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Homeowner’sHandbook
Page 2 of 47 Rev. 06/16/17
ELLIOTT LANDING BY CUMMINGS
HOMEOWNER’S HANDBOOK
Welcome to Elliott Landing! Condominium life is a wonderful real estate ownership option. The basic principle of a condominium association is to provide a framework for the maintenance, operation, and repair of common property, while helping to create a comfortable and stable environment for all homeowners, their families, guests, and pets. An unwritten mandate for every association is to maintain the property in such a fashion as to maximize the market value of the condominium. While one of the most significant benefits to condominium ownership is sharing maintenance responsibilities and expenses, condominium living should also provide a sense of community for residents. A condominium association strives to balance the rights of the individual owner and the rights of the owners as a collective group. It is incumbent upon every owner to work towards this balance. As a purchaser at Elliott Landing, you automatically become a member of the Elliott Landing Condominium Trust (the ―Association‖) and are required to follow the covenants set forth in the Master Deed and Declaration of Trust and By-Laws, including its Rules and Regulations (the ―Governing Documents‖), which may be revised and updated from time to time by the Board of Trustees. This handbook is designed to help you navigate and learn some of the policies, procedures, rules and regulations of your Association, as well as provide a quick reference guide for typically asked questions. The booklet also includes considerable information that residents might never ask about, but that many may find to be of interest. To the extent there are any inconsistencies between this handbook and the Governing Documents, the Governing Documents are the only applicable authority. The most current versions of this limited handbook and the Governing Documents are available at www.ElliottLanding.com, through the Resident Portal. Any questions or comments may be sent to Building Management at [email protected].
PLEASE REFER TO USEFUL CONTACT INFORMATION IN APPENDIX D FOR
BUILDING MANAGEMENT AND EMERGENCY CONTACT INFORMATION
G:\SHARED\2_DOCS\BEVERLY\201 Elliott\1_Condo Doc Related\Handbook\EL Handbook_REV_06-16-17'.docx
Rev. 06/16/17 Page 3 of 47
TABLE OF CONTENTS Historical Background 5
Developer, Construction, and Management 6 Company Strength
The Cummings Properties Philosophy
Cummings Foundation
City Support
Staff Experience
Staff Depth
Steel and Concrete Construction
Building Specifications
Tidal Wetlands License
Property Management
Building Management and Emergency Contact
Role of the Building Management Team
Board and Meetings
Welcome to the Neighborhood 8 Beverly Government and Where to Vote
Healthcare Providers
Cummings Center Suite Numbering
MBTA Commuter Rail Service
MBTA Bus Service
City of Beverly Shuttle
Being a “Good Neighbor” 9 Noise and Quiet Hours
Concerns and Complaints
Vigilance
Soliciting and Advertising
Harassment and Offensive Activities
Move-In/Move-Out 10 New Resident Registration
Scheduling a Move
Inspection and Damages
Freight Elevator Use
Administrative Fee
Access to Building and Homes 11 Access to Common Areas
Key Fobs
Aiphone Intercom
Home Keys
Main Home Entry Doors
Patio/Balcony Locks
―Pass Keys‖
Access by Visitors and Contractors
Accidental Lockouts
Access to Homes by Association/Management
Vehicles and Parking 13 Vehicle Registration
General Rules for Vehicles
Allowed Vehicles
Assigned Garage Parking
Unassigned Surface Parking
Visitor and Contractor Parking
Snow Removal and Winter Parking
Easements
Mail and Deliveries 15 First Class Mail
Package Deliveries from USPS
FedEx, UPS, Etc. and Other Parcel Deliveries
Newspaper Deliveries
Condo Fees, Fines, Assessments, Etc. 15 Common Interest
Budget and Condominium Fees
Payment of Condominium Fees
Late Fees
Fines
Fee and Fine Schedule and Administration
Insurance 16 Association Insurance
Homeowner Insurance
Utilities and Telecommunications 17 Electric Service
Natural Gas
Water/Sewer Systems
Generator
Solar Power
Telephone/Internet/Cable TV Service
Common Utility Closet Access
Courtesy Internet Access
Satellite Dishes/Reception Antennae
Irrigation and Landscaping
Video Monitors
Elevators
Trash Disposal and Recycling 18 Trash
Recycling
Disposal of Non-Household, Bulk, or Hazardous
Trash
Page 4 of 47 Rev. 06/16/17
Pets 19 Pet Registration
Permitted Pets
Pet Relief Areas
Responsibility of Pet Owners
Violations of Pet Rules
Common Amenities 20 General Rules for Use
Essex Room and Outdoor Recreation Areas
Gas Grills and Fire Pit
Fitness Room
Billiards Room
Reservation of Essex Room for Private Events
Smoking
Resident Storage Areas 21 Supplemental Storage Rooms
Bicycle and Kayak Storage
Rentals and Guests 22 Rentals
Guests
Home Sales 23 Home Sales
Seller Responsibilities
―6D‖ Certificate Request
Condominium Questionnaire
Condominium Use and Definitions 23 Home Use
Common and Limited Common Areas
Balconies and Patios
Approved Balcony and Patios Items
Balcony Decking
Home Boundaries
Additional Items Part of Homes
Exterior Appearance
Hallway Door Mats
HVAC and Fireplaces 25 Central HVAC Equipment
In-Home HVAC Equipment
Fireplaces
Warranty, Maintenance, and Alterations 26
Warranty
Maintenance Responsibilities
Homeowner Maintenance Guide
Vacations
Equipment Information, Manuals, and Operating
Instructions
Proper Care of Hardwood Flooring
Alterations
Contractor Insurance
Finding a Contractor or Repair Person
Appendices and Forms 28 A. Fee Schedule
B. Homeowner Maintenance Guide
C. Limited Warranty
D. Useful Contact Information
Summaries of Insurance Requirements:
Homeowner Insurance Requirements
Contractor Insurance Requirements
Forms:
Resident Information Form
Vehicle Registration Form
Electronic Fund Transfer Authorization Form
Electric Meter Transfer Form
Fitness Center General Rules/Waiver and Release
Form
Statement of Condition of Common Elements
(Move-in/Move-out)
Pet Registration Request Form
Essex Room Reservation Form
Use, Indemnification, and Hold Harmless
Agreement
Key Receipt Form
Cummings Center Information
Rev. 06/16/17 Page 5 of 47
HISTORICAL BACKGROUND
Elliott Landing sits atop a rich New England history
The nearly 100-acre former United Shoe Machinery Corporation (USMC) site and ponds on the north side of Elliott Street was formally purchased from an entity owned by The Black & Decker Corporation in April 1996, after largely sitting empty and decaying for more than 10 years. Cummings Properties has since developed the property into more than two million square feet of modern office, research, and medical space, where more than 5,000 people are employed today. Before USMC began purchasing this land, in 1901, some of the property had been in continuous commercial use since 1642, when Friend’s Mill was constructed. This tidal-powered gristmill was authorized when this area was still part of colonial Salem. The property is believed by many to be the oldest continuously used commercial property in North America. It is our understanding that the location of our Elliott Landing building is exactly where the earliest version of Friend’s Mill was located—on top of a dam built to retain water at each high tide to power the gristmill—before it was moved just across the street. The pilings from the second mill, which burned down in the 1890s, are still visible at low tide, just at the south end of the crosswalk, opposite homes 112 and 114. An old stone grinding wheel from one of the gristmills can be seen protruding from the stone riprap during low tide in the same area. Another is displayed just outside Acapulco’s Restaurant. “Elliott Landing”—what’s in the name? Before even the first dam and mill were built on this site, five pioneer families, known as the Beverly Planters, used a tidal inlet of the Bass River once located almost directly under the current Elliott Landing site to travel from the center of Salem to their farms, ―landing‖ close to this location, which is now adjacent to Elliott Street. Elliott Street itself is named after prominent local Andrew Elliott, Sr. (sometimes spelled Eliot or Elliot), an early European settler of the area who was elected first town clerk of Beverly and served as representative to the General Court. Elliott was also a juror during the Salem witchcraft trials, later issuing a declaration of regret for his participation in the flawed proceedings. (The Association is grateful to inaugural homeowner David Lustgarten for his research on Andrew Elliott). The granite stone and old bronze plaque outside Elliott Landing’s front entrance was originally made and placed by USMC in the early 20th century to commemorate the route of these Planters. The commemorative marker was recovered from the edge of Upper Shoe Pond and was first displayed in its current location in October 2016.
Page 6 of 47 Rev. 06/16/17
DEVELOPER, CONSTRUCTION, AND
MANAGEMENT
Company Strength
The Cummings organization is primarily a
commercial developer with more than 10 million
square feet of managed space, mostly in the suburbs
north of Boston. It has built and currently operates
two large, not-for-profit assisted living communities
in Woburn and Marlborough, Massachusetts, both
called New Horizons, and founded Cummings
Foundation, which has current assets of more than
one billion dollars. In 1986, Cummings built the
highly regarded 147-unit Place Lane Condominium in
Woburn. Known for its financial strength, the
Cummings organization has invested more than $100
million of its own funds since 1996 to develop
Cummings Center, and now Elliott Landing.
The Cummings Properties Philosophy
Cummings Properties endeavors to go beyond merely
executing and delivering on real estate deals—it
strives to perform in such a way that clients and other
customers feel good about their relationship with the
firm. Cummings Properties constantly considers how
it can do more to enhance its service and its image,
actively identifying and pursuing opportunities to
improve and optimize its operations, with the goal of
making all its clients and employees proud to be
associated with the firm. It is the sincere hope of
Cummings Properties’ management team that Elliott
Landing—conceived, engineered, constructed, and
managed according to the Cummings Properties
philosophy—will both exemplify and enhance the
Cummings brand.
Cummings Foundation
Cummings Foundation, born of the same philosophy
underpinning Cummings Properties, is one of the
most significant philanthropic organizations in
Massachusetts. Much of Cummings Properties’
activity directly serves the Foundation—in fact, most
of the real estate in the Cummings Properties
portfolio is ultimately owned by and operated for the
sole benefit of Cummings Foundation, with all net
proceeds supporting the Foundation’s philanthropic
activities. On a related note, the full sale price of
nearly half of the homes at Elliott Landing has gone
(or will go) directly to several local not-for-profit
organizations.
City Support
Since officially coming to Beverly in April 1996, the
Cummings organization has made many
philanthropic gifts to the city. It gave the city of
Beverly itself a six-acre parcel of land on Balch
Street to house the James L. McKeown School, and
another two-acre parcel directly across Center Drive
from Elliott Landing, where Beverly’s current
administration is intent on soon building a brand new
Beverly Police Headquarters. Cummings also donated
$1 million to construct the Douglas Stephens YMCA
teen center on Essex Street in North Beverly, has
funded several educational and scholarship programs,
and has given $1.9 million in gifts of $100,000 each
to 17 Beverly charities. All told, Cummings has
donated a total of more than $10 million in Beverly
alone, and a total of more than $170 million in
eastern Massachusetts.
Staff Experience
Over the course of almost 50 years, Cummings
Properties has been remarkably successful primarily
because of the people it employs, many of whom
have uncommonly long tenures with the company.
For instance, as of 2016, 47 current staff members
have reached their 20-year anniversary with the firm.
Cummings’ longest-serving colleague, US Marine
Corps veteran George Holland, reached his 40th
anniversary in November 2016. The most frequent
reasons cited for employees staying with the firm as
long as they do is that they feel they are valued and
treated fairly, and they enjoy their colleagues and the
accomplishments they share.
Staff Depth
Elliott Landing was designed, engineered, financed,
and built under the direct supervision of Cummings’
professional in-house architects and managers and
with the invaluable support of many of the firm’s
nearly 330 year-round, full-time staff.
Steel and Concrete Construction
One striking difference in the construction of Elliott
Landing, compared with the majority of other high-
quality multi-story residential condominiums,
especially, is its all steel, concrete, and glass
construction. (The building, including all homes, is
also fully sprinklered.) Conversely, wood is the
principal structural component of most other
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Rev. 06/16/17 Page 7 of 47
suburban residential buildings, because of its much
lower cost. Wooden buildings can be assumed to
meet all safety codes, but they are nevertheless not as
resistant to fire as a concrete and steel building, and
they will not be as quiet or generally as solid as a
building framed with structural steel and concrete
floors. Another key component to Elliott Landing’s
quiet floors is the quarter-inch thick underlayment of
matting between the engineered hardwood flooring
and the concrete slab below.
Building Specifications
While detailed specifications were developed
covering how Cummings Properties originally
expected to complete Elliott Landing and its homes,
several important small changes and upgrades were
worked into actual build-outs, though never reflected
in the original specifications. Within the homes,
several of these ―bonus‖ changes involved the
kitchens. For example, all homes were finished with
upgraded glass ―subway tile‖ backsplashes (rather
than the originally specified ceramic tile), and
kitchens with sink areas that resulted dimmer than
desired were fitted with supplemental undercabinet
lighting above the sink. Homes with larger laundry
rooms (where space allowed) were fitted with wall or
base cabinetry to help ―fill out‖ these rooms.
Additional ―bonus‖ features included the button-
activated mechanized door openers at the first-floor
garage entry to Elliott Landing, and the second pet
relief area adjacent to the surface lot.
Tidal Wetlands License
Elliott Landing’s Chapter 91 license, which permits
the construction of the Condominium on former tidal
lands, originally required that the two common area
restrooms on the ground floor be open to the public,
at least during business hours. To avoid
compromising the security and integrity of the Elliott
Landing community, Cummings Properties
negotiated with the State to fill this requirement by
providing two additional restrooms for public use at
the north end of the West Parking Garage, directly
adjacent to what is currently the Doggie Daycare
facility. The public walkway parallel to the east side
of Elliott Landing fulfills another condition of the
Chapter 91 license, constituting the southernmost
portion of the planned walkway circling Upper and
Lower Shoe Ponds.
Property Management
Currently, Cummings Properties serves as property
manager (the ―Property Management Company‖) for
Elliott Landing. The Building Management team for
Elliott Landing includes administrative and facilities
staff that, in aggregate, provide a level of service
equivalent to more than one full-time employee. The
Building Management team is generally available
between 8:00 AM and 5:00 PM, Monday through
Friday. Building Management staffing (and the
budget allocated to maintaining it) is subject to the
Association’s possible later reconsideration.
Building Management and Emergency Contact
Please refer to the Useful Contact Information page in
the Appendix for the most up-to-date contact
information. Queries, requests, and suggestions are
fielded most efficiently when provided in writing to
Building Management. Building Management
typically monitors communications during normal
business hours (see above) and aims to respond to
emails and voicemails within one business day.
Emails are not actively monitored on weekends or
afterhours. For afterhours building systems
emergencies please call the Cummings Center
Gatehouse. Building systems emergencies include:
Loss of heat, hot water, or power
Leak, flood, or sewerage overflow/backup
Exterior door failure
Elevator failure/malfunction
Hazardous material spill on or near property
Fire (call 9-1-1 or Beverly Fire Department
first) or fire alarm
Other conditions causing imminent risk
For life safety emergencies or other situations
requiring emergency personnel, please call 9-1-1
and/or the appropriate Beverly emergency service
(Fire or Police Department).
Role of the Building Management Team
The management staff (―Building Management‖ team
or ―Building Manager‖) works for the Board to
manage the business affairs of the Association, but
may not work directly on behalf of any individual
homeowner. The Building Management team is
available to residents for consultation on matters
related to Association business. Some residents may
expect the team to perform certain tasks that are
beyond the scope of their duties. If Building
Management does not meet those expectations, these
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Page 8 of 47 Rev. 06/16/17
residents may naturally be unhappy. Here are a few
points to help clarify what the Building Management
team’s responsibilities entail:
The Building Management staff is a great
resource to the Association, but is not
available 24 hours a day—except for
Association emergencies, defined as an
imminent threat to life or of significant
property damage.
Management has a wide range of
responsibilities, many of which require time
out of the office or on the phone. Please do
not expect management to be immediately
available at all times, and understand that the
team may handle incoming non-emergency
calls and messages via voicemail or email.
Building Management will usually be able to
address non-emergency messages most
efficiently when delivered in writing.
Management will not get involved in quarrels
neighbors may have with one another that do
not involve the rules of the Association.
