Tropical Sunset Estates
COVENANTS, CONDITIONS, AND REGULATIONS
(CCR) 

COVENANTS, CONDITIONS AND RESTRICTIONS

All property owners herein agree to the following Covenants, Conditions, and Restrictions.

1. With the approval of the construction plans, up to date payment of the monthly fees, and the fulfillment of the other conditions herein established, the Association promises to provide to the Owner services consisting of the following:

• An electrical connection to the lot line.
• A Community center/club house, pool when completed.
• Cleaning and maintenance of the grounds and access roads to the project.
• Maintenance and repair of roads inside the development.
• Maintenance and repair of all common areas.

2. The Lot and buildings are to be dedicated only for residential use.  No commercial, services, or industrial use is permitted in the Lot or in the buildings.

3. Noise levels:  It is prohibited to conduct noisy activities inside any property which may generate more than seventy-five decibels, unless temporarily occurring during construction.

4. Hanging clothes and linen on clothes lines:  The view cannot be hindered by the hanging of clothes and linen.  The hanging of clothes and all types of linen on houses located in the properties shall be made at the back, or in an enclosed area, in order that it may not be visible from the rights of way or the adjacent properties.

5. Storage of chemical, fuels, or unsafe substances is prohibited aside from those routinely used for maintenance.

6. Vehicles of more than three axles are prohibited, except when being used for construction or maintenance within the property.  All vehicles on the property must be in working order.

7. Temporary or removable structures may not be installed.  This includes, but is not limited to, mobile homes, RV’s, tents, house trailers, or similar facilities or structures shall not be kept, placed or maintained upon any private area at any time; provided, this paragraph shall not apply to temporary construction shelters.

8. Maintenance of the right of way:  All the owners who enjoy the rights of way established for reciprocal enjoyment are required to contribute to their maintenance in order to keep them in good condition, as well as to their repair and preventive conservation, by paying fees to be contractually regulated.  The rights of way may become public roads in the future.  If this occurs, governmental regulations will apply.

9. Initial development of common areas, including, but not limited to, monuments, hiking trails, and community center, is at the discretion of the Developer.  Initial development is defined as construction.  The Developer shall not be responsible for maintenance of common areas.

10. Every Member and his immediate family shall have a non-exclusive right and easement of enjoyment into the Common Areas.  The Association, at its sole discretion, may from time to time grant easements and rights of way on, across, under, and over the common areas to any district or other entity providing water, sewer, gas, electricity, telephone, cable television, or other similar services to the Properties.  A Member is fully responsible for the actions of his family and his guests, employees, licensees, lessees, or invitees.

 

11. THE ASSOCIATION
    • The Association, through its Board of Directors, shall perform functions and manage the Properties as provided in this declaration so as to further the interests of the residents of the properties and Members of the Association.  Any purchaser of a lot shall be deemed to have assented to, ratified, and approved such designations and management.  It shall have all the powers necessary or desirable to effectuate such purposes.  The affairs of the Association shall be managed by a Board of Directors which may by resolution delegate authority to a Managing Agent for the Association.
    • Each Member of the Association agrees to pay the Association certain assessments to be fixed, established, and collected form time to time as herein provided.  Such assessments, together with interest and the costs of collection in the event of delinquency in payment, shall be the personal obligation of the person who was the Member at the time when the assessment was made.
    • The assessments levied by the Association shall be used exclusively for the purpose of promoting the health, safety, and welfare of the residents of the properties and the Members of the Association, which include, but are not limited to, the following:  the expense of repair and maintenance of the common areas, to provide casualty and public liability insurance for the common areas, including the recreational facilities located thereon, and for any other purpose reasonable, necessary, or incidental to such purposes.  Such assessment shall include the establishment and maintenance of a cash reserve and a sinking fund for all of the foregoing purposes, including, but not limited to, an adequate reserve fund for the maintenance, replacement, or repair of those elements of the common areas which must be repaired on a periodic basis.
      • In the event repairs are required resulting from negligent acts of a Member, the Member’s family, guests, employees, invitees, or lessees, the Association shall be reimbursed forthwith by such Member thereof.
    • In addition to the assessments authorized above, the Board may levy special assessments for the purpose of defraying the costs of any construction or reconstruction, unexpected repairs or replacement or capital improvements.
    • All assessments shall be due on the agreed upon date.  The payment will be considered delinquent after thirty days.  Nonpayment of assessments may result in reasonable late charges as determined from time to time by the Board.

