Master Deed

LOUIS F. DIGIOVANNI of Newton, and LEWIS G. POLLOCK of Lexington, both of Middlesex County, Massachusetts,Trustees of INMAN HOUSE REALTY TRUST under Declaration of Trust established April 24, 1973, recorded with Middlesex South Registry of Deeds, Book 12432, Page 177, with principal offices at Suite 500, 470 Totten Pond Road, Waltham, Massachusetts, being the sole owner of the land on Inman Street, Cambridge, Middlesex County, Massachusetts, described in Paragraph 1 below, do hereby, by duly executing and recording this Master Deed, submit the said land, together with the buildings, improvements, and structures located and to be located thereon, and all easements, rights and appur­tenances belonging thereto (hereinafter called “the Property”), to the provisions of  Chapter 183A of the General Laws of the Commonwealth of Massachusetts, and do  hereby state that they propose to create and do hereby create with respect to  the Property a condominium to be governed by and subject to the provisions of  said Chapter 183A.

1.   Description of Land.  A certain parcel of land with the buildings thereon being at present numbered 12 Inman Street, Cambridge, Middlesex County, Massachusetts, being  shown as Lot C -on a plan recorded with said Deeds in Plan Book 343, Plan 26, bounded and described as follows:

NORTHWESTERLY  by Inman Street, one hundred ten and 22/100 (110.22) feet;
NORTHEASTERLY by Austin Street, seventy-nine and 75/100 (79.75) feet;
SOUTHEASTERLY  by Lot B on said plan, one hundred twelve and 53/100 (112.53) feet; and
SOUTHWESTERLY  by land now or formerly of First Universalist Church, eighty and 92/100 (80.92) feet.

Containing 8,946 square feet of land according to said plan.  

Be all said measurements more or less or however otherwise bounded or described.

Being the same premises conveyed to said Trustees of Inman House Realty Trust by deed of Northgate Community Corporation dated May 14, 1973, recorded with said Deeds, Book 12432, Page 184.

2.   Description of Building.  The building located on said land contains all thirty units of the condominium and is known as and numbered 12 Inman Street, Cambridge, Massachusetts.  The building is a seven-story elevated structure with covered park­ing facilities below street level and is constructed primarily of masonry, with interior walls of wood frame and exterior walls of brick and concrete block.

3.   Description of Units.  The designation of each unit-, a statement of its location, approximate area and number of rooms and its proportionate interest in the common areas and facilities are set forth in Schedule A attached hereto and made a part hereof. All units have immediate access to hallways and balconies thereto as shown on the floor plan hereinafter referred to.  The boundaries of each of the units with respect to the floors, ceilings, walls, windows and doors thereof are as follows:

a.   Floors:  the plane of the upper surface of the floor slab or plywood underlayment, as the case may be.
b.   Ceilings:  the plane of the lower surface of the exposed ceiling.
c.   Walls:  the plane of the interior surface of the dry walls.
d.   Doors:  the plane of the exterior surface of the doors.
e.   Windows:  the interior frame of the windows and ex­terior surface of the glass.

4.   Description of the Common Areas and Facilities.  The com­mon areas and facilities of the condominium shall include such areas and items listed as such in Section 1 of said Chapter 183A and located on the Property, including without limitation, the common room and roof garden, all areas and facilities of the condo­minium which are not within a unit of the condominium and all utility lines, apparatus, installations and other facilities con­tained within the common areas and/or within any unit except those which are located within the boundaries of an individual unit and exclusively serve that unit.

All of the units will be conveyed together with their respec­tive undivided interest in the common areas and facilities as set forth in said Schedule A, will have the benefit of the right to use the common areas and other facilities in common with others entitled thereto except that (a) unit owners may be granted by the Unit Deed or by the Austin Court Condominium Association By-Laws an easement or the exclusive use of storage, (b) each unit owner will have an easement for the exclusive use of a balcony or terrace to which a unit has direct and exclusive access, (c) each unit will be con­veyed subject to an easement to permit maintenance therein of such of the common facilities as are located therein, and (d) unit owners may be assigned parking spaces in the common areas at rentals established by the Austin Court Condominium Association, all as may be provided in said By-Laws and rules and regulations adopted thereunder.