Management staff inspects the community
regularly, but even an experienced
management team cannot catch or anticipate
everything. Your help is essential. If you see
a potential maintenance or safety issue, report
it to Building Management, but please refrain
from giving direction—that is the Building
Management staff’s job. Residents should be
aware, however, that neither Building
Management nor Cummings Properties/
Cummings Center provide security services.
Residents may report unlawful or threatening
activity directly to the police.
Members of the Building Management team
have a broad range of expertise but are
neither consultants to the residents, nor
engineers, architects, attorneys, or
accountants. Management may offer
opinions, but residents should not expect
expert technical, legal, or financial advice.
Homeowners and residents may not engage
the services of the Building Management
team outside of Management’s official duties
(i.e., ―moonlighting‖ is not permitted).
Board and Meetings
During the initial period when the Elliott Landing
Condominium Trust is controlled by the Declarant
(developer), formal board meetings, if any, will
typically be held at 200 West Cummings Park,
Woburn. During this time, the Building Management
team may hold regular informal community meetings,
typically monthly, bi-monthly, or quarterly, in the
Essex Room. Frequent, clear, appropriate
communication between the Board and the residents
is crucial to the effectiveness of the Association. To
facilitate open dialogue, all interested homeowners
are invited to attend these informal meetings and
share information, suggestions, and advice, and ask
questions about the condominium and how it is
operated. We hope this will be a good way for
homeowners who might like to later serve as
members of the formal Board to learn and assist with
the early management of the community.
Homeowners will be notified of meeting times and
dates by email and on the mailroom bulletin board.
The annual meeting of homeowners shall be on the
first Wednesday of September at 7:00 PM, typically
in the Essex Room. Sometime after all Elliott
Landing homes have been sold, five homeowners will
be elected to the Board—two to serve three-year
terms, two to serve two-year terms, and one to serve a
one-year term. This is done to stagger the expiration
of terms; after these initial elections, all terms will be
of three years.
WELCOME TO THE NEIGHBORHOOD
Beverly Government and Where to Vote
There are six wards and 12 precincts in Beverly. Each
ward elects a city councilor and a school committee
representative every two years. Additionally, the city
is represented by a mayor and three at-large
councilors that represent the entire community and
also serve two-year terms. A list of Beverly’s elected
officials is available at www.beverlyma.gov/elected-
officials/. Your home at Elliott Landing falls in Ward
3/Precinct 1, and your polling place is currently at the
McKeown School at 70 Balch Street (near the north
end of Cummings Center). Beverly is part of Essex
County’s sixth district, currently represented by
Congressman Seth Moulton, State Senator Joan
Lovely, and State Representative Jerry Parisella. For
up-to-date election information, visit the Secretary of
State’s website at www.sec.state.ma.us.
Healthcare Providers
Cummings Center boasts a wide variety of physicians
and other healthcare providers. There are more than
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Rev. 06/16/17 Page 9 of 47
100 MDs alone who maintain daily office hours
within easy walking distance of Elliott Landing.
Many healthcare providers are accessible without
ever stepping outside into the weather via Cummings
Center’s covered pedestrian bridges. One such
―inside passage‖ connects the northeast corner of the
parking garage (on the third floor) with 900
Cummings Center, passing over West Drive; another
bridge connects 900 Cummings Center to the third
floor of 100 Cummings Center, passing over Center
Drive. Visit www.CummingsCenter.com to view
three complete lists consisting of: physicians, dentists
and surgeons; psychologists and counselors; and
other healthcare providers.
Cummings Center Suite Numbering
Cummings Center suite numbering starts with the
floor on which the suite is located, and generally
continues based on a grid pattern, with numbers
increasing south to north (from Elliott Street towards
Balch Street) and letters increasing east to west (from
the Commuter Rail right of way towards McKay
Street). See the Appendix or the Cummings Center
wayfinding page (www.cummings.com/floors.html)
for more information on navigating Cummings
Center.
MBTA Commuter Rail Service
Elliott Landing is conveniently located within a short
bus ride (see below) or a 10-minute walk from the
Beverly Depot Commuter Rail Station at 100 Rantoul
Street. The Beverly Depot, Salem, and North Beverly
Stations are all served by the Newburyport and
Rockport Commuter Rail Lines, which have 60 trains
running into and out of Boston daily, allowing
commuters to easily travel to Boston and also connect
to Gloucester, Manchester, Rowley, Ipswich,
Hamilton, Salem, Swampscott, Lynn, and more.
MBTA Bus Service
The MBTA’s 451 bus makes 16 daily stops at
Cummings Center, Monday through Friday, in front
of Acapulco’s Mexican Family Restaurant at 900
Cummings Center. The 451 bus runs directly from
Cummings Center to the North Beverly and Salem
Commuter Rail Stations, allowing passengers to
connect with the Commuter Rail at either station or
transfer to the following local buses at Salem Station:
465 – Peabody Square, N. Shore Mall,
Liberty Tree Mall & Danvers Square
450 – W. Lynn Garage &
Haymarket/Wonderland
455 – Central Square (Lynn), W. Lynn &
Haymarket/Wonderland
456 – Central Square, Lynn (via Highland
Ave.)
459 – Central Square, Lynn, Logan Airport,
World Trade Center & Downtown Crossing
City of Beverly Shuttle
The City of Beverly Shuttle, operated by Cape Ann
Transportation Authority (CATA), connects Elliott
Landing and Cummings Center with 26 other Beverly
locations, including: Beverly Depot Commuter Rail
Station, City Hall, Beverly Hospital, and the YMCA.
The shuttle makes eight daily stops, Monday through
Friday (only), at Cummings Center, also in front of
Acapulco’s Mexican Family Restaurant at 900
Cummings Center. Upon request, the driver will
circle the 900 building for additional drop-offs.
BEING A “GOOD NEIGHBOR”
Condominium living can be a wonderful way for a
large group of people to enjoy the benefits of
community and shared responsibility. Homeowners
and residents, however, must remember that they
have many, immediate neighbors. A condominium is
quite different from a single-family home in that
alterations, including those limited to the interior of a
unit, and residents’ actions, including when in their
own homes, can far more easily affect neighbors.
Additionally, personal differences and disparate
viewpoints are inevitable among neighbors, so
homeowners and residents must endeavor to be
respectful of these differences in their day-to-day
interactions as well as at condominium meetings.
Noise and Quiet Hours
Homeowners, residents, and their guests should at all
times endeavor to keep noise to a reasonable level
conducive to the peaceful enjoyment of the
condominium by their neighbors. Quiet hours must be
especially respected between 9:00 PM and 9:00 AM.
During this time, residents must be particularly
careful to avoid causing loud noises or other
disturbances, and are encouraged to use headphones
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Page 10 of 47 Rev. 06/16/17
(or a very low volume setting) when listening to
music, playing video games, watching television, etc.
Concerns and Complaints
Homeowners or residents may report any violation of
condominium rules to the Board or Building
Management team in writing, including any pertinent
details, such as a description of the violation, the date
and time thereof, and the parties involved, if known.
The Board, Building Management, or Property
Management Company will attempt to verify
complaints, and shall take action, as appropriate,
which may include a verbal and/or written warning or
a notice of violation and fine. Such warnings or
notices will be emailed or delivered in-person, and,
when in writing, will be considered served on the
next calendar day after delivery. Homeowners or
residents who receive such a notice may request an
appeal hearing from the Board, as outlined in the
Governing Documents.
Vigilance
Neither Elliott Landing nor Cummings Center
provides any security services. (Although Cummings
Properties and Atlantic Boston Construction currently
provide watchstaff services in the form of
walkthroughs of Elliott Landing to check for possible
facilities issues.) The safety of the community relies
on all its members remaining appropriately vigilant
and engaged. For the safety of the entire community,
please do not open lobby or other entry doors to
people you do not know. In case of emergency or
what you deem to be serious suspicious activity,
immediately call 9-1-1. Once the appropriate
authorities have been contacted, please then notify
Building Management, if possible. If you see any
non-emergency suspicious activity, please note any
relevant details (including license plates, if
applicable) for future reference; you may also
consider calling Beverly Police at (978) 922-1212 (if
warranted) and notifying Building Management.
Soliciting and Advertising
Except by prior express written consent of the Board,
soliciting, advertising, canvassing, leafleting,
petitioning, endorsing, proselytizing, and similar
activities are prohibited at all times at Elliott Landing.
This includes materials that can be seen through an
exterior window or that are placed in exclusive-use or
common areas, slipped under any door, or handed to
a homeowner, resident, or guest. A limited exception
is made for approved advertising and notices installed
on the community bulletin board in the mailroom.
Harassment and Offensive Activities
Offensive activities are prohibited at Elliott Landing,
including doing or placing anything on the property
that may be a nuisance, create unpleasant odors, or
cause unreasonable embarrassment, disturbance, or
annoyance to any homeowner, resident, visitor, guest,
or the public. Harassment of homeowners, residents,
guests, visitors, trustees, or Building Management
staff is unacceptable and cannot be tolerated.
Harassment may include, but is not limited to, the use
of offensive statements, slurs, or epithets; excessive
or uninvited calling, mailing, emailing, or
surveillance of homeowners, residents, guests, or
visitors; heated confrontations of individuals;
threatening statements and/or behavior; inhibiting a
person from doing his or her job, or homeowners and
residents from enjoying the Condominium. Any such
behavior may result in a warning, notification of
violation and fine, and/or legal action.
MOVE-IN/MOVE-OUT
New Resident Registration
Building Management must receive completed
registration form(s) before the closing of a sale to or
beginning of a lease. These forms consist of the
Resident Information Form and, if applicable, the
Vehicle Registration Form and/or Pet Registration
Form. Insurance information must also be provided to
Building Management (see the Appendix for
Homeowner Insurance Requirements). In the event of
a lease, the homeowner of the leased home or the
lessee must supply Building Management with the
applicable completed registration form(s) listed above
and with a copy of the fully-executed lease. These
forms can be found in the Appendix and on the
Resident Portal at www.elliottlanding.com.
Scheduling a Move
Moves must be scheduled with Building
Management, typically at least five days in advance
of any move-in or move-out. Moving activities are
usually limited to Building Management business
hours, or Building Management’s discretion, if
circumstances warrant. Sunday moves are not
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Rev. 06/16/17 Page 11 of 47
permitted, regardless of circumstances. Only one
move can be scheduled at a time. Scheduling will be
determined on a first-come, first-served basis.
Inspection and Damages
For the protection of the resident and the Association,
the pertinent building common areas may be
inspected by the Building Management before and
after any move, and a Statement of Condition form
signed by both the homeowner and Building
Management representing the conditions of the
common areas. Each homeowner is liable for any
damages that occur as a result of any move-in or -out
of his or her unit.
Freight Elevator Use
Only the freight elevator may be used for moving
furniture or other large items into the building. Any
person desiring to use the elevator for such a move
may do so through the loading entrance or via the
direct garage entrances on the second and fourth
floors. Special care must always be taken to avoid
dragging or sliding any heavy object over the hallway
carpets to avoid damaging them.
Administrative Fee
Except for the inaugural purchasers of homes, each
homeowner or resident is required to provide the
Association with a non-refundable administrative fee
(see Fee Schedule) for each move-in or move-out.
This fee covers providing protective wall coverings in
the freight elevator and the Building Management
staff’s pre- and post-inspection of common areas.
This fee should be delivered to Building Management
at least 48 hours prior to the move-in or move-out.
This fee is not a security deposit for any damages
incurred during the move-in or move-out.
ACCESS TO BUILDING AND HOMES
Access to the Elliott Landing Condominium building,
and the individual homes therein, is controlled by a
variety of systems designed for ease-of-use,
reliability, and efficient access control. Homeowners
and residents may be asked to sign a Key Receipt
form upon receipt of keys/fobs.
Access to Common Areas
A proximity-based key fob entry system operates all
six entrances to the building: the main lobby entry,
common patio/courtyard (northwest) entry, exterior
loading dock door, first-floor garage entry (also
equipped with mechanized door operators for
improved accessibility), second-floor garage entry,
and fourth-floor garage entry. Doors to the mailroom,
Essex Room, Fitness Room, bicycle storage room,
and first-floor supplemental resident storage rooms
(Storage ―1–26,‖ ―27–62,‖ and ―63–73‖) are also
equipped with the same key fob entry system.
Building and common area doors equipped with the
key fob entry system are designed to lock
automatically when closed to limit unauthorized
access. Homeowners, residents, guests, and visitors
must be diligent about never propping open any
exterior building doors for any reason, except while
actively moving materials through the loading dock
door (with the interior door near the mailroom always
in the ―closed‖ position to reduce drafts). The top and
bottom flush bolts on the second (―inactive‖) panel of
the loading dock double doors must be re-engaged
promptly after use if they are disengaged during
loading. Leaving these bolts disengaged will prevent
the loading dock door from properly locking. For the
safety of the entire community, please do not allow
access to people you do not know.
Key Fobs
Each new home will initially receive two key fobs.
Homeowners can purchase additional or replacement
fobs from Building Management (see Fee Schedule).
For security reasons, a maximum of four key fobs
may be assigned to a home at any one time, with
exceptions made by Building Management on a case-
by-case basis. Each fob is imprinted with a serial
number, which is programmed into the access
systems. Each homeowner should record the serial
numbers of key fobs assigned to his or her home and
keep this list in a safe place. Loss or unauthorized use
of a fob must be reported to Building Management
immediately so that the key fob can be disabled in the
access control system. Building management may not
provide ―loaner‖ key fobs.
Aiphone Intercom
The main lobby entry, exterior loading dock door,
and second-floor garage entry are each equipped with
a convenient ―Aiphone‖ video intercom and remote
access control system, which connects to the Aiphone
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intercom station in each home. This system allows
residents to safely view and talk to visitors or
delivery personnel and permit entry into the building
(through these entries only) from the comfort of their
homes. Refer to the manufacturer’s user manual for
additional details (a basic operation guide is available
via the Resident Portal, on the ―Specification Sheets
and Manuals‖ page).
Home Keys
Homes come standard with conventional key-based
locksets. Two original keys are provided with each
new home. Homeowners can purchase additional
copies from the Building Management (see Fee
Schedule), or have high-quality copies made by a
reputable locksmith. Building Management will
typically retain one original cut of the key for each
new home, to be used for making additional copies (if
requested) and as a temporary ―pass key‖ (see
below). Homeowners who choose to replace their
locksets (with appropriate Board approval) must
supply Building Management with at least one
original cut of the new key, and are strongly urged to
coordinate with Building Management so that new
locksets are also keyed to the applicable master key
system.
Main Home Entry Doors
Homeowners and residents must be particularly
aware when entering or leaving their homes to ensure
that their entrance doors are secured. Main home
entry (hallway) doors are designed for the best fire
and smoke protection, including adjustable heavy-
duty closing devices and weather stripping. These
features ensure that, in the event of a fire, a properly
closed door will reduce the passage of smoke into or
out of a home, and also help prevent cooking odors
from escaping into common areas. For the weather
stripping to properly seal, however, the door must be
fully closed. This seal may also require residents to
pull slightly on the door handle when locking or
unlocking their main entry door.
Patio/Balcony Doors
Private patio and balcony doors also use a
conventional key-based system. Where applicable,
keys to these doors are provided with new homes.
Homeowners are solely responsible for the
safekeeping of such keys—Building Management
does not retain copies of these keys, and these doors
are not keyed to any building master key system.
Note that balcony/patio door locks are of very good
quality and are designed for resilient performance
under extreme winter storm and hurricane conditions,
with multiple protections to prevent their being blown
open in adverse weather, but they also require more
than casual attention when they are closed. Residents
should close these doors firmly and must take care
when closing them that the latch is fully engaged with
the door frame. The additional deadbolt should also
be engaged by lifting the handle when the door is in
the closed position. Residents should periodically
confirm that balcony/patio door locks are properly
engaged, especially when leaving for a night or an
extended period. On a cold night or in inclement
weather, any open door (or window) could lead to
major damage from frozen and burst pipes or water
infiltration. Residents experiencing difficulty
securing these locks should immediately place a
service call or notify Building Management.
