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PLANTATION ACRES
HOME OWNER ASSOCIATION PROGRAM


Every owner of the lots bought at PLANTATION ACRES, Jacó Beach, Costa Rica, must participate in the Home Owner Association Program, herein after called “H.O.A.” the same will create a restricted deed concerning all the lots that are owned, as long as the lot or lots are owned.
If the buyer would sell his or her lot, the restricted deed of H.O.A. concerning the lot must be assumed by the new buyer under the same terms and conditions that the original owner accepted before the sale was consumed. It will be the obligation of the current owner to inform the new owner of the requirements of the H.O.A. In the event of a sale the lot owner must notify the H.O.A and a copy of H.O.A. shall be provided for signature of new owners.

PURPOSE
The Neighbor Association herein after called H.O.A. is mandatory for all the lots which are bought in PLANTATION ACRES, Jaco Beach, Costa Rica.The H.O.A. was designed to protect, preserve and increase the value and the integrity of the lots and the houses located in PLANTATION ACRES providing a continued approval of the goods, the services, the personnel and the design of the houses, in order to assure security, as well as the maintenance of the lots and the revision of the building’s designs.


(A) Services to be provided:


1a. LOT MAINTENANCE:
All the vacant lots should be maintained under the current conditions and standards that were presented when the lot or lots were shown for sale. All the trees which are dead or about to die and/or trunks located in the owned lot must be cut down or removed if necessary.
The pastures must be cut on regular basis at a height not taller than 4 to 6 inches. All this maintenance must be done by the full time maintenance personnel.

2a. STREET MAINTENANCE:
The street will be maintained by the H.O.A., in a timely manner.

3a. GREEN COMMON AREAS MAINTENANCE:
The common green areas will be maintained following the same standards detailed in articles 1 and 2.

4a. ELECTRIC SERVICE MAINTENANCE:
There is a contractual agreement with the local Electric Company, known as I.C.E., which is a company that belongs to the Government of Costa Rica and is the one in charge of any maintenance that could be required.

5a. WATER:
Water will be provided by the city of Quebrada Ganado.

6a. GARBAGE DISPOSAL:
Each house shall construct independent garbage disposal areas in the front of their respected driveways which will be will be emptied and cleaned, the pastures in these areas will also be cleaned to assure the quality and image of the services and utility.

7a. SECURITY SERVICE:
Even while Costa Rica is a safe and easy-going country we believe that taking the extra measures it is prudent. In order to expand the level of security, a Guard Station and will be managed by professional personnel trained as security guards who will be sent by a respected and renowned local Security Company. These guards will give 24hs service, seven days a week, specifically to our lots in PLANTATION ACRES and will provide routine inspection of your house. This service will be granted 365 days per year.

(B) Development, construction guidelines/restrictions and Covenant running with the land/lien right.

1b. HOUSE DESIGN:
The board of directors of the H.O.A. must give approval to the final design of the houses to be built in PLANTATION ACRES. All the houses must have a permanent design; no temporary design will be accepted for the structures.

2b. ENVIRONMENTAL ASPECTS:
►All construction must comply with the ruling environmental laws in Costa Rica adjusting to the site improvement design of the land survey and existing vegetation.
►The grading of the property must complement the natural survey of the land and should not vary the natural drainage. In the case that gutters are necessary, they must be buried underground maintaining the natural slope.
►Excavated areas or embankment must not have an incline higher than 45% and must be stabilized with a retaining wall or similar.
►Cutting of the trees shall be done only where the construction will be set up and it shall not exceed 30% of the amount of trees in the lot.
►The house open areas, the complementary installations and fences must be built with materials that are attuned with the surroundings, at least 50% of them, (stone, slate, wood or combination of them). The roof must be red tiles or similar.
►The wooded open areas that do not comprise the building cannot be cut off entirely, except partially in the following cases:

  • For landscape, where the vegetation have to be native to the area.
  • For the construction of trails, gazebo and material that are attuned with the surroundings, and allow the appreciation of the woods, creeks, rivers, fauna.
  • For window openings that allow greater panoramic views.
  • In the open wooded areas, one shall not remove the vegetation, nor change the existing grading, nor pave on or around the tree roots. Any endangered or valued species (trees) must be preserved and only may be removed to another area when the construction area and the gradient and the size of the tree allows it; for reforestation or planting in your lot we have an onsite Horticulturist to help you.

