PROTECTIVE COVENANTS FOR FISHERMANS COVE
FALMOUTH, MASSACHUSETTS
WHEREAS, CAPETOWN BUILDING CORPORATION, a corporation duly established under the laws of the Commonwealth of Massachusetts and having its principal place of business at 8 Craig Lane, Hingham, Plymouth County, Massachusetts, is the owner of a certain tract of land in that part of Falmouth known as Davisville, at, around, or near Bournes Pond, and more particularly shown on a plan of land entitled “Modified Definitive Plan with Easement Revisions, Fishermans Cove, Falmouth, Massachusetts” recorded Barnstable County Registry of Deeds, Plan Book 256, Page 8; and Plan Book 248, page 135 – 141.
WHEREAS it is the intention of Capetown Building Corporation to develop the land shown on said plan of record into a desirable community of homes in natural surroundings to be known and identified as “Fishermans Cove.”
NOW THEREFORE said Capetown Building Corporation and its successor, Fisherman's Cove Home Owners Association (FCHOA), does hereby set forth certain restrictions, rights, privileges and conditions to govern the use of land shown on the plans to discourage and minimize property depreciation within the subdivision and to enhance and appreciate the property values for the mutual enjoyment and privacy of all lot owners. The following restrictions, rights, privileges, and appurtenances shall apply to any lot or combination of lots or any parcel of land when incorporated by reference in the deed to said land:
WHEREAS it is the intention of Capetown Building Corporation to develop the land shown on said plan of record into a desirable community of homes in natural surroundings to be known and identified as “Fishermans Cove.”
NOW THEREFORE said Capetown Building Corporation and its successor, Fisherman's Cove Home Owners Association (FCHOA), does hereby set forth certain restrictions, rights, privileges and conditions to govern the use of land shown on the plans to discourage and minimize property depreciation within the subdivision and to enhance and appreciate the property values for the mutual enjoyment and privacy of all lot owners. The following restrictions, rights, privileges, and appurtenances shall apply to any lot or combination of lots or any parcel of land when incorporated by reference in the deed to said land:
- No structure shall be erected, placed, maintained or moved on any lot until the building and site plans have been approved by Capetown Building Corporation (now FCHOA). Said approval must be given in writing suitable for recording with the Registry of Deeds and no approval will be unnecessarily withheld providing the type of architecture conforms with the general architecture of the majority of buildings within the subdivision.
- Not more than one single-family dwelling, nor more than one garage either attached or detached, suitable for the accommodation of not more than three motor vehicles shall be erected or placed on any lot.
- No live trees of more than six inches in diameter at breast height shall be removed without approval of Capetown Building Corporation, (FCHOA) excepting as necessary for building construction, site development, or grading.
- The owner of a lot shall keep that portion of the land between his front property line and the edge of the traveled way cleared of underbrush and debris.
- The exterior of any building erected on any lot and landscaping and grading in connection therewith shall be finished and completed within six (6) months after commencement of construction.
- No boats of over 16 feet in length and no house trailer of any kind may be stored on any lot unless screened from view in some fashion.
- Bulldozers or other crawlers of cleated machines are prohibited from unloading or traveling on any paved way unless pavement is protected.
- No unregistered vehicles shall be placed or stored on any lot where exposed to public view nor shall any vehicle parts be exposed to view.
- No commercial vehicles over a ¾ ton rating shall be parked in the open overnight.
- No animals of any kind may be kept or maintained accepting domestic household pets, unless with the written approval of Capetown Building Construction (FCHOA) and of the abutting property owners..
- Construction of each dwelling shall include the installation of a post lantern placed not more than four feet from the street property line, of the continuously operating gas type or an electric light operated by a photo-electric switch, to provide continuous nighttime lighting.
- No clothes yards, rubbish, or waste cans may be placed or maintained on any lot in such a manner as to be detrimental to the property value of the adjoining property owners.
- Developer shall be the sole judge of use and development of recreation areas and no live trees of more than three inches in diameter at breast height within the recreation areas shall be cut or removed without unanimous consent of abutters of said recreation area.