“Pass Keys”
Building Management typically keeps at least one cut
of the key for each home, which, upon request by the
homeowner(s) or other authorized person, may be
provided as a ―pass key‖ for temporary use. Such
―pass keys‖ are intended for short-term use in the
event of a lockout (see below) or lost key, and should
be returned to Building Management as soon as the
user retrieves his or her usual key or obtains a
permanent replacement. Anyone requesting the
courtesy use of a pass key should expect to leave a
driver’s license or other collateral with the issuer of
the key until the key is returned.
Access by Visitors and Contractors
Residents are responsible at all times for making their
own arrangements to provide access to the building
and to their individual homes for guests, visitors,
contractors, cleaners and others. Building
Management will not typically provide ―pass keys‖ or
other access assistance to any visitors.
Accidental Lockouts
Any resident locked out of the building and/or of his
or her home may call Building Management to be let
in. Lockout requests during regular building
management business hours (currently Monday–
Friday, 8:00 AM – 5:00 PM) are free of charge.
Lockout requests outside of regular hours are subject
to the Building Management team’s availability and
will incur an off-hours service charge (see Fee
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Schedule), except when due to failure of equipment
that the Association is responsible for. Note that
Building Management will provide access only to the
homeowner(s) or other person(s) authorized by the
homeowner(s), and may request identification or
other proof prior to providing lockout service.
Residents should strongly consider leaving a spare
key with a neighbor for lockout assistance when
Building Management is not available. Building
Management cannot provide lockout services for
private patio or balcony doors. Residents may also
call a locksmith for lockout assistance.
Access to Homes by Association/Management
From time to time, it may be necessary for Building
Management, other representatives of the Property
Management Company, Trustees, or other persons
authorized by the Association to enter individual
homes in order to perform inspections, troubleshoot
or correct issues relating to common elements,
investigate complaints, respond to emergencies, or for
other purposes permitted under the Governing
Documents.
Typically, whenever practical, the Association will
provide 24–48 hours’ notice and arrange the entry for
a time reasonably convenient to the homeowner or
resident. In case of emergency, unresponsiveness or
lack of cooperation from the homeowner or resident,
or other exigent circumstance, however, entry may
occur immediately and/or without notice, whether or
not the homeowner or resident is present. Building
Management maintains master key systems designed
to allow entry into all areas of Elliott Landing,
including individual homes, but each homeowner is
responsible for ensuring that Building Management is
provided with a new key should the homeowner make
any changes to his or her lock(s) (see ―Home Keys,‖
above). If a working key is not immediately available
when access to a home is required, the Association
may use any means necessary to enter the home. Any
resulting damage and other reasonable costs, which
will typically include full replacement of a forced-in
door, will be the homeowner’s responsibility.
VEHICLES AND PARKING
Vehicle Registration
Each home is entitled to use two parking spaces in
areas reserved for Elliott Landing (see below).
Residents who expect to keep vehicle(s) parked on
Association property or in the reserved sections of the
garage must submit a completed Vehicle Registration
Form (see Appendix) when scheduling their move-in
and update this information with Building
Management upon the purchase and/or sale of a
registered vehicle or other pertinent change (e.g.,
change of license plate). Upon registering a vehicle,
residents will receive an ―EL‖ sticker for their car,
which should be visibly affixed to the lower left
corner of the back windshield of the vehicle.
General Rules for Vehicles
The speed limit for all vehicles within the Elliott
Landing Condominium parking and West Parking
Garage is 10 miles per hour. The repair and/or
washing of vehicles is not permitted in any common
area (including the parking garage), or on any
Cummings Center property. Parking on the street,
sidewalks, grass, and other common areas is
prohibited at all times, except by prior express written
consent of the Board. No vehicle may park at the
loading dock for more than 15 minutes without
specific advance approval from Building
Management. Please be aware that vehicles parked in
violation of Association or Cummings Center rules
(as applicable) may be towed without notice at the
vehicle owner’s risk and expense.
Allowed Vehicles
Elliott Landing’s reserved parking areas (detailed
below) are intended for use by private, non-
commercial, passenger vehicles only, consisting of
automobiles, sport utility vehicles, quiet motorcycles,
and small to mid-size pickup trucks used primarily
for transporting passengers. Vehicles with
―Commercial‖ plates are not necessarily excluded, so
long as they fit the above description and are not
fitted with ladder racks and/or lettering indicating a
company and/or a business logo. All vehicles on
Elliott Landing and Cummings Center property must
be operable, registered, and insured, and no boats,
trailers, noisy motorcycles, ATVs, four wheelers,
snowmobiles, recreational vehicles, or motor homes
of any size or type are allowed. Exceptions to the
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above and following restrictions on vehicle types
shall be by prior express written consent of the Board
only. Any vehicle leaking fluid must be removed
immediately so as not to pose a danger or threat to
persons, the Property or the environment.
Assigned Garage Parking
Elliott Landing is fortunate to have an arrangement
with Cummings Center whereby each home is
assigned a reserved, covered parking space in the
unconditioned West Garage parking structure
(operated by Cummings Center) adjacent and
connected to Elliott Landing, affording residents the
convenience of walking directly from their garage
parking into their condominium building. (A very few
pioneer homeowners have negotiated with Cummings
Center for long-term rights to occupy an additional
reserved garage space, but those few spaces are not
under the control of the Association.) Reserved
spaces in the garage will typically be identified by
number. A plan showing the ―final‖ configuration of
reserved garage spaces will likely be recorded at
some future date before the developer turns over
control of the Association. The entrance to West
Garage from within Cummings Center (i.e., the
ground floor/southeast entry) is typically open and
unlocked 24 hours every day. The entrance from
McKay Street is typically unlocked daily between
about 6:00AM and 10:00PM, but this schedule may
vary. Carts are provided on the first floor near the
mailroom or loading dock area for moving groceries,
lightweight luggage, and household items (only).
Unassigned Surface Parking
In addition to its assigned garage space, each home is
allowed the use of one unassigned parking space in
Elliott Landing’s reserved surface parking lot directly
outside the main (east) entry to the building.
Visitor and Contractor Parking
Visitors (including contractors and guests) may also
make use of their host’s parking spaces, provided that
the total number of spaces used by any home’s
owner(s), resident(s), and visitor(s) does not exceed
that home’s allotment of spaces at any time (typically
two spaces: one in the garage and one in Elliott
Landing’s reserved parking lot). Additionally, except
between 9:00 AM and 5:00 PM on weekdays (i.e.,
standard business hours), visitors may use general,
unreserved parking spaces throughout West Garage
and Cummings Center, subject to Cummings Center’s
parking rules. Overnight guests may not park at
Elliott Landing or Cummings Center for more than
three successive nights without approval from
Building Management. To avoid issues with
Cummings Center parking enforcement, overnight
guest vehicles should display a note in the rear
windshield reading ―GUEST OF HOME #XXX.‖
Snow Removal and Winter Parking
In order to keep the Elliott Landing surface parking
lot clear for snow removal and surface treatment,
vehicles must be removed from uncovered/surface
parking from 8:00 PM to 7:00 AM, Monday through
Friday, and all day on weekends, whenever snow
removal and treatment operations are underway (or
expected). Vehicles obstructing these operations may
be towed at the vehicle owner’s risk and expense. All
Elliott Landing residents are permitted and expected
to temporarily move vehicles not already parked in an
assigned garage space to the general parking area of
the West Garage. These vehicles must be promptly
relocated to Elliott Landing’s reserved surface
parking lot after snow removal and surface treatment
on said lot is complete. (This should be done by 8:00
AM on the next weekday morning to make garage
space available for daytime use by commercial clients
and employees.) Snow and ice control services (like
landscaping) are awarded to an external contractor on
an annual contract to limit the Association’s exposure
to long-term staffing commitments and liability.
Easements
For the mutual benefit and convenience of both
entities, Elliott Landing and Cummings Center have
an easement agreement governing the use of several
areas of the entities’ respective properties. This
agreement, for example, provides for Elliott
Landing’s reserved parking in the West Parking
Garage (owned by Cummings Center), as well as for
visitor parking and temporary snow parking for
residents in the unreserved areas of the garage.
Similarly, the agreement provides for Cummings
Center’s use of the driveway and parking area
(actually largely owned by Elliott Landing) that runs
from Center Drive to the West Parking Garage. The
agreement provides for other easements relating to
use of or passage through various areas around Elliott
Landing as well as to utility infrastructure, among
other items (including the solar panels, owned and
operated by Cummings Properties, on Elliott
Landing’s mechanical penthouse).
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MAIL AND DELIVERIES
First Class Mail
A mail kiosk is located in the mailroom on the first
floor for the delivery of first class mail from the
United States Postal Service (USPS). Each home is
assigned one mailbox and provided two copies of the
mailbox key. Replacement mailbox keys can be
purchased from the Building Management (see Fee
Schedule). Outgoing mail can be dropped in the letter
slots located at the mail kiosk. Public USPS
mailboxes are also available along the main front
driveway entrance on Center Drive, and a limited US
Postal Office is located at 100 Cummings Center,
Suite 108-F. The Building Management has no access
to individual mailboxes or outgoing mail. If a resident
or guest mails something in error, the individual must
be available at the next pickup time to retrieve the
mail when the box is opened by a USPS mail carrier.
To ensure proper delivery of mail, residents should
format their address as follows (where ―XXX‖ is the
home number):
First Name Last Name
Elliott Landing [optional]
201 Elliott Street, Unit XXX
Beverly, MA 01915
Package Deliveries From USPS
A few parcel lockers are available at the mail kiosk
for deliveries of larger items by USPS. When USPS
delivers an item to one of these mailboxes, the
delivery person will place the key for this parcel
locker in the appropriate recipient’s normal mailbox.
Upon retrieving an item from a parcel locker, the
recipient should leave this key in the lock of the
locker. If a package does not fit in one of these parcel
lockers, or if all lockers are in use, USPS will
typically either leave the package in the mailroom or
leave a note in the recipient’s mailbox indicating that
the recipient should pick up the package at the
Beverly Post Office at 151 Rantoul Street.
FedEx, UPS, etc. and Other Parcel Deliveries
Residents may arrange for deliveries from other
package delivery companies such as UPS, FedEx, and
DHL. If available, Building Management may
provide access to delivery personnel so that packages
can be delivered to the mailroom or the recipient’s
door. Otherwise, packages will be delivered to the
main entry vestibule and may be brought into the
lobby or mailroom by Building Management, when
next available. However, neither Building
Management nor the Association is responsible for
any lost, misplaced, mis-delivered, stolen, or
damaged package. Any package left outside of a
home must be brought inside the home the same day
as it is delivered. Residents expecting a delivery
while away for an extended period should consider
coordinating with a neighbor to have the package
brought into their home. No dry-cleaning or laundry
services shall be left in any Common Area or outside
any home at any time. When ordering large items,
owners must be aware of the shipping method and
confirm delivery to the door, or make appropriate
arrangements. Note that freight shipments will
sometimes only deliver to the curb or loading dock, in
which case the recipient must coordinate with the
carrier so that the recipient (or a representative) is
available at the time of delivery to receive the
shipment and promptly remove it from the loading
dock or curb (just as would be necessary at any
freestanding private home). Building Management
will not receive such freight deliveries on behalf of
any resident or homeowner.
Newspaper Deliveries
Newspapers are typically delivered to a basket in the
vestibule to be picked up by subscribers. (The
Association believes that granting access to
newspaper delivery personnel could negatively affect
the community’s safety.) Residents should honor
each other’s subscriptions by not appropriating papers
to which they do not subscribe.
CONDOMINIUM FEES, LATE FEES,
FINES, PENALTIES, AND ASSESSMENTS
Common Interest
The Common Interest or beneficial interest, which is
the basis for all Common Charges and voting weight,
is determined by the exact size of each home divided
by the aggregate total size of all homes, not including
exclusive common areas (such as balconies and
private patios).
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Budget and Condominium Fees
The cost to operate the condominium is paid by each
homeowner, according to his or her beneficial interest
in the property (see above), for the operation,
maintenance, management, and staffing of the
property supporting a current annual budget of about
$450,000. The Board will carefully review the budget
at the end of each calendar year for possible changes
to the budget and corresponding condominium fees
(with the first fee adjustment expected to go into
effect starting January 1, 2018). The budget may, at
the Board’s discretion, include a small fund to be
used for the provision of future amenities at the
Board’s direction. Dedicated ―concierge‖ service in
the form of a full- or part-time lobby attendant (or
attendants) is not currently included in the budget,
and, accordingly, is not provided. Such service could
be added (with a corresponding budget adjustment), if
desired, by a majority vote of homeowners (based on
Common Interest).
Payment of Condominium Fees
Condominium fees are due and payable to ―Elliott
Landing Condominium Trust‖ on the first day of each
month. Neither the Building Management staff nor
the Property Management Company will provide
invoices or regular reminders of monthly
condominium fees. Payment is typically made by
automatic electronic funds transfer (EFT), initiated by
completing the Electronic Fund Transfer
Authorization form found on the website and in the
Appendix. Alternatively, payment may be made by
regular check, electronic check, or money order and
must include the home number. Completed EFT
forms and check payments should be mailed to:
Elliott Landing Condominium Trust
Cummings Properties, LLC
200 West Cummings Park
Woburn, MA 01801
Late Fees
Payments for condominium fees received after the
fifth of the month shall be considered late and are
subject to a late fee. The Property Management
Company will typically notify an owner when a late
fee has been assessed, but owners should assume that
a late fee is payable with any condominium fees paid
after the fifth of the month. Delinquent accounts are
subject to interest at the rate of one and one-half
percent starting 30 days after the due date.
Fines
A bounced check fee will be assessed each time a
check is returned or an electronic payment is
declined. Fines for any violation of the Rules and
Regulations are typically assessed per day, per
violation, as long as the violation(s) exist. The Board
has the right and authorizes the Property Management
Company to remedy any violation and to charge the
homeowner(s) responsible for any expense(s)
incurred.
Fee and Fine Schedule and Administration
The Fee Schedule is included in the Appendix. Late
fees, fines, penalties, and assessments are due and
payable on the first day of the month, following the
date of first notification. Additional late fees accrue
each month if an account remains delinquent until the
entire balance is paid in full, together with all
expenses and/or penalties.
ASSOCIATION AND HOMEOWNER
INSURANCE
Association Insurance
The Association is required to carry casualty and
liability insurance with umbrella coverage. The
casualty insurance covers each individual unit as it
was delivered at the time of the initial sale from the
developer, as well as all Association property and
other assets against loss from hazards, such as fire or
wind damage. It does not cover the contents of any
home (these should be covered by homeowner
insurance, see below). The liability policy covers the
Association in case it is sued by third parties for
negligence, such as an accident on the property.
Homeowner Insurance
Each homeowner shall carry casualty insurance for
their furniture, fixtures, furnishings, and other
personal property located within their respective
homes (including any storage area, bike room,
garage, and patio/balcony area) and include coverage
for the Association master policy deductible. (For
example, if an insurance claim is placed for damages
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Rev. 06/16/17 Page 17 of 47
to a home, the Association master policy covers all
but the deductible, damage to improvements beyond
how the unit was initially delivered, and unit
contents; the homeowner is responsible for covering
the deductible, and damage to improvements and
contents.) Homeowners shall also maintain liability
insurance in the event of negligence, recklessness or
willful misconduct of the homeowner, its tenants,
guests, invitees, or contractors, including damage to
the Property (common areas). A typical so-called
HO6 insurance policy should meet these
requirements. A summary of these requirements,
which homeowners should forward to their agent, is
included in the Appendix.
UTILITIES AND
TELECOMMUNICATIONS
Electric Service
Each home has its own electric service (with a
dedicated breaker panel located in each home), which
the homeowner is responsible for paying for directly
to the utility company. Residents should contact
National Grid (1-800-322-3223) to start or transfer
service (inaugural buyers may fill out a Meter
Transfer Form). Building Management can provide
the meter number, if needed. In the event of a power
outage, first call National Grid (1-800-465-1212, or
check the outage website). If National Grid reports
that the outage is localized (i.e., not area-wide), then
contact Building Management (or the Cummings
Center Gatehouse, if afterhours). Residents
experiencing a lack of power to an appliance or a
group of lights/plugs should first check the home’s
dedicated breaker panel (typically located in the
utility/washer/dryer room or a nearby closet) for a
tripped breaker. The electric meter and main breaker
for each home are located in the common electric
room on the home’s respective floor (accessible via
Building Management during normal business hours).
