D E C L A R A T I O N
Conditions, Covenants, Restrictions, Easements and Charges
Affecting the Properties at
JADE MONKEY PROPERTIES
THIS DECLARATION made by Jade Monkey Rental Properties S.A.,
a Honduras Corporation, hereinafter called Declarant,
Whereas, Declarant is the owner of Property located in Emerald Beach Estates, West Bay Beach, Roatan, Honduras, known as Lot No 25. Also as shown in survey prepared by and signed Ing. Romel Edgardo Sanchez Bonilla, dated 29 Oct, 2009 and identified as propiedad de: Jade Monkey Rental Properties S.A. To Wit: all property in Jade Monkey Properties (hereinafter the 'Subdivision') Declarant desires to provide for the preservation of the values and amenities of the Subdivision and to provide for maintenance and for the convenience of its residents, and to this end desires to subject Jade Monkey Properties to the Covenants, Conditions, Restrictions, Easements, Charges and Liens hereinafter set forth, each and all of which are for the benefit of said Properties and for each Property Owner thereof and shall inure to the benefit of , and pass with said Property, and shall apply to and bind the successors in interest of any Owner thereof.
NOW, THEREFORE, Declarant declares that the real property in Jade Monkey Rental Properties, is and shall be held, transferred, sold, conveyed and occupied subject to the covenants, restrictions, easements, charges and liens (referred to as 'Covenants') hereinafter set forth.
Jade Monkey Rental Properties S.A.
Section 101. Any management contract between the said Owner, or its assignees, and Declarant, or its assignees, shall be subordinate to these Covenants and Restrictions.
Section 102. All Properties within the Subdivision shall be used exclusively for single family, residential purposes. No business, profession or other activity, except rental conducted for gain, shall be carried on within any Property. No Property shall be further subdivided or partitioned.
Section 103. Any future Single Family Dwelling located on the Owners' Property shall be a minimum of 900 sq. ft. of habitable, enclosed area, not including open decks, walkways, stairs, landings, or separate storage areas or outbuildings. Prior to construction, suggested building plans and location on Owners Property require approval from Declarant, or its assignees.
Section 104. No building materials shall be stored in or around any Property except temporarily during continuous construction of a Structure or its altercation or improvement.
Section 105. The Structure shall be continuously maintained in a neat and attractive manner by the Owner.
Section 106. Any Structure which may be destroyed, in whole or in part, by fire, windstorm, flood, or for any other cause, or act of God, must be rebuilt, or all debris must be removed and the Property restored to a sightly condition, such rebuilding or restoration to be completed with reasonable promptness and, in any event, within nine (9) months.
Section 107. Nothing herein shall preclude immediate access by Declarant or its assignees in case of any fire or other emergency which poses a danger to lives or property and such entry shall not be deemed a trespass.
Home Owners Association Dues and Special Assessment Fees
Section 108. The Declarant hereby covenants, and each Owner of any Property by acceptance of a deed or license therefore, whether or not it shall be so expressed in such deed or license, is deemed to covenant and agree to pay to the Declarant, or its assignees, (1) Annual Maintenance Assessments of charges (HOA Dues), and (2) Special Assessments, such assessments to be established and collected as hereinafter provided.
Section 109. The assessments levied by the Declarant, or its assignees, shall be used to promote the recreation, health, safety, welfare, amenities and property values of the Owners in the Subdivision, for the improvement and maintenance of the shared exterior spaces. These assessments include, but are not limited to, maintenance of the private roads, common electricity use, grooming of the beach front, landscaping and its maintenance thereof, caretaker personnel, gates, General Liability Insurance, or any other new item approved by majority vote.
Section 110. As of January 1st, 2011, the Home Owners Association Dues (HOA Dues) are set at $675US per year. The HOA Dues may be increased each year by the Declarant, or its assignees, based on the actual cost of expenses which take into account the increases in those expenses due to inflation. Declarant, or its assignees, shall maintain an adequate reserve fund out of the HOA Dues for the maintenance, repair, and replacement of those elements of the Common Area of the Beach Front at Emerald Beach, or other designated common areas, that must be repaired and/or replaced on a periodic basis.
Section 111. In addition to the HOA Dues authorized above, Declarant, or its assignees, may levy, in any assessment year, a Special Assessment Fee. Such Special Assessment Fee could be for the purposes of constructing a future swimming pool, palapa, or the extensive construction, repair or replacement of capital improvements upon the Emerald Beach Front Common Area, or other common areas, thereby increasing the values and amenities of all Properties. The Special Assessment Fee can also include general improvements to Emerald Beach Estates, including fixtures and personal property related thereto, provided that any such Special Assessment shall have the consent of the simple majority of the Owners who are voting in person, or by proxy, or by mail, or by email, in response to a request duly called for this purpose.
Section 112. Written notice of any request called for the purpose of taking an action authorized under Section 111 shall be sent, or emailed, to all Owners not less than thirty (30) days or more than sixty (60) days in advance of the request.
Section 113. HOA Dues for Emerald Beach Front Common Area, other common areas, and the general improvements to Emerald Beach Estates, will be fixed at a uniform rate for all Jade Monkey Properties sufficient to meet the expected needs of the Declarant, Emerald Beach Estates, or its assignees.
