D. Government and Management

I.  The Board of Trustees

Drummer Farms Condominium is managed by it's Unit Owners through an elected Board of Trustees.  The Trustees have sole control and management of the common areas and facilities and the Trust Funds.  They appoint committees, hire managers and all contractors furnishing service to the Trust such as painting, septic system maintenance, etc.

The Board is comprised of five Trustees who elect a Treasurer, Secretary, and Chairperson from their number at the first meeting of each newly elected board.  The term of office for elected trustees is three years.  The Trustee's charter is to provide and insure dignified, peaceful and harmonious living and the fair enforcement of rules and regulations that affect the residential accommodations and the common facilities and areas for the benefit of all Unit Owners.

Board meetings:

The Board meets at regular intervals, generally monthly, and the schedule of their meetings is posted in the mail huts.  Special meetings are held as circumstances dictate.  A quorum of three Trustees is necessary to conduct business during any Board meeting.  Minutes of these meetings are available to any unitowner requesting them.

The first half hour of each Board meeting is open to any owner wishing to address the Trustees on any subject.  The owner must notify the chairperson prior to the meeting to identify the subject and to be informed of the meeting location.  Also, an owner may place an item on the agenda without attending the meeting by notifying the Chairperson prior to the meeting.  It is recommended that concerns or issues of any resident be put in writing for Trustee consideration.

II.  Unit-Owner Management

The Unit Owners must meet yearly for the purpose of electing Trustees to fill any vacancy then existing, as well as for other purposes that might exist.  Annual meetings are held in November.  A Special Meeting of Owners may be called at any time by a majority of the Trustees.

At any meeting of Unit Owners a majority vote, present in person or represented by proxy, shall constitute a quorum for the transaction of any business, unless a larger vote is required by by-law.

III.  Committees

The Trustees are empowered to appoint any committees that they consider necessary or useful in carrying out the business of the Association.  Such committees are formed to advise the Trustees on specific maintenance, legal or financial issues.  All decisions of import are made by the Trustees as a group.  The most active committees are the Landscape and Architectural Standards committees.

The Landscape Committee insures the effective maintenance and enhancement of the condominium's attractive environment.  This committee recommends and directs the planting of trees, shrubs and perennial and annual plants in the common areas.  This committee also evaluates your proposals for planting in exclusive use areas and advises the Trustees in approving your requests.

The Architectural Standards Committee clarifies procedures, processes requests and advises Trustees when owners want to make improvements to their units.  Their goal is to support owners in enhancing the value of their property, while maintaining community standards of uniformity and harmony.

The Community Affairs Committee plans the annual Owners Party and facilitates functions that are owner-driven, such as yard sales, children's parties etc.  Other committee functions include distribution of Welcome packets to new residents.

IV.  Condominium Finances

The Trustees are responsible for the bank and investment accounts of the Trust, for collecting and depositing the monthly fees, for paying vendors for services performed, for filing of requisite federal and state tax returns and for the preparation of periodic financial statements and of an operating budget.  Unit owners are provided with an annual statement.  The books of the Trust are open to inspection by any unit owner.  Call the Treasurer to arrange a mutually convenient time.

Monthly common area fees:
The funds to cover all recurring operating expenses of the Trust, and annual contributions to the Reserve Savings and Spending Accounts, are obtained from a monthly fee assessed on all unit owners.  The fee is due and payable in advance of the first day of each month and should be accompanied by a payment coupon.  New coupon books are distributed at the end of each calendar year, or may be obtained from the treasurer.  Monthly payments should be deposited, in an envelope please, into the Trust mailbox, which is located in the mail hut that is closest to the tennis court.  Checks should be made payable to:  Drummer Farms Condominium Trust.