The dedicated breaker for the USB outlets in each
kitchen is also located in the common electric room.
Natural Gas
National Grid provides natural gas to Elliott Landing
for the common boilers and hot water system, as well
as individual home cooktops and stoves, dryers, and
fireplaces. Heat, hot water, and other gas use are
covered by condominium fees, so mindful use of
heat, hot water, and gas appliances is paramount to
keeping common expenses reasonable for all owners.
Homeowners and residents should not expect to
receive a separate bill for their gas use. Residents
suspecting a gas leak should leave the area of the
suspected gas leak and immediately call National
Grid at 1-800-233-5325, and then notify Building
Management, if possible.
Water/Sewer Systems
Water service is provided by the city of Beverly and
sewer service is provided by South Essex Sewerage
District. Water and sewer fees are measured by a
single meter that serves the entire building and are
included in condominium fees, so, as with gas,
mindful use is crucial to keeping associated common
expenses reasonable for all owners.
Generator
In the event of a power outage, Elliott Landing is
equipped with a rooftop generator, which will provide
electrical power to fob-operated doors (but not
mechanical openers), certain common area lighting
and equipment, and a 4-port USB receptacle located
on the kitchen backsplash in each home. The
fireplaces located in many homes are designed to
work during a power outage. The elevators are also
connected to the generator. Should the power be
interrupted, the car will come to a stop for
approximately 60 seconds. Once the generator has
come on-line and emergency building systems switch
to generator power, both elevators will return to the
ground floor and the doors will open regardless of
where the car was going before the outage.
Solar Power
Elliott Landing contributes to a greener Beverly by
hosting a 33-panel, 11-kilowatt solar photovoltaic
array on its mechanical penthouse. While this array
(and the electrical service to which it connects) are
owned and managed by Cummings Center, the array
provides energy to offset some of the power used to
illuminate the garage spaces reserved for Elliott
Landing residences, as well as other site lighting. The
resulting electricity savings help defray Cummings
Center’s cost to provide and maintain these garage
spaces. This array is expected to generate more than
12,000 kilowatt-hours per year (equivalent to the use
of about two typical Massachusetts households) and
joins the more than 5,000 other solar panels and
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approximately 1.6 megawatts of installed solar
capacity across the Cummings Center campus.
Telephone/Internet/Cable TV Service
All homes are pre-wired with appropriate wall jacks
for these services, which are available at Elliott
Landing from Comcast. Residents can contact
Comcast (Richard Ventura, 978-735-3654,
[email protected]) to set up an account
and order services. Comcast will bill residents
directly for these services. Contact Comcast directly
for any problems with Comcast service. Please note,
Comcast telephone service may not work during a
power outage.
Common Utility Closet Access
Access to the common electrical and tele-
communications closets on each floor (housing the
electric meter, main breaker, and kitchen USB outlet
breaker for each home, as well as telecommunications
equipment) is available only during normal business
hours by contacting Building Management in
advance.
Courtesy Internet Access
Complimentary internet access is generally available
in the lobby and Essex Room. Users can set their
wireless access to search for an available signal and
the system should automatically find the network.
Building Management may set a password for this
network, which typically will be posted in the Essex
Room. Building Management cannot guarantee the
security of this internet connection, so users should
assume that any information transmitted over this
network may be intercepted by others.
Satellite Dishes/Reception Antennae
Satellite dishes or other receiving or transmitting
antennae may not be installed without prior written
consent from the Board, and then only in accordance
with the Rules and Regulations.
Irrigation and Landscaping
Elliott Landing uses an environmentally responsible
irrigation system. All of the lawn sprinklers at Elliott
Landing, as well as the other underground seepage
devices for watering many of our trees and shrubs,
are connected to a special water distribution system
that reclaims water from the Upper Shoe Pond. This
water is currently provided by Cummings Center, at
no charge to the Association. Landscaping services
(like snow removal) are awarded to an external
contractor on an annual contract to limit the
Association budget’s exposure to long-term staffing
commitments.
Video Monitors
Several common areas, including most outdoor
access points and some hallways, are equipped with
digital surveillance cameras. This unmonitored
system, totaling more than a dozen cameras, includes
a digital video recorder, which typically stores
approximately one to two weeks of images. The
system is not designed to be viewed in real time, but
rather to help after-the-fact in identifying any
potentially untoward activity that might occur, and to
possibly provide evidence if ever needed. For the
safety of the entire community, please do not open
lobby or stairway doors to people you do not know.
Elevators
The building is equipped with two elevators— one
passenger and one passenger/service. Both elevators
are connected to a 24-hour monitoring service.
Should a car become inoperable, with a passenger
inside, the passenger should follow the emergency
instructions on the elevator control panel, which will
connect him or her to the monitoring company, which
in turn will dispatch help.
TRASH DISPOSAL AND RECYCLING
Elliott Landing Condominium provides convenient
trash management and single-stream recycling
services. In addition to respecting the disposal
guidelines below, please respect your neighbors by
never littering and by cleaning up after yourself, your
guests, and your pets in common areas.
Trash
Floors two through six are equipped with a refuse
chute for household trash only (no recyclables or non-
household trash). Residents can access the chute to
the left of the elevators on upper floors. On the first
floor, residents should deposit trash in the trash
receptacle located in the first floor trash/recycling
room adjacent to the loading dock vestibule. Trash
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should always be kept in leak-proof plastic bags and
should only be deposited in the chute or in an
appropriate receptacle and should never be left on
patios or balconies or on the floor of the trash closets
or of the first floor trash/recycling room. Residents
should take care to never deposit anything in the
refuse chute that is recyclable or that may become
lodged in the chute (such as folded cardboard boxes).
Recycling
Elliott Landing’s single-stream recycling service does
not require separation of recyclable material.
Recyclables, however, may not be deposited in the
refuse chute. Instead, all recyclables must be
deposited directly (i.e., not in plastic/trash bags) in
one of the recycling receptacles located in the first
floor trash/recycling room adjacent to the loading
dock vestibule. Recyclables include:
Paper, such as printer and notebook paper,
newspaper with inserts, magazines, catalogs,
phone books, junk mail without plastic
windows, clean paperboard, egg cartons,
pizza and cereal boxes
Cardboard, (flattened and folded/cut to max.
3x3 ft.). Elliott Landing currently has a
dedicated cardboard recycling container,
which should be used to dispose of larger
amounts of cardboard (e.g., from move-ins or
large deliveries). This container is located
next to the compactor ramp, on the left when
entering the garage from the surface lot.
Glass bottles and jars (no broken glass, light
bulbs, or Pyrex)
Metal cans, clean aluminum foil, and aerosol
cans (no paint cans)
Plastic containers labeled 1 through 7 (except
styrofoam; no motor oil or chemical
containers). Note that plastic bags cannot be
recycled with household recycling but can be
brought to local supermarkets for recycling.
Disposal of Non-Household, Bulk, or Hazardous
Trash
Residents are responsible for arranging proper
disposal with an outside firm or at an offsite facility
for: large or bulky items (e.g., furniture, mattresses,
ornamental plants/trees, etc.), items requiring special
handling (e.g., televisions, monitors, computer and
other electronics, fluorescent lamps, hazardous waste,
medical waste/sharps), debris from in-home
construction, and other non-household trash. Such
items cannot be disposed of in the refuse chute or
other common trash/recycling receptacles.
Additionally, ornamental plants susceptible to needle
or leaf shedding (such as Christmas trees) being
brought in or taken out through common areas must
bagged or wrapped to prevent shedding. Such items
must also never be discarded from balconies.
Building Management may be able to provide contact
information for disposal services providers.
PETS
Pet Registration
Per the Governing Documents, registration is
required for all pets except fish (however, there will
hopefully be no objection to small animals contained
at all times in an enclosure, such as hamsters or
gerbils, not being registered). Residents must submit
their completed pet registration form(s) to Building
Management, along with a non-refundable fee for
each registration request (see Fee Schedule) and, if
applicable, evidence of permission from the owner to
keep a pet (e.g., written in the lease). The pet
registration fee is waived for all initial owners, but
registration is still required. A maximum of two pets
can be registered to any single home.
Permitted Pets
No breeds deemed to be dangerous by the
Association’s insurance carrier(s) are permitted at
Elliott Landing, including, but not limited to, Pit
Bulls, Staffordshire Terriers, Rottweilers, German
Shepherds, Dobermans, Mastiffs, Huskies. The Board
may further exclude a pet for any other reason,
including, but not limited to, the general disposition
or noise level of the individual pet.
Pet Relief Areas
Elliott Landing currently offers two on-site pet relief
areas. The first is a fenced area located at the north
end of the garden court (beyond the grill area), near
the McKay St. entrance to the garage. The second
area was generously provided as an extra amenity by
Cummings Properties, and is located immediately to
the south of the Elliott Landing surface lot, behind the
stone wall of the Cummings Center fountain.
Additionally, there are several nearby areas outside of
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Elliott Landing property, such as the public pathway
along the Upper and Lower Shoe Ponds and the park
across Elliott St., that are suitable for dog walking.
Responsibility of Pet Owners
Pet owners must take special care to not let their
pet(s) interfere with the enjoyment of Elliott Landing
residents and guests. Pets must be restrained in a
controlled manner at all times and in compliance with
all local leash laws. Except within the pet owner’s
home, the designated pet relief areas (see above), and
in transit to and from these areas, pets are not allowed
in any common area, including the fire pit and garden
court/courtyard area, common landscaped areas, and
at Cummings Center (except on the public Shoe Pond
pathway). Pets should never be left unattended on a
balcony or patio. The pet owner is responsible for
immediately clearing, cleaning, and sanitizing any
area soiled by pet waste and for properly disposing of
any feces. No pets, other than service or support
animals permitted by federal or state law, are allowed
in the Essex Room, Recreation Areas, or storage
rooms.
Violations of Pet Rules
Pet owners should expect to be assessed a fine (and
any associated costs) if they violate any of the above
conditions. A violation may result in the Board
placing restrictions on the offending pet or pet owner
(e.g., loss of pet area privileges), or in the permanent
removal of the offending pet from Elliott Landing
upon five days’ written notice from the Board.
COMMON AMENITIES
General Rules for Use
Elliott Landing offers common amenities, including
the Essex Room and Recreation Areas (Fitness
Room, Billiards Room, garden court, fire pit, and
grills), for the personal, peaceful enjoyment of
homeowners, residents, and their guests. Please
respect your neighbors by keeping these areas clean
and tidy at all times, and by observing quiet hours
between 9:00 PM and 9:00 AM. Any Association
furniture or equipment in these areas may only be
removed with written approval from the Board, and
must be promptly returned to its original location
after use. Anyone using the common amenities must
wear appropriate attire, including footwear, and those
younger than 16 years of age must be accompanied
by an adult. No one shall sleep or stay overnight in
these areas. Loud noises, disturbing music, and/or
excessive cell phone usage are prohibited. Visitors
must be accompanied by a homeowner or resident at
all times, and homeowners are ultimately responsible
for all actions of their tenants or visitors. All use of
common areas/amenities is at the risk of the users.
Please refer to Governing Documents for complete
rules and regulations for the use of common areas.
Essex Room and Outdoor Recreation Areas
The Essex Room can be thought of as a shared
―living room‖ for all of Elliott Landing’s residents. It
is a lounge-style area equipped with furniture, a
large-screen HDTV, and a full kitchen. The outdoor
Recreation Areas, which include the garden court,
picnic tables, a fire pit, and grills, provide open-air
leisure space. In enjoying these spaces, homeowners,
residents, and their guests must always be aware of
their surroundings and respectful of the individuals
and homes around them. Residents may temporarily
bring items into these areas for their personal use, but
must remove these items when they leave the area.
Anyone wishing to donate an item to the Essex Room
or Recreation Areas must propose the idea to the
Board, which will evaluate the usefulness, need,
safety, and condition of each item prior to making a
final decision. The Association is grateful to pioneer
homeowner Laura Mok for her generous donation of
the Essex Room’s piano. This piano should be treated
with care and should not be moved. Books may be
left in a cooperative mini library in the Essex Room
or mailroom, once established, subject to policies to
be established by a volunteer resident librarian.
Gas Grills and Fire Pit
In addition to the general rules above and any posted
signage, use of the gas grills and fire pit is subject to
the following rules:
Grills are available on a first-come, first-
served basis, but users should be considerate
of others waiting to use a grill.
The grills and fire pit are to be operated only
by residents 18+.
Each grill should be thoroughly cleaned
(including using provided brushes) after each
use.
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Grill and fire pit areas are ―carry in, carry
out‖ and should be left clean and clear after
each use.
The grills and fire pit should be allowed to
cool before replacing their respective covers.
The two grills and the fire pit each has a
separate gas shutoff (to the left of the grills
and behind the door panel in the fire pit
enclosure), which should be turned off when
that appliance is not in active use.
Fitness Room
Stay fit without leaving home! Homeowners and
residents have use of the Fitness Room between the
hours of 4:00 AM and midnight (typically). The
Fitness Room is for active use of the equipment (and
associated stretching, etc.) only. There is a 30-minute
time limit on all fitness equipment if others are
waiting to use the equipment. The Fitness Room is
for homeowners and residents only; those under 16
years of age must be supervised by an adult. Guests,
visitors, and children under 12 years of age are not
allowed. Proper attire and footwear are required.
Please exercise extreme caution when using fitness
equipment, follow the listed instructions, and wipe
down machines after use. Use of equipment is at the
user’s sole risk. Those wishing to use the Fitness
Room should consult a doctor before starting any
workout program and may be required to execute a
release of liability form (see Appendix). No food or
beverages other than water are allowed in the Fitness
Room. Cell phone use is not permitted when others
are present, and music is permitted only with earbuds
or headsets. Television channel selection is on a first-
come, first-served basis. Please report problems with
equipment or violations of Fitness Room rules to
Building Management immediately.
Billiards Room
The Billiards Room is located off the first-floor
common hallway, behind the Fitness Room. The
Association is grateful to pioneer homeowners Karen
and Michael Hubbard for generously providing the
pool table. The Billiards Room is unlocked and is
available for use between 9:00 AM and 9:00 PM,
seven days a week (given the potential for noise
disturbance to residents, this ensures that quiet hours
are respected). The Billiards Room is limited to a
maximum of six occupants at a time and is ―carry in,
carry out.‖ Short pool cues are provided to facilitate
tighter shots, and should be used as appropriate to
reduce the risk of damaging the Billiard Room’s
walls. All users are reminded to handle the pool
equipment carefully and responsibly to avoid injury
or damage. This includes never placing any food,
drink, or other items aside from billiard balls on the
pool table. Please report any damage to the Billiards
Room or pool equipment to Building Management
immediately.
Reservation of Essex Room for Private Events
The Essex Room may be reserved on occasion by
homeowners for private events on a first-come, first-
served basis by submitting a completed reservation
form (see Appendix) along with payment of a non-
refundable reservation fee (see Fee Schedule). To
avoid monopolizing use of the Essex Room,
homeowners may reserve the Essex Room one time
per home each calendar year, and reservations may be
made up to one calendar year in advance, but not for
the same holiday or date two years in a row. The
room must be cleaned and left as it was found after
use. Please see the reservation form for additional
details. If alcohol is served or consumed, a separate
―Use, Indemnification and Hold Harmless
Agreement‖ is also required (see Appendix).
Smoking
Smoking is permitted only in the interior of individual
homes and in designated outdoor smoking areas (if
any) located at least 50 feet from any portion of the
condominium building or the parking garage.
Smoking is otherwise prohibited in all areas of Elliott
Landing, including private balconies and patios.
These rules extend to the use of all smoking products,
including electronic cigarettes and vaporizers.
Homeowners are responsible for ensuring that their
tenants and visitors (including guests and contractors)
are fully aware of and abide by these rules.
