Note: Following are the Articles of Organization of a Massachusetts
Limited Equity Co-op. It is in many (but not all) ways identical to a lease in a
rental development. This document is not a substitute for legal counsel, but it
is a good starting point for developing an Occupancy Agreement.
BeachTown Cooperative Corporation hereby leases to the following Resident the
following apartment on the following terms and conditions (such lease being
referred to herein as the "Agreement"):
Name of Resident: (the "Resident")
Name of Development: BeachTown Cooperative ( the "Development")
BeachTown Cooperative Corporation, a Massachusetts cooperative corporation
(also sometimes referred to herein as the "Cooperative" or
"Owner") has been formed for the purpose of acquiring, controlling and
operating the Development as housing, cooperatively run by its residents, with
the intention that its members shall have the right to occupy the units under
the terms of occupancy agreements. The Resident is and at all times shall remain
a stockholder in the cooperative, and has the true intention to reside in a unit
of the Development.
The Development is operated by the Board of Directors of the Cooperative,
which is elected by Cooperative members according to the Corporation's By-laws.
The Board delegates substantial responsibility for day to day operations to the
A. MONTHLY CARRYING CHARGE:
Resident's monthly carrying charge for the leased apartment, except as may be
subsequently adjusted pursuant to Paragraph B of this Agreement, shall be $ per
month (the "Carrying Charge"), which represents a percentage of the
Resident's Adjusted Household Income. Resident's Carrying Charge shall be
payable in advance of the first day of each month, for that month, to Management
at the address in Section L of this Agreement, which address may be changed by
notice from Management or Owner to the Resident. If the term of the Agreement
includes a partial month, the Resident shall pay a pro rata portion of the
Carrying Charge for that month.
The Carrying Charge includes the following utilities and services: heat,
B. CARRYING COST ADJUSTMENTS:
The amount of the Carrying Charge due under this Agreement may be changed at
any time during the term hereof, or any extension or renewal, upon sixty (60)
days prior written notice to Resident, based upon any of the following reasons:
(a) subject to the provisions of Paragraph F(3) of this Agreement, a
change in the basic Carrying Charge schedule for the entire Development as
determined by the Cooperative, or
(b) by reason of the exclusion of a utility cost previously included as
part of Resident's Carrying Charge.
(c) any change in the Resident's adjusted household income.
If there is such a change in the Carrying Charge, Resident may terminate this
Agreement by giving written notice to Management within thirty (30) days of when
the change notice is sent. If Resident sends that termination notice to
Management, Resident will not be bound by the change. Such termination shall be
effective sixty (60) days after the date that the change was to become
effective. Such termination shall be subject to provisions of Section C of this
Agreement, except that a Resident terminating under this Section B shall not be
required to pay the increased portion of the Carrying Charge.
Notwithstanding the above, if at any point, including when the Resident is no
longer living in the Development, the Corporation determines that the Carrying
Charge stated above was computed based on incorrect or incomplete information,
whether provided by the Resident or by any other party, the Corporation may
adjust the Carrying Charge effective immediately and retroactive to the date of
this agreement to an amount computed based on the Corporation's more recent
information. The Corporation will notify the Resident in writing of the
adjustment, and the Resident will be bound by the Corporation's adjustment,
without any right to maintain the original Carrying Charge.
C. TERM OF AGREEMENT:
This Agreement is for a period of one (1) year, commencing on the Day of , 19
. Unless terminated as provided in Section B, Resident may terminate this
Agreement at any time by (a) giving sixty (60) days prior written notice to
Management, and (b) complying with the provisions of this Section and Article 5
of the Articles of Organization. The Resident shall be liable for the Carrying
Charge until the earlier of:
a. shares of stock with respect to the unit have been transferred in
accordance with Article 5 of the Articles of Organization, or
b. until the end of the sixty-day notice period.
On or before the termination date, the Resident must also:
a. endorse the Resident's stock certificate for transfer in blank;
b. pay all the amounts due under this Agreement up to the termination
c. vacate and return the unit to Management in as good condition as when
received, normal wear and tear excepted.
