Use Restrictions and Rules
Proposed Amendment

4/18/2007 - Property Line Adjustments

Pinehills Landowners Association, Inc.

33 Summerhouse Drive, Plymouth, MA 02360

To: All Members/Residential Unit Owners

From: Board of Directors, Pinehills Landowners Association

Date: April 18, 2007

Re: Proposed change to Initial Use Restrictions and Rules (Exhibit C – CCRs)

Over the past year, Pinehills LLC has been approached on a couple of occasions by home owners who have asked to make minor adjustments to their shared property line. Although in each case the abutting home owners were in total agreement regarding the proposed change, existing provisions of the Initial Use Restrictions and Rules (Exhibit C of the Declaration of Covenants, Conditions and Restrictions for The Pinehills, (CCRs)) do not allow such property line adjustments regardless of the fact that all parties are in agreement. The specific language prohibiting adjustments of lot lines between homes is included in Section 3.1 of the Initial Use Restrictions and Rules (Rules).

In a case where abutting property owners are in complete agreement with respect a lot line adjustment, we believe it is reasonable for the Rules to be modified to include a process by which such an adjustment may be made. With this in mind and following discussion with some Pinehills residents, the Board of Directors (Board) of the Pinehills Landowners Association, Inc., has determined that it is appropriate to modify the existing provisions of Section 3.1 of the Rules which prohibits any change to a boundary line of a Residential Unit after a subdivision plat has been approved and recorded. The Board will consider this modification under authorization granted to the Board in Section 4.2 of the CCR’s.

Existing Rules do allow the Declarant (Pinehills LLC) to subdivide or replat any Residential Units which it owns. This language was intended to allow for the further subdivision of home sites for sale by the Declarant for the build out of the community. Existing language relating to the rights of the Declarant will not be changed as part of this proposed modification.

If this change is adopted, the Owners of Residential Units that share a common boundary line may petition the Board of the Association for approval to modify the common boundary line. Any such request to modify the common boundary would have to be jointly submitted and agreed to by the respective Residential Unit Owners and any costs associated with undertaking the modification in the property boundary line would be the sole responsibility of these Owners. Other Unit Owners, the Landowners Association or the Declarant would have no financial obligations concerning these boundary line changes.

The decision of whether to permit a modification of a common boundary line would be at the sole discretion of the Board. Examples of instances where a common boundary line modification would be helpful and likely to be permitted include, without limitation, to accommodate final landscape design, to provide access, to accommodate side yard set back requirements, etc. The Board could not approve a request unless all of the affected Residential Unit Owners were in agreement with the proposed modification of the common boundary line. In addition, the proposed common boundary line modification would also be subject to review and approval by the applicable Residential District Board for compliance with the provisions of the District CCRs and any District Rules. Lastly, the rule change would not allow either the Board, or the Declarant to unilaterally change a boundary line once a lot has been sold to a homeowner.

Attached is a copy of the proposed modification. The Board will meet on April 24, 2007 at 11:30 to consider this proposed modification. If approved, a copy of the modified rule will be sent out to all members of the Association. The Rule change will be effective 30 days following the date of the Board vote.

If you have any questions concerning the proposed change in rules, please do not hesitate to contact Deborah Sedares, General Counsel, Pinehills LLC at 508-209-9000 or via email at dsedares@pinehills.com.

Subdivision of a Residential Unit into two or more Residential Units or changing the boundary lines of any Residential Unit after a subdivision plat including such Unit has been approved and recorded shall not be permitted subject to the following exceptions:

i.) that Declarant shall be permitted to subdivide or replat Residential Units which it owns; and

ii.) that the Owners of any abutting Residential Units may jointly petition the Board to permit a change in the common boundary lines of said Residential Units. Whether any such boundary line change is permitted shall be at the sole discretion of the Board. All costs associated with undertaking the permitted change in the common boundary lines shall be borne by the petitioning Residential Unit Owners.