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Declaration of
Covenants, Conditions, Restrictions, Easements &
Building Guidelines
for
Waterside
This Declaration of
Covenants, Conditions, Restrictions, Easements &
Building Guidelines (this “Declaration”)
is made this 18th day of September
2007, by Waterside Limited, a Belize corporation
(“Declarant”).
Part One
Introduction to the Community
Declarant, as the developer of Waterside (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 residential,
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 Waterside
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 Waterside Community Association Limited, as
they may be amended from time to time. A copy of
the Articles, as and when filed by Declarant is or
shall be attached hereto as Exhibit B.
2.5 “Assessment” means the
obligation of an Owner to pay a determined or
estimated sum of money, or share thereof, levied
by the Association in accordance with this
Declaration and the Articles and/or Memorandum, in
order to fund the expenses of the Association
incurred on behalf of one or more Owners. As used
in this Declaration and the other Community
Documents, the term “Assessment” includes the
following particular categories of Assessments:
(a) “General Assessment” means
the Assessment levied on all Units subject to
Assessments pursuant to Section 10.4, in order to
fund the Common Expenses for the general benefit
of all Units pursuant to Section 10.1.
(b) “Special Assessment” means an
Assessment levied on all Units subject to
Assessments pursuant to Section 10.6, in order to
fund capital improvements for the benefit all
Units or emergency expenses of the Association
pursuant to Section 10.1.
(c) “Specific Unit Assessment”
means an Assessment levied on one or more, but
fewer than all Units, in order to fund expenses
incurred for the particular benefit of, or because
of the acts or omissions of, the Owner or Owners
of such particular Unit or Units pursuant to
Section 10.7.
(d) “Neighborhood Assessment”
means an Assessment levied against the Units in a
particular Neighborhood, or Neighborhoods to fund
Neighborhood Expenses, as more particularly
described in Section 10.6.
2.6 “Association” means Waterside
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 Waterside
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, 2017; 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
Waterside as recorded in the Public Records of
Belize, and as it may be amended from time to
time. This Declaration creates obligations that
are binding upon Declarant, the Association and
all present and future Owners. The Declaration may
also be referred to and/or known as Building
Guidelines or Eco-Guidelines.
2.20 “Entity” means any
corporation, partnership, limited liability
company, or any other legally created and validly
existing entity.
2.21 “Home” means the permanent
improvements constructed within a Unit or Homesite
for the purposes of providing a single-family
residential dwelling to the Owner and/or other
occupants of such Home.
2.22 “Limited Common Area” means a
portion of the Common Area set aside for the
exclusive use and primary benefit of one or more,
but less than all, Owners or Neighborhoods, as the
case may be, as more particularly described in
Article XIII.
2.23 “Master Plan” means the land
use plan for the development of the Community
prepared by Declarant, and approved or to be
approved by the Government of Belize, including,
for example, the Ministry of Natural Resources,
and as it may be amended from time to time. The
Master Plan includes all of the land described in
Exhibit A.
2.24 “Member” means a Person or
Entity subject to mandatory membership in the
Association pursuant to Section 8.2. Pursuant to
Section 8.3, there shall initially be two classes
of Members: (a) the “Class ‘A’ Members,”
who shall include all Owners other than Declarant;
and (b) the “Class ‘B’ Member,” or
Declarant.
2.25 “Memorandum of Association”
means the Memorandum of Association of Waterside
Community Association Limited, as it may be
amended from time to time. A copy of the
Memorandum of Association, as adopted by Declarant,
is attached to this Declaration as Exhibit C.
2.26 “Neighborhood” means a group
of Units designated, pursuant to Section 8.5, as a
separate “Neighborhood” within the Community for
one or more of the following purposes: sharing the
use and enjoyment of a designated Limited Common
Area; or receiving other benefits or services from
the Association that are not provided to all
Units; or electing Voting Members. A Neighborhood
may be comprised of more than one type of Home,
and may include non-contiguous parcels of land.
If the Association provides benefits or services
to fewer than all Units within a particular
Neighborhood, then the benefited Units shall
constitute a sub-Neighborhood for purposes of
determining and levying Neighborhood Assessments
for such benefits or services. Where the context
permits or requires, the term Neighborhood shall
also refer to the Neighborhood Committee, as
established in accordance with the Articles and/or
Memorandum of Association, or the Neighborhood
Association, if any, having concurrent
jurisdiction over the land within the
Neighborhood. Neighborhood boundaries may be
established and modified as provided in Section
8.5.
2.27 “Neighborhood Association”
means a strata-title association and/or other
property owners association, if any, having
jurisdiction over any Neighborhood concurrent
with, but subordinate to, the jurisdiction of the
Association. Nothing in this Declaration shall be
construed to require the creation of any
Neighborhood Association.
2.28 “Neighborhood Expenses” means
the actual and estimated expenses, which the
Association incurs or expects to incur for the
benefit of the Owners of the Units within a
particular Neighborhood or Neighborhoods.
Neighborhood Expenses may include a reasonable
Reserve for capital repairs and replacements, and
a reasonable administrative charge, as may be
authorized pursuant to this Declaration or in the
Supplemental Declaration applicable to such
Neighborhood or Neighborhoods.
2.29 “Officer” means one of the
Persons selected by the Board of Directors, in
accordance with the Articles and/or Memorandum of
Association, to administer the day-to-day affairs
of the Association.
2.30 “Owner” means, collectively,
the Persons or Persons who, and/or the Entity or
Entities that, hold record fee-simple title to any
Unit, but excludes any Person or Entity that holds
an interest in a Unit merely as security for the
performance of an obligation. The present holder
of a record life estate in any Unit shall be
deemed to be the Owner of such Unit during the
term of the life estate. If a Unit is sold under
a recorded installment land sales contract,
contract for deed or similar contractual
arrangement, and such contract specifically so
provides, the contract purchaser (rather than the
fee owner) shall be considered the Owner.
2.31 “Person” means a natural
person, including a trustee or other fiduciary
acting on behalf of a Person or Persons who are
the beneficiaries or equitable owners under a
trust or similar arrangement.
2.32 “Plat” means the recorded
subdivision plat (or plats), approved by the
Government of Belize, that subdivides the land
subject to this Declaration and thereby creates
the Units, Common Area, and Public Streets within
the Community. The Plat may set forth
restrictions, easements or other provisions in
addition to those set forth in this Declaration.
As used in this Declaration, the term “Plat” may
include a recorded strata plot plan creating
strata title units within the Community.
2.33 “Public Streets” means and
includes those streets and roads, as set forth on
the Plat and/or Master Plan, as well as related
improvements, constructed or installed within the
rights-of-way dedicated to the Government of
Belize.
2.34 The uncapitalized terms “record,”
“recording,” and “recorded,” as used
in this Declaration and the other Community
Documents, shall refer to the filing of a legal
instrument, executed with all of the formalities
required of a deed, in the Public Records of
Belize, or such other records of the Government of
Belize as may be designated as the appropriate
location for the recording of subdivision plats
and similar documents affecting title to real
estate, as applicable.
2.35 “Reserves” means those funds
set aside and reserved for capital repair and
replacements of the improvements constructed or
installed within the Common Area and the Area of
Common Responsibility (to the extent that the
Association has assumed or been assigned the
responsibility for such repairs and replacements
to the improvements within the Area of Common
Responsibility).
2.36 “Resolution” means a
resolution duly adopted by the Board of Directors,
at any time and from time to time, in accordance
with this Declaration, the Articles of Association
and the Memorandum of Association. A Resolution
of general application may establish policies and
procedures for the internal governance and
activities of the Association, regulate the
operation and use of the Common Area, or amend,
replace or repeal any Resolution previously
adopted.
2.37 “Rules & Regulations” (or the
“Rules”) means the Rules & Regulations of the
Community, as they may be amended from time to
time pursuant to Article IV. The Rules regulate
the use of the Units, the Common Area and the Area
of Common Responsibility in the interests of the
health, safety and welfare of the Owners. A copy
of the initial Rules & Regulations, as promulgated
by Declarant, is attached hereto as Exhibit
D.
2.38 “Supplemental Declaration”
means an instrument recorded in the public records
of Belize, which may grant or declare easements,
and impose additional obligations or restrictions
upon the Community; or designate Neighborhoods,
and may also refer to an instrument executed and
recorded by Declarant to designate Voting Groups
pursuant to Section 8.5(c).
2.39 “Unit” means a portion of the
Community, whether improved or unimproved, which
may be separately owned and is intended for
development, use and occupancy as an attached or
detached residence for a single family. The term
shall include the land, if any, which is part of
the Unit as well as any improvements constructed
or installed thereon. In the case of a
strata-title unit such as a condominium,
townhouse, carriage-home, or similar structure
containing multiple dwellings, each dwelling shall
be deemed to be a separate Unit.
Units may be combined or further subdivided, and
boundary lines of Units may be changed, only by
the recording of a Plat or other legal instrument
further subdividing or re-subdividing the parcel
of property (which subdivision shall be subject to
such other restrictions as may be set forth in
this Declaration or rules of the Association).
Absent the recording of such a plat or other legal
instrument, ownership of adjacent Units by the
same Owner shall not permit such Units to be
treated as a single Unit for purposes of voting
and Assessments, notwithstanding that such Units
may be improved by constructing a single dwelling
thereon. Notwithstanding anything contained
herein to the contrary, only the Declarant or its
approved designees may subdivide a parcel or Unit.
2.40 “Voting Group” means one or
more Voting Members who vote on a common slate for
election of the Directors, as more particularly
described in Section 8.5(c), or, if the context so
indicates, the group of Members whose Units are
represented by such Voting Members.
2.41 “Voting Member” means the
representative selected by the Class “A” Members
within each Neighborhood pursuant to Section
8.5(b) to cast the Class “A” votes attributable to
their Units on all matters requiring a vote of the
membership (except as otherwise specifically
provided in this Declaration and in the Articles
and/or Memorandum of Association). The term
“Voting Member” shall also refer to alternate
Voting Members acting in the absence of the Voting
Member and any Owners authorized personally to
cast the votes for their respective Units pursuant
to Section 8.5(b).
Part Two
Creation & Maintenance of Community-Wide Standards
This
Declaration declares certain restrictions
regarding conduct, use, maintenance, architecture,
landscaping and other matters within the
Community, and establishes procedures for
adopting, modifying, applying, and enforcing such
standards while providing the flexibility for the
Community-Wide Standards to evolve as the
Community changes and grows over time. The
Community-Wide Standards for conduct, use,
maintenance, architecture, landscaping and other
matters within the Community are what embodies the
Community’s identity and makes it a place that
people want to call “home,” and every Owner and
occupant of a Unit may take pride in upholding
such standards and in the results of that common
effort.
Article III
Use & Conduct Restrictions
3.1 Imposition of Covenants Regarding
Use & Conduct. Declarant, for itself and for
its successors-in-title to all land within the
Community, hereby covenants and agrees that such
land shall be subject to the restrictive covenants
regarding the use of land and the conduct of
Persons or Entities set forth in this Article III,
as well as the Rules & Regulations adopted
pursuant hereto, and hereby declares that the
Association is authorized to enforce such
covenants and Rules pursuant to this Declaration
and the other Community Documents. Every Owner of
land within the Community, by its acceptance of a
deed or other instrument conveying title to such
land, shall be deemed to have covenanted and
agreed to comply with such covenants and Rules or
the sanctions imposed by the Association for
failure to comply therewith.
3.2 Residential Use. No one may
use any Unit for any purpose other than the
construction and occupation of an attached or
detached Home, except as otherwise expressly
provided in this Declaration. No bars, nightclubs
or commercial establishments, with the exception
of a bed and breakfast, will be allowed within
this subdivision development without the prior
written approval of the Department of the
Environment and the Declarant or, when applicable,
the Association.
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.
(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.
(e) Recreational Vehicles, Etc.
No one may park any recreational vehicle,
including, without limitation, travel trailers,
mobile homes, towed campers, trucks with mounted
campers, and all similar vehicles, anywhere within
the Community; provided, however, that the Owner
or other occupant of a Unit may park a
recreational vehicle on the driveway of a Unit for
no more than a fourteen (14) consecutive day
period but only if a Home is fully constructed on
said Unit, exclusively for the purposes of loading
and unloading such vehicle. No one may sleep or
otherwise reside in a recreational vehicle while
it is present within or upon a Unit.
(f) Boats & Other Watercraft.
No one may park any boat or other watercraft or
their trailers anywhere within the Community,
except that the Owner or other occupant of a Unit
may park a boat or other watercraft and its
trailer completely within such Unit’s garage or
carport. No one may sleep or otherwise reside in
a boat or other watercraft while it is present
within or upon a Unit.
(g) Vehicle Maintenance & Repairs.
No one may perform vehicle maintenance or repairs
anywhere within the Community, except that the
Owner or other occupant of a Unit may perform such
maintenance or repairs within such Unit’s garage
or carport, after taking necessary and appropriate
precautions for ventilation.
The Association may
adopt Rules & Regulations that further regulate
vehicle parking, or that provide temporary
exceptions for vehicle parking for special
occasions (such as parties, receptions and other
short-term social functions); provided, however,
that the Association shall make no exception for
overnight parking within the right of way of any
of the Public Streets. The Board of Directors, or
its designee, may cause any vehicle that is parked
in violation of this Section 3.3, or the Rules
adopted pursuant hereto, to be towed and removed
from the Community, all at the Owner’s or
occupant’s cost and expense.
3.4 Use of Motorized Vehicles within
Common Area. No one may park or operate a
motorized vehicle on the pathways or trails owned
or maintained by the Association.
3.5 Storage of Flammable Fuels, Etc.
Except on those Units designated Commercial Units,
no one may store gasoline, heating oil, or other
flammable fuels or liquids within the Community;
provided, however, that the Owner or occupants of
a Unit may store a reasonable amount of fuel
within the garage of the Unit for emergency
purposes and the operation of gas grills, lawn
mowers and similar tools or equipment, not to
exceed five (5) gallons. The Association may
store fuel for the operation of maintenance
vehicles, generators, and similar equipment. This
covenant shall not apply to any underground fuel
storage tank authorized pursuant to Article IV.
3.6 Pets & Other Animals.
Owner(s) or other occupants of a Unit may keep a
reasonable number of dogs, cats, horses, or other
usual and common household pets within such Unit.
No one shall permit any pet, animal, or livestock
to roam free, make objectionable noise, or
endanger the health or safety of, or constitute a
nuisance or inconvenience to, the Owners or other
occupants of other Units. Any pet that violates
this Section 3.6, in the sole discretion of the
Board of Directors, shall be removed from the Unit
and the Community upon the Board’s request. If
the owner of such pet fails to honor such request,
the Board may cause the pet to be removed from the
Unit and the Community, and all costs and expenses
of such removal shall be the responsibility of the
Unit Owner. Pet owners shall keep their dogs on a
leash, or otherwise confined in a manner
acceptable to the Board, whenever their dogs are
present outside their Homes. All pets shall be
registered, licensed and inoculated as required by
applicable laws, codes and ordinances. The
Association may adopt Rules & Regulations that
further regulate the keeping of pets within the
Community, including, but not limited to, the
restriction of the number of animals that may be
kept within a Unit, the prohibition of certain
species or breeds, and the regulation or
prohibition of pet activities within the Common
Area.
Every pet owner shall be strictly responsible for
the behavior of such owner’s pet, including, for
example, any damage to property or injury to
Persons caused by such pet, and shall indemnify,
defend and hold Declarant, the Association and
every other Owner or occupant of a Unit completely
free and harmless from and against any and all
damage or injury caused by such pet.
3.7 Compliance with Applicable Laws,
Etc. No one shall engage in any activity
within the Community that violates any applicable
law, ordinance or regulation of Belize, as they
may be amended from time to time; provided,
however, that the Association shall have no
obligation to enforce any such law, ordinance or
regulation in the event of a violation.
3.8 Foul or Obnoxious Odors. No
one shall engage in any activity within the
Community that emits foul or obnoxious odors or
creates noise or other conditions, which tends to
disturb the peace or threaten the safety of the
Owners or other occupants of other Units. The
Association may adopt Rules & Regulations that
further regulate such activities that tend to
cause foul or obnoxious odors, including, but not
limited to, further restricting or prohibiting
certain specified activities.
