GRAND VIEW ESTATES Covenants, Conditions, and Restrictions





ARTICLE ONE: MEMBERSHIP PRIVILEGES TO COMMON GROUNDS, GOODS AND SERVICES.   Grand View Estates (GVE) Landowners will have full privileges to all common grounds, and services. In return for these privileges, GVE Landowners will be assessed annual HOA (Home Owner Association) fees of to be paid annually. Landowner’s will pay $600 annually or $50 monthly until such time as construction on the property begins or 5 years pass, whichever occurs first, at which time annual fees will increase to $1500 annually or $ 125 monthly. If building occurs during any calendar year, the differential in annual fees will be accessed pro-rata. Annual fees must be paid in advance by January 31, or upon completing the purchase of a lot directly from Tierra GVE or an individual owner. Each year an annual shareholders meeting must be held within the first three months of each calendar year. Expenses of the Administrator upon execution of his/her duties. HOA fees shall be paid at the Administration Office of GVE or assigned Governing office there of, in dollars, currency of legal tender of the United States of America, or in colones according to the current exchange rate on the date of payment.

ARTICLE TWO: COMMON GROUNDS AND SERVICES.   The following are considered common grounds, goods and services: GVE equipment and services located in common areas is provided by means of easements for purposes of installation, inspection, alteration, substitution, repair, maintenance and in general for any other legitimate purpose required by the proprietor of the equipment, GVE, or the Administrator.   *Storm-water drainage areas   * Waste Collection   *Main installations and premises of central services such as windmills, solar panels, electricity, lighting, telephone, gas, water, water pumps, and wells.   *Common recreational areas for residents and guests.   *Green areas, parks, rivers, walking trails, horse trailers, estuary, common grounds and other featured open spaces.   * Community Center, Pool, and all directly related amenities        In addition to the above mentioned common areas, other common spaces include those areas that are necessary for the existence, operation, safety, health, conservation, access, cleanliness and decoration of the land, internal access roads and other installations related to water, fences, and any other structure indicated in the plans and considered to be common areas according to the Regulating Law on Property and other applicable legislation.

ARTICLE THREE: MAINTENANCE OF COMMON AREAS.   Each Landowner, through HOA fees will contribute to the payment of common expenses that are necessary for the good operation of the lands. The HOA fee shall be collected by the Administrator. If a Landowner does not pay the HOA fee, the Administrator is entitled to proceed in accordance with these Regulations, the Law and common legislation. Monies from the HOA fee, in excess of all incurred costs, including past deficiencies, will be paid into a reserve fund fee. The HOA fee may vary annually; any changes will be discussed and voted on at the annual HOA meeting. The HOA Fee shall be paid in advance annually. At time of closing on newly purchased lots the landowner will pay prorated the current years fees. In the case where a Landowner does not pay the HOA fee on a timely basis, the Administrator has the right to request payment in written form, indicating that if the landowner does not pay within twenty business days, an additional charge of twenty percent of the HOA fee, when applicable, shall be charged as a penalty and the Administrator may enforce this payment by means of a judicial proceeding. This penalty fee shall be charged for each noncompliance of the payment of the maintenance fee and access to all recreational common areas will be withdrawn while the landowner is in noncompliance.

ARTICLE FOUR: COMMON EXPENSES.   Common expenses include, but are not limited to, the following: (i) National or municipal taxes and fees that affect the common property. (ii) Expenses due to administration, maintenance and housekeeping of the common areas of the community. (iii) Expenses due to maintenance of special services in the common areas of the community, such as but not limited to public lighting, irrigation systems, water, telephone services, and electricity consumption for common services. (iv) Expenses to maintain all un-purchased lots. (v) Costs of renovations, repairs and/or improvements made in the Community or in its common areas that were approved by the Construction Committee, as well as any other work demanded by competent public authorities. (vi) Reforestation efforts.

ARTICLE FIVE: RESERVE FUND.   All unused money from the total HOA fees account will be deposited in a reserve fund to be used to cover unforeseen administrative or common areas maintenance expenses.