5.   Floor Plan.  Simultaneously with the recording hereof, there has been recorded a set of floor plans for the building of the condominium entitled “Austin Court Condominium, Cambridge, Massachusetts”, by Hill, Miller, Friedlander and Hollander, Inc. and dated            , 1973, which show the layout, location, unit numbers and dimensions of all units in the buildings in the condo­minium.

6.   Use of the Units.  The building and each of the units are intended for residential purposes and such other ancillary uses as may be allowed in multi-family dwellings located in the zoning district which the Property is located, as set forth in the Zoning By-Laws in the City of Cambridge or other applicable munici­pal regulations, as the same may be amended from time to time. 

7.   Amendment of Master Deed.  This Master Deed may be amended from time to time by written instrument, signed and acknowledged by 66 2/3 percent in number and in common interest of all unit owners and recorded with the Middlesex South Registry of Deeds, provided, however, that the assent by a unit owner of a unit encumbered by a first mortgage upon an instrument of amendment of this Master Deed shall not be effective unless countersigned on said instrument or otherwise assented to upon an instrument re­corded with said Registry by the holder of such first mortgage, provided, further, that the percentage of undivided interest of each unit owner in the common areas and facilities shall not be altered without the consent of all unit owners and all holders of first mortgages of record on units. 

8.   Name of Condominium.  The Condominium shall be known as Austin Court Condominium.  An unincorporated association of unit owners to be known as Austin Court Condominium Association, through which the unit owners will manage and regulate the Condominium. has been formed and has enacted By-Laws pursuant to Chapter 183A.  The names of the original and present members of the Managing Board of said Association are Louis F. DiGiovanni, Lewis G. Pollock and Edward R. Haddad.

9.   Encroachments.  If any portion of the common areas and facilities now encroaches upon any unit, or if any unit now encroaches upon any other unit or upon any portion of the common areas and facilities or if any such encroachment shall occur hereafter as a result of (a) settling of the building, or (b) alteration c-r re­pair to the common areas and facilities by or with the consent of the Managing Board, or (c) as a result of repair or restoration of the Building or a unit after damages by fire or other casualty, or (d) as the result of condemnation or eminent domain proceedings, a valid easement shall exist for such encroachment and for the maintenance of the same so long as the building stands.

10.  Units Subject to Master Deed, Unit Deed, By-Laws, and Rules and Regulations.  All present and future owners, tenants, visitors, servants and occupants of units shall be subject to, and shall comply with, the provisions of this Master Deed, the Unit Deed’, the By-Laws and the Rules and Regulations, as they may be amended from time to time.  The acceptance of a deed or con­veyance of any unit shall constitute an agreement that (a) the provisions of this Master Deed, the Unit Deed, the By-Laws and the Rules and Regulations, as they may be amended from time to time, are accepted and ratified by such owner, tenant, visitor, servant or occupant, and all of such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in such unit, as though such provisions were recited and stipulated at length in each and every deed or conveyance or lease thereof, and (b) a violation of the provisions of this Master Deed, the Unit Deed, By-Laws or Rules and Regulations by any such person shall be deemed a substantial violation of the duties of the Condominium unit owner,

11.  Invalidity.  The invalidity of any provisions of this Master Deed shall not be deemed to impair or affect in any manner the validity, enforceability or effect of the remainder of this Master Deed and, in such event, all of the other provisions of this

Master Deed shall continue in full force and effect as if such invalid provision had never been included herein.

12.   Waiver.  No provision contained in this Master Deed shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violations or breaches which may occur.

13.  Captions.  The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of this Master Deed nor the intent of any provision hereof.

14.  Conflicts.  This Master Deed is set forth to comply with the requirements of Chapter 183A of the General Laws of the Commonwealth of Massachusetts.  In case any of the provisions stated above conflict with the provisions of said statute/ the provisions of said statute shall control.

IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this      day of         , 197 .