3.9 Loud or Obnoxious Noises. No
one shall use or discharge any radio, loudspeaker,
horn, whistle, bell, or other sound device so as
to be audible to the Owners or other occupants of
other Units, except alarm devices used exclusively
for security purposes. The Association may adopt
Rules & Regulations that further regulate such
activities that tend to cause loud or obnoxious
noises, including, but not limited to, further
restricting or prohibiting certain specified
activities. Construction of buildings will be
limited to normal working hours (8:00 am - 6:00
pm, Monday through Friday, 10:00 am 6:00 pm
Saturday and Sunday), to avoid/reduce any possible
nuisance to neighboring Unit Owners.
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, lagoons, 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.
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. Notwithstanding any of the
above, Units designated as Residential may operate
a “Bed and Breakfast” establishment, so long as
the owners of said operation remain in compliance
with i-v, above, and other rules and regulations
as designated in this Declaration. During the
Declarant Control Period, no Owner or Resident,
nor any individual on any Unit or Lot, may engage
in any form of advertisement, or sale, or
brokering for sale, of any real estate, land, or
property. No bars, nightclubs or commercial
establishments, with the exception of a bed and
breakfast, will be allowed within this subdivision
development without the prior written approval of
the Department of the Environment and the
Declarant.
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
Rules & Regulations
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
Articles and/or 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 XIX, or to any
other articles, sections or subsections which may
affect the enforcement or amendment of the
Declaration.
Article V
Architectural, Building Guidelines & Landscaping
Restrictions
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. In addition to
anything else in this Declaration, construction of
residential buildings shall be carried out in
accordance to the standards/requirements of the
Central Building Authority.
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.
In the event that
burning is required, it shall only be undertaken
at locations that shall not present a danger to
wildlife or forested areas and where it shall not
result in the pollution/contamination of the
surrounding environment, or where it shall not
unduly interfere with the right and enjoyment of
other Owners, nor detract from nor cause a
nuisance to the community in general. Burning
shall be limited to dried leaves, brambles etc.
No burning of man-made materials such as plastics
shall be allowed.
All burning shall be
done at a minimum of 100 feet (where possible)
from standing timber or flammable growth and all
fires shall be under constant surveillance until
they have burnt out or have been extinguished.
Individuals guarding fires shall be instructed
about the use of equipment and methods of
controlling fires.
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, 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 odors, or the existence
of which is in any way noxious, dangerous,
unsightly, unpleasant, or of a nature that may
diminish or destroy the enjoyment of the
Community.
5.9 Nuisances, Etc. No one may
construct or install any architectural or
landscaping element that, in the reasonable
determination of the Board of Directors, tends to
cause embarrassment, discomfort, annoyance, or
nuisance to the Owners or occupants of other
Units.
5.10 Fences, Walls, Etc. No one
may construct or install any fence, exterior wall,
hedge or similar barrier without prior written
approval of the ARB pursuant to this Article V.
Declarant, the Board of Directors, or the
Architectural Review Board, as applicable, may
adopt Architectural Guidelines that further
regulate fences and other barriers, including, but
not limited to, prescribing or prohibiting certain
types or styles of fences or other barriers,
restricting the location of such fences or other
barriers to certain areas of a Unit, and providing
for exceptions from otherwise required placement
based upon topography, location or other
characteristics of a particular Unit.
5.11 Drainage. No one may obstruct
or re-channel drainage flows after the location
and installation of drainage swales, catch basins,
storm sewers, storm drains and similar
improvements; provided, however, that Declarant
and the Association shall have such right provided
that the exercise of such right shall not
materially diminish the value of or unreasonably
interfere with the use of any Unit without the
consent of the Owner of such affected Unit.
Walkways, footpaths and drainage structures shall
be of adequate size, dimensions and alignment to
avoid water logging and constructed in such a way
so as to minimize potential erosion. Household or
building drainage pipes will not be allowed to
empty directly into any water body nor the Belize
River and any other water resource and surrounding
environs. These pipes shall lead to adequately
designed soak-a-way/leach fields. In addition to
any other requirements in this declaration, all
drainage along walkways must be of adequate size,
dimensions and alignment to avoid water logging
and excessive erosion.
5.12 Exterior Antennas, Etc. No
one may construct or install any satellite dish,
antenna or similar structure within a Unit without
first obtaining the ARB’s express written approval
pursuant to Article VI; provided, however, that a
Unit Owner may, without obtaining such approval,
construct or install: (i) an antenna or satellite
dish designed to receive direct broadcast
satellite services, including direct-to-home
satellite services, that is 1.5 meters or less in
diameter or diagonal measurement; (ii) an antenna
designed to receive video programming services via
multi-point distribution services, including, for
example, multi-channel, multi-point distribution
services, instructional television fixed services,
and local multi-point distribution services, that
is 1.5 meters or less in diameter or diagonal
measurement; or (iii) an antenna designed to
receive television broadcast signals that is 1.5
meters or less in height, diameter or diagonal
measurement. Declarant and the Association shall
have the right, but not the obligation, to erect
an aerial, satellite dish, or other apparatus for
a master antenna, cable, or other communication
system for the benefit of all or a portion of the
Community in which case Unit Owner’s may not be
permitted to install the items in subparagraphs (i)-(iii)
herein.
5.13 Dilapidated Structures, Etc.
No one may retain any structure, fixture,
equipment, accessory or other items on the
exterior portions of a Unit that have become
rusty, dilapidated, or otherwise fallen into a
state of disrepair. If the Unit Owner fails to
repair, refurbish, demolish or remove such
dilapidated structure, as requested by the
Declarant, during the Declarant Control Period, or
the Association thereafter, the Declarant, during
the Declarant Control Period and/or the
Association, may demolish and/or remove such
structure and assess the such Unit Owner for the
costs thereof plus an administrative charge equal
to fifteen percent (15%) of such demolition and
removal costs. Entrance onto such Units shall not
be considered a trespass and the demolition and
removal of such property shall not be considered
conversion or theft.
5.14 Irrigation. No one may
install or use a sprinkler or irrigation system,
which draws upon water from the rivers, lagoons,
or other ground or surface waters within the
Community; provided, however, that Declarant and
the Association (and their respective successors
and assigns) shall have the right to draw water
from such sources or approve others to make such
use or uses.
5.15 Miscellaneous Exterior Accessories.
No one may construct, install, place or modify any
structure, fixture, equipment or exterior
accessory, permanently or temporarily, on any
improved or unimproved exterior portion of a Unit,
without first obtaining written approval of the
ARB pursuant to Article VI. This shall include,
without limitation, the construction,
installation, placement or modification of any
sign, basketball backboards and hoops, swing sets,
or other sports or play equipment; clotheslines;
garbage cans; woodpiles; in-ground or above-ground
swimming pools; decks, patios, terraces or similar
structures; and dog runs or animal houses or pens
of any kind. No Unit Owner whose Unit fronts the
rivers, lagoons, or other bodies of water, may
construct or cause to be constructed a pier, dock
or similar structure unless approved in writing by
the ARB, and approved by the appropriate Belize
governmental agency(ies).
5.16 Relationship to Guidelines & Rules.
Declarant, the Board of Directors, or the ARB, as
applicable, may adopt Architectural Guidelines
that further regulate the construction,
installation, placement, or modification of any
architectural or landscaping element, including,
but not limited to, prescribing permitted
locations and/or architectural screening for such
elements, permitting some while prohibiting other
elements, or imposing conditions or restrictions
for such elements. Declarant or the Board of
Directors, as applicable, may adopt Rules &
Regulations that further regulate the use of such
elements after their construction, installation or
placement.
5.17 Community Systems. “Community
Systems” shall mean and refer to any and all cable
television, telecommunication (including, for
example, telephone), data transfer systems, energy
systems, alarm/monitoring or other lines,
conduits, wires, amplifiers, towers, antennae
equipment, materials, installations and fixtures
(including, for example, those based on,
containing or serving future technological
advances not now known) installed by or at the
request of Declarant or pursuant to any grant of
easement or authority by Declarant within the
Community and serving more than one Unit.
Declarant shall have the right, but not the
obligation, to convey, transfer, sell or assign
all or any portion of the Community Systems
located or to be located, if ever, within the
Community, or all or any portion of the rights,
duties, or libations with respect thereto to the
Association or any other Person, including for
example, an Owner, as to any portion of the
Community System located on/in his or her Unit).
If and when any of the aforesaid Persons receives
such a conveyance, sale, transfer or assignment,
such entity shall automatically be deemed vested
with such rights of Declarant with regard thereto
as are assigned by Declarant in connection
therewith; provided, however, that if the
Association is the applicable Person, then any
Community Systems or portions thereof shall be
deemed to be Common Areas unless otherwise
provided by the Declarant. Any conveyance,
transfer, sale or assignment made by Declarant
pursuant to this Section (i) may be made with or
without consideration; (ii) shall not require the
consent or approval of the Association or any
Owner; and (iii) if made to the Association, shall
be deemed to have been automatically accepted
(with all rights, duties, obligations and
liabilities with respect thereto being deemed to
have been automatically assumed).
In recognition of the intended increased
effectiveness and potentially decreased
installation and maintenance costs and user fees
arising from the connection of all Units in the
Community to the applicable Community Systems,
each Owner and occupant of a Unit shall by virtue
of the acceptance of the deed or other right of
occupancy thereof, be deemed to have consented to
and ratified any and all agreements to which the
Association is a party, which is based upon (in
terms of pricing structure or otherwise) a
requirement that all Parcels be so connected. The
foregoing shall not, however, prohibit the
Association from making exceptions to any such one
hundred percent (100%) use requirement in its
reasonable discretion.
5.18 Clearing
of Land and Effects on Wildlife.
In an effort to mitigate the negative impacts
associated with clearance of land (habitat loss
and decrease in wildlife), the following measures
shall be taken: (i) For residential parcels, only
enough vegetation shall be cleared for the laying
of necessary infrastructure. Selective clearing
shall be planned around large existing trees for
landscaping of parcels. (ii) Native plants, along
with other horticultural plants will be utilized
in landscaping and replanting, particularly in
areas devoid of trees, wherever practical. (iii)
All vegetation along the perimeter of Belize River
and any water-body located on or bordering the
property shall be maintained in its natural state.
While reasonable trimming and landscaping is
permissible, no excavation, removal of, or killing
of vegetation or trees, shall be permitted. A
sixty-six foot (66) reserve shall be left between
the edge of any permanent water body and a Lot or
Unit, for use as a public reserve. No permanent
structures will be allowed within this reserve.
(iv) Survey and development are to be done in
accordance with alterations and requirements as
requested by the Land Utilization Authority.
5.19 Cultural
and Social Issues.
All natural features of national significance
within the property (i.e. caves/sinkhole, mounds,
plaza groups, valuable or endangered flora) will
not be altered during or after
construction of the
entire development. Should any find be made or
uncovered during construction, it shall be
reported to the Institute of Archaeology or the
Forest Department, respectively and work or
construction in the immediate area will ceases
until the Declarant or Association presents to the
DOE evidence that approval has been granted by the
relevant agency to resume its activities. The
vegetation canopy at the project site is used from
time to time by the endangered species. All
vegetation forming part of the canopy that is not
in direct site where a building is to be built
will be kept in its natural state. In addition,
vegetation at the remaining parcels will be kept
in its natural state as much as possible by
thinning and limiting vegetation clearance to the
extent possible. As long as there are qualified
and available Belizean workers, no labor force
shall be imported. If this labor force is not
sufficient, then only resident aliens with a valid
work permit shall be employed. All safety and
occupational health measures shall be observed for
workers. Potable water and proper rest-room
facilities shall be provided during the
construction phase, if applicable.
Article VI
Architectural Review & Guidelines
6.1 Approval of Improvements Required.
No one may place, construct, or install any
structure or other improvement within a Unit, nor
begin the construction or installation of any
improvements or other related work (including
staking, clearing, excavation, grading and other
site work, exterior alterations of existing
improvements, or planting or removal of
landscaping), within the Community, except in
compliance with this Article VI and the
Architectural Guidelines. No approval shall be
required to repaint the exterior of a structure in
accordance with the originally approved color
scheme or to rebuild in accordance with the
original plans and specifications, as previously
approved. The Owner of a Unit may remodel,
repaint or redecorate the interior of the Home
within such Unit without approval of the ARB;
provided, however, that any modifications to the
interior of screened porches, patios, and similar
portions of a Home that are visible from the
exterior shall be subject to approval by the ARB.
All Homes and other permanent improvements
constructed or installed within the Community
shall be designed by, and built in accordance with
the plans and specifications of a residential
designer or architect, unless Declarant, or its
designee, otherwise approves such plans and
specifications in its sole discretion. This
Article shall not apply to the activities of
Declarant, or to the activities of the Association
during the Declarant Control Period.
6.2 Architectural Review by Declarant.
Each Owner, by accepting a deed or other
instrument conveying any interest in a Unit or any
other portion of the Community, acknowledges that
Declarant, as the developer of the Community and
as an Owner of Units as well as other land within
the immediate vicinity of the Community, has a
substantial interest in ensuring that the Homes
and other permanent improvements constructed or
installed within the Community enhance Declarant’s
reputation as a developer and do not impair
Declarant’s ability to market, sell, or lease its
Units or its property elsewhere. Accordingly,
each Owner shall be deemed to have covenanted and
agreed that no activity within the scope of this
Article VI shall be commenced within such Owner’s
Unit unless and until Declarant, or a Person or
Entity appointed by Declarant, has given its prior
written approval for such activity, which approval
may be granted or withheld in Declarant’s or its
designee’s sole discretion. In reviewing and
acting upon any request for approval, Declarant or
its designee shall be acting solely in Declarant’s
interest and shall owe no duty to any other Person
or Entity. Declarant’s rights reserved under this
Article VI shall continue so long as Declarant
owns any Unit or any other portion of the
Community, unless Declarant earlier terminates
such rights in a recorded instrument. Declarant
may, in its sole discretion, appoint one or more
Persons or Entities, from time to time, to act on
Declarant’s behalf in reviewing applications
pursuant to this Section 6.2. Declarant may, from
time to time, but shall not be obligated to,
delegate all or a portion of its reserved rights
under this Article VI to: (i) an Architectural
Review Board appointed by the Board of Directors;
or (ii) a committee comprised of architects,
engineers or other Persons, who may or may not be
Members. Any such delegation shall be in writing,
shall specify the scope of responsibilities
delegated, and shall be subject to: (i)
Declarant’s right to revoke such delegation at any
time and re-assume jurisdiction over the matters
previously delegated; and (ii) Declarant’s right
to veto any decision which Declarant determines,
in its sole discretion, to be inappropriate or
inadvisable for any reason. So long as Declarant
has any rights under this Article VI, the
jurisdiction of the Architectural Review Board or
the Board shall be limited to such matters as
Declarant specifically delegates to them. For
purposes of this Article VI, the entity having
jurisdiction in a particular case shall be
referred to as the “Reviewer.”
6.3 Review by Architectural Review
Board. Upon delegation by Declarant or upon
expiration or termination of Declarant’s rights
under this Article VI, the Association, acting
through the Architectural Review Board, shall
assume jurisdiction over architectural review
matters. The members of the ARB, when appointed
by the Board of Directors, shall consist of at
least three (3), but not more than seven (7)
Persons who shall serve and may be removed and
replaced at the pleasure of the Board in its sole
discretion. The members of the ARB need not be
Members or representatives of Members, and may,
but need not, include architects, engineers or
similar design professionals, who may be
compensated in such manner and amount, if any, as
the Board may determine. The Board of Directors
shall include the compensation, if any, of such
design professionals in the Common Expenses stated
in the Association’s annual budget. Unless and
until such time as Declarant delegates all or a
portion of its reserved rights to the Association,
or Declarant’s rights under this Article VI
terminate or expire, the Association shall have no
jurisdiction over architectural review matters
notwithstanding any other provision in this
Declaration to the contrary.
6.4 Architectural Review Fees.
The Reviewer may establish, by a duly adopted rule
of general application, and charge reasonable fees
for the review of applications, and may require
such fees to be paid in full before the review of
any application. Such fees may include the
reasonable costs incurred in having any
application reviewed by architects, engineers or
other professionals. Declarant and the
Association may employ architects, engineers, or
other design professionals as deemed necessary to
perform the review.
6.5 Architectural Guidelines.
Declarant has promulgated the initial
Architectural Guidelines, which are located
herein. Said Guidelines may contain general
provisions applicable to all of the Community, as
well as specific provisions, which vary from
Neighborhood to Neighborhood. The Guidelines are
intended to provide guidance to the Owners and the
approved Builders regarding matters of particular
concern to the Reviewer in considering
applications. The Guidelines are not the
exclusive basis for decisions of the Reviewer, and
compliance with the Guidelines does not guarantee
approval of any application. Declarant shall have
sole and full authority to amend the Guidelines as
long as it owns any portion of the Community,
notwithstanding a delegation of reviewing
authority to the ARB, unless Declarant also
delegates the power to amend the Guidelines to the
ARB. Upon termination or delegation of
Declarant’s right to amend the Guidelines, the ARB
shall have the authority to amend the Guidelines
with the prior written consent of the Board of
Directors. Any amendments to the Guidelines shall
apply prospectively only, and shall not be applied
retroactively to require modifications to or
removal of improvements previously approved after
the approved construction or modification has
commenced. There shall be no limitation on the
scope of amendments to the Guidelines, and such
amendments may remove requirements previously
imposed or otherwise make the Guidelines less
restrictive. The Reviewer shall make the
Guidelines available to the Owners and the
Builders who seek to engage in development or
construction within the Community. Each Unit
Owner agrees to obtain the then current copy of
the Guidelines prior to authorizing any architect,
engineer, or other design professional to commence
any such work with respect to the Unit or a Home
thereon.
6.6 Architectural Review Procedures.
Except as otherwise specifically provided in the
Guidelines, no construction, installation or
modification of improvements shall commence
anywhere within the Community until an application
for review has been submitted to and approved by
the Reviewer. Such application shall at the
request of the ARB include plans and
specifications showing site layout, structural
design, exterior elevations, exterior materials
and colors, landscaping, drainage, exterior
lighting, irrigation, and other features of the
proposed improvements, as applicable. The
Guidelines and the Reviewer may require the
submission of such additional information as may
be reasonably necessary to consider any
application. In reviewing each application, the
Reviewer may consider any factors it deems
relevant, including, without limitation, the
harmony of the external design with the
surrounding structures and environment. The
Reviewer may base its decisions on purely
aesthetic considerations. Determinations as to
such matters may be purely subjective, and
opinions may vary as to the desirability or
attractiveness of particular improvements. The
Reviewer shall have the sole discretion to make
final, conclusive and binding determinations on
matters of aesthetic judgment, and such
determinations shall not be subject to review so
long as they are made in good faith and in
accordance with the procedures set forth herein.
6.7 Time & Notice of Decisions.
Except as otherwise provided below, the Reviewer
shall make a decision regarding each application
within thirty (30) days after receipt of a
completed application and all required
information. The Reviewer may: (a) approve the
application, with or without conditions; (b)
approve a portion of the application and
disapprove other portions; or (c) disapprove the
application in its entirety. Until termination or
expiration of Declarant’s rights under this
Article VI, the Reviewer shall notify Declarant in
writing within seven (7) days after the Reviewer
has approved any application or portion thereof
within the scope of matters delegated to the ARB
by Declarant. A copy of the application and any
additional information that Declarant may require
shall accompany the notice. Declarant shall have
fifteen (15) days after receipt of such notice
along with the complete application to veto any
such action or portion thereof, in its sole
discretion, by written notice to the Reviewer.
The Reviewer shall notify the applicant in writing
or electronically of the final determination on
any application within seven (7) days thereafter
or, with respect to any determination by the
Reviewer, subject to Declarant’s veto right,
within seven (7) days after the earlier of: (x)
receipt of notice of Declarant’s veto or waiver
thereof; or (y) expiration of the fifteen-day
period for the exercise of Declarant’s veto. In
the case of disapproval, the Reviewer may, but
shall not be obligated to, specify the reasons for
any objections or offer suggestions for curing any
objections. In the event that the Reviewer fails
to respond in a timely manner, approval shall be
deemed to have been given, subject to Declarant’s
right to veto any approval pursuant to this
Section 6.7. However, no approval, whether
expressly granted or deemed granted, shall be
inconsistent with the Guidelines unless a written
variance has been granted pursuant to Section
6.10. The Reviewer shall provide notices of its
decisions in accordance with Section 20.14.
6.8 Construction to be Diligently
Pursued. If an Owner or Builder does not
commence construction, installation or
modification of improvements within one (1) year
after the date of approval, such approval shall be
deemed withdrawn, and the Owner or Builder shall
re-apply for approval before commencing any
construction, installation or modification of
improvements upon any Unit or Home. Once an Owner
or Builder has commenced construction,
installation or modification of improvements on a
Unit, such Owner or Builder shall diligently
pursue the project to completion. The Owner or
Builder shall complete all work within one (1)
year from the date of commencement, unless
otherwise specified in the notice of approval, or
unless the Reviewer grants an extension in writing
or electronically, which the Reviewer may do in
its sole discretion. If the Owner or Builder does
not complete the project within the required time,
the incomplete work shall be deemed to be
non-conforming and shall be subject to enforcement
action by Declarant, the Association or any
aggrieved Owner.
6.9 No Waiver of Future Approvals.
The Persons reviewing applications under this
Article will change from time to time, and
opinions regarding aesthetic matters, as well as
the interpretation and application of the
Architectural Guidelines, may vary accordingly.
In addition, the Reviewer may not always be able
to identify objectionable features until the
construction of a Home is substantially completed,
in which case it may be unreasonable to require
changes to the improvements involved, but the
Reviewer may refuse to approve similar proposals
in the future. Approval of applications or plans,
or in connection with any other matter requiring
approval, shall not be deemed to constitute a
waiver of the right to withhold approval as to any
similar applications, plans, or other matters
subsequently or additionally submitted for
approval.
6.10 Variances. The Reviewer may,
from time to time, authorize variances from
compliance with any of the Architectural
Guidelines when circumstances such as topography,
natural obstructions, hardship, or aesthetic or
environmental considerations require, but only in
accordance with duly adopted policies of general
application. No variance shall: (a) be effective
unless in writing; (b) be contrary to this
Declaration; or (c) preclude the Reviewer from
denying a variance in other circumstances. For
purposes of this Section 6.10, the Owner or
Builder’s inability to obtain the approval of any
governmental agency or the issuance of any permit,
or the terms of any financing shall not be
considered a hardship warranting a variance. If
the Reviewer grants a variance with regard to a
particular Unit, the Owner of the Unit shall be
required to obtain all necessary approvals, and,
if required, all necessary variances, of any
governmental authority having jurisdiction over
the Community, before commencing the construction,
installation or modification of the improvements
within the Unit.
6.11 No Liability for Approved Plans.
The standards and procedures established by this
Article VI, and the Architectural Guidelines
promulgated pursuant hereto are intended to
maintain and enhance the overall aesthetics of the
Community; they do not create any duty to any
Person or Entity. Review and approval of any
application pursuant to this Article VI may be
made solely on the basis of aesthetic
considerations, and the Reviewer shall not bear
any responsibility or liability for ensuring the
structural integrity or soundness of approved
construction, installation or modification of
improvements, nor for ensuring compliance with
building codes and other governmental
requirements, nor for ensuring that all Homes are
of comparable quality, value or size, of similar
design, or aesthetically pleasing or otherwise
acceptable to other Owners. Declarant, the
Association, the Board of Directors, the
Architectural Review Board, or any member of any
of the foregoing shall not be held liable for soil
conditions, drainage or other general site work;
any defects in plans revised or approved
hereunder; any loss or damage arising out of the
action, inaction, integrity, financial condition
or quality of work of any (approved) contractor or
its subcontractors, employees or agents, whether
or not Declarant has approved or featured such
contractor as a Builder in the Community; or any
injury, damages, or loss arising out of the manner
or quality or other circumstances of approved
construction within or modifications to any Unit.
In all matters, the members of the Board and the
ARB shall be indemnified and held harmless by the
Association as provided in Section 6.29.
6.12 Certificate of Architectural
Compliance. Any Owner or Builder may request
that the Association issue a certificate of
architectural compliance certifying that there are
no known violations of this Declaration, the
Architectural Guidelines and the Rules &
Regulations regarding such Owner’s or Builder’s
Unit. The Association shall either grant or deny
such request within fifteen (15) days after
receipt of a written request for same, and may
charge a reasonable administrative fee therefor,
as established in a Resolution of general
application duly adopted by the Board of
Directors, for issuing such certificates.
Issuance of such a certificate shall preclude the
Association from taking enforcement action with
respect to any condition as to which the
Association had actual knowledge or notice as of
the date of such certificate.
6.13
Establishment of the Architectural Review Board (“ARB”)
(a)
Membership. In order to administer and supervise
the enforcement of all the Guidelines set forth
herein below and in order to provide a systematic
and uniform review of all proposed construction
and modifications to existing structures of any
type and nature in the Community, the Board of
Directors shall have promulgated and enacted the
Guidelines herein set forth and do hereby
establish the ARB. Each member of the ARB shall
be a voting member.
(b) ARB’s
Authority. Notwithstanding the issuance of an
approval by the Association or the ARB, the
Association or the ARB shall have the authority to
halt any construction process in the Community
that violates this Declaration or these
Guidelines, as they both may be amended from time
to time. The ARB, with the Declarant’s approval,
may promulgate and distribute construction‑related
rules and regulations and determine and review
policies, procedures and criteria.
6.14
Definitions for ARB Procedures
(a) “Applicant”
means the Person or Entity making the submittal to
the ARB; either the Unit Owner or said Owner’s
agent.
(b)
“Category of Review” means one of the three
organized areas of review criteria, which the
Association hereby delegates to the ARB are as
follows: (i) Survey, (ii) Site Plan, (iii)
Architectural Plans. All items submitted must be
to the ARB, must be organized accordingly, and
must show compliance with all review criteria for
the Category submitted.
(c)
“Final Approval” means a decision by the ARB
that the item(s) reviewed have met all criteria,
standards and requirements for that Category of
Review and the Declarant has not vetoed said
approval. Once the ARB issues a Final Approval
for both the Site Plan and Architectural Plans
Categories and the Declarant veto period expires,
the Applicant shall be authorized to proceed with
the commencement of construction. However, no site
work or other construction activity shall be
permitted for any Category of Review until and
unless the Applicant receives each of the
following: (i) plans stamped Final Approval by the
ARB; (ii) ARB’s decision letter; and (iii) a
building permit from the authorized Belize Central
Building Authority.
(d)
“Conditional Approval” means a decision by the
ARB that the item(s) reviewed meet(s) all criteria
with the exception of a few minor notations. The
ARB has determined, in its sole discretion, that
the item(s) may be revised and resubmitted to the
ARB. No site work or construction activity may
commence on a Unit or modification to a Home or
other improvement or structure until such time as
the Applicant receives plans with an ARB Final
Approval stamp thereon along with the decision
letter from both the ARB and the authorized
official from the authorized Belize Central
Building Authority. Failure to obtain and/or
receive Final Approval within the time period
allotted will result in an official decision of
denial and the Applicant must initiate the process
from the beginning.
(e)
“Denial” means a decision by the ARB and/or
the Declarant that the item(s) reviewed are in
conflict with ARB criteria standards or
insufficient in detailing the appropriate ARB
criteria. Resubmission of revised item(s) will
require the Applicant to pay the ARB a
resubmission fee in the amount prescribed the ARB,
which may be changed at any time and from time to
time without notice.
(f)
“DOE” means the Government of Belize,
Department of the Environment.
(g)
“Table” means a decision by the ARB wherein
the item(s) reviewed by the ARB are not in
conflict with the criteria; however, additional
information must be received either by the ARB or
Applicant in addition to that otherwise required
by the ARB, due to unusual or exceptional
circumstances.
(h)
“Decision Letter” means the letter from the
ARB that details the ARB’s decision regarding any
items reviewed by the ARB.
(i)
“Height” means that distance between the
ground and the highest point of the roof.
(j)
“Lowest Finished First Floor Elevation” means
that elevation of the lowest, habitable finished
floor line.
(k)
“Hardship” means any unusual and extraordinary
circumstances beyond the control of the Applicant
that causes a problem with either the construction
or use of a Home, as determined in the sole and
absolute discretion of the ARB. No Hardship
variance shall modify or amend any provisions of
this Declaration.
(l)
“Privacy Wall” means a wall, of which the
purpose is to provide privacy into a specific Unit
or Home.
(m)
“Accessory Structure” means any man‑made item
or element including, but not limited to:
sculptures, statuary, decorative art objects,
urns, rock gardens, etc.
(n)
“Ground Preparation” means and includes
demolition, starting site preparation, removal or
alteration of landscaping, beginning alterations
to or demolition of existing Homes or Accessory
Structures, new Home construction, or commencing
any work on a Unit prior to ARB approval therefor.
6.15 ARB Meetings. ARB meetings
are held monthly, unless otherwise designated
herein or by the ARB. The ARB Chairperson, as
appointed by the Declarant, chairs such meetings.
A majority of voting ARB members constitutes a
quorum for any ARB meeting. Decisions are based
on a majority vote of those voting members present
at the meeting or voting by proxy. An ARB member
may designate a proxy to act as a temporary member
in his/her place; provided that, the Declarant
approves such designee in advance of the meeting.
6.16
Construction Restrictions. No construction,
demolition or alteration to a Unit, Home or
Accessory Structure or other improvement on a Unit
may be started in any manner or respect,
including, for example, ground preparation, until
the Applicant has received plans stamped Final
Approval by the ARB for the Site Plan and Floor
Plan and Elevations Categories. Construction will
be carried out in accordance to the
standards/requirements of the Central Building
Authority. Said Approvals must be from the
Central Building Authority as well as the ARB. No
other category of work may be commenced without
Final Approval being received by the Applicant,
except for surveying and staking. "Construction"
includes demolition of an existing Home or
improvement and Ground Preparation, as defined
herein, and also includes the alteration or
renovation of an existing Home where fifty percent
(50%) or more of the floor area of the existing
Home or improvement is to be altered, renovated or
added. Reasonable extensions of time may be
granted by the ARB for good cause and the
Applicant will be required to submit a payment of
additional fees for such an extension, as provided
in these Guidelines. If the Unit Owner fails to
comply with the ARB’s instructions relative to
commencement and completion of construction, the
ARB shall, in its discretion, impose fines against
such Unit Owner(s) as provided herein.
Construction of buildings shall be carried out
with the approval from the relevant agencies,
including the Central Building Authority. The
design and construction of buildings shall take
into consideration flooding and hurricanes.
Buildings shall be built to withstand a category
four hurricane force winds.
6.17
Limitation of Liability. The standards and
procedures established pursuant to this Article
are intended to provide a mechanism for
maintaining and enhancing the overall aesthetics
of the Community only, and shall not create any
duty to any Person or Entity. Review and approval
of any Application pursuant to this Article is
made on the basis of aesthetic considerations only
and neither the Declarant, the Association, nor
the ARB or any member thereof shall bear any
responsibility for ensuring the structural
integrity or soundness of approved construction or
modifications, the adequacy of soils or drainage,
nor for ensuring compliance with building codes
and other governmental requirements nor for
ensuring that all Homes are of comparable quality,
value or size, of similar design, or aesthetically
pleasing or otherwise acceptable to neighboring
Unit Owners, or for the performance and work
quality or materials and supplies used by any
contractor, subcontractor, or materialmen or
supplies. Neither the Declarant, the Association,
the Board, or the ARB or any committee, or member
of any of the foregoing shall be held liable for
any injury, damages, or loss arising out of the
manner or quality of approved construction on or
modifications to any Unit, Home and/or Accessory
Structure. In all matters, the committees and
their members shall be defended and indemnified by
the Association as provided herein.
6.18
Easement Releases. Review/approval does not
relieve Applicants of the responsibility to obtain
required releases for any construction in
easements prior to commencement of construction.
6.19 Plan
Preparation. All plans must be professionally
prepared, either by a residential designer or
architect. All plans must be in compliance with
all appropriate government agencies’ guidelines.
6.20 Unit
Use. Subject to the use restrictions
contained herein, the Units designed on the Master
Plan as residential parcels may only be used for
residential or private recreational uses. Units
may also be used as a bed and breakfast where food
and beverages are available for sale and
consumption by guests residing at the bed and
breakfasts.
6.21
Review. The ARB may withhold approval, or
refrain from taking any action of any items for a
Unit if there are existing ARB violations
associated with the Unit, or any other Unit(s)
owned by the Applicant, or if any other items
requested by the ARB pertaining to the Unit, or
other Unit(s) owned by the Applicant, have not
been submitted to and received by the ARB, as
requested.
6.22
Fines. If the ARB notifies a Unit Owner of a
violation of any provision of these Guidelines or
this Declaration, and such violation is not
corrected within thirty (30) days after delivery
of notice in accordance with Section 20.14, then
the ARB may impose a fine against the Unit and the
Unit Owner in an amount up to a maximum of Five
Hundred U.S. Dollars (US$500.00), and said fine
may be re‑imposed every additional sixty (60)
days, or part thereof, that said violation remains
uncorrected. The ARB shall notify the Association
of such fines, and the Board shall have the
authority to levy a Specific Assessment against
such Unit for such fines, including, without
limitation, the filing and foreclosing of a lien
against the Unit.
6.23 Procedure for Submission of an
Application.
(a)
Submission Package. The Submission Package
should include a cover letter from the Applicant,
any appropriate fee and the item(s) for review.
All packages are to be submitted in triplicate
form. Drawings must be submitted in English and
the unit of measurement must be in feet and
inches, not meters and centimeters. Minimum scale
requested for drawings is 3/16” = 1’. There are
three (3) Categories of Review:
(i)
Survey;
(ii) Site
Plan. The Site Plan must show the position of the
improvement or structure or Home on the site with
roof dimensions, setbacks and material
specifications. The Site Plan must also show the
North position.
(iii)
Architectural Plans – including:
(A)
Floor Plan. The Floor Plans must depict the
interior dimensions (net area for each room) and
exterior dimensions of each Home, Accessory
Structure and improvement. The Floor Plans must
also contain a chart, which illustrates or
depicts:
(1) Gross area of
Home, Accessory Structure and/or improvements
(based on outside dimensions).
(2) Sum of
the decking, stair and platform areas and
recreational structures (and all other areas not
considered part of the living area).
(3) Sum of
items above in subsections 6.23(a)(iii)(A)(1) and
6.23(a)(iii)(A)(2).
(B)
Sections. At least one section of the Home,
Accessory Structure or improvement must illustrate
the highest point of such Home, Accessory
Structure and/or improvement with the dimensions
from the ground to top of the roof and material
specifications.
(C)
Elevations. You must submit front and side
elevations.
(D) Roof
Framing System.
(E)
Electrical Plan.
(F)
Plumbing Plan.
(G)
Exterior Colors and Materials.
The
Submission Package for Final Approval must include
the final drawings as intended to be submitted to
the Central Building Authority. Each Submission
Package must include a Review Application and be
complete, (i.e. all criteria pertinent to that
Category of Review must be included or otherwise
referenced, in order to receive Final Approval).
The criteria are detailed further in these
Guidelines in the chapter on "Review Criteria."
All categories of review should be submitted
simultaneously.
(b)
Review Fees. There is a One Hundred U.S.
Dollar (US$100.00) review fee that is required to
be submitted to the ARB along with your submittal,
which includes Preliminary and Final Review for
all review category submissions. The Fee for
revising a previously approved plan is also One
Hundred U.S. Dollars (US$100.00). There is an
additional One Hundred U.S. Dollar (US$100.00) fee
charged to the Applicant for the ARB to review any
submission package that has been previously
denied, in whole or in part, by the ARB.
(c)
Deadline. The ARB must receive the
Applicant’s submission package by no later than
the first day of each month at 11:00 a.m. The
Applicant may consider contacting the ARB for the
times and dates for planned ARB meetings.
(d)
Plan Review. The ARB shall review all
submission packages, if completely submitted,
within thirty (30) days of the ARB’s receipt
unless otherwise requested by the Applicant or as
otherwise specified by the ARB. The ARB’s
response to submission packages may be mailed or
electronically transmitted, upon request. The
ARB’s response consists of one (1) set of
appropriately stamped items and the ARB decision
letter. Applicants are encouraged to submit items
to the ARB in a conceptual or preliminary state
when there are questionable review items, as such
submissions could avoid costly resubmission fees
and/or delays in the review process. There is no
review fee to review conceptual aesthetic design
drawings; however, the Declarant reserves the
right to charge such a fee and to change such fee,
if imposed, at any time and from time to time.
The ARB shall not be obligated to review any
submission until and unless the required fee paid
in good funds subject to no contingencies are
received by the ARB. Any submission to the ARB
without such fees shall be deemed to be incomplete
and not subject to the ARB’s review.
(e)
Revised Plans. Applicants must submit to the
ARB any and all revisions to any Final Approval
item(s) in accordance with and subject to the
above‑described procedures. Revision fee due on
submission of revisions is specified herein.
(f)
Withdrawal. In the event a submission is
deemed incomplete by the ARB in its discretion,
the Applicant may withdraw the submission and,
upon request, the ARB will refund any review fee
received by the ARB.
(g)
Appeal. In the event the Applicant desires to
appeal the partial or complete Denial of an ARB
decision, Applicant may request a re‑review of the
submitted plans. The ARB will re-consider its
decision within thirty (30) days after the next
monthly meeting. If the issue being appealed by
the Applicant is an issue of environmental
significance, the ARB may refer such issue to the
DOE and the DOE’s decision shall be final and
binding upon the Applicant and the ARB. All costs
incurred by the ARB in referring the matter to the
DOE and all costs and fees incurred by the
Applicant relative to appearing before the DOE
shall be borne exclusively by Applicant.
(h)
Remedies. In the event an Applicant
improperly commences construction or site
improvements for any Category of Review or for any
other matter for which Final Approval has not been
granted by the ARB, the ARB may, but shall not be
obligated to, seek any and all remedies at law,
equity or otherwise.
(i)
Completion of Construction; Certification; Survey;
& Inspection. The Home, Accessory Structure
or improvement shall not be used or occupied by
anyone until such time, if ever, as the ARB
receives a notice of completion from the Unit
Owner or his or her agent certifying that all
construction and improvements on a Unit have been
built substantially in accordance with the ARB
approved plans and specifications.
6.24 Utilities, Water, Waste and
Lighting Guidelines
(a)
Utilities
(1) Energy
Plan
(i) The
primary source of energy shall be provided by
means of Belize Electricity Limited’s (BEL) grid
facilities.
(ii) Solar
power may be the primary source or supplementary
source of energy for the Community. Low decibel
generators having sound attenuating devices may be
used for emergency backup power.
(iii) The
use of a gauge is encouraged to monitor available
energy in the battery and to indicate when
batteries are full.
(iv) The
use of a voltmeter is encouraged to allow Unit
Owners to adjust solar panels to the optimum angle
to the sun.
(v) The
use of an occupancy sensor is encouraged to
minimize the use of energy when the Unit is not
occupied.
(vi) For
ventilation and cooling, passive and neutral
techniques should be used.
(vii) If
there is a need for Back-up generators, proper
measures shall be taken in order to avoid fuel and
oil spills, during operation and maintenance, as
well as to ensure that generators are as sound
proof as possible. If these occur accidentally,
they shall be cleaned up as early as possible and
the matter reported to the DOE as soon as
possible.
(viii) The
storage of any fuel (butane, diesel, gasoline,
etc.) where applicable, shall comply with the
guidelines of the Department of the Environment
and the National Fire Service and must have
containment bonds of at least 110% of the total
capacity of the largest tank. Any accidental spill
of oil or fuel will be immediately contained and
cleaned and the matter reported to the Department
of the Environment as early as possible.
(b)
Wells, Water Supply and Collection. Units may
have wells installed, as permitted by the ARB
unless Declarant or its designee constructs a
central water system, which it may, but shall not
be obligated to do, or use cisterns, bladders or
water catchment and holding systems, which store
rainwater collected. Freshwater may be
supplemented by means of rainwater catchment.
Individual property owners are permitted to
construct cisterns for the storage of rainwater.
Should this source be intended for consumption,
individual property owners are advised to
chlorinate and/or filter this rainwater before
use.
Individual property
owners are advised to place rainwater cisterms
away from any sewage treatment system and/or any
other source of waste treatment facility. In
addition, these rainwater cisterns shall be
properly covered at all times to prevent access to
pests and/or other type of contaminating agent.
Potable water will
be available by pumping and treatment of river or
well water.
Consideration shall
be given to the demand for water for fire
protection purposes.
(c)
Waste
(1)
Toilets. Toilets must be low-consumption,
low-volume or low-flush water efficient toilets
used in conjunction with approved multi-chambered
septic tanks. Individual home owners may chose to
install compost toilets or other environmentally
friendly technology, as long as these are
adequately installed and maintained. In an effort
to conserve water, individual property owners will
be advised to utilize exclusively low flush
toilets and other water saving devices for showers
and lavatories.
(2) Gray
water (showers, sinks, etc.). Gray water holding
tanks may be used in conjunction with drip
irrigation systems for the fertilization of local
planting. In an effort to conserve water,
individual property owners will be advised to
utilize exclusively low flush toilets and other
water saving devices for showers and lavatories.
(3) All
Unit Owners shall provide for proper sewage
disposal. Sewage disposal (black water) shall be
by means of adequately sized, properly
constructed, sealed multi-chambered septic tanks,
equipped with adequately designed and constructed
soak-a-way or leach field (depending on the soil
type) that meet Public Health Standards. The
preferred system should be the use of “Rotoplas”
type material that will not allow the contents to
leak. Other systems which may provide equal or
greater level of treatment and protection of the
environment may be used with the prior written
consent of the Development of the Environment.
Special care must be taken in order to avoid
contamination of soil and ground water, and the
surrounding environment.
(4) All
owners of commercial parcels shall provide for
proper sewage disposal. Sewage disposal shall be
by means of small packaged sewage treatment
plants. Other systems which may provide equal or
greater level of treatment and protection of the
environment may be used with the prior written
consent of the Department of the Environment.
(5) No
domestic grey water from any household drainage
pipes will be allowed to drain directly into any
public, natural drainage system and/or any water
body on or near the site. These drainage pipes
shall lead to adequately designed soak-a-way
and/or leach field separate from the ones serving
the septic tanks. Grey water gardens may be
installed for this purpose as the soil type is
conducive to the installation of such systems.
(6)
Regular maintenance of all sewage and wastewater
facilities shall be performed to ensure proper
functioning of the facilities for environmental
and other reasons. Special care must be taken in
order to avoid contamination of the surface and
ground water, and the surrounding environment. In
order for this to take place, the follow measures
shall be taken:
(i) Property owners
shall not dispose of grease and/or oils into any
public and/or natural drains, as this could be a
potential source of soil and water contamination.
Grease traps will be installed on each drainage
pipe.
(ii) Chemical
wastes (such as paints, thinners, acids, etc.)
shall be disposed at a designated site.
(iii) No domestic
gray water from any household drainage pipes shall
be allowed to drain into any public or natural
drainage system. These pipes shall lead to an
appropriate treatment system prior to discharge.
(7) All
hazardous wastes such as batteries, waste/burnt
oil and other chemicals will be separately stored
within a secure area and disposed of in a manner
approved by the DOE.
(8) Unit
Owners are advised/encouraged to practice the
separation of garbage into organic and inorganic,
reusable and non-reusable wastes. Composting of
all biodegradable waste will be considered,
furthermore, garbage collecting receptacles will
be provided at strategic locations through the
entire project to avoid opportunities for
littering. The Declarant and, when applicable, The
Association will coordinate regular services for
the proper collection, storage, transportation and
final disposal of all solid waste generated on the
project site at a designated landfill site
approved by the DOE.
(9)
Residents are encouraged to practice reuse,
recycle and composting of organic wastes.
(d)
Lighting fixtures
(1) Home
lighting may be low or high voltage.
(2)
Building will be designed to allow as much natural
lighting as possible.
(e)
Approval. All utility plans must be submitted
to ARB for approval. (It is recommended that all
consumable goods or products, including but not
limited to bathing products, cleaning solutions,
cleaning products, cleaning supplies, household
paper products and sunscreen be biodegradable.)
6.25
Survey. The ARB reserves the right to request
a survey of any questionable item during
construction of the Home.
6.26 Site
Plan.
(a)
Setbacks. All setbacks shall be subject to
and comply with the covenants, conditions,
restrictions and Guidelines contained herein, and
shall be measured from the appropriate property
line. Dimensions from the property line for any
structural elements (e.g. structures, screened
enclosures, porches, walls, equipment, accessory
structure, garage, etc.) must be shown. The ARB
may modify, amend or waive setback requirements in
accordance with this document.
(1)
Minimum front yard, rear yard and side yard
setback for dwellings, patios, porches, decks,
garages, buildings and screened enclosures is ten
(10) feet.
(2)
Minimum side yard setback for equipment, trash
containers and other similar utilitarian devices
is ten (10) feet. Such items must be landscaped
from view.
(3) No
equipment is permitted in front-, side- or
rear-yard building setback areas.
(4)
Minimum setback for non‑privacy walls and
landscape walls, as described herein, is ten (10)
feet from the front-, side-, rear-property lines
unless otherwise approved by the ARB. The ARB may
change these minimums as deemed suitable.
(b)
Grade Elevations. The site plan must show the
minimum lowest, finished floor elevation.
(c)
Residential and Commercial Graphics. All
signage must be included in the submission package
and approved by the ARB.
(d)
Fences and Walls.
(1) The
design, materials and height of any wall and/or
fence must be shown, either on the site plan or by
separate drawing.
(2)
Privacy walls and fences must not exceed eight (8)
feet in height, except for a privacy wall around a
cistern, which may not exceed fifteen (15) feet.
(3) No
wall or fence may obstruct the drainage or the
flow of water.
(4) Any
combination of landscaping and fence or wall
elements must be approved by the ARB to create an
effect similar to a wall or fence. The
appropriate ARB provisions for wall and fences
will apply in such instance.
(e)
Accessory Dwellings and Structures.
(1) Any
Accessory Structure must be detailed on the site
plan and specifically approved by the ARB.
(2)
Aerials, antennae and satellite dishes may be
installed on a Unit or Home, as approved by ARB;
however, the Declarant reserves the right to
install a community wide system and in such event
all telecommunications shall be run through such
system.
(3) No
Accessory Structures of any kind are permitted in
the Community unless approved by the ARB.
(f)
Swimming Pools, Hot Tubs, Whirlpools, Etc.
(1)
Swimming pools, hot tubs, whirlpools, etc. are
permitted in the Community, as approved by the ARB.
(g)
Recreational Items. Recreational courts such
as basketball, tennis, volleyball, etc. are
permitted within a Unit, as approved by the ARB.
(h)
Garbage and Trash Containers; Sanitary Structures
(1) During
the construction period of a Home or improvement,
a construction container, or other approved
containers are required on the site within the
Unit. Such containers or temporary toilets are to
be located so as to provide minimum visual
off‑site exposure. Construction debris is to be
removed from the Community frequently to avoid
offense or nuisance to neighbors and must be
disposed of at an appropriate disposal site at
Owner’s or Owner’s agent’s sole cost and expense.
(2) A
wall, fence or adequate landscaping must conceal
garbage containers and/or compost bins on Units.
(i)
Utilities. All power transformers and other
utility service equipment are to be shielded by
enclosures of wood, masonry or landscaping, all as
approved by the ARB.
6.27
Architectural Plans.
(a)
Building Size.
(1)
Units. Construction of improvements,
including, for example, structures, covered
porches and associated structures may not have a
footprint that exceeds twenty-five percent (25%)
of the gross parcel square footage (e.g. if the
parcel size is 75' X 135' = 10,125 square feet,
the footprint of the structures, covered porches,
and associated structures may not exceed 2,531.25
square feet). Square footage measurements shall
include the exterior walls. Recreational
structures such as swimming pools, decking,
tennis, basketball and volley courts may have an
additional footprint of 15% plus any unused
portion of the original 25% used for structural
improvements.
e.g. structure
improvements 25%, recreational improvements may
=15%
e.g. structure
improvements 20%, recreational improvements may
=20%
e.g. structure
improvements 15%, recreational improvements may =
25%
(2) Owners
of multiple Units, each contiguous, may construct
a Home using the same calculation as above;
however, multiple parcel square footage may be
combined in the calculation of a single Home’s
total square footage.
(3) There
may be multi-story Homes constructed within the
Community, but such Homes must conform to the
height restrictions listed herein.
(4) Floor
Plan drawings must use a minimum scale of 3/16" =
1'.
(b)
Elevations
(1) The
height of any Home, Accessory Structure,
improvement or commercial improvement is not to be
more than forty (40) feet above the ground. The
appropriate variables for calculating height have
been specified in these Guidelines.
(2)
Elevation drawings must use a minimum scale of
3/16" = 1'.
(c)
Roofs. Roofs may be designed to catch
rainwater with drainage to a cistern or bladder.
Roofs are to be constructed with overhangs to
protect Homes or commercial structures from
mid‑day sun.
(1)
Applicants may install rooftop solar collectors,
as approved by the ARB; engineering drawings,
including reference to ventilators may be used, if
the roof vents are low profile, blending into the
roof materials.
(2)
Plumbing and heating vents protruding from any
roof area are to be painted so as to blend into
the roofing color. Electrically powered
ventilators may be used if the roof vents are low
profile, blending into the roofing materials.
(3) Roof
plan must use a minimum scale of 3/16" = 1'.
(d)
Garages, Carports, Automobiles and Golf Carts.
Garages and carports are permitted.
(e)
Exterior Colors, Materials and Screening.
(1)
Exterior Colors.
(i) All
colors are to be approved by the ARB. The ARB
reserves the right to review any other item that
may affect the exterior appearance of a Home,
Accessory Structure or any other improvement.
(ii) The
ARB will consider the aesthetic harmony of the
color schedule with the surrounding area.
(2)
Exterior Materials.
(i)
Imitation materials for facades are acceptable as
long as they are architecturally integrated with
Home design.
(ii)
Native materials (i.e. trees native to Belize) are
encouraged.
(3) Screen
Enclosures.
(i)
Screen enclosures must be of a color that
harmonizes with the natural scheme or flora.
(ii) All
screen roofs must be of a hip, gable or mansard
type.
(iii) Plans
submitted for screen enclosures must include the
following:
(A) A
complete site plan showing the screen enclosure.
(B) A
complete roof plan of the dwelling showing the
screen enclosure with the configuration of the
screen enclosure frame members in plan.
(C) All
affected exterior elevations of the entire
dwelling showing all the frame members of the
screen enclosure in place.
(f)
Landscaping.
(1) Tree
and Shrub Trimming and Removal. No trees with a
breadth with of seven (7) inches or any standing
tree with canopy will be cut or removed from a
Unit in excess of the amount necessary to clear
the Unit for construction of a structure without
ARB approval.
(2)
Landscape Materials. Final Approval of all
landscape material will be subject to the ARB’s
inspection of the plantings during the six (6)
month period following the completion of the
landscape installation.
(g)
Exterior Lighting. Outdoor lighting must be
located so that it does not interfere with or
become a nuisance to other residents or wildlife.
The light source of any exterior light must be
shielded from public view. The ARB reserves the
right to enforce lighting provisions from
aesthetics and an environmental standpoint after
the construction of a Home is completed.
6.28. ARB
Agreements. Owners, builders and contractors
jointly and individually assume responsibility for
observance and compliance with all applicable
rules, regulations, requirements and agreements
herein contained.
(a)
Accessory Structures (Other than Homes - As
approved by the ARB). Accessory Structures must be
located within the Unit’s property lines and
setbacks. Accessory Structures must not be
located, constructed, painted or used in such
manner so as to create any off‑site visual,
audible or aesthetic nuisance or disturbance. The
ARB shall consider height (including base or
foundation structure), size, number of objects in
adjacent area, color, design, lighting (if any),
material, subject and possible interference with
rights of other Owners to quiet enjoyment of their
rights and properties. Accessory Structures must
not create a safety hazard to Owners or occupants
or off‑site persons (e.g. neighbors). Landscaping
screening or restrictions on hours or manner of
use, may be considered in reviewing proposed
installation of the Accessory Structures.
(b)
Maintenance; Exterior Colors. Repainting of any
Home, Accessory Structure or any other improvement
must be in the color originally approved by the
ARB without application to the ARB. Subject to
review of neighboring parcels and other residences
within the Community, variations and variances
shall be considered or permitted if in keeping
with overall requirements of aesthetics for type
of structure, location, community appearance,
maintenance and resale values. Maintenance is the
responsibility of the Unit Owner. All dwellings,
accessory and related structures shall be cleaned
and maintained as in original or subsequently
approved condition so as to maintain the harmony
and aesthetic appearance of the community. Fines
for non‑observance shall be imposed at the sole
discretion of the ARB.
(c)
Satellite Dishes. The ARB will regulate and must
approve all exterior parts of a Digital Satellite
System, including, for example, satellite dish,
base, mounting board, mounting brackets, wiring
and all accessory and related equipment.
(1)
Satellite dishes on Units may not exceed 1.5
meters in diameter.
(2)
Satellite dishes must be screened from off‑site
view by wall, fence, shrubs, trees or other
appropriate landscaping. Any such screening is to
be maintained.
(3) Each
application for installation is to be reviewed, at
the discretion of the ARB, on an individual basis,
considering site, color, manner of installation,
location of installation, possible visual or other
nuisance, aesthetics, size and other factors.
(4) The
use of a satellite dish must comply with Belize
law.
(d) Solar
Collectors and Panels. Application to include
scaled roof plan showing design and location of
solar panels, all elevations reflecting accessory
equipment and supply and return pipes. Solar
panels of any type are not to be visible from the
front of the dwelling. Otherwise, permitted only
on roofs with an orientation to the south or with
45 degrees east or west of due south at
locations. The ARB will consider the appearance
and aesthetic harmony of the installation but
shall not have responsibility for its materials,
structural integrity, safety, suitability for
intended use or manner of installation.
(e) New
Construction, Alteration, Renovation, Demolition
and Ground Preparation of Dwellings and Parcels
(herein defined as "construction").
(1)
Adjoining parcels shall be kept free of all
construction material and refuse at all times
during construction.
(2)
Sanitary structures (e.g. portable toilets) and
refuse containers are limited to two of each
located on the construction site. Both portable
toilets and containers must be screened to provide
minimum off‑site view or exposure.
(3)
Building materials, refuse or construction
equipment shall not be discarded on or in any way
permitted to remain on neighboring properties.
(4) Damage
to adjoining properties is the responsibility of
Owner and builder/contractor.
(5) In
addition to penalties and liabilities provided by
DOE, the ARB may halt the construction process on
a site until the violation is corrected.
(f) Fire
Extinguishers. All Homes and Accessory
Structures must have a minimum of one fire
extinguisher per each 1,000 square feet of
dwelling.
6.29 ARB
Indemnification. Every Officer and Director
of the Declarant, the Declarant, the Association,
each ARB member, and each of their respective
agents and employees (the “Indemnified Parties”)
shall be defended and are hereby indemnified,
released and held harmless by the Owners from and
against any and all claims, damages, judgments,
liabilities, expenses, and fees including, for
example, counsel fees and disbursements,
reasonably incurred by or imposed upon such
Indemnified Parties in connection with any
judicial, quasi-judicial or any other proceeding
to which such parties may be a party or in which
he/she/they may become involved by reason of
his/her/their being or having been an Officer,
Director or member of the ARB, Association and/or
Declarant, whether or not he/she/they is/are an
Officer, Director, member or employee of the ARB,
Association or Declarant at the time such expenses
are incurred. The foregoing right of
indemnification shall be in addition to and not
exclusive of all other rights to which such
Officer, Director, member or employee of the ARB,
Association or Declarant may be entitled.
Each Owner
acknowledges that their Unit has been sold and
purchased by them in their “as‑is” “where-is”
condition. Each Owner agrees to release, defend,
indemnify and hold Declarant, Declarant’s
officers, predecessor officers, directors,
predecessor directors, shareholders, managers,
agents and employees harmless from and against any
and all claims, demands, damages, costs and
expenses of whatsoever nature or kind, including
attorney's fees, disbursements and costs, arising
from any matter relating to the Community,
including, without limitation, water level
fluctuations of any and all rivers, lagoons,
ponds, creeks, and wetlands on or adjacent to the
Community and other causes or conditions, which
are beyond the reasonable control of Declarant.
Article VII
Maintenance, Repair & Replacement
7.1 Maintenance of Units. Each
Owner shall maintain the Home and other permanent
improvements and all landscaping encompassed
within such Owner’s Unit in a manner consistent
with the Community Documents and the
Community-Wide Standard, unless such maintenance
responsibility is otherwise assumed by or assigned
to the Association or a Neighborhood Association
pursuant to any Supplemental Declaration or other
declaration of covenants applicable to such Unit.
Each Owner shall also be responsible for
maintaining the landscaping within that portion of
any adjacent Common Area or right of way of a
Public Street lying between the Unit boundary and
any wall, fence or curb located on the Common Area
or right-of-way within ten (10) feet of the Unit
boundary; provided, however, that the Owner shall
have no right to remove trees, shrubs or similar
vegetation from this area without prior approval
of the Declarant or ARB, as the case may be,
pursuant to Articles IV & VI.
7.2 Maintenance of Neighborhood
Property. Each Neighborhood Association, if
any, shall maintain its common property and any
other property for which it has maintenance
responsibility in a manner consistent with the
Community Documents and the Community-Wide
Standard. Each Neighborhood Association, if any,
shall also be responsible for maintaining the
landscaping within that portion of any adjacent
Common Area or public right of way lying between
the boundary of its common property and any wall,
fence or curb located on the Common Area or public
right-of-way within ten (10) feet of the
Neighborhood’s boundary; provided, that the
Neighborhood Association shall have no right to
remove trees, shrubs or similar vegetation from
this area without prior approval of the ARB or
Declarant pursuant to Articles IV & VI. The Board
may, by duly adopted Resolution, declare the
Owners within each Neighborhood to be responsible
for paying, through Neighborhood Assessments, the
costs of operating, maintaining and insuring
designated portions of the Area of Common
Responsibility within or adjacent to such
Neighborhood. This may include, without
limitation, the costs of maintaining any signage,
entry features, right of way and greenspace
between the Neighborhood and the adjacent Public
Streets within the Neighborhood, and the body of
water or property fronting such body within the
Neighborhood, regardless of ownership and
regardless of the fact that such maintenance may
be performed by the Association; provided,
however, that all Neighborhoods that are similarly
situated shall be treated in a similar manner.
The Association may assume maintenance
responsibility for property within any
Neighborhood, in addition to that designated by
any Supplemental Declaration, either by agreement
with the Neighborhood or because, in the opinion
of the Board, the level and quality of service
provided is not consistent with the Community-Wide
Standard. All costs of maintenance pursuant to
this Section 7.2 plus an administrative charge
equal to fifteen percent (15%) of such costs shall
be assessed as a Neighborhood Assessment only
against the Units within the Neighborhood to which
the services are provided.
7.3 Repair & Replacement of Unit
Improvements. Unless otherwise specifically
provided in the Community Documents or in other
instruments creating and assigning maintenance
responsibility, each Owner’s responsibility to
maintain such Owner’s Unit shall include the
responsibility to repair and replace the
improvements constructed or installed within such
Unit in order to maintain the Unit in a manner
consistent with the Community-Wide Standard. By
accepting a deed or other instrument conveying
title to a Unit, each Owner shall be deemed to
have covenanted and agreed to carry property
insurance for the full replacement cost of all
insurable improvements constructed or installed
within such Owner’s Unit, less a reasonable
deductible. The Association may, but shall not be
obligated to, assume responsibility for obtaining
and maintaining any insurance coverage on behalf
of the Owners, the premiums for such insurance
shall be included in a Specific Assessment levied
against each benefited Unit and its Owner. Each
Owner shall be further deemed to have covenanted
and agreed that in the event of damage to or
destruction of structures constructed on or
installed within such Owner’s Unit, the Owner
shall promptly repair, restore or replace such
structures in manner consistent with the original
construction or such other plans and
specifications as previously approved.
Alternatively, the Owner may clear the Unit and
maintain it in a neat and attractive, landscaped
condition consistent with the Community-Wide
Standard. The Owner shall pay any and all costs
not covered by insurance proceeds. This Section
7.3 shall apply to any Neighborhood Association
responsible for common property within the
Neighborhood in the same manner as if the
Neighborhood Association was an Owner and the
common property was a Unit. Additional recorded
covenants applicable to any Neighborhood may
establish more stringent requirements for
insurance and more stringent standards for
rebuilding or reconstructing structures within the
Units within such Neighborhood and for clearing
and maintaining the Units in the event the
structures are not rebuilt or reconstructed.
7.4 Repair & Replacement of Common
Area Improvements. Unless otherwise
specifically provided in the Community Documents
or in other instruments creating and assigning
maintenance responsibility, the Association shall
be responsible for the maintenance, repair and
replacement of all improvements constructed or
installed within the Common Area in accordance
with the requirements of Section 9.4 and Section
9.7.
Part Three
Community Governance & Administration
This
Declaration establishes the Association as the
organization and legal entity through which each
Owner may participate in the governance and
administration of the Community. The Association
has reserved certain rights for the Members of the
Association. As such, the Association will not
take certain actions where such rights have been
reserved to the Members except in the case of an
emergency.
Article VIII
Association & Members
8.1 Functions of Association.
The Association is the corporation that holds or
will hold title to the Common Area, and is
responsible for the management, maintenance,
operation and control of the Area of Common
Responsibility. The Association is also the
organization charged with the primary
responsibility for the enforcement of the
Community Documents. The Association shall
perform its functions in accordance with the
Community Documents and the laws of Belize.
8.2 Membership. Every Owner
shall be a Member of the Association. There shall
be only one (1) membership per Unit, which shall
be appurtenant to, and inseparable from, such
Unit. If a Unit is owned by more than one Person
or Entity, all co-Owners shall share the
privileges of such membership, subject to
reasonable regulation by the Board of Directors
and the restrictions on voting set forth in
Section 8.4 and in the Articles and/or Memorandum
of Association. All co-Owners of a Unit shall be
jointly and severally obligated to perform the
responsibilities of a Unit Owner. The membership
rights of an Owner, which is an Entity, may be
exercised by any Person designated from time to
time by such Owner in a written instrument
provided to the Secretary of the Association.
8.3 Classes of Membership. The
Association shall have two classes of Members,
more particularly described as follows:
(a) Class “A” Members. Class “A”
Members shall include all of the Owners except the
Class “B” Member, if any. Class “A” Members shall
have one (1) equal vote for each Unit in which
they hold the interest required for membership
under Section 8.2, provided, however, that there
shall be only one (1) vote per Unit. No vote may
be exercised for any Unit or other land within the
Community that is exempt from Assessments pursuant
to Section 10.13. Class “A” Members may exercise
their voting rights only as provided in Section
8.4.
(b) Class “B” Member. The sole
Class “B” Member shall be Declarant. Declarant
may appoint a majority of the members of the Board
of Directors during the Declarant Control Period,
as specified in the Articles and/or Memorandum of
Association. Additional rights of Declarant are
specified in the relevant provisions of the
Community Documents. After termination of the
Declarant Control Period, the Declarant shall
retain the right to disapprove certain actions of
the Board and committees as provided in the
Articles and/or Memorandum of Association. The
Class “B” membership of Declarant shall terminate
upon the earlier of: (i) two (2) years after
expiration of the Declarant Control Period
pursuant to the Articles and/or Memorandum of
Association; or (ii) when, in its discretion,
Declarant so determines and declares in a recorded
instrument. Upon termination of the Class “B”
membership of Declarant, Declarant shall become a
Class “A” Member entitled to exercise the voting
rights of a Class “A” Member for each Unit that
Declarant owns.
8.4 Exercise of Voting Rights.
In any situation in which there is more than one
Owner of a Unit, the vote for such Unit shall be
exercised as the co-Owners determine among
themselves and notify the Secretary of the
Association in writing prior to the vote being
taken. The voting rights of an Owner that is an
Entity may be exercised by any Person designated
from time to time by such Owner in a notice
provided to the Secretary of the Association.
Absent such notice, the voting rights appurtenant
to any Unit shall be suspended if more than one
Person or Entity seeks to exercise such rights.
8.5 Neighborhoods, Voting Members &
Voting Groups.
(a) Neighborhoods. Any
Neighborhood, acting either through a Neighborhood
Committee elected as provided in the Articles
and/or Memorandum of Association or through a
Neighborhood Association, if any, may request that
the Association provide a higher level of service
than that which the Association generally provides
to all Neighborhoods or may request that the
Association provide special services for the
benefit of Units in such Neighborhood. Upon the
affirmative vote, written consent, or a
combination thereof, of Owners of a majority of
the Units within such Neighborhood, the
Association shall provide the requested services
to the extent reasonably available. The cost of
such services, which may include a reasonable
administrative charge in such amount as the Board
of Directors deems appropriate (provided any such
administrative charge shall apply at a uniform
per-Unit rate to all Neighborhoods receiving such
service), shall be assessed against the Units
within such Neighborhood as a Neighborhood
Assessment. Exhibit A to this
Declaration, and each Supplemental Declaration
submitting all or portions of the Additional Land
to this Declaration, may, but shall not be
obligated to, assign the submitted property to a
specific Neighborhood (by name or other
designation), which Neighborhood may be then
existing or newly created. So long as the
Declarant owns any Unit in the Community,
Declarant may unilaterally amend this Declaration
or any Supplemental Declaration to redesignate
Neighborhood boundaries. However, two or more
existing Neighborhoods shall not be combined
without the consent of the Owners of a majority of
the Units in the affected Neighborhoods.
(b) Voting Members. Each
Neighborhood shall elect a Voting Member who shall
be responsible for casting all votes attributable
to Units owned by Class “A” Members in the
Neighborhood on all Association matters requiring
a membership vote, except as otherwise specified
in this Declaration or the Articles and/or
Memorandum of Association. In addition, each
Neighborhood shall elect an alternate Voting
Member who shall be responsible for casting such
votes in the absence of the Voting Member. The
first election of a Voting Member and alternate
Voting Member from each Neighborhood shall occur
within one (1) year after the sale of the first
Unit in the Neighborhood to a Person or Entity
other than a Builder. Thereafter, the Board of
Directors shall call for an election of Voting
Members and alternates on an annual basis, either
by written ballots cast by mail, computer, or at a
physical meeting of the Class “A” Members within
such Neighborhood, as the Board shall determine.
Upon written petition signed by Class “A” Members
holding at least ten percent (10%) of the votes
attributable to Units within any Neighborhood, the
election for such Neighborhood shall be held at a
physical meeting. Candidates for election as
Voting Members may be nominated by the Board, a
nominating committee, which the Board may appoint,
or from the floor at any meeting at which such
election is to be held. The presence, in person
or by proxy, or the filing of ballots by Class “A”
Members representing at least twenty-five percent
(25%) of the total Class “A” votes attributable to
the Units in the Neighborhood shall constitute a
quorum at any Neighborhood meeting or election.
In the event of a failure to obtain a quorum or
vacancy in such positions for any Neighborhood,
the Board may appoint a Voting Member or alternate
Voting Member to represent such Neighborhood until
a successor is elected. For any Neighborhood
election, each Class “A” Member shall be entitled
to one equal vote for each Unit, which such Owner
owns in the Neighborhood. The candidate who
receives the greatest number of votes shall be
elected as Voting Member and the candidate
receiving the next greatest number of votes shall
be elected as the alternate Voting Member. The
Voting Member and the alternate Voting Member
shall serve a term of one (1) year and until their
successors are duly elected. Any Voting Member
may be removed, with or without cause, upon the
vote or written petition of the Owners of a
majority of the total number of Units owned by
Class “A” Members in the Neighborhood, which the
Voting Member represents. Until such time as the
Board first calls for election of a Voting Member
for any Neighborhood, the Owners within such
Neighborhood shall be entitled personally to cast
the votes attributable to their respective Units
on any issue requiring a vote of the Members
pursuant to any provision of the Community
Documents.
(c) Voting Groups. Declarant may
designate Voting Groups consisting of one or more
Neighborhoods for the purpose of electing members
of the Board of Directors. Voting Groups may be
designated to ensure groups with dissimilar
interests are represented on the Board and to
avoid some Voting Members being able to elect all
members of the Board due to the number of Units in
such Neighborhoods. Following termination of the
Declarant Control Period, the number of Voting
Groups within the Community shall not exceed the
total number of directors to be elected by the
Class “A” Members pursuant to the Articles and/or
Memorandum of Association. The Voting Members
representing the Neighborhoods within each Voting
Group shall vote on a separate slate of candidates
for election to the Board. Each Voting Group is
entitled to elect the number of directors
specified in the Articles and/or Memorandum of
Association.
Diagram 8.1
Association Organizational Structure
|
Neighborhood 1 |
Neighborhood 2 |
Neighborhood 3 |
Neighborhood 4 |
Neighborhood 5 |
|
Class ‘A’
Members |
Class ‘A’
Members |
Class ‘A’
Members |
Class ‘A’
Members |
Class ‘A’
Members |
|
|
|
|
|
|
Diagram 8.1 illustrates the
organizational structure of the Association and
the manner in which Voting Members and Voting
Groups will elect the Board of Directors after the
Declarant Control Period ends. The number of
directors (five), Neighborhoods (five) and Voting
Groups (three) shown in the illustration are for
demonstrative purposes only; the actual number may
be different.
Declarant shall establish Voting Groups, if at
all, not later than the date of expiration of the
Declarant Control Period by filing with the
Association and Recording a Supplemental
Declaration identifying each Voting Group by legal
description or other means such that the Units
within each Voting Group may easily be
determined. Such designation may be amended from
time to time by Declarant, acting alone, at any
time prior to the expiration of the Declarant
Control Period. After expiration of Declarant’s
right to expand the Community pursuant to Article
XI, the Board of Directors shall have the right to
record or amend such Supplemental Declaration upon
the vote of a majority of the total number of
directors and approval of Voting Members
representing a majority of the total number of
Neighborhoods and a majority of the total Class
“A” votes in the Association. Neither the
recording nor the amendment of such Supplemental
Declaration by Declarant shall constitute an
amendment to this Declaration, and no consent or
approval of any Person or Entity shall be required
except as stated in this paragraph. Until such
time as Voting Groups are established, the entire
Community shall constitute a single Voting Group.
After a Supplemental Declaration establishing
Voting Groups has been Recorded, any and all
portions of the Community, which are not assigned
to a specific Voting Group, shall constitute a
single Voting Group.
Article IX
Association Powers & Responsibilities
9.1 Acquisition of Property by Board
of Directors. The Association, through the
actions of the Board of Directors, may acquire,
hold, lease (as lessor or lessee), operate and
dispose of tangible and intangible personal
property and real property. The Association may
enter into leases, licenses or operating
agreements for portions of the Common Area, for
such consideration or no consideration as the
Board deems appropriate, to permit use of such
portions of the Common Area by community
organizations and by others for the provision of
goods or services for the general benefit or
convenience of Owners and other occupants of the
Units.
9.2 Conveyance of Property to
Association by Declarant. Declarant, and its
designees, may convey to the Association, and the
Association shall accept, personal property and
fee-simple title to, leasehold estates or other
interests in any real property, improved or
unimproved, described in Exhibit A.
Declarant shall (to the extent reasonable) convey
the initial Common Area to the Association prior
to the conveyance of a Unit to any Person or
Entity other than a Builder. Upon Declarant’s
written request, the Association shall reconvey to
Declarant any unimproved portions of the Common
Area, which Declarant originally conveyed to the
Association for no consideration, to the extent
conveyed by Declarant in error, or needed by
Declarant to make minor adjustments in property
lines.
9.3 Regulation of Common Area.
The Association shall be responsible for the
management, operation and control of the Common
Area, subject to any covenants and restrictions
set forth in this Declaration or the deed or other
instrument conveying such property to the
Association. The Board of Directors may, by a
duly adopted Resolution of general application,
adopt or amend such reasonable Rules & Regulations
governing the use of the Common Area as it deems
to be in the best interests of the health, safety
and welfare of the Owners and other occupants of
the Units.
9.4 Maintenance of Area of Common
Responsibility. The Association shall
maintain the Area of Common Responsibility in
accordance with the Community-Wide Standard,
including, but not limited to, the following:
(a) all portions of the Common Area and
any landscaping, structures or other improvements
located thereon;
(b) landscaping within the rights of way
of the Public Streets within the Community, or
within the public rights of way adjacent to the
Community for which the Association has accepted
responsibility by written agreement;
(c) such portions of any additional
property included within the Area of Common
Responsibility as may be designated by this
Declaration, any Supplemental Declaration, any
Covenant to Share Costs, or any contract or
agreement for maintenance thereof entered into by
the Association;
(d) all community reserves located
within the Community, including for example,
improvements and equipment installed therein or
used in connection therewith; and
(e) any property and facilities that
Declarant owns and makes available, on a temporary
or permanent basis, for the primary use of the
Association and its Members. Such property and
facilities shall be identified by written notice
from Declarant to the Association and shall remain
part of the Area of Common Responsibility until
such time as Declarant revokes such privilege of
use and enjoyment by written notice to the
Association. The Association may maintain other
property, which it does not own, including,
without limitation, property dedicated to the
public, if the Board of Directors determines that
such maintenance is necessary or desirable to
maintain the Community-Wide Standard. The
Association shall not be liable for any damage or
injury occurring on or arising from the condition
of property that it does not own or lease. The
Association shall maintain the facilities and
equipment within the Area of Common Responsibility
in continuous operation, except for any periods
necessary, as determined in the Board’s sole
discretion, to perform necessary maintenance,
repair or replacement, unless Voting Members
representing seventy-five percent (75%) of the
Class “A” votes in the Association and the Class
“B” Member, if any, agree in writing to
discontinue such operation. Except as provided
above, the Area of Common Responsibility shall not
be reduced, except with Declarant’s prior written
approval as long as Declarant owns any property
described in Exhibit A. The costs
associated with the maintenance, repair and
replacement of the improvements located within the
Area of Common Responsibility shall be a Common
Expense; provided, the Association may seek
reimbursement from the owners of, or other Persons
or Entities responsible for certain portions of
the Area of Common Responsibility pursuant to this
Declaration, the Covenant to Share Costs, other
recorded covenants, or agreements with the owners
thereof. Maintenance, repair and replacement of
improvements within the Limited Common Areas shall
be a Neighborhood Expense levied against the Units
within the Neighborhood or Neighborhoods or a
Specific Assessment against the Unit or Units to
which the Limited Common Areas are assigned,
notwithstanding that the Association may be
responsible for performing such maintenance
hereunder.
9.5 Required Insurance Coverages.
The Association, acting through the Board of
Directors or its duly authorized agent, shall
obtain and maintain the following insurance
policies and coverages, if reasonably available,
or if not reasonably available, the most nearly
equivalent coverages that are reasonably
available:
(a) Blanket property insurance covering
“risks of direct physical loss” on a “special
form” basis (or comparable coverage by whatever
name denominated) for all insurable improvements
within the Common Area, and within the Area of
Common Responsibility to the extent that
Association has assumed the responsibility for the
repair and replacement of such improvements in the
event of a casualty. If such coverage is not
generally available at reasonable cost, then
“broad form” coverage may be substituted. All
property insurance policies obtained by the
Association shall have policy limits sufficient to
cover the full replacement cost value of the
insured improvements under current district laws
and building codes.
(b) Commercial general liability
insurance with regard to the Area of Common
Responsibility and the operations of the
Association, insuring the Association and the
Members for damage or injury caused by the
negligence of the Association, any of the Members,
or employees, agents, or contractors while acting
on the Association’s behalf. If generally
available at reasonable cost, such coverage
(including primary and any umbrella coverage)
shall have a limit of at least One Million Belize
Dollars (BZ$1,000,000.00) per occurrence with
respect to bodily injury, personal injury, and
property damage; provided, however, that should
additional coverage and higher limits be
available, at reasonable cost, that a reasonably
prudent person would obtain and maintain, then the
Association shall obtain and maintain such
additional coverages or higher limits.
(c) Workers compensation insurance and
employers liability insurance, if and to the
extent required by the laws of Belize.
(d) Directors’ and officers’ liability
coverage.
(e) Flood
insurance, if necessary and if required by law in
Belize to the extent readily available.
(f) Such additional insurance as the
Board, in the exercise of its business judgment,
determines to be prudent. In addition, the
Association shall, if so specified in a
Supplemental Declaration applicable to any
Neighborhood, obtain and maintain property
insurance on the insurable improvements within
such Neighborhood, which property insurance shall
comply with the requirements of Paragraph 9.5(a)
and Section 9.6. Any such policies shall provide
for a certificate of insurance to be furnished,
upon request, to the Owner of each Unit within the
Neighborhood.
Premiums for all insurance covering casualties to,
or liability arising from, the Area of Common
Responsibility shall be Common Expenses, except
that: (i) premiums for property insurance on Units
within a Neighborhood shall be a Neighborhood
Expense; and (ii) premiums for insurance on
Limited Common Areas may be included in the
Neighborhood Expenses of the Neighborhood or
Neighborhoods; however, if no Neighborhoods have
been established, then such costs shall be deemed
to be Specific Assessments and shall be levied
against the Unit or Units to which such Limited
Common Areas are assigned, unless the Board
reasonably determines that other treatment of the
premiums is more equitable and appropriate.
9.6 Insurance Policy Requirements.
The Association, acting through the Board of
Directors, shall retain a professional insurance
consultant to conduct an annual review of the
sufficiency of the Association’s insurance
policies and coverages, and such consultant shall
be familiar with insurable replacement costs in
Belize. All Association insurance policies shall
provide for a certificate of insurance to be
furnished to the Association and, upon request and
the payment of the then current copying fee and
administrative charge, to each Member insured.
The policies may contain a reasonable deductible,
and the amount thereof shall not be subtracted
from the face amount of the policy in determining
whether the policy limits satisfy the requirements
of Paragraph 9.5(a). In the event of an insured
loss, the deductible shall be treated as a Common
Expense or a Neighborhood Expense, as applicable,
in the same manner as the premiums for the
applicable insurance coverage. However, if the
Board reasonably determines, after the Members
have been notified and given an opportunity to be
heard in accordance with the Articles and/or
Memorandum of Association, that the loss is the
result of the negligence or willful misconduct of
one or more Owners, their household members,
guests, invitees, or lessees, then the Board may
levy the full amount of such deductible against
the Unit or Units of such Owner or Owners as a
Specific Assessment. All insurance coverage
obtained by the Board shall: (a) be written by a
company that is licensed and authorized to do
business in Belize; (b) be written in the name of
the Association, acting as trustee for the
benefited parties (policies on the Common Areas
shall be for the benefit of the Association and
its Members); (policies secured on behalf of a
Neighborhood shall be for the benefit of the
Owners of Units within the Neighborhood and their
Chargees, as their interests may appear); (c) not
be brought into contribution with insurance
purchased by Owners, occupants, or their Chargees
individually; (d) contain an inflation guard
endorsement; (e) include an agreed amount
endorsement, if the policy contains a co-insurance
clause; (f) provide that each Owner is an
additional insured with respect to liability
arising out of such Owner’s interest in the Common
Area as a Member (provided, this provision shall
not be construed as giving an Owner any ownership
interest in the Common Area); (g) provide that the
insurer waives its rights to require the
Association to transfer its recovery rights
against any Owner or household member of an Owner
to the insurer (formerly called a “waiver of
subrogation”); (h) include an endorsement
precluding cancellation, invalidation, suspension,
or non-renewal by the insurer on account of any of
the Owners, or on account of any curable defect or
violation, without thirty (30) days’ prior written
demand to the Association to cure the defect or
violation; and (i) include an endorsement
precluding cancellation, invalidation, or
condition to recovery under the policy on account
of any act or omission of any of the Owners,
unless such Owner is acting within the scope of
the Owner’s authority, as an Officer or Director.
In addition, the Board shall use reasonable
efforts to secure insurance policies that list the
Owners as additional insureds and provide: (j) a
waiver of subrogation as to any claims against the
Board, and the Association’s officers, employees,
and property manager, if any, the Owners and the
occupants of the Units, and their servants,
agents, and guests; (k) a waiver of the insurer’s
rights to repair and reconstruct instead of paying
cash; (l) an endorsement excluding the
Owners’ individual insurance policies from
consideration under any “other insurance” clause;
(m) an endorsement requiring at least thirty (30)
days’ prior written notice to the Association of
any cancellation, substantial modification, or
non-renewal; (n) a cross-liability provision; and
(o) a provision vesting in the Board the exclusive
authority to adjust losses; provided, however, no
Chargee having an interest in such losses may be
prohibited from participating in the settlement
negotiations, if any, related to the loss. The
Board may obtain insurance coverage which excludes
any of the above provisions if commercially
reasonable insurance which contains all of the
provisions above is unavailable, and/or
constitutes an unreasonable additional expense.