Section 114. The HOA Dues provided for herein shall commence as to all Properties at the time of completion of each Real Estate Contract. The First Annual Assessment shall be adjusted according to the number of months, or portion thereof, remaining in the calendar year. Thereafter, Owners will be advised and billed prior to January 1 of each year.
Section 115. Any HOA Dues and/or Special Assessment Fees, which are not paid when due shall be delinquent. Any Assessments not paid within thirty (30) days after the due date thereof shall bear interest from the due date at the rate of five (5) percent per month, plus a $25US re-billing charge. Declarant, or its assignees, may bring an action of law against the Owner personally obligated to pay the same or foreclose the lien against the Owner's Property: and in the event of a judgment obtained, such judgment shall include interest on the Assessment as above provided, and a reasonable attorneys' fee to be fixed by the Court, together with the costs of the action. No Owner may waive or otherwise escape liability for the Assessments provided herein by non-use of the Common Area or abandonment of their Property. So long as any Owner is in default, Declarant has the option of disconnecting the water and power to the Property and eliminate the use of the Emerald Beach Front Common Area by the Owner and their guests.
Section 116. The Annual and Special Assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge on the Property in delinquency and shall be a continuing lien upon the Property against which each such Assessment is made.
Section 117. The lien may be enforced by foreclosure of the defaulting Owner's Property by Declarant, or its assignees, in like manner as a mortgage on Real Property. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. Declarant, or its assignees, may prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Property, and a description of said Property. Such a notice shall be signed by Declarant, or its assignees, and may be recorded in the Records of Honduras. The lien for each unpaid Assessment attaches to the Property at the beginning of each Assessment period and shall continue to be a lien against the Property until paid. The costs and expenses for filing any notice of lien shall be added to the Assessment. Each Assessment, together with interest, costs, and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Property at the time when the assessment fell due. This personal obligation for delinquent Assessment, if not paid, shall pass to the successors in title.
Common Area in Emerald Beach Estates
Section 118. Each Property in Jade Monkey Properties shall have the use and enjoyment of the Emerald Beach Common Areas - private road to the beach , beach front, roped off swimming area, and other common facilities, now or in the future. Each Property Owner hereby covenants and agrees to pay a pro-rata share of the costs and expenses of maintaining and repair of said Common Areas. All costs and expenses associated with the maintenance and repair of said Common Areas shall be divided equally on a per Property Owner basis.
Section 119. No use shall be made of the Common Areas which would in any manner violate the statutes, rules, or regulations of any governmental authority having jurisdiction over the Common Areas. No Owner shall place any structure whatsoever upon the Common Areas, nor shall any Owner engage in any activity which will temporarily, or permanently, deny free access to any part of the Common Area to all Owners. The use of the Common Areas and the restrictions of use on any portion of the Common Areas shall be subject to such rules and regulations as may be adopted from time to time by the Declarant or its assignees. No use shall ever be made of the Common Areas which would deny ingress or egress to those Owners having access to the Common Areas through Property Ownership, except if in arrears of Property Assessments.
Section 120. Use of any Common Areas for group gatherings/parties must be approved in writing 24 hours in advance. Some fees may be applicable.
Jade Monkey Properties
Section 121. The Declarant has installed metered electric distribution access, metered water distribution access, sewer distribution access and road access, for the use and benefit of the Owners. Water will be metered to the Owner monthly and paid for by the Owner based on the amount of water used. Declarant reserves the right to modify the water bill payment from every thirty (30) days to a longer period, based upon usage. Electric service will be metered, billed by RECO monthly, based on usage, and paid by the Owner. Sewer service will be billed annually to the Owners in their HOA Dues, based on a flat rate sufficient to maintain and service the septic system and mains, irrespective of use. If water billing is not paid within thirty (30) days, Declarant, or its assignees, reserves the right to disconnect until payment in full. If the monthly electrical bill is not paid to RECO within thirty (30) days, then RECO has the right to disconnect service until full payment is received. In either case, there may be a reconnect fee applied.
Section 122. Each Owner, their agents and contractors, are granted an easement for the purpose of maintenance, construction, reconstruction, and repair of their Structure.
Section 123. Each Owner shall prevent the development of any unclean, unsightly or unkempt conditions of buildings, porches and verandas which would tend to substantially decrease the beauty of the neighborhood as a whole or in the specific area.
Section 124. All maintenance equipment shall be stored in an enclosed structure or otherwise adequately screened so as not to be visible from neighboring property or common areas.
Section 125. No ashes, trash, garbage, scrap materials, or other refuse shall be stored, accumulated or deposited outside or so as to be visible from any neighboring property or street.
Section 126. No noxious or offensive activity shall be carried on at any Property, nor anything done thereon tending to cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. No offensive or hazardous activities may be carried on at any Property. No annoying lights, sound or odors shall be permitted to emanate from any Property.
Section 127. No exterior speakers, horns whistles, bells, or other sound devices, except security devices used exclusively for security purposes, shall be located on any Property, except with prior written permission from Declarant , or its assignees.