- Nothing in these restrictions shall operate in any way to restrict the Developer or any person, firm or corporation, while acting on behalf of the Developer, in its realty business during the course of the development of Fishermans Cove. Without restricting its generality, this provision shall include the right to erect signs, signboards, permanent or temporary structures, including trailers, model homes and offices, and do all things which in the Developer’s judgment are for the best interest and development of Fishermans Cove.
- Capetown Building Construction, its successors and assigns, (FCHOA) may appoint or delegate an agent, agents, corporation or association to carry out any and all the foregoing restrictions as to enforcement, approval, privileges, rights and other matters, said appointment to be in writing duly recorded or registered in the Registry of Deeds for Barnstable County.
- Capetown Building Construction, its successors and assigns, (FCHOA) or their duly authorized delegate as provided in the preceding paragraph, shall have the right to waive, alter or amend any of the foregoing restrictions in the event that it becomes necessary or equitable to do so, and Capetown Building Construction, its successors and assigns, or their delegates shall be the sole judge as to the propriety of such waiver, alteration or amendment, said alteration, amendment, etc., to be recorded in Barnstable Registry of Deeds.
BY-LAWS FOR FISHERMAN'S COVE
FALMOUTH, MASSACHUSETTS
ARTICLE #1 NAME
The name of the Corporation is Fisherman’s Cove Homeowners Association, Inc.
ARTICLE #2 PURPOSES FOR WHICH CORPORATION FORMED
For civic and social purposes, to wit – to promote and encourage conservation and protection of the environment and the ecology of Fisherman’s Cove area in East Falmouth, including the public as well as the private sector and to promote the same objectives in the Falmouth area also, particularly where they coincide: to promote the planting of ornamental trees and shrubs and otherwise improving the environment in and around the development of Fisherman’s Cove – finally to further the recreation and enjoyment of the inhabitants through promotion of participation in civic and social gatherings and active participation in the Town of Falmouth affairs. It shall be a non-profit Corporation.
ARTICLE #3 MEMBERSHIP
Shall consist of each and every homeowner of record in the Fisherman’s Cove development who chooses to join and agrees to pay the annual dues. The amount of annual dues will be determined for the subsequent year by a majority vote of the general membership during the annual meeting as established in Article #11 of the By-Laws. Owners of multiple houses will pay dues for one property, only. Dues will be payable during the period July 1st through the date of the Annual meeting of each year. Members not paying dues by the Annual meeting will be considered "delinquent" and notified of their status. Members not paying dues by October 1st will be dropped from the roles of the Association. Dropped members will be reinstated upon payment of dues for the current fiscal year. Each homeowner shall be entitled to one vote in the name of the "owner" of record, be it individual, joint or otherwise, and where more than one home in the Cove is owned by a person or group or Association or corporation or trust or otherwise, that owner shall be entitled to one vote. The above shall be the only type of membership. Renters, although not members, may participate in Association functions if their homeowner of record is a dues-paying member of the Association.
ARTICLE #4 OFFICERS
The officers of the Association shall consist of President, Vice President, Treasurer, Secretary and a Board of Directors of eleven members.
ARTICLE #5 PRESIDENT
Elected by a majority vote of a quorum of the membership of the Association at its annual meeting in August of each year, and will be installed and assume his/her duties as of that date until the date of the annual meeting of the succeeding year. He/she shall manage the day-to-day affairs of the Association, preside at the membership meetings and shall appoint the chairperson of each committee authorized by a vote of the Board of Directors. When there is no authorized committee, the President may establish a committee but he/she must request authorization to continue that committee from the Board of Directors and he/she shall abide by the decision of the Board.
ARTICLE #6 VICE PRESIDENT
Elected by a majority vote of a quorum of the membership of the Association at its annual meeting in August of each year, and will be installed and assume his or her duties as of that date until the date of the annual meeting the succeeding year. He/she shall be responsible for the operation of all committees authorized by a vote of the Board of Directors and in the absence of the President, he/she shall assume the duties of the President as specified in Article #5 preceding, subject to the approval of the Board of Directors.
