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Declaration of Covenants, Conditions, Restrictions, Easements & Building Guidelines for PROGRESSO HEIGHTS (“Declaration”)
Table of Contents
Part One Article I Creation of the Community
1.1 Purpose & Intent Article II Concepts & Definitions 2.1 Architectural
Guidelines 2.10 Chargee 2.11 Common Area 2.25 Memorandum of
Association
Part Two Article III Use & Conduct Restrictions 3.1 Imposition of
Covenants Regarding Use & Conduct 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 Article V Architectural, Building Guidelines & Landscaping Restrictions
5.1 Imposition of Covenants Regarding
Architecture & Landscaping
5.5 Combination of Units 5.17 Community Systems
Article VI Architectural Review & Architectural & Building Guidelines
6.1 Approval of Improvements Required 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
Part Three Article VIII Association & Members
8.1 Purposes of Association Article IX Association Powers & Responsibilities
9.1 Acquisition of Property by Board
of Directors Article X Association Finances
10.1 Budgeting for Common Expenses
Part Four Article XI Additional Reserved Rights of Declarant
11.1 Right to Withdraw Land From
Community
Part Five Article XII Easements
12.1 Easements in Common Area Article XIII Limited Common Areas
13.1 Purposes of Limited Common Areas Article XIV Party Walls & Other Shared Structures
14.1 General Rules of Law to Apply
Part Six 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
Part Seven Article XVII Changes in Ownership of Units Article XVIII Changes in Common Area
18.1 Condemnation Article XIX Amendment of Declaration
19.1 Amendments by Members Article XX Interpretation & Enforcement
20.1 Association of Declaration by
Reference 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.
Declaration of Covenants, Conditions, Restrictions, Easements &
Building Guidelines 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 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 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 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 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 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 any 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 property arising out of the authorized or unauthorized use of rivers, lakes, ponds, creeks, streams or other bodies of water within or adjacent to the Community. The Association may adopt Rules & Regulations that further regulate such water-related activities, including, but not limited to, further restricting or prohibiting certain specified activities. NEITHER DECLARANT, ASSOCIATION NOR ANY OF THEIR OFFICERS, DIRECTORS, COMMITTEE MEMBERS, EMPLOYEES, MANAGEMENT AGENTS, CONTRACTORS OR SUBCONTRACTORS (COLLECTIVELY, THE “LISTED PARTIES”) SHALL BE LIABLE OR RESPONSIBLE FOR MAINTAINING OR ASSURING THE SAFETY, WATER QUALITY OR WATER LEVEL OF/IN ANY RIVER, LAGOON, LAKE, POND, CANAL, CREEK, STREAM, OR OTHER WATER BODY WITHIN THE COMMUNITY, EXCEPT AS SUCH RESPONSIBILITY MAY BE SPECIFICALLY IMPOSED BY, OR CONTRACTED FOR WITH, AN APPLICABLE GOVERNMENTAL OR QUASI-GOVERNMENTAL AGENCY OR AUTHORITY. FURTHER, NONE OF THE LISTED PARTIES SHALL BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH OCCURRING IN, OR OTHERWISE RELATED TO, ANY WATER BODY, ALL PERSONS USING SAME SHALL BE DOING SO AT THEIR OWN RISK. ALL OWNERS AND OCCUPANTS OF ANY PORTION OF THE COMMUNITY LOCATED ADJACENT TO OR HAVING A VIEW OF ANY OF THE AFORESAID WATER BODIES, INCLUDING, FOR EXAMPLE, THE RIVER OR LAGOON, SHALL BE DEEMED, BY VIRTUE OF THEIR ACCEPTANCE OF THE DEED TO OR USE OF, SUCH UNIT, TO HAVE AGREED TO RELEASE THE LISTED PARTIES FROM ALL CLAIMS FOR ANY AND ALL CHANGES IN THE QUALITY AND LEVEL OF THE WATER IN SUCH BODIES. ALL PERSONS ARE HEREBY NOTIFIED FROM TIME TO TIME WILDLIFE MAY HABITAT ON OR ENTER INTO WATER BODIES WITHIN OR NEARBY THE PROPERTIES AND MAY POSE A THREAT TO PERSONS, PETS AND PROPERTY, BUT THAT THE LISTED PARTIES ARE UNDER NO DUTY TO PROTECT YOU AGAINST AND DO NOT IN ANY MANNER WARRANT OR INSURE AGAINST ANY DEATH, INJURY OR DAMAGE CAUSED BY SUCH WILDLIFE. 3.16 Use of Firearms. No one may discharge any firearm, crossbow or similar weapon within the Community; provided, however, that the Association shall have no obligation to prevent or stop such discharges. 3.17 Wildlife. No one may capture, trap, or kill any wildlife within the Community, except as expressly approved by the Board of Directors, and as necessary to preserve the health, safety and welfare of residents of the Community. 3.18 Preservation of Environment. No one may engage in any activity that materially disturbs or destroys the vegetation, wildlife, wetlands, or air quality within the Community, uses excessive amounts of water, or results in unreasonable levels of sound or light pollution. 