Until all the steps stated above are completed, the Resident will still be
liable for the costs of the unit, including the Carrying Charge. The Resident
must comply with all provisions of the Bylaws and Articles of Organization with
respect to the requirements of transfer of stock and limitation of compensation
to the Resident for such transfer.
If Resident is not currently occupying the Apartment, and if Management,
because of conditions beyond its control, is not able to deliver the apartment
to Resident within thirty (30) days from the time called for herein, either
party has the right to terminate this Agreement by written notice to the other
party, in which case there shall be refunded forthwith to Resident any payment
made hereunder, and this Agreement shall thereupon terminate without any
liability by either party to the other.
Management and Resident, within ten (10) days after commencement of tenancy,
shall inspect the dwelling unit as to its present condition. The Resident, by
signing the inspection form, Attachment 1, admits that the leased premises have
been inspected by him/her, meet with his/her approval, and that except as
otherwise noted on the Inspection Form, the apartment is ready for occupancy,
and that Management will not be required to paint, plaster or otherwise perform
any other work, labor or service prior to occupancy by Resident. Resident
acknowledges that the apartment is in a good livable condition, and agrees at
the end of the occupancy hereunder to deliver up and surrender the apartment to
Management in the same condition as when received, reasonable wear and tear
Prior to Resident's moving out, Management shall conduct with Resident an
inspection of apartment. At that inspection Management shall determine any need
for repairs or redecorating properly chargeable to the Resident. A written
statement specifying the damage involved shall be prepared at that time, and a
copy provided to Resident.
If resident moves out without notice, the inspection need not be carried out
in Resident's presence, but a written statement specifying the damage involved,
the correctional action taken and the resulting cost shall still be provided to
Resident if Resident provides Management with a forwarding address.
E. RESIDENT AGREES:
1. To pay Carrying Charge on the first day of each month. It is
understood that repeated late payment of Carrying Charges when due
constitutes a breach of this Agreement sufficient to justify its termination
by Management as hereinafter specified. The carrying charge will be deemed
late as of the sixth (6th) day of the month.
2. Not to cause the disruption or termination of electrical utility
services to the unit as a result of nonpayment of utility charges. It is
understood that disruption or termination of this service will seriously
jeopardize the health and safety of other residents and the physical
property and will justify the termination of this Agreement by Management as
3. To live in a peaceful way respecting the right of other residents to
privacy, security, and peaceful enjoyment and to refrain from all acts which
would interfere with such rights.
4. To maintain the unit in clean condition; to use all appliances,
fixtures, equipment in a safe manner and only for the purposes which they
are intended; not to litter, destroy, deface, damage or remove any part of
the apartment, common areas, or grounds. Common areas include but are not
limited to the lobby, elevators, hallways, staircases and the laundry room.
5. To remove garbage and trash from the apartment in a clean and safe
manner. All trash should be disposed of in closed plastic bags. If you have
any toxic garbage (batteries, paint, etc.) or trash that is too large to fit
down the chute, leave it in the trash room and then notify Management that
it is there.
6. To pay amounts due for lockouts, or for repairs for property damage,
reasonable wear and tear excepted, caused by the intentional or negligent
conduct of Resident, a member of the Resident's household or guests, upon
receipt of a bill from Management. The written bill sent to the Resident
shall include an itemization of damages, the corrective action taken and the
7. To report promptly to Management all maintenance problems and damage
to the apartment.
8. Not to assign or sublet the apartment nor to permit occupancy in the
apartment by persons not listed in Paragraph I of this Agreement without
obtaining in each instance the prior written approval of the Board, which
shall have final determination over sublets. Under no circumstances shall
any sublet agreement extend beyond the term of one year. The total monthly
carrying costs paid by Sublessee to Stockholder may not exceed the monthly
Carrying Charge designated by the Corporation under this agreement as it may
be subsequently modified or extended during the term of the Sublet Agreement
plus reasonable expenses for the rental of home furnishings and the like.