The monthly fee covers the following:
∙Landscaping, pruning and spraying
∙Snow removal
∙Outside electricity used for street lighting and pool/dumpster areas
∙Water charger and septic system maintenance
∙Condominium insurance
∙Maintenance and upkeep of building exteriors
∙Maintenance and upkeep of the swimming pool and tennis court
∙Trash removal and recycling
∙Legal and accounting fees
∙Contributions to the Reserve Savings and the Reserve Spending Funds

Reserve funds:

Condominiums are required to maintain an “adequate” replacement reserve fund, collected as part of the common expenses and deposited in an account or accounts separate and segregated from operating funds.  Drummer Farms' reserves are maintained in two accounts, one that is intended to build savings for emergency use, the other intended to fund capital improvements and replacements.  Guided by the results of a reserve study which examines capital items likely to need repair or replacement over a twelve-year period, major projects, such as roof replacement, road resurfacing and significant enhancements to the property, may be anticipated and therefore systematically funded in advance by the monthly common area charges.  Funding for both accounts is targeted to be 10-15% of the annual budget.  The Reserve Plan is updated annually during the budgeting process.  The trustees may choose to invest Reserve Fund money in safe, interest-bearing investments pending the time when the funds will be needed for the replacements or repairs for which they are earmarked.

COLLECTION POLICY

Common Area Charges:

Massachusetts law defines common area charges as the monthly condominium fee, special assessments, late charges, collection costs, attorney fees and fines assessed by the Board of Trustees.  The Drummer Farms Condominium Association will employ all legal methods available to collect outstanding common area charges.  These funds are essential to the proper functioning of the Trust and the maintenance and care of the common areas and benefits accruing to all who reside in the community complex.

Late Fees:

Condominium fees are due on the first (1st) day of every month.  A late fee will be assessed for payments not received by the fifteenth (15th) of the month.  A late fee assessment of $5.00 will be charged for the first month of late payment or nonpayment and for every month thereafter a late fee of $25.00 per month will be charged.

Priority Lien:

Massachusetts General Laws gives the Trust a priority position, ahead of the first mortgage holder, for up to six (6) months of common area charges.  Upon providing certain requisite written notices to your lender, this law also allows for all attorney fees, costs and expenses incurred in the collection of your charges to be included in the amount of the superlien to ensure recovery and to collect any outstanding common charges.

Foreclosure:

The Trust also holds the right to foreclose upon its lien in the event of nonpayment of common charges.  This allows for the Trust to obtain title, possession and the use of your unit, in addition to the superlien rights, plus all legal and collection costs incurred prior to any payments payable to your first mortgage holder.

Failure to Pay Common Charges:

Massachusetts case law has consistently held that there is no right of offset allowed against common area charges.  Similar to real estate property and income tax payments, you must dispute the imposition of same in a separate action.  You cannot withhold or deduct any portion of the lawfully payable common area charges due.

Collection of Rent:

The Massachusetts General Laws allows for a reach and apply action whereby the Trust can collect the rent due from any tenant residing in a Landlord's unit in order to pay any outstanding common area charges.  The law provides for a relatively simple notice procedure to be invoked, without the necessity of a formal court action, upon a twenty-five (25) day or greater delinquency by the unit owner.  This is a very efficient method of collections to be employed by the Trust against non-resident or investor owners.

SCHEDULE OF FINES POLICY

The following is the procedure that will be used for all violations of the Rules and Regulations of Drummer Farms Condominium:

First (1st) offense/violation
Verbal or written warning, depending on scope and severity of violation, to be determined within the discretion of the Trustees.  All violations subject to fines will be documented with written notice prior to imposition.

Second (2nd) offense/violation
A twenty-five ($25.00) dollar fine will be imposed against the unit owner.

Third (3rd) offense/violation
A fifty ($50.00) dollar fine will be imposed against the unit owner.

Fourth (4th) and subsequent offense(s)/violation(s)
A seventy-five ($75.00) dollar fine will be imposed against the unit owner.

The above fines will be imposed upon any single violation of the rules and regulations governing the Drummer Farms condominium.  All offenses and associated fines are cumulative over a twelve (12) month period from the date of the first offense.

For violations that are continual in nature, the above amounts can be imposed on a daily basis.

Please know that each owner is responsible for the activities of their own residents and/or guests.