ARTICLE SIX: INSURANCE.   The Administrator will purchase insurance policies to adequately cover and protect the employees of the community, such as the employment risks insurance and social security insurance. This will occur on or before the full service staff of GVE has been implemented.

ARTICLE SEVEN: PETS.   (i) Landowners or authorized dwellers are allowed to have domestic pets, such as dogs and cats, in their homes as long as these are not raised or bred for commercial purposes and are not considered a nuisance or danger to the rest of the dwellers. Horses are authorized on all common roads and residents properties, per approval of each individual resident. (ii) Other animals that behave as wild animals or are noxious or threatening to humans are not permitted in any area of the community. (iii) Landowners must keep their pets inside their properties or on common roads. Pets must never be allowed to run loose in the common park or pool areas unless they walk with their owners who must always keep them under control. (iv) Every Landowner or authorized dweller is responsible and has the obligation to clean, protect and collect any droppings left by his, his guests’ or others’ pets in any area of the properties. (v) Any pet that annoys, disturbs or is a nuisance to the rest of the community or authorized dwellers is considered noxious. (vi) Breaches to any of these provisions authorizes the Administrator to ask the Landowner or authorized dweller to remove the pet from the community.

ARTICLE EIGHT: SECURITY.   (i) The Administration of the GVE shall provide 24-hour security for the community entranceway, and all common areas and to respond to home alarms for residents. (ii) Should the Landowner wish to hire surveillance services from another company, in addition to the surveillance services hired by the Administration for the entire community, said company must be approved by the Administrator. Despite these initiatives, GVE cannot guarantee against loss of property.

ARTICLE NINE: GARDENS AND GREEN AREAS.   (i) The Administration of the community shall provide landscaping design and maintenance services either directly or as a sub-contractor to all common areas. (iii) The Landowners are not allowed to modify in any way the landscaping in the common areas or easements in the community or within 3 meters of property borders that are adjacent to common roads. (iv) Landowners are allowed to have plants of any type in their interior gardens as long as the plant height and root structure poses no unreasonable interference of view to other buildings nor unreasonably invade or soil neighboring properties. (v) Landowners are allowed to plant fruit or ornamental trees on their property preventing, as much as possible, its foliage from invading neighboring properties. (vi) Landowners must equal or exceed maintenance standards generally prevailing throughout the Community. (vii) Should the Administration consider that any Landowner fails to keep the property in adequate conditions, the Administration shall give written notice of the non- compliance to the Landowner and will provide a term of ten working days to correct the deficiencies pointed out by the Administration. If after the term of ten days, the Landowner has not complied with the Administration’s indications, the Administration shall provide the necessary maintenance and charge the Landowner for the costs plus twenty percent with payment due immediately. By accepting these Regulations for this purpose. (ix) The Landowners are allowed to provide their own maintenance to the gardens of their affiliated properties, to hire the Communities maintenance company or any other similar company for such purposes. (x) If an outside company is hired the corporate name and workers names must be supplied to the Administrator.

ARTICLE TEN: COMMUNITY CENTER.   (i) To be utilized and enjoyed by all residents who pay their HOA dues accordingly, which will be utilized to maintain and provide capital improvements for these amenities (ii) The Community Center will offer a covered rancho, pool, possible Jacuzzi and fitness facility in the future, common areas to be utilized for dinners, cook-outs, meetings, parties, dances. Hours for the center are 8 AM to 10 PM seven days per week. (iii) The multi-faceted facilities can be reserved with 15 days advance notice to the Administrator, and if all residents of the community approve (v) Formal Rules for each component will be posted for all residents.

ARTICLE ELEVEN: POTABLE WATER SUPPLY.   The Administration of the Community shall provide potable water distribution Services at the time of purchase, either directly or as a sub-contractor. Maintenance of the water shall be taken from the HOA funds if available, if no funds are available each participating land owner shall be responsible and pro rated for the costs of repairs for the proper water distribution to the community. If a Landowner fails to comply with the duty to pay the water distribution service, which will be equal or less than the cost of similar services from the local water commission, the Administrator and the company that provides the potable water distribution service may exercise all legal remedies, including but not limited to, suspension of the water service to the Landowner in default in accordance with Costa Rican law, to require compliance with the duty to pay.