Each sublease shall be in writing in a form acceptable to the Corporation
and one original counterpart thereof, together with any amendments, shall be
filed with the Corporation prior to the commencement of the term of said
9. Resident may have house guests but must obtain advance written consent
from Management for a guest staying more than twenty-one (21) days in any
10. Resident agrees to obey the rules and regulations, which are attached
hereto as Attachment No. 2 and make a part hereof, as they may be amended
from time to time (the "Rules and Regulations").
11. To use the apartment for a private dwelling and for no other purpose
without the prior written consent of Management.
12. To allow Management to enter the apartment at reasonable times with
adequate notice to make repairs thereto, to make preventive maintenance
inspections, to exterminate or to show the premises to prospective residents
or representatives of the Department of Housing and Urban Development; in
cases of emergency, to allow Management to enter immediately. In the case of
performing necessary extermination service, the Resident agrees to cooperate
by properly preparing the unit in accordance with reasonable instructions
from the Management.
13. Not to maintain pets except as permitted by the Rules and
14. Not to create or allow to be created by Resident, members of
Resident's household, relatives, guests, invitees or agents, any disruptive,
noisy or otherwise offensive use of the leased premises; not to commit any
disturbance or nuisance, private or public; not to obstruct free use or
access of common areas.
15. Not to create or allow to be created by Resident, members of
Resident's household, relatives guests, invitees or agents any unlawful acts
or any unlawful use of the apartment, common areas, or development grounds;
such acts or use to include but not limited to the illegal sale, use or
possession of drugs or other controlled substances or the commission of acts
that cause or threaten to cause physical harm to others.
16. Not to paint, decorate or otherwise embellish and/or change nor make
any additions or alterations to the apartment except as permitted by the
Rules and Regulations.
17. To request and obtain written permission from Management in advance
for any increase in household size for reasons other than the birth or
adoption of a child, submitting at the time of the request a revised
application for residency, including the proposed new household members(s).
Failure to obtain such permission from Management shall be sufficient
grounds for Management to terminate this Agreement as hereinafter specified.
18. To be solely responsible for insuring the personal property of
Resident. Resident hereby acknowledges that all personal property in or
about the apartment or any other part of the Development shall be at the
sole risk of the Resident, subject to the provisions of applicable law.
Management and Owner shall not be liable for damage to or loss of property
of any kind which may be lost or stolen, damaged or destroyed by fire,
water, steam by any other cause whatsoever, while in the apartment or in any
storage space in the building or elsewhere on the or about the Development
or for any personal injury unless caused by the negligence or other
misconduct of Management. Resident acknowledges that Management does not
provide insurance for Resident's personal property.
19. Locks shall not be changed, altered or replaced nor shall new locks
be added by the resident without the written permission of Management. Any
locks so permitted to be installed shall become the property of Management
and shall not be removed by the Resident. The Resident shall promptly give a
duplicate key to any such changed, altered, replaced or new lock to
Management. Upon expiration or termination of this Agreement, resident shall
deliver the keys of the apartment to Management.
20. Resident shall, upon request, provide such information and
certifications with regard to its household income as may be requested from
time to time by Owner or Management.
21. As a Cooperative, the Corporation relies on the participation of its
members. Resident agrees to attend up to four hours of training within sixty
days of moving in or as soon as provided by the Cooperative, and to attend
Annual and Special Meetings of the Corporation, called in accordance with
the Corporation By-laws.
F. MANAGEMENT, ON BEHALF OF OWNER, AGREES:
1. To maintain the leased apartment, common areas and equipment located
therein in good condition in compliance with the State Sanitary Code and all
other applicable laws, rules and regulations of agencies of competent
2. Without limiting the foregoing, to repair all defects in the leased
premises and common areas not caused by tenant negligence as promptly as
possible after receipt of notice from Resident.
3. To implement Development-wide carrying charge increases no more than
once in any twelve (12) month period, including the first year of occupancy,
and when such increases occur to give sixty (60) days written notice to
4. To enter the Resident's unit only for the purposes of showing the unit
to prospective applicants for housing or to representatives of the
Department of Housing and Urban Development, making repairs, or preventive
maintenance inspections. Management shall enter the unit only after giving
reasonable notice to the Resident and at a reasonable time, provided that
Management may enter immediately at any time if Management believes an
emergency exists. Management must always give notice within 24 hours to
Resident of the date, time and nature of the emergency which necessitated
entry if Resident was not home at the time of entry.