RESIDENT STORAGE AREAS
Supplemental Storage Rooms
Each home is assigned one lockable storage cage in
one of three, first-floor storage rooms (Storage ―1–
26,‖ ―27–62,‖ and ―63–73‖) to supplement ample in-
home storage space. These storage rooms are
conditioned. Residents can use their fob to access the
storage rooms and provide their own padlock if they
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wish to lock their individual storage cage. Stored
items must fit completely in the individual storage
cages, and storage cage doors must be kept closed
when not in use. No food or other perishables, or
volatile, flammable, toxic, or odorous materials (e.g.,
paint, solvents, motor oil) may be stored in storage
cages. Absolutely no storage is permitted outside of
storage cages; items left outside of storage cages may
be removed and disposed of by Building
Management without notice. The Association is not
responsible for the storage cages or anything stored
within them, and residents are solely and entirely
responsible for the upkeep of their storage cage, any
materials they store, and for any damage they or their
stored items cause to other residents’ stored materials
or cages. Homeowners may have shelving installed in
their storage cage with Association approval.
Shelving shall not obstruct or otherwise affect use of
adjacent storage cages or access paths. Installation
and any necessary wall patching, etc., is the sole
responsibility of the installing owner (see ―Warranty,
Maintenance, and Alterations‖ for additional
information on making alterations and
improvements). Residents are reminded that storage
is never permitted on balconies or patios.
Bicycle and Kayak Storage
A room is available, at no cost, in the garage for a
limited number of actively used bicycles. It is
currently located on the first floor of the garage, near
the ramp entry to Elliott Landing. A second,
supplemental bicycle storage room may also be made
available at the discretion of Cummings Center. Only
bicycles in good working condition may be stored in
the bicycle room(s). Servicing of bicycles or other
equipment is not permitted in the bicycle storage
room(s) or elsewhere in the garage. To ensure that
storage space is used efficiently, Building
Management may, from time to time, review stored
bicycles and, with reasonable notice to all residents
(e.g., via newsletter or email), remove bicycles
determined to be abandoned or not stored in
accordance with these rules. Kayaks may be stored on
designated racks, currently located next to the
compactor ramp (on the left when entering the garage
from the ground level surface lot). Kayaks and other
recreational equipment should not be stored in the
bicycle room(s). Bicycle and kayak storage are first-
come, first-served, although individual residents
should be mindful of other residents in not
monopolizing bicycle storage space or kayak racks.
Residents may also keep bicycles and other recreation
equipment in their homes, but must be mindful and
respectful of fellow residents when transporting such
equipment through common areas and in the freight
elevator (residents may only use the freight elevator
for such transport), and must take care not to track
dirt into, or otherwise damage, common areas. No
storage of bicycles or any other items is permitted in
hallways, stairwells, common entries, or anywhere
else where such storage may create an obstruction or
inconvenience to residents.
RENTALS AND GUESTS
Rentals
In order to preserve the highest property values for
Elliott Landing homes, enhance their mortgageability,
and foster a stable community, Association rules limit
the number of homes leased by homeowners to seven
at any one time; the Board may, at its sole discretion,
approve leases beyond this limit upon written
application by a homeowner. Homeowners should
confirm with the Board or Building Management that
this cap has not been reached prior to executing a
lease. Within this cap, any homeowner may lease his
or her home provided the lease complies with the
applicable rules and requirements laid out in the
Governing Documents, which limit leases to a
minimum length of one year and a maximum length
of two years, and prohibit leases for a portion of a
home (i.e., not the whole unit), as well as hotel-style
(e.g., Airbnb, HomeAway), non-single-family (i.e.,
more than two roommates), and non-residential
leases. All lease contracts must include the
―Important Clause‖ shown in Section 11 of the
Master Deed and a copy of the fully executed lease
must be provided to the Association. Tenants must
provide the same information and completed forms as
new homeowners/residents (see ―Move-In/Move-
Out‖), and comply with all Association rules.
Homeowners should be aware that they are ultimately
responsible for all actions of their tenants and their
tenants’ visitors (including guests and contractors).
Guests
Residents are, of course, free to invite guests to their
homes. As with all residents and other visitors to
Elliott Landing, guests must comply with all
Association rules; homeowners should be aware that
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they are ultimately responsible for the actions of their
visitors, including guests and contractors, and their
tenants’ guests, if applicable. Residents must control
the noise level of their visitors, and the Board may
ask visitors who create a nuisance to leave Elliott
Landing property. If a resident expects to host a guest
for 30 days or longer, the resident must provide the
guest’s name to Building Management (and is
encouraged to provide contact information, such as a
cell phone number). For information on visitor
parking, please refer to ―Vehicles and Parking.‖
HOME SALES
Home Sales
At Elliott Landing, as with most condominiums,
homeowners are entitled to sell their homes at will,
provided that the sale complies with the Governing
Documents, which lay out certain seller
responsibilities (see below) and prohibit homeowners
from selling any portion of a home (i.e., only an
entire home can be sold). Additionally, no ―For Sale,‖
―For Lease,‖ or similar signs shall be displayed in any
window or anywhere on Elliott Landing property
unless specifically approved in writing by the Board.
Seller Responsibilities
Homeowners selling their homes must immediately
submit a Seller Notification Form to the Board or
Building Management, including information on the
sale and the real estate agent. Upon signing a
Purchase and Sale Agreement, the homeowner must
submit a Pending Sale Notification Form, including
the buyer’s contact information. Prior to or at closing,
the homeowner must provide the buyer with copies of
the Governing Documents and a Governing
Document Acknowledgement Form, as well as two
mailbox keys and two common area key fobs. The
homeowner also must submit a Resident Information
Form for the buyer (or new resident, if different). To
facilitate this, the buyer is responsible for providing
the seller with the applicable registration form(s) at
least 14 days in advance of the closing date (see
―Move-In,‖ ―Vehicles and Parking,‖ and ―Pets‖ for
additional details regarding registration forms).
Neither the Building Management nor the Board is
responsible for supplying documentation or warranty
information concerning any appliances, electronics,
or other equipment sold with a home.
“6D” Certificate Request
A ―6D‖ Certificate (typically required to finance or
refinance a condominium home) confirms that the
current homeowner has paid all monies owed to the
Association. Potential or existing homeowners may
request a ―6D‖ Certificate by submitting a check for
its preparation (see Fee Schedule) to a member of the
Building Management team. (Any outstanding
balance must first be paid by certified check or
money order.) Please allow at least three business
days for issuance of a ―6D‖ Certificate.
Condominium Questionnaire If a home is resold or refinanced, the prospective
borrower’s lender will likely ask the Association to
complete a multipage questionnaire. The
questionnaire should be forwarded, along with the
administrative charge (see Fee Schedule), to a
member of the Building Management team. Please
allow at least seven days for preparation of the
questionnaire.
CONDOMINIUM USE AND DEFINITIONS Home Use
The use of any home for a purpose other than as a
residence is strictly prohibited, except for an in-home
office that does not generate foot traffic or deliveries.
Common and Limited Common Areas Common areas are those portions of the
condominium shared by all residents (i.e., ―common‖
to all). Examples of these include structural
components of the building, exterior cladding,
elevators, exterior walkways, interior demising walls,
stairwells, hallways, the lobby area, the Essex Room
and Recreation Areas, the parking lot, and the
building systems that service the entire building (such
as the central heating and cooling plant and hot water
system). Limited common areas are those portions of
the condominium that are designed for the sole use
and enjoyment of one owner, such as each home’s
storage unit, windows, and balcony or patio (if
applicable).
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Use of Balconies and Patios
Patios and balconies are for the exclusive use of their
respective owners, but are considered ―limited
common areas,‖ and their use is governed by the
Association. Fires, including without limitation the
use of any cooking apparatus, are not permitted. The
storage of any personal property (e.g., tools, toys,
bikes, birdhouses, wreaths, flags, wind chimes,
doormats, shoes, boots, umbrellas, and storage
containers) is not permitted, other than approved
furniture in good condition and small plants (see
below). Additionally, outdoor drying or airing of
clothes, rugs, etc. is not permitted and no clothes,
linens, or other material shall be hung or shaken from
balconies or patios. Tool use is not permitted on
balconies or patios, aside from that associated with
the maintenance of these areas or the installation of
decking thereupon (see below), and at no time shall
any sawing, cutting, or drilling of materials be
performed on balconies or patios. Homeowners have
the option to install balcony decking (see below),
which must meet the Association’s approved
specifications.
Approved Balcony and Patio Items
All furnishings for balconies and patios must be kept
clean and in good and safe working condition, and
must adhere to the following rules:
Furniture must be constructed of materials
that are long-wearing, non-corroding (or rust-
resistant), and UV- and rot-resistant. Such
materials may include high-quality teak
wood, powder-coated or anodized aluminum,
durable polymer resin, synthetic ―All-
Weather‖ wicker, and ―Polywood‖ or similar
products. Wrought iron and natural wicker
are not appropriate.
Colors for furniture, furniture covers,
planters, and pots must be neutral (e.g.,
cream, tan, brown, navy blue, or black).
Patterns and colors for pillows are at the
discretion of individual homeowners. Pillows
must be appropriate for outdoor use.
Furniture covers, cushions, and similar loose
items must be secured to avoid being carried
by wind.
Large plants (especially any that may tip over
in the wind) are not permitted.
Planters and pots must have dishes or trays to
catch any drainage from watering.
No part of any item (including plants) may
extend beyond or over balcony railings or rub
against the railing system.
No items may be hooked or hung on railings,
balconies, or the building.
Items must not unsafely impede movement
on balconies and patios, and must be located
so as to eliminate the risk of being pushed or
kicked off of balconies.
Balcony Decking
Homeowners wishing to install decking on their
balcony or patio must follow the approved
specifications for optional balcony decking, available
via the Resident Portal and summarized below.
Decking is optional and at the expense of each
individual homeowner.
The approved decking material is Veranda
ArmorGuard in Brazilian Walnut or Seaside
Gray, and the installation method is detailed
in the specification sheets, which can be
shared with your contractor.
No substitutions of materials or installation
method can be made without prior written
approval from Building Management.
Material sizes and installation details vary by
balcony size and configuration. Please verify
if your balcony is Type A or B (using the
tables on the specification sheets) and have
your contractor check as-built conditions
prior to purchasing materials and starting
construction.
As with any other work at Elliott Landing,
contractors must be insured (see Contractor
Insurance Requirements).
Home Boundaries The boundaries of a home are as follows: The upper
surface of the concrete floor; the plane of the lower
surface of the underside of steel decking and
supporting beams (above the ceiling); the plane of the
surface of the wall studs facing the interior of the
unit; and the interior surfaces of the windows.
Additional Items Part of Homes The home also includes: any heating and air
conditioner units (fan coils) serving the home;
baseboard heat; fireplace; smoke, carbon monoxide
and heat detectors; light fixtures serving balconies or
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patios; and other wiring, fixtures, vents and ductwork
within a homeowner’s walls and ceilings; as well as
all pipes, wires, plumbing or conduits leading from
common service lines back to the home, dryer vents,
bath and shower piping and/or other utilities or
conduits for utilities, whether located within or
without the boundary of a home, that service only that
home. Additionally, the homeowner owns all non-
load-bearing and non-demising walls, as well as
cabinets and counters, doors, door frames and door
hardware, all appliances, electrical light fixtures,
outlets, and switches, bathroom fixtures, exhaust fans,
and floor and wall coverings.
Exterior Appearance
In order to preserve a coherent exterior appearance at
Elliott Landing, the Association limits the installation
or display of anything directly visible from the
exterior of the building or of individual homes. The
externally visible portion of any shades, blinds,
draperies, or other window coverings may only be
white or off-white; no colored sheets are allowed.
Additionally, no advertising, banners, sports or
political messaging, holiday decorations, or similar
items may be displayed in or on exterior windows or
doors, on hallway doors or walls, or on the exterior of
the building without the Board’s written approval.
(Small, inconspicuous mezuzahs or similar symbols
of faith that otherwise comply with the Governing
Documents are permitted.) The Association provides
for annual washing of exterior faces of building
windows (typically in the summer or late spring).
Interior faces of windows and exterior faces giving
onto balconies and patios are the responsibility of
owners for reasons of access.
Hallway Door Mats
In order to mitigate safety concerns (e.g., tripping,
fire hazards), any impairment to accessibility, and to
ensure a clean, homogenous appearance in common
areas, hallway doormats outside of individual home
doors are not allowed. The developer considered this
issue during design and construction and installed
―walk-off‖ mats (or similar) at all common entries,
which help reduce the amount of dirt tracked into
common areas (and, subsequently, homes). Any rule
change to allow doormats outside of individual
homes would first require some investigation into
potential safety issues (such as fire code). Residents
may, of course, put mats inside their homes.
HVAC AND FIREPLACES
Central HVAC Equipment
Elliott Landing’s heating, ventilation, and air
conditioning system features high-efficiency,
centralized heating and cooling plants and energy
recovery ventilators. Major equipment is located in
the mechanical penthouse and on the roof. This
system feeds the hot and cold loops that deliver
heating and cooling throughout the building, and also
supplies tempered fresh air. (A separate domestic hot
water system supplies hot water to taps.)
In-Home HVAC Equipment
Each home is equipped with one or more fan coil
unit(s) (FCU’s) connected to the hot and cold loops.
These provide heating and cooling by drawing air
over a hot or cold radiator and distributing the
conditioned air throughout the home. Homeowners
should regularly maintain their FCU’s (see Warranty,
Maintenance, and Alterations, below). A 5/32‖ Allen
wrench is required to unmount FCU wall covers.
FCU’s are controlled by wall-mounted digital
thermostats in each home. The thermostats are
programmed by the manufacturer to maintain a
minimum fan speed (even when not actively heating
or cooling) to promote air circulation; this is called
―Continuous Fan‖ mode. Homeowners can change
this setting to have the fan run only in active heating
or cooling mode (―Cycled Fan‖ mode). To do this:
1. Press and hold the TEMP ᴧ, TEMP ᴠ, and
FAN buttons simultaneously
2. Press the TEMP ᴠ button until the display
shows ―P2‖ (note: the display will show ―P2‖
steady when in Continuous Fan mode and
flashing when in Cycled Fan mode)
3. Press the FAN button until the display shows
―P2‖ flashing
4. Press the Heat/Cool button to exit set up.
Homes with the most extensive exterior glazing (i.e.,
large window area) are also equipped with baseboard
heat along some windows. Baseboard heat systems
are controlled by separate wall-mounted thermostats.
Fireplaces
Many homes are equipped with built-in gas fireplaces
to provide both ambiance and cozy heat in the living
room area. Fireplaces also can provide a good source
of heat in the event of a power or building system
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outage. The fireplaces are largely self-contained, but
users should take care not to touch or rest anything
against any hot areas. The batteries in each fireplace’s
remote control and control module (located in the
fireplace unit) should be changed each heating
season, and should be checked if the fireplace or
remote is not working. Fireplace remotes can be
programmed with a four-digit code, and most remotes
have been programmed with the applicable home
number (e.g., the remote for home 100 would be
programmed to ―0100‖). To minimize interference
with other remotes, these codes should not be
changed once they are set to the home number.
WARRANTY, MAINTENANCE, AND
ALTERATIONS
Warranty The design and construction of Elliott Landing was
performed by a professional and experienced team,
led by Cummings Properties, and is backed by a one-
year builder’s warranty for inaugural buyers. The full
warranty is included in the Appendix. Maintenance Responsibilities One of the most commonly asked questions by
homeowners is ―who is responsible for maintaining
what?‖ Generally, the Association is responsible for
the common elements, while the homeowner is
responsible for the proper maintenance, replacement,
and repair of the home, its limited common areas, and
any equipment serving only that home (except for the
capital repair and replacement of limited common
area elements, such as balconies and patios). Service
calls for items that are the Association’s
responsibility may be placed with Building
Management by emailing [email protected], via the online service call portal, or by calling
Building Management at 978-720-8347 or the
―Maintenance Shop‖ at 978-720-4028.
Homeowner Maintenance Guide A quick reference Homeowner Maintenance Guide is
included in the Appendix. Each homeowner is
responsible for any and all damage to any other
homes and/or common areas caused by his or her
failure to satisfy any maintenance obligation, or the
misuse or failure of any equipment serving the home.