ARTICLE TWELVE: WASTE COLLECTION.   Trash must always be discarded into adequately placed bins or containers located on the common grounds, but first placed in plastic bags.

ARTICLE THIRTEEN: COMMUNITY RULES   (i) Respect and abide by these Regulations, abide by the provisions of the Administrator and the Committee, pay the HOA fee that may include each and all the amounts established in the Regulations and the payment of services. The lack of payment of the HOA fee gives the Administrator the right to judicially request its payment. The owner shall comply with all the obligations set forth under Costa Rican law, the Law, the Regulations and the provisions set forth by the Administrator and the Construction Committee. In case of violation or noncompliance of said provisions, the Administrator may require compliance, as well as payment of the amounts, deposits or penalty fees owed, either administratively or judicially by means of the remedies provided by the Regulations, the Law and the common legislation. The Landowners shall not be allowed: (ii) To destine the affiliated lot and common areas for uses or purposes against the law, good usage and the provisions stipulated in the Regulations. The Landowner shall destine the affiliated property for residential and dwelling purposes only. The Landowner will be authorized to lease his property in his absence, if the standards set forth by these Regulations are maintained, and one lot will be granted the ability to construct a bed and breakfast or similar type structure which will contain no more than eight rooms and an owner’s home. (iii) To store, keep and/or deposit in the properties any type of explosive, and/or suffocating material that is either dangerous or produces annoying fumes. (iv) To place materials, merchandise, furniture and/or objects in the affiliated property and in common areas of the properties, jeopardizing the appearance, cleanliness and/or decoration of the properties or causing damage or disturbance to other users, or to obstruct or interfere with the use of said areas. (v) To place logos, signs, publicity, advertising banners, awnings, plaques, furniture, plant pots or any other object in the common areas. (vi) To produce or allow disturbances and/or noise that jeopardizes the community’s peaceful environment. (vii) To throw liquids and objects outside the affiliated lot. (viii) To discard garbage or waste in ways other than stipulated. (ix) To use common green areas to wash/clean cars, furniture or any other object. (x) Parties in common areas are not allowed in the places, dates and hours indicated by the Administrator. (xi) To request personal services from the GVE’s employees without the Administrator’s authorization. (xii) To disregard the provisions of the Law on Transit over Public Ways which shall be mandatory, as applicable by analogy, for the owners and any resident of the community. (xiii) To park vehicles in spaces not destined for such purpose. In addition, to park commercial vehicles to be understood as all vehicles over four wheels, vehicles on which commercial equipment is mounted as well as any vehicle bearing signs referring to any commercial activity, equipment, boats, trailers or any kind of recreational vehicle in any place in common or private area of the community except on owner property where the vehicle shall not be visible. (xiv) To call any dwellers or guards attention by honking the horn or using it unnecessarily. (xv) To produce any noise that might affect or bother other property owners. (xvi) To temporarily or permanently live in or keep motor homes, tents, awnings or any other structure other than those used during construction of a living unit. Such structures shall not be placed on the lot until construction has begun and its location shall be authorized and indicated by the Construction Committee. Removal of such structures shall be required upon completion of the construction. (xvii) To fail to trim any plants growing on the property prior to construction. The owner must maintain the lot so the property blends in with the community’s surroundings. Failure to do so will allow the Administrator to give maintenance to the lot so it blends in with neighboring surroundings and to charge the Landowner for the corresponding expenses plus twenty percent. If a Landowner violates this provision more than once in the same calendar year, the fines applicable to violations of the Regulations shall apply. (xviii) To infringe upon the wetlands of the property, including the rivers, creeks, lagoons, lakes, marshes, mangroves, swamps or any other similar places located within the property, with any type of construction or motorized vehicle. (xix) To build fences or walls to enclose, define or mark the private area of the lot or the common areas. Any construction of walls must be previously authorized by the Construction Committee in accordance to the Regulations and the dispositions of said Committee. (xx) To keep any debris caused by fire, hurricanes, and storms or by any natural disaster, or major force, or act of God for more than three months. (xxi) The Landowner may not use any access or exit to the affiliated property other than the common areas that directly connect the affiliated property to the public road. (xxii) Abandon or leave construction unfinished for a period longer than ninety days. (xxiii) Disregard the rules or regulations set forth by the Administrator.