5. To give Resident not less than fourteen (14) days written notice prior
to terminating this Agreement for nonpayment of Carrying Charges.
6. To give Resident not less than thirty (30) days written notice prior
to termination of this Agreement for reasons other than nonpayment of
Carrying Charge. All notices of termination shall be in clear and
understandable terms and shall include:
a. a full statement of the reason(s) for the action;
b. reference to the alleged violation(s) of this Agreement and
the alleged facts upon which the action is based; and
c. the action, if any, which the resident may take to remedy the
defect for which the notice was issued;
7. To impose no fees, penalties, costs or other charges on Resident
except those specifically provided for in this Agreement or in the
Subscription Agreement or in Rules and Regulations.
8. Not to discriminate against Resident in the provision of services, or
in any other manner, on the grounds of race, color, creed, religion, sex,
handicap, marital status, sexual orientation, age, national origin, or any
other basis prohibited by law.
9. To terminate the Agreement or evict Resident for no other reason than
a. nonpayment of charges due to the Cooperative;
b. disruption or termination of heating and/or electrical utility
services due to nonpayment of utility charges;
c. nonpayment of any share loan for the Resident's stock in the
Cooperative, if applicable;
d. material noncompliance with this Agreement, which term shall
include: one or more substantial, repeated, or intentional failures
to abide by any obligations under this Agreement; or repeated minor
violations of this Agreement which disrupt the livability of the
project, adversely affect the health and safety of any person or the
right of any Resident to the quiet enjoyment of the leased premises
and related project facilities, interfere with the management of the
project or have an adverse financial effect on the project; or
e. the Resident's ceasing to be the owner of shares of
stock in the Cooperative. This happens when:
(1) the Resident has transferred ownership of the Resident's
shares in the Cooperative;
(2) the unit appears to be abandoned;
(3) the Resident dies and this Agreement is not assumed as
provided in the Articles of Organization and/or by-laws;
(4) the Resident declares bankruptcy or becomes insolvent,
according to law; or
(5) other good cause provided Management has given Resident
thirty (30) days prior written notice that the grounds for good
cause constitute a basis for termination of the tenancy.
f. any misrepresentation of facts by Resident to the Corporation in
Resident's application or certification or income.
g. Subletting or assigning the apartment without obtaining prior
permission as described above.
G. GRIEVANCE PROCEDURE:
The Resident is entitled to a hearing before the Board of Directors of the
Cooperative or a committee which the Board may designate for this purpose (the
"Grievance Committee") acting on behalf of the Owner, whenever:
1. The Resident has received a notice of a serious violation or
notices of repeated minor violations of the Agreement and attachments,
2. The Resident is aggrieved by another resident; or
3. The Resident is aggrieved by any action or inaction of Management.
In order to be granted a hearing, the Resident must deliver to the Grievance
Committee, personally or by mail, a request for a hearing which specifies the
reason or reasons for the request. If the request relates to a notice from
Management, this hearing request must be delivered or postmarked within ten (10)
workings days of Management's postmarked notice.
The Grievance Committee will schedule a hearing within five (5) working days
after receipt of the request. At the hearing, all parties involved in the
grievance must be given an opportunity to present their case and to question or
refute any evidence or testimony.
The Grievance Committee determination will be delivered to the Resident
within five (5) working days. If grounds for eviction for cause are present,
Management will be directed in writing to deliver to the Resident a notice to
H. GENERAL PROVISIONS
The above are the most important terms governing the relationship between
Owner, Management and Resident. Other terms not inconsistent with this
Agreement may be contained in Attachment 2 and in Rules and Regulations for
the development, if any, approved by state or federal agencies providing
financing for the development or rental subsidy for the unit, including, but
not limited to, the United States Department of Housing and Urban
Development ("HUD") and the regulatory and management agreements,
if any, between HUD or any other such agency and the Owner. Copies of these
documents, if any, are available to be inspected at the Management office.