3.19 Conduct of Business Activities. Except on those Units designed on the Master Plan as Commercial Units, no one may engage in any business, trade, garage sale, moving sale, rummage sale, or similar activity within the Community; provided, however, that the Owner or other occupant of a Unit may maintain and use a “home office” within the Unit provided that such business activity: (i) is not apparent or detectable by sight, sound, or smell from outside the Unit; (ii) conforms to all zoning and other land use requirements of Belize or any other governmental body having jurisdiction over the Community; (iii) does not involve door-to-door solicitation of the Owners or occupants of any Unit; (iv) does not, in the reasonable judgment of the Board of Directors, generate a level of vehicular or pedestrian traffic or a number of vehicles being parked within the Community which is noticeably greater than that which is typical of Units in which no home office is maintained; and (v) is consistent with the residential character of the Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Community, as may be determined in the Board’s sole discretion. The terms “business” and “trade,” as used in this Section 3.19, shall be construed to have their ordinary, generally accepted meanings and shall include, without limitation, any occupation, work, or activity undertaken on an on-going basis which involves the provision of goods or services for which the provider receives a fee, compensation, or other form of consideration, regardless of whether such activity: (i) is engaged in full or part-time; (ii) is intended to be for-profit or not-for-profit; or (iii) requires a license. The leasing of a Unit shall not be considered a business or trade within the meaning of this Section 3.19. This Section 3.19 shall not apply to any activity conducted by Declarant, or a Builder approved by Declarant, including, but not limited to, the sale or lease of any Unit(s) that Declarant or a Builder owns, the operation of a timeshare or similar program, or related marketing and sales activities. 3.20 Solicitations. No one may engage in commercial or charitable door-to-door solicitations within the Community; provided, however, that the Board of Directors may permit charitable organizations to conduct such solicitations, as approved in writing. The Association may adopt Rules & Regulations that further regulate solicitation activities, including, but not limited to, prescribing the time, place and manner of solicitations, and identifying certain charitable organizations that may solicit contributions within the Community. 3.21 Time Shares, Etc. No one may use any Unit for the operation of a time-sharing, fraction-sharing, or similar program whereby the right to the exclusive use of the Unit rotates among participants in the program on a fixed or floating time schedule over a period of years; provided, however, that Declarant, or its assigns, may operate such a program with respect to Units which it, or its assigns, owns. 3.22 Leasing of Units. The Owner of a Unit may lease such Unit for residential purposes only. Every lease of a Unit shall be in writing, shall transfer possession of the entire Unit and not a portion or portions thereof, and shall require the lessee and other occupants of the Unit to comply with the requirements of this Declaration and each of the other Community Documents, as they each may be amended or supplemented. The Owner shall provide the lessee with current copies of this Declaration and the other Community Documents. The Association may adopt Rules & Regulations that further regulate leasing activities, including, but not limited to, prescribing the form of written lease, or requiring the registration of the lessee with the Association. The terms “lease” and “leasing,” for purposes of this Section 3.22, shall refer to the regular, exclusive occupancy of a Unit by any Person, other than the Owner, for which the Owner receives any consideration or benefit, including, but not limited to, rent, fees, or in-kind services. 3.23 Community Reserves. All portions of the Properties subject to the Community Reserves shall be known as “Open Spaces” and shall be generally left in their natural state. Any proposed alteration of a community reserve area, including the removal of fallen limbs, dead trees or other natural debris, shall require the written consent of the ARB and, during the Declarant Control Period, the written consent of the Declarant. 3.24 Maya Artifacts. Maya artifacts are considered the possession of the Government of Belize; however, such artifacts may be displayed within the Community. Removal of the artifacts from the Community is considered a material breach of this Declaration and such acts or omissions will subject such Owner or occupant to the fines and other sanctions of this Declaration.
