Lakefield Farms
21 Great Hill Road, South Sandwich, MA

Lakefield Farms is a community of 265 homes with its own clubhouse, tennis court and beach on Lawrence Pond. All property owners have deeded rights to these facilities and are required to pay annual assessments to support and maintain them.

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Lakefield Farms Trust Documents

* TRUST SUMMARY
* LAKEFIELD FARMS PROPERTY OWNERS TRUST

BARNSTABLE COUNTY REGISTRY OF DEEDS
DOCUMENT: 07366
BOOK: 1620
PAGE: 006

TRUST SUMMARY (not subject to legal interpretation)

HISTORY:
Sea-Lake Corporation purchased Lot A (to be subdivided into Lakefield Farmsí neighborhood lots) and Lot B (club house and facilities lot) from Oliver C. Hoxie, Milton L. Hoxie and Channing E. Hoxie (lot plan dated May 1, 1971) on January 20, 1972.

Sea-Lake Corporation designated Paul Lynch and William Schweitzer as trustees of Lot B, upon which clubhouse and related facilities are to be constructed.

TERMS OF TRUST:

Lot B (clubhouse and facilities) is subject of Trust.

The beneficiaries of the Trust are the owners of subdivisions of Lot A.

The trustees of Lot B (clubhouse & facilities) manage, maintain and control the property for the benefit of the owners (Lot A subdivisions).

Powers of trustees:
-Trustees may suspend the voting rights of a beneficiary for unpaid assessments and for facility use rules violations.
-Trustees may suspend the use of recreational facilities of a beneficiary for unpaid assessments and for facility use rules violations.1
-Trustees may levy fines for rules violations of facility use and issue liens for unpaid fines against beneficiary property.2

IV. Trustees are empowered to execute contracts, transfers and other instruments relative to Trust property. Real estate transactions are subject to majority vote of owners/beneficiaries.

Assessments:
-Trustees are empowered to levy equal assessments for payment of operating expenses and taxes to the owners. Agreement to pay assessment is inherent upon becoming an owner.
-An assessment is a personal obligation of the owner/beneficiary at the time of assessment and is subject to lien against ownerís property. Personal obligation does not pass to successive owners unless expressly agreed.3
-Billings are to be sent to all owners.3
-Any assessment not paid within 30 days of due date is subject to a 10% interest charge from due date. Non-use or abandonment of property does not waive liability.3
-Assessment liens are subordinate to first mortgages. Foreclosure on property dissolves all assessment liens prior to foreclosure. Otherwise, no sale or transfer relieves the lot and its owner from liability of assessment.3

Trustees must record bank accounts, appointments and elections with the Barnstable County Registry of Deeds before such action can take effect.

Each trustee is liable for his or her own breach of trust, not the other two. No bond is required of trustees. The Trustís books are open to ownersí inspection.

A trustee appointment, election, Trust amendment is not effective until recorded with the Barnstable County Registry of Deeds.

The original trustees, Lynch & Schweitzer, (by resignation or death) are to be replaced by majority vote of owners, with 3 trustees, each an owner, who will serve the Trust. Any trustee may be removed by majority vote of owners/beneficiaries.

It was established at the June, 1982 annual meeting that the 3 owner trustees were elected to 1, 2 and 3 year terms, respectively. Thereafter, a new trustee is to be elected for a 3-year term at the ownersí annual meeting. This ensures a ìnew bloodî replacement each year and minimizes collusion potential.

Amendments of the Trust must be approved by a 2/3 vote of the owners. A certificate of the amendment must be recorded at the Barnstable Registry of Deeds.

The Trust terminates in 20 years unless extended for additional periods of 20 years or more by majority vote of owners. The Trust was extended in March, 1992.

Amendment-June, 1982

2 Amendment-1987
3 Amendment-1983

Barnstable County Registry of Deeds
Book 1620
Page 003
Document 07365

LAKEFIELD FARMS PROPERTY OWNERS TRUST
(March 21, 1972, as amended through March,1992)