If the whole or any substantial part of the leased premises shall during
the term of this Agreement or any extension hereof be destroyed by fire or
other disaster not caused by Resident or any Resident invitee, family or
a. If either Management or Resident chooses, this Agreement shall
terminate by written notice to the other party. In such event, the
Cooperative will determine the amount to be paid to the Resident to
redeem the Resident's stock in the Cooperative according to the
Bylaws of the Cooperative, but in no case may the consideration paid
to the Resident be greater than the Transfer Price as defined in the
b. If neither party terminates this Agreement then a just portion
of the Carrying Charge shall be abated until the premises are
restored and suitable for occupation.
Notices of termination under this section shall cause this Agreement to
terminate on the last day of the month in which the notice is given.
Owner and Management may, with, in the case of rental subsidy recipients,
the prior written approval of the subsidizing agency, modify the terms and
conditions of the Agreement by serving an appropriate notice on the Resident
together with the offer of a revised Agreement or an addendum revising the
existing Agreement. Resident within ten (10) days of receipt of such notice
must either accept the modified terms and conditions by executing such
revised Agreement or addendum or terminate the tenancy by giving Management
written notice in accordance with the Agreement that the Resident intends to
terminate the tenancy. Such termination shall be effective sixty (60) days
after the date upon which the modification was to become effective as stated
in the modification notice. Failure of Resident to execute the modification
or to offer to terminate the tenancy shall be grounds for eviction.
This Agreement and its Attachments, and the Articles of Organization,
Bylaws, and Subscription Agreement of the Cooperative make up the entire
agreement between the parties regarding the occupancy of the unit. No
representations other than those contained in such documents will be binding
on Management, the Owner or the Cooperative. If any provision of such
documents or the application thereof to any person or circumstance is held
invalid, the remainder thereof (or the remainder of such provision) and the
application hereof to other persons or circumstances shall not be effected
Notices required by this Agreement shall be deemed to be properly given:
a. to Management and/or Owner if mailed by registered or
certified mail to the Management Agent at the address indicated in
Paragraph L below or at such other address as Management may
designate in writing, or by delivery in hand to the Property Manager
of the Development but not by delivery to any resident
superintendent, maintenance, or other personnel;
b. To resident if sent by registered or certified mail, return
receipt requested or personally delivered to the Resident's
apartment with a copy by first class mail to the Resident's address
in the Development.
This Agreement is subordinate to any mortgage or related agreement now in
existence or hereafter granted, by owner and its successors and assigns. In
the event of any conflict or inconsistency, the provisions and conditions of
said mortgages, agreements, contracts, statutes, rules and regulation and
amendments thereto shall take precedence over this Agreement.
The Resident hereby authorizes the Owner to be the Resident's irrevocable
attorney-in-fact to sign any documents to subordinate this Agreement to any
future mortgage, deed of trust or other related instrument.
The waiver of any breach of a term, condition, promise or obligation of
this Agreement by any party shall not be considered to be a waiver of any
other term, condition, promise or obligation, or of any subsequent breach
I. APPROVED OCCUPANTS:
The Resident agrees and hereinafter certifies by signing this Agreement that
only the following named persons shall be considered as residents-in-occupancy
of the leased apartment, and that Resident shall not assign this Agreement,
sublet the premises without permission as described above, give permanent
accommodation to any roomers, lodgers or any other persons not listed in this
paragraph, nor permit the use of the premises for any purpose other than as a
private dwelling solely for the following resident-in-occupancy:
J. ATTACHMENTS TO THIS AGREEMENT:
The Resident certifies that the Resident has received a copy of this
Agreement and the following Attachments to this Agreement and understands that
these Attachments are part of this Agreement.
a. Attachment No.1 - Inspection Form
b. Attachment No.2 - Rules and Regulations
c. Attachment No.3 - Occupancy Information
Other attachments as required.
K. RESIDENT'S TELEPHONE NUMBERS:
Resident shall provide Management with the telephone number at which Resident
can be reached at home and work, if applicable. Any change in these telephone
numbers must be promptly reported when changed.