Article IV 4.1 Framework for Regulation. This Declaration establishes, as part of the general plan of development for the Community, a framework of covenants, restrictions and easements, which govern the Community. This Declaration also provides for the promulgation, modification and expansion of the Rules & Regulations, which regulate the use of the Units and the Common Area in the interests of the health, safety and welfare of the Owners and other occupants of the Units, which Rules shall complement the restrictive covenants. Within that framework, the Board of Directors and the Members shall have the flexibility to respond to unforeseen problems and changes in circumstances, conditions, needs, desires, trends and technology. Accordingly, this Article establishes the procedures for modifying and expanding the initial Rules & Regulations set forth in Exhibit D. 4.2 Rule-Making Authority of Board. Subject to the limitations and procedural requirements of this Article and the Board of Directors’ duty to exercise reasonable business judgment and on behalf of the Association and the Members, the Board may modify, cancel or delete, limit, create exceptions to, or expand the Rules & Regulations. The Board shall send notice to all Owners concerning any proposed action regarding the Rules at least fifteen (15) days prior to the Board meeting at which such action is to be considered. Members or Voting Members, as the case may be, shall have a reasonable opportunity to be heard at the Board meeting prior to such action being taken. A Board action regarding the Rules shall become effective after compliance with Section 4.4, unless Members and/or Voting Members, as the case may be, representing more than fifty percent (50%) of the total Class “A” votes, and the Class “B” Member, if any, disapprove such action at a meeting. The Board shall have no obligation to call a meeting of the Members to consider such action, except upon receipt of a petition of the Voting Members pursuant to the requirements for special meetings provided in the Memorandum of Association. Upon receipt of such petition of the Voting Members prior to the effective date of any Board action under this Section 4.2, the proposed action shall not become effective until after such meeting is held, and its effectiveness shall be subject to the approval or disapproval of the Voting Members at such meeting. 4.3 Rule-Making Authority of Members. Alternatively, at a meeting of the Members duly called for such purpose, Members and/or Voting Members, as the case may be, who represent more than fifty percent (50%) of the total Class “A” votes may vote to amend, expand or otherwise modify the Rules & Regulations then in effect. Such action shall require approval of the Class “B” Member, if any. 4.4 Notice of Newly-Adopted Rules. Prior to any action regarding the Rules & Regulations taken under this Article IV becoming effective, the Board of Directors shall cause a copy of the new Rule or explanation of any changes to the existing Rules & Regulations to be (electronically or otherwise) sent or transmitted to every Owner. The effective date shall not be fewer than fifteen (15) days following such distribution to the Owners. The Association shall provide, at no charge, a copy of the Rules then in effect to any Owner or Chargee who requests it. 4.5 Relationship to Architectural Guidelines. No action taken under this Article shall have the effect of repealing, expanding or otherwise modifying the Architectural Guidelines or any provision of this Declaration or any other Community Documents other than the initial Rules & Regulations set forth in Exhibit D. In the event of a conflict between the Guidelines and the Rules, the Guidelines shall control. 4.6 Owners’ Acknowledgment & Notice to Purchasers. By accepting a deed or other instrument conveying title to a Unit, each Owner shall be deemed to have covenanted and agreed that use of the Units and the Common Area is subject to the Rules & Regulations, as amended, expanded and otherwise modified from time to time. Each Owner, by accepting a deed or other instrument conveying title to a Unit, shall be deemed to have acknowledged and agreed that the use, enjoyment and marketability of such Owner’s Unit will be affected by this Declaration and the Rules, which may be amended, expanded or otherwise modified from time to time. 4.7 Limitations on Rule-Making Authority. Except as may be set forth in this Declaration, as it may be amended from time to time, or in the initial Rules & Regulations set forth in Exhibit D, all Rules shall comply with the following provisions: (a) Similar Treatment. The Owners who are similarly situated shall be treated in a similar manner; provided, however, that the Rules may vary by Neighborhood. (b) Religious, Holiday & Political Displays. The Owners shall have the absolute right to display, within their Homes, religious and holiday signs, symbols, and decorations of the kinds normally displayed in homes located in single-family residential neighborhoods, and such right may not be abridged by the Association; provided, however, that the Association may adopt Rules that reasonably regulate the time, place, and manner in which signs and symbols are displayed, or otherwise visible from outside a Home. Likewise, the Owners shall have the absolute right to display political signs on behalf of candidates and issues, and the Association may not regulate the content of such political signs; provided, however, that the Association may adopt Rules that reasonably regulate the time, place and manner of the posting of such signs, including, for example, their size and other design criteria. (c) Household Composition. The Association shall adopt no Rule that restricts the freedom of the Owners to determine who lives in their households; provided, however, that the Association may require that all occupants be members of a single house-keeping unit and may limit the total number of occupants permitted in each Unit on the basis of the physical size of the Home