Bill S.1910

SENATE DOCKET, NO. 2018 FILED ON: 1/20/2017

SENATE . . . . . . . . . . . . . . No. 1910

By Mr. Cyr, a petition (accompanied by bill, Senate, No. 1910) of Julian Cyr, Sarah K. Peake, Adam G. Hinds, Keiko M. Orrall and others for legislation relative to the maintenance of private ways, bridges and common amenities in municipalities. Transportation.

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to the maintenance of private ways, bridges and common amenities in municipalities.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: Chapter 84 of the General Laws shall be amended by striking out sections 12, 13 and 14 and inserting in place thereof the following eight sections:

Section 12. Definitions. For the purposes of sections 12A through 14A of this chapter, the following terms shall have the following meanings:

“Benefited land” shall mean the land owned by a proprietor or rightful user which land has an appurtenant right to use a private way, bridge or common amenity whether by easement, grant, implication or otherwise.

“Bridge” shall mean a private bridge, whether paved or unpaved, that is not maintained, repaired or replaced by a city or town or other governmental entity or authority.

“Common amenity” shall mean a private park, building, recreational facility, beach or the like, privately owned utility line or system and appurtenances to such utility line or system, and any and all appurtenances thereto or appurtenances to a private way or bridge including but not limited to roadway rights of way, drainage, abutments, slopes, ramps, approaches, and landscape and hardscape improvements, and in each case that is not maintained, repaired or replaced by a city or town or other governmental entity or authority.

“Common association” shall mean a trust, corporation, limited liability company, or unincorporated association established for the purpose of maintaining, repairing and replacing a private way, bridge or common amenity, the beneficiaries, shareholders, or members of which are all of the proprietors and rightful users owning benefited land that has an appurtenant right to use such private way, bridge or common amenity whether by easement, grant, implication or otherwise.

“Common association board” shall mean a governing or managing board of a common association, as applicable, which board shall be created pursuant to and in accordance with section 13B of this chapter.

“Common association members” shall mean the beneficiaries, shareholders, or members, as applicable, of a common association.

“Maintenance process” shall mean the process for any one or more of the following (i) maintenance, repair and replacement of private ways, bridges and common amenities, (ii) contribution and collection of funds for administration and for such maintenance, repair and replacement from proprietors and rightful users owning benefited land that has the appurtenant right to use such private ways, bridges and common amenities whether by easement, grant, implication or otherwise, (iii) making assessments on account thereof and increasing or decreasing such assessments from time to time, (iv) establishing liens for unpaid assessments, and (v) enforcing the obligation of proprietors and rightful users to pay such assessments whether through foreclosure of such liens or otherwise.

“Prior recorded instrument” shall mean an instrument that was recorded at the time of the establishment of a private way, bridge or common amenity or was recorded subsequent to the establishment of such private way, bridge or common amenity with the consent of all proprietors or rightful users owning benefited land that has the appurtenant right to use such private way, bridge or common amenity whether by easement, grant, implication or otherwise, which instrument in either such case was recorded prior to January 1, 2018.

“Private way” shall mean a private street, road or other way, whether paved or unpaved, which is not maintained, repaired or replaced by a city or town or other governmental entity or authority.

“Proprietor” shall mean the fee owner of land abutting a private way, bridge or common amenity which land has an appurtenant right to use such private way, bridge or common amenity whether by easement, grant, implication or otherwise.

“Recorded” shall refer to an instrument or document recorded with the registry of deeds in accordance with chapter 183 or registered with the registry district of the land court in accordance with chapter 185.

“Rightful user” shall mean any fee owner, other than a proprietor, of land which has an appurtenant right to use a private way, bridge or common amenity whether by easement, grant, implication or otherwise.

“Servitude” or “equitable servitude” shall mean an obligation of a proprietor or rightful user, whether such obligation is actual or implied, to participate financially or otherwise in the maintenance, repair and replacement of private ways, bridges or common amenities.