►For the septic tank design and system, a percolating land proof must be performed by a recognized company, prior to the design approval from the Health Ministry.
►Every construction must hire the services of a removable latrine until the sanitary system is functioning (septic tank). Latrines cannot be built for permanent usage.
►The hunting of any type of animal species and the removal of plants in the common areas are forbidden.

3b. VARIOUS ASPECTS:
►The installation of communication towers/ relays for commercial purposes are not allowed.
►Construction materials cannot be stacked outside the property line. The cement mix has to be done within the property limits.
►Construction material leftovers cannot be dumped on common grounds, neighbor’s lots, or the designated common household trash collector.
►Water that naturally drains to your next door neighbor or common areas cannot be channeled directly to them. You'll have to come to an understanding with your neighbor and/or the Developer's Architect about the channeling of the waters.
►The drive way cannot block the development's rain gutters, nor obstruct the visibility to the road.
►Lots that have no construction on them yet, have to be kept clean from tall grass.
►The lots cannot be subdivided after their purchase for resale.
►All structures shall be painted a neutral color in the beige and tan family. A color selection is available for your preview at the manager’s office.
►The lots owners acknowledge and accept the creation of an H.O.A.'s Association and promise and agree to take part of it. Its function, amongst others will be to manage the well being of the development property not transferred to the government by the developer or properties that were not managed by the developer.

4b. BUILDING AGREEMENT:
The lot owner agrees to build their home within three years from the date of purchase of the property, and not less than 2,000 sq. feet under roof for the estate lots of 5,000m2, and 800sq meters for the Village Lots.
Maximum Height: Ground and two stories. As long as top floor does not interfere with the sight line of the upper lot holder Views of the Ocean.                                                                                                                   
Front Construction Line: 20 ft from the property line.                                                           
Side Construction Line:10 ft from the property line.                                                                                                
Rear Construction Line: 20 ft from the property line.                                                                                                                                                                         

(C) Regarding the payments to the H.O.A.

1c. MAINTENANCE FEE
The maintenance fee (TSM) will be $100.00 per month per lot which will be due and payable on the first of each month following purchase, subject to revision by the H.O.A.’s Association annually. Buyer acknowledges that access to property is ONLY granted if the maintenance fees have been paid according to this agreement. No homeowner or guest will be permitted access if HOA fees have not been paid or up to date. This policy assures all property owners that their investment will be protected with regards to the proper maintenance required.
Buyer hereby grants a lien and privilege in favor of the H.O.A.’s Association for nonpayment of fees. Buyer further acknowledges that said liens and privileges are real rights/covenants that, to the extent not paid by Buyer, serve as an encumbrance on the Buyer’s property with all rights to Association as granted by law. Developer is not responsible for payment of maintenance fees on lots that are not sold as Developer remains primarily responsible for delivery and maintenance of the property until such time these rights and obligations are transferred to the H.O.A.'s Association. A detailed breakdown of all fees and costs shall be provided annually. No shareholder or lot owner shall have access to Plantation Acres unless their HOA fees are current.

2c. FEE PAYMENTS:
The H.O.A. fee of $100 monthly should be added and delivered along with the monthly mortgage payment if applicable. The owner will be charged the 12 months of fees, the first of January of each new  year and proportioned monthly from the date of purchase to the 1st of January the following year. In other words, buyer shall deposit in P.A. Escrow HOA account, at time of purchase the pre-payment of the first years HOA fees as a security deposit. In the event of a sale, then the HOA Escrow deposit shall be credited to the buyer at time of passing of shares or title to new home owner.




Signed and accepted this the,    ______   day of ____________of 20______


X ___________________________________   X ____________________________________
Owner                                  Buyer


X ___________________________________   X ____________________________________
Witness                                  Buyer
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