and the occupants’ fair use of the Common Area. (d) Activities within Homes. Except as otherwise provided for herein, the Association shall adopt no Rule that restricts the activities of the Owners or other occupants carried on within the Homes; provided, however, that the Association may prohibit activities not normally associated with property restricted to residential use, and it may restrict or prohibit any activities that create monetary costs for the Association or other Owners, that create a danger to the health, safety or welfare of the occupants of other Units, that generate excessive noise or traffic, that create unsightly conditions visible from outside of or adjacent to the Home, or that create an unreasonable source of annoyance to the occupant(s) of other Unit(s). (e) Allocation of Burdens & Benefits. Except as otherwise provided for herein, the Association shall adopt no Rule that alters the allocation of financial burdens among the various Units, or the rights to use the Common Area, to the detriment of any Owner over that Owner’s written objection delivered to the Association. Nothing in this provision shall prevent the Association from changing the Common Area available, from adopting Rules for the use of the Common Area generally applicable to all Owners, or from denying use privileges to any Owner who is delinquent in paying Assessments, has abused the Common Area, or has violated the Community Documents. This provision does not affect the right to increase the amount of Assessments as provided in Article X. (f) Transfer & Leasing. The Association shall adopt no Rule that prohibits the lease or transfer of any Unit, or that requires the consent of the Association or the Board of Directors for the lease or transfer of any Unit; provided, however, that the Association or the Board may adopt a Rule that requires any lease of a Unit to include a term of up to twelve (12) months. The Association may also adopt a Rule that requires the Owners to use written lease forms approved by the Association, but shall not impose any fee on the lease or transfer of any Unit greater than an amount reasonably incurred by the Association in administering that lease or transfer. (g) Abridging Existing Rights. The Association shall adopt no Rule that requires any Owner to dispose of personal property that was placed within a Unit prior to the adoption of such Rule, provided such personal property was in compliance with all Rules previously adopted and in compliance with all district, city and foreign laws. This exemption shall apply only during the period of such Owner’s ownership of the Unit, and shall not apply to subsequent Owners who take title to the Unit after adoption of the Rule. (h) Reasonable Rights to Develop. The Association shall adopt no Rule that restricts or interferes with Declarant’s right to develop the Community. The limitations in Paragraphs (a) through (g) of this Section 4.7 shall only limit rule-making authority exercised pursuant to this Article IV; these limitations shall not apply to amendments to this Declaration adopted in accordance with Article XVI.
Article V 5.1 Imposition of Covenants Regarding Architecture & Landscaping. 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 architectural and landscaping elements of the improvements to be constructed or installed within the Units set forth in this Article V, and the Architectural Guidelines adopted pursuant hereto, and hereby declares that the Board of Directors or the Architectural Review Board, as applicable, is authorized to enforce such covenants and the Guidelines. 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 the Guidelines. 5.2 Compliance with Laws, Etc. No one may construct or install any architectural or landscaping element that violates laws, ordinances, codes or regulations of Belize; provided, however, that the Board of Directors shall have no obligation to enforce such laws, ordinances, codes or regulations. 5.3 Dumping, Burning or Burying Materials. No one may engage in outside dumping, accumulation or burning of trash, leaves, debris, or other materials, except during the normal course of constructing or installing improvements within a Unit; provided, however, that Declarant and the approved Builders may dump and bury rocks and trees removed from a building site on such building site in accordance with applicable laws, ordinances, codes and regulations governing such practices. 5.4 Subdivision of Units. No one may subdivide a Unit into two or more Units, or alter the boundary lines of any Unit after the Plat creating such Unit has been recorded; provided, however, that Declarant may, at any time and from time to time, modify the boundary lines of, subdivide, or replat one or more Units with the prior written consent of the Owner or Owners thereof. 5.5 Combination of Units. No one may combine two or more Units without the express written permission of the ARB and the Class B Member during the Development Period; provided, however, Declarant may, at any time and from time to time, modify the boundary lines of, combine, or replat two or more Units with the prior written consent of the Owner or Owners thereof. 5.6 Mobile Homes. No one may assemble, place or install a mobile home, modular home, manufactured housing unit, or similar structure anywhere within the Community; provided, however, that a mobile construction office may be placed upon each Unit for use during the construction or installation of the improvements thereon. In the event that a dispute arises as to what may constitute a “mobile home” under particular circumstances, the determination of Declarant, the Board of Directors, or the ARB, as applicable, shall control. 5.7 Conversion of Garages. No one may convert any garage to finished space for use as an apartment or other living area without prior approval of the ARB pursuant to Article VI. 5.8 Foul & Obnoxious Odors. No one may construct or install any architectural or landscaping element within a Unit from which emanates foul or obnoxious odo |