A. 
In every congregate or independent senior housing development there shall be an organization of the owners of the dwelling units established pursuant to MGL c. 183A, or equivalent legal entity, which shall be responsible for the maintenance and repair of roads and driveways, snow plowing, wastewater disposal, landscape maintenance, trash removal, utility services and maintenance and repair of other common elements and facilities serving the residents.
[Amended 6-22-2021]
B. 
The bylaws of the organization shall prohibit the dissolution of the organization without adequate replacement, or changes to any provisions required by the Town of Upton in any permit issued for a congregate or independent senior housing development, or changes to any provisions or requirements of the Zoning Bylaw and these rules and regulations, without the written consent of the Planning Board of the Town of Upton.
A. 
All dwelling units in congregate or independent senior housing must be occupied with at least one occupant aged 55 or over. The occupant shall reside in the dwelling unit and shall not vacate the premises and rent or lease to an unauthorized occupant without express written permission of the development organization and the Planning Board. There shall be no further limitation on the size or membership of the household provided the qualifying owner-occupant resides in the unit, except as specified in the Upton Zoning Bylaw.
B. 
The organization of homeowners established for the development shall annually report to the Planning Board on the residency of all occupied units, including the names and ages of owners and occupants, and any other information necessary to enforce the conditions of approval.
In the event of the death of the qualifying occupant(s) of a dwelling unit, or foreclosure or other involuntary transfer of a unit in congregate or independent senior housing, a two-year exemption period shall be allowed for the transfer of the unit to another eligible household. During this two-year period, household members who resided in the unit prior to the death of the qualifying occupant may remain in the unit. Persons who are not qualified occupants may not move into the unit.
Any homeowner or other occupant of a unit in congregate or independent senior housing who does not abide by the regulations set forth herein, or the conditions set forth in the approval document for the development, and which causes the Town of Upton to enforce these regulations in a court of legal jurisdiction shall be liable for the costs to uphold the regulations, including but not limited to attorney fees. This regulation shall be incorporated into the condominium association master deed.