9.7 Restoration of Improvements after
Casualty. In the event of any casualty to the
improvements within the Common Area or other
property which the Association is obligated to
insure, the Board of Directors or its duly
authorized agent shall file and adjust all
insurance claims and obtain reliable and detailed
estimates of the cost of restoring the property to
substantially the condition in which it existed
before such casualty, allowing for changes or
improvements necessitated by changes in applicable
laws and ordinances (and building codes) in
Belize. Damaged improvements within the Common
Area shall be restored or replaced, unless the
Voting Members representing at least seventy-five
(75%) of the total Class “A” votes, and the Class
“B” Member, if any, decide within sixty (60) days
after the loss not to restore or replace such
improvements. If either the insurance proceeds or
estimates of the loss, or both, are not available
to the Association within such sixty-day period,
then the period shall be extended until such funds
or information are available. However, such
extension shall not exceed sixty (60) additional
days. Chargee shall have the right to participate
in the determination of whether the damaged or
destroyed improvements within the Common Area
shall be restored or replaced. If a decision is
made not to restore or replace the damaged
improvements, and no alternative improvements are
authorized, the affected land shall be cleared of
all debris and ruins, and thereafter shall be
maintained by the Association in a neat and
attractive, landscaped condition consistent with
the Community-Wide Standard. Any insurance
proceeds remaining after paying the costs of
restoration or replacement, or after such
settlement as is necessary and appropriate, shall
be paid to any Chargees in proportion to their
interests in such affected property. If all such
Chargees are paid in full and a remaining balance
exists, such sums shall be retained by the
Association for the benefit of the Members or the
Owners of Units within the insured Neighborhood,
as applicable, and placed in a capital
improvements account. This is a covenant for the
benefit of the Chargees, and may be enforced by
the Chargee of any affected Unit. If insurance
proceeds are insufficient to cover the costs of
restoration or replacement, the Board may, without
a vote of the Voting Members, levy Special
Assessments to cover the shortfall against those
Owners responsible for the premiums for the
applicable insurance coverage under Paragraph
9.5(a)[the Owners].
9.8 Enforcement of Community
Documents. Every Owner and occupant of a Unit
shall comply with the Community Documents. The
Board of Directors may impose sanctions on the
Owner and/or occupant of a Unit for a violation of
the Community Documents after notice and a hearing
in accordance with the procedures set forth in the
Articles and/or Memorandum of Association. Such
sanctions may include, without limitation: (a) the
imposition of reasonable monetary fines, as
specified in a Resolution of general application
duly adopted by the Board, which fines shall be
secured by the lien for Assessments upon the
violator’s Unit (in the event that any occupant of
a Unit, or the guest or invitee of the Owner or
occupant of a Unit, violates the Community
Documents and a fine is imposed, the fine shall
first be assessed against the violator; provided,
however, if such fine is not paid by the violator
within the time period set by the Board, the Owner
shall pay the fine upon receipt of notice from the
Board); (b) the suspension of an Owner’s right to
vote; (c) the suspension of the violator’s right
to use any recreational facilities within the
Common Area; provided, however, nothing herein
shall authorize the Board to limit ingress or
egress to or from a Unit; (d) the suspension of
any services provided by the Association to an
Owner or the Owner’s Unit, if the Owner is more
than thirty (30) days delinquent in paying any
Assessment or other charge owed to the
Association; (e) the exercise of self-help to
abate any violation of the Community Documents in
a non-emergency situation, provided such self-help
measure is taken without breaching the peace; (f)
requiring an Owner, at such Owner’s sole cost and
expense, to remove from the Owner’s Unit any
structure or improvement constructed or installed
in violation of the Community Documents and to
restore and/or reconstruct the Unit to its
previous condition and, upon failure of the Owner
to do so, the Board or its designee shall have the
right, but not the obligation, to enter the Unit,
remove such structure or improvement and restore
the Unit to substantially the same condition as
previously existed prior to the violation of the
Community Documents and any such action shall not
be deemed to be a trespass; (g) without liability
to any Person or Entity, precluding any
contractor, subcontractor, agent, employee or
other invitee of an Owner or occupant of a Unit
who fails to comply with the terms and provisions
of Article IV & VI and the Guidelines from
continuing or performing any further activities in
the Community; and (h) levying against one or more
Units a Specific Assessments to cover the costs
incurred by the Association to bring a Unit into
compliance with the Community Documents. In
addition, the Board may take the following
enforcement procedures to ensure compliance with
the Community Documents without the necessity of
compliance with the procedures set forth in the
Articles and/or Memorandum of Association: (i)
exercising self-help in any bona fide
emergency; or (j) bringing suit at law to recover
monetary damages, or in equity to enjoin any
violation, or both. In addition to any other
enforcement rights, if an Owner fails to properly
perform such Owner’s maintenance responsibilities,
the Association may record a notice of such
violation or perform such maintenance
responsibilities and levy all costs thereof plus
an administrative charge equal to fifteen percent
(15%) of such costs against such Owner’s Unit and
such Owner as a Specific Assessment. If a
Neighborhood Association fails to perform its
maintenance responsibilities, the Association may
perform such maintenance and assess the costs
thereof as a Neighborhood Assessment or Specific
Assessment against all Units within such
Neighborhood. Except in a bona fide
emergency, the Association shall provide the Owner
or Neighborhood Association, as applicable,
reasonable notice and an opportunity to cure the
problem prior to taking such enforcement action.
All remedies set forth in the Community Documents
shall be cumulative of any remedies available at
law or in equity. In any action to enforce the
Community Documents, if the Association prevails,
it shall be entitled to recover all costs,
including, without limitation, all court costs and
reasonable attorneys’ fees incurred in such
action, regardless of whether a lawsuit is filed
and throughout all appellate levels.
9.9 Board of Directors’ Discretion to
Take Action. The Board of Directors shall
have the discretion to decide whether to take
enforcement action in any particular case;
provided, however, that the Board shall not be
arbitrary or capricious in taking enforcement
action. Without limiting the generality of the
foregoing sentence, the Board may determine that,
under the circumstances of a particular case that:
(a) the Association’s position is not strong
enough to justify pursuing enforcement action; or
(b) the covenant, restriction or rule being
enforced is, or is likely to be construed as,
inconsistent with applicable law; or (c) although
a technical violation may exist or may have
occurred, it is not of such a material nature as
to be objectionable to a reasonable person or to
justify expending the Association’s resources to
pursue enforcement action; or (d) that it is not
in the Association’s best interests, based upon
hardship, expense, or other reasonable criteria,
to pursue enforcement action. The Board’s
decision not to pursue enforcement action in a
particular case shall not be construed as a waiver
of the right of the Association to pursue
enforcement action at a later time, under other
circumstances, or preclude the Association from
enforcing any other provision of the Community
Documents. The Association, by contract or other
agreement, may enforce applicable laws of Belize,
and permit the judicial and quasi-judicial (or
any other) enforcement agencies to enforce the
provisions of the Community Documents for the
benefit of the Association and the Members.
9.10 Implied Rights; Board Authority.
The Association may exercise any right or
privilege given to it expressly by the Community
Documents, or reasonably implied from, or
reasonably necessary to effectuate any such right
or privilege. All rights and powers of the
Association may be exercised by the Board of
Directors without a vote of the Members, except
where the Community Documents or applicable laws
of the State specifically require a vote of the
Members. The Board may initiate, defend, settle,
or intervene on behalf of the Association in
mediation, binding or non-binding arbitration,
litigation, or administrative proceedings in
matters pertaining to the Area of Common
Responsibility, enforcement of the Community
Documents, or any other civil claim or action
involving the Community. However, the Community
Documents shall not be construed as creating any
independent legal duty to initiate litigation on
behalf of or in the name of the Association or the
Members. In exercising the rights and powers of
the Association, making decisions on behalf of the
Association, and conducting the Association’s
affairs, the Board shall be subject to, and its
actions shall be judged in accordance with, the
standards set forth in the Articles and/or
Memorandum of Association.
9.11 Indemnification of Directors,
Officers & Others. Subject to applicable laws
of Belize, the Association shall indemnify every
Director, Officer and committee member against all
damages and expenses, including attorneys’ fees,
reasonably incurred in connection with any action,
suit, or other proceeding (including settlement of
any suit or proceeding, if approved by the then
Board of Directors) to which such Person may be a
party by reason of being or having been a
Director, Officer or committee member. The
Directors, Officers and committee members shall
not be liable for any mistake of judgment,
negligent or otherwise, except for their own
individual willful misfeasance, malfeasance,
misconduct, or actions taken in bad faith. The
Directors and Officers shall have no personal
liability with respect to any contract or other
commitment made or action taken in good faith on
behalf of the Association (except to the extent
that such Directors or Officers may also be
Members). The Association shall indemnify,
release, defend and hold each Director, Officer
and committee member harmless from and against any
and all liability to others on account of any such
contract, commitment or action. This right to be
indemnified shall not be exclusive of any other
rights to which any present or former Director,
Officer or committee member may be entitled. The
Association shall, as a Common Expense, maintain
adequate general liability and officers’ and
directors’ liability insurance to fund this
obligation in accordance with Section 9.5(d) of
Article IX, if such insurance is reasonably
available.
9.12 Responsibility for Personal Safety
& Security. Every Owner and occupant of a
Unit, and their respective guests and invitees,
shall be responsible for their own personal safety
and the security of their (personal, mixed and
real) property within the Community. The
Association may, but shall not be obligated to,
maintain or support certain activities within the
Community designed to enhance the level of safety
or security that each Person provides for such
Person’s self or property.
Neither Declarant nor the Association shall be
deemed to be an insurer or guarantor of the safety
of any Person or the security of any Person’s
property within the Community; nor shall either
Declarant or the Association be held liable for
any loss or damage by reason of failure to provide
adequate security or the ineffectiveness of any
security measures undertaken. No representation
or warranty is made or shall be implied that any
systems or measures, including any mechanism or
system for limiting access to the Community,
cannot be compromised or circumvented, nor that
any such systems or security measures undertaken
will in all cases prevent injury or loss or
provide the detection or protection for which the
system is designed or intended. Every Owner shall
be responsible for informing all occupants,
tenants, invitees, licensees or guests of such
Owner’s Unit that Declarant, the Association, the
Board of Directors and the members of committees
are not insurers or guarantors of personal safety
or the security of (real, personal or mixed)
property, and that each Person within the
Community assumes all risks of personal injury and
loss or damage to property, including the Units
and their contents, resulting from the acts of
third parties.
ALL OWNERS AND OCCUPANTS OF ANY UNIT, TENANTS,
GUESTS AND INVITEES OF ANY OWNER OR OCCUPANT, AS
APPLICABLE, ACKNOWLEDGE THAT THE ASSOCIATION AND
ITS BOARD OF DIRECTORS, DECLARANT, DECLARANT’S
OFFICERS, PREDECESSOR OFFICERS, DIRECTORS,
PREDECESSOR DIRECTORS, OR ANY SUCCESSOR DECLARANT
AND THE ARCHITECTURAL REVIEW BOARD DO NOT
REPRESENT OR WARRANT THAT ANY FIRE PROTECTION
SYSTEM, BURGLAR ALARM SYSTEM OR OTHER SECURITY
SYSTEM OR MEASURE, INCLUDING ANY MECHANISM OR
SYSTEM FOR LIMITING ACCESS TO THE PROPERTIES MAY
NOT BE COMPROMISED OR CIRCUMVENTED, THAT ANY FIRE
PROTECTION OR BURGLAR ALARM SYSTEMS OR OTHER
SECURITY SYSTEMS OR MEASURES WILL PREVENT LOSS BY
FIRE, SMOKE, BURGLARY, THEFT, HOLD‑UP, OR
OTHERWISE, NOR THAT FIRE PROTECTION OR BURGLAR
ALARM SYSTEMS OR OTHER SECURITY SYSTEMS OR
MEASURES WILL IN ALL CASES PROVIDE THE DETECTION
OR PROTECTION FOR WHICH THE SYSTEM IS DESIGNED OR
INTENDED. EACH OWNER AND OCCUPANT OF ANY UNIT, AND
EACH TENANT, GUEST AND INVITEE OF AN OWNER OR
OCCUPANT, AS APPLICABLE, ACKNOWLEDGES AND
UNDERSTANDS THAT THE ASSOCIATION, ITS BOARD OF
DIRECTORS AND COMMITTEES, DECLARANT, DECLARANT’S
OFFICERS, PREDECESSOR OFFICERS, DIRECTORS,
PREDECESSOR DIRECTORS AND ALL SUCCESSOR DECLARANTS
ARE NOT INSURERS AND THAT EACH OWNER AND OCCUPANT
OF ANY UNIT AND EACH TENANT, GUEST AND INVITEE OF
ANY OWNER OR OCCUPANT ASSUMES ALL RISKS FOR LOSS
OR DAMAGE TO PERSONS, TO UNITS AND TO THE CONTENTS
OF UNITS AND FURTHER ACKNOWLEDGES THAT THE
ASSOCIATION, ITS BOARD OF DIRECTORS AND
COMMITTEES, DECLARANT, DECLARANT’S OFFICERS,
PREDECESSOR OFFICERS, DIRECTORS, PREDECESSOR
DIRECTORS AND ALL SUCCESSOR DECLARANTS HAVE MADE
NO REPRESENTATIONS OR WARRANTIES NOR HAS ANY
OWNER, OCCUPANT, TENANT, GUEST OR INVITEE RELIED
UPON ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE, RELATIVE TO ANY FIRE AND/OR BURGLAR ALARM
SYSTEMS OR OTHER SECURITY SYSTEMS RECOMMENDED OR
INSTALLED OR ANY SECURITY MEASURES UNDERTAKEN
WITHIN THE PROPERTIES.
9.13 Association Powers Regarding
Neighborhood Associations. The Board of
Directors shall have the power to veto any action
taken or contemplated to be taken by any
Neighborhood Association that the Board reasonably
determines to be adverse to the interests of the
Association or the Members, or inconsistent with
the Community-Wide Standard. The Association also
shall have the power to require specific action to
be taken by any Neighborhood Association in
connection with its obligations and
responsibilities, such as requiring specific
maintenance, repairs or aesthetic changes to be
effectuated, and requiring that a proposed budget
include certain items and that expenditures be
made therefor. A Neighborhood Association shall
take appropriate action, as required by the Board
in a written notice to the Neighborhood
Association, within the reasonable timeframe set
by the Association in such notice. If the
Neighborhood Association fails to comply with the
Association’s request, the Association shall have
the right, but not the obligation, to take such
action on behalf of the Neighborhood Association,
and to levy a Neighborhood Assessment or Specific
Assessments against the Units or Neighborhood
within such Neighborhood to cover the actual
costs, as well as an administrative charge and
fines.
9.14 Additional Services Provided by
Association. The Association may provide
additional services and facilities for the Members
and their Units, and shall be authorized to enter
into and terminate contracts or agreements with
other Persons or Entities, including Declarant, to
provide such additional services and facilities.
The Board of Directors may, by a duly adopted
Resolution of general application, establish and
charge user or service fees for any such
additional services and facilities provided, or
may include the costs thereof in the Association’s
budget as a Common Expense, if the additional
services or facilities are provided to all Units.
Such additional services and facilities may
include, without limitation, landscape
maintenance, pest control, cable television,
security, caretaker, transportation, fire
protection, utilities, and similar services and
facilities. Nothing in this Section 9.14 shall be
construed as a representation by Declarant or the
Association as to what, if any, additional
services or facilities may be provided. In
addition, the Board shall be permitted to modify
or cancel existing contracts or agreements for
additional services or facilities, in its sole
discretion, unless it is otherwise required to
provide such services or facilities by the
Community Documents. No Owner shall be exempt
from the obligation to pay such Owner’s share of
the costs of such additional services or
facilities, as a Common Expense, by refraining
from the use of any services or facilities
provided to all of the Owners or the Units.
9.15 Relationships with Other
Properties. The Association may enter into
contractual agreements or covenants to share costs
with any neighboring property to contribute funds
for, among other things, shared or mutually
beneficial property or services and/or a higher
level of maintenance for the Area of Common
Responsibility.
9.16 Facilities & Services May be
Opened to Public. The Association may permit
certain facilities and land within the Common Area
to be opened for the use and enjoyment of the
general public. Such Common Area facilities and
lands may include, without limitation: greenbelts,
trails and paths, parks, and other neighborhood
spots conducive to gathering and interaction, the
rights of way of the Private and/or Public Streets
and the medians within them, and sidewalks.
Declarant may designate such facilities and lands
as open to the general public at the time
Declarant declares such facilities and areas a
part of the Area of Common Responsibility, or the
Board of Directors may make such designation at
any time thereafter.
