760 C.M.R. 76.09 – Year-round Housing Occupancy Restrictions

(1) A Seasonal Community, a Trust, or a Regional Trust of which it is a member, may require, hold and enforce a Year-round Housing Occupancy Restriction for rental or other housing created pursuant to 760 CMR 76.04, 760 CMR 76.05 and 760 CMR 76.07.
(2) A Year-round Housing Occupancy Restriction held by a Seasonal Community shall, to the extent authorized under M.G.L. c. 184, be exempt from the following:
1. (a) the requirements under M.G.L. c. 184, §§ 27 through 30; and
2. (b) the procedural requirements under M.G.L. c. 184, § 32.
(3) If a Year-round Housing Occupancy Restriction held by a Seasonal Community provides no term limit, then such restriction shall be subject to the 30 year limitation imposed by M.G.L.
c. 184, § 23, unless eligible for exemption pursuant to M.G.L. c. 184, § 23.
(4) If a Dwelling Unit is subject to an Affordable Housing Restriction, the holder of the Year-round Housing Occupancy Restriction shall execute an agreement to subordinate obligations and covenants under the Year-round Housing Occupancy Restriction to the obligations and covenants under the Affordable Housing Restriction.
(5) A Seasonal Community shall maintain a record of all Year-round Housing Occupancy Restrictions within the Seasonal Community, including the address and any income restrictions placed on Dwelling Units subject to said Year-round Housing Occupancy Restrictions, and shall make said record available to EOHLC upon request.