Section 12A. Equitable servitude created for maintenance, repair and replacement of private ways, bridges and common amenities; duration of obligation. Notwithstanding any general law or special law to the contrary, an obligation that provides for proprietors or rightful users to be responsible for, or to participate financially or otherwise in, the maintenance, repair and replacement of private ways, bridges, or common amenities, whether imposed as provided in sections 12B through 14A, or by an order of a court of competent jurisdiction applying equitable principles, shall be deemed to have created an equitable servitude, binding on all benefitted land owned by each proprietor or rightful user, and not a condition or restriction. The establishment of appurtenant rights to use a private way, bridge, or common amenity requiring maintenance, repair or replacement shall be deemed to create a servitude for the maintenance, repair and replacement of the private way, bridge, or common amenity. Such servitude shall continue as long as the need for maintenance, repair or replacement continues and as long as the private way, bridge, or common amenity remains private and is not maintained, repaired or replaced by a city or town or other governmental entity or authority.

Notwithstanding any general law or special law or any provision of any recorded instrument to the contrary, the obligation of any proprietors or rightful users of any private ways, bridges or common amenities to maintain, repair or replace or contribute to the maintenance, repair or replacement of such private ways, bridges, or common amenities shall continue as long as the appurtenant right to use such private ways, bridges or common amenities continues and as long as the private ways, bridges or common amenities remain private and are not maintained, repaired or replaced by a city or town or other governmental entity or authority, regardless of whether any recorded covenants, conditions and restrictions affecting such private ways, bridges, or common amenities have expired. Such obligations of each proprietor and rightful user shall continue regardless of whether such proprietor or rightful user exercises its right to use such private way, bridge or common amenity, and shall continue notwithstanding any unilateral release by such proprietor or rightful user of the right to use such private way, bridge or common amenity. Notwithstanding the prior sentence, a proprietor or rightful user may disclaim an appurtenant right to use a private way, bridge or common amenity which is granted to such proprietor or rightful user subsequent to the date such proprietor or rightful user became the owner of the benefitted land to which such right is appurtenant, and, upon the recording of such disclaimer, such proprietor or rightful user and any successor owner of such benefitted land shall have no further right to use the private way, bridge or common amenity that is the subject of the disclaimer and shall have no further obligations with respect to the maintenance, repair and replacement of such private way, bridge or common amenity or with respect to the payment of the costs of such maintenance, repair and replacement. However, in no event may a proprietor or rightful user disclaim any right to use a private way, bridge or common amenity that was created as appurtenant to the benefitted land of such proprietor or rightful user, whether by express grant, by implication or otherwise, prior to the date such proprietor or rightful user became the owner of such benefited land.

Section 12B. Maintenance process or common association established by prior recorded instrument. The maintenance process with respect to any private way, bridge or common amenity as stated in any prior recorded instrument relating to such private way, bridge or common amenity shall remain in effect notwithstanding the fact that any covenants, conditions or restrictions imposed by said prior recorded instrument have expired by the language of the prior recorded instrument or by operation of law, and votes to amend such maintenance process shall be as stated in the prior recorded instrument. If there is no provision in such prior recorded instrument establishing the maintenance process for such private way, bridge or common amenity, or if there is no procedure in such prior recorded instrument to amend such maintenance process, the maintenance process for such private way, bridge or common amenity may be established, or any amendments thereto may be adopted, by majority vote of proprietors and rightful users owning benefited land which has the appurtenant right to use such private way, bridge or common amenity at a meeting duly called and held pursuant to the terms of the prior recorded instrument or, if such prior recorded instrument does not establish a procedure for calling such a meeting, then by majority vote of such proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called and held for that purpose pursuant to section 13 of this chapter.

Any common association created by a prior recorded instrument to implement the maintenance process established by such prior recorded instrument shall be governed by the provisions of that prior recorded instrument. If there is no common association created by a prior recorded instrument to implement the maintenance process established by such prior recorded instrument, or if there is no procedure in such prior recorded instrument to amend the structure of or provisions governing such common association, the common association may be created, or any amendments to the structure of or provisions governing such common association may be adopted, by majority vote of proprietors and rightful users owning benefited land which has the appurtenant right to use the applicable private way, bridge or common amenity at a meeting duly called and held pursuant to the terms of the prior recorded instrument or, if such prior recorded instrument does not establish a procedure for calling such a meeting, then by majority vote of such proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called and held for that purpose pursuant to section 13 of this chapter. The creation of any common association pursuant to this section, or any amendments adopted pursuant to this section with respect to a common association created by a prior recorded instrument, shall be governed by the provisions of section 13B of this chapter.