ARTICLE #7 TREASURER
Elected by a majority vote of the membership of the Association at the annual meeting in August of each year, and will assume the duties as Treasurer as of that date until the date of the annual meeting of the succeeding year. He or she shall keep FULL AND ACCURATE ACCOUNTS of the receipts and disbursements in books belonging to the Corporation and shall deposit all monies to the credit of the Corporation in checking and/or savings accounts in the Bank or Banks approved by the Directors, specifying that all checks, drafts and other withdrawals from said accounts shall be countersigned by the President of the Corporation. The Treasurer shall disburse funds by voucher approved by the Board of Directors and the President.
ARTICLE #8 SECRETARY
Elected by a majority vote of the membership of the Association at the annual meeting in August of each year, and will assume the duties as Secretary as of that date until the date of the annual meeting of the succeeding year Shall be sworn to the faithful performance of his or her duties, shall keep a detailed record of proceedings at all meetings of the Association and of the Board of Directors and shall prepare all notices of meetings duly called, said notices to be mailed postpaid and prior to said meetings according to the time limit as set forth in these By-laws.
ARTICLE #9 BOARD OF DIRECTORS
The Board of Directors shall consist of eleven members.
Seven (7) members shall be elected by the membership at the annual meeting of the Association to serve a term of one year.
The President, Vice President, Treasurer and Secretary shall constitute the 8th through 11th members of the Board and shall be precluded from holding the office of Chairman of the Board coincidentally.
The Chairman of the Board shall be selected annually by a vote of the Board at the first Board meeting subsequent to the annual election. It shall require a minimum of six (6) votes to elect a chairman and the Board would meet quarterly subsequent to the annual election.
A minimum of six (6) members must be present at any Board meeting before any Association business can be acted upon. Providing that six (6) or more members are present, a majority vote shall be binding.
The Board shall:
Have the power to fill any vacancy in the officer corps or on the Board that shall occur during the yearly period between elections.
Have the power to designate the kinds of committees needed, in its opinion, to further the purposes of the Association.
Authorize all purchases and expenditures of the Association including, but not limited to, amounts to be disbursed by the various committees, petty cash funds, contracts, etc.
Have the power to audit the books of the Association and designate the bank(s) to be used for the deposit of Association monies.
Have the power, after an appropriate vote, to direct the officers of the Association in the conduct of Association business and in the projects and uses to which the various committees shall be committed.
Hold a minimum of four (4) Board meetings each fiscal year. Such meetings shall be held quarterly at a date and time to be determined by the President with the concurrence of a majority of the Board.
The Board may, at its discretion, schedule such other meetings as it feels are necessary to conduct the business of the Association.
ARTICLE #10 FISCAL YEAR
The fiscal year shall be from July 1 to June 30 of each year.
ARTICLE #11 ANNUAL MEETING
The annual meeting of the Corporation shall be held each year at seven thirty P.M. (7:30 P.M.) on the first Friday in August.
ARTICLE #12 MEETINGS
The words “meeting of the Corporation” mean a meeting of the entire membership and all other meetings shall be specifically described in the notice thereof, such as “special meeting of membership”, and at any meeting of the membership there must be a quorum present and voting to constitute a legal meeting – it being understood that a quorum means more than one-quarter of the membership of record. Wherever “majority vote” is used it shall mean more than one-half of the voting membership present and voting at a legal meeting. If, at any legal meeting of the membership there is not a quorum present, it may be adjourned to a day certain and the members notified of the date of postponement.
Special meetings shall be called by the Board of Directors, at the request of any seven (7) members thereof or may also be called by a request in writing signed by any ten (10) voting members and forwarded to the Secretary of the Corporation. In an emergency, the Secretary or the President of the Corporation may call a special meeting by giving notice of same at least six (6) days before the date thereof. At any special meeting only the matter or matters specified in the notice thereof can be taken up.
Members may vote either in person or by written proxy dated no more than one (1) month before the meeting named therein, which proxies shall be filed before being voted with the Secretary or other person responsible for recording the proceedings of the meeting. Unless otherwise specifically limited by their terms, such proxies shall entitle the holders thereof to vote at any adjournment of the meeting, but the proxy shall terminate after the final adjournment of such meeting.