WHEREAS, SEA-LAKE CORPORATION, a corporation duly established under the laws of the Commonwealth of Massachusetts and having its principal place of bussiness at Box 264, Sandwich, Barnstable County, Massachusetts, is the owner of land in Sandwich (South), Barnstable County, Massachusetts, shown as Lots A, B and C on a Plan entitled, "Plan of Land of Oliver C. Hoxie, Jr. in Sandwich & Barnstable, Scale: 1" = 100', Aug. 29, 1968, Newell B. Snow, R.L.S., Buzzards Bay, Mass.," which said plan is duly filed with Barnstable County Registry of Deeds in Plan Book 252, Page 59, and shown as Lots A and B on plan entitled "Plan Of Land To Be Conveyed By Oliver C. Hoxie, Jr., Milton L. Hoxie & Channing E. Hoxie in South Sandwich Scale 1" = 100', May 1,1971, Newell B. Snow, R.L.S., Buzzards Bay, Mass.," which said plan is duly filed with said deeds in Plan Book 252, Page 60.
WHEREAS, SEA-LAKE CORPORATION acquired title to said land by several deeds now of record and additional land may be acquired bt further deeds of record; and
WHEREAS it is the intention of SEA-LAKE CORPORATION to develop the land described in said deeds and as shown on the various plans of record or plans to be recorded, into a desirable community of homes in natural surroundings to be known and identified as "LAKEFIELD FARMS."
NOW THEREFORE, said SEA-LAKE CORPORATION does hereby set forth certain restrictions, rights, privileges and conditions to govern the use of the land shown on the plans and described in the deeds to discourage and minimize property depreciation within the several subdivisions 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:

(1) No lot shall be further subdivided or used for road purposes.
(2) No building or structure shall be erected, moved onto said premises, remodeled as to exterior thereof, or added to on said premises, until the plans and site locations have been approved by written instrument recorded at the Barnstable County Registry of Deeds. Approval shall not be unreasonably held and approval shall not be withheld if the architectural design of the proposed design is similar and in keeping with the general architectural design of the other homes in "LAKEFIELD FARMS."
(3) The exterior of any building erected on any lot and the landscaping and grading in connection therewith shall be finished and completed within six (6) months after commencement of construction.
(4) No trucks or commercial vehicles of any kind whatsoever shall be parked in the open overnight.
(5) No boats over twenty (20) feet in length and no trailer of any kind may be stored on any lot.
(6) No trade or business activity of any kind shall be carried on upon the granted premises other than the practice of a profession, in conjunction with the use of the premises as a domicile, by a doctor, dentist, lawyer or accountant, except by written consent. All persons having an interest in the premises waive any objections to the temporary use of any lot within the subdivision as an office of the Grantor.
(7) No signs of any kind shall be placed on or maintained on the granted premises without written consent, except one of reasonable size bearing the name of the owner or occupant. The Trustees of the Lakefield Farms Property Owners Trust reserve the right to enter upon the granted premises and remove any sign erected or maintained thereon, which in the Trustees opinion, is in violation of this restriction.
(8) No clothesyards, rubbish or waste cans may be placed or maintained on any lot in such a manner as to be detrimental to the view and property value of the adjoining property owners.
(9) No animals of any kind may be kept or maintained, except domestic household pets, unless with the written approval of the TRUSTEES OF THE LAKEFIELD FARMS PROPERTY OWNERS TRUST, and of the abutting property owners.
(10) The owner of a lot shall keep that portion of the land between his front property line and the edge of the travelled way cleared of underbrush and debris.
(11) These general restrictions and conditions, as set forth hereunder, are supplemental and complimentary to the zoning requirements of the Town of Sandwich; provided, however, that no variance by the Town of Sandwich shall in any way be construed to reduce the restriction requirements as are set forth herein.
(12) In the event of a violation or breach of any of these restrictions, the TRUSTEES OF THE LAKEFIELD FARMS PROPERTY OWNERS TRUST, or any INDIVIDUAL PROPERTY OWNER in LAKEFIELD FARMS, shall have the right to proceed at law or in equity to compel compliance with the terms hereof or to prevent the violation or breach of any of them. The failure to enforce any right, reservation, restriction or condition contained herein, however long continued, shall not be deemed a waiver of the right to do so thereafter as to the same breach or as to a breach occurring prior to or subsequent thereto and shall not bar or affect its enforcement. The invalidation by any court of any restrictions herein contained shall not in any way affect any of the other restrictions which shall remain in full force and effect.
(13) The owners of each lot, by acceptance of a deed or conveyance of said lot, covenant and agree that the foregoing restrictions shall be covenants running with the land and shall be binding upon all succeeding owners of the same.
(14) All approvals or consents as set forth above shall be executed by the TRUSTEES OF THE LAKEFIELD FARMS PROPERTY OWNERS TRUST, or by such other person or agent as they may authorize by written instrument recorded at the Barnstable County Registry of Deeds.
(15) THE TRUSTEES OF THE LAKEFIELD FARMS PROPERTY OWNERS TRUST reserve the right to modify, amend or revoke these restrictions in any manner they may determine shall be of benefit to the lot owners in said "LAKEFIELD FARMS".

 

LAKEFIELD FARMS TRUST, P.O.Box 1074, Forestdale, MA 02644 • 428-8568