Section 13. Meeting of proprietors and rightful users to establish maintenance process or common association. If four or more persons are the proprietors or rightful users of a private way, bridge, or common amenity that is not governed or managed by a prior recorded instrument or instrument previously adopted pursuant to section 13A of this chapter, then any three or more of them may call a meeting for the purpose of establishing a maintenance process for such private way, bridge or common amenity, or for the purpose of establishing a common association, or both, by mailing notice of the date, time and place of the meeting by certified and first class mail, postage prepaid, to each proprietor and rightful user of the private way, bridge or common amenity that is the subject of the proposed maintenance process or common association at least 14 days before the time appointed for the meeting and addressed to those persons and addresses appearing in the records of the assessor for the city or town in which the benefited land owned by the proprietors and rightful users is located, and by publishing a copy of said notice at least once, not less than 14 days before the day of the meeting, in a newspaper with general circulation in the city or town where such benefited land lies.

The maintenance process, or the common association, its initial common association board, and its terms and provisions as set forth in section 13B of this chapter, shall be created upon a majority vote of the proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, such meeting. Once the maintenance process has been established, then all proprietors and rightful users, including those not in attendance at the meeting, shall automatically become subject to and have the benefit of the maintenance process. Once the common association has been created, then all proprietors and rightful users, including those not in attendance at the meeting, shall automatically become common association members and subject to the terms and provisions of the common association. Any maintenance process or common association established or amended at a meeting called and held pursuant to this Section 13 shall be required to be established or amended in a manner that is fair and equitable towards all proprietors and rightful users subject to such maintenance process or common association, as applicable.

Section 13A. Maintenance process or common association established by meeting of proprietors and rightful users. If there is no maintenance process or procedures to amend a maintenance process established by a prior recorded instrument or instrument previously adopted pursuant to this section with respect to a private way, bridge or common amenity, then the maintenance process for such private way, bridge or common amenity, and the procedures for adopting amendments to the maintenance process, may be established by majority vote of the proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called and held for that purpose pursuant to section 13 of this chapter. The existence of a maintenance process that has been established pursuant to section 12B of this chapter or this section 13A shall be set forth in a document that shall be duly recorded, which document shall certify that the maintenance process has been established in accordance with the provisions of said section 12B or this section 13A, as applicable, shall certify that the notice provisions of section 13 have been complied with, where applicable, including a statement of the place and date of publication of notice of any meeting held pursuant to said section 13, and shall be signed and acknowledged by at least two of the proprietors and rightful users owning benefited land. The document recorded pursuant to this section shall also set forth the names of a list of the owners of all benefitted land as of the date of recording, including a reference to the deed, certificate of title or other source of the title of each such owner to the benefitted land owned by such owner. Such recorded document shall also include a description of the private ways, bridges or common amenities that are the subject of the maintenance process by metes and bounds description, or by reference to a plan recorded previously or together with such recorded document, or by reference to the prior recorded instrument or instruments establishing such private ways, bridges or common amenities, or by any other means which allows the nature, location and extent of the private ways, bridges or common amenities to be reasonably determined from the recorded document setting forth the existence of the maintenance process. The recorded document shall include such additional information regarding the maintenance process as may be determined to be appropriate by the proprietors and rightful users establishing the maintenance process. Changes in the maintenance process subsequent to the recording of such document shall be stated in a certificate evidencing a vote of the proprietors and rightful users adopting such change, which certificate shall be signed and acknowledged by at least one of the proprietors or rightful users and shall be duly recorded. Notwithstanding the foregoing provisions of this paragraph, the existence of a maintenance process that has been established pursuant to section 12B of this chapter or this section 13A may be set forth in a document executed and recorded pursuant to section 13B of this chapter evidencing the formation of a common association that will oversee such maintenance process, and a separate document executed and recorded pursuant to this paragraph shall not be required.

If there is no prior recorded instrument or instrument previously adopted pursuant to this section establishing a common association to implement a maintenance process established pursuant to this section, then such common association may be established by majority vote of the proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called and held for that purpose pursuant to section 13 of this chapter. A single such meeting may be called and held for the purpose of establishing both a maintenance process and a common association; provided, however, that it shall be permissible to establish a maintenance process without establishing also a common association. The creation of any common association pursuant to this section shall be governed by the provisions of section 13B of this chapter.

