Additional Rules and Regulations
There is only one current rule, in addition to those delineated in the Master Deed and Declaration of Trust documents. In concerns antennas or satellite dishes, and appears below. Should residents wish to notify the Board that an antenna has been installed, where no prior consent of the Trustees is required, please download the form, print it, and submit it (after filling it in) as specified in the form.
We, the undersigned, being a majority of the Board of Trustees (the "Board") of the Potter Pond Association (the "Association"), under Declaration of Trust dated December 16, 1980, recorded with the Middlesex South District Registry of Deeds in Book 14168, Page 450, as amended including by the 2001 Amended and Restated Declaration of Trust of Potter Pond Association, recorded with said Registry of Deeds in Book 32857, Page 235, said Association being the organization of Unit Owners of Potter Pond, a condominium, created pursuant to Massachusetts General Laws, Chapter 183A ("Chapter 183A"), by Master Deed dated December 16, 1980, and recorded with said Registry of Deeds in Book 14168, Page 426, as amended (the "Master Deed"), pursuant to Article VI, Section 6.9 of said Declaration of Trust, as so amended, do hereby adopt the following rule and regulation relating to antennas:
(a) Reception Antenna means an antenna, satellite dish, or other structure used to receive video programming services intended for reception in the viewing area. Examples of video programming services include direct broadcast satellite services, multipoint distribution services, and television broadcast signals. The mast supporting the Reception Antenna, cabling, supports, guy wires, conduits, wiring, fasteners, bolts or other accessories for the Reception Antenna or similar structure are part of the Reception Antenna. A Reception Antenna that has limited transmission capability designed for the viewer to select or use video programming is a Reception Antenna provided that it meets Federal Communications Commission standards for radio frequency radiation. For purposes of this Antenna Restriction, customer-end antennas that receive and transmit fixed wireless signals are considered Reception Antennas, and structures similar to Reception Antennas include any structure, device, or equipment that is similar in size, weight, and appearance to Reception Antennas.
(b) A Resident is an individual who resides in a Home at Potter Pond, including, without limitation, the Homeowner(s) thereof, and his or her permitted tenants and/or lessees, and such other persons as are entitled to install, maintain, and/or use a Reception Antenna at Potter Pond under and in accordance with the Over-the-Air Reception Devices Rule ( 47 C.F.R. Section 1.4-000) of the Federal Communications Commission.
2. (a) No Resident shall install a Reception Antenna on any portion of the common areas and facilities (the "common elements") unless, pursuant to the Master Deed of Potter Pond, the area is an exclusive use area of the unit (hereinafter, "Home") in which the Resident resides. This restriction on installing Reception Antennas in or on the general common elements shall apply even if reception is or would be unsatisfactory to a Resident if the Reception Antenna is installed in that Resident's exclusive use area. For purposes hereof, (i) an "exclusive use area" is the same as the "limited common areas and facilities" of a Home, as that teem is used in the Master Deed, as amended, including in Section 5C thereof, and in Chapter 183A; and (ii) the "general common elements" are all of the common areas and facilities of Potter Pond which are not subject to the exclusive use of any one or more Homeowner(s).
(b) A Reception Antenna which encroaches on the air space or exclusive use area of another Homeowner's Home, or in, on, or upon the general common elements, does not comply with this Rule and Regulation.
3. If a Reception Antenna is installed in an exclusive use area, such installation shall be subject to the following:
(a) A Reception Antenna shall be no larger than necessary for reception of an acceptable quality signal; provided that under no circumstances shall a Reception Antenna for direct broadcast satellite services be larger than one meter in diameter.
(b) Due to safety concerns relating to wind loads and the risk of falling structures, any masts, supports, and other structures more than twelve feet in height must receive the prior written approval of the Board. Under such circumstances, the owner shall submit an application including detailed drawings of the structure and methods of anchorage.
(c) A Reception Antenna must be placed in such area as is shielded from view from outside the Condominium or from other Homes of the Condominium, to the extent possible; provided that nothing in this rule shall require a Reception Antenna to be placed where it precludes reception or transmission of an acceptable quality signal. In no event may Reception Antennas be installed on roofs, exterior walls, or other common elements which are not a part of a Home's exclusive use area. A Resident must install the Reception Antenna in his or her own exclusive use yard area which, as defined in Section 5C of the Master Deed, as amended, is the yard area, if any, adjacent to the rear of the Home, deteiinined by an extension of the sidelines of the Home and a line parallel to and twenty (20) feet from the rear of the Home. Connections of wiring from the exclusive use yard area to the Home shall be made through the bottom of the clapboard siding into the basement or, if the Home is on a slab foundation, through the lower clapboard into the Home. If a Resident wishes to connect a Reception antenna to a Home in any other manner which would pass through or affect any exterior wall, roof, or other general common elements, such Resident must receive the prior written approval of the Board. Under such circumstances, the owner shall submit an application including detailed drawings of the proposed connection(s) through the general common elements between the Reception Antenna and the Home.
(d) A Reception Antenna or similar structure shall not be placed in exclusive use areas where it blocks walkways, ingress or egress from Homes, garages, or other areas necessary for the safe operation of Potter Pond. Guy wires shall not be placed in an exclusive use area where people may be subject to contact with, or may walk into or trip over, such wires. Antenna wires should be buried to prevent obstruction of access to the Resident's Home or exclusive use area. The purpose of this rule is to permit evacuation of the Homes and Condominium, to provide clear access. for emergency personnel, and to prevent injury or damage resulting from contact with guy wires or antenna wires.