Louis F. DiGiovanni, Trustee as aforesaid and not individually

Lewis G.Pollock, Trustee as aforesaid and not individually

COMMONWEALTH OF MASSACHUSETTS County SS .                                        , 197

Notary Public My commission expires:

Then personally appeared the above-named LOUIS F. DI GIOVANNI and LEWIS G. POLLOCK, Trustees as aforesaid, and acknowledged the foregoing to be their free act and deed before mo

Notary Public My commission expires:

SCHEDULE A

AUSTIN COURT CONDOMINIUM

Unit Designation


Location

Approximate Area

Number of Rooms

Percentage Interest in Common Areas and Facilities

11

12

13

14

15

1st floor

1st floor

1st floor

1st floor

1st floor

929 sq ft

653 sq ft

429 sq ft

653 sq ft

929 sq ft

4 rms,1 bath

3 rms,1 bath

2 rms,l bath

3 rms,1 bath

4 rms,1 bath

3.4923

3.1419

2.6690

3.1193

3.3792

21

22

23

24

25

2nd floor

2nd floor

2nd floor

2nd floor

2nd floor

929 sq ft

653 sq ft

429 sq ft

6S3 sq ft

929 sq ft

4 rms,1 bath

3 rms,l bath

2 rms,l bath

3 rms,1 bath

4 rms,1 bath

3.6050

3.2549

2.0908

3.2323

3.4923

31

32

33

34

35

3rd floor

3rd floor

3rd floor

3rd floor

3rd floor

929 sq ft

653 sq ft

429 sq ft

653 sq ft

929 sq ft

4 rms,l bath

3 rms,l bath

2 nns,l bath

3 rms,l bath

4 rms,1 bath

3.7183

3.3679

2.2038

3.3453

3.6053

41

42

43

44

45

4th floor

4th floor

4th floor

4th floor

4th floor

929 sq ft

653 sq ft

429 sq ft

653 sq ft

929 sq ft

4 rms,1 bath

3 rms,1 bath

2 rms,l bath

3 rms,l bath

4 rms,l bath

3.8313

3.4810

2.3169

3.4584

3.7748

51

52

53

54

55

5th floor

5th floor

5th floor

5th floor

5th floor

929 sq ft

653 sq ft.

429 sq ft

653 sq ft

929 sq ft

4 rms,l bath

3 rms,l bath

2 rms,l bath

3 rms,1 bath

4 rms,l bath

3.9443

3.5940

2.4299

3.5714

3.8878

61

62

63

64

65

6th floor

6th floor

6th floor

6th floor

6th floor

929 sq ft

653 sq ft

429 sq ft

653 sq ft

929 sq ft

4 rms,l bath

3 rms,l bath

2 rms,l bath

3 rms,1 bath

4 rms,l bath

4.0574

3.7070

2.5429

3.6844


4.0009


Amendment to the Master Deed (1999-02-08): 

The undersigned, being at least sixty-six and two-thirds percent (66 2/3%) in number and in common interest of all Unit Owners of Austin Court Condominium created by Master Deed dated April 24, 1973 and recorded with the Middlesex South Registry of Deeds in Book 12532, Page 177, hereby amend said Master Deed by adding the following paragraph to Section 6 thereof:

Any and all leases or rental agreements shall be in writing, shall be for an initial term of not less than six (6) months, and shall be subject to the requirements of this Master Deed, the Bylaws and any Rules and Regulations as the same may be amended or adopted from tine to time. Copies of all leases shall be provided to the Board of Managers within fourteen (14) days after execution thereof. The provisions of this paragraph shall not apply to (i) any leases, subleases or rental agreements executed prior to the date of this Amendment, but shall apply to any renewals or extensions thereof, or (ii) any first mortgagee in possession of a Unit by virtue of a foreclosure action or deed in lieu of foreclosure.

All other provisions of the Master Deed, as amended of record, shall remain in full force and effect and are hereby ratified and confirmed.

Executed under seal this 9 day of February, 1999.

Information reviewed and modified 2016-01-28.