Section 13B. Provisions governing common association. The provisions of this section shall govern any common association not in existence pursuant to a prior recorded instrument but instead created pursuant to section 12B or section 13A of this chapter. In addition, any amendments adopted pursuant to section 12B of this chapter with respect to a common association in existence pursuant to a prior recorded instrument shall comply with the provisions of this section. Once a common association governed by the provisions of this section has been created, all proprietors and rightful users shall automatically become common association members. No proprietor or rightful user shall be required to pay any membership fee as a requirement to belonging to such common association. Administration and maintenance fees and fees for repair and replacement as determined by such common association shall not be deemed to be membership fees. Any common association governed by the provisions of this section shall be required to have a common association board, which common association board shall have not less than three members. The members of the common association board shall each serve a term as determined by majority vote of the proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, the meeting called and held for the purpose of establishing the common association or amending the structure of or provisions governing such common association pursuant to section 13 of this chapter. The members of the common association board shall be elected by majority vote of the proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called and held for that purpose. The common association board shall hold a general meeting at least once per year, wherein proprietors and rightful users belonging to the common association may be heard. The common association board shall reach decisions regarding the management and implementation of the maintenance process and matters within the other powers of the common association board through a majority vote. The common association board may call additional meetings as deemed necessary by the common association board or at the request of three or more proprietors and rightful users. Notice of all meetings shall be mailed by first class mail, postage prepaid, or otherwise delivered to all known proprietors and rightful users at least fourteen days before the meeting. If the common association board fails or refuses to call a meeting when required or when petitioned to do so by three or more proprietors and rightful users, the proprietors and rightful users may convene such a meeting by giving notice of such meeting mailed by first class mail, postage prepaid, or otherwise delivered to all known proprietors and rightful users at least fourteen days before the meeting. Once a common association has been created, any meeting of the common association board or of the proprietors and rightful users shall be governed by the by-laws and rules established by the common association. No duly called meeting of the proprietors and rightful users shall be deemed invalid if reasonable efforts were made to notify all proprietors and rightful users who were known at the time the meeting notices were mailed or delivered.

A common association shall have the power to do anything reasonably necessary to manage and implement the maintenance process. In addition to seeking court enforcement, the common association may adopt reasonable rules and procedures to encourage compliance and deter violations, including the imposition of fines, penalties, late fees, and, if and to the extent authorized by the documents creating and governing the common association, the withdrawal of privileges to use private ways, bridges and common amenities. The common association shall have the power to make substantial alterations, improvements, and additions to private ways, bridges and common amenities only if such alteration, improvement or addition has been approved by a vote of not less than seventy-five percent of proprietors and rightful users attending, whether personally appearing or by written and signed instruction or proxy, a meeting called for that purpose. The documents governing the common association may define the alterations, improvements or additions that shall be deemed substantial for the purposes of the preceding sentence, and any such definition shall be binding on the association members. Funds may be raised by levying assessments against the benefited land owned by the proprietors and rightful users, and by charging fees for services or, if and to the extent authorized by the documents creating and governing the common association, for the use of the private ways, bridges, and common amenities by proprietors and rightful users. Such fees must be reasonably related to the costs of maintenance, repair and replacement of the private ways, bridges and common amenities and related administration costs. A common association shall have the power to sue and be sued. Common associations shall have the duty to act fairly and equitably towards all the common association members. Actions to collect maintenance and other fees may be taken in the superior court in the county or the district court in the district where the property subject to the servitude lies.

