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
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
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 Review Criteria
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. The
Articles establish the Association as a Belize
corporation under the law of Belize. A
copy of the initial 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
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 10.6.
(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 10.7.
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.
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. The Memorandum
of Association governs the Association’s internal
affairs, including, without limitation, the
procedures for voting, elections, and meetings.
A copy of the initial 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 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 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, 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 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 pr