12. Timber Cutting, Extraction of Materials and Mining:  The cutting of trees, branches, and foliage is prohibited.  The extraction of timber from properties related to the easements for commercial purposes, thus destroying the natural forest, is prohibited.  No mining, quarrying, tunneling, excavating, or drilling for substances within the earth shall be permitted within the limits of the Lot or common areas.  The only exceptions shall be the properly authorized excavations required for the construction of approved improvements.  In addition, no items may be removed from any areas designated on the property as primary jungle or rainforest.

13. Conservation of Fauna:  It is prohibited to hunt any animals anywhere in the development.  Torture, captivity, extraction, commercial exploitation or damages to their habitat or to the animals themselves is prohibited. Natural barriers to prevent the entrance of animals into the buildings is allowed.

14. Domestic Animals:  The free roaming of domestic animals is prohibited.  Only domestic pets including dogs, cats, birds, or small encaged animals are allowed.  Pets will be kept in such a way that they do not cause any sonic or odor and so that they do not roam through other properties or in common areas.  Domestic pets will only be permitted to stay with the houses, within the permitted enclosed areas under due vigilance, or on a leash accompanied by a person who can control them.  Breach of this rule will cause a fine of One Hundred Dollars ($100.00) payable to the Association for each violation.

15. Garbage:  Garbage cans/bins shall be kept inside the carport and hidden from view, except on collection days.  It is also prohibited to deposit or throw garbage in rights of way, adjacent or neighboring properties, rivers, brooks, waterfalls and springs, or at any place of common enjoyment in the properties related to the easement.

CONSTRUCTION

16. No lot within Tropical Sunsets can be split, unless with the written approval of the Association.  No two or more lots within shall be consolidated into one lot unless written approval has been obtained by the Association.  The Developer has the right to consolidate lots.

17. Prior to start of any construction or remodeling, the corresponding approval must be obtained with proper government permits and legal obligations as per Costa Rican laws.  All designs must be presented to the Developer or the Association and approved before construction can begin.

18. No permanent structure can be built within three (3) meters of the property line without Association approval.

19. Approved construction must be completed within twelve months of initiation, unless there are unforeseen circumstances.  The Developer or Board of Directors of the Association will assure that proper remedial steps are taken if the construction exceeds 12 months.

20. No construction material may be placed on roads, neighboring properties or any other areas.

21. No noisy construction shall occur between 7:00 p.m. and 7:00 a.m. Monday through Saturday and not at all on Sundays.

22. All tanks, water tanks, or similar storage facilities shall be constructed as an integral part of the main structure of the residence or shall be installed or constructed underground so that the structure will be hidden from view.

23. Building materials shall be stored on the building site.  Materials shall be secured in such a manner as to resist movement from wind.

24. Septic Tanks:  The discharge of human solid waste in any stream, brook, spring or water source is prohibited.  All human solid waste shall be treated by means of a septic tank to be built in accordance with the specification contractually agreed upon.  Each building must have its own septic system to treat sewage; proper system must be installed to capture and dispose of gray waters and the necessary grease traps must be installed.  Gray water is all used house water, excluding that used in toilets.

25. Waters: With regard to natural waters or water bodies, the alteration of streams and beds and the use of water power and its commercial extraction and exploitation, are prohibited.

26. Boundary Lines:  Barbed wire fences are not allowed between houses.  Other fences may be built if approved by the Developer or the Board of Directors of the Association.  Under no circumstances can fences detract from the value of neighboring properties.

27. Maximum Height:  The maximum height permitted in any type of constructions inside the properties shall be ten meters over ground level, with the exception of lookout towers and chimneys, which can have a maximum height of twelve meters over ground level.

28. All design and construction must be done in a way to ensure that a new structure does not materially change the view for existing homeowners.  The Association and Developer are the final authority in deciding such cases.

