICLE XII - SEVERABILITY
The invalidation of any one of these covenants by judgment, legislative act, or court order shall in no way effect any other provision(s) which shall remain in full force and effect.
ARTICLE XIII – INTERPRETATION
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It is specifically the intent of this Declaration to assure the fair and harmonious operation of the Association for the benefit of each and every member/owner. This Declaration is to be liberally construed to effectuate this intent.
ARTICLE XIV– SUNSET LAKE
No boat docks, floats, or other structures extending into the lake shall be constructed or placed into or on said lake without written approval of Far Hills Association, Inc., or its assigns.
ARTICLE XV– LOTS
All Lots within the development shall be used exclusively for residential purposes. A Lot or Lots in common ownership, may be transferred into a nominee or estate planning trust, so called, provided that the beneficial interest of said trust remains with the individual Lot owner or owners. The Association will be provided with copies of Schedule of Beneficial Interests upon request. No Lots may be transferred to, leased by, or used for any purpose by a corporation, club, association, trust or group of any kind.
ARTICLE XVI – COMPLIANCE WITH OTHER LAW
1. It is intended that all provisions of Local, State and Federal Laws, as they may apply to any Lot in Far Hills Subdivision will be complied with by the Owner, including, but not limited to Town of Ashburnham and Town of Winchendon (collectively “the Towns”) General By-laws, Zoning By-laws, Planning Board regulations, Board of Health Regulations, Conservation Commission rules and regulations, and the State Sanitary Code pertaining to subsurface disposal of sewage. Notwithstanding provisions to the contrary, the following restrictions shall apply to each Lot:
A. No Lot may be subdivided except to increase abutting Lot size, and only upon prior approval of Far Hills Association, Inc.
B. No outside toilet will be allowed except as allocated to Association beaches or for temporary use during construction activities. No part of septic tank or drain field shall be less than fifty (50) feet from the high water line of Sunset Lake.
C. No porch or projection of any building shall extend nearer than twenty (20) feet from the boundary of any Lot nor within twenty five (25) feet of any road. No building may be placed nearer than fifty (50) feet from the normal high water line of Sunset Lake. Where size, shape and
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topography of any Lots requires, Far Hills Association, Inc., its successor or assigns may grant a Variance from the terms of this paragraph.
No vacant lot, or combination of vacant lots may be used as a campground or as a privately organized camp. No house trailers, mobile homes, tents or similar structures can be installed on properties without a permanent house. The Board of Directors may grant a permit for a period of up to 6 months only for the purpose of lot clearance and/or building an approved habitable structure. All health and sanitary requirements must be maintained.
ARTICLE XVII – FURTHER RESTRICTIONS
The following additional restrictions shall apply to the Lots:
1. No building or other structures of any kind, or any additions thereto, shall be constructed on any Lot, other than one (1) single family residence, together with a garage housing no more than three (3) vehicles and other accessory buildings and structures normally appurtenant to such a residence, including, without limitation, barns, sheds, provided that not more than two (2) accessory building shall be permitted per Lot.
2. No business of any nature shall be conducted upon any of the Lots unless permitted under the applicable Town of Ashburnham and/or Town of Winchendon Zoning By-Laws.
3. No animals except customary household pets in reasonable numbers shall be kept or maintained on Lots within Far Hills Subdivision.
4. All plans for residential dwelling units to be constructed are subject to the approval of the Far Hills Association, Inc. or its assigns.
ARTICLE XVIII – PERPETUAL EASEMENTS
1. The Association, as successor in interest to the Sunset Lake Development Corporation for itself, its successors or assigns and licensees, reserve a ten (10) foot wide easement along all road rights-of-way and a six (6) foot wide easement along the side and rear lines of each and every Lot, except for the portion of any waterfront Lot which abuts the shore of Sunset Lake, with the right of ingress and egress thereon for the purpose of installing and maintaining utility lines; together with the right to trim, cut or remove any trees or brush necessary and the right to locate guy wires, braces and anchors; together with the right to install and maintain gas and water mains and appurtenances thereto: sewer lines and drainage ditches. The Association for itself, its successors, assigns and licensees also reserves the right to cause or permit drainage of surface waters over and/or through said Lots. The Owners of said Lots shall have no cause of action against the Association, its successors, assigns or licensees either at law or in equity except in
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case of willful negligence, by reason of any damage caused to said Lots in installing, operating or maintaining above mentioned installations.
2. The remaining provisions, declarations and conditions of the original Covenants and Restrictions, heretofore amended, shall remain in effect and may be extended for the maximum period permitted by law.
3. Should any of the restrictions amended hereby be found to be contrary to law, its predecessor section shall be once more operative as if it had not been superseded, and all remaining valid restrictions, whether original or amended shall thereafter remain in full force and effect.
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WILLIAM FRANCIS GALVIN Secretary of
