Buyer Disclosure

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The Association has a minimum requirement of 70% owner occupancy as the primary residence. The Association is currently at 43% owner occupancy as the primary residence, and as a result, Units need to be occupied by the Owner(s) as a primary residence, and not as a secondary residence.

The Town of Lincoln issued the Association the following Notice of Violation(s):

• The first-floor Units experience sewage backup during heavy rainfall in the showers/bathtubs, kitchen sinks, bathroom sinks and toilets. The Association is actively working with civil engineers to complete engineered drawings depicting the repair process. 

• The corridor windows need to be replaced as the seal is broken resulting in water condensation causing damage to internal building components. The roof and corridor wall violations have been resolved.

Current progress updates of these pending violations are referenced here for your review and consideration.

The first two hazards have been resolved. The third hazard repair requirement pertains to the restoration of the damaged retaining wall. The Town of Lincoln inspected the retaining wall and confirmed that it is in need of repair to prevent a potential collapse given the wall is cracked and leaning. The Association is currently working with commercial structural engineers to complete engineered drawings depicting the repair process.

Current progress updates of this pending hazard are referenced here for your review and consideration.

The Condominium Documents of the Association (i.e. Declaration, By-laws & Rules and Regulations) prohibit smoking in the common and limited common areas of the property grounds which include but are not limited to the parking lot, sidewalks, entryways, corridors, lawn areas, and balconies. 

Authorized Visitor Parking Hours: 7:00 AM to 3:00 PM 

(Unrestricted visitor parking is available to all Units)

Restricted Visitor Parking Hours: 3:01 PM to 6:59 AM 

(One visitor parking space allocated exclusively for two-bedroom Units)

In response to limited visitor parking serving 54 units, a community vote allocated one visitor parking space exclusively for two-bedroom Units during the restricted visitor parking hours on a first come first served basis. Additional street parking is available if needed.

In addition, occupying another Unit's assigned parking space or parking in areas not designated for resident parking are violations of the Association's governing documents (Declaration, By-laws, Rules and Regulations) and is strictly prohibited. 

Vehicles in violation of the parking regulations may be towed, and any associated activities or expenses incurred will be the sole responsibility of the vehicle owner.

A maximum of two cats are permitted per unit with Executive Board approval. Dogs are prohibited on property grounds. Unit owners must submit a written application to the Executive Board for authorization at least thirty (30) days prior to acquiring a pet or emotional support animal, or thirty (30) days before moving into any unit. This amendment is currently in effect and will be recorded with the Town of Lincoln following a final review by legal counsel.

Radon testing was completed in the buildings on May 1, 2024, using a Continuous Radon Monitor (CRM) testing device that was left in each first-floor Unit for a minimum of 48 hours. 

According to the radon test results, 7 Units across the three buildings registered radon levels equal to or exceeding 4 pCi/L, which constitutes 39% of the first-floor Units that surpassed the maximum base action level. Moreover, 5 Units across Buildings #1 and #2 exhibited average radon levels of 2.0 pCi/L or higher, representing 28% of the first-floor Units surpassing the minimum base action level. 

Although the EPA recommends radon mitigation to a level below 4.0 pCi/L, they do suggest striving for a level below 2.0 pCi/L. The EPA’s action level serves as a guideline for determining when radon concentrations in indoor environments are considered elevated and radon mitigation measures are recommended to reduce radon concentrations in indoor environments along with associated health risks. Additionally, the EPA suggests enlisting the services of a qualified company to install a radon mitigation system to help reduce radon levels.

Based on this recommendation, the radon test results have been forwarded to certified radon mitigation professionals to devise a suitable mitigation strategy tailored to the test results and the unique conditions of each building. Once the radon mitigation plans are received, they will be promptly shared with the Association. The goal is to prioritize the health, safety, and regulatory compliance of the Association.

To increase awareness, this news story highlights the dangers of radon and emphasizes the importance of taking essential safety precautions to protect the health of residents.

Violations of the Association's Declaration, By-laws & Rules and Regulations are subject to the following provisions:

"ARTICLE XIV MISCELLANEOUS

14.2. Enforcement.

Violation of any of the terms of this Declaration, including the By-Laws and the Rules and Regulations, shall be grounds for relief which may include, without limiting the same, an action to recover any sums due for money damages, injunctive relief, foreclosure of the lien for payment of all assessments, and other relief provided for in this Declaration, or any combination thereof, and any other relief afforded by a court of competent jurisdiction, all of which relief may be sought by the Association, the Executive Board, the Managing Agent, or any Owner or Mortgagee.

14.3. Court Costs and Attorney Fees.

Each Owner or other person violating the terms hereof, shall be liable for all court costs and reasonable attorneys fees incurred by the Association, Executive Board, Managing Agent and any Owner relating to such violation. The failure or forbearance by any person to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter."