Table
of Contents
Part
One
Introduction to the Community
Article I Creation of the
Community
1.1 Purpose & Intent
1.2 Binding Effect
1.3 Community Documents
1.4 Neighborhood Documents
Article II Concepts &
Definitions
2.1 Architectural
Guidelines
2.2 Architectural Review Board
2.3 Area of Common Responsibility
2.4 Articles of Association
2.5 Assessment
2.6 Association
2.7 Board of Directors
2.8 Builder
2.9 Charge
2.10 Chargee
2.11 Common Area
2.12 Common Expenses
2.13 Community
2.14 Community Documents
2.15 Community-Wide Standard
2.16 Covenant to Share Costs
2.17 Declarant
2.18 Declarant Control Period
2.19 Declaration
2.20 Entity
2.21 Home
2.22 Limited Common Area
2.23 Master Plan
2.24 Member
2.25 Memorandum of
Association
2.26 Neighborhood
2.27 Neighborhood Association
2.28 Neighborhood Expenses
2.29 Officers
2.30 Owner
2.31 Person
2.32 Plat
2.33 Public Streets
2.34 Recording
2.35 Reserves
2.36 Resolution
2.37 Rules & Regulations
2.38 Supplemental Declaration
2.39 Unit
2.40 Voting Group
2.41 Voting Member
Part
Two
Creation & Maintenance of Community Standards
Article III Use & Conduct
Restrictions
3.1 Imposition of
Covenants Regarding Use & Conduct
3.2 Residential Use
3.3 Vehicle Parking, Storage, Maintenance & Repairs
3.4 Use of Motorized Vehicles Within Common Area
3.5 Storage of Flammable Fuels
3.6 Pets & Other Animals
3.7 Compliance With Applicable Laws, Etc.
3.8 Foul or Obnoxious Odors
3.9 Loud or Obnoxious Noises
3.10 Unclean or Untidy Conditions
3.11 Nuisances & Other Offensive Activities
3.12 Burning of Trash, Etc.
3.13 Disposal of Certain Materials
3.14 Garbage Receptacles & Collection
3.15 Use of Water Bodies
3.16 Use of Firearms
3.17 Wildlife
3.18 Preservation of Environment
3.19 Conduct of Business Activities
3.20 Solicitations
3.21 Time Shares,
Etc.
3.22 Leasing of Units
3.23 Community
Reserves
3.24 Maya Artifacts
3.25 Disaster
Management
Article IV Rules &
Regulations
4.1 Framework for
Regulation
4.2 Rule-Making Authority of Board
4.3 Rule-Making Authority of Members
4.4 Notice of Newly-Adopted Rules
4.5 Relationship to Architectural Guidelines
4.6 Owners’ Acknowledgment & Notice to Purchasers
4.7 Limitations on Rule-Making Authority
Article V Architectural,
Building Guidelines & Landscaping Restrictions
5.1 Imposition of
Covenants Regarding Architecture & Landscaping
5.2 Compliance With Laws, Etc.
5.3 Dumping, Burning or Burying of Materials
5.4 Subdivision of Units
5.5 Combination of Units
5.6 Mobile Homes
5.7 Conversion of Garages
5.8 Foul & Obnoxious Odors
5.9 Nuisances, Etc.
5.10 Fences, Walls, Etc.
5.11 Drainage
5.12 Exterior Antennas, Etc.
5.13 Dilapidated Structures, Etc.
5.14 Irrigation
5.15 Miscellaneous Exterior Accessories
5.16 Relationship to Guidelines & Rules
5.17 Community Systems
5.18 Clearing of Land and
Effects on Wildlife
5.19 Cultural and Social
Issues
Article VI Architectural
Review & Architectural & Building Guidelines
6.1 Approval of
Improvements Required
6.2 Architectural Review by Declarant
6.3 Review by Architectural Review Committee
6.4 Architectural Review Fees
6.5 Architectural Guidelines
6.6 Architectural Review Procedures
6.7 Time & Notice of Decisions
6.8 Construction to be Diligently Pursued
6.9 No Waiver of Future Approvals
6.10 Variances
6.11 No Liability for Approved Plans
6.12 Certificate of Architectural Compliance
6.13 Establishment of the
Architectural Review Board (“ARB”)
6.14 Definitions for ARB
Procedures
6.15 ARB Meetings
6.16 Construction
Restrictions
6.17 Limitation of
Liability
6.18 Easement Releases
6.19 Plan Preparation
6.20 Unit Use
6.21 Review
6.22 Fines
6.23 Procedures for
Submission of an Application
6.24 Utilities, Water,
Waste and Lighting Guidelines
6.25 Survey
6.26 Site Plan
6.27 Architectural Plans
6.28 ARB Agreements
Article VII Maintenance,
Repair & Replacement
7.1 Maintenance of Units
7.2 Maintenance of Neighborhood Property
7.3 Repair & Replacement of Unit Improvements
7.4 Repair & Replacement of Common Area Improvements
Part
Three
Community Governance & Administration
Article VIII Association &
Members
8.1 Purposes of
Association
8.2 Membership
8.3 Classes of Membership
8.4 Exercise of Voting Rights
8.5 Neighborhoods, Voting Members & Voting Groups
Article IX Association
Powers & Responsibilities
9.1 Acquisition of
Property by Board of Directors
9.2 Conveyance of Property to Association by Declarant
9.3 Regulation of Common Area
9.4 Maintenance of Area of Common Responsibility
9.5 Required Insurance Coverages
9.6 Insurance Policy Requirements
9.7 Restoration of Improvements After Casualty
9.8 Enforcement of Community Documents
9.9 Board of Directors’ Discretion to Take Action
9.10 Implied Rights; Board Authority
9.11 Indemnification of Directors, Officers & Others
9.12 Responsibility for Personal Safety & Security
9.13 Association Powers Regarding Neighborhood
Associations
9.14 Additional Services Provided by Association
9.15 Relationships with Other Properties
9.16 Facilities & Services May be Opened to Public
Article X Association
Finances
10.1 Budgeting for
Common Expenses
10.2 Budgeting for Reserves
10.3 Budgeting for Neighborhood Expenses
10.4 Covenant to Pay Assessments
10.5 Authority to Levy General Assessments
10.6 Authority to Levy Special Assessments and Capital
Improvement Assessments
10.7 Authority to Levy Specific Unit Assessments
10.8 Time for Payment of Assessments
10.9 Personal Obligation to Pay Assessments
10.10 Lien Securing Payment of Assessments
10.11 No Abatement or Set-Off Applicable to Assessments
10.12 Certificate Regarding Payment Status of Assessments
10.13 Declarant’s Exemption from Assessment Obligations
and Option to Fund Budget Deficits
10.14 Property Exempt from Assessments
10.15 Capitalization of Association
10.16 Community Enhancement/Transfer Fee
Part
Four
Community Development
Article XI Additional
Reserved Rights of Declarant
11.1 Right to Withdraw
Land From Community
11.2 Right to Conduct Marketing & Sales Activities
11.3 Right to Develop
11.4 Right to Approve Additional Covenants
11.5 Right to Approve Changes in Community Standards
11.6 Right to Assign Declarant Rights
11.7 Right to Use Community Name
11.8 Easement to Inspect & Right to Correct
11.9 Right to Notice of Design or Construction Claims
11.10 Termination of Reserved Rights
Part
Five
Property Rights Within the Community
Article XII Easements
12.1 Easements in Common
Area
12.2 Easements for Encroachments
12.3 Easements for Utilities, Etc.
12.4 Easements for Maintenance, Emergency & Enforcement
12.5 Easements for River, Lagoon, Lake, Creek & Pond
Maintenance & Flood Water
12.6 Easement to Inspect & Right to Correct
12.7 Easement Holder’s Consent Required to Terminate
Article XIII Limited Common
Areas
13.1 Purposes of Limited
Common Areas
13.2 Designation of Limited Common Areas
13.3 Use of Limited Areas by Others
Article XIV Party Walls &
Other Shared Structures
14.1 General Rules of Law
to Apply
14.2 Maintenance; Damage & Destruction
Part
Six
Relationships Within & Outside the Community
Article XV Dispute
Resolution & Limitations on Litigation
15.1
Covenant to Encourage Dispute Resolution Without
Litigation
15.2
Claims to be Resolved
15.3
Dispute Resolution Procedures
15.4
Initiation of Litigation by Association
15.5
Venue and Jurisdiction
Article XVI Provisions for
Benefit of Chargees
16.1 Notices of
Occurrences
16.2 Other Protections for First-Priority Lien Holders
16.3 Limitations on Ability to Amend Documents
16.4 No Priority to Condemnation or Insurance Proceeds
16.5 Notice to Association of Charge
16.6 Construction of Article XVII
Part
Seven
Changes in the Community
Article XVII Changes in
Ownership of Units
Article XVIII Changes in
Common Area
18.1 Condemnation
18.2 Partition
18.3 Transfer or Dedication of Common Area
Article XIX Amendment of
Declaration
19.1 Amendments by Members
19.2 Amendments by Declarant
19.3 Validity & Effective Date
Article XX Interpretation &
Enforcement
20.1 Association of
Declaration by Reference
20.2 Governing Law & Venue
20.3 Enforcement
20.4 Waiver of Trial by Jury
20.5 Attorneys’ Fees
20.6 Remedies Cumulative
20.7 Alternative Dispute Resolution
20.8 Priority of Community Documents
20.9 Severability
20.10 Duration
20.11 Time of the Essence
20.12 Headings & Captions
20.13 Diagrams & Illustrations
20.14 Notices
Table
of Exhibits—Exhibit
A is attached
to this Declaration and incorporated herein by this
reference, and the amendment of said Exhibit shall be
governed by Article XIX. All other Exhibits are attached to
this Declaration for informational purposes, and may be
amended at any time and from time to time as provided in the
document constituting the particular Exhibit or as provided
in this Declaration, as applicable.
|
Exhibit |
Subject Matter |
First Cited |
|
Exhibit A |
Land Submitted to
Declaration |
Page A-1 |
|
Exhibit B |
Articles of Association
of Progresso Heights Community Association Limited
|
Page C-1 |
|
Exhibit C |
Memorandum of Association
of Progresso Heights Community Association Limited |
Page D-1 |
|
Exhibit D |
Rules & Regulations for
Progresso Heights |
Page E-1 |
Declaration of Covenants, Conditions, Restrictions, Easements &
Building Guidelines
for
Progresso Heights
This Declaration of Covenants, Conditions, Restrictions, Easements &
Building Guidelines (this “Declaration”) is made
this 10th day of May 2004, by Progresso Heights
Limited, a Belize corporation (“Declarant”).
Part
One
Introduction to the Community
Declarant, as
the developer of Progresso Heights (the “Community”),
has established this Declaration to provide a governance
structure and a flexible system of standards and procedures
for the overall development, expansion, administration and
maintenance of the Community as a mixed-use, master planned
development, and for the preservation of property values
therein.
Article I
Creation of the Community
1.1
Purpose & Intent. Declarant is or shall be the
holder of fee-simple title to the land described in
Exhibit A. Declarant intends that the covenants,
conditions, restrictions, easements and building guidelines
set forth in this Declaration shall mutually benefit and
burden all Owners of land within the Community, and the
provisions of this Declaration shall contribute to the value
of every Owner’s property, preserve the scenic beauty of the
Community’s natural surroundings, promote the safe and
family-oriented development of the Community, and foster a
gracious way of living for all Owners and occupants of land
within the Community. Every Owner who purchases land within
the Community shall be deemed to have done so voluntarily,
with knowledge of each and every one of the provisions of
this Declaration and the Exhibits attached hereto and after
having the opportunity to consult with counsel of
his/her/its choosing.
By recording
this Declaration, Declarant intends to establish a general
plan of development for the Community and to provide
flexible and reasonable procedures for the Community’s
future expansion and for its overall development,
administration, maintenance and preservation. An integral
part of Declarant’s general plan of development for the
Community will be the formation of Progresso Heights
Community Association Limited, a Belize corporation,
comprised of all Owners of land within the Community for the
following purposes: to own the Common Area; to operate,
maintain, repair and replace the improvements constructed or
installed within the Area of Common Responsibility; and to
enforce the provisions of this Declaration and the other
Community Documents.
1.2
Binding Effect. By recording this Declaration,
Declarant hereby submits and subjects all of the land
described in Exhibit A to the covenants,
conditions, restrictions and easements set forth in this
Declaration. The land described in Exhibit A
shall be owned, conveyed, leased, encumbered, improved and
used subject to the covenants, conditions, restrictions and
easements set forth in this Declaration, which shall run
with the title to the land. This Declaration shall be
binding upon all Persons or Entities having any right,
title, or interest in any land within the Community, their
heirs, successors, successors-in-title and assigns, and
shall inure to the benefit of each Owner of any parcel of
land within the Community.
1.3
Community Documents. The Community Documents consist
of the following: this Declaration and any Supplemental
Declarations applicable to portions of the Community; the
Association’s Articles of Association and Memorandum of
Association; the Rules & Regulations described in Article
IV; the Architectural Guidelines described in Article VI;
and such Resolutions of general application as the
Association’s Board of Directors may duly adopt in
accordance with this Declaration, the Articles and the
Memorandum of Association; as they all may be amended from
time to time.
The Community
Documents apply to all Owners and occupants of land within
the Community, as well as to their respective tenants,
guests and invitees. If a Unit is leased, the lease shall
provide that the tenant and all occupants of the leased Unit
are bound by and obligated to comply with the Community
Documents.
Notwithstanding any other provision of this Declaration,
Declarant may record one or more Supplemental Declarations
or other declarations of covenants applicable to any portion
of the Community, which declare additional restrictions or
provisions that are more restrictive than the provisions of
this Declaration; in such event, the more restrictive
provisions shall control.
1.4
Neighborhood Documents. Some Neighborhoods within
the Community may be subject to additional covenants,
conditions, restrictions and easements to be administered by
a Neighborhood Association. In such case, if there is a
conflict between or among the Community Documents and any
such additional covenants or restrictions, or the Community
Documents and the policies of any Neighborhood Association,
the Community Documents shall control. The Association may,
but shall not be obligated to, enforce any such covenants,
conditions, restrictions, easements or other instruments
applicable to any Neighborhood.
Article II
Concepts & Definitions
The
uncapitalized words and terms used in the Community
Documents shall generally be interpreted in accordance with
their natural, commonly accepted meanings, unless otherwise
defined herein. As used in this Declaration and the other
Community Documents, capitalized words and terms shall have
the specific meanings set forth below. Additional words and
terms may be defined on the first occasion that they appear
in the text of the Community Documents.
2.1
“Architectural Guidelines” (or the “Guidelines”)
means the guidelines and standards for the architecture,
design, and exterior items of improvements and landscaping
constructed or installed within the Units, adopted pursuant
to Article VI, and as they may be amended at any time and
from time to time. The Architectural Guidelines establish
architectural standards and procedures for the review of
proposed improvements and modifications to Units, including
structures, landscaping and other improvements within the
Units. A copy of the initial Guidelines, as promulgated by
Declarant, is attached in Article VI.
2.2
“Architectural Review Board” (or the “ARB”) means
that certain committee, appointed by the Board of Directors,
and granted the authority to review the plans and
specifications for proposed improvements to be constructed
or installed within a Unit, and to approve or reject the
same in accordance with Article VI and the Architectural
Guidelines. The authority of the Architectural Review Board
shall include the right to review the plans and
specifications for any proposed modification to the existing
improvements previously constructed or installed within a
Unit.
2.3
“Area of Common Responsibility” means the Common
Area, together with such other areas, if any, for which the
Association has been assigned or may assume the
responsibility to operate, maintain, repair and replace the
improvements constructed or installed thereon, pursuant to
the terms of this Declaration, any Supplemental Declaration,
or other applicable covenants, contracts or agreements.
2.4
“Articles of Association” (or the “Articles”) means
the Articles of Association of Progresso Heights Community
Association Limited, as they may be amended from time to
time. A copy of the Articles, as and when filed by
Declarant is or shall be attached hereto as Exhibit B.
2.5
“Assessment” means the obligation of an Owner to pay
a determined or estimated sum of money, or share thereof,
levied by the Association in accordance with this
Declaration and the Articles and/or Memorandum, in order to
fund the expenses of the Association incurred on behalf of
one or more Owners. As used in this Declaration and the
other Community Documents, the term “Assessment” includes
the following particular categories of Assessments:
(a) “General Assessment” means the
Assessment levied on all Units subject to Assessments
pursuant to Section 10.4, in order to fund the Common
Expenses for the general benefit of all Units pursuant to
Section 10.1.
(b) “Special Assessment” means an
Assessment levied on all Units subject to Assessments
pursuant to Section 10.6, in order to fund capital
improvements for the benefit all Units or emergency expenses
of the Association pursuant to Section 10.1.
(c) “Specific Unit Assessment” means an
Assessment levied on one or more, but fewer than all Units,
in order to fund expenses incurred for the particular
benefit of, or because of the acts or omissions of, the
Owner or Owners of such particular Unit or Units pursuant to
Section 10.7.
(d) “Neighborhood Assessment” means an
Assessment levied against the Units in a particular
Neighborhood, or Neighborhoods to fund Neighborhood
Expenses, as more particularly described in Section 10.6.
2.6
“Association” means Progresso Heights Community
Association Limited, a Belize corporation, and its
successors or assigns. The Association shall hold title to
the Common Area, and is vested with the authority to operate
and maintain the Area of Common Responsibility, to maintain,
repair and replace the improvements constructed or installed
thereon, to administer the Community, and to enforce the
provisions of this Declaration and the other Community
Documents.
2.7
“Board of Directors” (or the “Board”) means the
governing body responsible for the administration of the
Association, selected as provided in the Articles and the
Memorandum of Association, and generally serving the same
role as a board of directors under the corporate law of
Belize. “Director” means an individual member of the
Board.
2.8
“Builder” means any Person or Entity who purchases
one or more Units for the purpose of constructing
residential improvements for later resale to one or more
consumers, or who purchases one or more parcels of land
within the Community for further subdivision, development or
resale in the ordinary course of such Builder’s business.
Any Person or Entity who occupies or leases a Unit for
residential purposes shall immediately cease to be a
“Builder” with respect to the Unit so occupied or leased,
notwithstanding that such Person or Entity originally
purchased the Units for the purpose of constructing
residential improvements for later resale to consumers.
2.9
“Charge” means a mortgage, charge, a deed of trust, a
deed to secure debt, or any other form of security
instrument encumbering title to any Unit.
2.10
“Chargee” means mortgagee, the holder or beneficiary
of a Charge.
2.11 “Common Area” means all real property, including
easements, including those improvements constructed or
installed thereon, which the Association owns, leases, or in
which it otherwise holds possessory or use rights for the
common use and enjoyment of the Owners. As used in this
Declaration, the term shall include the Limited Common Area,
as defined and described in Section 2.22, unless
specifically excluded.
2.12
“Common Expenses” means the actual and estimated
expenses incurred, or anticipated to be incurred, by the
Association for the general benefit of all Owners, including
any reasonable Reserves, as the Board may find or deem
necessary and appropriate pursuant to the Community
Documents. The Common Expenses shall not include any
expenses incurred for the initial development or other costs
of constructing or installing the original subdivision
improvements within the Community, unless Voting Members
representing a majority of the total Class “A” votes
approve.
2.13
“Community” means the land described in Exhibit
A, as may be subjected to this Declaration.
2.14
“Community Documents” means, collectively, this
Declaration and any Supplemental Declaration, the Plat
and/or Master Plan, the Articles of Association, the
Memorandum of Association, the Rules & Regulations, the
Architectural Guidelines, and the Resolutions of general
application duly adopted by the Board of Directors, as they
all may be amended from time to time.
2.15
“Community-Wide Standard” means the standard of
conduct, maintenance, or other activity generally prevailing
within the Community, or the minimum standards established
pursuant to this Declaration, the Architectural Guidelines,
the Rules & Regulations, and the Resolutions of general
application duly adopted by the Board of Directors,
whichever is the highest standard. Declarant shall
initially establish the Community-Wide Standard, and it may
contain both objective and subjective elements. The
Community-Wide Standard may evolve as development progresses
and as the needs and desires of the Owners change, but in no
event may a change in custom serve to amend this Declaration
or any of the Community Documents.
2.16
“Covenant to Share Costs” means the Declaration of
Easements and Covenant to Share Costs that Declarant has
executed and recorded. The Covenant to Share Costs grants
or declares easements for the benefit of the Association
and/or the present and future owners of the subject land,
and provides for the sharing of the costs of maintaining
property described therein.
2.17
“Declarant” means Progresso Heights Limited, a Belize
corporation, or any successor or assign who takes title to
any portion of the land described in Exhibit A
for the purpose of developing and selling such land and who
is designated as a “successor Declarant” in an instrument
that is executed and recorded by the immediately preceding
Declarant; provided, however, that there shall never be more
than one “Declarant” at any time.
2.18
“Declarant Control Period” means the period of time
during which Declarant is entitled to appoint a majority of
the members of the Board of Directors as provided in Section
10, Article 11 of this Declaration. The Declarant Control
Period shall terminate on the first to occur of the
following events:
(a) when certificates of occupancy have been
issued for the Homes constructed within ninety percent (90%)
of the total number of Units permitted by the Master Plan
for the land described in Exhibit A and such
Units have been conveyed to Class “A” Members other than the
Builders;
(b) December 31, 2015; or
(c) when, in its discretion, the Class “B”
Member so determines.
2.19
“Declaration” means this Declaration of Covenants,
Conditions, Restrictions, Easements & Building Guidelines
for Progresso Heights as recorded in the Public Records of
Belize, and as it may be amended from time to time. This
Declaration creates obligations that are binding upon
Declarant, the Association and all present and future
Owners. The Declaration may also be referred to and/or known
as Building Guidelines or Eco-Guidelines.
2.20
“Entity” means any corporation, partnership, limited
liability company, or any other legally created and validly
existing entity.
2.21
“Home” means the permanent improvements constructed
within a Unit or Homesite for the purposes of providing a
single-family residential dwelling to the Owner and/or other
occupants of such Home.
2.22
“Limited Common Area” means a portion of the Common
Area set aside for the exclusive use and primary benefit of
one or more, but less than all, Owners or Neighborhoods, as
the case may be, as more particularly described in Article
XIII.
2.23
“Master Plan” means the land use plan for the
development of the Community prepared by Declarant, and
approved or to be approved by the Government of Belize,
including, for example, the Ministry of Natural Resources,
and as it may be amended from time to time. The Master Plan
includes all of the land described in Exhibit A.
2.24
“Member” means a Person or Entity subject to
mandatory membership in the Association pursuant to Section
8.2. Pursuant to Section 8.3, there shall initially be two
classes of Members: (a) the “Class ‘A’ Members,” who
shall include all Owners other than Declarant; and (b) the “Class
‘B’ Member,” or Declarant.
2.25
“Memorandum of Association” means the Memorandum of
Association of Progresso Heights Community Association
Limited, as it may be amended from time to time. A copy of
the Memorandum of Association, as adopted by Declarant, is
attached to this Declaration as Exhibit C.
2.26
“Neighborhood” means a group of Units designated,
pursuant to Section 8.5, as a separate “Neighborhood” within
the Community for one or more of the following purposes:
sharing the use and enjoyment of a designated Limited Common
Area; or receiving other benefits or services from the
Association that are not provided to all Units; or electing
Voting Members. A Neighborhood may be comprised of more
than one type of Home, and may include non-contiguous
parcels of land. If the Association provides benefits or
services to fewer than all Units within a particular
Neighborhood, then the benefited Units shall constitute a
sub-Neighborhood for purposes of determining and levying
Neighborhood Assessments for such benefits or services.
Where the context permits or requires, the term Neighborhood
shall also refer to the Neighborhood Committee, as
established in accordance with the Articles and/or
Memorandum of Association, or the Neighborhood Association,
if any, having concurrent jurisdiction over the land within
the Neighborhood. Neighborhood boundaries may be
established and modified as provided in Section 8.5.
2.27
“Neighborhood Association” means a strata-title
association and/or other property owners association, if
any, having jurisdiction over any Neighborhood concurrent
with, but subordinate to, the jurisdiction of the
Association. Nothing in this Declaration shall be construed
to require the creation of any Neighborhood Association.
2.28
“Neighborhood Expenses” means the actual and
estimated expenses, which the Association incurs or expects
to incur for the benefit of the Owners of the Units within a
particular Neighborhood or Neighborhoods. Neighborhood
Expenses may include a reasonable Reserve for capital
repairs and replacements, and a reasonable administrative
charge, as may be authorized pursuant to this Declaration or
in the Supplemental Declaration applicable to such
Neighborhood or Neighborhoods.
2.29
“Officer” means one of the Persons selected by the
Board of Directors, in accordance with the Articles and/or
Memorandum of Association, to administer the day-to-day
affairs of the Association.
2.30
“Owner” means, collectively, the Persons or Persons
who, and/or the Entity or Entities that, hold record
fee-simple title to any Unit, but excludes any Person or
Entity that holds an interest in a Unit merely as security
for the performance of an obligation. The present holder of
a record life estate in any Unit shall be deemed to be the
Owner of such Unit during the term of the life estate. If a
Unit is sold under a recorded installment land sales
contract, contract for deed or similar contractual
arrangement, and such contract specifically so provides, the
contract purchaser (rather than the fee owner) shall be
considered the Owner.
2.31
“Person” means a natural person, including a trustee
or other fiduciary acting on behalf of a Person or Persons
who are the beneficiaries or equitable owners under a trust
or similar arrangement.
2.32
“Plat” means the recorded subdivision plat (or
plats), approved by the Government of Belize, that
subdivides the land subject to this Declaration and thereby
creates the Units, Common Area, and Public Streets within
the Community. The Plat may set forth restrictions,
easements or other provisions in addition to those set forth
in this Declaration. As used in this Declaration, the term
“Plat” may include a recorded strata plot plan creating
strata title units within the Community.
2.33
“Public Streets” means and includes those streets and
roads, as set forth on the Plat and/or Master Plan, as well
as related improvements, constructed or installed within the
rights-of-way dedicated to the Government of Belize.
2.34
The uncapitalized terms “record,” “recording,”
and “recorded,” as used in this Declaration and the
other Community Documents, shall refer to the filing of a
legal instrument, executed with all of the formalities
required of a deed, in the Public Records of Belize, or such
other records of the Government of Belize as may be
designated as the appropriate location for the recording of
subdivision plats and similar documents affecting title to
real estate, as applicable.
2.35
“Reserves” means those funds set aside and reserved
for capital repair and replacements of the improvements
constructed or installed within the Common Area and the Area
of Common Responsibility (to the extent that the Association
has assumed or been assigned the responsibility for such
repairs and replacements to the improvements within the Area
of Common Responsibility).
2.36
“Resolution” means a resolution duly adopted by the
Board of Directors, at any time and from time to time, in
accordance with this Declaration, the Articles of
Association and the Memorandum of Association. A Resolution
of general application may establish policies and procedures
for the internal governance and activities of the
Association, regulate the operation and use of the Common
Area, or amend, replace or repeal any Resolution previously
adopted.
2.37
“Rules & Regulations” (or the “Rules”) means the
Rules & Regulations of the Community, as they may be amended
from time to time pursuant to Article IV. The Rules
regulate the use of the Units, the Common Area and the Area
of Common Responsibility in the interests of the health,
safety and welfare of the Owners. A copy of the initial
Rules & Regulations, as promulgated by Declarant, is
attached hereto as Exhibit D.
2.38
“Supplemental Declaration” means an instrument
recorded in the public records of Belize, which may grant or
declare easements, and impose additional obligations or
restrictions upon the Community; or designate Neighborhoods,
and may also refer to an instrument executed and recorded by
Declarant to designate Voting Groups pursuant to Section
8.5(c).
2.39
“Unit” means a portion of the Community, whether
improved or unimproved, which may be separately owned and is
intended for development, use and occupancy as an attached
or detached residence for a single family. The term shall
include the land, if any, which is part of the Unit as well
as any improvements constructed or installed thereon. In
the case of a strata-title unit such as a condominium,
townhouse, carriage-home, or similar structure containing
multiple dwellings, each dwelling shall be deemed to be a
separate Unit.
Units may be
combined or further subdivided, and boundary lines of Units
may be changed, only by the recording of a Plat or other
legal instrument further subdividing or re-subdividing the
parcel of property (which subdivision shall be subject to
such other restrictions as may be set forth in this
Declaration or rules of the Association). Absent the
recording of such a plat or other legal instrument,
ownership of adjacent Units by the same Owner shall not
permit such Units to be treated as a single Unit for
purposes of voting and Assessments, notwithstanding that
such Units may be improved by constructing a single dwelling
thereon. Notwithstanding anything contained herein to the
contrary, only the Declarant or its approved designees may
subdivide a parcel or Unit.
2.40
“Voting Group” means one or more Voting Members who
vote on a common slate for election of the Directors, as
more particularly described in Section 8.5(c), or, if the
context so indicates, the group of Members whose Units are
represented by such Voting Members.
2.41
“Voting Member” means the representative selected by
the Class “A” Members within each Neighborhood pursuant to
Section 8.5(b) to cast the Class “A” votes attributable to
their Units on all matters requiring a vote of the
membership (except as otherwise specifically provided in
this Declaration and in the Articles and/or Memorandum of
Association). The term “Voting Member” shall also refer to
alternate Voting Members acting in the absence of the Voting
Member and any Owners authorized personally to cast the
votes for their respective Units pursuant to Section 8.5(b).
Part
Two
Creation & Maintenance of Community-Wide Standards
This
Declaration declares certain restrictions regarding conduct,
use, maintenance, architecture, landscaping and other
matters within the Community, and establishes procedures for
adopting, modifying, applying, and enforcing such standards
while providing the flexibility for the Community-Wide
Standards to evolve as the Community changes and grows over
time. The Community-Wide Standards for conduct, use,
maintenance, architecture, landscaping and other matters
within the Community are what embodies the Community’s
identity and makes it a place that people want to call
“home,” and every Owner and occupant of a Unit may take
pride in upholding such standards and in the results of that
common effort.
Article III
Use & Conduct Restrictions
3.1
Imposition of Covenants Regarding Use & Conduct.
Declarant, for itself and for its successors-in-title to all
land within the Community, hereby covenants and agrees that
such land shall be subject to the restrictive covenants
regarding the use of land and the conduct of Persons or
Entities set forth in this Article III, as well as the Rules
& Regulations adopted pursuant hereto, and hereby declares
that the Association is authorized to enforce such covenants
and Rules pursuant to this Declaration and the other
Community Documents. Every Owner of land within the
Community, by its acceptance of a deed or other instrument
conveying title to such land, shall be deemed to have
covenanted and agreed to comply with such covenants and
Rules or the sanctions imposed by the Association for
failure to comply therewith.
3.2
Residential Use. No one may use any Unit for any
purpose other than the construction and occupation of an
attached or detached Home, except as otherwise expressly
provided in this Declaration and with respect to those
parcels designated on the Master Plan as a commercial
parcel.
3.3
Vehicle Parking, Storage, Maintenance & Repairs. The
parking, storage, maintenance and repair of all vehicles
within the Community shall be subject to the following
restrictions:
(a) Parking Generally. Every Owner and
other occupant of a Unit shall park their vehicles
completely within such Unit’s garage, carport or driveway
when not in use or on the Public Streets, as permitted by
the Community Documents. No one may park their vehicle
elsewhere within the Community, including, but not limited
to, within the rights of way of the Public Streets, within
the Common Area (except in Common Area parking areas
designated for such purpose), or elsewhere within any Unit
(except within such Unit’s garage, carport or driveway).
(b) Inoperable Vehicles. No one may
park any inoperable vehicle, or any vehicle that lacks a
current operating license or registration, anywhere within
the Community, except completely within a Unit’s garage or
carport.
(c) Commercial & Service Vehicles.
Service and delivery vehicles may be parked within the
driveway of a Unit or the designated parking areas within
the Common Area, during daylight hours, for such period of
time as is reasonably necessary to provide service or to
make a delivery to a Unit or the Common Area. The Owner or
other occupant of a Unit may park a business or commercial
pickup, or similar van or light truck, within the driveway
of Unit, overnight, provided such business or commercial
vehicle is also such Owner’s principal means of private
transportation. No one may otherwise park any commercial
vehicle anywhere within the Community except on the portions
of the Community where commercial use is considered
permissible, as reflected on the Master Plan.
(d) Construction Vehicles & Equipment.
No one may park any construction or farm vehicle or
equipment anywhere within the Community; provided, however,
that construction vehicles and equipment may be parked
within a Unit or the Common Area during the construction or
installation of improvements thereon, as is reasonably
necessary to complete such improvements; provided further,
farm vehicles may be parked in ARB approved commercial
areas.
(e) Recreational Vehicles, Etc. No one
may park any recreational vehicle, including, without
limitation, travel trailers, mobile homes, towed campers,
trucks with mounted campers, and all similar vehicles,
anywhere within the Community; provided, however, that the
Owner or other occupant of a Unit may park a recreational
vehicle on the driveway of a Unit for no more than a
fourteen (14) consecutive day period but only if a Home is
fully constructed on said Unit, exclusively for the purposes
of loading and unloading such vehicle. No one may sleep or
otherwise reside in a recreational vehicle while it is
present within or upon a Unit.
(f) Boats & Other Watercraft. No one
may park any boat or other watercraft or their trailers
anywhere within the Community, except that the Owner or
other occupant of a Unit may park a boat or other watercraft
and its trailer completely within such Unit’s garage or
carport. No one may sleep or otherwise reside in a boat or
other watercraft while it is present within or upon a Unit.
(g) Vehicle Maintenance & Repairs. No
one may perform vehicle maintenance or repairs anywhere
within the Community, except that the Owner or other
occupant of a Unit may perform such maintenance or repairs
within such Unit’s garage or carport, after taking necessary
and appropriate precautions for ventilation.
The Association may adopt
Rules & Regulations that further regulate vehicle parking,
or that provide temporary exceptions for vehicle parking for
special occasions (such as parties, receptions and other
short-term social functions); provided, however, that the
Association shall make no exception for overnight parking
within the right of way of any of the Public Streets. The
Board of Directors, or its designee, may cause any vehicle
that is parked in violation of this Section 3.3, or the
Rules adopted pursuant hereto, to be towed and removed from
the Community, all at the Owner’s or occupant’s cost and
expense.
3.4
Use of Motorized Vehicles within Common Area. No one
may park or operate a motorized vehicle on the pathways or
trails owned or maintained by the Association.