ARTICLE #13 BY LAWS
The By-laws of the Corporation may only be amended at an annual meeting or at a special meeting called for that purpose, provided notice has been given of the proposed change or changes, said notice containing the exact wording of the said proposed amendment or amendments AND PROVIDED FURTHER that the notice of such meeting is mailed at least fourteen (14) days before the date set for the meeting.
ARTICLE #14 DISSOLUTION
Dissolution of the Corporation can be effected only after full compliance with the existing laws and statutes of the Commonwealth, particularly any voluntary dissolution, effected only after duly legal resolution of the Board of Directors referred to the full membership and only then after a two-thirds vote of the membership present and voting at a legally called meeting with a quorum present and voting.
The name of the Corporation is Fisherman’s Cove Homeowners Association, Inc.
ARTICLE #2 PURPOSES FOR WHICH CORPORATION FORMED
For civic and social purposes, to wit – to promote and encourage conservation and protection of the environment and the ecology of Fisherman’s Cove area in East Falmouth, including the public as well as the private sector and to promote the same objectives in the Falmouth area also, particularly where they coincide: to promote the planting of ornamental trees and shrubs and otherwise improving the environment in and around the development of Fisherman’s Cove – finally to further the recreation and enjoyment of the inhabitants through promotion of participation in civic and social gatherings and active participation in the Town of Falmouth affairs. It shall be a non-profit Corporation.
ARTICLE #3 MEMBERSHIP
Shall consist of each and every homeowner of record in the Fisherman’s Cove development who chooses to join and agrees to pay the annual dues. The amount of annual dues will be determined for the subsequent year by a majority vote of the general membership during the annual meeting as established in Article #11 of the By-Laws. Owners of multiple houses will pay dues for one property, only. Dues will be payable during the period July 1st through the date of the Annual meeting of each year. Members not paying dues by the Annual meeting will be considered "delinquent" and notified of their status. Members not paying dues by October 1st will be dropped from the roles of the Association. Dropped members will be reinstated upon payment of dues for the current fiscal year. Each homeowner shall be entitled to one vote in the name of the "owner" of record, be it individual, joint or otherwise, and where more than one home in the Cove is owned by a person or group or Association or corporation or trust or otherwise, that owner shall be entitled to one vote. The above shall be the only type of membership. Renters, although not members, may participate in Association functions if their homeowner of record is a dues-paying member of the Association.
ARTICLE #4 OFFICERS
The officers of the Association shall consist of President, Vice President, Treasurer, Secretary and a Board of Directors of eleven members.
ARTICLE #5 PRESIDENT
Elected by a majority vote of a quorum of the membership of the Association at its annual meeting in August of each year, and will be installed and assume his/her duties as of that date until the date of the annual meeting of the succeeding year. He/she shall manage the day-to-day affairs of the Association, preside at the membership meetings and shall appoint the chairperson of each committee authorized by a vote of the Board of Directors. When there is no authorized committee, the President may establish a committee but he/she must request authorization to continue that committee from the Board of Directors and he/she shall abide by the decision of the Board.
ARTICLE #6 VICE PRESIDENT
Elected by a majority vote of a quorum of the membership of the Association at its annual meeting in August of each year, and will be installed and assume his or her duties as of that date until the date of the annual meeting the succeeding year. He/she shall be responsible for the operation of all committees authorized by a vote of the Board of Directors and in the absence of the President, he/she shall assume the duties of the President as specified in Article #5 preceding, subject to the approval of the Board of Directors.
ARTICLE #7 TREASURER
Elected by a majority vote of the membership of the Association at the annual meeting in August of each year, and will assume the duties as Treasurer as of that date until the date of the annual meeting of the succeeding year. He or she shall keep FULL AND ACCURATE ACCOUNTS of the receipts and disbursements in books belonging to the Corporation and shall deposit all monies to the credit of the Corporation in checking and/or savings accounts in the Bank or Banks approved by the Directors, specifying that all checks, drafts and other withdrawals from said accounts shall be countersigned by the President of the Corporation. The Treasurer shall disburse funds by voucher approved by the Board of Directors and the President.
