Covenants, Conditions and Restrictions (CC&R's)

Vista del Cortez

A Rustic, Residential Eco-friendly Community

In the Delegation of Los Barriles, Municipality of La Paz, BCS

Carretera Transpeninsular San Lucas a La Paz, Km 115-200

Tax ID # 1-02-066-0346

Developer: K&R Investments S. de R.L. de C.V.

 

Covenants, Conditions and Restrictions

 

The following Covenants, Conditions and Restrictions are designed to maintain the value of each Vista del Cortez owner’s investment and assure the enjoyment of the use of their property. These rules apply to the owners, renters and all persons that reside in Vista del Cortez.

 

Eco-friendly developments are communities with strong and vibrant social structures, united by common ecological, economic and social values. Working with the simple principle of not taking more away from the Earth than one gives back, the Vista del Cortez Community consciously works toward progressively reducing our ecological footprint.

 

Index:

            I. Use of Land

            II. Vegetation

            III. Construction Projects

            IV. Services

            V. Signature Page

           

These rules are being provided in association with Lot # _______ of Mza # _______ on

Street name ____________________________with an area of _________ square meters ________

 

I. Use of Land

  1. The lots in the development are the private property of each owner.

 

  1. No lot within the development may be further subdivided.

 

  1. Domestic animals such as dogs, cats, and caged birds are permitted so long as they are contained within the lot, do not create a nuisance to neighbors and the animal area is kept clean and odor free.

 

  1. Trash and garbage containers, water heaters, fuel storage and water tanks, animal pens and cages, laundry areas (including clothes lines), satellite dishes and all other unsightly appurtenances must be enclosed or otherwise screened so as not to be visible from outside the lot.

 

  1. Owners with lots on the periphery of the development are required to maintain the fence along those sides of their property.

 

In order to maintain the comfort and tranquility of the owners as well as the appeal of the subdivision, the following are not permitted:

 

  1. To use the property for construction of anything other than residential purposes unless by specific, written permission of the developer and with the appropriate approvals and permits of the municipality.

 

  1. To install motors or machines that are not standard for residential services or that creates noise, gases, or odors that are a nuisance to the other owners.

 

  1. To do construction, landscaping or anything that would affect the boundaries of the lots.

 

  1. Throwing garbage in any area of the subdivision is prohibited. Garbage must be disposed of in the municipal dump at the owner's expense in a timely manner.

 

  1. Recycling is required of all plastics, metals, glass and paper.

 

  1. Garbage burial or burning of toxic materials (like plastics, metals, etc.) is prohibited.

 

  1. The use of hazardous or toxic pesticides or herbicides on soils, watersheds and gardens is prohibited.

 

  1. Dumping hazardous and/or toxic materials on the property is prohibited.

 

  1. Entering or using neighboring lots, or limiting the use of neighboring lots is prohibited.

 

  1. Parking of motor homes, campers, boats, trucks in excess of one ton, vehicles with trailers, or commercial trucks on the street for any purpose other than loading or unloading for more than a 4 hour period of time.

 

  1. Exceeding the maximum speed limit for the subdivision of 15 kilometers per hour (9 mph).

 

  1. To have animals on the loose within the development.  Residents are responsible for any personal injury or property damage caused by their pets.  Pets making excessive noise or unduly disturbing residents may be called for removal.

 

II. Vegetation

 

  1. Owners are responsible for requesting the necessary permits from SEMARNAT prior to any clearing of their property.

 

  1. Grey water should be utilized for watering landscaping.

 

  1. Rainwater should be collected and recycled for garden use.

 

  1. Landscaping should utilize native vegetation that requires minimal water such as cactus, mesquite, torotes, palms, etc. and use xeriscaping and xerogardening - practices that reduce water consumption, energy consumption and toxic chemical usage. Xeriscape plants in appropriate planting design, and soil grading and mulching to take full advantage of rainfall retention.

 

  1. Trees that are taller than 2 meters (6’ 7”) or larger than 10 centimeters (4”) in diameter may not be cut. If such a tree is located in an area planned for construction, it must be preserved and relocated.

 

 

III. Construction Projects

 

  1. Vista del Cortez zoning allows for the construction of Homes, Garages, Palapas, Pools, BBQ’s, Garden areas, Walls & fences

 

  1. Construction plans must be submitted the Developer or his representative for approval prior to permitting.

 

  1. Each of the owners will use his/her property in precisely the manner originally intended and described in these rules. They will not use the property in a manner contrary to good practices nor initiate any use that would disturb the tranquility of the other property owners or endanger their health, security, or quality of life.

 

  1. The area of construction may not exceed 20% of the total surface area of the lot.  This does not include pools, palapas, and sidewalks.

 

  1. Fixed construction of two story homes is allowed, but cannot exceed 9 meters in height (29’6”) from the highest point on the unaltered lot.  Additionally, no two story structure can be built such that it blocks the ocean view of the neighboring parcel.

 

  1. No permanent construction will be made within 10 meters (33’) of the street(s) or 3 meters (9’11”) from all other property boundaries.