Questions regarding maintenance responsibilities may
be directed to Building Management. As with all
condominiums, the Governing Documents
specifically outline the respective responsibilities of
the Association and the homeowner. Vacation Periods/Extended Absences If a homeowner is away from the home for more than
one night, the Association asks homeowners to
prepare their home before departure. This policy is
designed to protect not only the homeowner’s
property, but the adjacent homes and Association
property as well. It is highly recommended that the
main water supply valve be turned off. (If you require
assistance locating your shut-off, please contact
Building Management.) Leaving the water on in an
empty home can mean an expensive disaster if there
is a water leak that goes unnoticed for even a short
period. To allow air to circulate and lessen the
potential for mold and mildew, do not turn your
heat/air-conditioning units off, and open kitchen
cabinet, bedroom, closet and laundry doors. (Note
that the formation of mold in a home often requires
costly cleanup/remediation.) Plumbing traps may dry
out if not used for extended periods, resulting in
offensive odors; homeowners should consider having
someone ―top off‖ traps during extended absences.
Homeowners should also move patio/balcony
furniture inside the home. Equipment Information, Manuals, and Operating
Instructions This information, which includes equipment model
numbers, is available through the homeowner’s portal
at www.elliottlanding.com.
Proper Care of Hardwood Flooring
Elliott Landing homes feature Mirage engineered
hardwood flooring. Residents should follow the
manufacturer’s recommendations for proper care,
which are summarized in the ―Floor Maintenance
Tips‖ available on the Resident Portal (on the
―Specification Sheets and Manuals‖ page). Note that
the finish used by Mirage is stain resistant, and
simple vacuuming should typically provide
satisfactory cleaning. Importantly, the manufacturer
recommends that residents ―not use a wet mop that
can leave excess water behind,‖ and suggests using ―a
light mist of Mirage Clean on a terry cloth mop‖
when vacuuming is not sufficient. As with all wood
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Rev. 06/16/17 Page 27 of 47
flooring, Mirage engineered hardwood floors are
susceptible to dents or damage when subjected to
heavy point loads, dragged furniture, hard casters,
dropped items, abrasive dirt/sand, etc.
Alterations
No homeowner or resident shall make any addition,
alteration or improvement in or to his or her home or
to any portion of the common areas or limited
common areas without the prior written consent of
the Board and without obtaining all necessary
permits. Said request shall include adequate plans,
specifications, and similar items, so as to enable the
Board to reasonably review such request and shall
otherwise fully comply with the Master Deed (see
Section 11(g)) and Declaration of Trust and By-Laws
(see Section 5.6(f) and Section 5.8), including its
Rules and Regulations (see #25). Contractor Insurance Any homeowner who has been authorized to carry
out any work on his or her home or storage cage shall
ensure that any contractor is licensed and has
adequate insurance, as determined by the Board. Prior
to the commencement of any approved work, the
owner or owner’s contractor shall provide evidence
of such insurance policy to the Trustees, which policy
must, at a minimum, include Elliott Landing
Condominium Trust and the Property Management
Company as additional insureds. (A summary of
contractor insurance requirements is included in the
Appendix.) The Association, however, will
sometimes make an exception and accept simple
proof of commercially reasonable general liability
insurance (and worker’s comp, if required) for minor
work, such as cosmetic work not requiring a building
permit that does not modify or otherwise add to any
electrical, plumbing, or mechanical systems. Finding a Contractor or Repair Person Because Building Management is not able to perform
maintenance work for individual homeowners (except
to assist with work covered under the initial builder’s
warranty), it is often necessary to find a contractor.
Whether you are looking for a plumber, electrician,
painter, or just a general handyman, Building
Management may be able to provide contact
information for local firms. Any leads from Building
Management, however, should not be considered an
endorsement or recommendation.
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Page 28 of 47 Rev. 06/16/17
APPENDICES
A. Fee Schedule
B. Homeowner Maintenance Guide
C. Limited Warranty
D. Useful Contact Information
SUMMARIES OF INSURANCE REQUIREMENTS:
Summary of Homeowner Insurance Requirements
Summary of Contractor Insurance Requirements
FORMS:
Resident Information Form
Vehicle Registration Form
Electronic Funds Transfer (EFT) Form
Utility Transfer Form
Fitness Room Release
Statement of Condition
Pet Request Form
Essex Room Reservation Request Form
Use, Indemnification, and Hold Harmless Agreement Form (Alcohol Release)
Key Receipt Form
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Rev. 06/16/17 Page 29 of 47
APPENDIX A
FEE SCHEDULE
Item Charge
Late fee (per month balance is outstanding) $50
Insufficient funds (per return), as an additional fee $30
Rules and Regulations Violation (per violation, per day) Min. $25
Replacement or additional key fob $45
Replacement or additional home key $25 ($10 for ea. add’l)
Accidental lockout – afterhours (subject to Mgmt avail.) $145
Replacement mailbox key (cylinder replacement) $100
Administrative move-in/move-out fee* $100
Pet registration request* $100
6D Certificate* $125
Condominium Questionnaire (for sale of home)* $125
Essex Room reservation fee $100
*Waived for inaugural buyer(s) of each home.
All checks payable to Elliott Landing Condominium Trust
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Page 30 of 47 Rev. 06/16/17
APPENDIX B
HOMEOWNER MAINTENANCE GUIDE This guide was compiled to help homeowners understand, care for and maintain their homes, but should not be considered exhaustive. (Nor is this guide meant to supplant manufacturer recommendations for care and maintenance of the materials and equipment in Elliott Landing homes.) The owner should perform the maintenance tasks summarized below. Each owner shall be responsible for any damage to any other homes and/or common areas caused by his or her failure to follow these guidelines or the misuse any equipment serving the home. Please see the Governing Documents for additional details or clarifications, or contact Building Management with questions. General Homeowners shall take necessary measures to retard and prevent mold from accumulating in their home by removing moisture accumulation, drying and sanitizing all spills and leaks, and, when necessary, engaging a professional remediation company to mitigate any damage to the home resulting from leaks and/or spills. Pest Control Pest control is the responsibility of the homeowner/resident. Occasionally, a resident will encounter a pest issue. In the case of insects, the issue can usually be traced back to a potted plant recently purchased. Residents should check any houseplants carefully for insects before purchase. Prevention means paying careful attention to any items purchased locally, particularly any items purchased from yard sales and plant nurseries. These kinds of items are notorious for harboring pests and should be carefully inspected. In addition, customary standards of cleanliness should be observed in the homes: clean food and beverage spills immediately (particularly grease); always store food in glass jars or sealed plastic containers; bag garbage and keep all garbage and recyclables in lidded bins; fix leaky plumbing; increase ventilation in areas where there might be condensation; and vacuum all cracks and crevices so they are free of food and other debris that pests may find attractive. Heating, Ventilating, and Air-Conditioning (HVAC) The building is served by energy-efficient common boiler and chiller plants, which provide hot or cold loop water, as applicable, to the individual air-handling equipment in the homes. The Association maintains all of the common equipment, while the homeowner is responsible for HVAC equipment solely serving his/her home. The homeowner/resident should:
Maintain an air temperature between 55 and 80 degrees Fahrenheit and relative humidity between 30 and 65 percent.
In addition to the recommendations in the fan-coil unit manufacturer’s maintenance and care guide (available on the Resident Portal), change air filters and clean condensate drain lines (to prevent a water overflow) at a minimum every six months. Replacement air filters may be available for purchase from Building Management.
Ensure that all vents, ducts, and exhaust fans, including, without limitation, those serving bath, stove, and laundry dryer exhaust are operating properly.
Inspect, clean, and maintain (including changing filters), at least annually, all such vents and exhaust fans.
Clean the dryer vent trap after each use. (The Association will arrange to have the extensive common exhaust ductwork and fans maintained.)
Plumbing Responsibility All plumbing contained inside the boundaries of the home or that serves only that home is the responsibility of the homeowner. Clogs and leaks in plumbing are a problem in any multi-story residence, since a clog or leak may have a direct effect on neighboring homes and common areas. Any damage shall be repaired at the homeowner’s expense. Homeowners should also note that plumbing traps may occasionally need to be ―topped off‖ to prevent offensive odors from escaping.
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Rev. 06/16/17 Page 31 of 47
Plumbing Clogs Homeowners are reminded that the drain system is not a trash receptacle. The best way to prevent clogs is to not use the toilets, sinks, garbage disposal unit, baths, showers, and other drain apparatus within the home for any purpose other than that for which intended; additionally, do not deposit grease, sweepings, rubbish, rags, diapers, wipes, sanitary products, or any other trash into any drain, including the toilet. If a line is slow or clogged, it is usually in an area that is the homeowner’s responsibility and should be addressed first by the homeowner. The homeowner should call a plumber to clear the home’s line. If the plumber determines the clog is not in a line serving only that home, the owner should contact Building Management. Management will work with the homeowner’s plumber to determine where the problem is and if any work that should be performed on the Association’s behalf. Plumbing Leaks It is recommended that the homeowner do the following to prevent costly damage resulting from plumbing leaks:
Check all plumbing systems at least yearly for loose fittings, cracks, corrosion, etc.
Replace wax toilet bowl rings every three years
Clean the air-conditioning condensation drain line at least twice a year
Inspect water supply lines and hoses at least once a year. (Any bulge or unusual hardness is cause for concern, and the hose or line should be replaced.)
Confirm that toilet valves and flappers are working properly. (Improper function of these items is the biggest source of inadvertently wasted water in most homes.)
Electrical All electrical wiring and equipment servicing the home after the utility company’s meter, and balcony and patio light fixtures (including light bulbs), are the responsibility of the homeowner. GFCI receptacles should be tested monthly. Each home has its own circuit breaker panel, typically located in the utility (washer/dryer) room or a nearby closet. The main breaker and electric meter for each home is located in the common electric room on the home’s respective floor; access can only be obtained through the Building Management during normal business hours. Windows and Doors Windows and entry, balcony and patio doors, including all locks and hardware are the responsibility of the homeowner to maintain. Locks, rollers, tracks and guides should be cleaned and lubricated at least twice a year with a graphite-based product, and should never be treated with WD-40, which tends to turn ―gummy‖ and ultimately make the problem worse. Smoke, Carbon Dioxide (CO) and Fire Alarms Each home is equipped with a smoke alarm in each bedroom, a combination smoke/CO alarm outside the entry to each bedroom, and, if the home has a fireplace, a CO alarm next to it. These devices, which are not wired to the building fire alarm and sprinkler system, are the responsibility of the homeowner. If one of these devices is activated, the fire department will not be alerted automatically. These devices should be tested twice a year (with the batteries replaced as needed), and should be replaced every ten years. Each home also has a low frequency horn, maintained by the Association and connected to the building fire alarm system, which will sound in the event of a fire.
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Page 32 of 47 Rev. 06/16/17
APPENDIX C
LIMITED WARRANTY
This Limited Warranty is given to _________________________(hereinafter "BUYER") by Elliott Landing, LLC a Massachusetts limited liability company with a principal place of business at 200 West Cummings Park, Woburn, Massachusetts 01801 (hereinafter "SELLER") for Residence/Unit No. ____, (the "Subject Unit") of Elliott Landing, a condominium formed under Master Deed dated the ______ day of ____, 2016 (the "Master Deed"), situated in Beverly, Massachusetts. This Limited Warranty is extended to the above BUYER only and is not transferable to any subsequent owner of the Subject Unit. TERM OF COVERAGE. The term of this Limited Warranty (the "Term") is one year beginning on the date on which the Subject Unit is deeded to BUYER or the date on which BUYER first moves into the Subject Unit, whichever occurs first. In either case, such date is referred to herein as the "Date of Possession." COVERAGES. For the Term of this Limited Warranty, SELLER warrants that the Subject Unit and its Systems, defined below, will be free from all defects in materials and workmanship other than minor or cosmetic defects, and that on the Date of Possession they shall comply with all applicable building, sanitary, and electrical codes. Prior to taking possession of the Subject Unit, BUYER must notify SELLER on a form provided by SELLER of those defects in workmanship or materials that are or should be readily visible or apparent to BUYER. With the exception of those defects noted on such form, the Subject Unit shall be presumed to have been in satisfactory condition on the Date of Possession.
MANUFACTURERS’ WARRANTIES. SELLER hereby transfers and assigns directly to BUYER any and all assignable manufacturers' warranties on appliances and equipment supplied by SELLER in the Subject Unit (the "Manufacturers' Warranties"). EACH SUCH WARRANTY MAY INCLUDE A SPECIFIC PROCEDURE, WHICH MUST BE FOLLOWED TO MAKE THAT WARRANTY EFFECTIVE. The procedure may require notification or registration by BUYER to the manufacturer or supplier, or require that BUYER mail a warranty card to the manufacturer or supplier. SELLER believes that it has delivered all notification and registration instructions and forms to BUYER. If BUYER is unable to locate such instructions or forms for any appliance or item of equipment in the Subject Unit, BUYER should immediately contact SELLER and request duplicates. BUYER's failure to register or to complete and mail such notification or registration forms according to any manufacturer's instructions or otherwise to follow warranty procedures shall not create any liability on the part of SELLER for any expressed or implied warranty on any appliance or item of equipment in the Subject Unit. EXCLUSIONS FROM COVERAGE. SELLER specifically does not assume responsibility for any of the following items, each of which is specifically excluded from this Limited Warranty: (1) Defects in appliances, fixtures, or items of equipment which are covered by Manufacturers' Warranties, as to which BUYER agrees to look solely to the Manufacturer. Each Manufacturer's Warranty claim procedure must be followed by BUYER if a defect appears in any of those appliances, fixtures, or items of equipment. (2) Damage due to ordinary wear and tear, abusive use, misuse, or lack of proper maintenance of the Subject Unit or its component parts or systems. (3) Defects which are the result of characteristics common to materials used, such as, but not limited to: warping or deflection of wood; fading, chalking and checking of paint due to sunlight; cracks in concrete, plaster, brick or masonry; and drying, shrinking, and/or cracking of caulking and weather-stripping. (4) Defects in work completed by BUYER or anyone other than SELLER or SELLER's contractors or subcontractors at the direction of SELLER or its contractors, including alterations or additions to the Subject Unit. (5) Defects in items supplied by BUYER. (6) Loss or injury due to the elements. (7) Conditions resulting from condensation on, or expansion or contraction of materials. (8) Consequential, special, or incidental damages; provided, however, that neither the foregoing exclusions nor any other provision of this Limited Warranty is intended to limit or exclude any warranty or liability which SELLER is prohibited from limiting or excluding by valid and applicable law, statute, rule, or regulation. DEFINITIONS. Appliances, Fixtures, and Equipment: The term, "Appliances, Fixtures, and Equipment" shall include, but not be limited to furnaces, boilers, oil tanks and fittings, humidifiers, air purifiers, air handling equipment, ventilating fans, air conditioning equipment, water heaters, pumps, stoves, refrigerators, garbage disposals, compactors, dishwashers, automatic door openers, washers and dryers, bathtubs, sinks, toilets, faucets and fittings, lighting fixtures, and circuit breakers (including their fittings, attachments, controls, and appurtenances). Minor and Cosmetic Defects: Despite adherence to high workmanship standards and the use of quality materials, all new dwellings will go through a period of settlement, drying, and shrinkage causing hairline cracks, some wood shrinkage and warping, and other similar minor defects, all of which are unavoidable, are included within the term "minor and cosmetic defects," and are not covered by this Limited Warranty. Systems: The term "Systems" (exclusive of appliances, fixtures, and equipment, as specified above) means the following, all to the extent forming a part of the Subject Unit as defined in the Master Deed: (1) Plumbing Systems - gas supply lines and fittings and water supply, waste and vent pipes and their fittings; water, gas and sewer service piping, and their extensions to the tie-in of a public utility connection; or on-site well and sewage disposal system. (2) Electrical System - all wiring, electrical boxes, switches, outlets, and connections up to the public utility connection. (3) Heating, Ventilating, Cooling, and Mechanical Systems - all ductwork, steam, water and refrigerant lines, registers, convectors, radiation elements, and dampers. IMPLIED WARRANTIES. Massachusetts law prohibits limitation of implied warranties. Included in this prohibition are the warranties of merchantability, fitness for a particular purpose, and habitability, which may apply to residential real estate. BUYER acknowledges and agrees that the Subject Unit is made of a substantial amount of natural material which is subject to drying, aging, shrinkage, and expansion, and is affected by weather and the elements. NO OTHER WARRANTIES. Subject to the foregoing, this Limited Warranty is the only warranty SELLER provides. This Limited Warranty gives BUYER specific legal rights, and BUYER may also have other legal rights under Massachusetts law. CLAIMS PROCEDURE. If a defect should appear which BUYER feels is covered by this Limited Warranty, BUYER must notify SELLER promptly in writing (a “Defect Report”) on the form attached hereto at the address listed below or such other address as
Rev. 06/16/17 Page 33 of 47
SELLER may designate by written notice to BUYER. Additionally, if an emergency repair situation arises in which the time of response to a covered defect is critical (e.g., if a pipe bursts), BUYER must call the SELLER at the telephone number listed below, following up within a reasonable time thereafter with a written Defect Report. Only emergency repair reports will be taken by phone. Should there be a common area emergency during non-business hours (nights and weekends), BUYER may call Tim Parziale or another later-designated property manager (the “Property Manager”) Emergency Repair Line for assistance, at (978) 524-7600. REPAIRS. Upon receipt of a written Defect Report or telephone report in case of an emergency repair, if the defective item is covered by this Limited Warranty, SELLER will repair or replace such item at no charge to BUYER within 60 days of receipt of such Report (or such longer period as may reasonably be required due to weather conditions, labor problems or shortages, difficulties in obtaining materials or replacement items, governmental regulations, or any other cause beyond the reasonable control of SELLER). Such work must be conducted by SELLER or contractors chosen by SELLER, and SELLER assumes no responsibility for the work of others or to reimburse BUYER for the cost of such work. In all cases, the choice between repair or replacement of a defective item is at the discretion of SELLER. All repair work will be done between the hours of 8 AM and 4 PM, Monday through Friday, except in the case of an emergency repair, as described above. ARBITRATION. Any controversy or claim arising out of or relating to this Agreement or breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. No action at law or in equity based upon such controversy or claim shall be instituted by either party hereto, other than to enforce the award of the arbitrators. NOTICES and DEFECT REPORTS. Notices and communications related to or arising under this Limited Warranty, including Defect Reports, must be in writing, sent by U.S. Mail, national overnight delivery service with delivery verification, or by hand delivery (except in case of an emergency repair as noted above) and addressed to SELLER at the following address (and, in the case of an emergency repair to the following phone number): ELLIOTT LANDING, LLC 200 West Cummings Park Woburn, MA 01801 ATTN: Craig J. Ziady, General Counsel Fax: 781-932-7077 Emergency Repair Telephone No.: 978-524-7600 Notices and communications to BUYER shall be delivered to BUYER at the Subject Unit. Either SELLER or BUYER may change its respective notice address (and SELLER may change its phone number) by written notice to the other as above specified.