ARTICLE FOURTEEN: COMMUNITY TRUST.   Grand View Estates is designed to be an integrated part of the local community. To assist that a goal of voluntary donation collected annually will support a trust that seeks to provide financial and educational support to local ventures, residents, security and entrepreneurs including a contribution from the reserve fund when available.


ARTICLE ONE: BODY OF THE COMMUNITY.   The governing and administration body of the Community is integrated by, (i) the Administration and (ii) the Construction Committee.              

ARTICLE TWO: ORDINARY AND EXTRAORDINARY MEETINGS.   Ordinary meetings of the Community shall be held once a year within the first three months after the close of the calendar year. Extraordinary meetings shall be held whenever requested by the Administrator, the Construction Committee or the Landowners as long as they represent at least a third of the total number of landowners. Meeting requests shall be addressed to the Administrator who shall issue the notice of the meeting within ten working days after said request. Meetings shall be held at the place indicated by the Administrator in the Community.              

ARTICLE THREE: NOTICE OF MEETINGS.   The Administrator shall convene the meetings. The notice shall specify the time and place as well as the agenda of the meeting. The notice shall be a written memorandum sent to each Landowner at the e-mail address registered by the Administration of the Community within no less than fifteen natural days before the time set for the ordinary or extraordinary meeting, not counting the day of delivery nor the day of the meeting.

ARTICLE FOUR: POWERS OF THE ADMINISTRATOR.   (i) The Administrator acts as the legal representative of the community and has powers to represent it in all judicial and/or administrative matters that may arise in relation to the community and shall have general powers of attorney. The Administrator may exercise administrative and judicial actions against the Landowners or occupants of the Community in case of violations of Costa Rican law, the Law, the Regulations, the easements that bear upon the affiliated properties, its own provisions and/or the decisions of the Construction Committee; and demand payment of the HOA fee. And the amounts indicated by the Regulations. The Landowner’s failure to pay the HOA fee and the amounts included in it shall entitle the Administrator to judicially demand their payment. In addition, the Administrator may have the power, when so granted, to represent each of the Community Landowners, in their absence, in each and all of the ordinary and extraordinary meetings. To vote on agreements requiring unanimous voting or any other voting required by the Law on Community Property.              

ARTICLE FIVE: DUTIES OF THE ADMINISTRATOR.   The duties of the Administrator are: (i) To abide by and enforce the Regulations, to verify any violations and to act upon the violator according to the granted powers. (ii) To implement the resolutions of the Community Landowners Assembly and the Construction Committee. (iii) To convene the meetings of the Community Landowners Assembly. (iv) To deliver the annual report of the year passed, the budget of common expenses for the coming year and the corresponding calculated proportional Maintenance Fees to every Landowner at least five natural days prior to the date of the annual Community Landowners Assembly. (vii) To collect the HOA Fees from Landowners to cover common expenses and the reserve fund for the payment of the services corresponding to each Community Landowner. (viii) To certify any due payments of a community Landowner and to certify the amount of the HOA fee. (ix) To pay the common expenses of the Community from the corresponding funds as well as any special expenses required to provide adequate maintenance to the Community, keeping it in good conditions of safety, comfort, cleanliness and decoration. (x) To hire and pay for any special repair carried out in common and service areas, previously authorized by the Construction Committee. (xi) To inspect the Community and the affiliated properties whenever required for the execution of work that benefits the Community. (xii) To keep the Community in adequate conservation, cleanliness and hygiene conditions and to assure good working conditions of the Community machinery and equipment. (xiii) To hire and dismiss, at his/her discretion, the necessary employees to attend the Community. (xiv) To command, direct and supervise the work of the employees of the Community and to enforce compliance to their duties. (xv) To keep and have custody of the three legal books of the Community, namely: a Cash Book used to enter daily common expenses and income derived from the Community owner’s contributions or from other sources. A Minute Book to record the minutes and resolutions of the Community Landowners Assemblies. A Community Landowners Record Book used to keep an updated record of the names, last names and addresses of all the Community Landowners. The Administrator must keep updated information in all the books. (xvi) To keep custody of title deeds and any other documents related to the community as a whole. To represent the Community, either directly or by means of a proxy, before any public administrative, fiscal, police, municipal and/or judicial, local and/or foreign authority, in any claim, action or matter of interest to the Community Landowners or to the Community. (xvii) To select and hire, to his/her discretion, the companies that shall provide services to the Community including security, maintenance of gardens and common areas, potable water, and any other necessary service for an adequate operation of the Community; and (xvii) Any other duty appointed by the Landowners or the Construction Committee. (xviii) The position of Administrator will be salaried and must be voted on at the yearly HOA meeting.            