ARTICLE #8 SECRETARY
Elected by a majority vote of the membership of the Association at the annual meeting in August of each year, and will assume the duties as Secretary as of that date until the date of the annual meeting of the succeeding year Shall be sworn to the faithful performance of his or her duties, shall keep a detailed record of proceedings at all meetings of the Association and of the Board of Directors and shall prepare all notices of meetings duly called, said notices to be mailed postpaid and prior to said meetings according to the time limit as set forth in these By-laws.
ARTICLE #9 BOARD OF DIRECTORS
The Board of Directors shall consist of eleven members.
Seven (7) members shall be elected by the membership at the annual meeting of the Association to serve a term of one year.
The President, Vice President, Treasurer and Secretary shall constitute the 8th through 11th members of the Board and shall be precluded from holding the office of Chairman of the Board coincidentally.
The Chairman of the Board shall be selected annually by a vote of the Board at the first Board meeting subsequent to the annual election. It shall require a minimum of six (6) votes to elect a chairman and the Board would meet quarterly subsequent to the annual election.
A minimum of six (6) members must be present at any Board meeting before any Association business can be acted upon. Providing that six (6) or more members are present, a majority vote shall be binding.
The Board shall:
Have the power to fill any vacancy in the officer corps or on the Board that shall occur during the yearly period between elections.
Have the power to designate the kinds of committees needed, in its opinion, to further the purposes of the Association.
Authorize all purchases and expenditures of the Association including, but not limited to, amounts to be disbursed by the various committees, petty cash funds, contracts, etc.
Have the power to audit the books of the Association and designate the bank(s) to be used for the deposit of Association monies.
Have the power, after an appropriate vote, to direct the officers of the Association in the conduct of Association business and in the projects and uses to which the various committees shall be committed.
Hold a minimum of four (4) Board meetings each fiscal year. Such meetings shall be held quarterly at a date and time to be determined by the President with the concurrence of a majority of the Board.
The Board may, at its discretion, schedule such other meetings as it feels are necessary to conduct the business of the Association.
ARTICLE #10 FISCAL YEAR
The fiscal year shall be from July 1 to June 30 of each year.
ARTICLE #11 ANNUAL MEETING
The annual meeting of the Corporation shall be held each year at seven thirty P.M. (7:30 P.M.) on the first Friday in August.
ARTICLE #12 MEETINGS
The words “meeting of the Corporation” mean a meeting of the entire membership and all other meetings shall be specifically described in the notice thereof, such as “special meeting of membership”, and at any meeting of the membership there must be a quorum present and voting to constitute a legal meeting – it being understood that a quorum means more than one-quarter of the membership of record. Wherever “majority vote” is used it shall mean more than one-half of the voting membership present and voting at a legal meeting. If, at any legal meeting of the membership there is not a quorum present, it may be adjourned to a day certain and the members notified of the date of postponement.
Special meetings shall be called by the Board of Directors, at the request of any seven (7) members thereof or may also be called by a request in writing signed by any ten (10) voting members and forwarded to the Secretary of the Corporation. In an emergency, the Secretary or the President of the Corporation may call a special meeting by giving notice of same at least six (6) days before the date thereof. At any special meeting only the matter or matters specified in the notice thereof can be taken up.
Members may vote either in person or by written proxy dated no more than one (1) month before the meeting named therein, which proxies shall be filed before being voted with the Secretary or other person responsible for recording the proceedings of the meeting. Unless otherwise specifically limited by their terms, such proxies shall entitle the holders thereof to vote at any adjournment of the meeting, but the proxy shall terminate after the final adjournment of such meeting.
ARTICLE #13 BY LAWS
The By-laws of the Corporation may only be amended at an annual meeting or at a special meeting called for that purpose, provided notice has been given of the proposed change or changes, said notice containing the exact wording of the said proposed amendment or amendments AND PROVIDED FURTHER that the notice of such meeting is mailed at least fourteen (14) days before the date set for the meeting.
ARTICLE #14 DISSOLUTION
Dissolution of the Corporation can be effected only after full compliance with the existing laws and statutes of the Commonwealth, particularly any voluntary dissolution, effected only after duly legal resolution of the Board of Directors referred to the full membership and only then after a two-thirds vote of the membership present and voting at a legally called meeting with a quorum present and voting.