Next steps: Amendments and EV improvement
The amendments, which were approved by the community, were recorded and are now in effect. The working capital and rental amendments were recorded on Wednesday, September 13, 2023 and the smoking amendment was recorded on Thursday, September 14, 2023. Here are the things you should know:
Working capital policy amendment to the Declaration of Trust
A contribution to the working capital account equivalent to two months condominium fees is now a requirement for all future conveyances of the unit and will be charged to the unit ledger and due upon the transfer of the title. The working capital contributions are held in a separate account in accordance with MA General Laws 183A. This account was established when Baker Mill and Water Mill units transferred from Winn Development ownership.
The requirement applies to all units currently on the market and those under agreement, as well as future sales. If you are currently working with an agent or anticipate selling your unit in the near future, please advise your real estate agent of this new policy.
Rental policy amendment to the Declaration of Trust
This amendment will increase the minimum lease requirement from six (6) to twelve (12) months and require investor unit owners to perform a third-party background check of all tenants to verify that the proposed tenant(s):
- does not have a record of any felony convictions in the past seven (7) years
- is not a registered sex offender in any state
- has not been a party to any eviction action based on alleged lease violations in the past seven (7) years
This amendment will be enforced for all leases moving forward including extensions and renewals of leases currently in effect. Kindly contact the management office if you will need assistance identifying a third-party vendor to complete this verification.
Smoking policy amendment to the Master Deed
Smoking is now prohibited in all units with the exception of grandfathered unit owners (and current lessees/tenants). To be grandfathered, unit owners have 30 days from the date of recording to notify the management office that they would like to be a grandfathered unit owner or tenant (including submission of the current lease). Notification must be done in writing and can be submitted by email or hard copy to the management office. The deadline is Saturday, October 14, 2023.
Current tenants in a leased unit may be grandfathered for a period of six months (ending March 14, 2024) or until the term of their current lease expires, whichever is shorter. It is required that all investor unit owners inform their tenants that they can smoke until Thursday, March 14, 2024 or until the term of their current lease expires, whichever comes first. Please note that the grandfathering exemption is on an individual basis and not a per unit basis. Any lease that is entered beyond this date must prohibit smoking. If you need assistance with the notification process, please contact the management office.
Guests and visitors are not allowed to smoke in any unit. Smoking in all common areas remains prohibited.
The Board and Management received several questions about the list of grandfathered unit owners. The following Q & A’s address some common concerns:
Q. Who has access?
A. The Board and Management will have access to the list of grandfathered unit owners. Legal counsel for the condominium may also require information about the grandfathered status of a particular unit owner if rule enforcement issues arise. Board members have the responsibility to maintain confidentiality about unit owner matters. However, as part of the discovery process within a lawsuit filed in a Commonwealth or Federal court, this information may become known to those parties included within the lawsuit and their legal counsel.
Q. What will it be used for?
A. The list will establish which unit owners (and their current tenants) are grandfathered and allowed to smoke in their unit. This list would also be used for rule enforcement and tracking purposes (i.e., timeline of when the building will be smoke-free).
Q. How is it kept secure?
A. The list will be kept on Baker Square’s OneDrive Account which requires two-factor authentication.
Q. Will it be distributed to anyone?
A. No.The list would not be distributed to unit owners, tenants, or third parties.
EV charging station improvement
The EV charging station improvement vote was also approved. The next step is for the Board and Management to identify incentives for the construction of the EV charging stations. Incentives are offered by the state and utility companies.
Thank you for your participation and involvement in the voting process. Should you have questions, please contact the management office.
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