Home telephone Work telephone
Resident shall provide Management with the telephone number of a party not
living with resident who can be called in case of an emergency.
Name of Person Phone Number
L. OWNER/AGENT ADDRESS AND TELEPHONE:
The present address and telephone number of the Owner is
BeachTown Cooperative Corporation
290 ABC Avenue,
ABC Town, Massachusetts
The present address and telephone number of Management, who is responsible
for the care, maintenance and repair of the development, and who is authorized
to receive notices of violations of the law and to accept service of process on
behalf of the Owner, is:
Having read and understood the above, this Agreement is executed under seal
this day of , 20 .
BeachTown Cooperative Corporation
ATTACHMENT NO. 1
Apartment Condition Report by Resident
The Resident hereby informs Management that in his or her opinion the
Apartment is in good working order and safe condition, except as noted below.
After receipt of this report, BeachTown will also inspect the Apartment
regarding any exceptions and notify the Resident of repairs to be made. This
must be signed and dated below. (If no exceptions, state "NONE"
Date Signature of Resident(s)
Date Signature of Management
ATTACHMENT NO. 2
Rules and Regulations
These rules provide for the safety, care and cleanliness of BeachTown
Cooperative; the safety, comfort and convenience of the Residents; and
the efficient management and administration of the Development.
These rules represent a minimum of acceptable standards for the
community, and do not replace the rules of common courtesy.
The continuation of enjoyable, affordable housing depends on the
conscientious observation and uniform enforcement of these rules.
Collecting and Fees
Monthly carrying charges, and share loan payment for a loan made by
co-op, must be paid to Management, on or before the first day of every
Repair or lockout charges must be paid to the Management office
within 30 days of receipt of the bill.
Cash will not be accepted for any payment.
All payments received will be applied as follows:
1. first, to any outstanding Carrying Charges due, for prior months;
2. to the current monthly Carrying Charges; then
3. to any outstanding repair or lockout charges.
4. to Parking and any other outstanding charges,
Repair and lockout Charges
You will be charged for the cost of labor and material to repair or
replace locks, keys, screens, storm windows, and window glass if it is
determined that the work is necessitated by carelessness, misuse or
neglect on the part of you your family, or your guests, whether the work
is needed in your own unit, or common area, or that of another resident
in the development.
You will be charged for the cost of labor and material to repair or
replace damage caused by you, your family, or your guests, whether the
work is needed in your own unit, or common area, or that of another
resident in the Development. Such damage may include, but not be limited
1. punctured and/or defaced walls, ceilings, etc.;
2. broken sinks, wash basins, toilet tanks, light fixtures, etc.;
3. jammed plumbing lines and plugged toilets, caused by flushing
inappropriate items (e.g., pampers, cat litter etc.);
4. broken railings and punctured exterior siding.
The reasonableness of all damages charges may be discussed with
If the Resident can produce satisfactory proof that damage to doors
or windows is the result of burglary, the Resident will not be liable.
Proof must include a copy of police report.
The cost of lockouts is as follows:
1. no charge first and second time from 7:00 am to midnight; $5
per lockout thereafter.
2. From midnight to 7:00 am, and on weekends and holidays, $10
for every lockout.
3. There is a refundable $10 deposit for each initial set of keys
There is a charge of $5 for each replacement key, and $10 for
replacement access cards.
There is a charge of $10 for any bounced check.
Keys may not be given to any one who is not listed on the Occupancy
Agreement. In addition, proof of residency must be shown in order to be
let into the unit.
Exterminating services include spraying for roaches and baiting for
Routine exterminating services will be provided at no cost to you.
You have the obligation to allow Management to perform exterminating
services in your apartment whenever it is necessary to do so in order to
maintain your apartment or other apartments in a sanitary condition.
If you refuse the service, and mice or roaches continue to be
evident, you will have to pay for the exterminator's return visit,
whether or not the services are provided in your unit.
Before exterminating services are performed, you must remove all
items from the kitchen cabinets and properly cover all food and
Rubbish is collected from designated containers by a contractor.