SEVERABILITY. In the event that any provision(s) of this Limited Warranty shall be held to be invalid, the remainder of the provision(s) of this Limited Warranty shall remain in full force and effect.
LIMITED WARRANTY - DEFECT REPORT
To be delivered to: Elliott Landing, LLC 200 West Cummings Park Woburn, MA 01801 Attn: Craig J. Ziady, General Counsel Fax: 781-932-7077 Emergency Telephone No.: 978-524-7600 RESIDENCE/UNIT NO.: _____________________________________, Beverly, MA 01915 NAME OF UNIT OWNER: _______________________________________________ ADDRESS OF UNIT OWNER: ____________________________________________ (if other than Unit) TELEPHONE NUMBER OF UNIT OWNER: _________________________________ DATE CONDITION DISCOVERED: ________________________________________ The undersigned Unit Owner has discovered a condition affecting the above Unit of Elliott Landing, and Unit Owner believes that such condition constitutes a defect that is covered by the Limited Warranty provided by Seller to Unit Owner at the Closing. The nature of the defect is as follows [describe in detail all conditions of which you are aware which you believe constitute a defect/defects covered by the Limited Warranty]: [Attach Additional Pages if More Space Required] UNIT OWNER warrants and represents that this Defect Report is true, accurate, and complete to the best of Unit Owner's knowledge and belief.
UNIT OWNER’s name
Address By: __________________________________________ Print name: ____________________________________ Date of Report: ____________
Page 34 of 47 Rev. 06/16/17
APPENDIX D
USEFUL CONTACT INFORMATION
Property Management Company Cummings Properties, LLC 200 West Cummings Park Woburn, MA 01801 781-935-8000 Building Management Team (typically available Monday–Friday, 8:00 AM–5:00 PM) 978-720-8347 [email protected]
Service calls may be submitted through the online portal, by emailing (or in writing to) the Building Management team, or by calling the ―Maintenance Shop‖ at: 978-720-4028
After-Hours Building Systems Emergencies – Cummings Center Gatehouse 978-524-7600 Police & Emergencies Dial 9-1-1 Beverly Police Department: (978) 922-1212 Beverly Fire Department: (978) 922-2424 Completed EFT forms and check payments should be mailed to:
Elliott Landing Condominium Trust Cummings Properties, LLC 200 West Cummings Park Woburn, MA 01801
Comcast (Xfinity)
Richard Ventura 978-735-3654 [email protected]
National Grid – Electric Service
Start/Transfer Service: 1-800-322-3223 Power outage: 1-800-465-1212
Insurance Agent USI Insurance Services, LLC 12 Gill St., Ste. 5500 Woburn, MA 01801 855-874-0123 Post Office Beverly Main Branch
151 Rantoul Street 978-922-4533
www.usps.com (hold mail)
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HOMEOWNER INSURANCE REQUIREMENTS
The information provided below is intended to answer any questions you or your insurance agent may have in procuring the appropriate insurance coverage as required under the Condominium Documents and by the Trust.
Requirements: You or your agent must provide evidence of insurance, in the form of a declarations page or copy of the policy (a certificate of insurance alone is insufficient), that complies with the following requirements.
Insured: The insured name on your policy must match the name(s) that appear(s) on your unit deed, and the covered premises must match your address, including unit number, at Elliott Landing.
Personal Property Insurance: Homeowners shall carry insurance for their own benefit insuring their furniture, fixtures, furnishings, and other personal property located within their respective homes or its appurtenances, including any storage area, bike room, garage, and patio/balcony areas.
Liability Coverage: Homeowners shall also maintain liability insurance in the event of negligence, recklessness or willful misconduct of the homeowner, tenants, guests, or invitees, including damage to the Property (common areas). The minimum amount of coverage required is $500,000 per occurrence involving personal injuries (including death), and $500,000 per occurrence involving property damage.
Policy Type, Terms and Conditions: An ―HO-6‖ insurance policy is required, unless another type is approved by the Trust in writing in advance. The policy must:
Include waivers of subrogation against Elliott Landing Condominium Trust, its Trustee(s), its agents and employees, and all other homeowners;
Provide that the liability of the carriers issuing insurance obtained by the Trustee(s) shall not be affected or diminished because of any such additional insurance carried by any homeowner; and
Provide coverage not provided by the Condominium’s master insurance policy – in particular, unequivocal coverage of any master insurance deductibles, currently $5,000 (any earthquake deductible greater than the property insurance deductible is excepted from this requirement).
Renewals: Notice of renewal must be delivered to Elliott Landing Condominium Trust 20 days prior to the then-current expiration date of the policy.
Cancellation: The policy shall not be cancelled without at least 20 days’ prior written notice to:
Elliott Landing Condominium Trust c/o Cummings Properties, LLC 200 West Cummings Park Woburn, MA 01801
Kindly request your insurance agent email evidence of such insurance to [email protected]
Building Information
Building Construction: Concrete and steel (non-combustible)
Year of Construction: 2016
Roof Type: EPDM rubber (non-ballasted)
Number of Floors: 6
Building Sprinklers and Fire Alarms: Yes (fully sprinklered, including homes and closets)
If you have any questions or require additional information, please call the Insurance Department at 781-935-8000. Thank you for your cooperation and prompt attention to this important requirement.
REV. 01/08/18
CONTRACTOR INSURANCE REQUIREMENTS The insurance information provided below is intended to answer any questions you or your insurance agent may have in procuring the insurance coverage required under the Declaration of Trust and By-Laws when a homeowner hires a contractor to complete work on its behalf. The contractor must provide evidence of insurance (e.g., certificate of insurance, declaration page, copy of policy) that complies with the following requirements prior to commencing any work.
Requirements
Commercial General Liability coverage (insuring against claims involving bodily injury, including death, and property damage) in a minimum amount of $1,000,000 per occurrence and $1,000,000 aggregate.
Excess Liability coverage (insuring against claims involving bodily injury, including death, and property damage) in a minimum amount of $1,000,000 per occurrence and $1,000,000 aggregate.
Automobile Liability coverage in a minimum amount of $1,000,000 per occurrence.
Worker’s Compensation in a commercially reasonable amount as required by law.
Additional Insureds: ―Elliott Landing Condominium Trust and Cummings Properties, LLC” must be included as Additional Insureds (not Certificate Holders) in your policy.
Contractor’s CGL insurance shall apply on a primary basis, and contractor’s excess liability insurance shall apply immediately thereafter.
Twenty (20) days’ written notice prior to cancellation of any insurance coverage. Kindly request your insurance agent email evidence of such insurance to [email protected] AND [email protected]
If you require additional information or have any questions, please contact the Building Management. Thank you for your cooperation and attention to these insurance requirements. REV. 06/16/2017
RESIDENT INFORMATION FORM Date: ________________________ Unit #: ___________ Homeowner(s) Contact Information
Name:
Home Phone #: Work Phone #:
Cell Phone #: Email:
Mailing address (if different):
Name:
Home Phone #: Work Phone #:
Cell Phone #: Email:
Mailing address (if different):
Other Resident(s):
Emergency Contact Information
Name: Will this person have a copy of your key? Y/ N
Home Phone #: Work Phone #:
Cell Phone #: Email:
Mailing address (if different):
Renter Contact Information (if applicable)*
Name (s):
Home Phone #: Work Phone #:
Cell Phone #: Email:
Mailing address (if different):
* Please attach a copy of the lease
Please return completed form to Building Management Rev. 06/16/17
VEHICLE REGISTRATION FORM Date: _____________________ Resident(s): Unit #:
Home Telephone #: Work Telephone #:
Cell Telephone #: Email: Vehicle 1 Make: ____________________ Model: __________________ Year: _____________ Color: ____________________ Plate #: _________________ State: ____________ (If applicable) Handicap Permit #: ______________________ Expiration Date: __________
Vehicle 2 Make: ____________________ Model: __________________ Year: _____________ Color: ____________________ Plate #: _________________ State: ____________ (If applicable) Handicap Permit #: ______________________ Expiration Date: __________
Note: Vehicles must be in good working condition, free of leaks, and must be parked in accordance with the provisions of the Condominium Documents, as the same may be amended from time to time. Unauthorized vehicles and vehicles parked in violation of Association or Cummings Center rules are subject to towing at the vehicle owner’s risk and expense.
Please return completed form, along with a copy of each vehicle’s registration certificate, to Building Management Rev. 06/16/17
ELECTRONIC FUND TRANSFER AUTHORIZATION
Elliott Landing Condominium Trust is hereby authorized to electronically debit the account referenced
below for the payment of condominium fees and all other late fees, fines, penalties, and assessments, as
specified in the Declaration of Trust and By-Laws, and Rules and Regulations of Elliott Landing
Condominium, as the same may be amended from time to time. No other electronic debits shall be made
by Elliott Landing Condominium Trust without Unit Owner’s prior written approval. The authorization is
effective throughout the ownership of the unit. Funds will be deducted on the first business day of each
calendar month. Bounced payments will be charged a processing fee of $30.
New EFT Change existing EFT
Unit Owner Name(s): (please print)
Name(s) on Account:
(if different)
Bank Name:
Account Type: Checking Savings Other
Bank Routing #: Bank Account #:
Effective Date: Authorized Signature: Date
Please attach a voided blank check to this form and return it to: Elliott Landing Condominium Trust • c/o Cummings Properties, LLC
200 West Cummings Park • Woburn, MA 01801
Rev. 06/16/17
This authorization may be terminated or amended sooner if Elliott Landing Condominium Trust receives a written request from the Unit Owner(s) to do so. Written requests will not be effective until five (5) business days following receipt at Elliott Landing Condominium Trust’s office, in order to allow for processing time.
Date_______________________ National Grid P.O. Box 960 Northborough, MA 01532-0960 1-800-322-3223 Dear Sir or Madam: Please transfer the electric meter identified below (or install, if not yet existing), effective Date
Please note this is a residential meter transfer and not subject to a deposit charge.
Electric Meter No. (if applicable)
RESIDENTIAL SERVICE ADDRESS:
201 ELLIOTT STREET, UNIT _____ BEVERLY, MA 01915
Former Responsible Party (if applicable): NEW RESPONSIBLE PARTY/(IES):
Full Name(s)
SSN/TIN Phone
Billing address if different from service address:
Signature on behalf of new responsible party/(ies), duly authorized (Consenting to service changes and acknowledging that this
authorization may be photocopied for National Grid, in the event the above-referenced premises are served by multiple meters.)
Thank you for transferring the service as soon as possible. If you have any questions, please call Building Management at: 978-720-8347. Sincerely, ELLIOTT LANDING, LLC Rev. 06/16/17
FITNESS CENTER GENERAL RULES/WAIVER AND RELEASE FORM
The Elliott Landing Condominium Fitness Room is an excellent limited equipment facility provided for the health and wellness benefit of Elliott Landing Unit Owners and Residents (only). We ask that all participants using the Fitness Room follow the guidelines and procedures below for the safety of participants, to maintain the equipment, and to assure cleanliness of the facility. General Rules for Fitness Center Use Users must adhere to the following guidelines:
Fitness Room hours are 4:00 AM to Midnight. Quiet hours are between 9:00 PM and 9:00 AM.
No person under age 16 is allowed without adult supervision, and no person under age 12 shall use the equipment.
Please show respect for the equipment, facility, and toward others using the Fitness Room. Do not move or rearrange the equipment and/or exercise machines, unless otherwise permitted. No horseplay or loud offensive language will be tolerated. No cell phone use is permitted when others are present.
Please limit use of fitness equipment to 30 minutes when others are waiting.
Proper attire is required at all times: Shirts and athletic shoes must be worn.
Plastic water bottles are allowed. All other drinks, food, and glass containers are prohibited.
Please wipe off fitness equipment after use with the cleaning products provided. Please pick up trash, towels, and personal belongings before leaving. Do not leave the center in worse condition than when you arrived.
Consult your physician prior to undertaking exercise in the Fitness Room.
Waiver and Release (Must be completed and submitted to the Building Management prior to using the Fitness Room) I, the undersigned, have read and understand the General Rules for Fitness Room Use. I acknowledge a full understanding of the inherent dangers and risks associated with the use of this facility and/or any equipment therein. I acknowledge it is recommended that I seek approval from my physician before implementing an exercise regimen, as there may be significant health risks associated with exercising. I also understand that injury or death may result if equipment is not used properly. I declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any fitness/wellness facility activity. I acknowledge that I have either had a physical examination and have been given a physician’s permission to participate in these activities, or I have decided to participate in these activities without the approval of my physician.