Section 128. In order to effect insect, weed and fire control or to remove nuisances, Declarant, or its assignees, has the right, at its own election, to enter upon any exterior space and remove any trash without such entrance and removal being deemed a trespass.
Section 129. No animals or pets of any kind shall be permitted in or around any premises without the express written consent of Declarant, or its assignees. But at no time, even with written consent, will an approved animal be allowed to create a continued nuisance to its neighbors.
Section 130. No signs shall be permitted on any Owners Property without the written consent of Declarant, or its assignees. Any signs permitted by written consent must be professionally painted, lettered, constructed and approved by the Declarant, or its assignees.
Section 131. An easement is hereby granted to Declarant, its agents, employees and assigns, across, over, in and upon the Properties as may be necessary or appropriate to perform the duties, functions and repairs which they are obligated to perform pursuant to this Declaration or otherwise.
Section 132. A non-exclusive easement is further granted to all police, fire protection, ambulance and all similar persons or entities to enter upon the Properties.
Section 133. Declarant, the officers and directors, member and agents of Declarant, and Jade Monkey Rental Properties S.A., shall not be liable to any party whatsoever for any act or omission unless the act or omission is in bad faith and amounts to fraud.
Covenants Run With the Title
Section 134. These Covenants shall run with the title and shall inure to and be binding on each Property and upon each person or entity hereafter acquiring ownership or any right, title, and interest in any Property in the Subdivision.
Covenants Are Accumulative
Section 135. Each of these Covenants are cumulative and independent and is to be construed without reference to any other provisions dealing with the same subject matter or imposing similar or dissimilar restrictions. The provision shall be fully enforceable, although it may prohibit an act or omission sanctioned or permitted by another provision.
These Covenants May Not Be Waived
Section 136. Except as these Covenants may be amended or terminated in the manner heretofore set forth, they may not be waived, modified or terminated and a failure to enforce shall not constitute a waiver or impair the effectiveness or enforceability of these Covenants. Every person bound by these Covenants is deemed to recognize and agree that it is not the intent of these Covenants to require constant, harsh or literal enforcement of them as a requisite of their continuing viability and the leniency or neglect in their enforcement shall not in any way invalidate these Covenants or any part of them, nor operate as an impediment to their subsequent enforcement and each such person agrees not to defend against enforcement of these Covenants on the grounds of waiver. These Covenants and Restrictions may be changed by Declarant or by majority vote of Jade Monkey Properties Owners.
Enforcement and Severability
Section 137. These Covenants are for the benefit of the Owners jointly and severally, and the Declarant, and its assignees, and may be enforced by action for damages, suits for injunction, mandatory and prohibitive, and other relief, and by any other appropriate legal remedy instituted by one or more Owners or the Declarant, its successors, its assignees, or any combination of them. All costs incurred by anyone in connection with any successful enforcement proceeding shall be paid by the party determined to have violated the Covenants. If any of these Covenants shall be held invalid or become unenforceable, the other Covenants shall in no way be affected or impaired, but shall remain in full force and effect. The Declarant may give notice to the Owner of the Property where a breach occurs or which is occupied by the persons causing or responsible for the breach, which notice shall state the nature of the breach, and the intent of the Declarant to invoke this Section unless within a period stated in the notice, not less than five (5) calendar days, the breach is cured and terminated or appropriate measures to cure and terminate are begun and thereafter continuously prosecuted with diligence. If the breach is not cured and terminated as required by the notice, the Declarant may cause the breach to be cured and terminated at the expense of the Owner or Owners so notified, and entry on Owners' Property as necessary for such purpose shall not be deemed a trespass. The cost to do so, incurred by the Declarant, shall be paid by the person responsible for the breach and if not paid within thirty (30) days after such Owner has been sent notice of the amount due, such amount, plus interest at the rate of five (5) percent per month, plus a $25US re-billing charge, plus cost of collection, shall be a lien on the ownership interest in the Property (including improvements thereon) of each person so notified and shall in all respects be the personal obligation of the Owner. The Declarant may bring an action at law for recovery of the costs so incurred by it, plus interest and cost of collection against the Owner personally obligated to pay and may bring an action to foreclose the lien against the Property and improvements subject to the lien and there shall be added to the amount of such obligation the cost of preparing and filing the complaint in such action, and the judgment in any such action shall include interest as above provided and a reasonable attorneys' fee to be fixed by the Court, together with the costs of the action. The foregoing specified rights and remedies shall not limit the right of any Property Owner to enforce these Covenants as otherwise may be provided by law or equity.
Action In Writing
Section 138. Notices, approval, consents, extensions, applications, and other actions provided or contemplated by these Covenants shall be in writing and shall be signed on behalf of the party who originates the notice, approval, consent, applications, or other action. Permission, consent or approval of Declarant, or its assignees under these Covenants, is not effective unless in writing.
Section 139. Any writing described in Section 138, including but not limited to, any communication from Declarant, or its assignees, to an Owner, shall be sufficiently served if delivered by mail or email to the Owner or otherwise to the dwelling owned by that Owner.
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