(e) A Reception Antenna or similar structure shall not be placed within two feet of electric power lines. The purpose of this rule is to prevent injury or damage resulting from contact with the power lines.
(f) If a Reception Antenna is allowed to be placed outside the building containing the Home, such Antenna must be painted to match, or be compatible with, the color of the building. In addition, the Board may require a Resident to install and maintain inexpensive screens or plants to shield such Reception Antenna from view provided that the screens or plants will not preclude reception of an acceptable quality signal.
(g) Any Resident installing, maintaining or using a Reception Antenna shall do so in such a way that does not materially damage the general common areas and facilities or the Homes; void any warranties of the Association or other Homeowners; or impair the watertight integrity of any building of the Condominium.
(h) A Resident who owns or uses a Reception Antenna is responsible for all costs associated with the Reception Antenna including, but not limited to, costs to: (a) repair, maintain, remove, and replace the Reception Antenna; (b) repair damages to the common elements, the Home, other Homes, and other property caused by the installation, existence, or use of the Reception Antenna; (c) pay for medical expenses incurred by persons injured by installation, existence, or use of the Reception Antenna; and (d) reimburse Residents or the Association for damages caused by the installation, existence, or use of the Reception Antenna.
(i) Each Resident who installs, maintains, or uses a Reception Antenna shall defend, indemnify and hold harmless the Association, the Board, its agents, representatives, and employees, and the other Homeowners, their tenants, lessees, guests and invitees, from all claims, demands, damages, costs, expenses, and/or liabilities, including but not limited to reasonable attorney's fees, arising out of, or in connection with, the Reception Antenna, whether such claims, demands, damages, costs, expenses, and/or liabilities are caused by such Resident, or such Resident's agents, employees, contractors or subcontractors employed in connection with the installation, repair, maintenance or use of the Reception Antenna.
(j) If a Reception Antenna is to be installed on a free-standing pole close to the rear of the Home, guy wires may be attached to the fascia board under the eaves of the roof of that Home, but shall not be attached to any of the clapboards of the building containing that Home.
(k) A Resident shall not permit his or her Reception Antenna to fall into disrepair or to become a safety hazard.
(1) Reception Antennas which receive and transmit fixed wireless signals shall be installed by a professional installer to minimize the possibility that transmission antennas will be placed in a location that is likely to expose people to the transmit signals at close proximity and for an extended period of time.
(m) Reception Antennas which receive and transmit fixed wireless signals shall be installed in such a manner that people are not easily able to venture into and interrupt the transmit beams. The purpose of this rule in to protect users and the public from radio frequency exposure in excess of the FCC's limits.
(n) In order to ensure compliance with FCC labeling requirements, Reception Antennas which receive and transmit fixed wireless signals shall contain the ANSI-specified warning symbol for radio frequency exposure as required by the FCC and must contain labels which reference the FCC's applicable radio frequency exposure.
(o) Each Reception Antenna or similar structure at the Condominium shall comply with applicable state and local laws, statutes, codes, by-laws, regulations and restrictions, provided same do not impair the installation, maintenance or use thereof; unless any constitutes a safety ordinance or includes restrictions needed for safety or historic preservation, in which case same shall be no more burdensome than necessary to accomplish a safety or preservation purpose.
Process and Procedure.
4. In the event of a violation of these rules, the Association may bring an action for declaratory relief with the Federal Communications Commission (FCC) or any court having jurisdiction over the matter. To the extent permitted by the FCC, the Association shall be entitled to fines, reasonable attorneys' fees and costs and expenses if the regulation is validated and the violation of the regulation is not corrected within twenty-one days after the validation. In addition the Association may seek injunctive relief.
5. Except where the prior consent of the Board is required as provided above in this Rule and Regulation, a Resident making, or causing, the installation of a Reception Antenna shall provide the Board, within fourteen (14) days of such installation, with a completed Notification Form in the form of that attached hereto as Exhibit "A". All installers employed to install Reception Antennas must carry liability insurance, workers' compensation insurance and motor vehicle insurance in coverage amounts of not less than $500,000.00 (combined single limit, where applicable). Prior to the commencement of installation, the subject Resident, directly or through such installer, shall submit to the Board written evidence of insurance confirming that such coverages are, and will remain, in effect during such installation and naming the Potter Pond Association, its Trustees, agents, employees and beneficiaries as an additional named insured and certificate holder. This insurance requirement is substantially consistent with minimum requirements established for other contractors who work on the common areas and facilities at Potter Pond.
6. The Resident is responsible for the immediate removal of the Reception Antenna if it must be removed in order for the Association to repair, paint or maintain the area where it is installed.
7. Transmission antennas (e.g., any antenna, satellite dish, or structure used to transmit radio, television, cellular, or other signals other than a reception antenna) which do not fall within the definition or description of a Reception Antenna set forth in Section 1 of this Rule and Regulation, are prohibited.
8. If any of these provisions are ruled to be invalid, the remainder of these rules shall remain in full force and effect.
9. The Board may amend this Rule and Regulation from time to time as it deems necessary.
10. This Rule and Regulation replaces, in its entirety, the Satellite Dish and Television Antenna Policy previously adopted by the Board, which became effective November 25, 1996.
In all other respects the Rules and Regulations, as hereby amended by this Antenna Restrictions Rule and Regulation, are hereby ratified and aff-uned.
For appointments and acceptances of the undersigned Trustees of Potter Pond Association, see instruments recorded with Middlesex (South) District Registry of Deeds in Book 30410, Page 218, and Book 31486, Page 255.
Executed under seal this 20th day of November, 2001.
Copyright © 2004-2016 Potter Pond Association. All Rights Reserved.
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