In consideration for being allowed use of the Fitness Room, and because I assume all risks involved, I hereby agree that I am responsible for any resulting personal injury, damage to or loss of my property which may occur as a results of my use of the Fitness Room and/or any activity occurring therein. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless Elliott Landing Condominium Trust, its trustees, officers, agents, employees, and Property Management Company (―Releasees‖) from any and all claims, demands, damages, rights of action or causes of actions, present or future, arising out of my use or occupancy of the Fitness Room or any fitness/wellness activity occurring therein, including any injuries arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law. I further state that I am at least eighteen (18) years of age and fully competent to sign this document; and that I execute this release for full, adequate, and complete consideration fully intending to be bound by the same. I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS CONSENT AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. BY SIGNING THIS DOCUMENT, I AM WAIVING ANY RIGHT I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST ELLIOTT LANDING CONDOMINIUM TRUST OR ITS PROPERTY MANAGER FOR ANY INJURY SUSTAINED. __________________________________________ _____ Unit Owner/Resident Name (Print) Unit #
__________________________________________ _____ __________________________________________ _____ Unit Owner/Resident Signature Date Signature of parent if Resident is under age 18 Date Rev. 12/28/16
STATEMENT OF CONDITION OF COMMON ELEMENTS (Move-in/Move-out)
Date: __________________
THIS IS A STATEMENT OF THE CONDITION OF THE COMMON ELEMENTS OF THE CONDOMINIUM PRIOR TO YOUR MOVE-IN/MOVE-OUT. YOU SHOULD READ IT CAREFULLY TO BE SURE THAT IT IS ACCURATE. IF IT IS ACCURATE, YOU MUST SIGN AND RETURN IT TO BUILDING MANAGEMENT PRIOR TO COMMENCING YOUR MOVE-IN/ MOVE-OUT. IF IT IS NOT ACCURATE, YOU MUST CORRECT ANY INACCURACY WITH BUILDING MANAGEMENT. FAILURE TO RETURN THE SIGNED STATEMENT OF CONDITION TO BUILDING MANAGEMENT MAY RESULT IN A DELAY IN YOUR MOVE-IN/ MOVE-OUT AND/OR AN ASSESSMENT OF DAMAGES AGAINST YOU. After the inspection of the Common Elements of the Condominium on ____________________, the following condition(s) is/are present (or write NONE): (Date)
COMMON ELEMENT Condition Notes
Garage Entry/First Floor Hallway
Lobby Entry/ Hallway
Elevator (frame, doors, car, etc.)
Hallway on Unit Floor
Other:
Other:
Authorized signatures: _____________________________________ ___________________________________ Elliott Landing Building Management Unit Owner Unit # ___________________________________ Print Name
Rev. 12/28/16
PET REGISTRATION REQUEST FORM
Please use this form to register your pet(s). All pets (except fish) must be approved by and registered
with the Board or Property Manager. You may not keep a pet at Elliott Landing until you receive
approval from the Board or Building Management. You should receive an approval or denial within 10
days of submitting this form. The Board has ultimate discretion to exclude a pet from Elliott Landing
Date:
Homeowner(s): Unit #:
Home Telephone #: Work Telephone #:
Cell Telephone #: Email:
Tenant(s) (if applicable)*:
Home Telephone #: Work Telephone #:
Cell Telephone #: Email:
*Non-owner residents registering a pet must provide a Lease and/or Occupancy Agreement demonstrating permission of the Homeowner to maintain a permitted pet.
PET INFORMATION**
Type of Pet: Breed: Color:
Name of Pet: License/Registration number:
Weight: lbs
Type of Pet: Breed: Color:
Name of Pet: License/Registration number:
Weight: lbs
**No more than two pets can be registered to each home.
Please return this Request Form with a photograph of your pet, a copy of the pet’s municipal license, and the non-refundable $100 Pet Registration Fee (waived for all initial owners), payable as:
Enclosed check payable to Elliott Landing Condominium Trust
-OR-
EFT account debit (requires valid EFT Authorization Form on file with Property Manager)
Rev. 12/28/16
ESSEX ROOM RESERVATION FORM
Homeowners/residents wishing to reserve the Essex Room must fill out this form in its entirety and return it (along with all applicable enclosures and attachments) to Building Management.
Form may be submitted up to one year prior to the requested date of reservation.
Today’s date: _____________________ Homeowner(s): Unit #:
Home Telephone #: Work Telephone #:
Cell Telephone #: Email: Resident making request (if not homeowner)*:
Home Telephone #: Work Telephone #:
Cell Telephone #: Email:
*Please attach written notice from the homeowner indicating the homeowner’s authorization of a reservation by the non-owner resident and assumption of responsibility for any repair and/or and cleaning required.
Request details:
Requested date Requested hours: Start____:____AM/PM | End____:____ AM/PM (Max. one reservation per calendar year) (Max. 4 hours total) (10AM earliest) (9PM latest)
Anticipated number of attendees: (Max. 40)
Will alcohol be served or consumed?: YES** -OR- NO
**Please attach signed “Use, Indemnification, and Hold Harmless Agreement” (see Handbook or Bldg Mgr). Payment of non-refundable $100 reservation fee:
Enclosed check payable to Elliott Landing Condominium Trust
-OR-
Please debit my account by EFT (requires valid EFT Authorization Form on file with Property Management Company) Authorized Signature: Date:
Condensed Rules for Use (see current Rules and Regulations for full rules):
Reservations can be made only for private, non-commercial, non-political events on a first-come, first-served basis.
The same home cannot make a reservation for the same holiday or date two years in a row.
The Essex Room cannot be rented to outside groups or individuals, or used for for-profit or fundraising events.
The home under which the request is made must be current with its condominium fees and assessments.
The person making the reservation must be in attendance throughout the entire event, and, as applicable, to receive deliveries and supervise setup and cleanup for the event.
If damage is found beyond normal usage, additional assessments will be made to the homeowner. Payment for any such assessments must be made within 30 days.
The Essex Room must be left as it was found, including removing any food, trash, decorations, glassware/dishware, and other materials.
Annual meetings and other special meetings of all homeowners that may be called from time to time have precedence over any Resident-requested reservations. Rev. 12/28/16
USE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
Homeowners/residents wishing to serve alcohol at a private event in the Essex Room must fill out this form in its entirety and return it to Building Management along with their reservation form
This Agreement (―Agreement‖), dated the __________ day of _______________, 20__, is made by and
between Elliott Landing Condominium Trust (―ELCT‖) and ________________________ (―Resident‖),
collectively, the ―Parties.‖
In consideration of ELCT permitting certain activities by Resident (as described hereunder), as well as the mutual covenants contained herein, the benefits to be described herefrom, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, ELCT and Resident acknowledge and agree as follows: WHEREAS Resident has requested that ELCT permit the serving and consumption of alcoholic substances in ELCT Common Areas by Resident and Resident’s guests (in accordance with all applicable federal, state, and local laws, regulations, and ordinances) during the course of a private event organized and supervised by Resident, NOW THEREFORE, ELCT has agreed to permit such serving and consumption of alcoholic substances in ELCT Common Areas (the ―Permitted Activities‖), subject to the following conditions:
1. Resident may engage in the Permitted Activities, but only upon the terms and conditions set forth herein.
2. Resident shall release, hold harmless, and indemnify ELCT for any and all claims, actions, liabilities, losses, demands, damages, and/or injuries, including death, related to or arising out of such Permitted Activities.
3. Resident shall pay all costs, fees, and expenses incurred in connection with the Permitted Activities. 4. Resident shall comply with all applicable laws, regulations, and ordinances in connection with the
Permitted Activities. 5. This Agreement constitutes the entire agreement between the Parties and incorporates all
discussions and negotiations between the parties, if any, with respect thereto. 6. This Agreement shall be construed, governed, and enforced according to the laws of the
commonwealth of Massachusetts, and the Parties hereto shall submit to the jurisdiction of the courts of said Commonwealth for all purposes with respect thereto.
IN WITNESS HEREOF, the Parties hereto have executed this Agreement intending to be legally bound. ELLIOTT LANDING CONDOMINIUM TRUST RESIDENT _______________________________________________ ________________________________ Print name: ______________________ Unit #: _________ Rev. 12/28/16
KEY RECIPT
Date_______ Homeowner Name(s)_______________________________________ Home #____________ Home entry door keys
Two @ no charge*
One add’l key @ $25 #___ further key(s) purch’ed at same time @ $10 ea.
Building/common area key fobs (all fobs must be recorded with name of recipient)
Two @ no charge* – Names:_______________________, _________________________
#___additional fob(s)** @ $45 ea.
Mailbox keys
Two @ no charge*
One add’l key @ $25 #___ further key(s) purch’ed at same time @ $10 ea.
Patio keys
o Two @ no charge* (any additional keys responsibility of owner/resident) Payment Total $______________________________PD CK #_________________________ ****************************************************************************** Keys, fobs, mailbox keys purchased following initial receipt of keys and purchases: _____ Door key(s)___ Fob(s)* ___ Mailbox key(s)___ Total pd $___ Initials_____ Date
_____ Door key(s)___ Fob(s)* ___ Mailbox key(s)___ Total pd $___ Initials_____ Date
_____ Door key(s)___ Fob(s)* ___ Mailbox key(s)___ Total pd $___ Initials_____ Date
*Delivered to inaugural homeowners by Building Management; subsequent owners/renters to receive from prior owner or landlord.
**Additional Fobs are for [note full access (f/a) or partial access (p/a)]: 1._______________________________(name)________________________________(relation) 2._______________________________(name)________________________________(relation) 3._______________________________(name)________________________________(relation) 4._______________________________(name)________________________________(relation)
I, the undersigned, acknowledge receipt of the above. ____________________________________________. Signature Rev. 06/16/17
CUMMINGS CENTER INFORMATION AND WAYFINDING
Additional information on following pages
MAP OF CUMMINGS CENTER
Back to Table of Contents
CUMMINGS CENTER WAYFINDING Most building suites* are numbered using a grid system. Each client address starts with a building number, followed by a suite number (e.g., 407-L) made up of three parts: a floor number (407-L), a two-digit number representing the location on the South/North hallway (407-L), and a letter, representing the location on the East/West hallway (407-L). Therefore, 100 Cummings Center, Suite 407-L, is located in the 100 building, on the fourth floor, closer to Elliott Street and on the left side of the building.
* The 500 building has a different numbering system. Each suite in 500 Cummings Center has a four-digit suite number. The first digit is the floor number, the last three are the suite number.
This article by Pulitzer Prizewinning architecture critic Ada Louise Huxtable about CummingsProperties appeared in The Wall Street Journal on Thursday, October 2, 1997. Cummings Properties,LLC developed the 2 million square foot Cummings Center office and research park in Beverly,Massachusetts.
"Architecture: Refitting 'The Shoe'"by Ada Louise Huxtable
Beverly, Mass.They call it The Shoe. It is the United Shoe Machinery plant, a pioneering, reinforcedconcrete structure built in 19031906 that was the largest building of its type in the world until 1937.With additions, its 34 acres of floor space in three 60footwide wings eventually reached a quarter of amile in length.
The Shoe dominated life and labor in this historic community and its neighboring towns for more thanhalf a century, practicing a benign economic paternalism behind maximum security fences. Itscathedralsize spaces were devoted to the manufacture of the equipment used to make the shoes thatwere the sustaining industry of this part of New England until antitrust laws forced the breakup of thecompany in the 1970s. After the plant closed, it became a notorious white elephant, of interest only toarchitectural historians who ranked it at the top of this country's significant industrial landmarks; toeveryone else it was a monumental blot on the landscape, deserted except for a few artisans and tokensmall businesses. In 1995, one of its cavernous interiors was used to film "The Crucible."
I have been in love with The Shoe since the 1950s, when I discovered the building and its significancewhile doing research on the history of reinforced concrete construction. I learned that The Shoe was thework of an engineer, Ernest L. Ransome, who devised and patented a way of embedding twisted squareiron (later steel) rods in concrete to create a monolithic building material of remarkable toughness andrevolutionary possibilities, as so much of the subsequent architecture of the 20th century has proved.
At a time when the press was filled with stories of the collaspe of experimental concrete buildingsevenprofessionals were skeptical of Ransome's advancesThe Shoe was a daring design. It featured castinplace reinforced concrete so strong that a minimal frame could be filled with windows of unprecedentedsizehere glass is 85% of the wall area for the kind of curtainwall construction that revolutionizedbuilding in our time. Its earliest use was for the "daylight" factories so highly praised for the humane andhygienic effects of their light and air. By 1911, Ransome had patented and incorporated precastelements as "the Ransome system of unit construction."
The Shoe was, and is, the single most important and generally unrecognized, concrete landmark in thiscountry, predating the Detroit auto factories by the engineer Albert Kahn that have been widely creditedwith the structural and engineering innovations that actually appeared here first.
The Shoe is a building of outstanding utilitarian beauty. Its stunning glasswalled simplicity, the pleasingproportions based on its structural system, foreshadow the later modular designs of Mies van der Roheand one of the basic aesthetic principles of modernismthe direct relationship of structure to style. Ihave watched it anxiously on my trips to New England, always expecting its demolition by the dubiousforces of progress for another lookalike mall or condominium complex. Each time I find it, I am filledwith relief. The Ransome system is still intact. And so is the building, thanks to an imaginative anddetermined entrepreneur, William Cummings of Cummings Properties of Woburn, Mass., which boughtthe abandoned plant for $500,000 (considerably less than $1 a square foot) in 1996.
The Shoe is now the Cummings Center, saved, restored and transformed, shrewdly andsympathetically, into nearly 1.4 million square feet of handsome commercial space for business andindustry. The new Shoe it will always be the Shoe to locals has been upgraded from blue to whitecollar and recast as a "business park" on 80 landscaped acres that will include a health club andcommunity facilities. Currently, more than 50% of the space is rented to a variety of enterprises, fromhightech industries and researchanddevelopment firms (including bioresearch laboratories that makeartificial skin for surgical use) to a wide range of consumer services. There is even a welldesignedsmall church. Banks, lawyers, accountants, graphics and design businesses coexist with smallcreative companies. In the once desolate interior, the universal bagel shop now stands.
Because the riskreward factor of this conversion was enormous, it was no undertaking for thefainthearted. Mr. Cummings has an appetite for challenges. A successful operator of renovated oldproperties, he has demonstrated a kind of vision and investment savvy conspicuously absent amongthe owners of similar structures, where serious problems of age, size and condition stand in the way ofprofitable reuse. This is no leveraged deal where the banks take the gamble, making the project failsafe for the developer; it would have taken a very unusual bank to provide funds for such anunconventional commitment. All the money, $30 million when the job is done is Cummings Properties'own, invested as capital improvement. The project also took something else not found in most realestate circles a genuine understanding and appreciation of the building's architectural and structuralfeatures, in no way diminished by an astute evaluation of the commercial potential.
The riskreward calculation naturally affected the restoration; the outlay had to be measured againstestimates of success and the income that could be generated; in this case, a more than normallyspeculative equation. As refuse and massive chunks of concrete were removed, The Shoe looked likean archeological dig.
Leaks and breaks had flooded the building, requiring a new roof and extensive wall repairs. Turnofthecentury utilities were replaced with new gas and water lines, heating, ventilating, electrical, andtelecommunication systems. The structure was brought up to today's fire and building codes, withsprinklers, alarms and exits for four miles of corridors. There was a serious problem of residualindustrial pollution to be dealt with. Every one of the huge windows was broken; Cummings hasmanufactured 2,000 new ones in a shop of its own installed in one of the building's covered courts.Because the original windows were so oversized, a cost compromise was made: Except for the mostconspicuous facades, the new windows have opaque top spandrels of pebble aggregate instead ofglass. By making these panels darker than the surrounding walls, the visual effect of a fullsize windowis kept. More than a mile of badly spalled exterior walls that had not been maintained for decades hasbeen refaced with a concrete stain close to the original natural concrete color.
All of these were aesthetic was well as practical decisions, in which Mr. Cummings, a handson detailman, and a senior vice president Michael H. Pascavage, participated with the project architect, BruceOveson. To advertise The Shoe's upscale transformation, two new, curved glass facades have beeninserted between the original wings on the main front to create a "corporate style" entrance; thecontemporary glass and metal curtain wall to the old building. A custom design of more finesse would
have been prohibitively expensive; this solution achieves its purpose. Corporate style also seems tofavor creeping green carpet, fake plants, and glitzy elevators over the clean architectural interiors thathave made the conversion so strikingly handsome. It is best when simply left alone.
Throughout the process, Beverly's mayor, William Scanlon, marshaled essential political and economicsupport.. In addition to the city's offer to defer full taxes on the property, an "abandoned building" taxdeduction was available from Massachusetts for renovation of old buildings not more than 10%occupied. The project would not have gone ahead without the Massachusetts legislation that aids thecleanup and reuse of contaminated sites; under this "Brownfields Iniatives" law, old pollutants can beremoved with the guarantee of no future lawsuits. Cummings Properties signed this agreement withMassachusetts before taking title to the land.
In the end, there were small losses and enormous gains. For The Shoe it has been a miraculous rebirth.For those who prize an architecture still invisible to many and treated as expendable by most, this ismore than a success story; it is a dream come true.
Ada Louise Huxtable