 

  1. Dividing walls, fences, and perimeter walls shall not exceed 2 (6’7”) meters in height.

 

  1. Each owner must provide for the off-street parking of at least 2 vehicles.

 

  1. Installation of toilets, sinks and showers with low water consumption is required.

 

  1. Low-energy light bulbs should be utilized throughout the house.

 

Architects and builders are encouraged to incorporate energy efficiency considerations into every building design. Design elements that promote sustainability should be utilized including

 

  1. Passive solar radiation to reduce building heating needs, such as south-facing windows.
  2. Cellulose insulation (made from recycled paper).

 

  1. Non-toxic organic paints and wood preservatives throughout.

 

  1. Boarding manufactured without the use of toxic glues or resins.

 

  1. Locally grown and harvested timber from managed forests.

 

  1. Local stone for skirting, patios and pathways.

 

  1. Roofing with natural clay tiles.

 

  1. All outdoor lighting must be shaded and adjusted so the light is directed to fall only on the same premises where the source is located.  Minimal wattage is recommended.

 

  1. All air conditioning equipment must be hidden from view.  No units will be allowed to be installed in the windows.  The units must be through the wall/permanent installations.  The location of remote compressors, condensers, and generators must be located so as to minimize the noise to adjoining homes.  Sound baffles will be installed as required.

 

  1. All rainwater must be discharged into the nearest rainwater drainage system or the street.  It will be the sole responsibility of each lot owner to design their rainwater drainage system so there is no damage caused by erosion to the owner’s lot or any lot in the development.  It is absolutely forbidden to discharge any rainwater of any nature from one lot onto another.  During construction, it will be the sole responsibility of each lot owner to prevent the erosion of his/her property and to prevent the flow of any runoff onto any other lot.  All runoff must be directed to the nearest drainage canal or into the street.

 

  1. Dramatic changes to the topography are not permitted. Owners must adapt their projects to the terrain.

 

  1. Owners may place a trailer, camper, motor home or other types of recreational vehicle or “Temporary vehicles” on their lot only during the construction stage, which, for these purposes, shall not exceed 24 months. Thereafter, all such temporary vehicles must be enclosed within a permanent structure.
  2. Temporary vehicles will be placed no closer than 3 meters (9’9”) to the neighboring lot.

 

  1. All owners must provide sanitary facilities for the construction crews during the construction phase.

 

  1. It is prohibited to block streets or walkways with trash or construction materials during the construction period.

 

  1. No construction will be permitted before 7AM and after 7PM.

 

  1. All waste and debris generated by construction projects must be transported to the local landfill at the owner’s expense.

 

  1. Homes shall be painted in earth tones or natural colors. Or approved by the developer until the Homeowners Association is formed.

 

  1. Any type of construction that is not meant for habitation or does not suit the above-mentioned uses, must have the permission of the developer and the office of the Ayuntamiento (City Council) in La Paz, BCS.

 

  1. In all cases not expressly stated in these rules, the buyers, owners, or renters residing in Vista del Cortez will uphold the letter of this agreement and the rules of the Ayuntamiento of the municipality of La Paz, BCS.

 

IV. Services

 

  1. The water provided by the development is for domestic use only.

 

  1. The expense of maintaining the well, water pila (common water storage), access road, and common areas will be shared between all property owners based on the cost of maintenance, divided by the total lots in the subdivision, multiplied by the number of lots owned.

 

(Cost of maintenance / total number of lots X number of lots owned by individuals = portion of maintenance due per lot owner.)

 

  1. All homes must have a water storage system on the lot. Each owner will be responsible for installing a meter and will be charged for water commensurate with their usage. Swimming pool water must be delivered by truck at first filling so as not to deplete the common storage.

 

  1. Each lot owner is required to install a septic system. All wastewater, including toilets, showers, washbasins, and washing machines must be connected directly to the septic system.

 

  1. Grey water should be utilized for watering landscaping.

 

  1. 110-220v Power is provided in the manhole in front of each lot. Owners are responsible for installing appropriate meters and applying for individual contracts with the electric utility (CFE). Solar power is encouraged. Panels must be located discreetly so as not to detract from the view of other property owners.

 

  1. The developer will maintain the streets and common areas until 20% of the are sold. At that point an Owner’s Association must be formed that will responsible for ongoing maintenance.

 

  1. Owners agree to pay the fees assessed by the Owner’s Association.

 



 

 

SIGNATURE PAGE

 

Vista Del Cortez

Covenants, Conditions, and Restrictions

 

 

The above listed covenants, conditions, and restrictions are established herewith in order to protect the use, enjoyment, value and appreciation of each lot of all the owners. Each owner is responsible for insuring that he/she, his/her family, guests, renters, and all others on his/her property, abide by these C.C.&R.’s here in.

Owner(s) hereby acknowledges that they have read, understand, and agree to abide fully with the C.C.&R.’s here in.

 

 

________________________________            __________________________________   ______________

Owner Name                                                            Owner Signature                                                Date

 

 

________________________________            __________________________________   ______________

Owner Name                                                            Owner Signature                                                Date

 

_______________________________________________________________________________________

Address                                                                        City                                                 State                         Zip

 

______________________________________                        ______________________________________

Telephone                                                                                    Email

 

__K&R Investments S. de R.L. de C.V __            __________________________________   ______________

Developer                                                            Developer Signature                                                Date