All rubbish must be securely wrapped and fastened and MUST BE PLACED
INSIDE DESIGNATED CONTAINERS.
Repeated, documented violations will be adequate reason for
terminating the Occupancy Agreement.
Aerials and Antennas
You are not allowed to erect on or attach to your unit any aerials or
. Management reserves the right to remove any antenna or aerial.
Cable service is available by arrangement with the local service
Use of Balconies, Windows and Doors
You have the exclusive use of the balcony to your unit, if there is
You are responsible for keeping your balcony or porch free from
leaves or other debris.
Barbecue grills are prohibited by local fire code.
No sign, notice, notice or advertisement shall be inscribed or
exposed at any window, door or other part of the building, nor shall
anything be projected out of any window of the building.
Residents may decorate their doorway in a tasteful manner, but the
Board reserves the right to request that any inappropriate decoration be
removed. Except for the above, no portions of the common areas shall be
decorated by anyone in any manner.
Unattended pets are not permitted on balconies or common areas.
Parking in the turnaround in front of the building is for the use of
visitors and guests only, subject to availability of space and to the
All persons who use this area must sign in at the Management Office;
There will be a two hour parking limit unless the guest has
received prior permission from Management to park longer;
Residents of the Building are not allowed to park in this area except
to discharge/pick-up passengers, load/unload personal items, etc.;
Cars may park only along the curbing and may not park in front of the
building entrance (designated by yellow curbing).
Moving arrangements for a specific date and time must be cleared with
the Management Office in advance.
Violators may be towed at the car owner's expense without prior
notice or warning.
Pets and Animals
The Corporation respects the desire of some residents to enjoy the
benefits of owning certain pets. Underlying this policy is the premise
that pets should not be allowed by their owners to infringe upon the
rights of other residents to a clean, safe and peaceful environment. It
is the responsibility of each resident pet owner to insure that his or
her pet(s) do not become a nuisance to other residents. Notwithstanding
the paragraphs directly below, failure to prevent such a nuisance is
grounds for management to withdraw permission to maintain any pet or
No dogs are permitted as permanent or temporary pets. The only
exceptions are those animals specifically for the use of visually or
hearing-impaired residents, and documentation of such must be provided
Residents may have one cat per unit, except that residents at the
time the corporation acquires the development may continue to have two
cats for as long as the individuals live at BeachTown. All residents
must notify management of each individual cat that lives in their unit.
Residents may have up to two birds as pets, but they must be caged
and the owner must obtain permission from management to have birds.
Residents may maintain fish as pets, but the owner must obtain
permission from management to do so.
Unattended pets are not permitted on balconies or in common areas.
All pets not specifically permitted by this article are prohibited.
No resident shall send any employee of the building on any private
errands nor ask an employee to do private work for them during his or
her scheduled shift.
Littering in the common areas is prohibited.
No loud music or noise is permitted between 10:00 p.m. and 7:00 a.m.
Residents and their guests should be conscious at all times of the noise
level and observe their responsibility to refrain from making noises
that could annoy other residents. Musical instruction by a resident is
not permitted whether instrumental or vocal.
Residents are personally responsible for the actions of their guests.
Residents will be held responsible for any violations of the Occupancy
Agreement, Rules and Regulations and the By-Laws, caused by their guests
and may be subject to eviction for these violations.
At such time as residents enter the building, they shall not permit
anyone to enter into the building unless the resident knows their
Storage of gasoline, kerosene, oil or other flammable or hazardous
material on the premises is prohibited.
No redecoration such as painting or wallpapering is permitted except
with Management approval, and when a Resident who has redecorated moves
out, Management may require that Resident restore apartment to its
original appearance. In no case can the Resident be reimbursed for the
costs of redecorating.
No personal belongings (stroller, bicycles, etc.) may be kept in
entry ways or other common areas.
Repeated, documented violations of these rules and regulations are
adequate reasons for terminating the Occupancy Agreement.
Any consent or approval given under these rules and regulations by
Board and/or Management shall be revocable at any time.
The Board may delegate its authority to grant any permission referred
to in this agreement.
These rules and regulations may be changed, modified, or amended by
the Corporation at any time.