 

29. Reflecting Materials and Roofing:  The external installation and use of mirror-type reflecting or polarized glasses with reflection levels of more than a fifty percent visibility, or which damage the flora and the fauna, as well as the use and installation of reflecting films or glasses in windows and doors, are prohibited.  Covers of galvanized iron and any similar material shall be enameled or painted from the time they are place.

30. Lighting Systems:  The lighting systems cannot exceed the maximum height of construction.  Every outdoor source of light shall be indirect, duly covered, and adequate for outdoors conditions.  Exterior landscape lighting shall be positioned in such a manner so as to be downcast and/or screened from view from neighboring properties.  No flashing lights or neon lights shall be permitted.

31. Swimming pools will be allowed, limited to one pool in each Lot.

32. Ovens, stoves, burners and ranges which use wood or coal as fuel are prohibited, in view of the risk they represent of the forest during the dry season.  Every home is to have two functioning fire extinguishers.

33. Parabolic antennas shall be placed in an inconspicuous location.

34. Signage:  commercial signs or any other type of advertising may NOT be installed.  No signs whatsoever, including, but without limitation, commercial, political and similar signs visible from neighboring property, shall be erected or maintained upon any private area.  Seasonal signage and decoration (Christmas, Halloween, etc.) is permitted.  The developer and Paradise Brokers have the right to place signs anywhere in the property to promote the property, provide directions or to use in the selling of property in Tropical Sunsets.

35. House rentals are permitted for residential use only and must be made for at least one full day/night.  If residents choose to rent their house out, this must be handled by Paradise Rentals to ensure that all rules and regulations are followed, to accept the deposit and to provide access to the house.  A fee will be charged by Paradise Rentals for this service.

ASSOCIATION RIGHTS

36. The private area of each lot shall be used exclusively for residential purposes, and no more than one family (including its servants and transient guests) shall occupy such private area.

37. No offensive or illegal activity shall be carried out upon any private area, nor shall anything be done or placed thereon which may become a nuisance, or cause unreasonable embarrassment, disturbance e, or annoyance to other Owners in the enjoyment of their private area, or in their enjoyment of common areas.

38. No firearms are permitted in common areas and no shooting of firearms is permitted within Tropical Sunsets, unless in self defense.

39. All owners must provide a current postal address and e-mail address for receiving communications.

40. In the case of abandonment or neglect by the Owner of external gardens or façade of the residence, the Association may perform necessary work for the maintenance or the appearance at a reasonable cost to the Owner.

41. The non-payment of maintenance fees in any clause will give the Association the right to suspend the services detailed herein, including access, security, etc.  Arrears in payments will incur a monthly interest of two (2%) percent.

42. The Association, with the intention of guaranteeing the appearance, security, and progress of Tropical Sunsets, and in general the availability and stability of services it renders, may modify, eliminate, or amplify the previously listed items.  Any changes in regulations will be communicated to the Owner at the address that he has provided.

43. The yearly fee due per lot is estimated to be $600, subject to change by the Association.  Any moneys not used in the above services will be banked for future improvements to the project as approved by the Association.   The annual fee will be reviewed annually by the members of the Association, and modified at that time if deemed appropriate.

44. The Developer will be the controlling party in the Association until such time as 60% of the available units in development are sold.  The Board of Directors of the Association will be made up of at least seven owners and not to exceed nine elected by the secret ballot form among all of the current owners.  

45. General Provisions:  These covenants are to run with the land and shall be binding on all parties and persons claiming under them for a period of 35 years from the date these covenants are recorded, after which time, said covenant may be reenacted for another 35 years by a 75% consent of all the then property owners.  The Covenants may be amended by 75% consent of the then owners of the lots, agreeing to change said Covenants in whole or in part.

ACKNOWLEDGEMENT

46. The buyer certifies having read Tropical Sunsets Association’s Regulations and agrees to abide by all of its stipulations.  These Regulations are also binding on owner’s heirs, family, and guest.  Spanish translation of this document is available upon request.

 

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OWNER                                                                                  DATE

 

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OWNER                                                                                  DATE