The name and mailing address of the common association which has been formed pursuant to section 12B or section 13A of this chapter shall be stated in a document that shall be duly recorded, which document shall certify that the common association has been formed in accordance with the provisions of said section 12B or said section 13A, as applicable, shall certify that the notice provisions of section 13 have been complied with, where applicable, including a statement of the place and date of publication of notice of any meeting held pursuant to said section 13, and shall be signed and acknowledged by at least two of the proprietors and rightful users who are members of such common association. If the common association has been formed pursuant to a prior recorded instrument referencing such common association or for the purpose of overseeing the maintenance process set forth in a prior recorded instrument, the document recorded pursuant to this section shall also include the recording information for that prior recorded instrument. The document recorded pursuant to this section shall also set forth the names of the members of the common association board and a list of the owners of all benefitted land as of the date of recording, including a reference to the deed, certificate of title or other source of the title of each such owner to the benefitted land owned by such owner. Such recorded document shall also include a description of the private ways, bridges or common amenities overseen by the common association by metes and bounds description, or by reference to a plan recorded previously or together with the common association document, or by reference to the prior recorded instrument or instruments establishing such private ways, bridges or common amenities, or by any other means which allows the nature, location and extent of the private ways, bridges or common amenities to be reasonably determined from the common association document. The recorded document shall set forth the powers of the common association and the procedures for governance of the association, or shall reference the recording information for any separately recorded bylaws or other governing documentation for the common association setting forth such powers and procedures. The recorded common association document shall be indexed to the name of the association as well as in the chain of title for each owner of benefitted land or, in the event of registered land, endorsed on the memorandum of encumbrances for the certificate of title for each owner of benefited land, as applicable. Subsequent amendments, changes in the association board, and other documents affecting the common association shall be accepted for recording by the registry of deeds, assessed a single document recording fee and entered in the grantor index under the name of the association; or, in the event of registered land, the land registration office shall either (a) endorse such subsequent document on the memorandum of encumbrances for the certificate of title for each owner of benefitted land, or (b) issue a master certificate of title for the common association and shall endorse on its memorandum of encumbrances the common association document and any concurrently or subsequently filed amendments, changes in the association board, and other documents affecting the common association, and in either event the land registration office shall assess only a single document recording fee for the subsequent association document and shall not assess a recording fee multiplied by the number of certificates of title for the benefitted land.

Changes in the members of the common association board, or changes in the mailing address of the common association subsequent to the recording of such document, shall be stated in a certificate signed and acknowledged by at least one member of the common association board then appearing of record, or by a vote of the proprietors and rightful users and signed and acknowledged by at least one of the proprietors or rightful users, and such certificate or vote shall be duly recorded. Persons may rely in good faith upon any such recorded document or the most recently recorded certificate or vote as to the names of the members of the common association board and the address of the common association. Notices sent in writing to the address listed in the recorded document or the most recently recorded certificate or vote, if relied upon in good faith, shall be deemed sufficiently given; provided, however, that the person or entity sending the notice has complied with the other requirements of sections 12A through 14A of this chapter, as applicable.

Section 14. Assessments; lien. Any common association that is created pursuant to sections 12B or 13A, and any common association created by a prior recorded instrument that elects to be subject to this section in the manner hereinafter provided , shall have a lien on the benefited land and the improvements thereon owned by each proprietor and rightful user for any assessment levied against such land and improvements pursuant to the provisions governing the maintenance process managed and implemented by the common association, such lien to exist from the time the assessment becomes due, and shall be enforceable under this section. A common association created by prior recorded instrument may elect to be subject to this section (a) by majority vote of the proprietors and rightful users attending a meeting called and held for that purpose in accordance with the governing procedures of such common association, notice of which meeting shall specifically indicate that a vote will be held at the meeting to determine whether the common association will adopt this section, and (b) by causing an instrument evidencing such election to be signed and acknowledged by at least two of the proprietors and rightful users who are members of such common association, which instrument shall include a certification that the election was made at a meeting called and held in accordance with the provisions of this section 14, shall include the name and mailing address of the common association, and shall also set forth the names of the members of the common association board and a list of the owners of all benefitted land as of the date of recording, including a reference to the deed, certificate of title or other source of the title of each such owner to the benefitted land owned by such owner, and by causing such instrument to be duly recorded and indexed to the name of the association as well as in the chain of title for each owner of benefitted land or, in the event of registered land, endorsed on the memorandum of encumbrances for the certificate of title for each owner of benefited land, as applicable. In no event shall any common association have a lien pursuant to this section for any assessment that becomes due prior to the creation of such common association pursuant to sections 12B or 13A or, in the case of a common association created by a prior recorded instrument, prior to the recording of an instrument of election pursuant to the preceding sentence.

If any expense is incurred by the common association as a result of the proprietor’s or rightful user’s failure to abide by the requirements imposed with respect to such maintenance process, the common association may assess that expense exclusively against the proprietor or rightful user and such assessment shall constitute a lien on the benefited land and the improvements thereon owned by such proprietor or rightful user from the time the assessment is due, and such assessment shall be enforceable under this section. The common association may also assess any fees, attorneys’ fees, charges, late charges, fines, costs of collection and enforcement, court costs, and interest charged pursuant to the provisions of the applicable maintenance process against the proprietor or rightful user and such assessment shall constitute a lien on the benefited land and the improvements thereon owned by such proprietor or rightful user from the time the assessment is due, and shall be enforceable under this section. The proprietor or rightful user shall be personally liable for all sums assessed by the common association pursuant to the provisions governing the maintenance process managed and implemented by the common association, including late charges, fines, penalties, and interest assessed by the common association and all costs of collection including attorneys’ fees, costs, and charges.