ATTACHMENT No. 3 Occupancy Information
The following information is provided to that all residents of BeachTown will
be aware of management services, appliance usage and other miscellaneous
Maintenance service is available for routine matters between a.m. and
p.m. Monday through Friday and for emergencies at all times. To obtain
service, call or stop by the Office, and state your name, apartment number,
and nature of your call. Your request will constitute your permission to
allow management to enter your apartment to complete the work. A notice will
be left after entry.
Complaints regarding the service of the building and grounds or regarding
actions of other residents shall be made in writing to the Management
Office. If such a complaint is not resolved to the satisfaction of either
party, that party may follow the Grievance Procedure described in the
You must make your own arrangements with Boston Edison Company for
electric service to your apartment. Boston Edison will bill you directly for
the electricity you use as shown on the meter for your apartment. You must
call Boston Edison and request that service be put in your name effective on
the day your tenancy begins. All replacement light bulbs for the interior of
your apartment will be furnished by you, except that fluorescent bulbs may
be replaced by management for the cost of the bulb. Before reporting
electrical failures, be sure the circuit breakers in your apartment are on
reset. The circuit breakers are in the kitchen in the studio apartments and
in the hallway leading to the bedroom in the one-bedroom units.
You must make your own arrangements with the telephone company if you
desire telephone service. Extensions are permitted if the wires can be run
without drilling through or nailing into floors, walls, or ceilings.
There is a master television antenna connection in the living room of
each apartment. Building management will supply coaxial cable to connect the
outlet to your set.
The intercom connects each apartment to the panel in the outer vestibule.
The talk button must be pressed while talking and the listen button pressed
while listening. Do not let strangers into the building.
Mail service is provided directly to your mailbox. You must include your
apartment number and zip code (02115) on your return address.
The fire alarm system is designed to detect heat increases. Do not let
sources of heat come near or in contact with heat detectors. Our alarm
system is connected to the city fire department's central system. Battery
operated smoke detectors are located in the ceiling at the entrance of the
bedroom(s). Contact the management office if the detector beeps
continuously, for this indicates that the battery needs to be replaced.
Your apartment is heated by a central plant, which provides a forced
circulation of hot water through convectors in each room of your apartment.
This plant also provides domestic hot water. To receive the maximum heat,
keep the fronts of the convectors free and unobstructed by furniture,
drapes, curtains (regardless of how thin), and the like. Before calling
building maintenance regarding lack of heat, be sure that all your
convectors are opened and that all your windows are closed by locking the
In using the kitchen sink garbage disposal, keep a strong flow of cold
running water. Do not allow waste to remain in the disposal. Do NOT use
chemical or solvent drain compounds in your disposal. Do not put your hand
into the disposal. The unit may be turned on by the switch on the wall above
your sink. If you overload the unit, the motor will automatically turn
itself off. It may be reset as follows:
(a) If necessary, remove foreign objects with ice tongs or such. Do
NOT insert your hand or fingers into the disposal.
(b) Run cold water again.
(c) Push reset button on motor under sink.
(d) Turn on the operating switch again.
You should defrost your freezer as needed or when ice is 1/4" thick.
You should never use any sharp instruments to chip away at the ice. We
recommend the following:
1) Turn dial to OFF.
2) You may wrap frozen food in newspaper.
3) Place a pan of boiled water in freezer and close door (replace as
it gets cool).
4) Pour out excess water from freezer tray as needed.
5) Wipe freezer dry before you re-stock with food.
6) Turn dial to #5 setting
The outside air vent on the air conditioner (if your apartment is so
equipped) should be in the closed position to receive maximum cooling.
The front entrance of the building is for the use of individuals entering
or leaving the building. The back entrance of the building is for deliveries
and for moving possessions and other large items into and out of the
It is the Corporation's policy not to permit any sales work, collecting,
soliciting, giving samples, distributing hand bills or notices, circulating
petitions, taking polls, and the like by any person other than a resident or
Residents should report leaks or obstruction in the waste pipes promptly.
Residents should close all windows when necessary to avoid possible damage