3.5
Storage of Flammable Fuels, Etc. Except on those
Units designated Commercial Units, no one may store
gasoline, heating oil, or other flammable fuels or liquids
within the Community; provided, however, that the Owner or
occupants of a Unit may store a reasonable amount of fuel
within the garage of the Unit for emergency purposes and the
operation of gas grills, lawn mowers and similar tools or
equipment, not to exceed five (5) gallons. The Association
may store fuel for the operation of maintenance vehicles,
generators, and similar equipment. This covenant shall not
apply to any underground fuel storage tank authorized
pursuant to Article IV.
3.6
Pets & Other Animals. Owner(s) or other occupants of
a Unit may keep a reasonable number of dogs, cats, horses,
or other usual and common household pets within such Unit.
No one shall permit any pet, animal, or livestock to roam
free, make objectionable noise, or endanger the health or
safety of, or constitute a nuisance or inconvenience to, the
Owners or other occupants of other Units. Any pet that
violates this Section 3.6, in the sole discretion of the
Board of Directors, shall be removed from the Unit and the
Community upon the Board’s request. If the owner of such
pet fails to honor such request, the Board may cause the pet
to be removed from the Unit and the Community, and all costs
and expenses of such removal shall be the responsibility of
the Unit Owner. Pet owners shall keep their dogs on a
leash, or otherwise confined in a manner acceptable to the
Board, whenever their dogs are present outside their Homes.
All pets shall be registered, licensed and inoculated as
required by applicable laws, codes and ordinances. The
Association may adopt Rules & Regulations that further
regulate the keeping of pets within the Community,
including, but not limited to, the restriction of the number
of animals that may be kept within a Unit, the prohibition
of certain species or breeds, and the regulation or
prohibition of pet activities within the Common Area.
Every pet
owner shall be strictly responsible for the behavior of such
owner’s pet, including, for example, any damage to property
or injury to Persons caused by such pet, and shall
indemnify, defend and hold Declarant, the Association and
every other Owner or occupant of a Unit completely free and
harmless from and against any and all damage or injury
caused by such pet.
3.7
Compliance with Applicable Laws, Etc. No one shall
engage in any activity within the Community that violates
any applicable law, ordinance or regulation of Belize, as
they may be amended from time to time; provided, however,
that the Association shall have no obligation to enforce any
such law, ordinance or regulation in the event of a
violation.
3.8
Foul or Obnoxious Odors. No one shall engage in any
activity within the Community that emits foul or obnoxious
odors or creates noise or other conditions, which tends to
disturb the peace or threaten the safety of the Owners or
other occupants of other Units. The Association may adopt
Rules & Regulations that further regulate such activities
that tend to cause foul or obnoxious odors, including, but
not limited to, further restricting or prohibiting certain
specified activities.
3.9
Loud or Obnoxious Noises. No one shall use or
discharge any radio, loudspeaker, horn, whistle, bell, or
other sound device so as to be audible to the Owners or
other occupants of other Units, except alarm devices used
exclusively for security purposes. The Association may
adopt Rules & Regulations that further regulate such
activities that tend to cause loud or obnoxious noises,
including, but not limited to, further restricting or
prohibiting certain specified activities.
3.10
Unclean or Untidy Conditions. No one may pursue any
hobby or engage in any other activity that tends to cause an
unclean, unhealthy, or untidy condition to exist outside of
the enclosed structures within a Unit. The Association may
adopt Rules & Regulations that further regulate such
activities that tend to cause unclean, unhealthy or untidy
conditions, including, but not limited to, further
restricting or prohibiting certain specified activities.
3.11
Nuisances & Other Offensive Activities. No one may
engage in any noxious or offensive activity that, in the
reasonable determination of the Board of Directors, tends to
cause embarrassment, discomfort, annoyance or nuisance to
the Owners or occupants of the Units. The Association may
adopt Rules & Regulations that further regulate such
activities, including, but not limited to, further
restricting or prohibiting certain specified activities.
3.12
Burning of Trash, Etc. No one may engage in the
burning of trash, leaves, debris or other materials;
provided, however, that Declarant, a Builder, or other
contractor may engage in such burning during the normal
course of constructing or installing improvements within a
Unit or the Common Area. The Board of Directors, or the
Architectural Review Board, as applicable, may adopt Rules &
Regulations, or Architectural Guidelines, that further
regulate such activities, including, but not limited to, the
time, place and manner of such burning.
3.13
Disposal of Certain Materials. No one may dump grass
clippings, leaves or other debris, petroleum products,
fertilizers, or other potentially hazardous or toxic
substances in any drainage ditch, stream, creek or river, or
elsewhere within the Community; provided, however, that
fertilizers may be applied to landscaping within the Units
or the Common Area, provided care is taken to minimize the
run-off therefrom.
3.14
Garbage Receptacles & Collection. No one may
deposit, accumulate or keep garbage, recycling materials or
yard refuse within a Unit or anywhere else within the
Community, except in closed, sanitary receptacles or
recycling bins between the regular collection times of such
garbage, recycling materials or yard refuse. The
Association may adopt Rules & Regulations that further
regulate the storage and collection of garbage, recycling
materials and yard refuse, including, but not limited to,
prescribing collection times, the type of receptacles to be
used, and the proper storage of such receptacles between
regular collection times.
3.15
Use of Water Bodies. The Association shall not be
responsible for any loss, damage, or injury to any Person or