When any portion of a proprietor’s or rightful user’s share of the charges, fees and expenses assessed against the benefited land and the improvements thereon owned by such proprietor or rightful user has been delinquent for at least sixty days, the common association shall send a notice stating the amount of the delinquency to the proprietor or rightful user by certified and first class mail. A lien under this section shall be enforced in the manner provided in sections five and five A of chapter two hundred and fifty-four. Neither this section nor anything contained in sections five or five A of chapter two hundred and fifty-four shall be deemed to prohibit actions to recover sums for which this section creates a lien or to prohibit a common association from taking a deed in lieu of enforcement of the lien created by this section. Nothing herein shall be construed to prevent a common association from adopting or amending the procedures for managing and implementing the maintenance process whether pursuant to the provisions of a prior recorded instrument or in accordance with the provisions of sections 12B or 13A of this chapter to provide additional protections, remedies, or rights for said common association in connection with the creation and enforcement of the liens referenced above in this section.

The creation and enforcement of any lien created by a prior recorded instrument shall be enforceable in accordance with, and governed by, the provisions of this section, notwithstanding any provisions to the contrary contained within said prior recorded instrument. Notwithstanding the aforesaid, nothing contained in this section shall be construed to prevent or prohibit any common association, whether created pursuant to sections 12B or 13A or created by a prior recorded instrument, from exercising other rights of enforcement available at common law, by statute or otherwise.

Section 14A. Statement of amounts due. A statement executed and acknowledged by one or more members of the common association board stating that all assessments and other sums which have been assessed against the benefited land identified in the statement and the improvements thereon have been paid through the date set forth in such statement shall, when recorded, operate to discharge the land and improvements thereon from any lien for any assessments or other sums owed prior to the date set forth in such statement. The statement shall be furnished within ten business days after receipt of a written request, upon payment of a reasonable fee, and shall be binding on the common association and every proprietor and rightful user; provided, however, that no fee shall be required of any mortgagee, in connection with a foreclosure of a mortgage, who has given the common association notice of its intention to foreclose a mortgage upon the benefited land and the improvements thereon owned by a proprietor or rightful user.

SECTION 2. Section 5 of Chapter 254 of the General Laws shall be amended by striking out the first sentence and inserting in place thereof the following:

A lien upon land for the erection, alteration, repair or removal of a building or other structure or other improvement of real property or for professional services relating thereto or a lien established under section seventy-six of chapter sixty-three, section 14 of chapter eighty-four, or section 6 of chapter 183A shall be enforced by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies.

SECTION 3. Section 5A of said chapter 254 shall be amended by striking out the first sentence and inserting in place thereof the following:

When the amount of a lien under section 14 of chapter 84, section six of chapter 183A, or section 29 of chapter 183B has been established by a court, the court shall enter an order authorizing the sale of the real estate to satisfy such lien;” and by inserting after the first paragraph, the following new paragraph:

For a lien under section 14 of chapter 84, such form shall be printed in substantially the following form:

SALE OF REAL ESTATE

UNDER GLM 84:14

By virtue of a Judgment and Order of the ___ Court (docket no. ___) in favor of ___ against ___ establishing a lien pursuant to GLM 84:14 on the real estate known as [Property Address] for the purpose of satisfying such lien, the real estate will be sold at Public Auction at ___ o’clock ___.M. on the ___ day of ___ A.D. (insert year) at ____. The premises to be sold are more particularly described as follows:

Description: (Describe premises exactly as in the deed, including all references to title, restrictions, encumbrances, etc.)

Terms of sale: (State the amount, if any, to be paid in cash by the purchaser at the time and place of the sale, and the time or times for payment of the balance or the whole as the case may be.)

Other terms to be announced at the sale.

(Signed)___ ___ Lienholder

___(insert year)

SECTION 4. This act shall take effect January 1, 2018.

Name:	District/Address:
Julian Cyr	Cape and Islands
Sarah K. Peake	4th Barnstable	1/31/2017
Adam G. Hinds	Berkshire, Hampshire, Franklin and Hampden	2/2/2017
Keiko M. Orrall	12th Bristol	2/2/2017
Mathew Muratore	1st Plymouth	2/2/2017