Article X
Association Finances
10.1 Budgeting for Common Expenses.
At least sixty (60) days before the beginning of
each fiscal year, the Board of Directors shall
cause the preparation of a budget of the estimated
Common Expenses for the coming fiscal year,
including any contributions to be made to the
Reserves pursuant to Section 10.2. The budget
shall also reflect the sources and estimated
amounts of funds to cover such expenses, which may
include any surplus revenue to be applied from
prior years, any revenue expected from sources
other than Assessments, as well as the revenue to
be raised through the levy of General Assessments
and Special Assessments against the Units as
authorized in Article X.
10.2 Budgeting for Reserves. At
least sixty (60) days before the beginning of each
fiscal year, the Board of Directors shall cause
the preparation and review of a budget for funding
the Reserves for the repair and replacement of
capital assets located within the Area of Common
Responsibility and for each Neighborhood for which
the Association maintains the capital assets as a
Neighborhood Expense. The Reserve budget shall
take into account the number and nature of such
capital assets, and the expected life and repair
or replacement cost of each asset. The Board
shall include in the Common Expenses stated in the
budget adopted pursuant to Section 10.1, or in the
Neighborhood Expense budgets adopted pursuant to
Section 10.3, as appropriate, a capital
contribution to fund Reserves sufficient to meet
the anticipated costs of repairing or replacing
such capital assets over the coming fiscal year or
years.
10.3 Budgeting for Neighborhood
Expenses. At least sixty (60) days before the
beginning of each fiscal year, the Board of
Directors shall cause the preparation of a
separate budget covering the estimated
Neighborhood Expenses for each Neighborhood on
whose behalf Neighborhood Expenses are expected to
be incurred during the coming fiscal year. Each
such budget shall include any costs for additional
services or a higher level of services, which the
Owners of Units in such Neighborhood have approved
pursuant to Paragraph 8.5(a) and any contribution
to be made to a Reserve pursuant to Section 10.2.
The budget shall also reflect the sources and
estimated amounts of funds to cover such expenses,
which may include any surplus to be applied from
prior fiscal years, any income expected from
sources other than Assessments levied against the
Units in such Neighborhood, as well as the amount
required to be generated through the levy of
Neighborhood Assessments and Special Assessments
against the Units in such Neighborhood. The
Association is hereby authorized to levy
Neighborhood Assessments, in equal shares, against
all Units in the Neighborhood that are subject to
Assessments under Section 10.6, in order to fund
the Neighborhood Expenses; provided, if so
specified in the applicable Supplemental
Declaration, or if so directed by petition signed
by a majority of the Owners of the Units within
the Neighborhood, any portion of the Assessment
intended for exterior maintenance of structures,
insurance on structures, or Reserves for
replacement of particular structures shall be
levied on each of the benefited Units in
proportion to the benefit received. The Board
shall cause a copy of the Neighborhood budget and
notice of the amount of the Neighborhood
Assessment for the coming fiscal year to at least
be electronically delivered to or made available
on Waterside’ website so that each Owner of a Unit
within the Neighborhood has notice thereof at
least thirty (30) days prior to the beginning of
the new fiscal year. Such budget and Assessment
shall become effective unless disapproved at a
meeting of the Owners of a majority of the Units
in the Neighborhood. However, there shall be no
obligation to call a meeting for the purpose of
considering the budget except upon receipt of a
petition of the Owners of at least ten percent
(10%) of the Units in such Neighborhood. This
right to disapprove shall only apply to those line
items in the Neighborhood budget, which are
attributable to services requested by the
Neighborhood, and shall not apply to any item
which the Community Documents require to be levied
as a Neighborhood Assessment. If the proposed
budget for any Neighborhood is disapproved, or if
the Board fails for any reason to determine the
budget for any year, then until such time as a new
budget is determined, the budget in effect for the
immediately preceding fiscal year shall continue
to be effective for the current fiscal year. The
Board may revise the budget for any Neighborhood
and the amount of any Neighborhood Assessment at
any time and from time to time during the fiscal
year, subject to the notice requirements and the
right of the Owners of Units in the affected
Neighborhood to disapprove the revised budget as
set forth above. All amounts collected by the
Association as Neighborhood Assessments shall be
held in trust for, and expended solely for the
benefit of, the Neighborhood for which they were
collected and shall be accounted for separately
from the Association’s general funds.
10.4 Covenant to Pay Assessments.
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 levy of Assessments to fund the
Common Expenses and other expenses of the
Association incurred on behalf of the Owners, and
hereby declares that the Association is authorized
to levy such Assessments 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 pay such Assessments.
10.5 Authority to Levy General
Assessments. The Board of Directors is
authorized to levy an annual General Assessment,
in equal shares, against all Units subject to the
levy of Assessments pursuant to this Section 10.5,
in order to fund the Common Expenses. In
determining the amount of the General Assessment,
the Board of Directors may consider any revenue
anticipated to be raised from Assessments
applicable to any additional Units reasonably
anticipated to become subject to the levy of the
General Assessment during the fiscal year.
Declarant may, but shall not be obligated to,
reduce the General Assessment for any fiscal year
by paying a subsidy (in addition to any amounts
paid by Declarant under Section 10.13), which may
be either a contribution, an advance against
future Assessments due from Declarant, or a loan,
in Declarant’s sole discretion. Any such subsidy
shall be disclosed as a line item in the revenue
portion of the budget prepared in accordance with
Section 10.1. By paying such subsidy in any
fiscal year, Declarant shall not be obligated to
continue paying such subsidy in future fiscal
years, unless otherwise provided in a written
agreement between the Association and Declarant.
The Board shall send (electronically or otherwise)
a copy of the final budget, together with notice
of the amount of the General Assessment to be
levied pursuant thereto, to each Owner at least
thirty (30) days prior to the beginning of the new
fiscal year. The budget shall automatically
become effective, unless disapproved at a meeting
by Voting Members representing at least
seventy-five percent (75%) of the total Class “A”
votes, and the Class “B” Member, if any. There
shall be no obligation to call a meeting for the
purpose of considering the budget, except upon
receipt of a petition of the Members in accordance
with the Articles and/or Memorandum of
Association. Any such petition must be presented
to the Board within ten (10) days after the
electronic transmission, dissemination or delivery
of the budget and notice of any Assessment. If a
proposed budget is disapproved, or the Board fails
for any reason to determine the budget for any
fiscal year, then the budget most recently in
effect shall continue in effect until a new budget
is determined. The Board may revise the budget
and adjust the General Assessment from time to
time during the fiscal year, subject to the notice
requirements in Section 20.14 and the right of the
Members to disapprove the revised budget set forth
in this Section 10.5.
10.6 Authority to Levy Special
Assessments and Capital Improvement Assessments.
The Association is hereby authorized to levy and
collect:
(a)
Special
Assessments to fund unbudgeted Common Expenses or
unbudgeted Neighborhood Expenses. Any such
Special Assessment may be levied against all
Units, if such Special Assessment is to fund
unbudgeted Common Expenses, or against the Units
within a particular Neighborhood if such Special
Assessment is to fund unbudgeted Neighborhood
Expenses. Except as otherwise specifically
provided in this Declaration, a Special Assessment
shall require the affirmative vote or written
consent of Members representing more than fifty
percent (50%) of the total votes appurtenant to
the Units that will be subject to such Special
Assessment, and the affirmative vote or written
consent of the Class “B” Member, if any. Special
Assessments shall be payable in such manner and at
such times as determined by the Board of
Directors, and may be payable in installments
extending beyond the fiscal year in which the
Special Assessment is approved.
(b)
Capital Improvements Assessment for the purpose of
defraying, in whole or in part, the cost of any
construction, reconstruction, repair or
replacement of an improvement, or other such
addition, upon the Properties, including, for
example, fixtures and personal property related
thereto; provided that such Assessment in excess
of the lesser of Fifty Thousand U.S. Dollars
(U.S.$50,000) or ten percent (10%) of the total
amount of the current operating budget of the
Association, shall require the vote or written
assent of a Majority of the Class “A” votes of the
Members or Voting Delegates representing a
majority of the total Class “A” votes, whichever
the case may be, except in the case of an
emergency, fire, or other casualty where, in the
reasonable judgment of the Board, such action is
necessary to prevent further material damage or to
protect against bodily injury without taking the
time necessary to obtain the approval of Members.
No action authorized in this Section 6(b) of
Article X shall be taken without prior written
consent of Declarant as long as Declarant owns a
Unit.
10.7 Authority to Levy Specific
Assessments. The Board of Directors is
authorized to levy a Specific Assessment against a
particular Unit or Units as follows:
(a) To cover the costs, including
overhead and administrative costs and charges, of
providing any additional services to a Unit or
Units that may be requested from and offered by
the Association (which may include the additional
services or facilities identified in Section
9.14). Specific Assessments for additional
services may be levied prior to the time when such
requested services are actually provided; and
(b) To cover costs incurred in bringing
the Unit into compliance with the Community
Documents, or costs incurred as a consequence of
the conduct of the Owner or occupants of the Unit,
their agents, contractors, employees, licensees,
invitees, or guests; provided, the Board shall
give the Owner of the Unit prior written notice
and an opportunity for a hearing, in accordance
with the Articles and/or Memorandum of
Association, before levying any such Specific
Assessment under this Paragraph 10.7(b). The
Board may also levy a Specific Assessment against
the Units within any Neighborhood to reimburse the
Association for costs incurred in bringing the
Neighborhood into compliance with the provisions
of the Community Documents, provided the Board
gives prior written notice to the Owners of Units
in, or the Voting Member representing, the
Neighborhood and an opportunity for such Owners or
Voting Member to be heard before levying such
Specific Unit Assessment.
10.8 Time for Payment of Assessments.
The Owner of a Unit shall be obligated to pay
Assessments with regard to such Unit beginning on
the first day of the calendar month following: (a)
the month in which the Unit is made subject to
this Declaration; or (b) the month in which the
Board of Directors first determines a budget and
levies the first General Assessment pursuant to
this Article; whichever is later. The first
General Assessment, and Neighborhood Assessment,
if any, levied against each Unit shall be prorated
according to the number of days remaining in the
month and the number of months remaining in the
fiscal year at the time Assessments commence with
regard to the Unit. The Owners shall pay
Assessments in such manner and on such dates as
the Board may establish. The Board may require
advance payment of Assessments at the closing of
the transfer of title to a Unit, and may also
impose special requirements for Owners with a
history (for e.g., two or more) of delinquent
payments. If the Board so provides, the Owners
may pay Assessments in annual, semi-annual,
quarterly or monthly installments. Unless the
Board otherwise provides, the General Assessment
and any Neighborhood Assessment shall be due and
payable in advance on the first day of each fiscal
year. If any Owner is delinquent in paying any
Assessments or other charges levied on such
Owner’s Unit, the Board may accelerate the entire
outstanding balance of all Assessments, thereby
making the full amount of such Assessments
immediately due and payable.
10.9 Personal Obligation to Pay
Assessments. Each Owner, by accepting a deed
or other instrument transferring title to a Unit
or any other portion of the Community, is deemed
to covenant and agree to pay all Assessments
authorized by this Declaration and duly adopted by
the Association in accordance with the Community
Documents. All Assessments, together with
interest computed from the due date at an annual
rate of eighteen percent (18%) or the highest rate
permitted under the laws of Belize, whichever is
lower, late charges as may be established by a
Resolution of general application duly adopted by
the Board, and the costs of collection, including
court costs and reasonable attorneys’ fees, shall
be the personal and continuing obligation of each
Owner until paid in full. At the time of the
transfer of title to a Unit, the transferee (i.e.,
the new Owner of the Unit) shall become jointly
and severally liable with the transferor (i.e.,
the previous Owner of the Unit) for any unpaid
Assessments and other charges due, but unpaid at
the time of such transfer of title. The failure
of the Board to determine Assessments or the
pro rata shares thereof applicable to each
Unit, or to deliver to each Owner a notice of such
Assessments, shall not be deemed a waiver,
modification, or a release of any Owner from the
personal obligation to pay the Assessments. In
such event, each Owner shall continue to pay the
General Assessment on the same basis as during the
last fiscal year for which an Assessment was duly
levied, if any, until a new Assessment is levied,
at which time the Association may retroactively
levy a modified General Assessment for any
shortfalls in revenue. If any Owner submits a
payment in the form of a check for any Assessments
due and payable hereunder and such check is
written on an account with insufficient funds or
is otherwise returned with a stop payment order,
in addition to charging such Owner or Owners a
Fifty Dollar (U.S.$50.00) charge for such returned
check, the Association may request and the Owner
shall thereafter make such payment and all future
payments by cashier’s check, certified check,
credit card or money order or such other form or
method of payment reasonably acceptable to the
Association.
10.10 Lien Securing Payment of
Assessments. The Association shall have a
lien against each Unit, excluding those Units
owned by Declarant, to secure the payment of
delinquent Assessments, as well as the interest,
the late charges, and any costs incurred in the
collection of delinquent assessments. Such lien
shall be superior to all other liens, except: (a)
those liens securing the payment of all taxes,
bonds, assessments, and other levies which by law
are of superior priority; and (b) the lien or
security title of any recorded first-priority
Charge granted in good faith and for value. When
such lien secures a delinquent obligation, the
Association may enforce the lien by suit,
judgment, and judicial foreclosure. The Declarant
during the Declarant Control Period and the
Association thereafter may bid for the Unit at the
foreclosure sale, and borrow the money to acquire,
acquire, hold, lease, Charge, and convey the
Unit. After the foreclosure of the Association’s
lien against a Unit, and continuing so long as the
Unit is owned by the Association: (a) no right to
vote shall be exercised on the Unit’s behalf; (b)
no Assessment shall be levied against the Unit;
and (c) every other Unit shall be charged, in
addition to its usual Assessment, a pro rata
share of the Assessment that would have been
levied against such Unit had it not been owned by
the Association. The Association may, in its
discretion, sue an Owner for unpaid Assessments
and other charges authorized hereunder without
foreclosing or waiving the lien securing such
Assessments and other charges. The transfer of
title to any Unit shall not affect the validity of
the lien for delinquent Assessments, nor relieve
such Unit from the lien for any subsequent
Assessments. However, the transfer of title to
any Unit pursuant to the foreclosure of a
first-priority Charge, or the Chargee’s acceptance
of a deed in lieu thereof, shall extinguish the
lien as to any installments of such Assessments
that were due prior to the date of the foreclosure
or deed in lieu thereof. The new Owner acquiring
title to the Unit subsequent to the foreclosure,
or deed in lieu thereof, shall not be liable for
the installments of Assessments against such Unit
that were due before such Owner’s acquisition of
title. Such unpaid installments of Assessments
shall be deemed to be Common Expenses to be
collected from the Owners of all Units subject to
the levy of Assessments under Section 10.5,
including the new Owner of the subject Unit.
10.11 No Abatement or Set-Off Applicable
to Assessments. No Owner may reduce or
eliminate such Owner’s personal liability for
Assessments by refraining from the use of the
Common Areas, by abandoning such Owner’s Unit, or
by any other means. The personal obligation to
pay Assessments shall be deemed to be a separate
and independent covenant on the part of each
Owner. No Owner may claim diminution or abatement
of the Assessments or set-off for any alleged
failure of the Association or Board of Directors
to take some action or to perform some function,
or for any inconvenience or discomfort arising
from the maintenance, repair, replacement or
improvement of Common Areas, or from any other
action the Association or Board takes or does not
take.
10.12 Certificate Regarding Payment
Status of Assessments (Estoppel Letters).
Upon receipt of the written request of any Owner,
the Association shall provide such Owner with a
written certificate, signed by an Officer, setting
forth the estoppel information or payment status
of all Assessments duly levied by the Association
against such Owner’s Unit. Such certificate shall
be conclusive evidence of payment or non-payment,
whichever the case may be. The Association may
require the advance payment of a reasonable
processing fee for the issuance of such
certificate, as established by a Resolution of
general application duly adopted by the Board.
10.13 Declarant’s Exemption from
Assessment Obligations and Option to Fund Budget
Deficits. During the Declarant Control
Period, Declarant will be exempt from the
obligation to pay Assessments, which are imposed
or are to be imposed against the Units that
Declarant owns. Regardless of Declarant’s
election—that is, to fund any deficits or exempt
itself from Assessment obligations, Declarant’s
obligations hereunder may be satisfied in the form
of cash or by in-kind contributions of services or
materials, or by a combination of thereof.
10.14 Property Exempt from Assessments.
The following land within the Community shall be
exempt from the payment of General Assessments,
Neighborhood Assessments, and Special Assessments:
(a) All of the Common Areas and such
portions of the land owned by Declarant as are
included within the Area of Common Responsibility;
and
(b) Any land dedicated to and accepted
by any governmental authority or publi