ARTICLE SIX: THE CONSTRUCTION COMMITTEE.   The Construction Committee shall acknowledge and resolve all aspects related to the interpretation and application of the Construction Regulations and, in general, all matters related to architectural and construction aspects of the Community. The Construction Committee may execute or enforce its approval and disapproval decisions by the legal means allowed in the legislation, the Regulations and the easements and property rights imposed upon the Community. The construction of any structure that is carried out and violates the Regulations and common legislation does not generate liability for the Committee or its members.              

ARTICLESEVEN: COMPOSITION OF THE COMMITTEE.   The Construction Committee shall consist of three members, including two Community Landowners, who are elected for a term of two years after which they may be re-elected. The Administrator shall appoint one member to the Construction Committee. The Administrator shall appoint the substitute of one or more of the members of the Committee in case of absence. The Committee shall meet every month if they have business to attend and shall have extraordinary meetings whenever called by any of its members by means of a written memorandum delivered at least five working days in advance. The Committee shall keep a book to enter the minutes of the meetings, stating the place and date of the meetings, the names of the participants, detailed agreements and number of votes. Any of its members may ask to record his/her dissident vote and the reasons for it.  

ARTICLE EIGHT: DUTIES.   Among others, the Committee will have the duties and obligations stipulated in the Construction Regulations, as follows: (i) to review that the plans, design and the constructions, gardens and any other structure erected on the affiliated properties fully abide by the regulations, (ii) to denounce and to have the Administrator take legal administrative actions against any Landowner who fails to abide by said dispositions, (iii) to review and approve all construction plans prior to any construction process, (iv) to propose improvements and constructions in common areas for the benefit of all Community Landowners, and (v) to provide a list of suggested construction companies authorized to build in the Community and define, at its discretion, the requirements for its authorization, (vii) any other duty appointed by the Administrator.      


ARTICLE ONE: URBANISTIC REGULATIONS.   The Community as a whole and the affiliated properties as individual units shall abide by the urbanistic dispositions and restrictions contained in the permits of the Costa Rican Law, the approved House plans, the present Construction Regulations, the approval from the construction and additions or alterations plans by the Construction Committee, and the ecological and view easement and encumbrances that will be constituted in this public deed of constitution of Community. Construction works may be carried out, if previously and duly approved by the Committee, Monday - Saturday, and between the hours of 6 AM – 5 PM. Nevertheless, the Committee may restrict or establish a working schedule for the construction companies for any work that a Landowner may need to carry out.              

ARTICLE TWO: TYPE OF HOUSING.   (i) To assure that the Community as a whole be exclusively intended for residential purposes, the only allowed constructions in each of the affiliated properties shall necessarily be dwelling units whose plans, construction works and additions and alterations work are necessarily approved, without exception, by the Construction Committee. (ii) The architectural styles known as Spanish: including Colonial, Baroque, Hacienda, Spanish Mission and Colonial Revival are the suggested construction styles. All building must have terracotta roof tiles or imitation roof tile known locally as (Sinteja) and be of color red. Colors of houses must be approved by the construction committee prior to construction, repair or remodel. (iii) Each Community Landowner is obligated to and responsible to comply with the type of construction allowed in terms of design, which shall be exclusively approved by the Construction Committee. (iv) The Landowner must accept and abide by the pertinent plans that were approved by the Construction Committee in order to start construction work. Failure to do so allows the Committee and/or the Administrator to enforce the legal actions stipulated in the Regulations and in the rules of the Community, including, but not limited to, laws and decrees to request the interruption and demolition of the work, fines and indemnities.              

ARTICLE THREE: MINIMUM AREA, CONSTRUCTION AREAS AND MAXIMUM COVERAGE.   (i) A minimum size of house construction of 1400 square feet of livable space. The maximum amount of land coverage construction foot print to comply with local municipality regulations for the corresponding lots size is allowed in the Grand View Estates community. In the calculation of the maximum construction area, all projections that extend from the perimeter or exterior wall from which they begin shall be included. The maximum construction height for enclosed living space is nine meters from the foundation to the highest peak of the roof. No more than two physically separate units will be allowed per lot, including a primary residence and the second unit being no larger than 35% of the size of the primary unit. This would include all guest houses and/or garages. (iii) No type of construction shall be located within the lot’s approved setbacks. (iv) Roof overhangs shall not extend over the authorized setback line.

ARTICLE FOUR: SETBACK LINES.   (i) Side, front and back construction setbacks must be at least 10 meters. Lots adjacent to community roads are exempted from this rule and shall abide by the setbacks established in these Regulations in article seven. In case of doubt about which property line is side, front or back, the Construction Committee shall resolve it. (ii) Should there be any trees within the setback lines of the property, their removal must be prevented unless unavoidable due to topographic reasons or to the shape of the affiliated property. (iii) Setback includes all septic tanks and corresponding leach fields.              

ARTICLE FIVE: LOCATION OF CONSTRUCTIONS   (i) To assure the protection of panoramic views and special topographic conditions of the neighboring properties, the Construction Committee must approve the exact location of each building. (ii) The location of constructions must imply the least possible disturbance to the natural conditions of the surrounding environment and must be staggered from other dwellings on the adjoining property. (iii) Upon the approval of the plans, the Committee may restrict, at its sole discretion, the use of certain architectural elements that affect the privacy or view of neighboring constructions.              

ARTICLE SIX: FACADE AND EXTERIOR DESIGN   (i) The exterior colors on the buildings must be “earth tones”. The use of other colors requires the consent of the Construction Committee. The Committee has the right to deny the approval of the color of a facade if it fails to blend in with the Community and its natural surroundings, at its sole discretion. . (ii) Vinyl, aluminum, zinc, or any other material not customarily associated with the Spanish architectural styles allowed shall not be permitted. (viii) All structures located apart from the main building, such as, but not limited to saunas, BBQ’s, gazebos, greenhouses, spas, Jacuzzis must be within the property lines and must be compatible with the main building in terms of style, color and materials. (ix) Lot landscaping must blend in with the surrounding environment. (xii) Revetments, retaining walls and bulkheads must be designed and certified by an engineer and must be approved by the Committee prior to installation. (xvi) Publicly exposed statues require the approval from the Committee prior to installation. (xvii) The Landowner shall submit to the Committee a scaled drawing of the affiliated property lot showing the existing constructions and buildings, as well as the proposed location, dimensions and colors, equipment and accessory structures. (xviii) No tree, either healthy or diseased, with a trunk diameter of twenty or more centimeters as measured at a point one meter and twenty five centimeters above ground level may be cut or removed, without the Committee’s authorization, its approval may be denied at its sole discretion. Additionally, there must be authorization from the corresponding authorities to cut or remove the trees. (xviv) All exteriors shall consist of all natural building materials, such as stone, brick, concrete or wood.            

ARTICLE SEVEN: PUBLIC EASEMENTS FOR INFRASTRUCTURE, UTILITIES, HORSE TRAILS AND COMMON ROADS   A public easement for all common or public roads will be 7 meters. In addition to the 7 meters, an additional 3.5 meter public easement on both sides of all common roads in the community shall be applied to all properties adjoining to these areas or boundaries. This will apply to all land owners and residences that have property lines bordering any or all of these common roads or areas. This easement will be for the placement and maintenance of all electrical, water, telephone and cable utilities, water drainage and horse trails for the community. All property fences built along the common road access areas must respect the 10 meter setbacks and be approved by the construction committee.        

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